S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8306                                                  A. 8806
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence; to amend the education law, in relation to foundation  aid;  to
   amend  the  education  law,  in  relation  to allowable transportation
   expenses; to amend the education law, in  relation  to  transportation
   aid  and the Clean Water, Clean Air, and Green Jobs Environmental Bond
   Act of 2022; to amend the  education  law,  in  relation  to  academic
   enhancement  aid;  to amend the education law, in relation to high tax
   aid; to amend the education law, in relation to  universal  prekinder-
   garten  and the Statewide universal full-day pre-kindergarten program;
   to amend the education law, in relation to implementation of the smart
   schools bond act of 2014; to amend the education law, in  relation  to
   special apportionments and grants-in-aid to school districts; to amend
   chapter  91  of  the laws of 2002 amending the education law and other
   laws  relating  to  reorganization  of  the  New  York   city   school
   construction  authority,  board  of education and community boards, in
   relation to extending the effectiveness thereof; to amend chapter  345
   of  the laws of 2009, amending the education law and other laws relat-
   ing to the New York city board  of  education,  chancellor,  community
   councils, and community superintendents, in relation to the effective-
   ness  thereof;  to  amend  the education law, in relation to state aid
   adjustments; to amend the education  law,  in  relation  to  extending
   certain provisions of the teachers of tomorrow teacher recruitment and
   retention  program; to amend the education law, in relation to maximum
   class sizes for special classes for certain  students  with  disabili-
   ties;  to amend chapter 82 of the laws of 1995, amending the education
   law and other laws relating to state aid to school districts  and  the
   appropriation  of  funds for the support of government, in relation to
   the effectiveness thereof; to amend chapter 756 of the  laws  of  1992
   relating  to  funding  a program for work force education conducted by
   the consortium for worker education in New York city, in  relation  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-01-4
 S. 8306                             2                            A. 8806
 
   reimbursement  for  the 2023-2024 school year withholding a portion of
   employment preparation education aid and in relation to the effective-
   ness thereof; to amend the education law, in relation to the financing
   of  charter schools; to amend part A of chapter 56 of the laws of 2023
   directing the education department to conduct a comprehensive study of
   alternative tuition rate-setting methodologies for approved  providers
   operating  school-age  and preschool programs receiving state funding,
   in relation to extending the date for the submission of such recommen-
   dations; to amend chapter 169 of the laws of 1994, relating to certain
   provisions related to the 1994-95 state operations, aid to localities,
   capital projects and debt service budgets, in relation to  the  effec-
   tiveness  thereof;  to  amend chapter 97 of the laws of 2011, amending
   the education law relating to census reporting,  in  relation  to  the
   effectiveness  thereof; providing for special apportionment for salary
   expenses; providing  for  special  apportionment  for  public  pension
   accruals;  providing for set-asides from the state funds which certain
   districts are receiving from the total foundation aid;  and  providing
   for  support  of public libraries; to repeal certain provisions of the
   education law relating to phase-in foundation increase; and to  repeal
   certain  provisions  of  the  education law relating to foundation aid
   (Part A); to amend the education  law,  in  relation  to  establishing
   evidence-based  reading  instructional  best  practices  for  students
   attending prekindergarten through grade three (Part B); to  amend  the
   education  law, in relation to directing the commissioner of education
   to require the completion of a FAFSA or a waiver of  such  requirement
   and  requires  school  districts  issue  annual  reports  on  students
   completing the FAFSA and the waiver (Part C); to amend  the  education
   law,  in  relation  to eligibility for unrestricted aid to independent
   colleges and universities (Part D); to amend  the  education  law,  in
   relation  to  ensuring informational coordination between state educa-
   tional agencies (Part E); to amend chapter 260 of  the  laws  of  2011
   amending  the  education  law and the New York state urban development
   corporation act relating to establishing  components  of  the  NY-SUNY
   2020 challenge grant program, in relation to the effectiveness thereof
   (Part  F); to amend part N of chapter 56 of the laws of 2020, amending
   the social services law relating to restructuring financing for  resi-
   dential  school  placements,  in relation to the effectiveness thereof
   (Part G); to amend the social services law, in relation to  increasing
   the  standards  of  monthly  need for aged, blind and disabled persons
   living in the community (Part H); to amend the family  court  act  and
   the domestic relations law, in relation to establishment and modifica-
   tion  of  child  support  orders  (Part I); to amend the labor law, in
   relation to nursing employees' right to express breast milk (Part  J);
   to  amend the labor law, in relation to limiting liquidated damages in
   certain frequency of pay violations (Part K); to amend the labor  law,
   in  relation  to  civil penalties for violations of certain provisions
   for the payment of wages (Part L); to amend chapter 25 of the laws  of
   2020,  relating  to  providing  requirements  for  sick  leave and the
   provision of certain employee benefits when such employee  is  subject
   to  a  mandatory or precautionary order of quarantine or isolation due
   to COVID-19, in relation to providing for the expiration and repeal of
   such provisions (Part M); to utilize reserves in the  mortgage  insur-
   ance fund for various housing purposes (Part N); to amend the criminal
   procedure  law  and  the  penal  law, in relation to the crime of deed
   theft; to amend the real property  actions  and  proceedings  law,  in
   relation  to  the  partition of heirs' property; and to amend the real
 S. 8306                             3                            A. 8806
 
   property law, in relation to allowing transfer on  death  deeds  (Part
   O);  relating  to  the  conveyance  and use of real property owned and
   maintained by the State University of New York at Farmingdale (Subpart
   A);  relating  to  the  conveyance  and use of real property owned and
   maintained by the State University of New York at Stony Brook (Subpart
   B); and relating to the conveyance and use of real property owned  and
   maintained by the New York State Department of Transportation (Subpart
   C)  (Part  P);  to  amend  the  multiple  dwelling law, in relation to
   authorizing a city of one million or more to remove  the  cap  on  the
   floor area ratio of certain dwellings (Part Q); to amend the labor law
   and  the real property tax law, in relation to the exemption from real
   property taxation of certain multiple dwellings in  a  city  having  a
   population  of  one  million  or  more (Part R); to amend the multiple
   dwelling law, in relation to establishing a program to  address    the
   legalization  of  specified basement and cellar dwelling units and the
   conversion of other specified basement and cellar dwelling units in  a
   city  with  a population of one million or more (Part S); to amend the
   real property tax law, in  relation  to  eligible  multiple  dwellings
   under  the  affordable New York housing program (Part T); and to amend
   the real property tax law and the labor law, in relation  to  enacting
   the affordable neighborhoods for New Yorkers tax incentive (Part U)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state education, labor, housing and family
 assistance budget for the 2024-2025 state fiscal year. Each component is
 wholly contained within a Part identified as  Parts  A  through  U.  The
 effective  date for each particular provision contained within such Part
 is set forth in the last section of such  Part.  Any  provision  in  any
 section  contained  within  a  Part, including the effective date of the
 Part, which makes a reference to a section "of this act", when  used  in
 connection  with  that particular component, shall be deemed to mean and
 refer to the corresponding section of the Part in  which  it  is  found.
 Section  three of this act sets forth the general effective date of this
 act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2023, is amended to read as follows:
   e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
 district  that  submitted a contract for excellence for the two thousand
 eight--two thousand nine school year shall submit a contract for  excel-
 lence  for  the  two  thousand  nine--two  thousand  ten  school year in
 conformity with the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of this section unless all schools in the district are
 identified as in good standing  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 nine--two thousand ten school year, unless all schools in  the  district
 are  identified  as in good standing, shall submit a contract for excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 S. 8306                             4                            A. 8806

 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than  the  product  of  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
 district's gap elimination adjustment percentage  and  provided  further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for the two thousand twelve--two thousand  thir-
 teen  school  year  which  shall,  notwithstanding  the  requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  eleven--two  thousand  twelve  school  year and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand twelve--two thousand thirteen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year and provided further that,  a  school  district  that  submitted  a
 contract  for  excellence  for  the  two thousand thirteen--two thousand
 fourteen school year, unless all schools in the district are  identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 S. 8306                             5                            A. 8806
 
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract  for  excellence  for  the  two  thousand sixteen--two thousand
 seventeen school year; and provided further that a school district  that
 submitted  a contract for excellence for the two thousand seventeen--two
 thousand eighteen school year, unless all schools in  the  district  are
 identified  as  in good standing, shall submit a contract for excellence
 for the two thousand eighteen--two thousand nineteen school  year  which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall be not less than the amount approved by the
 commissioner in the contract for excellence for the two thousand  seven-
 teen--two  thousand  eighteen  school year; and provided further that, a
 school district that submitted a contract for  excellence  for  the  two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for  the  two  thousand  nineteen--two  thousand
 twenty  school  year  which  shall,  notwithstanding the requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand eighteen--two thousand nineteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand nineteen--two thousand twenty school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year; and provided further that, a  school  district  that  submitted  a
 contract  for excellence for the two thousand twenty--two thousand twen-
 ty-one school year, unless all schools in the district are identified as
 in good standing, shall submit a contract for  excellence  for  the  two
 thousand  twenty-one--two  thousand  twenty-two school year which shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner  in  the contract for excellence for the two thousand twenty--two
 thousand twenty-one school year; and provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 twenty-one--two thousand twenty-two school year, unless all  schools  in
 the district are identified as in good standing, shall submit a contract
 for  excellence  for  the  two thousand twenty-two--two thousand twenty-
 three school year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand twenty-one--two thousand  twenty-two  school  year;
 and  provided  further that, a school district that submitted a contract
 for excellence for the two  thousand  twenty-two--two  thousand  twenty-
 three  school year, unless all schools in the district are identified as
 in good standing, shall submit a contract for  excellence  for  the  two
 thousand twenty-three--two thousand twenty-four school year which shall,
 S. 8306                             6                            A. 8806
 
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner  in the contract for excellence for the two thousand twenty-two--
 two thousand twenty-three school year;  AND  PROVIDED  FURTHER  THAT,  A
 SCHOOL  DISTRICT  THAT  SUBMITTED  A CONTRACT FOR EXCELLENCE FOR THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, UNLESS  ALL
 SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT
 A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF
 SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION,
 PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE  NOT  LESS  THAN
 THE  AMOUNT  APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
 FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR;
 provided, however, that, in a city school district in a  city  having  a
 population  of  one million or more, notwithstanding the requirements of
 subparagraph (vi) of paragraph a of subdivision two of this section, the
 contract for excellence shall provide for the expenditure as  set  forth
 in  subparagraph  (v) of paragraph a of subdivision two of this section.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" shall be calculated as the sum of one minus the quotient of the sum
 of the school district's net gap elimination adjustment for two thousand
 ten--two thousand eleven computed pursuant to chapter fifty-three of the
 laws of two thousand ten,  making  appropriations  for  the  support  of
 government,  plus  the  school district's gap elimination adjustment for
 two thousand eleven--two thousand twelve as computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  support  of the local assistance budget, including support for
 general support for public schools, divided by the total aid for adjust-
 ment computed pursuant to chapter fifty-three of the laws of  two  thou-
 sand  eleven,  making  appropriations  for  the local assistance budget,
 including support for general  support  for  public  schools.  Provided,
 further,  that  such  amount  shall  be expended to support and maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand ten school  year  or  to  support  new  or  expanded  allowable
 programs and activities in the current year.
   §  2.  The  opening  paragraph of subdivision 4 of section 3602 of the
 education law, as amended by section 9-b of part CCC of  chapter  59  of
 the laws of 2018, is amended to read as follows:
   In  addition  to  any  other apportionment pursuant to this chapter, a
 school district, other than a special act school district as defined  in
 subdivision eight of section four thousand one of this chapter, shall be
 eligible  for  total  foundation  aid equal to the SUM OF THE TRANSITION
 ADJUSTMENT PLUS THE product of  total  aidable  foundation  pupil  units
 multiplied by the district's selected foundation aid, which shall be the
 greater  of  five  hundred  dollars  ($500)  or foundation formula aid[,
 provided, however that for the two thousand  seven--two  thousand  eight
 through  two  thousand  eight--two thousand nine school years, no school
 district shall receive total foundation aid in excess of the sum of  the
 total foundation aid base for aid payable in the two thousand seven--two
 thousand  eight  school  year  computed  pursuant to subparagraph (i) of
 paragraph j of subdivision one of this section, plus the phase-in  foun-
 dation  increase  computed  pursuant to paragraph b of this subdivision,
 and provided further that for  the  two  thousand  twelve--two  thousand
 thirteen  school year, no school district shall receive total foundation
 aid in excess of the sum of the total foundation aid base for aid  paya-
 S. 8306                             7                            A. 8806

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

 plus  (ii)  the  executive foundation increase and plus (iii) "COMMUNITY
 SCHOOLS AID" in the computer listing produced  by  the  commissioner  in
 support  of  the executive budget request for the two thousand sixteen--
 two  thousand  seventeen school year and entitled "BT161-7" and provided
 further that for the two thousand nine--two  thousand  ten  through  two
 thousand  eleven--two thousand twelve school years, each school district
 shall receive total foundation aid in an  amount  equal  to  the  amount
 apportioned  to  such  school  district  for the two thousand eight--two
 thousand nine school year pursuant to this subdivision].  Total  aidable
 foundation  pupil  units  shall be calculated pursuant to paragraph g of
 subdivision two of this section. For the  purposes  of  calculating  aid
 pursuant  to  this  subdivision, aid for the city school district of the
 city of New York shall be calculated on a citywide basis.
   § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of  section
 3602  of  the  education law,   as amended by section 9-b of part CCC of
 chapter 59 of the laws of 2018,  are amended to read as follows:
   (1) The foundation amount shall reflect the average per pupil cost  of
 general  education instruction in successful school districts, as deter-
 mined by a statistical analysis of the costs of  special  education  and
 general  education  in  successful  school  districts, provided that the
 foundation amount shall be adjusted annually to reflect  the  EIGHT-YEAR
 AVERAGE  OF  THE  percentage  increase  in  the  consumer price index as
 defined by paragraph hh of subdivision one of  this  section[,  provided
 that  for the two thousand eight--two thousand nine school year, for the
 purpose of such adjustment, the  percentage  increase  in  the  consumer
 price  index  shall be deemed to be two and nine-tenths percent (0.029),
 and provided further that the foundation amount  for  the  two  thousand
 seven--two thousand eight school year shall be five thousand two hundred
 fifty-eight  dollars,  and  provided  further  that for the two thousand
 seven--two thousand eight through two thousand  seventeen--two  thousand
 eighteen  school  years, the foundation amount shall be further adjusted
 by the phase-in foundation percent established pursuant to  paragraph  b
 of  this  subdivision]  FOR THE TEN MOST RECENT CALENDAR YEARS EXCLUDING
 THE HIGHEST AND LOWEST VALUES.
   (4) The expected minimum local contribution shall equal the lesser  of
 (i)  the product of (A) the quotient arrived at when the selected actual
 valuation is divided by total wealth foundation pupil units,  multiplied
 by  (B)  the  product  of the local tax factor, multiplied by the income
 wealth index, or (ii) the product of (A) the product of  the  foundation
 amount, the regional cost index, and the pupil need index, multiplied by
 (B)  the  positive  difference,  if  any, of one minus the state sharing
 ratio for total foundation aid. The local tax  factor  shall  be  estab-
 lished by May first of each year by determining the product, computed to
 four  decimal  places  without rounding, of ninety percent multiplied by
 the quotient of the sum of the statewide average tax rate as computed by
 the commissioner for the current year in accordance with the  provisions
 of  paragraph  e of subdivision one of section thirty-six hundred nine-e
 of this part plus the statewide average tax rate computed by the commis-
 sioner for the base year in accordance with  such  provisions  plus  the
 statewide  average  tax  rate  computed by the commissioner for the year
 prior to the base year in accordance with such  provisions,  divided  by
 three[,  provided  however that for the two thousand seven--two thousand
 eight school year, such local tax factor shall  be  sixteen  thousandths
 (0.016), and provided further that for the two thousand eight--two thou-
 sand  nine  school  year,  such  local  tax  factor shall be one hundred
 fifty-four ten thousandths (0.0154)]. The income wealth index  shall  be
 S. 8306                             9                            A. 8806
 
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum  local  contribution  the income wealth index shall not be less than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0)  [and  provided however that such income wealth index shall not be
 more than ninety-five percent (0.95) for  the  two  thousand  eight--two
 thousand  nine school year, and provided further that such income wealth
 index shall not be less than zero for  the  two  thousand  thirteen--two
 thousand  fourteen  school year]. The selected actual valuation shall be
 calculated pursuant to paragraph c of subdivision one of  this  section.
 Total  wealth  foundation  pupil  units  shall be calculated pursuant to
 paragraph h of subdivision two of this section.
   § 4. Paragraph b of subdivision 4 of section 3602 of the education law
 is REPEALED and a new paragraph b is added to read as follows:
   B. TRANSITION ADJUSTMENT. THE TRANSITION ADJUSTMENT  SHALL  EQUAL  THE
 PRODUCT  OF (1) THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID FOR THE
 TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AS
 DEFINED  IN  PARAGRAPH  G  OF SUBDIVISION THREE OF THIS SECTION, BUT NOT
 LESS THAN FIVE TENTHS (0.5), MULTIPLIED BY (2) THE POSITIVE  DIFFERENCE,
 IF  ANY,  OF  (I) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN
 THE TWO THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  SCHOOL  YEAR
 PURSUANT  TO  THIS  SUBDIVISION  LESS  (II) THE PRODUCT OF TOTAL AIDABLE
 FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED  FOUNDATION
 AID  FOR  THE  TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR COMPUTED PURSUANT TO THIS SUBDIVISION, AS SET FORTH ON THE COMPUTER
 LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET
 REQUEST  FOR  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND TWENTY-FIVE
 SCHOOL YEAR AND ENTITLED "BT242-5".
   § 5. Paragraph d of subdivision 4 of section  3602  of  the  education
 law,  as  amended  by section 6 of part YYY of chapter 59 of the laws of
 2019, is amended to read as follows:
   d. For the two thousand fourteen--two  thousand  fifteen  through  two
 thousand  [twenty-three]  TWENTY-EIGHT--two thousand [twenty-four] TWEN-
 TY-NINE school years a city school district of a  city  having  a  popu-
 lation  of  one  million or more may use amounts apportioned pursuant to
 this subdivision for afterschool programs.
   § 6. Paragraphs b-2, b-3, b-4, f, g, h, i and j of  subdivision  4  of
 section 3602 of the education law are REPEALED.
   § 7. Paragraph k of subdivision 4 of section 3602 of the education law
 is REPEALED.
   §  8.  The  undesignated closing paragraph of subdivision 3 of section
 3602 of the education law, as added by section 13 of part B  of  chapter
 57 of the laws of 2007, is amended to read as follows:
   Such  result  shall  be expressed as a decimal carried to three places
 without rounding, but shall not be greater than  ninety  hundredths  nor
 less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE
 STATE  SHARING  RATIO FOR TOTAL FOUNDATION AID IN THE TWO THOUSAND TWEN-
 TY-FOUR--TWO THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AND  THEREAFTER,  SUCH
 RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS.
   § 9. Intentionally omitted.
   §  10.  Paragraph  j of subdivision 1 of section 3602 of the education
 law is amended by adding a new subparagraph (iii) to read as follows:
   (III) THE TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE  TWO  THOU-
 SAND  SEVEN--TWO  THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND FOR AID
 CALCULATIONS FOR SUBSEQUENT SCHOOL YEARS BASED ON AID  PAYABLE  IN  SUCH
 SCHOOL  YEARS,  SHALL  BE  DEEMED  FINAL AND NOT SUBJECT TO CHANGE ON OR
 S. 8306                            10                            A. 8806
 
 AFTER JULY FIRST OF THE SCHOOL YEAR FOLLOWING THE LAST  SCHOOL  YEAR  IN
 WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI-
 TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION
 FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART.
   §  11.  Subparagraphs  2  and  3  of paragraph b of subdivision 6-f of
 section 3602 of the education law, as added by section 19 of part  H  of
 chapter 83 of the laws of 2002,  are amended to read as follows:
   (2)  is  a construction emergency project to remediate emergency situ-
 ations which arise in public school buildings and  threaten  the  health
 and/or  safety  of  building occupants, as a result of the unanticipated
 discovery of asbestos or other hazardous substances during  construction
 work on a school or significant damage caused by a fire, snow storm, ice
 storm, excessive rain, high winds, flood or a similar catastrophic event
 which results in the necessity for immediate repair[; and/or
   (3)  if  bonded  pursuant  to  paragraph  j of subdivision six of this
 section, would cause a city school district in a  city  having  a  popu-
 lation  of  less  than  one  hundred twenty-five thousand inhabitants to
 exceed ninety-five percent of its constitutional  debt  limit  provided,
 however,  that any debt issued pursuant to paragraph c of section 104.00
 of the local finance law shall not be included in such calculation].
   § 12. The opening paragraph of subdivision  2  of  section  3623-a  of
 education  law,  as  added  by  section 86 of chapter 474 of the laws of
 1996, is amended to read as follows:
   Allowable transportation capital, debt service and lease expense shall
 include base year expenditures [for:] AS DESCRIBED IN THIS  SUBDIVISION,
 NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
 ITURES  AS  PRESCRIBED  BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA-
 GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
   § 13. Subdivision 3 of section 3623-a of the education law is  amended
 by adding added a new paragraph d to read as follows:
   D.  (1)  FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
 LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE,  AND
 LEASE  EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  ARTICLE  SHALL  INCLUDE
 THE  FINAL  VALUE  OF  ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT,
 PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
 RONMENTAL CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF  OR
 CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE.
   (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
 SERVICE,  OR  LEASES  WHICH  ARE  RELATED  TO  COSTS ASSOCIATED WITH THE
 PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES  AND  SUPPORTING
 INFRASTRUCTURE  AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS,
 PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION  58-0701  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW,  SUCH ALLOWABLE EXPENSES AT THE TIME IN WHICH
 THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD-
 UCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT  TO  SUBDIVISION
 SEVEN  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY
 ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS  PAID
 ON  BEHALF  OF  A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER
 SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
   (3) THE ENTITY AUTHORIZED TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  PURSUANT  TO  SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON-
 MENTAL CONSERVATION LAW SHALL PROVIDE TO  THE  COMMISSIONER  A  LIST  OF
 GRANTS  AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON
 BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION  TO  ZERO-
 S. 8306                            11                            A. 8806
 
 EMISSION  SCHOOL  BUSES  AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE
 MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR.  THIS
 LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES  TO
 BE  FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
 OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR  GRANT,  THE  DISTRICT
 RECEIVING  SUCH  PAYMENT OR GRANT OR THAT BENEFITTED FROM  SUCH VOUCHER,
 THE DATE ON WHICH THE PAYMENT OR  GRANT  WAS  RECEIVED,  AND  ANY  OTHER
 INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   §  14.  Paragraph i of subdivision 12 of section 3602 of the education
 law, as amended by section 10 of part A of chapter 56  of  the  laws  of
 2023, is amended to read as follows:
   i.  For  the  two  thousand twenty-one--two thousand twenty-two school
 year through the two thousand [twenty-three]  TWENTY-FOUR--two  thousand
 [twenty-four]  TWENTY-FIVE  school  year,  each school district shall be
 entitled to an apportionment equal to the  amount  set  forth  for  such
 school  district  as  "ACADEMIC  ENHANCEMENT" under the heading "2020-21
 ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
 commissioner  in  support of the budget for the two thousand twenty--two
 thousand twenty-one school year and entitled "SA202-1", and such  appor-
 tionment  shall  be deemed to satisfy the state obligation to provide an
 apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
 hundred forty-one of this article.
   §  15.  The opening paragraph of subdivision 16 of section 3602 of the
 education law, as amended by section 11 of part A of chapter 56  of  the
 laws of 2023, is amended to read as follows:
   Each  school  district  shall  be  eligible  to receive a high tax aid
 apportionment in the two thousand eight--two thousand nine school  year,
 which  shall equal the greater of (i) the sum of the tier 1 high tax aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax aid apportionment or (ii) the product of the apportionment  received
 by  the school district pursuant to this subdivision in the two thousand
 seven--two thousand eight school year,  multiplied  by  the  due-minimum
 factor,  which shall equal, for districts with an alternate pupil wealth
 ratio computed pursuant to paragraph b  of  subdivision  three  of  this
 section that is less than two, seventy percent (0.70), and for all other
 districts,  fifty percent (0.50). Each school district shall be eligible
 to receive a high tax aid apportionment in the  two  thousand  nine--two
 thousand  ten  through two thousand twelve--two thousand thirteen school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nine--two thousand ten school year and  entitled  "SA0910".
 Each  school district shall be eligible to receive a high tax aid appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four]  TWENTY-
 FIVE  school  year  equal to the greater of (1) the amount set forth for
 such school district as "HIGH TAX AID" under the heading  "2008-09  BASE
 YEAR  AIDS"  in  the school aid computer listing produced by the commis-
 sioner in support of the budget for the two thousand nine--two  thousand
 ten  school  year  and entitled "SA0910" or (2) the amount set forth for
 such school district as "HIGH TAX AID" under the heading "2013-14  ESTI-
 MATED  AIDS"  in the school aid computer listing produced by the commis-
 sioner in support of the executive budget for the  2013-14  fiscal  year
 and entitled "BT131-4".
 S. 8306                            12                            A. 8806

   § 16. Paragraph d of subdivision 10 of section 3602-e of the education
 law,  as  amended by section 23-c of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   d. Notwithstanding any other provision of this section, apportionments
 under this section greater than the amounts provided in the two thousand
 sixteen--two  thousand  seventeen  school  year  shall  only  be used to
 supplement and not supplant current local  expenditures  of  [state  or]
 local funds on prekindergarten programs and the number of eligible full-
 day  four-year-old  prekindergarten  pupils and eligible full-day three-
 year-old prekindergarten pupils in  such  programs  from  such  sources.
 Current  local  expenditures  shall  include  any  local expenditures of
 [state or] local funds used to supplement or  extend  services  provided
 directly  or  via  contract to eligible children enrolled in a universal
 prekindergarten program pursuant to this section.
   § 17. Subdivision 13 of section 3602-ee of the education law, as added
 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
 read as follows:
   13. Apportionments under this section shall only be used to supplement
 and not supplant current local expenditures of federal[, state] or local
 funds on pre-kindergarten programs and  the  number  of  slots  in  such
 programs from such sources. Current local expenditures shall include any
 local expenditures of federal[, state] or local funds used to supplement
 or  extend  services provided directly or via contract to eligible chil-
 dren enrolled  in  a  universal  pre-kindergarten  program  pursuant  to
 section thirty-six hundred two-e of this part.
   §  18.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 16 of part A of chapter 56 of the laws  of  2023,  is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [twenty-four]  TWENTY-FIVE; provided that the program shall continue and
 remain in full effect.
   § 19. Paragraphs a and b of subdivision 16  of  section  3641  of  the
 education law, as added by section 2 of part C of chapter 56 of the laws
 of  2014,  subparagraph 3 of paragraph b as amended by section 3 of part
 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
   a. Definitions. The following terms, whenever used or referred  to  in
 this subdivision, unless the context indicates otherwise, shall have the
 following meanings:
   (1) "Bonds" shall mean general obligation bonds issued pursuant to the
 "smart  schools  bond act of 2014" in accordance with article VII of the
 New York state constitution and article five of the state finance law.
   [(2) "Smart schools review board" shall mean a body comprised  of  the
 chancellor  of  the  state  university  of New York, the director of the
 budget, and the commissioner, or their respective designees.
   (3)] (2)  "Smart  schools  investment  plan"  shall  mean  a  document
 prepared by a school district setting forth the smart schools project or
 projects to be undertaken with such district's smart schools allocation.
   [(4)]  (3) "Smart schools project" shall mean a capital project as set
 forth and defined in subparagraphs  FOUR,  five,  six[,]  OR  seven  [or
 eight] of this paragraph.
   [(5)]  (4)  "Pre-kindergarten  or  transportable  classroom unit (TCU)
 replacement project" shall mean a capital project which,  as  a  primary
 purpose,  expands  the availability of adequate and appropriate instruc-
 tional space for pre-kindergarten  or  provides  for  the  expansion  or
 S. 8306                            13                            A. 8806
 
 construction  of adequate and appropriate instructional space to replace
 TCUs.
   [(6)]  (5)  "Community  connectivity  project"  shall  mean  a capital
 project which, as a primary purpose,  expands  high-speed  broadband  or
 wireless  internet connectivity in the local community, including school
 buildings and campuses, for  enhanced  educational  opportunity  in  the
 state.
   [(7)]  (6) "Classroom technology project" shall mean a capital project
 to expand high-speed broadband or wireless internet connectivity  solely
 for  school  buildings  and  campuses, or to acquire learning technology
 hardware for schools, classrooms, and student  use,  including  but  not
 limited  to  whiteboards,  computer  servers,  desktop computers, laptop
 computers, and tablet computers.
   [(8)] (7) "School safety and security technology project" shall mean a
 capital project to install high-tech security features in school  build-
 ings and on school campuses, including but not limited to video surveil-
 lance,  emergency notification systems and physical access controls, for
 enhanced educational opportunity in the state.
   [(9)] (8) "Selected school aid" shall mean the sum of the amounts  set
 forth  as  "FOUNDATION  AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL
 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
 TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
 SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
 "ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID", and "SUPPLEMENTAL PUB EXCESS
 COST" under the heading "2013-14 BASE  YEAR  AIDS"  in  the  school  aid
 computer  listing  produced by the commissioner in support of the execu-
 tive budget proposal for the two thousand fourteen-fifteen school year.
   [(10)] (9) "Smart schools allocation"  shall  mean,  for  each  school
 district, the product of (i) two billion dollars ($2,000,000,000) multi-
 plied by (ii) the quotient of such school district's selected school aid
 divided by the total selected school aid to all school districts.
   b.  Smart  schools  investment  plans.  (1)  [The smart schools review
 board] SUBJECT TO THE APPROVAL  OF  THE  DIRECTOR  OF  THE  BUDGET,  THE
 COMMISSIONER  shall  issue  guidelines setting forth required components
 and eligibility criteria  for  smart  schools  investment  plans  to  be
 submitted  by school districts. Such guidelines shall include but not be
 limited to: (i) a timeline  for  school  district  submission  of  smart
 schools investment plans; (ii) any requirements for the use of available
 state procurement options where applicable; (iii) any limitations on the
 amount  of  a  district's  smart schools allocation that may be used for
 assets with a short probable life; and (iv) the loan  of  smart  schools
 classroom  technology  pursuant  to  section seven hundred fifty-five of
 this chapter.
   (2) No school district shall be entitled  to  a  smart  schools  grant
 until such district shall have submitted a smart schools investment plan
 to  the  [smart  schools  review  board]  DEPARTMENT  and received [such
 board's] THE COMMISSIONER'S approval of such investment plan. In  devel-
 oping such investment plan, school districts shall consult with parents,
 teachers, students, community members and other stakeholders.
   (3)  The  [smart  schools  review board] COMMISSIONER shall review all
 smart schools investment  plans  for  compliance  with  all  eligibility
 criteria  and other requirements set forth in the guidelines. The [smart
 schools review board] COMMISSIONER may approve or reject such plans,  or
 may return such plans to the school district for modifications; provided
 that  notwithstanding  any  inconsistent  provision  of  law, the [smart
 schools review board] COMMISSIONER shall  approve  no  such  plan  first
 S. 8306                            14                            A. 8806
 
 submitted  to  the  department on or after April fifteenth, two thousand
 seventeen, unless such plan calculates the amount of classroom technolo-
 gy to be loaned to students  attending  nonpublic  schools  pursuant  to
 section  seven  hundred  fifty-five  of  this  chapter  in a manner that
 includes the amount budgeted by the school district for  servers,  wire-
 less  access  points  and  other  portable  connectivity  devices  to be
 acquired as part of a school connectivity project.  Upon  approval,  the
 smart schools project or projects described in the investment plan shall
 be  eligible  for smart schools grants. A smart schools project included
 in a school district's smart schools investment plan shall  not  require
 separate  approval  of  the  commissioner  unless it is part of a school
 construction project required  to  be  submitted  for  approval  of  the
 commissioner  pursuant  to  section  four  hundred eight of this chapter
 and/or subdivision six of section thirty-six hundred two of  this  arti-
 cle. Any department, agency or public authority shall provide the [smart
 schools  review  board]  DEPARTMENT  with any information it requires to
 fulfill its duties pursuant to this subdivision.
   (4) Any amendments or supplements to a smart schools  investment  plan
 shall  be  submitted  to the [smart schools review board] DEPARTMENT for
 approval, and shall not take effect until such approval is granted.
   § 20. Section 34 of chapter 91 of the laws of 2002 amending the educa-
 tion law and other laws relating to reorganization of the New York  city
 school  construction authority, board of education and community boards,
 as amended by chapter 364 of the laws of 2022, is  amended  to  read  as
 follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one  through  twenty, twenty-four, and twenty-six through thirty of this
 act shall expire and be deemed repealed June 30, [2024]  2028  provided,
 further,  that notwithstanding any provision of article 5 of the general
 construction law, on June 30, [2024] 2028 the provisions of subdivisions
 3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
 b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
 2554 of the education law as repealed by  section  three  of  this  act,
 subdivision  1  of  section  2590-b  of the education law as repealed by
 section six of this act, paragraph  (a)  of  subdivision  2  of  section
 2590-b  of  the  education law as repealed by section seven of this act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as repealed by section twenty-six of this act, subdivision 1 of  section
 2590-e  of the education law as repealed by section twenty-seven of this
 act, subdivision 28 of section 2590-h of the education law  as  repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision  30-a  of  section  2590-h  of  the  education law as repealed by
 section thirty of this  act  shall  be  revived  and  be  read  as  such
 provisions  existed  in law on the date immediately preceding the effec-
 tive date of this act; provided, however, that sections seven and  eight
 of  this  act  shall  take effect on November 30, 2003; provided further
 that the amendments to subdivision 25 of section 2554 of  the  education
 law  made  by section two of this act shall be subject to the expiration
 and reversion of such subdivision pursuant to section 12 of chapter  147
 of  the  laws of 2001, as amended, when upon such date the provisions of
 section four of this act shall take effect.
   § 21. Subdivision 12 of section 17 of chapter 345 of the laws of  2009
 amending  the education law and other laws relating to the New York city
 board of education, chancellor, community councils and community  super-
 S. 8306                            15                            A. 8806
 
 intendents, as amended by chapter 364 of the laws of 2022, is amended to
 read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
 and be deemed repealed June 30, [2024] 2028.
   §  22.  Paragraph  a of subdivision 5 of section 3604 of the education
 law, as amended by chapter 161 of the laws of 2005, is amended  to  read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall  be  corrected by the commissioner. Whenever a school district has
 been apportioned less money than that  to  which  it  is  entitled,  the
 commissioner may allot to such district the balance to which it is enti-
 tled.  Whenever  a  school district has been apportioned more money than
 that to which it is entitled, the commissioner may, by an order,  direct
 such  moneys  to be paid back to the state to be credited to the general
 fund local assistance account for state  aid  to  the  schools,  or  may
 deduct  such  amount  from  the  next  apportionment  to be made to said
 district, provided, however, that, upon notification of excess  payments
 of  aid for which a recovery must be made by the state through deduction
 of future aid payments, a school district may request that  such  excess
 payments  be  recovered  by  deducting  such  excess  payments  from the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two succeeding school years, provided further that  there  shall  be  no
 interest  penalty  assessed  against  such  district or collected by the
 state. Such request shall be made to the commissioner in  such  form  as
 the  commissioner  shall  prescribe, and shall be based on documentation
 that the total amount to be recovered is in excess of one percent of the
 district's total general fund  expenditures  for  the  preceding  school
 year.  The  amount to be deducted in the first year shall be the greater
 of (i) the sum of the amount of such excess payments that is  recognized
 as  a liability due to other governments by the district for the preced-
 ing school year and the positive remainder of the district's  unreserved
 fund  balance at the close of the preceding school year less the product
 of the district's total general  fund  expenditures  for  the  preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments.  The amount to be recovered in the second year shall equal the
 lesser of the remaining amount of such excess payments to  be  recovered
 or  one-third  of such excess payments, and the remaining amount of such
 excess payments shall be recovered in the third year.  Provided  further
 that,  notwithstanding  any  other  provisions  of this subdivision, any
 pending payment of moneys due to such district as a prior  year  adjust-
 ment  payable pursuant to paragraph c of this subdivision for aid claims
 that had been previously paid as current year aid payments in excess  of
 the  amount  to which the district is entitled and for which recovery of
 excess payments is to be made  pursuant  to  this  paragraph,  shall  be
 reduced  at  the  time  of  actual  payment by any remaining unrecovered
 balance of such excess payments, and the remaining scheduled  deductions
 of  such  excess payments pursuant to this paragraph shall be reduced by
 the commissioner to reflect the amount so recovered.  [The  commissioner
 shall certify no payment to a school district based on a claim submitted
 later  than three years after the close of the school year in which such
 payment was first to be made.  For claims for which payment is first  to
 be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
 S. 8306                            16                            A. 8806

 the commissioner shall certify no payment to a school district based  on
 a  claim  submitted  later than two years after the close of such school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred  ninety-seven--ninety-eight school year and thereafter] PRIOR TO
 THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, the
 commissioner shall certify no payment to a school district  based  on  a
 claim submitted later than one year after the close of such school year.
 FOR  CLAIMS  FOR  WHICH  PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
 TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND  THEREAFTER,  THE
 COMMISSIONER  SHALL  CERTIFY  NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
 CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF  SUCH  SCHOOL  YEAR.
 Provided,  however,  no  payments  shall be barred or reduced where such
 payment is required as a result of a final audit of the  state.  [It  is
 further  provided  that,  until June thirtieth, nineteen hundred ninety-
 six, the commissioner may grant a waiver from  the  provisions  of  this
 section  for any school district if it is in the best educational inter-
 ests of the district pursuant to guidelines developed by the commission-
 er and approved by the director of the budget.] IT IS  FURTHER  PROVIDED
 THAT  FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED
 ONE, SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED
 FIFTY-THREE,  NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX
 HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX  HUNDRED  TWO-E  AND
 FORTY-FOUR  HUNDRED  FIVE  OF  THIS CHAPTER FOR THE TWO THOUSAND TWENTY-
 THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO  THOU-
 SAND TWENTY-FIVE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT
 TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE STATE FISCAL YEAR
 AND ENTITLED "BT242-5", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
 PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
 SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED FIFTY-THREE, NINETEEN HUNDRED
 FIFTY,   THIRTY-SIX HUNDRED TWO, THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX
 HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
 THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FIVE--TWO  THOUSAND  TWENTY-SIX
 SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
 A  SCHOOL  DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
 ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
 PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
 USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
 SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
 STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 23. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  18 of part A of chapter 56 of the laws of 2023, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand twenty-three--two thousand twenty-four
 school year, "moneys apportioned" shall mean the lesser of (i)  the  sum
 of  one  hundred  percent  of  the  respective amount set forth for each
 school district as payable pursuant to this section in  the  school  aid
 computer  listing  for  the current year produced by the commissioner in
 support of the budget which includes the appropriation for  the  general
 support  for  public schools for the prescribed payments and individual-
 ized payments due prior to April first for the  current  year  plus  the
 S. 8306                            17                            A. 8806
 
 apportionment  payable during the current school year pursuant to subdi-
 vision six-a and subdivision fifteen of section thirty-six  hundred  two
 of  this  part  minus  any  reductions  to current year aids pursuant to
 subdivision seven of section thirty-six hundred four of this part or any
 deduction  from  apportionment  payable  pursuant  to  this  chapter for
 collection of a school district basic contribution as defined in  subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
 vision four of section ninety-two-c of the state finance law,  less  any
 grants  provided  pursuant  to subdivision five of section ninety-seven-
 nnnn of the state finance law, less  any  grants  provided  pursuant  to
 subdivision twelve of section thirty-six hundred forty-one of this arti-
 cle,  or  (ii) the apportionment calculated by the commissioner based on
 data on file at the time the payment  is  processed;  provided  however,
 that  for  the  purposes  of  any payments made pursuant to this section
 prior to the first business day of June  of  the  current  year,  moneys
 apportioned  shall not include any aids payable pursuant to subdivisions
 six and fourteen, if applicable, of section thirty-six  hundred  two  of
 this  part  as  current  year  aid for debt service on bond anticipation
 notes and/or bonds first issued in the current year or any aids  payable
 for  full-day  kindergarten for the current year pursuant to subdivision
 nine of section thirty-six hundred two of this part. The definitions  of
 "base  year"  and  "current  year"  as  set  forth in subdivision one of
 section thirty-six hundred two of this part shall apply to this section.
 [For aid payable in the two thousand twenty-three--two thousand  twenty-
 four school year, reference to such "school aid computer listing for the
 current  year"  shall  mean  the  printouts entitled "SA232-4".] FOR AID
 PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF:  (I)
 THE  SUM  OF  ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR
 EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN  THE  SCHOOL
 AID  COMPUTER  LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER
 IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE  APPROPRI-
 ATION  FOR  THE  GENERAL  SUPPORT  FOR PUBLIC SCHOOLS FOR THE PRESCRIBED
 PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL  FIRST  FOR  THE
 CURRENT  YEAR  PLUS  THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL
 YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN  OF  SECTION  THIRTY-SIX
 HUNDRED  TWO  OF  THIS  PART  MINUS  ANY REDUCTIONS TO CURRENT YEAR AIDS
 PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
 PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS  CHAP-
 TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN
 SUBDIVISION  EIGHT  OF  SECTION  FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
 LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF  PARAGRAPH  B
 OF  SUBDIVISION  FOUR  OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,
 LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISIONS SIX OF  SECTION  NINE-
 TY-SEVEN-NNNN  OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU-
 ANT TO SUBDIVISION TWELVE OF SECTION  THIRTY-SIX  HUNDRED  FORTY-ONE  OF
 THIS  ARTICLE,  OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER
 BASED ON DATA ON FILE AT THE TIME THE  PAYMENT  IS  PROCESSED;  PROVIDED
 HOWEVER,  THAT  FOR  THE  PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS
 SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE  OF  THE  CURRENT  YEAR,
 MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
 VISIONS  SIX  AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED
 TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT  SERVICE  ON  BOND  ANTIC-
 IPATION  NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
 PAYABLE FOR FULL-DAY KINDERGARTEN  FOR  THE  CURRENT  YEAR  PURSUANT  TO
 S. 8306                            18                            A. 8806
 
 SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID
 PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR,  REFERENCE  TO  SUCH  "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
 YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT242-5".
   §  24.  Paragraph  b of subdivision 2 of section 3612 of the education
 law, as amended by section 22 of part YYY of chapter 59 of the  laws  of
 2019, is amended to read as follows:
   b. Such grants shall be awarded to school districts, within the limits
 of funds appropriated therefor, through a competitive process that takes
 into  consideration  the  magnitude  of  any shortage of teachers in the
 school district, the number of teachers employed in the school  district
 who hold temporary licenses to teach in the public schools of the state,
 the  number of provisionally certified teachers, the fiscal capacity and
 geographic sparsity of the district, the  number  of  new  teachers  the
 school district intends to hire in the coming school year and the number
 of summer in the city student internships proposed by an eligible school
 district,  if applicable. Grants provided pursuant to this section shall
 be used only for the purposes enumerated in this section.  Notwithstand-
 ing any other provision of law to the contrary, a city  school  district
 in a city having a population of one million or more inhabitants receiv-
 ing a grant pursuant to this section may use no more than eighty percent
 of  such  grant  funds  for any recruitment, retention and certification
 costs associated with transitional certification of  teacher  candidates
 for  the  school  years  two  thousand one--two thousand two through two
 thousand [twenty-three] TWENTY-EIGHT--two thousand  [twenty-four]  TWEN-
 TY-NINE.
   §  25.  Subdivision 6 of section 4402 of the education law, as amended
 by section 23 of part YYY of chapter 59 of the laws of 2019, is  amended
 to read as follows:
   6.  Notwithstanding any other law, rule or regulation to the contrary,
 the board of education of a city school district with  a  population  of
 one  hundred twenty-five thousand or more inhabitants shall be permitted
 to establish  maximum  class  sizes  for  special  classes  for  certain
 students  with  disabilities  in  accordance with the provisions of this
 subdivision. For the purpose of obtaining relief from any adverse fiscal
 impact from under-utilization of special education resources due to  low
 student  attendance  in  special  education  classes  at  the middle and
 secondary level as determined by the commissioner, such boards of educa-
 tion shall, during the school years nineteen hundred  ninety-five--nine-
 ty-six  through  June thirtieth, two thousand [twenty-four] TWENTY-NINE,
 be authorized to increase class  sizes  in  special  classes  containing
 students  with  disabilities whose age ranges are equivalent to those of
 students in middle and secondary schools as defined by the  commissioner
 for  purposes  of  this  section  by up to but not to exceed one and two
 tenths times the applicable maximum class size specified in  regulations
 of  the  commissioner  rounded  up to the nearest whole number, provided
 that in a city school district having a population  of  one  million  or
 more, classes that have a maximum class size of fifteen may be increased
 by  no  more  than  one  student and provided that the projected average
 class size shall not exceed the  maximum  specified  in  the  applicable
 regulation,  provided  that  such  authorization shall terminate on June
 thirtieth, two thousand. Such authorization shall be granted upon filing
 of a notice by such a board of education with the  commissioner  stating
 the  board's  intention to increase such class sizes and a certification
 that the board will conduct  a  study  of  attendance  problems  at  the
 secondary  level and will implement a corrective action plan to increase
 S. 8306                            19                            A. 8806
 
 the rate of attendance of students in such classes to at least the  rate
 for students attending regular education classes in secondary schools of
 the  district.  Such  corrective  action  plan  shall  be  submitted for
 approval  by  the commissioner by a date during the school year in which
 such board increases class sizes as provided pursuant to  this  subdivi-
 sion  to  be  prescribed  by the commissioner. Upon at least thirty days
 notice to the board of education, after conclusion of the school year in
 which such board increases class sizes  as  provided  pursuant  to  this
 subdivision,  the  commissioner  shall  be  authorized to terminate such
 authorization upon a finding that the board has  failed  to  develop  or
 implement an approved corrective action plan.
   §  26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and other laws relating to state aid
 to school districts and the appropriation of funds for  the  support  of
 government,  as  amended  by section 38 of part YYY of chapter 59 of the
 laws of 2019, are amended to read as follows:
   (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
 fourteen,  one hundred fifteen and one hundred sixteen of this act shall
 take effect on July 1, 1995; provided, however, that section one hundred
 thirteen of this act shall remain in full force and effect until July 1,
 [2024] 2029 at which time it shall be deemed repealed;
   (24) sections one hundred eighteen through one hundred thirty of  this
 act  shall  be deemed to have been in full force and effect on and after
 July 1, 1995; provided further, however, that the amendments made pursu-
 ant to section one hundred twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2024] 2029;
   § 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
 relating  to funding a program for work force education conducted by the
 consortium for worker education in New York city, as amended by  section
 20  of  part  A of chapter 56 of the laws of 2023, is amended to read as
 follows:
   b. Reimbursement for programs approved in accordance with  subdivision
 a  of  this section for the reimbursement for the 2018--2019 school year
 shall not exceed 59.4 percent of the lesser of such approvable costs per
 contact hour or fourteen dollars and ninety-five cents per contact hour,
 reimbursement for the 2019--2020  school  year  shall  not  exceed  57.7
 percent  of  the  lesser  of  such  approvable costs per contact hour or
 fifteen dollars sixty cents per  contact  hour,  reimbursement  for  the
 2020--2021  school  year  shall not exceed 56.9 percent of the lesser of
 such approvable costs per contact hour or sixteen  dollars  and  twenty-
 five  cents  per  contact  hour, reimbursement for the 2021--2022 school
 year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
 costs  per  contact  hour or sixteen dollars and forty cents per contact
 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 sixteen  dollars  and  sixty cents per contact hour, [and] reimbursement
 for the 2023--2024 school year shall not  exceed  54.7  percent  of  the
 lesser  of  such  approvable costs per contact hour or seventeen dollars
 and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025
 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
 BLE COSTS PER CONTACT HOUR OR NINETEEN DOLLARS AND TEN CENTS PER CONTACT
 HOUR, and where a contact hour represents sixty minutes  of  instruction
 services  provided  to  an  eligible  adult.   Notwithstanding any other
 provision of law to the contrary, for the 2018--2019  school  year  such
 contact  hours  shall  not  exceed  one million four hundred sixty-three
 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
 S. 8306                            20                            A. 8806
 
 year such contact hours  shall  not  exceed  one  million  four  hundred
 forty-four   thousand  four  hundred  forty-four  (1,444,444);  for  the
 2020--2021 school year such contact hours shall not exceed  one  million
 four  hundred  six thousand nine hundred twenty-six (1,406,926); for the
 2021--2022 school year such contact hours shall not exceed  one  million
 four  hundred  sixteen  thousand one hundred twenty-two (1,416,122); for
 the 2022--2023 school year such  contact  hours  shall  not  exceed  one
 million  four  hundred six thousand nine hundred twenty-six (1,406,926);
 [and] for the 2023--2024 school year such contact hours shall not exceed
 one million three hundred forty-two thousand nine  hundred  seventy-five
 (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
 NOT  EXCEED  ONE  MILLION SIXTY-THREE THOUSAND EIGHT HUNDRED TWENTY-NINE
 (1,063,829). Notwithstanding any other provision of law to the contrary,
 the apportionment calculated for the city school district of the city of
 New York pursuant to subdivision 11 of section 3602 of the education law
 shall be computed as if such contact hours provided  by  the  consortium
 for  worker education, not to exceed the contact hours set forth herein,
 were eligible for aid in accordance with the provisions of such subdivi-
 sion 11 of section 3602 of the education law.
   § 28. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, is amended by adding a  new  subdivi-
 sion cc to read as follows:
   CC.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR.  NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
 ($11,500,000).
   § 29. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, as amended by section 22 of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed June 30, [2024] 2025.
   §  30. Paragraph (d) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (d)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR,  FOR  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 S. 8306                            21                            A. 8806
 
 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY  THIRTY-FIVE  MILLION
 DOLLARS  ($35,000,000)  UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT  FROM  THE  ELEMENTARY
 AND  SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L.  117-2).
   § 31. Paragraph (c) of subdivision 1 of section 2856 of the  education
 law,  as  amended by section 36-d of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   (c) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand seventeen school  years  and
 thereafter.  Provided  that  for  expenses  incurred in the two thousand
 twenty--two thousand twenty-one school year, for a city school  district
 in  a city having a population of one million or more, the annual appor-
 tionment shall be reduced by thirty-five million  dollars  ($35,000,000)
 upon  certification by the director of the budget of the availability of
 a grant in the same amount from  the  elementary  and  secondary  school
 emergency  relief funds provided through the American rescue plan act of
 2021 (P.L. 117-2).  PROVIDED FURTHER THAT FOR EXPENSES INCURRED  IN  THE
 TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE,  THE  ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
 DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF  THE  BUDGET
 OF  THE  AVAILABILITY  OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
 AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE  AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
   §  32. Subdivision 3 of section 27 of part A of chapter 56 of the laws
 of 2023 directing the education department to  conduct  a  comprehensive
 study  of  alternative  tuition  rate-setting methodologies for approved
 providers operating school-age and preschool  programs  receiving  state
 funding, is amended to read as follows:
   3.  The  state  education department shall present its recommendations
 and analysis to the governor, the director of the division of the  budg-
 et,  the temporary president of the senate, the speaker of the assembly,
 the chairperson of the senate finance committee, and the chairperson  of
 the assembly ways and means committee no later than July 1, [2025] 2027.
 Adoption  of any alternative rate-setting methodologies shall be subject
 to the approval of the director of the division of the budget.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating to certain provisions related to the 1994-95 state  operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 23 of part A of chapter 56 of the laws of 2022, is amended to
 read as follows:
   1.  Sections  one  through seventy of this act shall be deemed to have
 been in full force and effect as of April  1,  1994  provided,  however,
 that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
 through seventy of this act shall expire and be deemed repealed on March
 31, 2000; provided, however, that section twenty of this act shall apply
 only to hearings commenced prior to  September  1,  1994,  and  provided
 further  that  section twenty-six of this act shall expire and be deemed
 repealed on March 31, 1997; and  provided  further  that  sections  four
 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
 twenty-one-a  of  this  act shall expire and be deemed repealed on March
 31, 1997; and provided further that sections three, fifteen,  seventeen,
 S. 8306                            22                            A. 8806
 
 twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
 deemed repealed on March 31, [2024] 2029.
   §  34.  Section 26 of subpart F of part C of chapter 97 of the laws of
 2011 amending the education law relating to census reporting, as amended
 by section 46 of part YYY of chapter 59 of the laws of 2019, is  amended
 to read as follows:
   §  26.  This act shall take effect immediately provided, however, that
 the provisions of section three of this act shall expire June 30, [2024]
 2029 when upon such date the provisions of such section shall be  deemed
 repealed; provided, further that the provisions of sections eight, elev-
 en,  twelve,  thirteen  and twenty of this act shall expire July 1, 2014
 when upon such date the provisions of  such  sections  shall  be  deemed
 repealed.
   §  35.  Special  apportionment for salary expenses. 1. Notwithstanding
 any other provision of law, upon  application  to  the  commissioner  of
 education,  not  sooner  than  the first day of the second full business
 week of June 2025 and not later than the last  day  of  the  third  full
 business week of June 2025, a school district eligible for an apportion-
 ment  pursuant to section 3602 of the education law shall be eligible to
 receive an apportionment pursuant to this section, for the  school  year
 ending  June  30, 2025, for salary expenses incurred between April 1 and
 June 30, 2024 and such apportionment shall not exceed the sum of (a) the
 deficit reduction assessment of 1990--1991 as determined by the  commis-
 sioner of education, pursuant to paragraph f of subdivision 1 of section
 3602  of the education law, as in effect through June 30, 1993, plus (b)
 186 percent of such amount for a city school district in a city  with  a
 population  in  excess of 1,000,000 inhabitants, plus (c) 209 percent of
 such amount for a city school district in a city with  a  population  of
 more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
 ing to the latest federal census,  plus  (d)  the  net  gap  elimination
 adjustment  for  2010--2011, as determined by the commissioner of educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
 nation adjustment for 2011--2012 as determined by  the  commissioner  of
 education  pursuant  to  subdivision 17 of section 3602 of the education
 law, and provided further that such apportionment shall not exceed  such
 salary  expenses.  Such  application shall be made by a school district,
 after the board of education or trustees have adopted a resolution to do
 so and in the case of a city school district in a city with a population
 in excess of 125,000 inhabitants, with the approval of the mayor of such
 city.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one of this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application  was  made as funds provided pursuant to subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
 S. 8306                            23                            A. 8806
 
   3. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 36. Special apportionment for public pension accruals. 1.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2025, a school district eligi-
 ble for an apportionment pursuant to section 3602 of the  education  law
 shall  be eligible to receive an apportionment pursuant to this section,
 for the school year ending June 30, 2025 and  such  apportionment  shall
 not  exceed  the  additional  accruals  required  to  be  made by school
 districts in the 2004--2005 and 2005--2006 school years associated  with
 changes  for  such  public pension liabilities. The amount of such addi-
 tional accrual shall be certified to the commissioner  of  education  by
 the  president of the board of education or the trustees or, in the case
 of a city school district in a city  with  a  population  in  excess  of
 125,000  inhabitants,  the mayor of such city. Such application shall be
 made by a school district, after the board of education or trustees have
 adopted a resolution to do so and in the case of a city school  district
 in  a  city with a population in excess of 125,000 inhabitants, with the
 approval of the mayor of such city.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one of this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application  was  made as funds provided pursuant to subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   3. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 S. 8306                            24                            A. 8806
 
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 37. The amounts specified in this section shall be a set-aside  from
 the  state  funds  which  each such district is receiving from the total
 foundation aid:
   1. for the development, maintenance or expansion of magnet schools  or
 magnet  school  programs  for  the  2024--2025 school year. For the city
 school district of the city of New York there shall be  a  set-aside  of
 foundation  aid  equal  to  forty-eight million one hundred seventy-five
 thousand dollars ($48,175,000) including five hundred  thousand  dollars
 ($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
 school  district,  twenty-one  million  twenty-five   thousand   dollars
 ($21,025,000);  for  the Rochester city school district, fifteen million
 dollars ($15,000,000); for the Syracuse city school  district,  thirteen
 million  dollars  ($13,000,000);  for  the Yonkers city school district,
 forty-nine million five hundred thousand dollars ($49,500,000); for  the
 Newburgh city school district, four million six hundred forty-five thou-
 sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for the New Rochelle city school district, one million four hundred  ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one  million  eight  hundred thousand dollars ($1,800,000); for the Port
 Chester city school district, one million  one  hundred  fifty  thousand
 dollars  ($1,150,000);  for  the White Plains city school district, nine
 hundred thousand dollars ($900,000); for the Niagara Falls  city  school
 district,  six  hundred thousand dollars ($600,000); for the Albany city
 school district, three  million  five  hundred  fifty  thousand  dollars
 ($3,550,000);  for  the  Utica city school district, two million dollars
 ($2,000,000); for the Beacon city school district, five  hundred  sixty-
 six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
 district, four hundred thousand dollars  ($400,000);  for  the  Freeport
 union  free  school  district, four hundred thousand dollars ($400,000);
 for the Greenburgh  central  school  district,  three  hundred  thousand
 dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
 hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
 district,  two  hundred  thousand dollars ($200,000); and for the Hudson
 city school district, four hundred thousand dollars ($400,000).
   2. Notwithstanding any inconsistent provision of law to the  contrary,
 a  school  district  setting  aside such foundation aid pursuant to this
 section may use such set-aside  funds  for:  (a)  any  instructional  or
 instructional  support  costs  associated with the operation of a magnet
 school; or (b) any instructional or instructional support costs  associ-
 ated with implementation of an alternative approach to promote diversity
 and/or enhancement of the instructional program and raising of standards
 in  elementary and secondary schools of school districts having substan-
 tial concentrations of minority students.
   3. The commissioner of education shall not be authorized  to  withhold
 foundation aid from a school district that used such funds in accordance
 with  this  paragraph,  notwithstanding any inconsistency with a request
 for proposals issued by such commissioner for the purpose of  attendance
 S. 8306                            25                            A. 8806
 
 improvement  and  dropout prevention for the 2024--2025 school year, and
 for any city school district in a city having a population of more  than
 one  million,  the  set-aside  for  attendance  improvement  and dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2024--2025 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   4.  For the purpose of teacher support for the 2024--2025 school year:
 for the city school district of the city of New York, sixty-two  million
 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
 school  district,  one  million seven hundred forty-one thousand dollars
 ($1,741,000); for the Rochester city school district, one million seven-
 ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
 district,   one   million   one  hundred  forty-seven  thousand  dollars
 ($1,147,000); and for the Syracuse city school district,  eight  hundred
 nine  thousand  dollars ($809,000). All funds made available to a school
 district pursuant to this section shall be  distributed  among  teachers
 including  prekindergarten teachers and teachers of adult vocational and
 academic subjects in accordance with this section and shall be in  addi-
 tion  to  salaries heretofore or hereafter negotiated or made available;
 provided, however, that all funds distributed pursuant to  this  section
 for  the  current year shall be deemed to incorporate all funds distrib-
 uted pursuant to former subdivision 27 of section 3602 of the  education
 law  for prior years. In school districts where the teachers are repres-
 ented by certified or  recognized  employee  organizations,  all  salary
 increases  funded  pursuant to this section shall be determined by sepa-
 rate collective negotiations conducted pursuant to  the  provisions  and
 procedures  of  article 14 of the civil service law, notwithstanding the
 existence of a negotiated agreement between  a  school  district  and  a
 certified or recognized employee organization.
   §  38.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2024  enacting
 the  aid  to  localities  budget shall be apportioned for the 2024--2025
 state fiscal year in accordance with the  provisions  of  sections  271,
 272,  273,  282,  284,  and  285  of the education law as amended by the
 provisions of such chapter and the provisions of this section,  provided
 that library construction aid pursuant to section 273-a of the education
 law  shall  not  be  payable  from the appropriations for the support of
 public libraries and provided further that no library, library system or
 program, as defined by the commissioner of education, shall receive less
 total system or program aid than it received  for  the  year  2001--2002
 except as a result of a reduction adjustment necessary to conform to the
 appropriations for support of public libraries.
   Notwithstanding  any other provision of law to the contrary the moneys
 appropriated for the support of public libraries for the year 2024--2025
 by a chapter of the laws of 2024 enacting the aid to  localities  budget
 shall  fulfill  the state's obligation to provide such aid and, pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant to such appropriations  shall  be  reduced  proportionately  to
 assure  that  the  total amount of aid payable does not exceed the total
 appropriations for such purpose.
 S. 8306                            26                            A. 8806
 
   § 39. Severability. The provisions of this act shall be severable, and
 if the application of  any  clause,  sentence,  paragraph,  subdivision,
 section  or  part  of  this  act  to any person or circumstance shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of  this  act  or  remainder  thereof,  as the case may be, to any other
 person or circumstance, but shall be confined in its  operation  to  the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered.
   §  40.  This act shall take effect immediately, and shall be deemed to
 have been in full force and effect on and after April 1, 2024, provided,
 however, that:
   1. sections one, two, three, four,  five,  six,  eight,  ten,  twelve,
 thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three,
 twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall
 take effect July 1, 2024;
   2. section seven of this act shall take effect July 1, 2025;
   3.  the  amendments  to  chapter  756 of the laws of 1992, relating to
 funding a program for work force education conducted by a consortium for
 worker education in New York City  made  by  sections  twenty-seven  and
 twenty-eight of this act shall not affect the repeal of such chapter and
 shall be deemed repealed therewith; and
   4. the amendments to paragraph (d) of subdivision 1 of section 2856 of
 the education law made by section thirty of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to subdivision
 d  of  section  27  of chapter 378 of the laws of 2007, as amended, when
 upon such date the provisions of section thirty-one of  this  act  shall
 take effect.
 
                                  PART B
 
   Section 1. The education law is amended by adding a new section 818 to
 read as follows:
   § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1.
 (A)  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER
 SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR
 THE TEACHING OF READING TO STUDENTS  IN  PREKINDERGARTEN  THROUGH  GRADE
 THREE.    INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL
 BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON  READING  COMPE-
 TENCY  IN  THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP-
 MENT, READING FLUENCY, COMPREHENSION,  INCLUDING  BACKGROUND  KNOWLEDGE,
 ORAL  LANGUAGE  AND  WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE
 CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK.   SUCH  INSTRUCTIONAL
 BEST  PRACTICES  SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE
 APPROPRIATE.
   (B) ALL SCHOOL DISTRICTS IN THE  STATE  SHALL  ANNUALLY  REVIEW  THEIR
 CURRICULUM  AND  INSTRUCTIONAL  PRACTICES  IN THE SUBJECT OF READING FOR
 STUDENTS IN PREKINDERGARTEN THROUGH GRADE  THREE  TO  ENSURE  THAT  THEY
 ALIGN  WITH  THE  READING  INSTRUCTIONAL  BEST  PRACTICES  ISSUED BY THE
 COMMISSIONER, AND THAT ALL EARLY  READING  INSTRUCTIONAL  PRACTICES  AND
 INTERVENTIONS  ARE  PART  OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT
 READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
 S. 8306                            27                            A. 8806

   (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME-
 WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC,
 AND  CULTURAL  IDENTITIES;  ENGAGES  STUDENTS  WITH RIGOROUS, SUPPORTIVE
 INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER-
 ENCE;  ELEVATES  HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS
 AS AGENTS OF SOCIAL CHANGE.
   (B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN  INTERDISCIPLI-
 NARY  BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND
 COMPETENCIES DEVELOP FROM PREKINDERGARTEN  THROUGH  SECONDARY  EDUCATION
 AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY.
   (C)  "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND
 MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
   (D) "COMPREHENSION" MEANS A FUNCTION OF WORD  RECOGNITION  SKILLS  AND
 LANGUAGE  COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK-
 GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS
 IN FRONT OF THEM. IT ALSO INCLUDES  THE  ACTIVE  PROCESS  THAT  REQUIRES
 INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER-
 ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT
 EXPLICITLY  BY  DEMONSTRATING,  EXPLAINING,  MODELING  AND  IMPLEMENTING
 SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS  DERIVE  MEANING
 THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES.
   (E)  "READING  FLUENCY"  MEANS THE ABILITY TO READ WORDS, PHRASES, AND
 SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
   (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW  WORDS
 AND  INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING,
 SPEAKING, READING, AND WRITING, WHICH  IS  DIRECTLY  RELATED  TO  SCHOOL
 ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS.
   3.  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR
 BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS  IN
 THE  STATE  SHALL  CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND
 INSTRUCTIONAL STRATEGIES AND TEACHER  PROFESSIONAL  DEVELOPMENT  IN  THE
 SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL
 OF  THE  ELEMENTS  OF  THE  INSTRUCTIONAL  BEST  PRACTICES ISSUED BY THE
 COMMISSIONER PURSUANT TO THIS SECTION.
   4. COMPLIANCE WITH THIS SECTION SHALL BE  SUBJECT  TO  REVIEW  BY  THE
 COMMISSIONER  PURSUANT TO SECTION THREE HUNDRED TEN OF THIS TITLE AND BY
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 61 to read as follows:
   61. A. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL REQUIRE EACH SCHOOL DISTRICT TO OBTAIN DOCUMENTATION
 REFLECTING ONE OF THE FOLLOWING FROM THE  PARENT  OR  GUARDIAN  OF  EACH
 STUDENT  OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY
 EMANCIPATED, SUCH STUDENT, DURING THE SCHOOL YEAR IN WHICH  THE  STUDENT
 IS  A  SENIOR  ENROLLED  IN  SUCH  SCHOOL DISTRICT: (1) CERTIFICATION OF
 COMPLETION AND SUBMISSION OF EITHER THE  FREE  APPLICATION  FOR  FEDERAL
 STUDENT AID (FAFSA) FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA
 NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM
 PROMULGATED  BY  THE  DEPARTMENT,  TO BE FILED WITH THE STUDENT'S SCHOOL
 DISTRICT INDICATING THAT THE PARENT OR GUARDIAN OR, IF  THE  STUDENT  IS
 EIGHTEEN  YEARS  OF  AGE  OR  OLDER OR LEGALLY EMANCIPATED, THE STUDENT,
 UNDERSTANDS WHAT THE FAFSA IS AND HAS CHOSEN NOT TO FILE AN  APPLICATION
 S. 8306                            28                            A. 8806
 
 PURSUANT  TO  THE  PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH. FOR
 PURPOSES OF SUBPARAGRAPH ONE OF THIS  PARAGRAPH,  THE  REQUIRED  CERTIF-
 ICATION  SHALL  NOT DESIGNATE WHICH TYPE OF APPLICATION WAS SUBMITTED BY
 THE PARENT, GUARDIAN, OR STUDENT.
   B.  ON  AND  AFTER  JULY  FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
 DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA  FOR
 ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL:
 (1)  THE TOTAL NUMBER OF STUDENTS CERTIFIED TO HAVE SUBMITTED EITHER THE
 FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) OR, IF APPLICABLE,  THE
 JOSE  PERALTA  NEW  YORK  STATE DREAM ACT APPLICATION; (2) THE NUMBER OF
 STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED.
   C. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
 TO  IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT
 TO GIVE NOTICE, NO LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR, WITH AN
 EXPLANATION TO EACH HIGH SCHOOL SENIOR OF THE  STATE-SPONSORED  SCHOLAR-
 SHIPS,  FINANCIAL  AID  AND  ASSISTANCE  AVAILABLE TO STUDENTS ATTENDING
 COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE ACCESS AND/OR REFER-
 RALS TO SUPPORT OR ASSISTANCE NECESSARY FOR COMPLETION OF THE FAFSA.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.
 
                                  PART D
 
   Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
 section 6401 of the education law, as amended by chapter 717 of the laws
 of 1981, is amended to read as follows:
   Notwithstanding  the  provisions of any other law, in order to qualify
 for state aid apportionments pursuant to this section,  any  institution
 of  higher  education  must  meet  either  the requirements set forth in
 subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter-
 native, the requirements set forth in paragraph (b) of this subdivision:
   § 2. Paragraph (a) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  INSTITUTION  MUST  HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN
 SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED  ON  THE  MOST
 RECENT  ACADEMIC  YEAR  DATA  COLLECTED  IN THE INTEGRATED POSTSECONDARY
 EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE  HIGHER  EDUCA-
 TION  ACT  OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE DEPARTMENT OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 3. Paragraph (b) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS
 THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000),  BASED  ON  THE
 MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY
 EDUCATION  DATA  SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA-
 TION ACT OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE  DEPARTMENT  OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 4. Subdivision 3 of section 6401 of the education law, as amended by
 chapter 361 of the laws of 2014, is amended to read as follows:
   3.  Degree  awards.  The  amount  of such annual apportionment to each
 institution meeting the requirements of subdivision two of this  section
 shall  be  computed  by multiplying by not to exceed six hundred dollars
 S. 8306                            29                            A. 8806
 
 the number of earned associate degrees, by not to  exceed  one  thousand
 five  hundred dollars the number of earned bachelor's degrees, by not to
 exceed nine hundred fifty dollars the number of earned master's degrees,
 and by not to exceed four thousand five hundred fifty dollars the number
 of  earned  doctorate  degrees, conferred by such institution during the
 twelve-month period next preceding the  annual  period  for  which  such
 apportionment  is  made,  provided that there shall be excluded from any
 such computation the number of degrees earned by students  with  respect
 to whom state aid other than that established by this section or section
 sixty-four  hundred  one-a  of  this  article is granted directly to the
 institution, and provided further that, except as otherwise provided  in
 this  subdivision,  the amount apportioned for an associate degree shall
 be awarded only to two year institutions  qualifying  under  subdivision
 two  of  this  section.  The regents shall promulgate rules defining and
 classifying professional degrees  for  the  purposes  of  this  section.
 Institutions  qualifying  for  state  aid  pursuant to the provisions of
 paragraph (b) of subdivision two of this section shall, for purposes  of
 this subdivision, be deemed to be the institutions which confer degrees.
 For  purposes  of  this  subdivision,  a  two-year institution which has
 received authority to confer  bachelor  degrees  shall  continue  to  be
 considered  a  two-year  institution  until such time as it has actually
 begun to confer the bachelor's degree. Thereafter,  notwithstanding  any
 other provision of law to the contrary, an institution which was former-
 ly a two-year institution for the purposes of this section and which was
 granted  authority  by  the regents to confer bachelor degrees, (a) such
 authority having been granted after the  first  day  of  June,  nineteen
 hundred ninety-three, but before the first day of July, nineteen hundred
 ninety-three, (b) such authority having been granted after the first day
 of  May,  two thousand five, but before the first day of June, two thou-
 sand five, (c) such authority having been granted after the first day of
 April, two thousand nine, but before the first day of May, two  thousand
 nine,  or  (d) such authority having been granted after the first day of
 December, two thousand nine, but before the first day  of  January,  two
 thousand ten, may elect to continue to receive awards for earned associ-
 ate  degrees. Should such institution so elect, it shall not be eligible
 during the time of such election to receive awards for earned bachelor's
 degrees. NOTWITHSTANDING THE PRECEDING PROVISIONS OF  THIS  SUBDIVISION,
 IN  THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO ALL
 INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION
 WOULD OTHERWISE EXCEED THE TOTAL AMOUNT  APPROPRIATED  FOR  UNRESTRICTED
 AID  TO  INDEPENDENT COLLEGES AND UNIVERSITIES, THE ANNUAL APPORTIONMENT
 TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY.
   § 5. This act shall take effect July 1, 2024.
 
                                  PART E
 
   Section 1. Paragraph d of subdivision 7 of section 2-d of  the  educa-
 tion law, as added by section 1 of subpart L of part AA of chapter 56 of
 the laws of 2014, is amended to read as follows:
   d.  Nothing  in  this  section  shall  limit the administrative use of
 student data or teacher or principal data by a person acting exclusively
 in the person's capacity as an employee of an educational agency  or  of
 the state or any of its political subdivisions, any court or the federal
 government  that  is  otherwise required by law. NOTHING IN THIS SECTION
 SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK  STATE  HIGHER
 EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE
 S. 8306                            30                            A. 8806
 
 CITY  UNIVERSITY  OF  NEW  YORK FOR EDUCATIONAL PURPOSES PURSUANT TO THE
 PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT,  20  U.S.C.
 SECTION 1232G.
   §  2.  Section  655  of  the  education law is amended by adding a new
 subdivision 9-a to read as follows:
   9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND
 DATA AS THE PRESIDENT DEEMS NECESSARY  FOR  PURPOSES  OF  FINANCIAL  AID
 PROGRAM EVALUATION.
   § 3. This act shall take effect immediately.
 
                                  PART F
 
   Section  1. Section 16 of chapter 260 of the laws of 2011 amending the
 education law and the New York state urban development  corporation  act
 relating  to establishing components of the NY-SUNY 2020 challenge grant
 program, as amended by section 4 of part DD of chapter 56 of the laws of
 2021, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided [that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen  of  this  act  shall expire 13 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and provided further] that sections fourteen and  fifteen  of  this  act
 shall expire 5 years after such effective date when upon such date [the]
 SUCH provisions [of this act] shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
 amending the social services law relating to restructuring financing for
 residential school placements, as amended by section  1  of  part  V  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  3.  This act shall take effect immediately [and shall expire and be
 deemed repealed April 1, 2024]; provided however that the amendments  to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART H
 
   Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
 section  131-o  of  the  social services law, as amended by section 1 of
 part Z of chapter 56 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$175.00] $181.00 for each month beginning on or after
 January first, two thousand [twenty-three] TWENTY-FOUR.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$202.00] $208.00 for each month beginning on
 or after January first, two thousand [twenty-three] TWENTY-FOUR.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$241.00] $249.00 for each month
 beginning on or after January first, two thousand  [twenty-three]  TWEN-
 TY-FOUR.
 S. 8306                            31                            A. 8806
 
   (d)  for  the  period  commencing January first, two thousand [twenty-
 four] TWENTY-FIVE, the monthly personal  needs  allowance  shall  be  an
 amount  equal  to  the sum of the amounts set forth in subparagraphs one
 and two of this paragraph:
   (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
 subdivision; and
   (2) the amount in subparagraph one of this  paragraph,  multiplied  by
 the  percentage  of  any  federal  supplemental  security income cost of
 living adjustment which becomes effective on or after January first, two
 thousand [twenty-four] TWENTY-FIVE, but prior  to  June  thirtieth,  two
 thousand [twenty-four] TWENTY-FIVE, rounded to the nearest whole dollar.
   §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
 section 209 of the social services law, as amended by section 2 of  part
 Z of chapter 56 of the laws of 2023, are amended to read as follows:
   (a)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  alone,  [$1,001.00]  $1,030.00;
 and for an eligible couple living alone, [$1,475.00] $1,519.00.
   (b)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  with  others  with  or  without
 in-kind  income,  [$937.00]  $966.00;  and for an eligible couple living
 with others with or without in-kind income, [$1,417.00] $1,461.00.
   (c) On and after January first, two  thousand  [twenty-three]  TWENTY-
 FOUR,  (i) for an eligible individual receiving family care, [$1,180.48]
 $1,209.48 if he or she is receiving such care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
 eligible  couple  receiving  family  care in the city of New York or the
 county of Nassau, Suffolk, Westchester or Rockland, two times the amount
 set forth in subparagraph (i) of this paragraph; or (iii) for an  eligi-
 ble  individual  receiving  such  care in any other county in the state,
 [$1,142.48] $1,171.48; and (iv) for an eligible  couple  receiving  such
 care in any other county in the state, two times the amount set forth in
 subparagraph (iii) of this paragraph.
   (d)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR,  (i)  for  an  eligible  individual  receiving  residential  care,
 [$1,349.00] $1,378.00 if he or she is receiving such care in the city of
 New  York or the county of Nassau, Suffolk, Westchester or Rockland; and
 (ii) for an eligible couple receiving residential care in  the  city  of
 New  York or the county of Nassau, Suffolk, Westchester or Rockland, two
 times the amount set forth in subparagraph (i)  of  this  paragraph;  or
 (iii) for an eligible individual receiving such care in any other county
 in  the  state,  [$1,319.00]  $1,348.00; and (iv) for an eligible couple
 receiving such care in any other county in  the  state,  two  times  the
 amount set forth in subparagraph (iii) of this paragraph.
   (e)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, (i) for an  eligible  individual  receiving  enhanced  residential
 care,  [$1,608.00]  $1,637.00; and (ii) for an eligible couple receiving
 enhanced residential care, two times the amount set  forth  in  subpara-
 graph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision  shall  be  increased to reflect any increases in federal supple-
 mental security income benefits for individuals or couples which  become
 effective  on or after January first, two thousand [twenty-four] TWENTY-
 FIVE  but  prior  to  June   thirtieth,   two   thousand   [twenty-four]
 TWENTY-FIVE.
   § 3. This act shall take effect December 31, 2024.
 S. 8306                            32                            A. 8806
 
                                  PART I
 
   Section  1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi-
 sion 1 of section 413 of the family court act, as amended by chapter 567
 of the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income from[,] such other resources as may be available to  the  parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are  provided  as part of compensation for employment to the extent that
 such perquisites constitute expenditures  for  personal  use,  or  which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C)  fringe  benefits provided as part of compensation for employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF  THE  PARENT,  TO
 THE  EXTENT  KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
 DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS,  EDUCATIONAL  ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS,  RECORD  OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
 EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL  IN  THE
 LOCAL  COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
 NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED  BY  THE  CHILD  SUPPORT
 ORDER.  ATTRIBUTION  OR  IMPUTATION  OF  INCOME  SHALL BE ACCOMPANIED BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
 ANT TO THIS CLAUSE;
   § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b
 of section 240 of the domestic relations law, as added by chapter 567 of
 the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income from[,] such other resources as may be available to  the  parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are  provided  as part of compensation for employment to the extent that
 such perquisites constitute expenditures  for  personal  use,  or  which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C)  fringe  benefits provided as part of compensation for employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF  THE  PARENT,  TO
 THE  EXTENT  KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
 DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS,  EDUCATIONAL  ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS,  RECORD  OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
 EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL  IN  THE
 LOCAL  COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
 NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED  BY  THE  CHILD  SUPPORT
 ORDER.  ATTRIBUTION  OR  IMPUTATION  OF  INCOME  SHALL BE ACCOMPANIED BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 S. 8306                            33                            A. 8806

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

                                  PART M
 
   Section 1. Section 2 of chapter 25 of the laws of  2020,  relating  to
 providing  requirements  for  sick  leave  and  the provision of certain
 employee benefits when such  employee  is  subject  to  a  mandatory  or
 precautionary  order  of  quarantine  or  isolation  due to COVID-19, is
 amended to read as follows:
   § 2. This act shall take effect immediately AND SHALL  EXPIRE  AND  BE
 DEEMED REPEALED JULY 31, 2024.
   § 2. This act shall take effect immediately.
 
                                  PART N
 
   Section  1.  Notwithstanding  any  other provision of law, the housing
 trust fund corporation may provide, for  purposes  of  the  neighborhood
 preservation  program,  a  sum  not to exceed $12,830,000 for the fiscal
 year ending March 31, 2025.  Notwithstanding any other provision of law,
 and subject to the approval of the New York state director of the  budg-
 et,  the  board  of  directors  of the state of New York mortgage agency
 shall authorize the transfer to the housing trust fund corporation,  for
 S. 8306                            38                            A. 8806
 
 the purposes of reimbursing any costs associated with neighborhood pres-
 ervation  program  contracts authorized by this section, a total sum not
 to exceed $12,830,000, such transfer to be made  from  (i)  the  special
 account  of  the  mortgage  insurance  fund  created pursuant to section
 2429-b of the public authorities law, in an amount  not  to  exceed  the
 actual  excess  balance in the special account of the mortgage insurance
 fund, as determined and certified by the  state  of  New  York  mortgage
 agency  for  the fiscal year 2023-2024 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating  (as  determined
 by  the  state  of  New York mortgage agency) required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2024.
   §  2.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes  of  the  rural  preservation
 program, a sum not to exceed $5,360,000 for the fiscal year ending March
 31, 2025. Notwithstanding any other provision of law, and subject to the
 approval  of  the  New  York  state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing  any  costs  associated  with  rural  preservation   program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $5,360,000, such transfer to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the special account of the mortgage insurance fund,  as  determined  and
 certified  by  the state of New York mortgage agency for the fiscal year
 2023-2024 in accordance with section 2429-b of  the  public  authorities
 law,  if any, and/or (ii) provided that the reserves in the project pool
 insurance account of the mortgage insurance  fund  created  pursuant  to
 section  2429-b  of  the public authorities law are sufficient to attain
 and maintain the credit rating (as determined by the state of  New  York
 mortgage  agency)  required  to accomplish the purposes of such account,
 the project pool insurance account of the mortgage insurance fund,  such
 transfer  to  be  made as soon as practicable but no later than June 30,
 2024.
   § 3. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may provide, for purposes of the rural rental assist-
 ance program pursuant to article 17-A of  the  private  housing  finance
 law,  a  sum  not to exceed $23,180,000 for the fiscal year ending March
 31, 2025.  Notwithstanding any other provision of law,  and  subject  to
 the  approval of the New York state director of the budget, the board of
 directors of the state of New York mortgage agency shall  authorize  the
 transfer  to  the  housing  trust  fund corporation, for the purposes of
 reimbursing any costs associated with rural  rental  assistance  program
 contracts  authorized  by  this  section,  a  total  sum  not  to exceed
 $23,180,000, such transfer to be made from (i) the  special  account  of
 the  mortgage  insurance  fund created pursuant to section 2429-b of the
 public authorities law, in an amount not to  exceed  the  actual  excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined  and  certified  by  the state of New York mortgage agency for the
 fiscal year 2023-2024 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 S. 8306                            39                            A. 8806
 
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law are sufficient
 to attain and maintain the credit rating, as determined by the state  of
 New  York  mortgage  agency, required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 fund,  such  transfer  shall be made as soon as practicable but no later
 than June 30, 2024.
   § 4. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide, for purposes of the New York
 state supportive housing program,  the  solutions  to  end  homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified  grantees under such programs, in accordance with the requirements
 of such programs, a sum not to exceed $53,580,000 for  the  fiscal  year
 ending  March  31, 2025. The homeless housing and assistance corporation
 may enter into an agreement with the office of temporary and  disability
 assistance to administer such sum in accordance with the requirements of
 such  programs.  Notwithstanding any other provision of law, and subject
 to the approval of the New York state director of the budget, the  board
 of  directors  of  the state of New York mortgage agency shall authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum not to exceed $53,580,000, such transfer to be  made  from  (i)  the
 special  account  of  the  mortgage  insurance  fund created pursuant to
 section 2429-b of the public authorities law, in an amount not to exceed
 the actual excess balance in the special account of the mortgage  insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2023-2024 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating as determined by
 the state of New  York  mortgage  agency,  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer shall be made as soon as  practi-
 cable but no later than March 31, 2025.
   § 5. This act shall take effect immediately.
 
                                  PART O

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

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

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

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

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

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

   §  8.  The property authorized by this act to be leased to Farmingdale
 state development corporation is generally described as that  parcel  of
 real  property  with  improvements  thereon consisting of a total of 8.7
 acres situated on the campus of the State  University  of  New  York  at
 Farmingdale,  subject  to  all  existing  easements  and restrictions of
 record. The description in this section of the parcel to be made  avail-
 able pursuant to this act is not meant to be a legal description, but is
 intended only to identify the parcel:
   The  property is situated at the southwest corner of NYS Route 110 and
 Melville Road. The eastern boundary runs north/south along  the  western
 side  of  NYS  Route  110  with  approximately 450 feet of frontage. The
 northern boundary runs along Melville Road for just over 1,000 feet.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1. Legislative findings. The legislature finds that the state
 university of New York at Stony  Brook  ("Stony  Brook")  seeks  to  use
 approximately  10 acres of underutilized land on Stony Brook's Southamp-
 ton campus to build multi-purpose facilities to  support  housing  needs
 and  supporting  amenities,  fulfilling  a  necessary  and  vital public
 purpose.  The legislature further finds that granting  the  trustees  of
 the State University of New York ("Trustees") the authority and power to
 lease and otherwise contract to make available grounds and facilities of
 Stony  Brook's  campus will ensure such land is utilized for the benefit
 of Stony Brook, the surrounding community, and the general public.
   § 2. Notwithstanding any other law to the contrary, the  Trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to a ground lessee a portion of the
 lands of Stony Brook generally described in this act for the purpose  of
 developing, constructing, maintaining and operating multi-purpose facil-
 ities  to  support housing needs and supporting amenities. Such lease or
 contract shall be for a period not exceeding ninety-nine  years  without
 any fee simple conveyance and otherwise upon terms and conditions deter-
 mined  by  such trustees, subject to the approval of the director of the
 division of the budget, the attorney general and the state  comptroller.
 In the event that the real property that is the subject of such lease or
 contract  shall  cease to be used for the purpose described in this act,
 such lease or contract shall immediately terminate and the real property
 and any improvements thereon shall revert to the state university of New
 York. Any lease or contract entered into  pursuant  to  this  act  shall
 provide  that  the  real  property  that is the subject of such lease or
 contract and any improvements thereon shall revert to the state  univer-
 sity  of  New  York on the expiration of such contract or lease. Any and
 all proceeds related to the leases authorized by this act shall be  used
 for  the  benefit  of  the Stony Brook campus and the allocation of such
 proceeds shall be subject to approval by the Trustees.
   § 3. Any contract or lease entered into pursuant to this act shall  be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive  law, and any contractor, subcontractor, lessee or sublessee enter-
 S. 8306                            52                            A. 8806
 
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement authorized pursuant to this act  shall  be  deemed  a  state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   §  4.  Notwithstanding  any  general, special or local law or judicial
 decision to the contrary, all work performed on a project authorized  by
 this  act where all or any portion thereof involves a lease or agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation,  repair,  renovation, alteration or improvement shall be subject
 to and performed in accordance with the provisions of article 8  of  the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by leasehold mortgages and assignments  of  rents  and  leases,  by  the
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 6. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  the  ground
 lessee is generally described as approximately 10 acres of land situated
 on  the  Southampton campus of the state university of New York at Stony
 Brook, subject to all existing easements and restrictions of record.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Notwithstanding the provisions of section 400 of the trans-
 portation  law,  or  any  other  provision  of  law to the contrary, the
 commissioner of transportation is hereby  authorized  and  empowered  to
 transfer  and  convey certain state-owned real property, as described in
 section two of this act, upon such terms and conditions as  the  commis-
 sioner may deem appropriate.
 S. 8306                            53                            A. 8806
 
   §  2.  The  lands authorized by this act to be conveyed consist of two
 parcels of land in the town of Babylon, Suffolk county, constituting tax
 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
 generally described as approximately twelve and one-half acres  of  land
 located north of Conklin Street and east of Route 110.
   §  3.  The  description  in section two of this act of the lands to be
 conveyed is not intended to be a legal description and is intended  only
 to identify the premises to be conveyed.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or subpart of this part shall be adjudged by any court of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of that subpart or  this  part,  but
 shall  be  confined in its operation to the clause, sentence, paragraph,
 subdivision, section, or subpart directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the intent of the legislature that this part and each subpart herein
 would have been enacted even if such invalid  provisions  had  not  been
 included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART Q
 
   Section  1.  Subdivision 3 of section 26 of the multiple dwelling law,
 as amended by chapter 748 of the laws of 1961, is  amended  to  read  as
 follows:
   3.  Floor  area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND
 DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A
 POPULATION OF ONE MILLION OR MORE,  OR  AFTER  CONSULTATION  WITH  LOCAL
 OFFICIALS,  AS  PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE
 URBAN  DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell-
 ing or dwellings on a lot shall not exceed 12.0, except that a fireproof
 class B dwelling in which six or more passenger elevators are maintained
 and operated in any city having a local zoning law, ordinance or  resol-
 ution  restricting  districts  in  such  city to residential use, may be
 erected in accordance with the provisions of such zoning law,  ordinance
 or resolution, if such class B dwelling is erected in a district no part
 of  which  is  restricted by such zoning law, ordinance or resolution to
 residential uses.
   § 2. This act shall take effect immediately.
 
                                  PART R

   Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
 labor law, as added by section 1 of part FFF of chapter 58 of  the  laws
 of 2020, are amended and a new paragraph e is added to read as follows:
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis; [or]
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity[.]; OR
   E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP-
 ERTY TAX LAW.
   § 2. The real property tax law is amended  by  adding  a  new  section
 467-m to read as follows:
 S. 8306                            54                            A. 8806
 
   § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI-
 PLE  DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.  1.
 DEFINITIONS. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE-
 FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE
 EXEMPTION  FROM  REAL  PROPERTY  TAXATION  AUTHORIZED  PURSUANT  TO THIS
 SECTION.
   B. "AFFORDABILITY REQUIREMENT" SHALL MEAN  THAT  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING:  (I)  NOT  LESS  THAN TWENTY PERCENT OF THE DWELLING
 UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE  PERCENT  OF
 THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
 WEIGHTED  AVERAGE  OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
 UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR  ALL
 OF  THE  AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE
 HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF  THE  AREA  MEDIAN  INCOME,
 ADJUSTED FOR FAMILY SIZE.
   C.  "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE  DWELLING  FOR  WHICH
 AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH  SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI-
 OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI-
 LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT  OF  THE  AREA
 MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT.
   D.  "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
 LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT;  AND  (II)  ANY  OTHER
 UNIT  THAT  MEETS  THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND
 UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING  THE  RESTRICTION
 PERIOD,  AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
 OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT  EXCEED  THE  INCOME  BANDS
 ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT.
   E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER-
 VATION AND DEVELOPMENT.
   F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS.
   G.  "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
 EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE  CARE  OR  MAINTE-
 NANCE  OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED TO,
 A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR,
 GARDENER, GROUNDSKEEPER,  ELEVATOR  OPERATOR  AND  STARTER,  AND  WINDOW
 CLEANER,  BUT  NOT  INCLUDING  PERSONS REGULARLY SCHEDULED TO WORK FEWER
 THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING.
   H. "COMMENCEMENT DATE" SHALL MEAN  THE  DATE  UPON  WHICH  THE  ACTUAL
 CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
   I.  "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART-
 MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF
 OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE  DWELL-
 ING.
   J.  "CONSTRUCTION  PERIOD"  SHALL  MEAN,  WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING  ON
 THE DAY PRECEDING THE COMPLETION DATE.
   K.  "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
 S. 8306                            55                            A. 8806
 
   L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF  A  NON-RESIDEN-
 TIAL  BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN
 ELIGIBLE MULTIPLE DWELLING.
   M.  "ELIGIBLE  MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH
 WAS SUBJECT TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL  DWELLING  UNITS
 INCLUDED  IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR
 MORE DWELLING UNITS HAVE BEEN CREATED THROUGH  AN  ELIGIBLE  CONVERSION;
 (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO  AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-
 THREE; AND (IV) THE COMPLETION DATE IS ON  OR  BEFORE  DECEMBER  THIRTY-
 FIRST, TWO THOUSAND THIRTY-NINE.
   N.  "FISCAL  OFFICER"  SHALL  MEAN  THE COMPTROLLER OR OTHER ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS,
 OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC-
 TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF  EXTERIOR  WALLS,  OR
 FROM THE CENTER LINE OF PARTY WALLS.
   P.  "INCOME  BAND"  SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT.
   Q. "MANHATTAN PRIME DEVELOPMENT AREA"  SHALL  MEAN  ANY  TAX  LOT  NOW
 EXISTING  OR  HEREAFTER  CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH
 STREET IN THE BOROUGH OF MANHATTAN.
   R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN  AN  ELIGIBLE  MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN-
 TY  PERCENT  TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND,
 RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT.
   T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   U.  "NON-RESIDENTIAL  BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A
 STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING  AT
 LEAST  ONE  FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST
 OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE  OR  PORTION  OF  THE
 STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC-
 TURING  OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF
 THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE,
 OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN-
 CY.
   V. "NON-RESIDENTIAL TAX LOT" SHALL  MEAN  A  TAX  LOT  THAT  DOES  NOT
 CONTAIN ANY DWELLING UNITS.
   W.  "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA-
 TION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE  RENT  STABILIZATION  CODE,
 AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
 IN  EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION OR AS AMENDED THERE-
 AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES  OR  REGULATIONS  ADDRESSING
 SUBSTANTIALLY THE SAME SUBJECT MATTER.
   X.  "RESIDENTIAL  TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   Y.  "RESTRICTION  PERIOD"  SHALL  MEAN  A  PERIOD  COMMENCING  ON  THE
 COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER
 TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS.
   2.  BENEFIT.  IN  CITIES  HAVING  A POPULATION OF ONE MILLION OR MORE,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL,  SPECIAL  OR  LOCAL
 LAW  TO  THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL,
 THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE  EXEMPT  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
 S. 8306                            56                            A. 8806
 
 IN THE AMOUNTS AND FOR THE PERIODS WHICH SHALL BE  SET  FORTH  IN  REGU-
 LATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN
 CONSULTATION  WITH  THE  AGENCY,  PROVIDED  THAT  SUCH ELIGIBLE MULTIPLE
 DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES.
   3.  TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
 THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC
 PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC  PROGRAM
 BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   4.  LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
 FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
 AN  ELIGIBLE  MULTIPLE  DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE
 FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS
 SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS.  IF  AN  ELIGIBLE
 MULTIPLE  DWELLING  CONTAINS  MULTIPLE  TAX LOTS, THE TAX ARISING OUT OF
 SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE  APPORTIONED  PRO
 RATA  AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL
 TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH
 REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY,  SHALL  BE  APPORTIONED  PRO
 RATA  AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS
 SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE  OR
 ACCESSORY  PARKING  SPACE  LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE
 THE CURB LEVEL.
   5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION  OF  THE  AGENCY
 CERTIFYING  ELIGIBILITY  FOR  AHCC  PROGRAM  BENEFITS, THE DEPARTMENT OF
 FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
 SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO  THE
 ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
   6.  AFFORDABILITY  REQUIREMENTS.  AN  ELIGIBLE MULTIPLE DWELLING SHALL
 COMPLY WITH THE AFFORDABILITY REQUIREMENT  DEFINED  IN  PARAGRAPH  B  OF
 SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI-
 BLE  MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING REQUIREMENTS
 DURING THE RESTRICTION PERIOD:
   A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL  MARKET  RATE
 UNITS  IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A
 SPECIFIC  FLOOR  OR  AREA  OF  AN  ELIGIBLE  MULTIPLE  DWELLING.  COMMON
 ENTRANCES  SHALL  MEAN  ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY
 ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE  MULTIPLE  DWELL-
 ING.
   B.  UNLESS  PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
 HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
 MULTIPLE DWELLING SHALL HAVE A  UNIT  MIX  PROPORTIONAL  TO  THE  RENTAL
 MARKET  UNITS;  OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING
 UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR  MORE  BEDROOMS
 AND  NO  MORE  THAN  TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS
 SHALL HAVE LESS THAN ONE BEDROOM.
   C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE  CONTRA-
 RY:  (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT
 STABILIZATION DURING THE RESTRICTION PERIOD;  AND  (II)  ANY  AFFORDABLE
 HOUSING  UNIT  OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY
 PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA-
 TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO  RENT  STABILIZA-
 TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT.
   D.  ALL  RENT  STABILIZATION  REGISTRATIONS REQUIRED TO BE FILED SHALL
 CONTAIN A DESIGNATION THAT SPECIFICALLY  IDENTIFIES  AFFORDABLE  HOUSING
 UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS-
 S. 8306                            57                            A. 8806
 
 ING  UNITS"  AND  SHALL  CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT
 APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
   E.  FAILURE  TO  COMPLY  WITH  THE PROVISIONS OF THIS SUBDIVISION THAT
 REQUIRE THE CREATION, MAINTENANCE, RENT  STABILIZATION  COMPLIANCE,  AND
 OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC
 PROGRAM BENEFITS.
   F.  NOTHING  IN  THIS  SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN
 AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME  AT  ANY
 TIME  IS  LESS  THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR
 INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH
 AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II)  PROHIBIT  THE
 OWNER  OF  AN  ELIGIBLE  MULTIPLE  DWELLING FROM REQUIRING, UPON INITIAL
 RENTAL OR UPON ANY RENTAL FOLLOWING A  VACANCY,  THE  OCCUPANCY  OF  ANY
 AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES.
   G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON
 EACH  VACANCY  THEREAFTER,  AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE
 OFFERED FOR RENTAL BY INDIVIDUALS OR  FAMILIES  WHOSE  INCOME  DOES  NOT
 EXCEED  THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND,
 AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE
 HOUSING  UNIT  PURSUANT  TO  THIS  SECTION AND WHO INTEND TO OCCUPY SUCH
 AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE  HOUS-
 ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER
 ENTITY;  OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON-
 ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING
 UNIT AVAILABLE FOR OCCUPANCY.
   H. AN AFFORDABLE HOUSING UNIT SHALL NOT  BE  RENTED  ON  A  TEMPORARY,
 TRANSIENT  OR  SHORT-TERM BASIS.  EVERY LEASE AND RENEWAL THEREOF FOR AN
 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
 OPTION OF THE TENANT.
   I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR
 CONDOMINIUM OWNERSHIP.
   J.  THE  AGENCY  MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
 DEEMS NECESSARY OR APPROPRIATE FOR:  (I)  THE  MARKETING  OF  AFFORDABLE
 HOUSING  UNITS,  BOTH  UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II)
 MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE
 ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND  (IV)
 SPECIFYING  THE  LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY,
 RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED
 WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH  REQUIREMENTS  MAY
 INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE
 AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING.
   K.  NOTWITHSTANDING  ANY  PROVISION OF THIS SECTION TO THE CONTRARY, A
 MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION  UNLESS,  IN  THE
 ABSENCE  OF  AHCC  PROGRAM  BENEFITS,  THE UNIT WOULD BE SUBJECT TO RENT
 STABILIZATION.
   7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE-
 MENT COMPANY OR CONTRACTOR.
   B.  ALL  BUILDING  SERVICE  EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING  WAGE
 FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
 FITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED.
   C.  THE  FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
 OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL  OFFICER
 S. 8306                            58                            A. 8806
 
 SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE
 MADE  TO  DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES,
 AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER  MAY  UTILIZE  WAGE
 AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED
 TO,  DATA  AND  DETERMINATIONS  OF  FEDERAL, STATE OR OTHER GOVERNMENTAL
 AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL
 NOT BE CONSIDERED WAGES OR A  FRINGE  BENEFIT;  (II)  TO  INSTITUTE  AND
 CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM-
 INE  THE  BOOKS,  DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO,
 AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV)  TO
 HOLD  HEARINGS  AND,  IN  CONNECTION  THEREWITH, TO ISSUE SUBPOENAS, THE
 ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL  PRACTICE  LAW  AND
 RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA-
 TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY
 OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS
 BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION;
 (VI)  TO  REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE-
 GOING  POWERS  TO  HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;
 (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
 PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES  AND  POWERS  CONFERRED
 UPON  HIM  OR  HER  BY  THE  PROVISIONS OF THIS SUBDIVISION; AND (IX) TO
 PRESCRIBE  APPROPRIATE  SANCTIONS  FOR  FAILURE  TO  COMPLY   WITH   THE
 PROVISIONS  OF  THIS  SUBDIVISION.  FOR EACH VIOLATION OF PARAGRAPH B OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK
 WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES  THE
 AMOUNT  OF  THE  BACK  WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS  THAT
 THE  APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
 SION, HE OR SHE SHALL PRESENT EVIDENCE OF  SUCH  NON-COMPLIANCE  TO  THE
 AGENCY.
   D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:  (I) AN
 ELIGIBLE  MULTIPLE  DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS;
 OR (II) AN ELIGIBLE  MULTIPLE  DWELLING  WHOSE  ELIGIBLE  CONVERSION  IS
 CARRIED  OUT  WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI-
 DIES PROVIDED BY A  FEDERAL,  STATE  OR  LOCAL  GOVERNMENTAL  AGENCY  OR
 INSTRUMENTALITY  PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE
 HOUSING.
   E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH  ITS  APPLICATION
 CERTIFYING  THAT  IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI-
 SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D  OF  THIS  SUBDIVISION.
 UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
 EXEMPT  IN  ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT
 ANNUALLY A SWORN AFFIDAVIT TO THE  FISCAL  OFFICER  CERTIFYING  THAT  IT
 SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   8.  CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   9.   VOLUNTARY   RENUNCIATION   OR  TERMINATION.  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
 OWNER  SHALL  NOT  BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION  WITH  THE  COMMENCEMENT  OF A TAX EXEMPTION
 PURSUANT TO THE PRIVATE HOUSING FINANCE  LAW  OR  SECTION  FOUR  HUNDRED
 TWENTY-C OF THIS TITLE.
 S. 8306                            59                            A. 8806
 
   10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD-
 ABLE  HOUSING  UNITS  SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL
 OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF  THE  RESTRICTION
 PERIOD,  REGARDLESS  OF  WHETHER  SUCH  BENEFITS HAVE BEEN TERMINATED OR
 REVOKED.
   11. POWERS CUMULATIVE. THE  ENFORCEMENT  PROVISIONS  OF  THIS  SECTION
 SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
 DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW  OR  AVAILABLE  AT
 LAW OR IN EQUITY.
   12.  MULTIPLE  TAX  LOTS.  IF  AN  ELIGIBLE MULTIPLE DWELLING CONTAINS
 MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT  TO  ONE
 OR  MORE  OF  SUCH  TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR
 AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH  APPLICA-
 TION  AND  BENEFITS  FOR  EACH  SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE
 BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING.
   13. APPLICATIONS. A. THE APPLICATION  WITH  RESPECT  TO  ANY  ELIGIBLE
 MULTIPLE  DWELLING  SHALL  BE  FILED WITH THE AGENCY NO EARLIER THAN THE
 COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF
 SUCH ELIGIBLE MULTIPLE DWELLING.
   B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL,  OR  LOCAL
 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
 FILED ELECTRONICALLY.
   C.  THE  AGENCY  MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
 SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF  AN  APPLICA-
 TION.  A  FALSE  CERTIFICATION  BY  SUCH  ARCHITECT OR ENGINEER SHALL BE
 DEEMED TO BE PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED  NINE  OF  THE  EDUCATION LAW.   ANY ARCHITECT OR ENGINEER FOUND
 GUILTY OF SUCH MISCONDUCT UNDER THE  PROCEDURES  PRESCRIBED  IN  SECTION
 SIXTY-FIVE  HUNDRED  TEN  OF  THE  EDUCATION LAW SHALL BE SUBJECT TO THE
 PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE  EDUCA-
 TION  LAW  AND  SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION
 PURSUANT TO THIS SECTION.
   D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER  CHARGES,
 AND  SEWER  RENTS  CURRENTLY  DUE AND OWING ON THE PROPERTY WHICH IS THE
 SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN
 TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE  DEPARTMENT
 OF FINANCE OR OTHER APPROPRIATE AGENCY.
   14.  FILING  FEE.  THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN
 THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
 TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES:
   A. IMPOSING A LESSER FEE  FOR  AN  ELIGIBLE  MULTIPLE  DWELLING  WHOSE
 ELIGIBLE  CONVERSION  IS  CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF
 GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE  DEVELOP-
 MENT OF AFFORDABLE HOUSING; AND
   B.  REQUIRING  A  PORTION  OF  THE  FILING  FEE  TO  BE  PAID UPON THE
 SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF  APPROV-
 ING  THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER-
 SION.
   15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN  OF  THIS  SECTION,
 THE  AGENCY  SHALL  HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF
 THIS SECTION AND MAY PROMULGATE RULES TO CARRY  OUT  THE  PROVISIONS  OF
 THIS SECTION.
   16.  PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A.  ON OR
 AFTER THE EXPIRATION DATE OF  THE  BENEFIT  PROVIDED  PURSUANT  TO  THIS
 S. 8306                            60                            A. 8806
 
 SECTION,  THE  AGENCY  MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE
 HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE  DWELLING  OF
 THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION.
   B.  A  PENALTY  IMPOSED  UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A
 PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON  THE
 ELIGIBLE  MULTIPLE  DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE-
 FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY  SHALL
 ESTABLISH  A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU-
 ANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE  IMPOSED  AGAINST
 THE  OWNER  OF  THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION
 OCCURRED, EVEN IF SUCH OWNER  NO  LONGER  OWNS  SUCH  ELIGIBLE  MULTIPLE
 DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
   D.  A  PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO
 THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE  BY  IMPRI-
 SONMENT NOT TO EXCEED SIX MONTHS.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section  1. The multiple dwelling law is amended by adding a new arti-
 cle 7-D to read as follows:
                                ARTICLE 7-D
     LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS
 SECTION 288. DEFINITIONS.
         289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND
                INHABITED CELLAR DWELLING UNITS.
   § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW-
 FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO  THE
 EFFECTIVE DATE OF THIS ARTICLE;
   2. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY
 OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC-
 TIVE DATE OF THIS ARTICLE;
   3.  THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
 A WRITTEN AGREEMENT; AND
   4. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 DWELLING UNIT IS RENTED.
   § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.    1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
 CITY  WITH  A  POPULATION  OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE
 BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO  ADDRESS,  PROVIDED  THAT
 HEALTH  AND  SAFETY  ARE  PROTECTED,  (A)  THE LEGALIZATION OF SPECIFIED
 INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN
 EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION
 TO LEGAL DWELLING UNITS, OR (B) THE CONVERSION OF OTHER SPECIFIED  BASE-
 MENT  AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE
 OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE  LOCAL  LAW  AUTHORIZED  BY
 THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL
 NOT  BE  SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW
 CONDUCTED PURSUANT TO ARTICLE EIGHT OF  THE  ENVIRONMENTAL  CONSERVATION
 LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER.
   2.  THE  PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER
 WHO CONVERTS AN INHABITED BASEMENT DWELLING  UNIT  OR  INHABITED  CELLAR
 S. 8306                            61                            A. 8806
 
 DWELLING  UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE
 OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN  INHABITED  BASEMENT
 DWELLING  UNIT  OR  INHABITED CELLAR DWELLING UNIT, (A) FREEDOM FROM ANY
 CIVIL  OR  ADMINISTRATIVE  LIABILITY, CITATIONS, FINES, PENALTIES, JUDG-
 MENTS  OR  ANY  OTHER  DETERMINATIONS    OF  OR  PROSECUTION  FOR  CIVIL
 VIOLATIONS  OF  THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND
 THE ZONING RESOLUTION OF SUCH CITY, AND (B) RELIEF FROM ANY  OUTSTANDING
 CIVIL  JUDGMENTS  ISSUED  IN  CONNECTION WITH ANY SUCH VIOLATION OF SUCH
 LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE  THE  EFFECTIVE  DATE  OF
 THIS  ARTICLE.    PROVIDED  THAT  SUCH  LOCAL LAW SHALL REQUIRE THAT ALL
 APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE  CERTAIN  SUBSEQUENT  TO
 THE  EFFECTIVE  DATE  OF  THIS  ARTICLE, PROVIDED FURTHER THAT SUCH DATE
 SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF  THIS  CHAPTER  OR
 LOCAL  LAW,  RULE  OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR
 THE ALTERATIONS NECESSARY FOR THE CONVERSION OF  A  SPECIFIED  INHABITED
 BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECI-
 FIED  BASEMENT  OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFEC-
 TIVE DATE INTO A LAWFUL DWELLING  UNIT.  ANY  AMENDMENT  OF  THE  ZONING
 RESOLUTION  NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC
 HEARING AT THE PLANNING COMMISSION OF SUCH  LOCALITY,  AND  APPROVAL  BY
 SUCH  COMMISSION  AND  THE  LEGISLATIVE  BODY  OF SUCH LOCAL GOVERNMENT,
 PROVIDED, HOWEVER, THAT  IT  SHALL  NOT  REQUIRE  ENVIRONMENTAL  REVIEW,
 INCLUDING  ENVIRONMENTAL  REVIEW  CONDUCTED PURSUANT TO ARTICLE EIGHT OF
 THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND  LOCAL  REGULATIONS
 PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW.
   §  290.  TENANT  PROTECTIONS  IN INHABITED BASEMENT DWELLING UNITS AND
 INHABITED CELLAR DWELLING UNITS.   1. THE  PROGRAM  AUTHORIZED  BY  THIS
 ARTICLE  SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN
 INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR  DWELLING  UNIT  BE
 ACCOMPANIED  BY  A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED
 TO A TENANT ON THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  NOTWITHSTANDING
 WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT
 USE  SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE-
 GAL OCCUPANCY OF SUCH UNIT, PROVIDED  THAT  NOTHING  CONTAINED  IN  THIS
 ARTICLE  SHALL  BE  CONSTRUED  TO  LIMIT SUCH CITY FROM ISSUING A VACATE
 ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS.
   2. THE LOCAL LAW AUTHORIZED BY  THIS  ARTICLE  SHALL  PROVIDE  THAT  A
 TENANT  IN  OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE,
 WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS  A  RESULT  OF  AN
 ALTERATION  NECESSARY  TO  BRING  AN INHABITED BASEMENT DWELLING UNIT OR
 INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB-
 LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE  A  RIGHT
 OF  FIRST  REFUSAL  TO  RETURN  TO  SUCH UNIT AS A TENANT UPON ITS FIRST
 LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING  WHETHER  THE
 OCCUPANCY  AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR-
 IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN
 MULTIPLE TENANTS MAY CLAIM SUCH RIGHT.
   3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO  A
 LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY
 THIS  ARTICLE,  SHALL  HAVE  A CAUSE OF ACTION IN ANY COURT OF COMPETENT
 JURISDICTION FOR COMPENSATORY  DAMAGES  OR  DECLARATORY  AND  INJUNCTIVE
 RELIEF  AS  THE  COURT  DEEMS  NECESSARY  IN  THE  INTERESTS OF JUSTICE,
 PROVIDED THAT SUCH COMPENSATORY  RELIEF  SHALL  NOT  EXCEED  THE  ANNUAL
 RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT.
   § 2. This act shall take effect immediately.
 S. 8306                            62                            A. 8806
 
                                  PART T
 
   Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
 section  421-a  of the real property tax law, as amended by section 3 of
 part TTT of chapter 59 of the laws  of  2017,  is  amended  to  read  as
 follows:
   (xxviii)  "Eligible  multiple dwelling" shall mean a multiple dwelling
 or homeownership project containing six or more dwelling  units  created
 through  new construction or eligible conversion for which the commence-
 ment date is after December thirty-first, two thousand fifteen and on or
 before June fifteenth,  two  thousand  twenty-two,  and  for  which  the
 completion  date  is  on or before June fifteenth, two thousand [twenty-
 six] THIRTY-ONE.
   § 2.  This act shall take effect immediately.
 
                                  PART U
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 485-x to read as follows:
   §  485-X.  AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE.  1.
 DEFINITIONS.  FOR PURPOSES OF THIS SECTION:
   (A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX  INCENTIVE  BENEFITS
 (HEREINAFTER  REFERRED  TO  AS  "ANNY PROGRAM BENEFITS")" SHALL MEAN THE
 EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION.
   (B) "AFFORDABLE HOMEOWNERSHIP PROGRAM" SHALL ONLY APPLY TO A  HOMEOWN-
 ERSHIP  PROJECT,  OF WHICH A PRESCRIBED PERCENT OF THE UNITS SHALL, UPON
 INITIAL SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH
 SUBSEQUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION
 DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES  WHOSE  HOUSEHOLD  INCOME
 DOES NOT EXCEED A PRESCRIBED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR  FAMILY  SIZE, AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL AGREE, IN
 WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE  FOR  NO  LESS
 THAN  FIVE  YEARS FROM THE ACQUISITION OF SUCH UNIT, AND SUCH PROJECT IS
 SUBJECT TO A REGULATORY AGREEMENT WITH A CITY  OR  STATE  AGENCY.    THE
 PRESCRIBED  PERCENTAGE OF THE UNITS AND THE PRESCRIBED PERCENTAGE OF THE
 AREA MEDIAN INCOME SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY  THE
 AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION
 EIGHT OF THIS SECTION.
   (C) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
 WHICH  IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE AND
 THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS  IN  SUCH
 ELIGIBLE SITE.
   (D)  "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS
 SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH ANNY  PROGRAM  BENEFITS  ARE
 GRANTED;  AND  (II)  UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL
 FOLLOWING A VACANCY DURING THE APPLICABLE RESTRICTION PERIOD, IS AFFORD-
 ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT
 EXCEED A PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME,  ADJUSTED  FOR
 FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH
 DWELLING UNIT. THE PRESCRIBED AREA MEDIAN INCOME  PERCENTAGES  SHALL  BE
 SET  FORTH  IN  REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH
 THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION.
   (E) "AGENCY" SHALL MEAN THE DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT.
   (F) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
 S. 8306                            63                            A. 8806
 
   (G) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE
 AMOUNT  OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF,
 CONSTRUCTION WORKERS FOR CONSTRUCTION  WORK  DIVIDED  BY  THE  AGGREGATE
 NUMBER OF HOURS OF CONSTRUCTION WORK.
   (H)  "BROOKLYN  PRIME  DEVELOPMENT  AREA"  SHALL MEAN ANY TAX LOTS NOW
 EXISTING OR HEREAFTER CREATED WHICH  ARE  LOCATED  ENTIRELY  WITHIN  THE
 BOROUGH  OF BROOKLYN AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (I) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
 EMPLOYED  AT,  AND  PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
 NANCE OF, AN ELIGIBLE SITE, INCLUDING, BUT NOT LIMITED TO,  A  WATCHMAN,
 GUARD,  DOORMAN,  BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER,
 GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND  WINDOW  CLEANER,  BUT
 NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS
 PER WEEK AT THE ELIGIBLE SITE.
   (J)  "COMMENCEMENT  DATE"  SHALL  MEAN,  WITH  RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION  AND  CONSTRUCTION  OF
 INITIAL  FOOTINGS  AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
 AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF
 THE  CONVERSION,  ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
 OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
   (K) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE  MULTI-
 PLE  DWELLING,  THE  DATE  UPON  WHICH THE LOCAL DEPARTMENT OF BUILDINGS
 ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY  COVER-
 ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING.
   (L)  "CONSTRUCTION  PERIOD"  SHALL  MEAN, WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS  BEFORE  THE
 COMPLETION  DATE  OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON
 THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE  MULTIPLE  DWELL-
 ING.
   (M) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON
 AN  ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE,
 WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY  FORM,
 MAKE  OR  BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA-
 TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES  OR  EQUIP-
 MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL
 AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (N)   "CONSTRUCTION   WORKERS"   SHALL  MEAN  ALL  PERSONS  PERFORMING
 CONSTRUCTION WORK WHO (I) ARE PAID ON AN HOURLY BASIS AND (II)  ARE  NOT
 IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (O)  "CONTRACTOR  CERTIFIED  PAYROLL  REPORT"  SHALL  MEAN AN ORIGINAL
 PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE  INDE-
 PENDENT  MONITOR  SETTING  FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
 CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF  CONSTRUCTION  WORK
 PERFORMED  BY CONSTRUCTION WORKERS, AND THE AMOUNT OF WAGES AND EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   (P) "ELIGIBLE CONVERSION" SHALL MEAN  THE  CONVERSION,  ALTERATION  OR
 IMPROVEMENT  OF  A  PRE-EXISTING  BUILDING  OR  STRUCTURE RESULTING IN A
 MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE  FLOOR
 AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
   (Q)  "ELIGIBLE  MULTIPLE  DWELLING"  SHALL MEAN A MULTIPLE DWELLING OR
 HOMEOWNERSHIP PROJECT CONTAINING SIX  OR  MORE  DWELLING  UNITS  CREATED
 THROUGH  NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE-
 MENT DATE IS WITHIN FIVE YEARS SUBSEQUENT TO THE DATE ON WHICH THE MEMO-
 S. 8306                            64                            A. 8806
 
 RANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION  TWENTY-
 TWO  OF  THIS  SECTION, AND FOR WHICH THE COMPLETION DATE IS WITHIN NINE
 YEARS SUBSEQUENT TO THE DATE ON WHICH A MEMORANDUM OF  UNDERSTANDING  IS
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (R)  "ELIGIBLE  SITE"  SHALL  MEAN EITHER: (I) A TAX LOT CONTAINING AN
 ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR  MORE
 ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
   (S)  "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID
 BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION WORKERS,  OTHER  THAN  WAGES,
 INCLUDING,  WITHOUT  LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE INTO
 PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY
 COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND
 APPRENTICESHIP TRAINING. THE VALUE OF  ANY  EMPLOYEE  BENEFITS  RECEIVED
 SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF
 THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (T)  "FISCAL  OFFICER"  SHALL  MEAN THE COMPTROLLER OR OTHER ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (U) "FLOOR AREA" SHALL  MEAN  THE  HORIZONTAL  AREAS  OF  THE  SEVERAL
 FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
 RY  STRUCTURES  ON  A  LOT  MEASURED FROM THE EXTERIOR FACES OF EXTERIOR
 WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
   (V) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL  LOW-INCOME  HOUSING
 TAX  CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH (B)
 OF PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE  INTERNAL
 REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   (W)  "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD,
 A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER  THAN
 ASSESSMENTS  FOR  LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS
 OF THE RESTRICTION PERIOD, A ONE HUNDRED  PERCENT  EXEMPTION  FROM  REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   (X) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS
 CONDOMINIUM OR COOPERATIVE HOUSING.
   (Y)  "HOMEOWNERSHIP  PROJECT  RESTRICTION  PERIOD" SHALL MEAN A PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH  ANNIVER-
 SARY  OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR
 REVOCATION OF ANNY PROGRAM BENEFITS.
   (Z) "INDEPENDENT MONITOR" SHALL MEAN AN  ACCOUNTANT  LICENSED  AND  IN
 GOOD  STANDING  PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA-
 TION LAW.
   (AA) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION  OR  INTERFERENCE
 WITH  THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR ORGANIZA-
 TION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE,  INCLUD-
 ING  WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES, WALK
 OUTS, SLOWDOWNS, PICKETING,  BANNERING,  HAND  BILLING,  DEMONSTRATIONS,
 SICKOUTS,  REFUSALS  TO  CROSS  A PICKET LINE, REFUSALS TO HANDLE STRUCK
 BUSINESS, AND USE OF THE RAT OR OTHER  INFLATABLE  BALLOONS  OR  SIMILAR
 DISPLAYS.
   (BB)  "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
 THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH  ALL  DWELLING  UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (CC)  "LARGE  RENTAL  PROJECT  RESTRICTION PERIOD" SHALL MEAN A PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY,  NOTWITH-
 STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS.
   (DD) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX  LOTS,  NOW
 EXISTING    OR  HEREAFTER  CREATED,  LOCATED  ENTIRELY IN THE BOROUGH OF
 S. 8306                            65                            A. 8806
 
 MANHATTAN AND AS SET FORTH PURSUANT TO THE MEMORANDUM  OF  UNDERSTANDING
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (EE)  "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   (FF) "MULTIPLE DWELLING" SHALL HAVE THE  SAME  MEANING  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (GG)  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN A TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   (HH) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME  DEVELOP-
 MENT  AREA,  THE  BROOKLYN  PRIME  DEVELOPMENT AREA AND THE QUEENS PRIME
 DEVELOPMENT AREA.
   (II) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL  MEAN  A  CERTIFIED
 PAYROLL  REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI-
 CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH  SETS  FORTH
 THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION
 WORKERS,  THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
   (JJ) "QUEENS PRIME DEVELOPMENT AREA"  SHALL  MEAN  ANY  TAX  LOTS  NOW
 EXISTING  OR  HEREAFTER  CREATED  WHICH  ARE LOCATED ENTIRELY WITHIN THE
 BOROUGH OF QUEENS AND AS SET FORTH PURSUANT TO A  MEMORANDUM  OF  UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (KK) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT  STABILI-
 ZATION  LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE,
 AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
 IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  TWENTY-FOUR  THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER,
 TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING  SUBSTAN-
 TIALLY THE SAME SUBJECT MATTER.
   (LL)  "RENTAL  PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT
 AND SMALL RENTAL PROJECT.
   (MM) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   (NN) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING  OF
 LESS  THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (OO) "SMALL RENTAL PROJECT RESTRICTION PERIOD"  SHALL  MEAN  A  PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI-
 VERSARY  OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION
 OR REVOCATION OF ANNY PROJECT BENEFITS.
   (PP) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF  AN  EXEMPT
 FACILITY  BOND,  AS  DEFINED  IN  PARAGRAPH  SEVEN  OF SUBSECTION (A) OF
 SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE  OF  NINETEEN
 HUNDRED  EIGHTY-SIX,  AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
 TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
 NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   (QQ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT
 RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION  AND  OVER-
 SEES  AND  MANAGES  THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS.
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY  APPROVED
 BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR
 REPRESENTATIVES  OF  THE  LARGEST  TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD-PARTY FUND ADMINISTRATOR SHALL
 S. 8306                            66                            A. 8806

 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED.  THE FISCAL OFFICER, AFTER PROVIDING NOTICE AND AFTER MEETING
 WITH  THE  THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR
 FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS
 BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE
 CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL,  AT  THE
 REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER.
   (RR)  "THIRTY-FIVE  YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION
 PERIOD, A ONE HUNDRED PERCENT EXEMPTION  FROM  REAL  PROPERTY  TAXATION,
 OTHER  THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN-
 TY-FIVE YEARS OF THE SMALL RENTAL  PROJECT  RESTRICTION  PERIOD  OR  THE
 LARGE  RENTAL  PROJECT  RESTRICTION PERIOD, AS APPLICABLE, A ONE HUNDRED
 PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS
 FOR  LOCAL  IMPROVEMENTS; AND (III) FOR THE FINAL TEN YEARS OF THE SMALL
 RENTAL PROJECT RESTRICTION PERIOD OR FOR THE NEXT TEN YEARS OF THE LARGE
 RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, AN EXEMPTION FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,  EQUAL
 TO THE AFFORDABILITY PERCENTAGE.
   (SS)  "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
 ANY KIND PAID TO, OR ON  BEHALF  OF,  CONSTRUCTION  WORKERS,  INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION WORKER, TOGETHER WITH EMPLOYEE BENEFITS,  SUCH  AS  HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP  TRAINING,  AND
 PAYROLL  TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT INSURANCE AND PURSUANT TO THE  FEDERAL  INSURANCE  CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   2.  BENEFIT.  IN  CITIES  HAVING  A POPULATION OF ONE MILLION OR MORE,
 NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO
 THE  CONTRARY,  NEW  ELIGIBLE  MULTIPLE  DWELLINGS,  EXCEPT HOTELS, THAT
 COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL  BE  EXEMPT  FROM  REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE
 AMOUNTS  AND FOR THE PERIODS SPECIFIED IN THIS SECTION. A RENTAL PROJECT
 THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A THIR-
 TY-FIVE YEAR BENEFIT AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL  OF  THE
 REQUIREMENTS OF THIS SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT.
   3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN
 THIS  SECTION, RENTAL PROJECTS CONTAINING MORE THAN THE NUMBER OF RENTAL
 UNITS SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
 TO SUBDIVISION TWENTY-TWO OF THIS SECTION THAT ARE  LOCATED  WITHIN  THE
 PRIME  DEVELOPMENT  AREA SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN
 THIS SUBDIVISION.  FOR PURPOSES OF THIS SUBDIVISION, "CONTRACTOR"  SHALL
 MEAN  ANY  ENTITY  WHICH BY AGREEMENT WITH ANOTHER PARTY, INCLUDING SUB-
 CONTRACTORS, UNDERTAKES TO PERFORM CONSTRUCTION WORK AT AN ELIGIBLE SITE
 AND "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY  PROGRAM  BENEFITS  AND
 ANY SUCCESSOR THERETO.
   (A) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
 ELIGIBLE  SITE  WITHIN  THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO
 LESS THAN THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO
 PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND  SHALL  INCREASE
 PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM.
 S. 8306                            67                            A. 8806
 
   (B) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
 ELIGIBLE  SITE  WITHIN THE BROOKLYN PRIME DEVELOPMENT AREA OR THE QUEENS
 PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN THE AMOUNT SET BY THE MEMO-
 RANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION  TWENTY-TWO
 OF  THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY
 SUCH MEMORANDUM.
   (C) THE REQUIREMENTS OF PARAGRAPHS (A) AND  (B)  OF  THIS  SUBDIVISION
 SHALL NOT BE APPLICABLE TO:
   (I)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
 THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH  SUBSEQUENT  RENTAL
 FOLLOWING  A VACANCY DURING THE LARGE RENTAL PROJECT RESTRICTION PERIOD,
 ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN
 INCOME, ADJUSTED FOR FAMILY  SIZE,  AT  THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT; OR
   (II)  ANY ELIGIBLE DWELLING THAT MEETS EXEMPTION CRITERIA SET FORTH IN
 A MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
 TY-TWO OF THIS SECTION.
   (D) THE APPLICANT SHALL CONTRACT WITH AN INDEPENDENT  MONITOR.    SUCH
 INDEPENDENT  MONITOR  SHALL SUBMIT TO THE FISCAL OFFICER WITHIN ONE YEAR
 OF THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN  THE
 EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE
 FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT
 TO  A  FINE  OF  ONE  THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF;
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE  THOUSAND  DOLLARS.
 IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE AVERAGE HOURLY WAGE SET
 PURSUANT  TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION AS APPLICABLE, THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
 SUCH DEFICIENCY.
   (E) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH
 CONTRACTOR AND SUB-CONTRACTOR  NO  LATER  THAN  NINETY  DAYS  AFTER  THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
 THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL  OFFICER
 AND  THE  FISCAL  OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR
 SUB-CONTRACTOR IN AN AMOUNT SET FORTH BY THE MEMORANDUM OF UNDERSTANDING
 ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS  SECTION,
 PROVIDED  THAT  THE MAXIMUM FINE SHALL NOT EXCEED AN AMOUNT SET FORTH IN
 SUCH MEMORANDUM.
   (F) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT  SHOWS
 THAT  THE WAGE PAID AS REQUIRED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
 SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID  IS  WITHIN  FIFTEEN
 PERCENT OF THE AVERAGE HOURLY WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR
 (B)  OF  THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED
 TWENTY DAYS FROM THE DATE OF SUBMISSION OF SUCH  PROJECT-WIDE  CERTIFIED
 PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINIS-
 TRATOR  AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND  ADMINISTRA-
 TOR  SHALL  DISTRIBUTE  SUCH  PAYMENT  TO  THE  CONSTRUCTION WORKERS WHO
 PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING  SUCH
 REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL
 OFFICER  A  PLAN  SUBJECT TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH
 THE MANNER IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR  WILL  REACH  THE
 REQUIRED  AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING
 THE PAYMENT FROM THE APPLICANT AND  HOW  ANY  REMAINING  FUNDS  WILL  BE
 S. 8306                            68                            A. 8806
 
 DISBURSED  IN  THE  EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT
 DISTRIBUTE THE FUNDS TO THE CONSTRUCTION  WORKERS  WITHIN  ONE  YEAR  OF
 RECEIVING FISCAL OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT FAILS
 TO  MAKE  SUCH  PAYMENT  WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT
 SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVI-
 SION TWENTY-TWO OF THIS SECTION, PROVIDED THAT THE  MAXIMUM  FINE  SHALL
 NOT  EXCEED  THE  AMOUNT  SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED
 INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.   IF  THE  WAGE
 PAID  IS  MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION WAGE REQUIRED
 PURSUANT TO PARAGRAPH (A) OR (B) OF  THIS  SUBDIVISION,  AS  APPLICABLE,
 THEN  NO  LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION
 OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT  SHALL  PAY
 TO  THE  THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE AMOUNT OF
 THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT. THE  THIRD-
 PARTY   FUND   ADMINISTRATOR   SHALL  DISTRIBUTE  SUCH  PAYMENT  TO  THE
 CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK  ON  SUCH  ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR
 SHALL  SUBMIT  TO  THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFI-
 CER'S APPROVAL SETTING FORTH THE MANNER IN WHICH  THE  THIRD-PARTY  FUND
 ADMINISTRATOR  WILL  REACH  THE  REQUIRED AVERAGE HOURLY WAGE WITHIN ONE
 HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT  AND  HOW
 ANY  REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE THIRD-PARTY
 FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK-
 ERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL.  IN  ADDITION,
 THE  FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN AMOUNT
 EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY,  PROVIDED,
 HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE
 ELIGIBLE  MULTIPLE  DWELLING  HAS BEEN THE SUBJECT OF A JOB ACTION WHICH
 RESULTS IN A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS  TO  MAKE
 SUCH  PAYMENT  WITHIN  THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE
 APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT SET BY THE
 MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO  SUBDIVISION  TWEN-
 TY-TWO  OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED
 THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO  PURSUANT
 SUBDIVISION  TWENTY-TWO  OF THIS SECTION.  NOTWITHSTANDING ANY PROVISION
 OF THIS SUBDIVISION, THE APPLICANT SHALL NOT BE LIABLE  IN  ANY  RESPECT
 WHATSOEVER  FOR ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR RESULTING
 FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR FOR FRAUDULENT OR INAC-
 CURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDULENT OR INACCU-
 RATE PROJECT-WIDE CERTIFIED PAYROLL  REPORTS,  PROVIDED,  HOWEVER,  THAT
 PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR IN THE AMOUNT SET FORTH IN
 THE PROJECT-WIDE CERTIFIED PAYROLL REPORT AS DESCRIBED IN THIS PARAGRAPH
 SHALL  STILL BE MADE BY THE CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF
 UNDERPAYMENT RESULTING FROM OR CAUSED BY THE CONTRACTOR OR  SUB-CONTRAC-
 TOR,  AND  THAT  THE  APPLICANT  WILL  BE LIABLE FOR UNDERPAYMENT TO THE
 THIRD-PARTY FUND ADMINISTRATOR UNLESS THE FISCAL OFFICER DETERMINES,  IN
 ITS  SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT OF, OR CAUSED
 BY, CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE  AND/OR  FOR  FRAUDULENT  OR
 INACCURATE  CONTRACTOR  CERTIFIED  PAYROLL  REPORTS  AND/OR PROJECT-WIDE
 CERTIFIED PAYROLL REPORTS. THE APPLICANT SHALL OTHERWISE NOT  BE  LIABLE
 IN  ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD-PARTY FUND ADMINIS-
 TRATOR HAS BEEN MADE IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE  CERTI-
 FIED  PAYROLL REPORT. OTHER THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO
 THE THIRD-PARTY FUND ADMINISTRATOR, ALL FINES AND PENALTIES SET FORTH IN
 S. 8306                            69                            A. 8806
 
 THIS SUBDIVISION IMPOSED BY THE FISCAL OFFICER  SHALL  BE  PAID  TO  THE
 AGENCY AND USED BY THE AGENCY TO PROVIDE AFFORDABLE HOUSING.
   (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE
 RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED,
 HOWEVER,  THAT  THIS  SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER OF ANY
 EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED
 TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR
 RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION  RELIEVES
 ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   (H)  THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE AND
 ENFORCE ANY LIABILITY FOR UNDERPAYMENT OWING  TO  THE  THIRD-PARTY  FUND
 ADMINISTRATOR  FROM  THE APPLICANT AND/OR THE CONTRACTOR, AS A RESULT OF
 CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU-
 RATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE  CERTIFIED
 PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION.  THE
 FISCAL  OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND HEARING
 AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL
 DETERMINE THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER  IN
 HIS  OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A COPY
 OF SUCH ORDER, EITHER PERSONALLY OR BY MAIL,  TOGETHER  WITH  NOTICE  OF
 FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH
 AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND
 SHALL  HAVE  THE  RIGHT TO ISSUE SUBPOENAS, ADMINISTER OATHS AND EXAMINE
 WITNESSES. THE ENFORCEMENT OF A SUBPOENA  ISSUED  UNDER  THIS  PARAGRAPH
 SHALL  BE  REGULATED  BY THE CIVIL PRACTICE LAW AND RULES. THE FILING OF
 SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK-
 ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND
 IN THE NAME OF THE FISCAL OFFICER IN THE  SAME  MANNER,  AND  WITH  LIKE
 EFFECT,  AS  THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE
 ENFORCEMENT OF A MONEY JUDGMENT.
   4. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN
 ELIGIBLE SITE MUST, OVER THE COURSE OF THE DESIGN  AND  CONSTRUCTION  OF
 SUCH  ELIGIBLE  SITE,  MAKE ALL REASONABLE EFFORTS TO SPEND ON CONTRACTS
 WITH MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST  TWENTY-FIVE
 PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE
 DEFINED  IN  RULES  OF  THE  AGENCY. SUCH RULES SHALL SET FORTH REQUIRED
 MEASURES WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT  ARE
 COMPARABLE,  TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY AGENCIES
 OF THE CITY OF NEW YORK TO ENHANCE MINORITY  AND  WOMEN  OWNED  BUSINESS
 ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW,
 INCLUDING  SECTION  6-129  OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
 YORK.
   5. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT  TO
 THIS  SECTION,  THE  OWNER  OF  ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM
 BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS
 ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
   (A) WITH RESPECT TO EACH ELIGIBLE  MULTIPLE  DWELLING  CONSTRUCTED  ON
 SUCH  ELIGIBLE  SITE,  REAL  PROPERTY TAXES ON THE ASSESSED VALUATION OF
 SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT  DURING  THE  TAX  YEAR
 PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
 OUT  REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION
 IN EFFECT DURING SUCH TAX YEAR,  WHICH  REAL  PROPERTY  TAXES  SHALL  BE
 CALCULATED  USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE;
 AND
   (B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
 S. 8306                            70                            A. 8806
 
   6. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE  AGGREGATE
 FLOOR  AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
 AN ELIGIBLE SITE, OTHER THAN PARKING WHICH  IS  LOCATED  NOT  MORE  THAN
 TWENTY-THREE  FEET  ABOVE  THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE
 AGGREGATE  FLOOR  AREA  IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS
 SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS.  IF  AN  ELIGIBLE
 SITE  CONTAINS  MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION
 IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA  AMONG  ANY
 NON-RESIDENTIAL  TAX  LOTS.  AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE
 FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN
 ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA  AMONG  THE
 REMAINING RESIDENTIAL TAX LOTS.
   7.  CALCULATION  OF  BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
 CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY  PROGRAM  BENEFITS,  THE
 ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
 BE EXEMPTED.
   8.  AFFORDABILITY  REQUIREMENTS.  A  RENTAL  PROJECT SHALL MAINTAIN AN
 AFFORDABILITY PERCENTAGE AT OR ABOVE THE MINIMUM AFFORDABILITY  PERCENT-
 AGE  SET  FORTH IN REGULATIONS PROMULGATED BY THE AGENCY. THE AFFORDABLE
 DWELLING UNITS WITHIN A RENTAL PROJECT SHALL COMPLY WITH THE AREA MEDIAN
 INCOME AFFORDABILITY LEVEL OR LEVELS SET FORTH PURSUANT  TO  REGULATIONS
 PROMULGATED  BY  THE AGENCY. IN SETTING THE AFFORDABILITY PERCENTAGE AND
 THE AREA MEDIAN INCOME LEVELS, THE AGENCY SHALL CONSIDER  THE  FOLLOWING
 GOALS  AND  FACTORS:  THE PRODUCTION OF FINANCIALLY VIABLE, HIGH QUALITY
 AND SAFE HOUSING, PARTICULARLY IN WELL-RESOURCED AREAS  WITH  HIGH  LAND
 ACQUISITION COSTS, THAT MEET THE NEEDS OF LOW AND MODERATE INCOME HOUSE-
 HOLDS AND INDIVIDUALS.
   (A)  ALL  RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN
 SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A  SPECIFIC
 FLOOR  OR AREA OF AN ELIGIBLE MULTIPLE DWELLING.  COMMON ENTRANCES SHALL
 MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL  DWELLING  UNIT
 IN  THE  ELIGIBLE  MULTIPLE  DWELLING  FOR  INGRESS AND EGRESS FROM SUCH
 ELIGIBLE MULTIPLE DWELLING.
   (B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR  LOCAL
 HOUSING  PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
 MULTIPLE DWELLING SHALL HAVE A  UNIT  MIX  PROPORTIONAL  TO  THE  MARKET
 UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN
 AN  ELIGIBLE  MULTIPLE  DWELLING  SHALL HAVE TWO OR MORE BEDROOMS AND NO
 MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE
 LESS THAN ONE BEDROOM.
   (C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
 RY, ALL AFFORDABLE HOUSING UNITS SHALL  REMAIN  FULLY  SUBJECT  TO  RENT
 STABILIZATION   BOTH   DURING  AND  SUBSEQUENT  TO  THE  SMALL  BUILDING
 RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA-
 BLE.
   (D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO  BE  FILED  SHALL
 CONTAIN  A  DESIGNATION  THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
 UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS-
 ING UNITS" AND SHALL CONTAIN AN EXPLANATION  OF  THE  REQUIREMENTS  THAT
 APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
   (E)  FAILURE  TO  COMPLY  WITH THE PROVISIONS OF THIS SUBDIVISION THAT
 REQUIRE THE CREATION, MAINTENANCE,  RENT  STABILIZATION  COMPLIANCE  AND
 OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
 PROJECT  THE FAILURE TO COMPLY WITH THE AFFORDABLE HOMEOWNERSHIP PROJECT
 S. 8306                            71                            A. 8806

 REQUIREMENTS SHALL RESULT IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR
 THE PERIOD OF SUCH NON-COMPLIANCE.
   (F)  NOTHING  IN  THIS  SECTION SHALL (I) PROHIBIT THE OCCUPANCY OF AN
 AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME  AT  ANY
 TIME  IS  LESS  THAN  THE  MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE  HOUSING  UNIT
 PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE
 FROM  REQUIRING,  UPON  INITIAL  RENTAL  OR  UPON ANY RENTAL FOLLOWING A
 VACANCY, THE OCCUPANCY OF ANY AFFORDABLE  HOUSING  UNIT  BY  SUCH  LOWER
 INCOME INDIVIDUALS OR FAMILIES.
   (G)  FOLLOWING  ISSUANCE  OF  A TEMPORARY CERTIFICATE OF OCCUPANCY AND
 UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL  PROMPTLY
 BE  OFFERED  FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT
 EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN  INCOME,  ADJUSTED  FOR
 FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
 SECTION  AND  WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR
 PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO
 A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE  MARKET
 FOR  A  PERIOD  LONGER  THAN  IS REASONABLY NECESSARY TO PERFORM REPAIRS
 NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY.
   (H) AN AFFORDABLE HOUSING UNIT SHALL NOT BE  RENTED  ON  A  TEMPORARY,
 TRANSIENT  OR  SHORT-TERM  BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
 OPTION OF THE TENANT.
   (I)  AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP-
 ERATIVE OR CONDOMINIUM OWNERSHIP.
   (J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS  THE  AGENCY
 DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS-
 ING  UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI-
 TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE
 MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
 EXEMPTION PURSUANT TO THIS SUBDIVISION. SUCH REQUIREMENTS  MAY  INCLUDE,
 BUT  NEED  NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY
 AND PAID FOR BY THE OWNER.
   (K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE  CONTRARY,  A
 MARKET  UNIT  SHALL  NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
 ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT  WOULD  BE  SUBJECT  TO  RENT
 STABILIZATION.
   9.  BUILDING  SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 EES FOR SUCH APPLICANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  A  PROPERTY
 MANAGEMENT COMPANY OR CONTRACTOR.
   (B)  ALL  BUILDING  SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURA-
 TION OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH  BENE-
 FITS ARE REVOKED OR TERMINATED.
   (C)  THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
 OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL  OFFICER
 SHALL HAVE THE POWER:
   (I)  TO  INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
 THE PREVAILING WAGES FOR BUILDING  SERVICE  EMPLOYEES;  IN  MAKING  SUCH
 INVESTIGATION,  THE  FISCAL  OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT
 DATA FROM VARIOUS SOURCES, INCLUDING,  BUT  NOT  LIMITED  TO,  DATA  AND
 DETERMINATIONS   OF  FEDERAL,  STATE  OR  OTHER  GOVERNMENTAL  AGENCIES,
 S. 8306                            72                            A. 8806
 
 PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT  SHALL  NOT  BE
 CONSIDERED WAGES OR A FRINGE BENEFIT;
   (II)  TO  INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
 ELSEWHERE;
   (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS  PERTAINING  TO  THE
 WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
 EMPLOYEES;
   (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO  ISSUE  SUBPOE-
 NAS,  ADMINISTER  OATHS  AND  EXAMINE  WITNESSES;  THE  ENFORCEMENT OF A
 SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY  THE  CIVIL
 PRACTICE LAW AND RULES;
   (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
 NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
 DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
 EMPLOYEES IN SUCH CLASSIFICATION;
   (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK;
   (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY  OR
 OTHER AUTHORIZED REPRESENTATIVE;
   (VIII)  TO  PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
 THE  PROPER  EXECUTION  OF  THE  DUTIES,  RESPONSIBILITIES  AND   POWERS
 CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND
   (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
 PROVISIONS  OF  THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE  THE  PAYMENT  OF:  (A)
 BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES
 THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR  (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT
 THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS  SUBPARA-
 GRAPH,  HE  OR  SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
 AGENCY.
   (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
   (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING
 UNITS; OR
   (II) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING  UNITS
 ARE  AFFORDABLE  HOUSING  UNITS  AND NOT LESS THAN FIFTY PERCENT OF SUCH
 AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT
 RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY
 BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
 THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION,
 AND  ANNUALLY  THEREAFTER,  CERTIFYING  THAT  IT  SHALL  COMPLY WITH THE
 REQUIREMENTS OF THIS SUBDIVISION.
   (F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST  OF  ALL  ELIGIBLE  SITES
 SUBJECT  TO  THE  REQUIREMENTS  OF  THIS  PARAGRAPH  AND  THE AFFIDAVITS
 REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
   10. REPLACEMENT RATIO. IF THE  LAND  ON  WHICH  AN  ELIGIBLE  SITE  IS
 LOCATED  CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-
 MENT DATE OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH
 ELIGIBLE  MULTIPLE  DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT
 LEAST ONE AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON
 SUCH DATE AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED.
 S. 8306                            73                            A. 8806
 
   11. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   12.   VOLUNTARY   RENUNCIATION  OR  TERMINATION.  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
 OWNER  SHALL  NOT  BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANNY
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION
 PURSUANT TO EITHER THE PRIVATE  HOUSING  FINANCE  LAW  OR  SECTION  FOUR
 HUNDRED TWENTY-C OF THIS TITLE.
   13. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION; PROVIDED, HOWEVER,
 THAT  THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR
 A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION. IF AN APPLI-
 CANT HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF  PARAGRAPH  B
 OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGEN-
 CY  MAY  REVOKE  ANY  BENEFITS  UNDER THIS SECTION. FOR PURPOSES OF THIS
 SUBDIVISION, A "VIOLATION" OF PARAGRAPH B OF SUBDIVISION  NINE  OF  THIS
 SECTION  SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLI-
 CANT HAS FAILED TO COMPLY WITH PARAGRAPH B OF SUBDIVISION NINE  OF  THIS
 SECTION  AND  HAS  FAILED  TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF
 SUCH FINDING.  PROVIDED, HOWEVER, THAT AFTER A  SECOND  SUCH  VIOLATION,
 THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN
 THE  REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFI-
 CER SHALL PUBLISH ON ITS WEBSITE A  LIST  OF  ALL  APPLICANTS  WITH  TWO
 VIOLATIONS  AS  DEFINED  IN THIS PARAGRAPH. IF ANNY PROGRAM BENEFITS ARE
 TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SECTION:  (A)  ALL  OF
 THE  AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION
 AND  ALL  OTHER  REQUIREMENTS  OF  THIS  SECTION  FOR   THE   APPLICABLE
 RESTRICTION PERIOD, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS
 SECTION,  AS  IF  THE  ANNY  PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR
 REVOKED; OR (B) FOR A HOMEOWNERSHIP PROJECT, SUCH PROJECT SHALL CONTINUE
 TO COMPLY WITH AFFORDABILITY REQUIREMENTS SET FORTH IN THIS SECTION  AND
 ALL  OTHER  REQUIREMENTS  OF THIS SECTION FOR THE RESTRICTION PERIOD AND
 ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY
 PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   14. POWERS CUMULATIVE. THE  ENFORCEMENT  PROVISIONS  OF  THIS  SECTION
 SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
 DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR  AVAILABLE  AT
 LAW OR IN EQUITY.
   15. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
 AN  APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX
 LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY  PROGRAM  BENEFITS
 BASED  UPON  THE  TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR
 EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE  OF  SUCH
 MULTIPLE DWELLING.
   16.  APPLICATIONS.  (A)  THE  APPLICATION WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
 AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
   (B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL
 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
 FILED ELECTRONICALLY.
   (C)  THE  AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
 SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF  AN  APPLICA-
 TION.  A  FALSE  CERTIFICATION  BY  SUCH  ARCHITECT OR ENGINEER SHALL BE
 DEEMED TO BE PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
 S. 8306                            74                            A. 8806
 
 HUNDRED  NINE  OF  THE  EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
 TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
 SECTION  SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL THERE-
 AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION.
   (D) THE AGENCY  SHALL  NOT  REQUIRE  THAT  THE  APPLICANT  DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   17.  FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
 DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY  APPLICATION.  HOWEVER,
 THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
 CONTAINING  ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL
 ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
 LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A  PROGRAM  FOR
 THE DEVELOPMENT OF AFFORDABLE HOUSING.
   18.  RULES.  EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE OF THIS
 SECTION, THE AGENCY  SHALL  HAVE  THE  SOLE  AUTHORITY  TO  ENFORCE  THE
 PROVISIONS  OF  THIS  SECTION  AND MAY PROMULGATE RULES TO CARRY OUT THE
 PROVISIONS OF THIS SECTION.
   19. ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE  CONTRA-
 RY,  A  SMALL  RENTAL  PROJECT,  LARGE  RENTAL  PROJECT OR HOMEOWNERSHIP
 PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO  THOU-
 SAND  TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION FOUR
 HUNDRED TWENTY-ONE-A OF THIS TITLE PRIOR TO THE EFFECTIVE  DATE  OF  THE
 CHAPTER  OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS SECTION
 MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM  BENEFITS
 PURSUANT TO THIS SECTION.
   20.  REPORTING.  ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS-
 SIONER OF THE NEW YORK  CITY  DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT  SHALL  ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE AND THE SPEAKER OF THE  ASSEMBLY  SETTING  FORTH  THE
 NUMBER  OF  TOTAL  PROJECTS  AND  UNITS CREATED BY THIS SECTION BY YEAR,
 LEVEL OF AFFORDABILITY, AND  COMMUNITY  BOARD,  THE  COST  OF  THE  ANNY
 PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY
 DEPARTMENT  OF  HOUSING  PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE.
 THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY
 REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE  FROM  ALL  DEPART-
 MENTS,  DIVISIONS,  BOARDS,  BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO-
 RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF  NEW  YORK  OR
 ANY  OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE-
 FITS PURSUANT TO THIS SECTION.
   21. PENALTIES FOR VIOLATIONS OF  LARGE  RENTAL  PROJECT  AFFORDABILITY
 REQUIREMENTS.  (A)  ON  AND AFTER THE EXPIRATION DATE OF THE THIRTY-FIVE
 YEAR BENEFIT FOR A LARGE RENTAL PROJECT, THE AGENCY  MAY  IMPOSE,  AFTER
 NOTICE  AND  AN OPPORTUNITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE
 AFFORDABILITY REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION EIGHT  OF
 THIS SECTION BY SUCH LARGE RENTAL PROJECT.  THE AGENCY SHALL ESTABLISH A
 SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION
 SEVENTEEN OF THIS SECTION.
   (B)  A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER OF
 THE ELIGIBLE SITE CONTAINING SUCH LARGE RENTAL PROJECT AT THE  TIME  THE
 VIOLATION  OCCURRED,  EVEN  IF  SUCH  OWNER NO LONGER OWNS SUCH ELIGIBLE
 SITE.  A FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN  AND  SUCH  OTHER
 REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION.
   22.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE THROUGH TWENTY-ONE OF THIS
 SECTION SHALL TAKE EFFECT ONLY UPON THE CONDITIONS  THAT  ON  OR  BEFORE
 S. 8306                            75                            A. 8806

 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE: (A) A MEMORANDUM OF UNDERSTAND-
 ING  IS  EXECUTED  BY ONE, OR MORE, REPRESENTATIVES OF THE LARGEST TRADE
 ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT  OR
 NOT-FOR-PROFIT,  IN  NEW  YORK  CITY  AS WELL AS ONE, OR MORE, REPRESEN-
 TATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND
 CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY, AND  (B)  NOTICE
 OF  SUCH  FULL  EXECUTION  IS DELIVERED TO THE LEGISLATIVE BILL DRAFTING
 COMMISSION. SUCH MEMORANDUM OF UNDERSTANDING  SHALL  INCLUDE  PROVISIONS
 REGARDING  WAGES  OR WAGE SUPPLEMENTS FOR CONSTRUCTION WORKERS ON BUILD-
 INGS OVER FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY THE BENEFITS OF  THIS
 SECTION;  PROVIDED,  HOWEVER,  THAT  SUCH  MEMORANDUM SHALL ALSO ADDRESS
 ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II) APPLICA-
 TION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS, (III) WAGE SCHEDULES
 FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY, AND (IV)  A  SCHEDULE
 OF FINES FOR NON-COMPLIANCE WITH THE WAGE REQUIREMENTS SET FORTH IN THIS
 SECTION.  THE  TERMS  AND  CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING
 SHALL APPLY TO ALL PROJECTS WITH MORE THAN FIFTEEN  UNITS  THAT  RECEIVE
 BENEFITS  UNDER  THIS  SECTION  AFTER THE MEMORANDUM OF UNDERSTANDING IS
 EXECUTED. NOTWITHSTANDING THE FOREGOING, THE ADDITION, AMENDMENT  AND/OR
 REPEAL  OF  ANY  RULE  OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF
 THIS ACT ON ITS EFFECTIVE DATE ARE AUTHORIZED TO BE MADE  AND  COMPLETED
 ON OR BEFORE SUCH EFFECTIVE DATE.
   § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor
 law,  as  added  by  section  1 of part FFF of chapter 58 of the laws of
 2020, are amended and a new paragraph h is added to read as follows:
   f. funds provided pursuant to subdivision  three  of  section  twenty-
 eight hundred fifty-three of the education law; [and]
   g.  any  other public monies, credits, savings or loans, determined by
 the public subsidy board created in section two hundred twenty-four-c of
 this article as exempt from this definition[.]; AND
   H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-X OF THE REAL PROP-
 ERTY TAX LAW.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to  the  clause,  sentence,  paragraph,  subdivision, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  department of housing preservation and development shall notify the
 legislative  bill  drafting  commission  upon  the  occurrence  of   the
 execution of the memorandum of understanding provided for in subdivision
 twenty-two  of  section  485-x  of the real property tax law as added by
 section one of this act in order that the  commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 S. 8306                            76                            A. 8806
 
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through U of this act shall  be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 8306--A                                            A. 8806--A
 
                       S E N A T E - A S S E M B L Y
 
                             January 17, 2024
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence; to amend the education law, in relation to foundation  aid;  to
   amend  the  education  law,  in  relation  to allowable transportation
   expenses; to amend the education law, in  relation  to  transportation
   aid  and the Clean Water, Clean Air, and Green Jobs Environmental Bond
   Act of 2022; to amend the  education  law,  in  relation  to  academic
   enhancement  aid;  to amend the education law, in relation to high tax
   aid; to amend the education law, in relation to  universal  prekinder-
   garten  and the Statewide universal full-day pre-kindergarten program;
   to amend the education law, in relation to implementation of the smart
   schools bond act of 2014; to amend the education law, in  relation  to
   special apportionments and grants-in-aid to school districts; to amend
   chapter  91  of  the laws of 2002 amending the education law and other
   laws  relating  to  reorganization  of  the  New  York   city   school
   construction  authority,  board  of education and community boards, in
   relation to extending the effectiveness thereof; to amend chapter  345
   of  the laws of 2009, amending the education law and other laws relat-
   ing to the New York city board  of  education,  chancellor,  community
   councils, and community superintendents, in relation to the effective-
   ness  thereof;  to  amend  the education law, in relation to state aid
   adjustments; to amend the education  law,  in  relation  to  extending
   certain provisions of the teachers of tomorrow teacher recruitment and
   retention  program; to amend the education law, in relation to maximum
   class sizes for special classes for certain  students  with  disabili-
   ties;  to amend chapter 82 of the laws of 1995, amending the education
   law and other laws relating to state aid to school districts  and  the
   appropriation  of  funds for the support of government, in relation to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-02-4
 S. 8306--A                          2                         A. 8806--A
 
   the effectiveness thereof; to amend chapter 756 of the  laws  of  1992
   relating  to  funding  a program for work force education conducted by
   the consortium for worker education in New York city, in  relation  to
   reimbursement  for  the 2023-2024 school year withholding a portion of
   employment preparation education aid and in relation to the effective-
   ness thereof; to amend the education law, in relation to the financing
   of charter schools; to amend part A of chapter 56 of the laws of  2023
   directing the education department to conduct a comprehensive study of
   alternative  tuition rate-setting methodologies for approved providers
   operating school-age and preschool programs receiving  state  funding,
   in relation to extending the date for the submission of such recommen-
   dations; to amend chapter 169 of the laws of 1994, relating to certain
   provisions related to the 1994-95 state operations, aid to localities,
   capital  projects  and debt service budgets, in relation to the effec-
   tiveness thereof; to amend chapter 97 of the laws  of  2011,  amending
   the  education  law  relating  to census reporting, in relation to the
   effectiveness thereof; providing for special apportionment for  salary
   expenses;  providing  for  special  apportionment  for  public pension
   accruals; providing for set-asides from the state funds which  certain
   districts  are  receiving from the total foundation aid; and providing
   for support of public libraries; to repeal certain provisions  of  the
   education  law relating to phase-in foundation increase; and to repeal
   certain provisions of the education law  relating  to  foundation  aid
   (Part  A);  to  amend  the  education law, in relation to establishing
   evidence-based  reading  instructional  best  practices  for  students
   attending  prekindergarten  through grade three (Part B); to amend the
   education law, in relation to directing the commissioner of  education
   to  require  the completion of a FAFSA or a waiver of such requirement
   and  requires  school  districts  issue  annual  reports  on  students
   completing  the  FAFSA and the waiver (Part C); to amend the education
   law, in relation to eligibility for unrestricted  aid  to  independent
   colleges  and  universities  (Part  D); to amend the education law, in
   relation to ensuring informational coordination between  state  educa-
   tional  agencies  (Part  E);  to amend chapter 260 of the laws of 2011
   amending the education law and the New York  state  urban  development
   corporation  act  relating  to  establishing components of the NY-SUNY
   2020 challenge grant program, in relation to the effectiveness thereof
   (Part F); to amend part N of chapter 56 of the laws of 2020,  amending
   the  social services law relating to restructuring financing for resi-
   dential school placements, in relation to  the  effectiveness  thereof
   (Part  G); to amend the social services law, in relation to increasing
   the standards of monthly need for aged,  blind  and  disabled  persons
   living  in  the  community (Part H); to amend the family court act and
   the domestic relations law, in relation to establishment and modifica-
   tion of child support orders (Part I); to  amend  the  labor  law,  in
   relation  to nursing employees' right to express breast milk (Part J);
   to amend the labor law, in relation to limiting liquidated damages  in
   certain  frequency of pay violations (Part K); to amend the labor law,
   in relation to civil penalties for violations  of  certain  provisions
   for  the payment of wages (Part L); to amend chapter 25 of the laws of
   2020, relating to  providing  requirements  for  sick  leave  and  the
   provision  of  certain employee benefits when such employee is subject
   to a mandatory or precautionary order of quarantine or  isolation  due
   to COVID-19, in relation to providing for the expiration and repeal of
   such  provisions  (Part M); to utilize reserves in the mortgage insur-
   ance fund for various housing purposes (Part N); to amend the criminal
 S. 8306--A                          3                         A. 8806--A
 
   procedure law and the penal law, in relation  to  the  crime  of  deed
   theft;  to  amend  the  real  property actions and proceedings law, in
   relation to the partition of heirs' property; and to  amend  the  real
   property  law,  in  relation to allowing transfer on death deeds (Part
   O); relating to the conveyance and use  of  real  property  owned  and
   maintained by the State University of New York at Farmingdale (Subpart
   A);  relating  to  the  conveyance  and use of real property owned and
   maintained by the State University of New York at Stony Brook (Subpart
   B); and relating to the conveyance and use of real property owned  and
   maintained by the New York State Department of Transportation (Subpart
   C)  (Part  P);  to  amend  the  multiple  dwelling law, in relation to
   authorizing a city of one million or more to remove  the  cap  on  the
   floor area ratio of certain dwellings (Part Q); to amend the labor law
   and  the real property tax law, in relation to the exemption from real
   property taxation of certain multiple dwellings in  a  city  having  a
   population  of  one  million  or  more (Part R); to amend the multiple
   dwelling law, in relation to establishing a program to  address    the
   legalization  of  specified basement and cellar dwelling units and the
   conversion of other specified basement and cellar dwelling units in  a
   city  with  a population of one million or more (Part S); to amend the
   real property tax law, in  relation  to  eligible  multiple  dwellings
   under  the  affordable New York housing program (Part T); and to amend
   the real property tax law and the labor law, in relation  to  enacting
   the affordable neighborhoods for New Yorkers tax incentive (Part U)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 necessary  to  implement  the state education, labor, housing and family
 assistance budget for the 2024-2025 state fiscal year. Each component is
 wholly contained within a Part identified as  Parts  A  through  U.  The
 effective  date for each particular provision contained within such Part
 is set forth in the last section of such  Part.  Any  provision  in  any
 section  contained  within  a  Part, including the effective date of the
 Part, which makes a reference to a section "of this act", when  used  in
 connection  with  that particular component, shall be deemed to mean and
 refer to the corresponding section of the Part in  which  it  is  found.
 Section  three of this act sets forth the general effective date of this
 act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2023, is amended to read as follows:
   e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
 district  that  submitted a contract for excellence for the two thousand
 eight--two thousand nine school year shall submit a contract for  excel-
 lence  for  the  two  thousand  nine--two  thousand  ten  school year in
 conformity with the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of this section unless all schools in the district are
 identified as in good standing  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 nine--two thousand ten school year, unless all schools in  the  district
 S. 8306--A                          4                         A. 8806--A

 are  identified  as in good standing, shall submit a contract for excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than  the  product  of  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
 district's  gap  elimination  adjustment percentage and provided further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for excellence for the two thousand twelve--two thousand thir-
 teen school  year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the  two  thousand  eleven--two  thousand  twelve  school  year  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  twelve--two  thousand  thirteen  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year  and  provided  further  that,  a  school district that submitted a
 contract for excellence for  the  two  thousand  thirteen--two  thousand
 fourteen  school year, unless all schools in the district are identified
 as in good standing, shall submit a contract for excellence for the  two
 thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand  fourteen  school  year;  and  provided  further that, a school
 district that submitted a contract for excellence for the  two  thousand
 fourteen--two  thousand  fifteen  school year, unless all schools in the
 district are identified as in good standing, shall submit a contract for
 excellence for the two thousand  fifteen--two  thousand  sixteen  school
 year  which shall, notwithstanding the requirements of subparagraph (vi)
 of paragraph a of subdivision two  of  this  section,  provide  for  the
 expenditure  of  an  amount  which  shall  be  not  less than the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further that a school district that submitted a contract for  excellence
 for  the  two thousand fifteen--two thousand sixteen school year, unless
 all schools in the district are identified as in  good  standing,  shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of  subparagraph (vi) of paragraph a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand fifteen--two  thousand  sixteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand sixteen--two thousand  seventeen  school
 S. 8306--A                          5                         A. 8806--A
 
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 seventeen--two  thousand eighteen school year which shall, notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  and  provided  further  that,  a school district that submitted a
 contract for excellence for the two thousand twenty--two thousand  twen-
 ty-one school year, unless all schools in the district are identified as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-one--two thousand twenty-two school  year  which  shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two  thousand  twenty--two
 thousand  twenty-one  school  year;  and provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 twenty-one--two  thousand  twenty-two school year, unless all schools in
 the district are identified as in good standing, shall submit a contract
 for excellence for the two  thousand  twenty-two--two  thousand  twenty-
 three  school  year  which  shall,  notwithstanding  the requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand twenty-one--two thousand twenty-two school year;
 and provided further that, a school district that submitted  a  contract
 for  excellence  for  the  two thousand twenty-two--two thousand twenty-
 S. 8306--A                          6                         A. 8806--A
 
 three school year, unless all schools in the district are identified  as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-three--two thousand twenty-four school year which shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand  twenty-two--
 two  thousand  twenty-three  school  year;  AND PROVIDED FURTHER THAT, A
 SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR  EXCELLENCE  FOR  THE  TWO
 THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, UNLESS ALL
 SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT
 A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF
 SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION  TWO  OF  THIS  SECTION,
 PROVIDE  FOR  THE  EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
 THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT  FOR  EXCELLENCE
 FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR;
 provided,  however,  that,  in a city school district in a city having a
 population of one million or more, notwithstanding the  requirements  of
 subparagraph (vi) of paragraph a of subdivision two of this section, the
 contract  for  excellence shall provide for the expenditure as set forth
 in subparagraph (v) of paragraph a of subdivision two of  this  section.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" shall be calculated as the sum of one minus the quotient of the sum
 of the school district's net gap elimination adjustment for two thousand
 ten--two thousand eleven computed pursuant to chapter fifty-three of the
 laws  of  two  thousand  ten,  making  appropriations for the support of
 government, plus the school district's gap  elimination  adjustment  for
 two thousand eleven--two thousand twelve as computed pursuant to chapter
 fifty-three  of  the  laws of two thousand eleven, making appropriations
 for the support of the local assistance budget,  including  support  for
 general support for public schools, divided by the total aid for adjust-
 ment  computed  pursuant to chapter fifty-three of the laws of two thou-
 sand eleven, making appropriations  for  the  local  assistance  budget,
 including  support  for  general  support  for public schools. Provided,
 further, that such amount shall be  expended  to  support  and  maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand  ten  school  year  or  to  support  new  or expanded allowable
 programs and activities in the current year.
   § 2. The opening paragraph of subdivision 4 of  section  3602  of  the
 education  law,  as  amended by section 9-b of part CCC of chapter 59 of
 the laws of 2018, is amended to read as follows:
   In addition to any other apportionment pursuant  to  this  chapter,  a
 school  district, other than a special act school district as defined in
 subdivision eight of section four thousand one of this chapter, shall be
 eligible for total foundation aid equal to the  SUM  OF  THE  TRANSITION
 ADJUSTMENT  PLUS  THE  product  of  total aidable foundation pupil units
 multiplied by the district's selected foundation aid, which shall be the
 greater of five hundred  dollars  ($500)  or  foundation  formula  aid[,
 provided,  however  that  for the two thousand seven--two thousand eight
 through two thousand eight--two thousand nine school  years,  no  school
 district  shall receive total foundation aid in excess of the sum of the
 total foundation aid base for aid payable in the two thousand seven--two
 thousand eight school year computed  pursuant  to  subparagraph  (i)  of
 paragraph  j of subdivision one of this section, plus the phase-in foun-
 dation increase computed pursuant to paragraph b  of  this  subdivision,
 S. 8306--A                          7                         A. 8806--A

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

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

 (0.016), and provided further that for the two thousand eight--two thou-
 sand nine school year, such  local  tax  factor  shall  be  one  hundred
 fifty-four  ten  thousandths (0.0154)]. The income wealth index shall be
 calculated pursuant to paragraph d of subdivision three of this section,
 provided, however, that for the purposes of computing the expected mini-
 mum  local  contribution  the income wealth index shall not be less than
 sixty-five percent (0.65) and shall not be more than two hundred percent
 (2.0) [and provided however that such income wealth index shall  not  be
 more  than  ninety-five  percent  (0.95) for the two thousand eight--two
 thousand nine school year, and provided further that such income  wealth
 index  shall  not  be  less than zero for the two thousand thirteen--two
 thousand fourteen school year]. The selected actual valuation  shall  be
 calculated  pursuant  to paragraph c of subdivision one of this section.
 Total wealth foundation pupil units  shall  be  calculated  pursuant  to
 paragraph h of subdivision two of this section.
   § 4. Paragraph b of subdivision 4 of section 3602 of the education law
 is REPEALED and a new paragraph b is added to read as follows:
   B.  TRANSITION  ADJUSTMENT.  THE TRANSITION ADJUSTMENT SHALL EQUAL THE
 PRODUCT OF (1) THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID FOR  THE
 TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AS
 DEFINED IN PARAGRAPH G OF SUBDIVISION THREE OF  THIS  SECTION,  BUT  NOT
 LESS  THAN FIVE TENTHS (0.5), MULTIPLIED BY (2) THE POSITIVE DIFFERENCE,
 IF ANY, OF (I) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE  TO  RECEIVE  IN
 THE  TWO  THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR SCHOOL YEAR
 PURSUANT TO THIS SUBDIVISION LESS (II)  THE  PRODUCT  OF  TOTAL  AIDABLE
 FOUNDATION  PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION
 AID FOR THE TWO THOUSAND TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL
 YEAR COMPUTED PURSUANT TO THIS SUBDIVISION, AS SET FORTH ON THE COMPUTER
 LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
 REQUEST FOR  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND  TWENTY-FIVE
 SCHOOL YEAR AND ENTITLED "BT242-5".
   §  5.  Paragraph  d  of subdivision 4 of section 3602 of the education
 law, as amended by section 6 of part YYY of chapter 59 of  the  laws  of
 2019, is amended to read as follows:
   d.  For  the  two  thousand fourteen--two thousand fifteen through two
 thousand [twenty-three] TWENTY-EIGHT--two thousand  [twenty-four]  TWEN-
 TY-NINE  school  years  a  city school district of a city having a popu-
 lation of one million or more may use amounts  apportioned  pursuant  to
 this subdivision for afterschool programs.
   §  6.  Paragraphs  b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of
 section 3602 of the education law are REPEALED.
   § 7. Paragraph k of subdivision 4 of section 3602 of the education law
 is REPEALED.
   § 8. The undesignated closing paragraph of subdivision  3  of  section
 3602  of  the education law, as added by section 13 of part B of chapter
 57 of the laws of 2007, is amended to read as follows:
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE
 STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO  THOUSAND  TWEN-
 TY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AND  THEREAFTER, SUCH
 RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS.
   § 9. Intentionally omitted.
   § 10. Paragraph j of subdivision 1 of section 3602  of  the  education
 law is amended by adding a new subparagraph (iii) to read as follows:
 S. 8306--A                         10                         A. 8806--A
 
   (III)  THE  TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE TWO THOU-
 SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND  FOR  AID
 CALCULATIONS  FOR  SUBSEQUENT  SCHOOL YEARS BASED ON AID PAYABLE IN SUCH
 SCHOOL YEARS, SHALL BE DEEMED FINAL AND NOT  SUBJECT  TO  CHANGE  ON  OR
 AFTER  JULY  FIRST  OF THE SCHOOL YEAR FOLLOWING THE LAST SCHOOL YEAR IN
 WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI-
 TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION
 FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART.
   § 11. Subparagraphs 2 and 3 of  paragraph  b  of  subdivision  6-f  of
 section  3602  of the education law, as added by section 19 of part H of
 chapter 83 of the laws of 2002,  are amended to read as follows:
   (2) is a construction emergency project to remediate  emergency  situ-
 ations  which  arise  in public school buildings and threaten the health
 and/or safety of building occupants, as a result  of  the  unanticipated
 discovery  of asbestos or other hazardous substances during construction
 work on a school or significant damage caused by a fire, snow storm, ice
 storm, excessive rain, high winds, flood or a similar catastrophic event
 which results in the necessity for immediate repair[; and/or
   (3) if bonded pursuant to paragraph  j  of  subdivision  six  of  this
 section,  would  cause  a  city school district in a city having a popu-
 lation of less than one  hundred  twenty-five  thousand  inhabitants  to
 exceed  ninety-five  percent  of its constitutional debt limit provided,
 however, that any debt issued pursuant to paragraph c of section  104.00
 of the local finance law shall not be included in such calculation].
   §  12.  The  opening  paragraph  of subdivision 2 of section 3623-a of
 education law, as added by section 86 of chapter  474  of  the  laws  of
 1996, is amended to read as follows:
   Allowable transportation capital, debt service and lease expense shall
 include  base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION,
 NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
 ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS  PROVIDED  IN  PARA-
 GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
   §  13. Subdivision 3 of section 3623-a of the education law is amended
 by adding added a new paragraph d to read as follows:
   D. (1) FOR AID PAYABLE IN THE TWO THOUSAND  TWENTY-FOUR--TWO  THOUSAND
 TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
 LAW  TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND
 LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER  SUBDIVISION
 SEVEN  OF  SECTION  THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE
 THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF  OF  A  SCHOOL  DISTRICT,
 PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
 RONMENTAL  CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF OR
 CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE.
   (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
 SERVICE, OR LEASES WHICH  ARE  RELATED  TO  COSTS  ASSOCIATED  WITH  THE
 PURCHASE  OF  OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING
 INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY  VOUCHERS,
 PAYMENTS,  OR  GRANTS  AUTHORIZED  UNDER SECTION 58-0701 OF THE ENVIRON-
 MENTAL CONSERVATION LAW, SUCH ALLOWABLE EXPENSES AT THE  TIME  IN  WHICH
 THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD-
 UCT  OF  THE TRANSPORTATION AID RATIO CALCULATED PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  ARTICLE  MULTIPLIED  BY
 ALLOWABLE  EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS PAID
 ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND  GRANTS  AUTHORIZED  UNDER
 SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
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   (3)  THE  ENTITY  AUTHORIZED  TO  PROVIDE STATE ASSISTANCE PAYMENTS OR
 GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW  SHALL  PROVIDE  TO THE COMMISSIONER A LIST OF
 GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID  ON
 BEHALF  OF  A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO-
 EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO  LATER  THAN  ONE
 MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR.  THIS
 LIST  SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE  TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
 OR  GRANT,  THE  DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT
 RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM   SUCH  VOUCHER,
 THE  DATE  ON  WHICH  THE  PAYMENT  OR GRANT WAS RECEIVED, AND ANY OTHER
 INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   § 14. Paragraph i of subdivision 12 of section 3602 of  the  education
 law,  as  amended  by  section 10 of part A of chapter 56 of the laws of
 2023, is amended to read as follows:
   i. For the two thousand  twenty-one--two  thousand  twenty-two  school
 year  through  the two thousand [twenty-three] TWENTY-FOUR--two thousand
 [twenty-four] TWENTY-FIVE school year, each  school  district  shall  be
 entitled  to  an  apportionment  equal  to the amount set forth for such
 school district as "ACADEMIC ENHANCEMENT"  under  the  heading  "2020-21
 ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
 commissioner in support of the budget for the two  thousand  twenty--two
 thousand  twenty-one school year and entitled "SA202-1", and such appor-
 tionment shall be deemed to satisfy the state obligation to  provide  an
 apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
 hundred forty-one of this article.
   § 15. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as amended by section 11 of part A of chapter 56 of the
 laws of 2023, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts, fifty percent (0.50). Each school district shall be  eligible
 to  receive  a  high tax aid apportionment in the two thousand nine--two
 thousand ten through two thousand twelve--two thousand  thirteen  school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
 listing produced by the commissioner in support of the  budget  for  the
 two  thousand  nine--two thousand ten school year and entitled "SA0910".
 Each school district shall be eligible to receive a high tax aid  appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand  [twenty-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-
 FIVE school year equal to the greater of (1) the amount  set  forth  for
 such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
 YEAR AIDS" in the school aid computer listing produced  by  the  commis-
 sioner  in support of the budget for the two thousand nine--two thousand
 S. 8306--A                         12                         A. 8806--A
 
 ten school year and entitled "SA0910" or (2) the amount  set  forth  for
 such  school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
 MATED AIDS" in the school aid computer listing produced by  the  commis-
 sioner  in  support  of the executive budget for the 2013-14 fiscal year
 and entitled "BT131-4".
   § 16. Paragraph d of subdivision 10 of section 3602-e of the education
 law, as amended by section 23-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   d. Notwithstanding any other provision of this section, apportionments
 under this section greater than the amounts provided in the two thousand
 sixteen--two  thousand  seventeen  school  year  shall  only  be used to
 supplement and not supplant current local  expenditures  of  [state  or]
 local funds on prekindergarten programs and the number of eligible full-
 day  four-year-old  prekindergarten  pupils and eligible full-day three-
 year-old prekindergarten pupils in  such  programs  from  such  sources.
 Current  local  expenditures  shall  include  any  local expenditures of
 [state or] local funds used to supplement or  extend  services  provided
 directly  or  via  contract to eligible children enrolled in a universal
 prekindergarten program pursuant to this section.
   § 17. Subdivision 13 of section 3602-ee of the education law, as added
 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
 read as follows:
   13. Apportionments under this section shall only be used to supplement
 and not supplant current local expenditures of federal[, state] or local
 funds on pre-kindergarten programs and  the  number  of  slots  in  such
 programs from such sources. Current local expenditures shall include any
 local expenditures of federal[, state] or local funds used to supplement
 or  extend  services provided directly or via contract to eligible chil-
 dren enrolled  in  a  universal  pre-kindergarten  program  pursuant  to
 section thirty-six hundred two-e of this part.
   §  18.  Subdivision  16  of  section  3602-ee of the education law, as
 amended by section 16 of part A of chapter 56 of the laws  of  2023,  is
 amended to read as follows:
   16.  The authority of the department to administer the universal full-
 day pre-kindergarten program shall expire June thirtieth,  two  thousand
 [twenty-four]  TWENTY-FIVE; provided that the program shall continue and
 remain in full effect.
   § 19. Paragraphs a and b of subdivision 16  of  section  3641  of  the
 education law, as added by section 2 of part C of chapter 56 of the laws
 of  2014,  subparagraph 3 of paragraph b as amended by section 3 of part
 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
   a. Definitions. The following terms, whenever used or referred  to  in
 this subdivision, unless the context indicates otherwise, shall have the
 following meanings:
   (1) "Bonds" shall mean general obligation bonds issued pursuant to the
 "smart  schools  bond act of 2014" in accordance with article VII of the
 New York state constitution and article five of the state finance law.
   [(2) "Smart schools review board" shall mean a body comprised  of  the
 chancellor  of  the  state  university  of New York, the director of the
 budget, and the commissioner, or their respective designees.
   (3)] (2)  "Smart  schools  investment  plan"  shall  mean  a  document
 prepared by a school district setting forth the smart schools project or
 projects to be undertaken with such district's smart schools allocation.
   [(4)]  (3) "Smart schools project" shall mean a capital project as set
 forth and defined in subparagraphs  FOUR,  five,  six[,]  OR  seven  [or
 eight] of this paragraph.
 S. 8306--A                         13                         A. 8806--A
 
   [(5)]  (4)  "Pre-kindergarten  or  transportable  classroom unit (TCU)
 replacement project" shall mean a capital project which,  as  a  primary
 purpose,  expands  the availability of adequate and appropriate instruc-
 tional space for pre-kindergarten  or  provides  for  the  expansion  or
 construction  of adequate and appropriate instructional space to replace
 TCUs.
   [(6)] (5)  "Community  connectivity  project"  shall  mean  a  capital
 project  which,  as  a  primary purpose, expands high-speed broadband or
 wireless internet connectivity in the local community, including  school
 buildings  and  campuses,  for  enhanced  educational opportunity in the
 state.
   [(7)] (6) "Classroom technology project" shall mean a capital  project
 to  expand high-speed broadband or wireless internet connectivity solely
 for school buildings and campuses, or  to  acquire  learning  technology
 hardware  for  schools,  classrooms,  and student use, including but not
 limited to whiteboards,  computer  servers,  desktop  computers,  laptop
 computers, and tablet computers.
   [(8)] (7) "School safety and security technology project" shall mean a
 capital  project to install high-tech security features in school build-
 ings and on school campuses, including but not limited to video surveil-
 lance, emergency notification systems and physical access controls,  for
 enhanced educational opportunity in the state.
   [(9)]  (8) "Selected school aid" shall mean the sum of the amounts set
 forth as "FOUNDATION AID", "FULL DAY K  CONVERSION",  "BOCES",  "SPECIAL
 SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
 TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL
 SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL",
 "ACADEMIC ENHANCEMENT", "HIGH TAX AID",  and  "SUPPLEMENTAL  PUB  EXCESS
 COST"  under  the  heading  "2013-14  BASE  YEAR AIDS" in the school aid
 computer listing produced by the commissioner in support of  the  execu-
 tive budget proposal for the two thousand fourteen-fifteen school year.
   [(10)]  (9)  "Smart  schools  allocation"  shall mean, for each school
 district, the product of (i) two billion dollars ($2,000,000,000) multi-
 plied by (ii) the quotient of such school district's selected school aid
 divided by the total selected school aid to all school districts.
   b. Smart schools investment  plans.  (1)  [The  smart  schools  review
 board]  SUBJECT  TO  THE  APPROVAL  OF  THE  DIRECTOR OF THE BUDGET, THE
 COMMISSIONER shall issue guidelines setting  forth  required  components
 and  eligibility  criteria  for  smart  schools  investment  plans to be
 submitted by school districts. Such guidelines shall include but not  be
 limited  to:  (i)  a  timeline  for  school district submission of smart
 schools investment plans; (ii) any requirements for the use of available
 state procurement options where applicable; (iii) any limitations on the
 amount of a district's smart schools allocation that  may  be  used  for
 assets  with  a  short probable life; and (iv) the loan of smart schools
 classroom technology pursuant to section  seven  hundred  fifty-five  of
 this chapter.
   (2)  No  school  district  shall  be entitled to a smart schools grant
 until such district shall have submitted a smart schools investment plan
 to the [smart  schools  review  board]  DEPARTMENT  and  received  [such
 board's]  THE COMMISSIONER'S approval of such investment plan. In devel-
 oping such investment plan, school districts shall consult with parents,
 teachers, students, community members and other stakeholders.
   (3) The [smart schools review board]  COMMISSIONER  shall  review  all
 smart  schools  investment  plans  for  compliance  with all eligibility
 criteria and other requirements set forth in the guidelines. The  [smart
 S. 8306--A                         14                         A. 8806--A

 schools  review board] COMMISSIONER may approve or reject such plans, or
 may return such plans to the school district for modifications; provided
 that notwithstanding any  inconsistent  provision  of  law,  the  [smart
 schools  review  board]  COMMISSIONER  shall  approve no such plan first
 submitted to the department on or after April  fifteenth,  two  thousand
 seventeen, unless such plan calculates the amount of classroom technolo-
 gy  to  be  loaned  to  students attending nonpublic schools pursuant to
 section seven hundred fifty-five  of  this  chapter  in  a  manner  that
 includes  the  amount budgeted by the school district for servers, wire-
 less access  points  and  other  portable  connectivity  devices  to  be
 acquired  as  part  of a school connectivity project. Upon approval, the
 smart schools project or projects described in the investment plan shall
 be eligible for smart schools grants. A smart schools  project  included
 in  a  school district's smart schools investment plan shall not require
 separate approval of the commissioner unless it  is  part  of  a  school
 construction  project  required  to  be  submitted  for  approval of the
 commissioner pursuant to section four  hundred  eight  of  this  chapter
 and/or  subdivision  six of section thirty-six hundred two of this arti-
 cle. Any department, agency or public authority shall provide the [smart
 schools review board] DEPARTMENT with any  information  it  requires  to
 fulfill its duties pursuant to this subdivision.
   (4)  Any  amendments or supplements to a smart schools investment plan
 shall be submitted to the [smart schools review  board]  DEPARTMENT  for
 approval, and shall not take effect until such approval is granted.
   § 20. Section 34 of chapter 91 of the laws of 2002 amending the educa-
 tion  law and other laws relating to reorganization of the New York city
 school construction authority, board of education and community  boards,
 as  amended  by  chapter  364 of the laws of 2022, is amended to read as
 follows:
   § 34. This act shall take effect July 1, 2002; provided, that sections
 one through twenty, twenty-four, and twenty-six through thirty  of  this
 act  shall  expire and be deemed repealed June 30, [2024] 2028 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2024] 2028 the provisions of subdivisions
 3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
 b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
 2554  of  the  education  law  as repealed by section three of this act,
 subdivision 1 of section 2590-b of the  education  law  as  repealed  by
 section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
 2590-b of the education law as repealed by section seven  of  this  act,
 section 2590-c of the education law as repealed by section eight of this
 act, paragraph c of subdivision 2 of section 2590-d of the education law
 as  repealed by section twenty-six of this act, subdivision 1 of section
 2590-e of the education law as repealed by section twenty-seven of  this
 act,  subdivision  28 of section 2590-h of the education law as repealed
 by section twenty-eight of this act, subdivision 30 of section 2590-h of
 the education law as repealed by section twenty-nine of this act, subdi-
 vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
 section  thirty  of  this  act  shall  be  revived  and  be read as such
 provisions existed in law on the date immediately preceding  the  effec-
 tive  date of this act; provided, however, that sections seven and eight
 of this act shall take effect on November  30,  2003;  provided  further
 that  the  amendments to subdivision 25 of section 2554 of the education
 law made by section two of this act shall be subject to  the  expiration
 and  reversion of such subdivision pursuant to section 12 of chapter 147
 S. 8306--A                         15                         A. 8806--A
 
 of the laws of 2001, as amended, when upon such date the  provisions  of
 section four of this act shall take effect.
   §  21. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
 amending the education law and other laws relating to the New York  city
 board  of education, chancellor, community councils and community super-
 intendents, as amended by chapter 364 of the laws of 2022, is amended to
 read as follows:
   12. any provision in sections one, two, three, four, five, six, seven,
 eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
 section  17 of chapter 123 of the laws of 2003, as amended, shall expire
 and be deemed repealed June 30, [2024] 2028.
   § 22. Paragraph a of subdivision 5 of section 3604  of  the  education
 law,  as  amended by chapter 161 of the laws of 2005, is amended to read
 as follows:
   a. State aid adjustments. All errors or omissions in the apportionment
 shall be corrected by the commissioner. Whenever a school  district  has
 been  apportioned  less  money  than  that  to which it is entitled, the
 commissioner may allot to such district the balance to which it is enti-
 tled. Whenever a school district has been apportioned  more  money  than
 that  to which it is entitled, the commissioner may, by an order, direct
 such moneys to be paid back to the state to be credited to  the  general
 fund  local  assistance  account  for  state  aid to the schools, or may
 deduct such amount from the  next  apportionment  to  be  made  to  said
 district,  provided, however, that, upon notification of excess payments
 of aid for which a recovery must be made by the state through  deduction
 of  future  aid payments, a school district may request that such excess
 payments be  recovered  by  deducting  such  excess  payments  from  the
 payments due to such school district and payable in the month of June in
 (i) the school year in which such notification was received and (ii) the
 two  succeeding  school  years,  provided further that there shall be no
 interest penalty assessed against such  district  or  collected  by  the
 state.  Such  request  shall be made to the commissioner in such form as
 the commissioner shall prescribe, and shall be  based  on  documentation
 that the total amount to be recovered is in excess of one percent of the
 district's  total  general  fund  expenditures  for the preceding school
 year. The amount to be deducted in the first year shall be  the  greater
 of  (i) the sum of the amount of such excess payments that is recognized
 as a liability due to other governments by the district for the  preced-
 ing  school year and the positive remainder of the district's unreserved
 fund balance at the close of the preceding school year less the  product
 of  the  district's  total  general  fund expenditures for the preceding
 school year multiplied by five percent, or (ii) one-third of such excess
 payments. The amount to be recovered in the second year shall equal  the
 lesser  of  the remaining amount of such excess payments to be recovered
 or one-third of such excess payments, and the remaining amount  of  such
 excess  payments  shall be recovered in the third year. Provided further
 that, notwithstanding any other  provisions  of  this  subdivision,  any
 pending  payment  of moneys due to such district as a prior year adjust-
 ment payable pursuant to paragraph c of this subdivision for aid  claims
 that  had been previously paid as current year aid payments in excess of
 the amount to which the district is entitled and for which  recovery  of
 excess  payments  is  to  be  made  pursuant to this paragraph, shall be
 reduced at the time of  actual  payment  by  any  remaining  unrecovered
 balance  of such excess payments, and the remaining scheduled deductions
 of such excess payments pursuant to this paragraph shall be  reduced  by
 S. 8306--A                         16                         A. 8806--A
 
 the  commissioner  to reflect the amount so recovered. [The commissioner
 shall certify no payment to a school district based on a claim submitted
 later than three years after the close of the school year in which  such
 payment  was first to be made.  For claims for which payment is first to
 be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
 the  commissioner shall certify no payment to a school district based on
 a claim submitted later than two years after the close  of  such  school
 year.] For claims for which payment is first to be made [in the nineteen
 hundred  ninety-seven--ninety-eight school year and thereafter] PRIOR TO
 THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, the
 commissioner shall certify no payment to a school district  based  on  a
 claim submitted later than one year after the close of such school year.
 FOR  CLAIMS  FOR  WHICH  PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
 TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND  THEREAFTER,  THE
 COMMISSIONER  SHALL  CERTIFY  NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
 CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF  SUCH  SCHOOL  YEAR.
 Provided,  however,  no  payments  shall be barred or reduced where such
 payment is required as a result of a final audit of the  state.  [It  is
 further  provided  that,  until June thirtieth, nineteen hundred ninety-
 six, the commissioner may grant a waiver from  the  provisions  of  this
 section  for any school district if it is in the best educational inter-
 ests of the district pursuant to guidelines developed by the commission-
 er and approved by the director of the budget.] IT IS  FURTHER  PROVIDED
 THAT  FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED
 ONE, SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED
 FIFTY-THREE,  NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX
 HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX  HUNDRED  TWO-E  AND
 FORTY-FOUR  HUNDRED  FIVE  OF  THIS CHAPTER FOR THE TWO THOUSAND TWENTY-
 THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO  THOU-
 SAND TWENTY-FIVE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT
 TO  A  SCHOOL  DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS
 SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
 THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
 FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE
 COMMISSIONER  IN  SUPPORT  OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
 THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE STATE FISCAL YEAR
 AND ENTITLED "BT242-5", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
 PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN  HUNDRED  ELEVEN,
 SEVEN  HUNDRED  FIFTY-ONE,  SEVEN  HUNDRED FIFTY-THREE, NINETEEN HUNDRED
 FIFTY,   THIRTY-SIX HUNDRED TWO, THIRTY-SIX  HUNDRED  TWO-B,  THIRTY-SIX
 HUNDRED  TWO-C,  THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
 THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FIVE--TWO  THOUSAND  TWENTY-SIX
 SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
 A  SCHOOL  DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
 ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
 PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
 USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
 SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
 STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
   § 23. The opening paragraph of section 3609-a of the education law, as
 amended  by  section  18 of part A of chapter 56 of the laws of 2023, is
 amended to read as follows:
   For aid payable in the two thousand seven--two thousand  eight  school
 year  through  the  two  thousand twenty-three--two thousand twenty-four
 school year, "moneys apportioned" shall mean the lesser of (i)  the  sum
 of  one  hundred  percent  of  the  respective amount set forth for each
 S. 8306--A                         17                         A. 8806--A
 
 school district as payable pursuant to this section in  the  school  aid
 computer  listing  for  the current year produced by the commissioner in
 support of the budget which includes the appropriation for  the  general
 support  for  public schools for the prescribed payments and individual-
 ized payments due prior to April first for the  current  year  plus  the
 apportionment  payable during the current school year pursuant to subdi-
 vision six-a and subdivision fifteen of section thirty-six  hundred  two
 of  this  part  minus  any  reductions  to current year aids pursuant to
 subdivision seven of section thirty-six hundred four of this part or any
 deduction from  apportionment  payable  pursuant  to  this  chapter  for
 collection  of a school district basic contribution as defined in subdi-
 vision eight of section forty-four hundred one of this chapter, less any
 grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
 vision  four  of section ninety-two-c of the state finance law, less any
 grants provided pursuant to subdivision five  of  section  ninety-seven-
 nnnn  of  the  state  finance  law, less any grants provided pursuant to
 subdivision twelve of section thirty-six hundred forty-one of this arti-
 cle, or (ii) the apportionment calculated by the commissioner  based  on
 data  on  file  at  the time the payment is processed; provided however,
 that for the purposes of any payments  made  pursuant  to  this  section
 prior  to  the  first  business  day of June of the current year, moneys
 apportioned shall not include any aids payable pursuant to  subdivisions
 six  and  fourteen,  if applicable, of section thirty-six hundred two of
 this part as current year aid for  debt  service  on  bond  anticipation
 notes  and/or bonds first issued in the current year or any aids payable
 for full-day kindergarten for the current year pursuant  to  subdivision
 nine  of section thirty-six hundred two of this part. The definitions of
 "base year" and "current year"  as  set  forth  in  subdivision  one  of
 section thirty-six hundred two of this part shall apply to this section.
 [For  aid payable in the two thousand twenty-three--two thousand twenty-
 four school year, reference to such "school aid computer listing for the
 current year" shall mean the  printouts  entitled  "SA232-4".]  FOR  AID
 PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR  AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I)
 THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT  SET  FORTH  FOR
 EACH  SCHOOL  DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL
 AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY  THE  COMMISSIONER
 IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
 ATION FOR THE GENERAL SUPPORT FOR  PUBLIC  SCHOOLS  FOR  THE  PRESCRIBED
 PAYMENTS  AND  INDIVIDUALIZED  PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE
 CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT  SCHOOL
 YEAR  PURSUANT  TO  SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX
 HUNDRED TWO OF THIS PART MINUS  ANY  REDUCTIONS  TO  CURRENT  YEAR  AIDS
 PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
 PART  OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP-
 TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN
 SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED  ONE  OF  THIS  CHAPTER,
 LESS  ANY  GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B
 OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE  STATE  FINANCE  LAW,
 LESS  ANY  GRANTS PROVIDED PURSUANT TO SUBDIVISIONS SIX OF SECTION NINE-
 TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED  PURSU-
 ANT  TO  SUBDIVISION  TWELVE  OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF
 THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY  THE  COMMISSIONER
 BASED  ON  DATA  ON  FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED
 HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS  MADE  PURSUANT  TO  THIS
 SECTION  PRIOR  TO  THE  FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR,
 S. 8306--A                         18                         A. 8806--A

 MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
 VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION  THIRTY-SIX  HUNDRED
 TWO  OF  THIS  PART  AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC-
 IPATION  NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
 PAYABLE FOR FULL-DAY KINDERGARTEN  FOR  THE  CURRENT  YEAR  PURSUANT  TO
 SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID
 PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR,  REFERENCE  TO  SUCH  "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
 YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT242-5".
   § 24. Paragraph b of subdivision 2 of section 3612  of  the  education
 law,  as  amended by section 22 of part YYY of chapter 59 of the laws of
 2019, is amended to read as follows:
   b. Such grants shall be awarded to school districts, within the limits
 of funds appropriated therefor, through a competitive process that takes
 into consideration the magnitude of any  shortage  of  teachers  in  the
 school  district, the number of teachers employed in the school district
 who hold temporary licenses to teach in the public schools of the state,
 the number of provisionally certified teachers, the fiscal capacity  and
 geographic  sparsity  of  the  district,  the number of new teachers the
 school district intends to hire in the coming school year and the number
 of summer in the city student internships proposed by an eligible school
 district, if applicable. Grants provided pursuant to this section  shall
 be used only for the purposes enumerated in this section.  Notwithstand-
 ing  any  other provision of law to the contrary, a city school district
 in a city having a population of one million or more inhabitants receiv-
 ing a grant pursuant to this section may use no more than eighty percent
 of such grant funds for any  recruitment,  retention  and  certification
 costs  associated  with transitional certification of teacher candidates
 for the school years two thousand  one--two  thousand  two  through  two
 thousand  [twenty-three]  TWENTY-EIGHT--two thousand [twenty-four] TWEN-
 TY-NINE.
   § 25. Subdivision 6 of section 4402 of the education law,  as  amended
 by  section 23 of part YYY of chapter 59 of the laws of 2019, is amended
 to read as follows:
   6. Notwithstanding any other law, rule or regulation to the  contrary,
 the  board  of  education of a city school district with a population of
 one hundred twenty-five thousand or more inhabitants shall be  permitted
 to  establish  maximum  class  sizes  for  special  classes  for certain
 students with disabilities in accordance with  the  provisions  of  this
 subdivision. For the purpose of obtaining relief from any adverse fiscal
 impact  from under-utilization of special education resources due to low
 student attendance in  special  education  classes  at  the  middle  and
 secondary level as determined by the commissioner, such boards of educa-
 tion  shall, during the school years nineteen hundred ninety-five--nine-
 ty-six through June thirtieth, two thousand  [twenty-four]  TWENTY-NINE,
 be  authorized  to  increase  class  sizes in special classes containing
 students with disabilities whose age ranges are equivalent to  those  of
 students  in middle and secondary schools as defined by the commissioner
 for purposes of this section by up to but not  to  exceed  one  and  two
 tenths  times the applicable maximum class size specified in regulations
 of the commissioner rounded up to the  nearest  whole  number,  provided
 that  in  a  city  school district having a population of one million or
 more, classes that have a maximum class size of fifteen may be increased
 by no more than one student and  provided  that  the  projected  average
 class  size  shall  not  exceed  the maximum specified in the applicable
 regulation, provided that such authorization  shall  terminate  on  June
 S. 8306--A                         19                         A. 8806--A
 
 thirtieth, two thousand. Such authorization shall be granted upon filing
 of  a  notice by such a board of education with the commissioner stating
 the board's intention to increase such class sizes and  a  certification
 that  the  board  will  conduct  a  study  of attendance problems at the
 secondary level and will implement a corrective action plan to  increase
 the  rate of attendance of students in such classes to at least the rate
 for students attending regular education classes in secondary schools of
 the district.  Such  corrective  action  plan  shall  be  submitted  for
 approval  by  the commissioner by a date during the school year in which
 such board increases class sizes as provided pursuant to  this  subdivi-
 sion  to  be  prescribed  by the commissioner. Upon at least thirty days
 notice to the board of education, after conclusion of the school year in
 which such board increases class sizes  as  provided  pursuant  to  this
 subdivision,  the  commissioner  shall  be  authorized to terminate such
 authorization upon a finding that the board has  failed  to  develop  or
 implement an approved corrective action plan.
   §  26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
 of 1995, amending the education law and other laws relating to state aid
 to school districts and the appropriation of funds for  the  support  of
 government,  as  amended  by section 38 of part YYY of chapter 59 of the
 laws of 2019, are amended to read as follows:
   (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
 fourteen,  one hundred fifteen and one hundred sixteen of this act shall
 take effect on July 1, 1995; provided, however, that section one hundred
 thirteen of this act shall remain in full force and effect until July 1,
 [2024] 2029 at which time it shall be deemed repealed;
   (24) sections one hundred eighteen through one hundred thirty of  this
 act  shall  be deemed to have been in full force and effect on and after
 July 1, 1995; provided further, however, that the amendments made pursu-
 ant to section one hundred twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2024] 2029;
   § 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
 relating  to funding a program for work force education conducted by the
 consortium for worker education in New York city, as amended by  section
 20  of  part  A of chapter 56 of the laws of 2023, is amended to read as
 follows:
   b. Reimbursement for programs approved in accordance with  subdivision
 a  of  this section for the reimbursement for the 2018--2019 school year
 shall not exceed 59.4 percent of the lesser of such approvable costs per
 contact hour or fourteen dollars and ninety-five cents per contact hour,
 reimbursement for the 2019--2020  school  year  shall  not  exceed  57.7
 percent  of  the  lesser  of  such  approvable costs per contact hour or
 fifteen dollars sixty cents per  contact  hour,  reimbursement  for  the
 2020--2021  school  year  shall not exceed 56.9 percent of the lesser of
 such approvable costs per contact hour or sixteen  dollars  and  twenty-
 five  cents  per  contact  hour, reimbursement for the 2021--2022 school
 year shall not exceed 56.0 percent of  the  lesser  of  such  approvable
 costs  per  contact  hour or sixteen dollars and forty cents per contact
 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 sixteen  dollars  and  sixty cents per contact hour, [and] reimbursement
 for the 2023--2024 school year shall not  exceed  54.7  percent  of  the
 lesser  of  such  approvable costs per contact hour or seventeen dollars
 and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025
 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
 BLE COSTS PER CONTACT HOUR OR NINETEEN DOLLARS AND TEN CENTS PER CONTACT
 S. 8306--A                         20                         A. 8806--A
 
 HOUR, and where a contact hour represents sixty minutes  of  instruction
 services  provided  to  an  eligible  adult.   Notwithstanding any other
 provision of law to the contrary, for the 2018--2019  school  year  such
 contact  hours  shall  not  exceed  one million four hundred sixty-three
 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
 year such contact hours  shall  not  exceed  one  million  four  hundred
 forty-four   thousand  four  hundred  forty-four  (1,444,444);  for  the
 2020--2021 school year such contact hours shall not exceed  one  million
 four  hundred  six thousand nine hundred twenty-six (1,406,926); for the
 2021--2022 school year such contact hours shall not exceed  one  million
 four  hundred  sixteen  thousand one hundred twenty-two (1,416,122); for
 the 2022--2023 school year such  contact  hours  shall  not  exceed  one
 million  four  hundred six thousand nine hundred twenty-six (1,406,926);
 [and] for the 2023--2024 school year such contact hours shall not exceed
 one million three hundred forty-two thousand nine  hundred  seventy-five
 (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
 NOT  EXCEED  ONE  MILLION SIXTY-THREE THOUSAND EIGHT HUNDRED TWENTY-NINE
 (1,063,829). Notwithstanding any other provision of law to the contrary,
 the apportionment calculated for the city school district of the city of
 New York pursuant to subdivision 11 of section 3602 of the education law
 shall be computed as if such contact hours provided  by  the  consortium
 for  worker education, not to exceed the contact hours set forth herein,
 were eligible for aid in accordance with the provisions of such subdivi-
 sion 11 of section 3602 of the education law.
   § 28. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, is amended by adding a  new  subdivi-
 sion cc to read as follows:
   CC.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR.  NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
 ($11,500,000).
   § 29. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, as amended by section 22 of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   § 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
 repealed June 30, [2024] 2025.
   §  30. Paragraph (d) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-c of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (d)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 S. 8306--A                         21                         A. 8806--A
 
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE,  THE  ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
 DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF  THE  BUDGET
 OF  THE  AVAILABILITY  OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
 AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE  AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L.  117-2).
   §  31. Paragraph (c) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-d of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (c)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR,  FOR  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY  THIRTY-FIVE  MILLION
 DOLLARS  ($35,000,000)  UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT  FROM  THE  ELEMENTARY
 AND  SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
   § 32. Subdivision 3 of section 27 of part A of chapter 56 of the  laws
 of  2023  directing  the education department to conduct a comprehensive
 study of alternative tuition  rate-setting  methodologies  for  approved
 providers  operating  school-age  and preschool programs receiving state
 funding, is amended to read as follows:
   3. The state education department shall  present  its  recommendations
 and  analysis to the governor, the director of the division of the budg-
 et, the temporary president of the senate, the speaker of the  assembly,
 the  chairperson of the senate finance committee, and the chairperson of
 the assembly ways and means committee no later than July 1, [2025] 2027.
 Adoption of any alternative rate-setting methodologies shall be  subject
 to the approval of the director of the division of the budget.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating  to certain provisions related to the 1994-95 state operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 23 of part A of chapter 56 of the laws of 2022, is amended to
 read as follows:
   1. Sections one through seventy of this act shall be  deemed  to  have
 been  in  full  force  and effect as of April 1, 1994 provided, however,
 that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
 through seventy of this act shall expire and be deemed repealed on March
 31, 2000; provided, however, that section twenty of this act shall apply
 only  to  hearings  commenced  prior  to September 1, 1994, and provided
 S. 8306--A                         22                         A. 8806--A
 
 further that section twenty-six of this act shall expire and  be  deemed
 repealed  on  March  31,  1997;  and provided further that sections four
 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
 twenty-one-a  of  this  act shall expire and be deemed repealed on March
 31, 1997; and provided further that sections three, fifteen,  seventeen,
 twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
 deemed repealed on March 31, [2024] 2029.
   § 34. Section 26 of subpart F of part C of chapter 97 of the  laws  of
 2011 amending the education law relating to census reporting, as amended
 by  section 46 of part YYY of chapter 59 of the laws of 2019, is amended
 to read as follows:
   § 26. This act shall take effect immediately provided,  however,  that
 the provisions of section three of this act shall expire June 30, [2024]
 2029  when upon such date the provisions of such section shall be deemed
 repealed; provided, further that the provisions of sections eight, elev-
 en, twelve, thirteen and twenty of this act shall expire  July  1,  2014
 when  upon  such  date  the  provisions of such sections shall be deemed
 repealed.
   § 35. Special apportionment for salary  expenses.  1.  Notwithstanding
 any  other  provision  of  law,  upon application to the commissioner of
 education, not sooner than the first day of  the  second  full  business
 week  of  June  2025  and  not later than the last day of the third full
 business week of June 2025, a school district eligible for an apportion-
 ment pursuant to section 3602 of the education law shall be eligible  to
 receive  an  apportionment pursuant to this section, for the school year
 ending June 30, 2025, for salary expenses incurred between April  1  and
 June 30, 2024 and such apportionment shall not exceed the sum of (a) the
 deficit  reduction assessment of 1990--1991 as determined by the commis-
 sioner of education, pursuant to paragraph f of subdivision 1 of section
 3602 of the education law, as in effect through June 30, 1993, plus  (b)
 186  percent  of such amount for a city school district in a city with a
 population in excess of 1,000,000 inhabitants, plus (c) 209  percent  of
 such  amount  for  a city school district in a city with a population of
 more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
 ing  to  the  latest  federal  census,  plus (d) the net gap elimination
 adjustment for 2010--2011, as determined by the commissioner  of  educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
 nation  adjustment  for  2011--2012 as determined by the commissioner of
 education pursuant to subdivision 17 of section 3602  of  the  education
 law,  and provided further that such apportionment shall not exceed such
 salary expenses. Such application shall be made by  a  school  district,
 after the board of education or trustees have adopted a resolution to do
 so and in the case of a city school district in a city with a population
 in excess of 125,000 inhabitants, with the approval of the mayor of such
 city.
   2.  The  claim  for  an  apportionment to be paid to a school district
 pursuant to subdivision one of this section shall be  submitted  to  the
 commissioner  of  education  on  a form prescribed for such purpose, and
 shall be payable upon determination by such commissioner that  the  form
 has been submitted as prescribed. Such approved amounts shall be payable
 on  the  same  day in September of the school year following the year in
 which application was made as funds provided  pursuant  to  subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law,  on  the  audit  and  warrant  of the state comptroller on vouchers
 certified or approved by the commissioner of  education  in  the  manner
 prescribed  by  law  from  moneys in the state lottery fund and from the
 S. 8306--A                         23                         A. 8806--A
 
 general fund to the extent that the amount paid  to  a  school  district
 pursuant  to  this  section  exceeds the amount, if any, due such school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   3. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 36. Special apportionment for public pension accruals. 1.   Notwith-
 standing any other provision of law, upon application to the commission-
 er  of education, not later than June 30, 2025, a school district eligi-
 ble for an apportionment pursuant to section 3602 of the  education  law
 shall  be eligible to receive an apportionment pursuant to this section,
 for the school year ending June 30, 2025 and  such  apportionment  shall
 not  exceed  the  additional  accruals  required  to  be  made by school
 districts in the 2004--2005 and 2005--2006 school years associated  with
 changes  for  such  public pension liabilities. The amount of such addi-
 tional accrual shall be certified to the commissioner  of  education  by
 the  president of the board of education or the trustees or, in the case
 of a city school district in a city  with  a  population  in  excess  of
 125,000  inhabitants,  the mayor of such city. Such application shall be
 made by a school district, after the board of education or trustees have
 adopted a resolution to do so and in the case of a city school  district
 in  a  city with a population in excess of 125,000 inhabitants, with the
 approval of the mayor of such city.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one of this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application  was  made as funds provided pursuant to subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   3. Notwithstanding the provisions of section 3609-a of  the  education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions  one  and  two of this section shall first be deducted from
 S. 8306--A                         24                         A. 8806--A
 
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
 section  3609-a of the education law in the following order: the lottery
 apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of  such  paragraph  and then followed by the district's payments to the
 teachers' retirement system pursuant to subparagraph (1) of  such  para-
 graph, and any remainder to be deducted from the individualized payments
 due  the  district  pursuant to paragraph b of such subdivision shall be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   § 37. The amounts specified in this section shall be a set-aside  from
 the  state  funds  which  each such district is receiving from the total
 foundation aid:
   1. for the development, maintenance or expansion of magnet schools  or
 magnet  school  programs  for  the  2024--2025 school year. For the city
 school district of the city of New York there shall be  a  set-aside  of
 foundation  aid  equal  to  forty-eight million one hundred seventy-five
 thousand dollars ($48,175,000) including five hundred  thousand  dollars
 ($500,000)  for  the  Andrew  Jackson  High School; for the Buffalo city
 school  district,  twenty-one  million  twenty-five   thousand   dollars
 ($21,025,000);  for  the Rochester city school district, fifteen million
 dollars ($15,000,000); for the Syracuse city school  district,  thirteen
 million  dollars  ($13,000,000);  for  the Yonkers city school district,
 forty-nine million five hundred thousand dollars ($49,500,000); for  the
 Newburgh city school district, four million six hundred forty-five thou-
 sand  dollars  ($4,645,000);  for the Poughkeepsie city school district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for the New Rochelle city school district, one million four hundred  ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one  million  eight  hundred thousand dollars ($1,800,000); for the Port
 Chester city school district, one million  one  hundred  fifty  thousand
 dollars  ($1,150,000);  for  the White Plains city school district, nine
 hundred thousand dollars ($900,000); for the Niagara Falls  city  school
 district,  six  hundred thousand dollars ($600,000); for the Albany city
 school district, three  million  five  hundred  fifty  thousand  dollars
 ($3,550,000);  for  the  Utica city school district, two million dollars
 ($2,000,000); for the Beacon city school district, five  hundred  sixty-
 six   thousand  dollars  ($566,000);  for  the  Middletown  city  school
 district, four hundred thousand dollars  ($400,000);  for  the  Freeport
 union  free  school  district, four hundred thousand dollars ($400,000);
 for the Greenburgh  central  school  district,  three  hundred  thousand
 dollars  ($300,000);  for  the  Amsterdam  city  school  district, eight
 hundred thousand dollars  ($800,000);  for  the  Peekskill  city  school
 district,  two  hundred  thousand dollars ($200,000); and for the Hudson
 city school district, four hundred thousand dollars ($400,000).
   2. Notwithstanding any inconsistent provision of law to the  contrary,
 a  school  district  setting  aside such foundation aid pursuant to this
 section may use such set-aside  funds  for:  (a)  any  instructional  or
 instructional  support  costs  associated with the operation of a magnet
 school; or (b) any instructional or instructional support costs  associ-
 ated with implementation of an alternative approach to promote diversity
 and/or enhancement of the instructional program and raising of standards
 S. 8306--A                         25                         A. 8806--A
 
 in  elementary and secondary schools of school districts having substan-
 tial concentrations of minority students.
   3.  The  commissioner of education shall not be authorized to withhold
 foundation aid from a school district that used such funds in accordance
 with this paragraph, notwithstanding any inconsistency  with  a  request
 for  proposals issued by such commissioner for the purpose of attendance
 improvement and dropout prevention for the 2024--2025 school  year,  and
 for  any city school district in a city having a population of more than
 one million,  the  set-aside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2024--2025 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   4.  For the purpose of teacher support for the 2024--2025 school year:
 for the city school district of the city of New York, sixty-two  million
 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
 school  district,  one  million seven hundred forty-one thousand dollars
 ($1,741,000); for the Rochester city school district, one million seven-
 ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
 district,   one   million   one  hundred  forty-seven  thousand  dollars
 ($1,147,000); and for the Syracuse city school district,  eight  hundred
 nine  thousand  dollars ($809,000). All funds made available to a school
 district pursuant to this section shall be  distributed  among  teachers
 including  prekindergarten teachers and teachers of adult vocational and
 academic subjects in accordance with this section and shall be in  addi-
 tion  to  salaries heretofore or hereafter negotiated or made available;
 provided, however, that all funds distributed pursuant to  this  section
 for  the  current year shall be deemed to incorporate all funds distrib-
 uted pursuant to former subdivision 27 of section 3602 of the  education
 law  for prior years. In school districts where the teachers are repres-
 ented by certified or  recognized  employee  organizations,  all  salary
 increases  funded  pursuant to this section shall be determined by sepa-
 rate collective negotiations conducted pursuant to  the  provisions  and
 procedures  of  article 14 of the civil service law, notwithstanding the
 existence of a negotiated agreement between  a  school  district  and  a
 certified or recognized employee organization.
   §  38.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2024  enacting
 the  aid  to  localities  budget shall be apportioned for the 2024--2025
 state fiscal year in accordance with the  provisions  of  sections  271,
 272,  273,  282,  284,  and  285  of the education law as amended by the
 provisions of such chapter and the provisions of this section,  provided
 that library construction aid pursuant to section 273-a of the education
 law  shall  not  be  payable  from the appropriations for the support of
 public libraries and provided further that no library, library system or
 program, as defined by the commissioner of education, shall receive less
 total system or program aid than it received  for  the  year  2001--2002
 except as a result of a reduction adjustment necessary to conform to the
 appropriations for support of public libraries.
   Notwithstanding  any other provision of law to the contrary the moneys
 appropriated for the support of public libraries for the year 2024--2025
 by a chapter of the laws of 2024 enacting the aid to  localities  budget
 S. 8306--A                         26                         A. 8806--A
 
 shall  fulfill  the state's obligation to provide such aid and, pursuant
 to a plan developed by the commissioner of education and approved by the
 director of the budget, the aid payable to libraries and library systems
 pursuant  to  such  appropriations  shall  be reduced proportionately to
 assure that the total amount of aid payable does not  exceed  the  total
 appropriations for such purpose.
   § 39. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of this act or remainder thereof, as the  case  may  be,  to  any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 40. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2024, provided,
 however, that:
   1.  sections  one,  two,  three,  four, five, six, eight, ten, twelve,
 thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three,
 twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall
 take effect July 1, 2024;
   2. section seven of this act shall take effect July 1, 2025;
   3. the amendments to chapter 756 of the  laws  of  1992,  relating  to
 funding a program for work force education conducted by a consortium for
 worker  education  in  New  York  City made by sections twenty-seven and
 twenty-eight of this act shall not affect the repeal of such chapter and
 shall be deemed repealed therewith; and
   4. the amendments to paragraph (d) of subdivision 1 of section 2856 of
 the education law made by section thirty of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to subdivision
 d of section 27 of chapter 378 of the laws of  2007,  as  amended,  when
 upon  such  date  the provisions of section thirty-one of this act shall
 take effect.
 
                                  PART B

   Section 1. The education law is amended by adding a new section 818 to
 read as follows:
   § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1.
 (A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE  COMMISSIONER
 SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR
 THE  TEACHING  OF  READING  TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE
 THREE.  INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF  READING  SHALL
 BE  EVIDENCE-BASED  AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPE-
 TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS,  VOCABULARY  DEVELOP-
 MENT,  READING  FLUENCY,  COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE,
 ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND  ALIGN  WITH  THE
 CULTURALLY  RESPONSIVE-SUSTAINING  (CR-S) FRAMEWORK.  SUCH INSTRUCTIONAL
 BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE  COMMISSIONER  WHERE
 APPROPRIATE.
   (B)  ALL  SCHOOL  DISTRICTS  IN  THE STATE SHALL ANNUALLY REVIEW THEIR
 CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE  SUBJECT  OF  READING  FOR
 STUDENTS  IN  PREKINDERGARTEN  THROUGH  GRADE  THREE TO ENSURE THAT THEY
 S. 8306--A                         27                         A. 8806--A
 
 ALIGN WITH THE  READING  INSTRUCTIONAL  BEST  PRACTICES  ISSUED  BY  THE
 COMMISSIONER,  AND  THAT  ALL  EARLY READING INSTRUCTIONAL PRACTICES AND
 INTERVENTIONS ARE PART OF AN ALIGNED PLAN DESIGNED  TO  IMPROVE  STUDENT
 READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE.
   2.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME-
 WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC,
 AND CULTURAL IDENTITIES;  ENGAGES  STUDENTS  WITH  RIGOROUS,  SUPPORTIVE
 INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER-
 ENCE;  ELEVATES  HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS
 AS AGENTS OF SOCIAL CHANGE.
   (B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN  INTERDISCIPLI-
 NARY  BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND
 COMPETENCIES DEVELOP FROM PREKINDERGARTEN  THROUGH  SECONDARY  EDUCATION
 AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY.
   (C)  "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND
 MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
   (D) "COMPREHENSION" MEANS A FUNCTION OF WORD  RECOGNITION  SKILLS  AND
 LANGUAGE  COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK-
 GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS
 IN FRONT OF THEM. IT ALSO INCLUDES  THE  ACTIVE  PROCESS  THAT  REQUIRES
 INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER-
 ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT
 EXPLICITLY  BY  DEMONSTRATING,  EXPLAINING,  MODELING  AND  IMPLEMENTING
 SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS  DERIVE  MEANING
 THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES.
   (E)  "READING  FLUENCY"  MEANS THE ABILITY TO READ WORDS, PHRASES, AND
 SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
   (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW  WORDS
 AND  INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING,
 SPEAKING, READING, AND WRITING, WHICH  IS  DIRECTLY  RELATED  TO  SCHOOL
 ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS.
   3.  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR
 BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS  IN
 THE  STATE  SHALL  CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND
 INSTRUCTIONAL STRATEGIES AND TEACHER  PROFESSIONAL  DEVELOPMENT  IN  THE
 SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL
 OF  THE  ELEMENTS  OF  THE  INSTRUCTIONAL  BEST  PRACTICES ISSUED BY THE
 COMMISSIONER PURSUANT TO THIS SECTION.
   4. COMPLIANCE WITH THIS SECTION SHALL BE  SUBJECT  TO  REVIEW  BY  THE
 COMMISSIONER  PURSUANT TO SECTION THREE HUNDRED TEN OF THIS TITLE AND BY
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 61 to read as follows:
   61. A. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL REQUIRE EACH SCHOOL DISTRICT TO OBTAIN DOCUMENTATION
 REFLECTING ONE OF THE FOLLOWING FROM THE  PARENT  OR  GUARDIAN  OF  EACH
 STUDENT  OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY
 EMANCIPATED, SUCH STUDENT, DURING THE SCHOOL YEAR IN WHICH  THE  STUDENT
 IS  A  SENIOR  ENROLLED  IN  SUCH  SCHOOL DISTRICT: (1) CERTIFICATION OF
 COMPLETION AND SUBMISSION OF EITHER THE  FREE  APPLICATION  FOR  FEDERAL
 S. 8306--A                         28                         A. 8806--A
 
 STUDENT AID (FAFSA) FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA
 NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM
 PROMULGATED  BY  THE  DEPARTMENT,  TO BE FILED WITH THE STUDENT'S SCHOOL
 DISTRICT  INDICATING  THAT  THE PARENT OR GUARDIAN OR, IF THE STUDENT IS
 EIGHTEEN YEARS OF AGE OR OLDER  OR  LEGALLY  EMANCIPATED,  THE  STUDENT,
 UNDERSTANDS  WHAT THE FAFSA IS AND HAS CHOSEN NOT TO FILE AN APPLICATION
 PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF  THIS  PARAGRAPH.  FOR
 PURPOSES  OF  SUBPARAGRAPH  ONE  OF THIS PARAGRAPH, THE REQUIRED CERTIF-
 ICATION SHALL NOT DESIGNATE WHICH TYPE OF APPLICATION WAS  SUBMITTED  BY
 THE PARENT, GUARDIAN, OR STUDENT.
   B.  ON  AND  AFTER  JULY  FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
 DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA  FOR
 ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL:
 (1)  THE TOTAL NUMBER OF STUDENTS CERTIFIED TO HAVE SUBMITTED EITHER THE
 FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) OR, IF APPLICABLE,  THE
 JOSE  PERALTA  NEW  YORK  STATE DREAM ACT APPLICATION; (2) THE NUMBER OF
 STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED.
   C. THE COMMISSIONER SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY
 TO  IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT
 TO GIVE NOTICE, NO LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR, WITH AN
 EXPLANATION TO EACH HIGH SCHOOL SENIOR OF THE  STATE-SPONSORED  SCHOLAR-
 SHIPS,  FINANCIAL  AID  AND  ASSISTANCE  AVAILABLE TO STUDENTS ATTENDING
 COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE ACCESS AND/OR REFER-
 RALS TO SUPPORT OR ASSISTANCE NECESSARY FOR COMPLETION OF THE FAFSA.
   § 2. This act shall take effect on the first of July  next  succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.
 
                                  PART D
 
   Section 1. The opening paragraph of paragraph (a) of subdivision 2  of
 section 6401 of the education law, as amended by chapter 717 of the laws
 of 1981, is amended to read as follows:
   Notwithstanding  the  provisions of any other law, in order to qualify
 for state aid apportionments pursuant to this section,  any  institution
 of  higher  education  must  meet  either  the requirements set forth in
 subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter-
 native, the requirements set forth in paragraph (b) of this subdivision:
   § 2. Paragraph (a) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  INSTITUTION  MUST  HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN
 SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED  ON  THE  MOST
 RECENT  ACADEMIC  YEAR  DATA  COLLECTED  IN THE INTEGRATED POSTSECONDARY
 EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE  HIGHER  EDUCA-
 TION  ACT  OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE DEPARTMENT OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 3. Paragraph (b) of subdivision 2 of section 6401 of  the  education
 law is amended by adding a new subparagraph (vi) to read as follows:
   (VI)  THE  SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS
 THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000),  BASED  ON  THE
 MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY
 EDUCATION  DATA  SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA-
 S. 8306--A                         29                         A. 8806--A
 
 TION ACT OF  1965,  AS  AMENDED,  AND  REPORTED  BY  THE  DEPARTMENT  OF
 EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
   § 4. Subdivision 3 of section 6401 of the education law, as amended by
 chapter 361 of the laws of 2014, is amended to read as follows:
   3.  Degree  awards.  The  amount  of such annual apportionment to each
 institution meeting the requirements of subdivision two of this  section
 shall  be  computed  by multiplying by not to exceed six hundred dollars
 the number of earned associate degrees, by not to  exceed  one  thousand
 five  hundred dollars the number of earned bachelor's degrees, by not to
 exceed nine hundred fifty dollars the number of earned master's degrees,
 and by not to exceed four thousand five hundred fifty dollars the number
 of earned doctorate degrees, conferred by such  institution  during  the
 twelve-month  period  next  preceding  the  annual period for which such
 apportionment is made, provided that there shall be  excluded  from  any
 such  computation  the number of degrees earned by students with respect
 to whom state aid other than that established by this section or section
 sixty-four hundred one-a of this article  is  granted  directly  to  the
 institution,  and provided further that, except as otherwise provided in
 this subdivision, the amount apportioned for an associate  degree  shall
 be  awarded  only  to two year institutions qualifying under subdivision
 two of this section. The regents shall  promulgate  rules  defining  and
 classifying  professional  degrees  for  the  purposes  of this section.
 Institutions qualifying for state aid  pursuant  to  the  provisions  of
 paragraph  (b) of subdivision two of this section shall, for purposes of
 this subdivision, be deemed to be the institutions which confer degrees.
 For purposes of this  subdivision,  a  two-year  institution  which  has
 received  authority  to  confer  bachelor  degrees  shall continue to be
 considered a two-year institution until such time  as  it  has  actually
 begun  to  confer the bachelor's degree. Thereafter, notwithstanding any
 other provision of law to the contrary, an institution which was former-
 ly a two-year institution for the purposes of this section and which was
 granted authority by the regents to confer bachelor  degrees,  (a)  such
 authority  having  been  granted  after  the first day of June, nineteen
 hundred ninety-three, but before the first day of July, nineteen hundred
 ninety-three, (b) such authority having been granted after the first day
 of May, two thousand five, but before the first day of June,  two  thou-
 sand five, (c) such authority having been granted after the first day of
 April,  two thousand nine, but before the first day of May, two thousand
 nine, or (d) such authority having been granted after the first  day  of
 December,  two  thousand  nine, but before the first day of January, two
 thousand ten, may elect to continue to receive awards for earned associ-
 ate degrees. Should such institution so elect, it shall not be  eligible
 during the time of such election to receive awards for earned bachelor's
 degrees.  NOTWITHSTANDING  THE PRECEDING PROVISIONS OF THIS SUBDIVISION,
 IN THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO  ALL
 INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION
 WOULD  OTHERWISE  EXCEED  THE TOTAL AMOUNT APPROPRIATED FOR UNRESTRICTED
 AID TO INDEPENDENT COLLEGES AND UNIVERSITIES, THE  ANNUAL  APPORTIONMENT
 TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY.
   § 5. This act shall take effect July 1, 2024.
 
                                  PART E
 
   Section  1.  Paragraph d of subdivision 7 of section 2-d of the educa-
 tion law, as added by section 1 of subpart L of part AA of chapter 56 of
 the laws of 2014, is amended to read as follows:
 S. 8306--A                         30                         A. 8806--A
 
   d. Nothing in this section  shall  limit  the  administrative  use  of
 student data or teacher or principal data by a person acting exclusively
 in  the  person's capacity as an employee of an educational agency or of
 the state or any of its political subdivisions, any court or the federal
 government  that  is  otherwise required by law. NOTHING IN THIS SECTION
 SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK  STATE  HIGHER
 EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE
 CITY  UNIVERSITY  OF  NEW  YORK FOR EDUCATIONAL PURPOSES PURSUANT TO THE
 PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT,  20  U.S.C.
 SECTION 1232G.
   §  2.  Section  655  of  the  education law is amended by adding a new
 subdivision 9-a to read as follows:
   9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND
 DATA AS THE PRESIDENT DEEMS NECESSARY  FOR  PURPOSES  OF  FINANCIAL  AID
 PROGRAM EVALUATION.
   § 3. This act shall take effect immediately.
 
                                  PART F
 
   Section  1. Section 16 of chapter 260 of the laws of 2011 amending the
 education law and the New York state urban development  corporation  act
 relating  to establishing components of the NY-SUNY 2020 challenge grant
 program, as amended by section 4 of part DD of chapter 56 of the laws of
 2021, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided [that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen  of  this  act  shall expire 13 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and provided further] that sections fourteen and  fifteen  of  this  act
 shall expire 5 years after such effective date when upon such date [the]
 SUCH provisions [of this act] shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
 amending the social services law relating to restructuring financing for
 residential school placements, as amended by section  1  of  part  V  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  3.  This act shall take effect immediately [and shall expire and be
 deemed repealed April 1, 2024]; provided however that the amendments  to
 subdivision 10 of section 153 of the social services law made by section
 one of this act, shall not affect the expiration of such subdivision and
 shall be deemed to expire therewith.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.

                                  PART H
 
   Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
 section  131-o  of  the  social services law, as amended by section 1 of
 part Z of chapter 56 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$175.00] $181.00 for each month beginning on or after
 January first, two thousand [twenty-three] TWENTY-FOUR.
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   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$202.00] $208.00 for each month beginning on
 or after January first, two thousand [twenty-three] TWENTY-FOUR.
   (c)  in  the  case  of  each individual receiving enhanced residential
 care, an amount equal to at  least  [$241.00]  $249.00  for  each  month
 beginning  on  or after January first, two thousand [twenty-three] TWEN-
 TY-FOUR.
   (d) for the period commencing January  first,  two  thousand  [twenty-
 four]  TWENTY-FIVE,  the  monthly  personal  needs allowance shall be an
 amount equal to the sum of the amounts set forth  in  subparagraphs  one
 and two of this paragraph:
   (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
 subdivision; and
   (2) the amount in subparagraph one of this  paragraph,  multiplied  by
 the  percentage  of  any  federal  supplemental  security income cost of
 living adjustment which becomes effective on or after January first, two
 thousand [twenty-four] TWENTY-FIVE, but prior  to  June  thirtieth,  two
 thousand [twenty-four] TWENTY-FIVE, rounded to the nearest whole dollar.
   §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
 section 209 of the social services law, as amended by section 2 of  part
 Z of chapter 56 of the laws of 2023, are amended to read as follows:
   (a)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  alone,  [$1,001.00]  $1,030.00;
 and for an eligible couple living alone, [$1,475.00] $1,519.00.
   (b)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  with  others  with  or  without
 in-kind  income,  [$937.00]  $966.00;  and for an eligible couple living
 with others with or without in-kind income, [$1,417.00] $1,461.00.
   (c) On and after January first, two  thousand  [twenty-three]  TWENTY-
 FOUR,  (i) for an eligible individual receiving family care, [$1,180.48]
 $1,209.48 if he or she is receiving such care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
 eligible  couple  receiving  family  care in the city of New York or the
 county of Nassau, Suffolk, Westchester or Rockland, two times the amount
 set forth in subparagraph (i) of this paragraph; or (iii) for an  eligi-
 ble  individual  receiving  such  care in any other county in the state,
 [$1,142.48] $1,171.48; and (iv) for an eligible  couple  receiving  such
 care in any other county in the state, two times the amount set forth in
 subparagraph (iii) of this paragraph.
   (d)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR,  (i)  for  an  eligible  individual  receiving  residential  care,
 [$1,349.00] $1,378.00 if he or she is receiving such care in the city of
 New  York or the county of Nassau, Suffolk, Westchester or Rockland; and
 (ii) for an eligible couple receiving residential care in  the  city  of
 New  York or the county of Nassau, Suffolk, Westchester or Rockland, two
 times the amount set forth in subparagraph (i)  of  this  paragraph;  or
 (iii) for an eligible individual receiving such care in any other county
 in  the  state,  [$1,319.00]  $1,348.00; and (iv) for an eligible couple
 receiving such care in any other county in  the  state,  two  times  the
 amount set forth in subparagraph (iii) of this paragraph.
   (e)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, (i) for an  eligible  individual  receiving  enhanced  residential
 care,  [$1,608.00]  $1,637.00; and (ii) for an eligible couple receiving
 enhanced residential care, two times the amount set  forth  in  subpara-
 graph (i) of this paragraph.
 S. 8306--A                         32                         A. 8806--A

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

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

   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the neighborhood
 preservation program, a sum not to exceed  $12,830,000  for  the  fiscal
 year ending March 31, 2025.  Notwithstanding any other provision of law,
 and  subject to the approval of the New York state director of the budg-
 et, the board of directors of the state  of  New  York  mortgage  agency
 shall  authorize the transfer to the housing trust fund corporation, for
 the purposes of reimbursing any costs associated with neighborhood pres-
 ervation program contracts authorized by this section, a total  sum  not
 to  exceed  $12,830,000,  such  transfer to be made from (i) the special
 account of the mortgage  insurance  fund  created  pursuant  to  section
 2429-b  of  the  public  authorities law, in an amount not to exceed the
 actual excess balance in the special account of the  mortgage  insurance
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 2023-2024 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are  sufficient  to attain and maintain the credit rating (as determined
 by the state of New York mortgage agency)  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2024.
   § 2. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may  provide,  for purposes of the rural preservation
 program, a sum not to exceed $5,360,000 for the fiscal year ending March
 31, 2025. Notwithstanding any other provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing   any  costs  associated  with  rural  preservation  program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $5,360,000, such transfer to be made from (i) the special account of the
 mortgage insurance fund created pursuant to section 2429-b of the public
 authorities law, in an amount not to exceed the actual excess balance in
 the  special  account  of the mortgage insurance fund, as determined and
 certified by the state of New York mortgage agency for the  fiscal  year
 2023-2024  in  accordance  with section 2429-b of the public authorities
 law, if any, and/or (ii) provided that the reserves in the project  pool
 insurance  account  of  the  mortgage insurance fund created pursuant to
 section 2429-b of the public authorities law are  sufficient  to  attain
 and  maintain  the credit rating (as determined by the state of New York
 mortgage agency) required to accomplish the purposes  of  such  account,
 the  project pool insurance account of the mortgage insurance fund, such
 transfer to be made as soon as practicable but no later  than  June  30,
 2024.
   §  3.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes of the rural  rental  assist-
 ance  program  pursuant  to  article 17-A of the private housing finance
 law, a sum not to exceed $23,180,000 for the fiscal  year  ending  March
 31,  2025.    Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any  costs  associated with rural rental assistance program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 S. 8306--A                         39                         A. 8806--A
 
 $23,180,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined  and  certified  by  the state of New York mortgage agency for the
 fiscal year 2023-2024 in accordance with section 2429-b  of  the  public
 authorities  law,  if any, and/or (ii) provided that the reserves in the
 project pool insurance account of the mortgage  insurance  fund  created
 pursuant  to section 2429-b of the public authorities law are sufficient
 to attain and maintain the credit rating, as determined by the state  of
 New  York  mortgage  agency, required to accomplish the purposes of such
 account, the project pool insurance account of  the  mortgage  insurance
 fund,  such  transfer  shall be made as soon as practicable but no later
 than June 30, 2024.
   § 4. Notwithstanding any other provision of law, the homeless  housing
 and  assistance  corporation  may  provide, for purposes of the New York
 state supportive housing program,  the  solutions  to  end  homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified  grantees under such programs, in accordance with the requirements
 of such programs, a sum not to exceed $53,581,000 for  the  fiscal  year
 ending  March  31, 2025. The homeless housing and assistance corporation
 may enter into an agreement with the office of temporary and  disability
 assistance to administer such sum in accordance with the requirements of
 such  programs.  Notwithstanding any other provision of law, and subject
 to the approval of the New York state director of the budget, the  board
 of  directors  of  the state of New York mortgage agency shall authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum not to exceed $53,581,000, such transfer to be  made  from  (i)  the
 special  account  of  the  mortgage  insurance  fund created pursuant to
 section 2429-b of the public authorities law, in an amount not to exceed
 the actual excess balance in the special account of the mortgage  insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency  for  the fiscal year 2023-2024 in accordance with section 2429-b
 of the public authorities law, if any, and/or  (ii)  provided  that  the
 reserves in the project pool insurance account of the mortgage insurance
 fund  created  pursuant  to section 2429-b of the public authorities law
 are sufficient to attain and maintain the credit rating as determined by
 the state of New  York  mortgage  agency,  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer shall be made as soon as  practi-
 cable but no later than March 31, 2025.
   § 5. This act shall take effect immediately.
 
                                  PART O
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "heirs property protection and deed theft prevention act of 2024".
   § 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  A  PROSECUTION  FOR  ANY  FELONY RELATED TO A DEED THEFT OR WHERE
 THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL  PROPERTY
 MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME.
   §  3.  The penal law is amended by adding a new article 162 to read as
 follows:
                                 ARTICLE 162
                   RESIDENTIAL AND COMMERCIAL DEED THEFT
 S. 8306--A                         40                         A. 8806--A
 
 SECTION 162.00 DEFINITIONS.
         162.05 DEED THEFT IN THE THIRD DEGREE.
         162.10 DEED THEFT IN THE SECOND DEGREE.
         162.15 DEED THEFT IN THE FIRST DEGREE.
         162.20 AGGRAVATED DEED THEFT.
 § 162.00 DEFINITIONS.
   FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (1) "DEED THEFT" IS COMMITTED BY A PERSON WHO:
   (A) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS PROPERTY
 DOCUMENTS SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR  TITLE,  WITH  THE
 INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNER-
 SHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
   (B)  WITH  INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR
 AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY  TO
 INDUCE  OTHERS  TO  RELY  ON  SUCH  FALSE INFORMATION IN ORDER TO OBTAIN
 OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
   (C) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE
 OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR  ANY  OTHER
 FRAUDULENT OR DECEPTIVE PRACTICE.
   (2)  "RESIDENTIAL  REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
 HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION  187.00
 OF THIS PART.
   (3)  "COMMERCIAL  REAL  PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
 HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX  OF
 SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW.
   (4)  "MIXED-USE  PROPERTY"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA  OF  THE
 REAL PROPERTY TAX LAW.
   (5)  "INCOMPETENT"  SHALL  HAVE THE SAME MEANING AS DEFINED IN SECTION
 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
   (6) "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF  MENTAL
 DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
 HYGIENE  LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP-
 ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER  HARM  BECAUSE  SUCH
 PERSON  IS  UNABLE  TO  UNDERSTAND  AND APPRECIATE THE NATURE AND CONSE-
 QUENCES OF NOT BEING ABLE TO CARE FOR  THEIR  PROPERTY  AND/OR  PERSONAL
 NEEDS.
 § 162.05 DEED THEFT IN THE THIRD DEGREE.
   A  PERSON IS GUILTY OF DEED THEFT IN THE THIRD DEGREE WHEN SUCH PERSON
 COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPERTY.
   DEED THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 162.10 DEED THEFT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN SUCH PERSON
 COMMITS DEED THEFT OF: (1) ONE RESIDENTIAL REAL  PROPERTY;  OR  (2)  ONE
 COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (3)
 THREE OR MORE COMMERCIAL PROPERTIES.
   DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 162.15 DEED THEFT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE FIRST DEGREE WHEN SUCH PERSON:
   (1) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT IS OCCUPIED AS A
 HOME  BY AT LEAST ONE PERSON; OR (2) COMMITS DEED THEFT OF A RESIDENTIAL
 PROPERTY THAT INVOLVES A HOME THAT IS OWNED OR OCCUPIED  BY  AN  ELDERLY
 PERSON  OR  AN  INCOMPETENT,  OR  AN INCAPACITATED PERSON, OR PHYSICALLY
 DISABLED PERSON.
   DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
 S. 8306--A                         41                         A. 8806--A
 
 § 162.20 AGGRAVATED DEED THEFT.
   A  PERSON  IS GUILTY OF AGGRAVATED DEED THEFT WHEN SUCH PERSON COMMITS
 DEED THEFT OF THREE OR MORE RESIDENTIAL PROPERTIES.
   AGGRAVATED DEED THEFT IS A CLASS B FELONY.
   § 4. Subdivision 3 of section 187.00 of the penal law, as  amended  by
 chapter 507 of the laws of 2009, is amended to read as follows:
   3.  "Residential  real  property"  means real property THAT IS USED OR
 OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY,  AS  THE
 HOME  OR  RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
 IS improved by a one-to-four family dwelling, or a residential unit in a
 building including units owned  as  condominiums  or  on  a  cooperative
 basis,  used  or occupied, or intended to be used or occupied, wholly or
 partly, as the home or residence of one or more persons, but  shall  not
 refer  to  unimproved  real property upon which such dwellings are to be
 constructed.
   § 5. Section 993 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 12 to read as follows:
   12.  PROHIBITION  ON  INITIATION  OF  A PARTITION ACTION. NO PARTITION
 ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT  WHO
 DID  NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A CO-TENANT
 WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES
 OF THE HEIRS PROPERTY FROM A RELATIVE.
   § 6. Section 993 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 13 to read as follows:
   13.  RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE
 OFFER FROM A NON-CO-TENANT TO PURCHASE A SHARE OR  SHARES  OF  AN  HEIRS
 PROPERTY  AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTER-
 OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER-
 TY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS  WHO  INHER-
 ITED  THEIR  SHARE  OR  SHARES  OF  THE PROPERTY SHALL HAVE THE RIGHT TO
 PURCHASE SUCH SHARES FOR THE IDENTICAL PRICE, TERMS, AND  CONDITIONS  OF
 THE OFFER OR COUNTEROFFER.
   (B)  IT  SHALL  BE  THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL
 OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS  THE  CO-TENANT
 WHO  RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF
 THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS  OF  THE
 PENDING  OFFER.  NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN
 SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES.  THE
 OTHER  CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED
 OF THE OFFER TO MATCH SUCH OFFER.
   (C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE  NOT  NOTIFIED  OF  THE
 OFFER  AND  THE  SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE
 REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP-
 ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE  THE  SHARES
 FROM  THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE
 CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE  OF  TWO  PERCENT  PER
 ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO
 THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE.
   §  7.  The real property law is amended by adding a new section 424 to
 read as follows:
   § 424.  TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR  THE  PURPOSES  OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BENEFICIARY"  MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER
 ON DEATH DEED.
   (B) "DESIGNATED BENEFICIARY" MEANS  A  PERSON  DESIGNATED  TO  RECEIVE
 PROPERTY IN A TRANSFER ON DEATH DEED.
 S. 8306--A                         42                         A. 8806--A
 
   (C)   "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY
 WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF  SURVIVORSHIP.    THE
 TERM  INCLUDES  A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT
 OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE  A
 TENANT  IN  COMMON  OR  OWNER  OF  COMMUNITY PROPERTY WITHOUT A RIGHT OF
 SURVIVORSHIP.
   (D) "PERSON" INCLUDES A NATURAL PERSON,  AN  ASSOCIATION,  BOARD,  ANY
 CORPORATION,  WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL
 AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP  OR  OTHER  FIRM  AND  THE
 STATE.
   (E)  "PROPERTY"  MEANS  AN  INTEREST  IN REAL PROPERTY LOCATED IN THIS
 STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER.
   (F) "TRANSFER ON DEATH  DEED"  MEANS  A  DEED  AUTHORIZED  UNDER  THIS
 SECTION.
   (G)  "TRANSFEROR"  MEANS  AN  INDIVIDUAL WHO MAKES A TRANSFER ON DEATH
 DEED.
   2. NONEXCLUSIVITY.  THIS SECTION DOES NOT AFFECT ANY METHOD OF  TRANS-
 FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE.
   3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP-
 ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY
 A TRANSFER ON DEATH DEED.
   4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO-
 CABLE  EVEN  IF  THE  DEED  OR  ANOTHER  INSTRUMENT  CONTAINS A CONTRARY
 PROVISION.
   5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS
 NONTESTAMENTARY.
   6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR  REVOKE  A
 TRANSFER  ON  DEATH  DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A
 WILL.
   7. REQUIREMENTS. A TRANSFER ON DEATH DEED:
   (A) EXCEPT AS OTHERWISE PROVIDED IN THIS  SUBDIVISION,  SHALL  CONTAIN
 THE  ESSENTIAL  ELEMENTS  AND FORMALITIES OF A PROPERLY RECORDABLE INTER
 VIVOS DEED;
   (B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS  TO
 OCCUR AT THE TRANSFEROR'S DEATH;
   (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME
 AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED;
   (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND
   (E)  SHALL  BE  RECORDED  BEFORE  THE TRANSFEROR'S DEATH IN THE PUBLIC
 RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS
 LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED.
   8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED.  A TRANS-
 FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT:
   (A)  NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY
 DURING THE TRANSFEROR'S LIFE; OR
   (B) CONSIDERATION.
   9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT  PERMIT-
 TED.
   (A)  SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL
 BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF
 IT, ONLY IF THE INSTRUMENT:
   (1) IS ONE OF THE FOLLOWING:
   (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED
 EXPRESSLY OR BY INCONSISTENCY;
   (B)    AN  INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR
 PART OF THE DEED; OR
 S. 8306--A                         43                         A. 8806--A
 
   (C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER  ON  DEATH
 DEED OR PART OF THE DEED; AND
   (2)  IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE
 DEED  BEING  REVOKED  AND  RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE
 PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED
 IS RECORDED.
   (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR:
   (1)  REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED  AS  TO  THE
 INTEREST OF ANOTHER TRANSFEROR; AND
   (2)  A  DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY
 ALL OF THE LIVING JOINT OWNERS.
   (C)  AFTER A TRANSFER ON DEATH DEED  IS  RECORDED,  IT  SHALL  NOT  BE
 REVOKED BY A REVOCATORY ACT ON THE DEED.
   (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER
 OF THE PROPERTY.
   10.  EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING
 A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT:
   (A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER  OWNER,
 INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY;
   (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER-
 EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED;
   (C)  AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR
 FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR  HAS  ACTUAL  OR
 CONSTRUCTIVE NOTICE OF THE DEED;
   (D)  AFFECT  THE  TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY
 FOR ANY FORM OF PUBLIC ASSISTANCE;
   (E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR  OF  THE  DESIGNATED
 BENEFICIARY; OR
   (F)  SUBJECT  THE  PROPERTY  TO CLAIMS OR PROCESS OF A CREDITOR OF THE
 DESIGNATED BENEFICIARY.
   11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT
 AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION  OR
 IN  ANY  OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE
 DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY  THAT  IS
 THE  SUBJECT  OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT
 DEATH:
   (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE
 PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY  IN  ACCORD-
 ANCE WITH THE DEED.
   (2)  THE  INTEREST  OF  A  DESIGNATED BENEFICIARY IS CONTINGENT ON THE
 DESIGNATED BENEFICIARY SURVIVING  THE  TRANSFEROR.  THE  INTEREST  OF  A
 DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES.
   (3)  SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER-
 ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN  EQUAL  AND  UNDIVIDED
 SHARES WITH NO RIGHT OF SURVIVORSHIP.
   (4)  IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI-
 ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF  ONE
 WHICH  LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER,
 OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE  REMAINING
 PART OF THE PROPERTY HELD CONCURRENTLY.
   (B)  SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT
 TO ALL CONVEYANCES,  ENCUMBRANCES,  ASSIGNMENTS,  CONTRACTS,  MORTGAGES,
 LIENS,  AND  OTHER  INTERESTS  TO  WHICH  THE PROPERTY IS SUBJECT AT THE
 TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE
 RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED
 AT THE TRANSFEROR'S DEATH.
 S. 8306--A                         44                         A. 8806--A
 
   (C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY  ONE  OR  MORE
 OTHER  JOINT  OWNERS,  THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON
 DEATH DEED SHALL BELONG TO THE SURVIVING  JOINT  OWNER  OR  OWNERS  WITH
 RIGHT OF SURVIVORSHIP.
   (D)  IF  A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT
 OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE.
   (E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY  WITHOUT  COVENANT  OR
 WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION.
   12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH-
 ING  IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD,
 UNDUE INFLUENCE, DURESS, MISTAKE,  OR  OTHER  INVALIDATING  CAUSE  TO  A
 TRANSFER OF PROPERTY.
   (B)  DIVORCE,  ANNULMENT  OR DECLARATION OF NULLITY, OR DISSOLUTION OF
 MARRIAGE, SHALL HAVE THE SAME EFFECT ON A  TRANSFER  ON  DEATH  DEED  AS
 OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW.
   13.  RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE-
 FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED
 IN A WILL.
   14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE
 EXTENT THE TRANSFEROR'S PROBATE ESTATE IS  INSUFFICIENT  TO  SATISFY  AN
 ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING
 SPOUSE  OR  CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY
 TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED.
   (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR  MORE  TRANSFER
 ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS
 APPORTIONED  AMONG  THE  PROPERTIES IN PROPORTION TO THEIR NET VALUES AT
 THE TRANSFEROR'S DEATH.
   (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION  MUST  BE
 COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH.
   15.  FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO
 CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS  SECTION
 SHALL  GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE
 A TRANSFER ON DEATH DEED:
 
 (FRONT OF FORM)
 
 REVOCABLE TRANSFER ON DEATH DEED
 
 NOTICE TO OWNER
 YOU SHOULD CAREFULLY READ ALL INFORMATION ON  THE  OTHER  SIDE  OF  THIS
 FORM.  YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
 THIS  FORM  MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC-
 TIVE.
 
 IDENTIFYING INFORMATION
 OWNER OR OWNERS MAKING THIS DEED:
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 S. 8306--A                         45                         A. 8806--A
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS
 
 LEGAL DESCRIPTION OF THE PROPERTY:
 
 
 ____________________________________________________
 
 PRIMARY BENEFICIARY
 I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 ALTERNATE BENEFICIARY - OPTIONAL
 IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING
 ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 TRANSFER ON DEATH
 AT  MY  DEATH,  I  TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE
 BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT  TO
 REVOKE THIS DEED.
 
 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
 
 
 ____________________________________________________
 SIGNATURE            DATE
 

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

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

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

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

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

 ____________________________________________________
 SIGNATURE            DATE
 
 SIGNATURE OF WITNESSES
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 NOTARY ACKNOWLEDGMENT
 (INSERT NOTARY ACKNOWLEDGMENT HERE)
 
 (BACK OF FORM)
 
 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
 HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED?
 
 COMPLETE  THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
 THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN-
 TY WHERE THE PROPERTY IS LOCATED. THE  FORM  MUST  BE  ACKNOWLEDGED  AND
 RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT.
 S. 8306--A                         49                         A. 8806--A
 
 HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
 
 THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE
 COUNTY  CLERK'S  OFFICE  OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
 YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
 
 HOW DO I "RECORD" THE FORM?
 
 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
 THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS  GIVEN
 BY  THE  COUNTY  CLERK  TO  MAKE  THE FORM PART OF THE OFFICIAL PROPERTY
 RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU  SHOULD
 RECORD THE FORM IN EACH OF THOSE COUNTIES.
 
 I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
 
 DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI-
 LY MEMBER, FRIEND, OR LAWYER.
 
 I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
 THIS  FORM  IS  DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
 OTHER QUESTIONS, CONSULT A LAWYER.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a law, provided that section 424 of the real property law,
 as added by section seven of this act, shall apply to  any  transfer  on
 death deed made before, on, or after the effective date of this act by a
 transferor dying on or after the effective date of this act.
 
                                  PART P
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to the conveyance and use of real property owned and  maintained  by
 the  state  university  of New York and the New York state department of
 transportation. Each component is  wholly  contained  within  a  Subpart
 identified  as Subparts A through C. The effective date for each partic-
 ular provision contained within such Subpart is set forth  in  the  last
 section of such Subpart. Any provision in any section contained within a
 Subpart, including the effective date of the Subpart, which makes refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section 1. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Farmingdale  ("Farmingdale") seeks to use
 approximately 8.7 acres of vacant land on Farmingdale's campus to  build
 multi-purpose  facilities  to support housing needs and supporting amen-
 ities, fulfilling a necessary and vital public purpose. The  legislature
 further  finds that granting the trustees of the State University of New
 York ("Trustees")  the  authority  and  power  to  lease  and  otherwise
 contract  to  make  available  grounds and facilities of the Farmingdale
 campus will ensure such land is utilized for the benefit of Farmingdale,
 the surrounding community, and the general public.
 S. 8306--A                         50                         A. 8806--A
 
   § 2. Notwithstanding any other law to the contrary, the  Trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to  Farmingdale  state  development
 corporation,  a  not-for-profit  corporation  (the  "ground  lessee"), a
 portion  of the lands of Farmingdale generally described in this act for
 the purpose  of  developing,  constructing,  maintaining  and  operating
 multi-purpose  facilities  to support housing needs and supporting amen-
 ities. Such lease or contract shall be for a period not exceeding  nine-
 ty-nine years without any fee simple conveyance and otherwise upon terms
 and  conditions  determined by such trustees, subject to the approval of
 the director of the division of the budget, the attorney general and the
 state comptroller. In the event that  the  real  property  that  is  the
 subject of such lease or contract shall cease to be used for the purpose
 described  in  this act, such lease or contract shall immediately termi-
 nate and the real property and any improvements thereon shall revert  to
 the  state  university  of  New York. Any lease or contract entered into
 pursuant to this act shall provide that the real property  that  is  the
 subject  of  such  lease  or contract and any improvements thereon shall
 revert to the state university of New York on  the  expiration  of  such
 contract  or lease.   Any and all proceeds related to the leases author-
 ized by this act shall be used for the benefit of the Farmingdale campus
 and the allocation of such proceeds shall be subject to approval by  the
 Trustees.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement shall  be  subject
 to  and  performed in accordance with the provisions of article 8 of the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such contracts or leases, such terms  and  conditions  may  provide  for
 leasing,   subleasing,   construction,  reconstruction,  rehabilitation,
 improvement, operation and management of and provision of  services  and
 assistance  and  the  granting of licenses, easements and other arrange-
 ments with regard to such grounds and facilities  by  Farmingdale  state
 development  corporation, and parties contracting with Farmingdale state
 development corporation, and in connection  with  such  activities,  the
 obtaining  of funding or financing, whether public or private, unsecured
 or secured, including, but not limited to, secured  by  leasehold  mort-
 gages and assignments of rents and leases, by Farmingdale state develop-
 ment corporation and parties contracting with Farmingdale state develop-
 ment corporation for the purposes of completing the project described in
 this act.
   §  6.  Such  lease  shall  include  an indemnity provision whereby the
 lessee or sublessee promises to indemnify, hold harmless and defend  the
 lessor  against all claims, suits, actions, and liability to all persons
 S. 8306--A                         51                         A. 8806--A
 
 on the leased premises, including tenant, tenant's agents,  contractors,
 subcontractors,  employees,  customers,  guests, licensees, invitees and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  Farmingdale
 state  development  corporation is generally described as that parcel of
 real property with improvements thereon consisting of  a  total  of  8.7
 acres  situated  on  the  campus  of the State University of New York at
 Farmingdale, subject to  all  existing  easements  and  restrictions  of
 record.  The description in this section of the parcel to be made avail-
 able pursuant to this act is not meant to be a legal description, but is
 intended only to identify the parcel:
   The property is situated at the southwest corner of NYS Route 110  and
 Melville  Road.  The eastern boundary runs north/south along the western
 side of NYS Route 110 with  approximately  450  feet  of  frontage.  The
 northern boundary runs along Melville Road for just over 1,000 feet.
   §  9. The state university of New York shall not lease lands described
 in this act unless any such lease shall be executed within  5  years  of
 the effective date of this act.
   §  10. Insofar as the provisions of this act are inconsistent with the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Stony  Brook ("Stony Brook") seeks to use
 approximately 10 acres of underutilized land on Stony Brook's  Southamp-
 ton  campus  to  build multi-purpose facilities to support housing needs
 and supporting  amenities,  fulfilling  a  necessary  and  vital  public
 purpose.    The  legislature further finds that granting the trustees of
 the State University of New York ("Trustees") the authority and power to
 lease and otherwise contract to make available grounds and facilities of
 Stony Brook's campus will ensure such land is utilized for  the  benefit
 of Stony Brook, the surrounding community, and the general public.
   §  2.  Notwithstanding any other law to the contrary, the Trustees are
 authorized and empowered, without  any  public  bidding,  to  lease  and
 otherwise contract to make available to a ground lessee a portion of the
 lands  of Stony Brook generally described in this act for the purpose of
 developing, constructing, maintaining and operating multi-purpose facil-
 ities to support housing needs and supporting amenities. Such  lease  or
 contract  shall  be for a period not exceeding ninety-nine years without
 any fee simple conveyance and otherwise upon terms and conditions deter-
 mined by such trustees, subject to the approval of the director  of  the
 division  of the budget, the attorney general and the state comptroller.
 In the event that the real property that is the subject of such lease or
 contract shall cease to be used for the purpose described in  this  act,
 such lease or contract shall immediately terminate and the real property
 and any improvements thereon shall revert to the state university of New
 York.  Any  lease  or  contract  entered into pursuant to this act shall
 provide that the real property that is the  subject  of  such  lease  or
 S. 8306--A                         52                         A. 8806--A
 
 contract  and any improvements thereon shall revert to the state univer-
 sity of New York on the expiration of such contract or  lease.  Any  and
 all  proceeds related to the leases authorized by this act shall be used
 for  the  benefit  of  the Stony Brook campus and the allocation of such
 proceeds shall be subject to approval by the Trustees.
   § 3. Any contract or lease entered into pursuant to this act shall  be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive  law, and any contractor, subcontractor, lessee or sublessee enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement authorized pursuant to this act  shall  be  deemed  a  state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   §  4.  Notwithstanding  any  general, special or local law or judicial
 decision to the contrary, all work performed on a project authorized  by
 this  act where all or any portion thereof involves a lease or agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation,  repair,  renovation, alteration or improvement shall be subject
 to and performed in accordance with the provisions of article 8  of  the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by leasehold mortgages and assignments  of  rents  and  leases,  by  the
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 6. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased  to  the  ground
 lessee is generally described as approximately 10 acres of land situated
 on  the  Southampton campus of the state university of New York at Stony
 Brook, subject to all existing easements and restrictions of record.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 S. 8306--A                         53                         A. 8806--A
 
                                 SUBPART C
 
   Section 1. Notwithstanding the provisions of section 400 of the trans-
 portation  law,  or  any  other  provision  of  law to the contrary, the
 commissioner of transportation is hereby  authorized  and  empowered  to
 transfer  and  convey certain state-owned real property, as described in
 section two of this act, upon such terms and conditions as  the  commis-
 sioner may deem appropriate.
   §  2.  The  lands authorized by this act to be conveyed consist of two
 parcels of land in the town of Babylon, Suffolk county, constituting tax
 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
 generally described as approximately twelve and one-half acres  of  land
 located north of Conklin Street and east of Route 110.
   §  3.  The  description  in section two of this act of the lands to be
 conveyed is not intended to be a legal description and is intended  only
 to identify the premises to be conveyed.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or subpart of this part shall be adjudged by any court of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder of that subpart or  this  part,  but
 shall  be  confined in its operation to the clause, sentence, paragraph,
 subdivision, section, or subpart directly involved in the controversy in
 which such judgment shall have been rendered. It is hereby  declared  to
 be  the intent of the legislature that this part and each subpart herein
 would have been enacted even if such invalid  provisions  had  not  been
 included herein.
   §  3.  This act shall take effect immediately; provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART Q
 
   Section  1.  Subdivision 3 of section 26 of the multiple dwelling law,
 as amended by chapter 748 of the laws of 1961, is  amended  to  read  as
 follows:
   3.  Floor  area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND
 DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A
 POPULATION OF ONE MILLION OR MORE,  OR  AFTER  CONSULTATION  WITH  LOCAL
 OFFICIALS,  AS  PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE
 URBAN  DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell-
 ing or dwellings on a lot shall not exceed 12.0, except that a fireproof
 class B dwelling in which six or more passenger elevators are maintained
 and operated in any city having a local zoning law, ordinance or  resol-
 ution  restricting  districts  in  such  city to residential use, may be
 erected in accordance with the provisions of such zoning law,  ordinance
 or resolution, if such class B dwelling is erected in a district no part
 of  which  is  restricted by such zoning law, ordinance or resolution to
 residential uses.
   § 2. This act shall take effect immediately.
 
                                  PART R
 
   Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
 labor law, as added by section 1 of part FFF of chapter 58 of  the  laws
 of 2020, are amended and a new paragraph e is added to read as follows:
 S. 8306--A                         54                         A. 8806--A
 
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis; [or]
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity[.]; OR
   E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP-
 ERTY TAX LAW.
   § 2. The real property tax law is amended  by  adding  a  new  section
 467-m to read as follows:
   § 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI-
 PLE  DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.  1.
 DEFINITIONS. FOR PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE-
 FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE
 EXEMPTION  FROM  REAL  PROPERTY  TAXATION  AUTHORIZED  PURSUANT  TO THIS
 SECTION.
   B. "AFFORDABILITY REQUIREMENT" SHALL MEAN  THAT  WITHIN  ANY  ELIGIBLE
 MULTIPLE  DWELLING:  (I)  NOT  LESS  THAN TWENTY PERCENT OF THE DWELLING
 UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE  PERCENT  OF
 THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
 WEIGHTED  AVERAGE  OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
 UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR  ALL
 OF  THE  AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE
 HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF  THE  AREA  MEDIAN  INCOME,
 ADJUSTED FOR FAMILY SIZE.
   C.  "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
 THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE  DWELLING  FOR  WHICH
 AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH  SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI-
 OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI-
 LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT  OF  THE  AREA
 MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT.
   D.  "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
 LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT;  AND  (II)  ANY  OTHER
 UNIT  THAT  MEETS  THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND
 UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING  THE  RESTRICTION
 PERIOD,  AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
 OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT  EXCEED  THE  INCOME  BANDS
 ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT.
   E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER-
 VATION AND DEVELOPMENT.
   F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS.
   G.  "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
 EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE  CARE  OR  MAINTE-
 NANCE  OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED TO,
 A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR,
 GARDENER, GROUNDSKEEPER,  ELEVATOR  OPERATOR  AND  STARTER,  AND  WINDOW
 CLEANER,  BUT  NOT  INCLUDING  PERSONS REGULARLY SCHEDULED TO WORK FEWER
 THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING.
   H. "COMMENCEMENT DATE" SHALL MEAN  THE  DATE  UPON  WHICH  THE  ACTUAL
 CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
   I.  "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART-
 MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF
 S. 8306--A                         55                         A. 8806--A
 
 OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE  DWELL-
 ING.
   J.  "CONSTRUCTION  PERIOD"  SHALL  MEAN,  WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING  ON
 THE DAY PRECEDING THE COMPLETION DATE.
   K.  "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH
 IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF  A  NON-RESIDEN-
 TIAL  BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN
 ELIGIBLE MULTIPLE DWELLING.
   M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE  DWELLING  WHICH
 WAS  SUBJECT  TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX  OR
 MORE  DWELLING  UNITS  HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION;
 (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  THIRTY-
 THREE;  AND  (IV)  THE  COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-
 FIRST, TWO THOUSAND THIRTY-NINE.
   N. "FISCAL OFFICER" SHALL MEAN  THE  COMPTROLLER  OR  OTHER  ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS,
 OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC-
 TURES  ON  A  LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR
 FROM THE CENTER LINE OF PARTY WALLS.
   P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE  AREA  MEDIAN  INCOME,
 ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT.
   Q.  "MANHATTAN  PRIME  DEVELOPMENT  AREA"  SHALL  MEAN ANY TAX LOT NOW
 EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY  SOUTH  OF  96TH
 STREET IN THE BOROUGH OF MANHATTAN.
   R.  "MARKET  UNIT"  SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN-
 TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR  INCOME  BAND,
 RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT.
   T.  "MULTIPLE  DWELLING"  SHALL  HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION  OF  A
 STRUCTURE,  EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT
 LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL  OR  MOST
 OF  THE  SPACE  USED  IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE
 STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC-
 TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT  OF
 THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE,
 OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN-
 CY.
   V.  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN  A  TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT  STABILIZA-
 TION  LAW  OF  NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE,
 AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
 IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION OR AS AMENDED  THERE-
 AFTER,  TOGETHER  WITH  ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING
 SUBSTANTIALLY THE SAME SUBJECT MATTER.
   X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT  CONTAINS  DWELLING
 UNITS.
 S. 8306--A                         56                         A. 8806--A
 
   Y.  "RESTRICTION  PERIOD"  SHALL  MEAN  A  PERIOD  COMMENCING  ON  THE
 COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER
 TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS.
   2.  BENEFIT.  IN  CITIES  HAVING  A POPULATION OF ONE MILLION OR MORE,
 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL,  SPECIAL  OR  LOCAL
 LAW  TO  THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL,
 THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE  EXEMPT  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
 IN THE AMOUNTS AND FOR THE PERIODS WHICH SHALL BE  SET  FORTH  IN  REGU-
 LATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN
 CONSULTATION  WITH  THE  AGENCY,  PROVIDED  THAT  SUCH ELIGIBLE MULTIPLE
 DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES.
   3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT  TO
 THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC
 PROGRAM  BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM
 BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE  AGGREGATE
 FLOOR  AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
 AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT  OF  THE  AGGREGATE
 FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS
 SHALL  BE  REDUCED  BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE
 MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE  TAX  ARISING  OUT  OF
 SUCH  REDUCTION  IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO
 RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH  NON-RESIDENTIAL
 TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH
 REDUCTION  IN  AHCC  PROGRAM  BENEFITS, IF ANY, SHALL BE APPORTIONED PRO
 RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF  THIS
 SECTION,  ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR
 ACCESSORY PARKING SPACE LOCATED NOT MORE THAN  TWENTY-THREE  FEET  ABOVE
 THE CURB LEVEL.
   5.  APPLICATION  OF  BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
 CERTIFYING ELIGIBILITY FOR AHCC  PROGRAM  BENEFITS,  THE  DEPARTMENT  OF
 FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
 SIONS  TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE
 ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
   6. AFFORDABILITY REQUIREMENTS. AN  ELIGIBLE  MULTIPLE  DWELLING  SHALL
 COMPLY  WITH  THE  AFFORDABILITY  REQUIREMENT  DEFINED IN PARAGRAPH B OF
 SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI-
 BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING  REQUIREMENTS
 DURING THE RESTRICTION PERIOD:
   A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE  THE  SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE
 UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO  A
 SPECIFIC  FLOOR  OR  AREA  OF  AN  ELIGIBLE  MULTIPLE  DWELLING.  COMMON
 ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS  REGULARLY  USED  BY
 ANY  RESIDENT  OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL-
 ING.
   B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE  OR  LOCAL
 HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
 MULTIPLE  DWELLING  SHALL  HAVE  A  UNIT  MIX PROPORTIONAL TO THE RENTAL
 MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE  AFFORDABLE  HOUSING
 UNITS  IN  AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS
 AND NO MORE THAN TWENTY-FIVE PERCENT OF  THE  AFFORDABLE  HOUSING  UNITS
 SHALL HAVE LESS THAN ONE BEDROOM.
   C.  NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
 RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO  RENT
 S. 8306--A                         57                         A. 8806--A
 
 STABILIZATION  DURING  THE  RESTRICTION  PERIOD; AND (II) ANY AFFORDABLE
 HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY  THE  AGENCY
 PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA-
 TION  FOR  AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA-
 TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT.
   D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED  TO  BE  FILED  SHALL
 CONTAIN  A  DESIGNATION  THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
 UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS-
 ING UNITS" AND SHALL CONTAIN AN EXPLANATION  OF  THE  REQUIREMENTS  THAT
 APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
   E.  FAILURE  TO  COMPLY  WITH  THE PROVISIONS OF THIS SUBDIVISION THAT
 REQUIRE THE CREATION, MAINTENANCE, RENT  STABILIZATION  COMPLIANCE,  AND
 OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC
 PROGRAM BENEFITS.
   F.  NOTHING  IN  THIS  SECTION SHALL: (I) PROHIBIT THE OCCUPANCY OF AN
 AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME  AT  ANY
 TIME  IS  LESS  THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR
 INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH
 AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II)  PROHIBIT  THE
 OWNER  OF  AN  ELIGIBLE  MULTIPLE  DWELLING FROM REQUIRING, UPON INITIAL
 RENTAL OR UPON ANY RENTAL FOLLOWING A  VACANCY,  THE  OCCUPANCY  OF  ANY
 AFFORDABLE HOUSING UNIT BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES.
   G. FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND UPON
 EACH  VACANCY  THEREAFTER,  AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE
 OFFERED FOR RENTAL BY INDIVIDUALS OR  FAMILIES  WHOSE  INCOME  DOES  NOT
 EXCEED  THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND,
 AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE
 HOUSING  UNIT  PURSUANT  TO  THIS  SECTION AND WHO INTEND TO OCCUPY SUCH
 AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE  HOUS-
 ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER
 ENTITY;  OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON-
 ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING
 UNIT AVAILABLE FOR OCCUPANCY.
   H. AN AFFORDABLE HOUSING UNIT SHALL NOT  BE  RENTED  ON  A  TEMPORARY,
 TRANSIENT  OR  SHORT-TERM BASIS.  EVERY LEASE AND RENEWAL THEREOF FOR AN
 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
 OPTION OF THE TENANT.
   I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR
 CONDOMINIUM OWNERSHIP.
   J.  THE  AGENCY  MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
 DEEMS NECESSARY OR APPROPRIATE FOR:  (I)  THE  MARKETING  OF  AFFORDABLE
 HOUSING  UNITS,  BOTH  UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II)
 MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE
 ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND  (IV)
 SPECIFYING  THE  LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY,
 RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED
 WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH  REQUIREMENTS  MAY
 INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE
 AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING.
   K.  NOTWITHSTANDING  ANY  PROVISION OF THIS SECTION TO THE CONTRARY, A
 MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION  UNLESS,  IN  THE
 ABSENCE  OF  AHCC  PROGRAM  BENEFITS,  THE UNIT WOULD BE SUBJECT TO RENT
 STABILIZATION.
   7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 S. 8306--A                         58                         A. 8806--A
 
 EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE-
 MENT COMPANY OR CONTRACTOR.
   B.  ALL  BUILDING  SERVICE  EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING  WAGE
 FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
 FITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED.
   C.  THE  FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
 OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL  OFFICER
 SHALL HAVE THE POWER: (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE
 MADE  TO  DETERMINE THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES,
 AND IN MAKING SUCH INVESTIGATION, THE FISCAL OFFICER  MAY  UTILIZE  WAGE
 AND FRINGE BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED
 TO,  DATA  AND  DETERMINATIONS  OF  FEDERAL, STATE OR OTHER GOVERNMENTAL
 AGENCIES; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL
 NOT BE CONSIDERED WAGES OR A  FRINGE  BENEFIT;  (II)  TO  INSTITUTE  AND
 CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM-
 INE  THE  BOOKS,  DOCUMENTS AND RECORDS PERTAINING TO THE WAGES PAID TO,
 AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES; (IV)  TO
 HOLD  HEARINGS  AND,  IN  CONNECTION  THEREWITH, TO ISSUE SUBPOENAS, THE
 ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL  PRACTICE  LAW  AND
 RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA-
 TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY
 OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS
 BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION;
 (VI)  TO  REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE-
 GOING  POWERS  TO  HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;
 (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
 PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES  AND  POWERS  CONFERRED
 UPON  HIM  OR  HER  BY  THE  PROVISIONS OF THIS SUBDIVISION; AND (IX) TO
 PRESCRIBE  APPROPRIATE  SANCTIONS  FOR  FAILURE  TO  COMPLY   WITH   THE
 PROVISIONS  OF  THIS  SUBDIVISION.  FOR EACH VIOLATION OF PARAGRAPH B OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK
 WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES  THE
 AMOUNT  OF  THE  BACK  WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS  THAT
 THE  APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
 SION, HE OR SHE SHALL PRESENT EVIDENCE OF  SUCH  NON-COMPLIANCE  TO  THE
 AGENCY.
   D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:  (I) AN
 ELIGIBLE  MULTIPLE  DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS;
 OR (II) AN ELIGIBLE  MULTIPLE  DWELLING  WHOSE  ELIGIBLE  CONVERSION  IS
 CARRIED  OUT  WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI-
 DIES PROVIDED BY A  FEDERAL,  STATE  OR  LOCAL  GOVERNMENTAL  AGENCY  OR
 INSTRUMENTALITY  PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE
 HOUSING.
   E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH  ITS  APPLICATION
 CERTIFYING  THAT  IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI-
 SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D  OF  THIS  SUBDIVISION.
 UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
 EXEMPT  IN  ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT
 ANNUALLY A SWORN AFFIDAVIT TO THE  FISCAL  OFFICER  CERTIFYING  THAT  IT
 SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
 S. 8306--A                         59                         A. 8806--A
 
   8.  CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   9.   VOLUNTARY   RENUNCIATION   OR  TERMINATION.  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
 OWNER  SHALL  NOT  BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION  WITH  THE  COMMENCEMENT  OF A TAX EXEMPTION
 PURSUANT TO THE PRIVATE HOUSING FINANCE  LAW  OR  SECTION  FOUR  HUNDRED
 TWENTY-C OF THIS TITLE.
   10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD-
 ABLE  HOUSING  UNITS  SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL
 OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF  THE  RESTRICTION
 PERIOD,  REGARDLESS  OF  WHETHER  SUCH  BENEFITS HAVE BEEN TERMINATED OR
 REVOKED.
   11. POWERS CUMULATIVE. THE  ENFORCEMENT  PROVISIONS  OF  THIS  SECTION
 SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
 DIES OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW  OR  AVAILABLE  AT
 LAW OR IN EQUITY.
   12.  MULTIPLE  TAX  LOTS.  IF  AN  ELIGIBLE MULTIPLE DWELLING CONTAINS
 MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT  TO  ONE
 OR  MORE  OF  SUCH  TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR
 AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH  APPLICA-
 TION  AND  BENEFITS  FOR  EACH  SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE
 BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING.
   13. APPLICATIONS. A. THE APPLICATION  WITH  RESPECT  TO  ANY  ELIGIBLE
 MULTIPLE  DWELLING  SHALL  BE  FILED WITH THE AGENCY NO EARLIER THAN THE
 COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF
 SUCH ELIGIBLE MULTIPLE DWELLING.
   B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL,  OR  LOCAL
 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
 FILED ELECTRONICALLY.
   C.  THE  AGENCY  MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
 SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF  AN  APPLICA-
 TION.  A  FALSE  CERTIFICATION  BY  SUCH  ARCHITECT OR ENGINEER SHALL BE
 DEEMED TO BE PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
 HUNDRED  NINE  OF  THE  EDUCATION LAW.   ANY ARCHITECT OR ENGINEER FOUND
 GUILTY OF SUCH MISCONDUCT UNDER THE  PROCEDURES  PRESCRIBED  IN  SECTION
 SIXTY-FIVE  HUNDRED  TEN  OF  THE  EDUCATION LAW SHALL BE SUBJECT TO THE
 PENALTIES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE  EDUCA-
 TION  LAW  AND  SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION
 PURSUANT TO THIS SECTION.
   D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER  CHARGES,
 AND  SEWER  RENTS  CURRENTLY  DUE AND OWING ON THE PROPERTY WHICH IS THE
 SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN
 TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE  DEPARTMENT
 OF FINANCE OR OTHER APPROPRIATE AGENCY.
   14.  FILING  FEE.  THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN
 THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
 TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES:
   A. IMPOSING A LESSER FEE  FOR  AN  ELIGIBLE  MULTIPLE  DWELLING  WHOSE
 ELIGIBLE  CONVERSION  IS  CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF
 GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN-
 MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE  DEVELOP-
 MENT OF AFFORDABLE HOUSING; AND
 S. 8306--A                         60                         A. 8806--A
 
   B.  REQUIRING  A  PORTION  OF  THE  FILING  FEE  TO  BE  PAID UPON THE
 SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF  APPROV-
 ING  THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER-
 SION.
   15.  RULES.  EXCEPT  AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION,
 THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE  THE  PROVISIONS  OF
 THIS  SECTION  AND  MAY  PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF
 THIS SECTION.
   16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A.  ON  OR
 AFTER  THE  EXPIRATION  DATE  OF  THE  BENEFIT PROVIDED PURSUANT TO THIS
 SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN  OPPORTUNITY  TO  BE
 HEARD,  A  PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF
 THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION.
   B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL  BE  COMPUTED  AS  A
 PERCENTAGE  OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE
 ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR  THAT  BENE-
 FITS  WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL
 ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES  PURSU-
 ANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   C.  A  PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST
 THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE  TIME  THE  VIOLATION
 OCCURRED,  EVEN  IF  SUCH  OWNER  NO  LONGER OWNS SUCH ELIGIBLE MULTIPLE
 DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
   D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED  PURSUANT  TO
 THIS  SUBDIVISION  SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI-
 SONMENT NOT TO EXCEED SIX MONTHS.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section 1. The multiple dwelling law is amended by adding a new  arti-
 cle 7-D to read as follows:
                                ARTICLE 7-D
     LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS
 SECTION 288. DEFINITIONS.
         289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.
         290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND
                INHABITED CELLAR DWELLING UNITS.
   § 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW-
 FULLY  OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE
 EFFECTIVE DATE OF THIS ARTICLE;
   2. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY
 OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC-
 TIVE DATE OF THIS ARTICLE;
   3. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR  WITHOUT
 A WRITTEN AGREEMENT; AND
   4. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 DWELLING UNIT IS RENTED.
   §  289.  BASEMENT  AND CELLAR LOCAL LAWS AND REGULATIONS.  1. NOTWITH-
 STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
 CITY WITH A POPULATION OF ONE MILLION OR  MORE,  THE  LOCAL  LEGISLATIVE
 BODY  MAY,  BY  LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT
 HEALTH AND SAFETY ARE  PROTECTED,  (A)  THE  LEGALIZATION  OF  SPECIFIED
 INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN
 S. 8306--A                         61                         A. 8806--A
 
 EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION
 TO  LEGAL DWELLING UNITS, OR (B) THE CONVERSION OF OTHER SPECIFIED BASE-
 MENT AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE  DATE
 OF  THIS  ARTICLE  TO  LEGAL DWELLING UNITS. THE LOCAL LAW AUTHORIZED BY
 THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL
 NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING  ENVIRONMENTAL  REVIEW
 CONDUCTED  PURSUANT  TO  ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER.
   2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO  AN  OWNER
 WHO  CONVERTS  AN  INHABITED  BASEMENT DWELLING UNIT OR INHABITED CELLAR
 DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS  ARTICLE
 OR  WHO  OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN INHABITED BASEMENT
 DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT, (A)  FREEDOM  FROM  ANY
 CIVIL  OR  ADMINISTRATIVE  LIABILITY, CITATIONS, FINES, PENALTIES, JUDG-
 MENTS  OR  ANY  OTHER  DETERMINATIONS    OF  OR  PROSECUTION  FOR  CIVIL
 VIOLATIONS  OF  THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND
 THE ZONING RESOLUTION OF SUCH CITY, AND (B) RELIEF FROM ANY  OUTSTANDING
 CIVIL  JUDGMENTS  ISSUED  IN  CONNECTION WITH ANY SUCH VIOLATION OF SUCH
 LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE  THE  EFFECTIVE  DATE  OF
 THIS  ARTICLE.    PROVIDED  THAT  SUCH  LOCAL LAW SHALL REQUIRE THAT ALL
 APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE  CERTAIN  SUBSEQUENT  TO
 THE  EFFECTIVE  DATE  OF  THIS  ARTICLE, PROVIDED FURTHER THAT SUCH DATE
 SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF  THIS  CHAPTER  OR
 LOCAL  LAW,  RULE  OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR
 THE ALTERATIONS NECESSARY FOR THE CONVERSION OF  A  SPECIFIED  INHABITED
 BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECI-
 FIED  BASEMENT  OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFEC-
 TIVE DATE INTO A LAWFUL DWELLING  UNIT.  ANY  AMENDMENT  OF  THE  ZONING
 RESOLUTION  NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC
 HEARING AT THE PLANNING COMMISSION OF SUCH  LOCALITY,  AND  APPROVAL  BY
 SUCH  COMMISSION  AND  THE  LEGISLATIVE  BODY  OF SUCH LOCAL GOVERNMENT,
 PROVIDED, HOWEVER, THAT  IT  SHALL  NOT  REQUIRE  ENVIRONMENTAL  REVIEW,
 INCLUDING  ENVIRONMENTAL  REVIEW  CONDUCTED PURSUANT TO ARTICLE EIGHT OF
 THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND  LOCAL  REGULATIONS
 PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW.
   §  290.  TENANT  PROTECTIONS  IN INHABITED BASEMENT DWELLING UNITS AND
 INHABITED CELLAR DWELLING UNITS.   1. THE  PROGRAM  AUTHORIZED  BY  THIS
 ARTICLE  SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN
 INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR  DWELLING  UNIT  BE
 ACCOMPANIED  BY  A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED
 TO A TENANT ON THE  EFFECTIVE  DATE  OF  THIS  ARTICLE,  NOTWITHSTANDING
 WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT
 USE  SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE-
 GAL OCCUPANCY OF SUCH UNIT, PROVIDED  THAT  NOTHING  CONTAINED  IN  THIS
 ARTICLE  SHALL  BE  CONSTRUED  TO  LIMIT SUCH CITY FROM ISSUING A VACATE
 ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS.
   2. THE LOCAL LAW AUTHORIZED BY  THIS  ARTICLE  SHALL  PROVIDE  THAT  A
 TENANT  IN  OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE,
 WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS  A  RESULT  OF  AN
 ALTERATION  NECESSARY  TO  BRING  AN INHABITED BASEMENT DWELLING UNIT OR
 INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB-
 LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE  A  RIGHT
 OF  FIRST  REFUSAL  TO  RETURN  TO  SUCH UNIT AS A TENANT UPON ITS FIRST
 LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING  WHETHER  THE
 OCCUPANCY  AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR-
 S. 8306--A                         62                         A. 8806--A
 
 IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN
 MULTIPLE TENANTS MAY CLAIM SUCH RIGHT.
   3.  A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A
 LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY
 THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN  ANY  COURT  OF  COMPETENT
 JURISDICTION  FOR  COMPENSATORY  DAMAGES  OR  DECLARATORY AND INJUNCTIVE
 RELIEF AS THE  COURT  DEEMS  NECESSARY  IN  THE  INTERESTS  OF  JUSTICE,
 PROVIDED  THAT  SUCH  COMPENSATORY  RELIEF  SHALL  NOT EXCEED THE ANNUAL
 RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT.
   § 2. This act shall take effect immediately.
 
                                  PART T
 
   Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
 section 421-a of the real property tax law, as amended by section  3  of
 part  TTT  of  chapter  59  of  the  laws of 2017, is amended to read as
 follows:
   (xxviii) "Eligible multiple dwelling" shall mean a  multiple  dwelling
 or  homeownership  project containing six or more dwelling units created
 through new construction or eligible conversion for which the  commence-
 ment date is after December thirty-first, two thousand fifteen and on or
 before  June  fifteenth,  two  thousand  twenty-two,  and  for which the
 completion date is on or before June fifteenth,  two  thousand  [twenty-
 six] THIRTY-ONE.
   § 2.  This act shall take effect immediately.
 
                                  PART U
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 485-x to read as follows:
   § 485-X. AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE.    1.
 DEFINITIONS.  FOR PURPOSES OF THIS SECTION:
   (A)  "AFFORDABLE  NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE BENEFITS
 (HEREINAFTER REFERRED TO AS "ANNY PROGRAM  BENEFITS")"  SHALL  MEAN  THE
 EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION.
   (B)  "AFFORDABLE HOMEOWNERSHIP PROGRAM" SHALL ONLY APPLY TO A HOMEOWN-
 ERSHIP PROJECT, OF WHICH A PRESCRIBED PERCENT OF THE UNITS  SHALL,  UPON
 INITIAL SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH
 SUBSEQUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION
 DATE,  BE  AFFORDABLE  TO INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME
 DOES NOT EXCEED A PRESCRIBED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL  AGREE,  IN
 WRITING,  TO  MAINTAIN  SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR NO LESS
 THAN FIVE YEARS FROM THE ACQUISITION OF SUCH UNIT, AND SUCH  PROJECT  IS
 SUBJECT  TO  A  REGULATORY  AGREEMENT  WITH A CITY OR STATE AGENCY.  THE
 PRESCRIBED PERCENTAGE OF THE UNITS AND THE PRESCRIBED PERCENTAGE OF  THE
 AREA  MEDIAN INCOME SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY THE
 AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION
 EIGHT OF THIS SECTION.
   (C) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
 WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE  AND
 THE  DENOMINATOR  OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN SUCH
 ELIGIBLE SITE.
   (D) "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I)  IS
 SITUATED  WITHIN  THE  ELIGIBLE SITE FOR WHICH ANNY PROGRAM BENEFITS ARE
 GRANTED; AND (II) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL
 S. 8306--A                         63                         A. 8806--A
 
 FOLLOWING A VACANCY DURING THE APPLICABLE RESTRICTION PERIOD, IS AFFORD-
 ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT
 EXCEED  A  PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
 FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH
 DWELLING UNIT. THE PRESCRIBED AREA MEDIAN INCOME  PERCENTAGES  SHALL  BE
 SET  FORTH  IN  REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH
 THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION.
   (E) "AGENCY" SHALL MEAN THE DEPARTMENT  OF  HOUSING  PRESERVATION  AND
 DEVELOPMENT.
   (F) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
   (G) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE
 AMOUNT  OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF,
 CONSTRUCTION WORKERS FOR CONSTRUCTION  WORK  DIVIDED  BY  THE  AGGREGATE
 NUMBER OF HOURS OF CONSTRUCTION WORK.
   (H)  "BROOKLYN  PRIME  DEVELOPMENT  AREA"  SHALL MEAN ANY TAX LOTS NOW
 EXISTING OR HEREAFTER CREATED WHICH  ARE  LOCATED  ENTIRELY  WITHIN  THE
 BOROUGH  OF BROOKLYN AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (I) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
 EMPLOYED  AT,  AND  PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
 NANCE OF, AN ELIGIBLE SITE, INCLUDING, BUT NOT LIMITED TO,  A  WATCHMAN,
 GUARD,  DOORMAN,  BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, GARDENER,
 GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND  WINDOW  CLEANER,  BUT
 NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER THAN EIGHT HOURS
 PER WEEK AT THE ELIGIBLE SITE.
   (J)  "COMMENCEMENT  DATE"  SHALL  MEAN,  WITH  RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION  AND  CONSTRUCTION  OF
 INITIAL  FOOTINGS  AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
 AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF
 THE  CONVERSION,  ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
 OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
   (K) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE  MULTI-
 PLE  DWELLING,  THE  DATE  UPON  WHICH THE LOCAL DEPARTMENT OF BUILDINGS
 ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY  COVER-
 ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING.
   (L)  "CONSTRUCTION  PERIOD"  SHALL  MEAN, WITH RESPECT TO ANY ELIGIBLE
 MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
 MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS  BEFORE  THE
 COMPLETION  DATE  OF SUCH ELIGIBLE MULTIPLE DWELLING; AND (II) ENDING ON
 THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE  MULTIPLE  DWELL-
 ING.
   (M) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON
 AN  ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE,
 WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY  FORM,
 MAKE  OR  BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA-
 TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES  OR  EQUIP-
 MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL
 AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
   (N)   "CONSTRUCTION   WORKERS"   SHALL  MEAN  ALL  PERSONS  PERFORMING
 CONSTRUCTION WORK WHO (I) ARE PAID ON AN HOURLY BASIS AND (II)  ARE  NOT
 IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
   (O)  "CONTRACTOR  CERTIFIED  PAYROLL  REPORT"  SHALL  MEAN AN ORIGINAL
 PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE  INDE-
 PENDENT  MONITOR  SETTING  FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
 CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF  CONSTRUCTION  WORK
 S. 8306--A                         64                         A. 8806--A
 
 PERFORMED  BY CONSTRUCTION WORKERS, AND THE AMOUNT OF WAGES AND EMPLOYEE
 BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
   (P)  "ELIGIBLE  CONVERSION"  SHALL  MEAN THE CONVERSION, ALTERATION OR
 IMPROVEMENT OF A PRE-EXISTING  BUILDING  OR  STRUCTURE  RESULTING  IN  A
 MULTIPLE  DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR
 AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
   (Q) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN  A  MULTIPLE  DWELLING  OR
 HOMEOWNERSHIP  PROJECT  CONTAINING  SIX  OR  MORE DWELLING UNITS CREATED
 THROUGH NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE  COMMENCE-
 MENT DATE IS WITHIN FIVE YEARS SUBSEQUENT TO THE DATE ON WHICH THE MEMO-
 RANDUM  OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-
 TWO OF THIS SECTION, AND FOR WHICH THE COMPLETION DATE  IS  WITHIN  NINE
 YEARS  SUBSEQUENT  TO THE DATE ON WHICH A MEMORANDUM OF UNDERSTANDING IS
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (R) "ELIGIBLE SITE" SHALL MEAN EITHER: (I) A  TAX  LOT  CONTAINING  AN
 ELIGIBLE  MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR MORE
 ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
   (S) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION  PAID
 BY  THE  EMPLOYER,  ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES,
 INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS  MADE  INTO
 PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY
 COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND
 APPRENTICESHIP  TRAINING.  THE  VALUE  OF ANY EMPLOYEE BENEFITS RECEIVED
 SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF
 THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
   (T) "FISCAL OFFICER" SHALL MEAN THE  COMPTROLLER  OR  OTHER  ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (U)  "FLOOR  AREA"  SHALL  MEAN  THE  HORIZONTAL  AREAS OF THE SEVERAL
 FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
 RY STRUCTURES ON A LOT MEASURED FROM  THE  EXTERIOR  FACES  OF  EXTERIOR
 WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
   (V)  "FOUR  PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING
 TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH  (B)
 OF  PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE INTERNAL
 REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   (W) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION  PERIOD,
 A  ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN
 ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST  FORTY  YEARS
 OF  THE  RESTRICTION  PERIOD,  A ONE HUNDRED PERCENT EXEMPTION FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   (X) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS
 CONDOMINIUM OR COOPERATIVE HOUSING.
   (Y) "HOMEOWNERSHIP PROJECT RESTRICTION PERIOD"  SHALL  MEAN  A  PERIOD
 COMMENCING  ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVER-
 SARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION  OR
 REVOCATION OF ANNY PROGRAM BENEFITS.
   (Z)  "INDEPENDENT  MONITOR"  SHALL  MEAN AN ACCOUNTANT LICENSED AND IN
 GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF  THE  EDUCA-
 TION LAW.
   (AA)  "JOB  ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE
 WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR  ORGANIZA-
 TION  OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD-
 ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES,  WALK
 OUTS,  SLOWDOWNS,  PICKETING,  BANNERING,  HAND BILLING, DEMONSTRATIONS,
 SICKOUTS, REFUSALS TO CROSS A PICKET LINE,  REFUSALS  TO  HANDLE  STRUCK
 S. 8306--A                         65                         A. 8806--A

 BUSINESS,  AND  USE  OF  THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR
 DISPLAYS.
   (BB)  "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
 THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH  ALL  DWELLING  UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (CC)  "LARGE  RENTAL  PROJECT  RESTRICTION PERIOD" SHALL MEAN A PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY,  NOTWITH-
 STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS.
   (DD) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX  LOTS,  NOW
 EXISTING    OR  HEREAFTER  CREATED,  LOCATED  ENTIRELY IN THE BOROUGH OF
 MANHATTAN AND AS SET FORTH PURSUANT TO THE MEMORANDUM  OF  UNDERSTANDING
 ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
   (EE)  "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   (FF) "MULTIPLE DWELLING" SHALL HAVE THE  SAME  MEANING  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   (GG)  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN A TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   (HH) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME  DEVELOP-
 MENT  AREA,  THE  BROOKLYN  PRIME  DEVELOPMENT AREA AND THE QUEENS PRIME
 DEVELOPMENT AREA.
   (II) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL  MEAN  A  CERTIFIED
 PAYROLL  REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI-
 CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH  SETS  FORTH
 THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION
 WORKERS,  THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
 WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
   (JJ) "QUEENS PRIME DEVELOPMENT AREA"  SHALL  MEAN  ANY  TAX  LOTS  NOW
 EXISTING  OR  HEREAFTER  CREATED  WHICH  ARE LOCATED ENTIRELY WITHIN THE
 BOROUGH OF QUEENS AND AS SET FORTH PURSUANT TO A  MEMORANDUM  OF  UNDER-
 STANDING  ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS
 SECTION.
   (KK) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT  STABILI-
 ZATION  LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE,
 AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
 IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF  TWO
 THOUSAND  TWENTY-FOUR  THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER,
 TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING  SUBSTAN-
 TIALLY THE SAME SUBJECT MATTER.
   (LL)  "RENTAL  PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT
 AND SMALL RENTAL PROJECT.
   (MM) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   (NN) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING  OF
 LESS  THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (OO) "SMALL RENTAL PROJECT RESTRICTION PERIOD"  SHALL  MEAN  A  PERIOD
 COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI-
 VERSARY  OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION
 OR REVOCATION OF ANNY PROJECT BENEFITS.
   (PP) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF  AN  EXEMPT
 FACILITY  BOND,  AS  DEFINED  IN  PARAGRAPH  SEVEN  OF SUBSECTION (A) OF
 SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE  OF  NINETEEN
 HUNDRED  EIGHTY-SIX,  AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
 TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
 NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
 S. 8306--A                         66                         A. 8806--A
 
   (QQ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT
 RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION  AND  OVER-
 SEES  AND  MANAGES  THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS.
 THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY  APPROVED
 BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR
 REPRESENTATIVES  OF  THE  LARGEST  TRADE ASSOCIATION OF RESIDENTIAL REAL
 ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
 AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
 LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION  WORKERS,  WITH
 MEMBERSHIP  IN  NEW YORK CITY.  THE THIRD-PARTY FUND ADMINISTRATOR SHALL
 BE APPOINTED FOR A TERM OF THREE  YEARS,  PROVIDED,  HOWEVER,  THAT  THE
 ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO
 SERVE  BEYOND  THE  END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
 APPOINTED.  THE FISCAL OFFICER, AFTER PROVIDING NOTICE AND AFTER MEETING
 WITH THE THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE  SUCH  ADMINISTRATOR
 FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS
 BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE
 CONSTRUCTION  WORKERS.  THE THIRD-PARTY FUND ADMINISTRATOR SHALL, AT THE
 REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER.
   (RR) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR  THE  CONSTRUCTION
 PERIOD,  A  ONE  HUNDRED  PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
 OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST  TWEN-
 TY-FIVE  YEARS  OF  THE  SMALL  RENTAL PROJECT RESTRICTION PERIOD OR THE
 LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE,  A  ONE  HUNDRED
 PERCENT  EXEMPTION  FROM  REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
 FOR LOCAL IMPROVEMENTS; AND (III) FOR THE FINAL TEN YEARS OF  THE  SMALL
 RENTAL PROJECT RESTRICTION PERIOD OR FOR THE NEXT TEN YEARS OF THE LARGE
 RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, AN EXEMPTION FROM REAL
 PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, EQUAL
 TO THE AFFORDABILITY PERCENTAGE.
   (SS) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS  OF
 ANY  KIND  PAID  TO,  OR  ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION  WORKER,  TOGETHER  WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
 WELFARE,  NON-OCCUPATIONAL  DISABILITY  COVERAGE,  RETIREMENT,  VACATION
 BENEFITS,  HOLIDAY  PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
 PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL  AMOUNTS
 PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
 TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
 UNEMPLOYMENT  INSURANCE  AND  PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
 UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
   2. BENEFIT. IN CITIES HAVING A POPULATION  OF  ONE  MILLION  OR  MORE,
 NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
 THE CONTRARY, NEW  ELIGIBLE  MULTIPLE  DWELLINGS,  EXCEPT  HOTELS,  THAT
 COMPLY  WITH  THE  PROVISIONS  OF THIS SECTION SHALL BE EXEMPT FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE
 AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION. A RENTAL  PROJECT
 THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A THIR-
 TY-FIVE  YEAR  BENEFIT AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE
 REQUIREMENTS OF THIS SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT.
   3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN
 THIS SECTION, RENTAL PROJECTS CONTAINING MORE THAN THE NUMBER OF  RENTAL
 UNITS SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
 TO  SUBDIVISION  TWENTY-TWO  OF THIS SECTION THAT ARE LOCATED WITHIN THE
 PRIME DEVELOPMENT AREA SHALL COMPLY WITH THE REQUIREMENTS SET  FORTH  IN
 THIS  SUBDIVISION.  FOR PURPOSES OF THIS SUBDIVISION, "CONTRACTOR" SHALL
 S. 8306--A                         67                         A. 8806--A
 
 MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTHER  PARTY,  INCLUDING  SUB-
 CONTRACTORS, UNDERTAKES TO PERFORM CONSTRUCTION WORK AT AN ELIGIBLE SITE
 AND  "APPLICANT"  SHALL  MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS AND
 ANY SUCCESSOR THERETO.
   (A) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
 ELIGIBLE  SITE  WITHIN  THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO
 LESS THAN THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO
 PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND  SHALL  INCREASE
 PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM.
   (B) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
 ELIGIBLE  SITE  WITHIN THE BROOKLYN PRIME DEVELOPMENT AREA OR THE QUEENS
 PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN THE AMOUNT SET BY THE MEMO-
 RANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION  TWENTY-TWO
 OF  THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY
 SUCH MEMORANDUM.
   (C) THE REQUIREMENTS OF PARAGRAPHS (A) AND  (B)  OF  THIS  SUBDIVISION
 SHALL NOT BE APPLICABLE TO:
   (I)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
 THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH  SUBSEQUENT  RENTAL
 FOLLOWING  A VACANCY DURING THE LARGE RENTAL PROJECT RESTRICTION PERIOD,
 ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN
 INCOME, ADJUSTED FOR FAMILY  SIZE,  AT  THE  TIME  THAT  SUCH  HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT; OR
   (II)  ANY ELIGIBLE DWELLING THAT MEETS EXEMPTION CRITERIA SET FORTH IN
 A MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
 TY-TWO OF THIS SECTION.
   (D) THE APPLICANT SHALL CONTRACT WITH AN INDEPENDENT  MONITOR.    SUCH
 INDEPENDENT  MONITOR  SHALL SUBMIT TO THE FISCAL OFFICER WITHIN ONE YEAR
 OF THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN  THE
 EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE
 FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT
 TO  A  FINE  OF  ONE  THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF;
 PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE  THOUSAND  DOLLARS.
 IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE AVERAGE HOURLY WAGE SET
 PURSUANT  TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION AS APPLICABLE, THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
 SUCH DEFICIENCY.
   (E) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH
 CONTRACTOR AND SUB-CONTRACTOR  NO  LATER  THAN  NINETY  DAYS  AFTER  THE
 COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
 THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
 THE  CONTRACTOR  CERTIFIED  PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
 THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL  OFFICER
 AND  THE  FISCAL  OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR
 SUB-CONTRACTOR IN AN AMOUNT SET FORTH BY THE MEMORANDUM OF UNDERSTANDING
 ENTERED  INTO  PURSUANT  TO  SUBDIVISION  TWENTY-TWO  OF  THIS  SECTION,
 PROVIDED  THAT  THE MAXIMUM FINE SHALL NOT EXCEED AN AMOUNT SET FORTH IN
 SUCH MEMORANDUM.
   (F) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT  SHOWS
 THAT  THE WAGE PAID AS REQUIRED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
 SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID  IS  WITHIN  FIFTEEN
 PERCENT OF THE AVERAGE HOURLY WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR
 (B)  OF  THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED
 TWENTY DAYS FROM THE DATE OF SUBMISSION OF SUCH  PROJECT-WIDE  CERTIFIED
 PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINIS-
 S. 8306--A                         68                         A. 8806--A
 
 TRATOR  AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE
 PROJECT-WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND  ADMINISTRA-
 TOR  SHALL  DISTRIBUTE  SUCH  PAYMENT  TO  THE  CONSTRUCTION WORKERS WHO
 PERFORMED  CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH
 REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL
 OFFICER A PLAN SUBJECT TO THE FISCAL OFFICER'S  APPROVAL  SETTING  FORTH
 THE  MANNER  IN  WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE
 REQUIRED AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF  RECEIVING
 THE  PAYMENT  FROM  THE  APPLICANT  AND  HOW ANY REMAINING FUNDS WILL BE
 DISBURSED IN THE EVENT THAT THE THIRD-PARTY  FUND  ADMINISTRATOR  CANNOT
 DISTRIBUTE  THE  FUNDS  TO  THE  CONSTRUCTION WORKERS WITHIN ONE YEAR OF
 RECEIVING FISCAL OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT FAILS
 TO MAKE SUCH PAYMENT WITHIN THE TIME PERIOD  PRESCRIBED  IN  THIS  PARA-
 GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT
 SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVI-
 SION  TWENTY-TWO  OF  THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL
 NOT EXCEED THE AMOUNT SET BY THE  MEMORANDUM  OF  UNDERSTANDING  ENTERED
 INTO  PURSUANT  TO  SUBDIVISION TWENTY-TWO OF THIS SECTION.  IF THE WAGE
 PAID IS MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION  WAGE  REQUIRED
 PURSUANT  TO  PARAGRAPH  (A)  OR (B) OF THIS SUBDIVISION, AS APPLICABLE,
 THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE  OF  SUBMISSION
 OF  SUCH  PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY
 TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE  AMOUNT  OF
 THE  DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT. THE THIRD-
 PARTY  FUND  ADMINISTRATOR  SHALL  DISTRIBUTE  SUCH   PAYMENT   TO   THE
 CONSTRUCTION  WORKERS  WHO  PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
 SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR
 SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO  THE  FISCAL  OFFI-
 CER'S  APPROVAL  SETTING  FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND
 ADMINISTRATOR WILL REACH THE REQUIRED AVERAGE  HOURLY  WAGE  WITHIN  ONE
 HUNDRED  FIFTY  DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW
 ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE  THIRD-PARTY
 FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK-
 ERS  WITHIN  ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION,
 THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN  AMOUNT
 EQUAL  TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED,
 HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE
 ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A  JOB  ACTION  WHICH
 RESULTS  IN  A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE
 SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN  THIS  PARAGRAPH,  THE
 APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT SET BY THE
 MEMORANDUM  OF  UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
 TY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT  EXCEED
 THE  AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
 SUBDIVISION TWENTY-TWO OF THIS SECTION.   NOTWITHSTANDING ANY  PROVISION
 OF  THIS  SUBDIVISION,  THE APPLICANT SHALL NOT BE LIABLE IN ANY RESPECT
 WHATSOEVER FOR ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR  RESULTING
 FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR FOR FRAUDULENT OR INAC-
 CURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDULENT OR INACCU-
 RATE  PROJECT-WIDE  CERTIFIED  PAYROLL  REPORTS, PROVIDED, HOWEVER, THAT
 PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR IN THE AMOUNT SET FORTH IN
 THE PROJECT-WIDE CERTIFIED PAYROLL REPORT AS DESCRIBED IN THIS PARAGRAPH
 SHALL STILL BE MADE BY THE CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT  OF
 UNDERPAYMENT  RESULTING FROM OR CAUSED BY THE CONTRACTOR OR SUB-CONTRAC-
 TOR, AND THAT THE APPLICANT WILL  BE  LIABLE  FOR  UNDERPAYMENT  TO  THE
 THIRD-PARTY  FUND ADMINISTRATOR UNLESS THE FISCAL OFFICER DETERMINES, IN
 S. 8306--A                         69                         A. 8806--A
 
 ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT OF, OR  CAUSED
 BY,  CONTRACTOR  FRAUD,  MISTAKE  OR NEGLIGENCE AND/OR FOR FRAUDULENT OR
 INACCURATE CONTRACTOR  CERTIFIED  PAYROLL  REPORTS  AND/OR  PROJECT-WIDE
 CERTIFIED  PAYROLL  REPORTS. THE APPLICANT SHALL OTHERWISE NOT BE LIABLE
 IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD-PARTY FUND  ADMINIS-
 TRATOR  HAS BEEN MADE IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTI-
 FIED PAYROLL REPORT. OTHER THAN THE UNDERPAYMENT, WHICH MUST BE PAID  TO
 THE THIRD-PARTY FUND ADMINISTRATOR, ALL FINES AND PENALTIES SET FORTH IN
 THIS  SUBDIVISION  IMPOSED  BY  THE  FISCAL OFFICER SHALL BE PAID TO THE
 AGENCY AND USED BY THE AGENCY TO PROVIDE AFFORDABLE HOUSING.
   (G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE
 RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED,
 HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A  WAIVER  OF  ANY
 EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED
 TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR
 RIGHTS  AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION RELIEVES
 ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   (H) THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE  AND
 ENFORCE  ANY  LIABILITY  FOR  UNDERPAYMENT OWING TO THE THIRD-PARTY FUND
 ADMINISTRATOR FROM THE APPLICANT AND/OR THE CONTRACTOR, AS A  RESULT  OF
 CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU-
 RATE  CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED
 PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION.  THE
 FISCAL OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND  HEARING
 AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL
 DETERMINE  THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER IN
 HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A  COPY
 OF  SUCH  ORDER,  EITHER  PERSONALLY OR BY MAIL, TOGETHER WITH NOTICE OF
 FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH
 AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND
 SHALL HAVE THE RIGHT TO ISSUE SUBPOENAS, ADMINISTER  OATHS  AND  EXAMINE
 WITNESSES.  THE  ENFORCEMENT  OF  A SUBPOENA ISSUED UNDER THIS PARAGRAPH
 SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND RULES.  THE  FILING  OF
 SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK-
 ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND
 IN  THE  NAME  OF  THE  FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE
 EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES  FOR  THE
 ENFORCEMENT OF A MONEY JUDGMENT.
   4. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN
 ELIGIBLE  SITE  MUST,  OVER THE COURSE OF THE DESIGN AND CONSTRUCTION OF
 SUCH ELIGIBLE SITE, MAKE ALL REASONABLE EFFORTS TO  SPEND  ON  CONTRACTS
 WITH  MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST TWENTY-FIVE
 PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE
 DEFINED IN RULES OF THE AGENCY. SUCH  RULES  SHALL  SET  FORTH  REQUIRED
 MEASURES  WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT ARE
 COMPARABLE, TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY  AGENCIES
 OF  THE  CITY  OF  NEW YORK TO ENHANCE MINORITY AND WOMEN OWNED BUSINESS
 ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW,
 INCLUDING SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF  NEW
 YORK.
   5.  TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
 THIS SECTION, THE OWNER OF ANY  ELIGIBLE  SITE  RECEIVING  ANNY  PROGRAM
 BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS
 ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
   (A)  WITH  RESPECT  TO  EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON
 SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON  THE  ASSESSED  VALUATION  OF
 S. 8306--A                         70                         A. 8806--A
 
 SUCH  LAND  AND  ANY  IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR
 PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
 OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY  TAXATION
 IN  EFFECT  DURING  SUCH  TAX  YEAR,  WHICH REAL PROPERTY TAXES SHALL BE
 CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE  DUE;
 AND
   (B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   6.  LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
 FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
 AN  ELIGIBLE  SITE,  OTHER  THAN  PARKING WHICH IS LOCATED NOT MORE THAN
 TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE  PERCENT  OF  THE
 AGGREGATE  FLOOR  AREA  IN SUCH ELIGIBLE SITE, ANY ANNY PROGRAM BENEFITS
 SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS.  IF  AN  ELIGIBLE
 SITE  CONTAINS  MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION
 IN ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA  AMONG  ANY
 NON-RESIDENTIAL  TAX  LOTS.  AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE
 FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN
 ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA  AMONG  THE
 REMAINING RESIDENTIAL TAX LOTS.
   7.  CALCULATION  OF  BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
 CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY  PROGRAM  BENEFITS,  THE
 ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
 BE EXEMPTED.
   8.  AFFORDABILITY  REQUIREMENTS.  A  RENTAL  PROJECT SHALL MAINTAIN AN
 AFFORDABILITY PERCENTAGE AT OR ABOVE THE MINIMUM AFFORDABILITY  PERCENT-
 AGE  SET  FORTH IN REGULATIONS PROMULGATED BY THE AGENCY. THE AFFORDABLE
 DWELLING UNITS WITHIN A RENTAL PROJECT SHALL COMPLY WITH THE AREA MEDIAN
 INCOME AFFORDABILITY LEVEL OR LEVELS SET FORTH PURSUANT  TO  REGULATIONS
 PROMULGATED  BY  THE AGENCY. IN SETTING THE AFFORDABILITY PERCENTAGE AND
 THE AREA MEDIAN INCOME LEVELS, THE AGENCY SHALL CONSIDER  THE  FOLLOWING
 GOALS  AND  FACTORS:  THE PRODUCTION OF FINANCIALLY VIABLE, HIGH QUALITY
 AND SAFE HOUSING, PARTICULARLY IN WELL-RESOURCED AREAS  WITH  HIGH  LAND
 ACQUISITION COSTS, THAT MEET THE NEEDS OF LOW AND MODERATE INCOME HOUSE-
 HOLDS AND INDIVIDUALS.
   (A)  ALL  RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN
 SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A  SPECIFIC
 FLOOR  OR AREA OF AN ELIGIBLE MULTIPLE DWELLING.  COMMON ENTRANCES SHALL
 MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL  DWELLING  UNIT
 IN  THE  ELIGIBLE  MULTIPLE  DWELLING  FOR  INGRESS AND EGRESS FROM SUCH
 ELIGIBLE MULTIPLE DWELLING.
   (B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR  LOCAL
 HOUSING  PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
 MULTIPLE DWELLING SHALL HAVE A  UNIT  MIX  PROPORTIONAL  TO  THE  MARKET
 UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN
 AN  ELIGIBLE  MULTIPLE  DWELLING  SHALL HAVE TWO OR MORE BEDROOMS AND NO
 MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE
 LESS THAN ONE BEDROOM.
   (C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
 RY, ALL AFFORDABLE HOUSING UNITS SHALL  REMAIN  FULLY  SUBJECT  TO  RENT
 STABILIZATION   BOTH   DURING  AND  SUBSEQUENT  TO  THE  SMALL  BUILDING
 RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA-
 BLE.
   (D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO  BE  FILED  SHALL
 CONTAIN  A  DESIGNATION  THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
 UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS-
 S. 8306--A                         71                         A. 8806--A
 
 ING UNITS" AND SHALL CONTAIN AN EXPLANATION  OF  THE  REQUIREMENTS  THAT
 APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
   (E)  FAILURE  TO  COMPLY  WITH THE PROVISIONS OF THIS SUBDIVISION THAT
 REQUIRE THE CREATION, MAINTENANCE,  RENT  STABILIZATION  COMPLIANCE  AND
 OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
 PROJECT  THE FAILURE TO COMPLY WITH THE AFFORDABLE HOMEOWNERSHIP PROJECT
 REQUIREMENTS SHALL RESULT IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR
 THE PERIOD OF SUCH NON-COMPLIANCE.
   (F) NOTHING IN THIS SECTION SHALL (I) PROHIBIT  THE  OCCUPANCY  OF  AN
 AFFORDABLE  HOUSING  UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT ANY
 TIME IS LESS THAN THE MAXIMUM PERCENTAGE  OF  THE  AREA  MEDIAN  INCOME,
 ADJUSTED  FOR  FAMILY  SIZE,  SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT
 PURSUANT TO THIS SECTION, OR (II) PROHIBIT THE OWNER OF AN ELIGIBLE SITE
 FROM REQUIRING, UPON INITIAL RENTAL  OR  UPON  ANY  RENTAL  FOLLOWING  A
 VACANCY,  THE  OCCUPANCY  OF  ANY  AFFORDABLE HOUSING UNIT BY SUCH LOWER
 INCOME INDIVIDUALS OR FAMILIES.
   (G) FOLLOWING ISSUANCE OF A TEMPORARY  CERTIFICATE  OF  OCCUPANCY  AND
 UPON  EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY
 BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME  DOES  NOT
 EXCEED  THE  MAXIMUM  PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
 FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
 SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT  AS  THEIR
 PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO
 A  CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE MARKET
 FOR A PERIOD LONGER THAN IS  REASONABLY  NECESSARY  TO  PERFORM  REPAIRS
 NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY.
   (H)  AN  AFFORDABLE  HOUSING  UNIT SHALL NOT BE RENTED ON A TEMPORARY,
 TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL  THEREOF  FOR  AN
 AFFORDABLE  HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
 OPTION OF THE TENANT.
   (I) AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO  COOP-
 ERATIVE OR CONDOMINIUM OWNERSHIP.
   (J)  THE  AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
 DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS-
 ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II)  MONI-
 TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE
 MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
 EXEMPTION  PURSUANT  TO THIS SUBDIVISION. SUCH REQUIREMENTS MAY INCLUDE,
 BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY  THE  AGENCY
 AND PAID FOR BY THE OWNER.
   (K)  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
 MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION  UNLESS,  IN  THE
 ABSENCE  OF  ANNY  PROGRAM  BENEFITS,  THE UNIT WOULD BE SUBJECT TO RENT
 STABILIZATION.
   9. BUILDING SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF  THIS  SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 EES  FOR  SUCH  APPLICANT,  INCLUDING,  BUT  NOT  LIMITED TO, A PROPERTY
 MANAGEMENT COMPANY OR CONTRACTOR.
   (B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE  APPLICANT  AT  THE
 ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURA-
 TION  OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
 FITS ARE REVOKED OR TERMINATED.
   (C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE  PROVISIONS
 OF  THIS  SUBDIVISION.  IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER
 SHALL HAVE THE POWER:
 S. 8306--A                         72                         A. 8806--A

   (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE  TO  DETERMINE
 THE  PREVAILING  WAGES  FOR  BUILDING  SERVICE EMPLOYEES; IN MAKING SUCH
 INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE  AND  FRINGE  BENEFIT
 DATA  FROM  VARIOUS  SOURCES,  INCLUDING,  BUT  NOT LIMITED TO, DATA AND
 DETERMINATIONS   OF  FEDERAL,  STATE  OR  OTHER  GOVERNMENTAL  AGENCIES,
 PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT  SHALL  NOT  BE
 CONSIDERED WAGES OR A FRINGE BENEFIT;
   (II)  TO  INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
 ELSEWHERE;
   (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS  PERTAINING  TO  THE
 WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
 EMPLOYEES;
   (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO  ISSUE  SUBPOE-
 NAS,  ADMINISTER  OATHS  AND  EXAMINE  WITNESSES;  THE  ENFORCEMENT OF A
 SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY  THE  CIVIL
 PRACTICE LAW AND RULES;
   (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
 NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
 DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
 EMPLOYEES IN SUCH CLASSIFICATION;
   (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK;
   (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY  OR
 OTHER AUTHORIZED REPRESENTATIVE;
   (VIII)  TO  PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
 THE  PROPER  EXECUTION  OF  THE  DUTIES,  RESPONSIBILITIES  AND   POWERS
 CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH; AND
   (IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
 PROVISIONS  OF  THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE  THE  PAYMENT  OF:  (A)
 BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES
 THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR  (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT
 THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS  SUBPARA-
 GRAPH,  HE  OR  SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
 AGENCY.
   (D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
   (I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING
 UNITS; OR
   (II) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING  UNITS
 ARE  AFFORDABLE  HOUSING  UNITS  AND NOT LESS THAN FIFTY PERCENT OF SUCH
 AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT
 RENTAL FOLLOWING A VACANCY ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY
 BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
 THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   (E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION,
 AND  ANNUALLY  THEREAFTER,  CERTIFYING  THAT  IT  SHALL  COMPLY WITH THE
 REQUIREMENTS OF THIS SUBDIVISION.
   (F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST  OF  ALL  ELIGIBLE  SITES
 SUBJECT  TO  THE  REQUIREMENTS  OF  THIS  PARAGRAPH  AND  THE AFFIDAVITS
 REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
   10. REPLACEMENT RATIO. IF THE  LAND  ON  WHICH  AN  ELIGIBLE  SITE  IS
 LOCATED  CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-
 MENT DATE OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH
 S. 8306--A                         73                         A. 8806--A
 
 ELIGIBLE  MULTIPLE  DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT
 LEAST ONE AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON
 SUCH DATE AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED.
   11. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING  ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   12.  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
 PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
 OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE  OR  TERMINATE  ANNY
 PROGRAM  BENEFITS  UNLESS  THE  AGENCY  AUTHORIZES  SUCH RENUNCIATION OR
 TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW  TAX  EXEMPTION
 PURSUANT  TO  EITHER  THE  PRIVATE  HOUSING  FINANCE LAW OR SECTION FOUR
 HUNDRED TWENTY-C OF THIS TITLE.
   13. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY
 PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION; PROVIDED, HOWEVER,
 THAT THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS  FOR
 A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION. IF AN APPLI-
 CANT  HAS  COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH B
 OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGEN-
 CY MAY REVOKE ANY BENEFITS UNDER THIS  SECTION.  FOR  PURPOSES  OF  THIS
 SUBDIVISION,  A  "VIOLATION"  OF PARAGRAPH B OF SUBDIVISION NINE OF THIS
 SECTION SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE  APPLI-
 CANT  HAS  FAILED TO COMPLY WITH PARAGRAPH B OF SUBDIVISION NINE OF THIS
 SECTION AND HAS FAILED TO CURE THE DEFICIENCY  WITHIN  THREE  MONTHS  OF
 SUCH  FINDING.    PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION,
 THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN
 THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL  OFFI-
 CER  SHALL  PUBLISH  ON  ITS  WEBSITE  A LIST OF ALL APPLICANTS WITH TWO
 VIOLATIONS AS DEFINED IN THIS PARAGRAPH. IF ANNY  PROGRAM  BENEFITS  ARE
 TERMINATED  OR  REVOKED  FOR NONCOMPLIANCE WITH THIS SECTION: (A) ALL OF
 THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT  STABILIZATION
 AND   ALL   OTHER  REQUIREMENTS  OF  THIS  SECTION  FOR  THE  APPLICABLE
 RESTRICTION PERIOD, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS
 SECTION, AS IF THE ANNY PROGRAM BENEFITS  HAD  NOT  BEEN  TERMINATED  OR
 REVOKED; OR (B) FOR A HOMEOWNERSHIP PROJECT, SUCH PROJECT SHALL CONTINUE
 TO  COMPLY WITH AFFORDABILITY REQUIREMENTS SET FORTH IN THIS SECTION AND
 ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE  RESTRICTION  PERIOD  AND
 ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY
 PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   14.  POWERS  CUMULATIVE.  THE  ENFORCEMENT  PROVISIONS OF THIS SECTION
 SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER  RIGHTS,  REME-
 DIES,  OR  ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT
 LAW OR IN EQUITY.
   15. MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
 AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH  TAX
 LOTS.  THE  AGENCY SHALL DETERMINE ELIGIBILITY FOR ANNY PROGRAM BENEFITS
 BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION  AND  BENEFITS  FOR
 EACH  MULTIPLE  DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH
 MULTIPLE DWELLING.
   16. APPLICATIONS. (A) THE APPLICATION WITH  RESPECT  TO  ANY  ELIGIBLE
 MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
 AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
   (B)  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
 FILED ELECTRONICALLY.
 S. 8306--A                         74                         A. 8806--A
 
   (C) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT  OR  ENGINEER
 SUBMITTED  BY  AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
 TION. A FALSE CERTIFICATION BY  SUCH  ARCHITECT  OR  ENGINEER  SHALL  BE
 DEEMED  TO  BE  PROFESSIONAL  MISCONDUCT  PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED  NINE  OF  THE  EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
 TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
 SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW AND SHALL  THERE-
 AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SECTION.
   (D)  THE  AGENCY  SHALL  NOT  REQUIRE  THAT  THE APPLICANT DEMONSTRATE
 COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION AS
 A CONDITION TO APPROVAL OF THE APPLICATION.
   17. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE  THOUSAND
 DOLLARS  PER  DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER,
 THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
 CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE  SUBSTANTIAL
 ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
 LOCAL  GOVERNMENTAL  AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR
 THE DEVELOPMENT OF AFFORDABLE HOUSING.
   18. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE  OF  THIS
 SECTION,  THE  AGENCY  SHALL  HAVE  THE  SOLE  AUTHORITY  TO ENFORCE THE
 PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES  TO  CARRY  OUT  THE
 PROVISIONS OF THIS SECTION.
   19.  ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRA-
 RY, A SMALL  RENTAL  PROJECT,  LARGE  RENTAL  PROJECT  OR  HOMEOWNERSHIP
 PROJECT  WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO THOU-
 SAND TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION  FOUR
 HUNDRED  TWENTY-ONE-A  OF  THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THE
 CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS  SECTION
 MAY  ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS
 PURSUANT TO THIS SECTION.
   20. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR,  THE  COMMIS-
 SIONER  OF  THE  NEW  YORK  CITY  DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE  TEMPORARY  PRESI-
 DENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE
 NUMBER OF TOTAL PROJECTS AND UNITS CREATED  BY  THIS  SECTION  BY  YEAR,
 LEVEL  OF  AFFORDABILITY,  AND  COMMUNITY  BOARD,  THE  COST OF THE ANNY
 PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY
 DEPARTMENT OF HOUSING PRESERVATION AND  DEVELOPMENT  DEEMS  APPROPRIATE.
 THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY
 REQUEST  AND  SHALL  RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART-
 MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS,  PUBLIC  BENEFIT  CORPO-
 RATIONS  OR  AGENCIES  OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR
 ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING  BENE-
 FITS PURSUANT TO THIS SECTION.
   21.  PENALTIES  FOR  VIOLATIONS  OF LARGE RENTAL PROJECT AFFORDABILITY
 REQUIREMENTS. (A) ON AND AFTER THE EXPIRATION DATE  OF  THE  THIRTY-FIVE
 YEAR  BENEFIT  FOR  A LARGE RENTAL PROJECT, THE AGENCY MAY IMPOSE, AFTER
 NOTICE AND AN OPPORTUNITY TO BE HEARD, A FINE FOR ANY VIOLATION  OF  THE
 AFFORDABILITY  REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF
 THIS SECTION BY SUCH LARGE RENTAL PROJECT.  THE AGENCY SHALL ESTABLISH A
 SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION
 SEVENTEEN OF THIS SECTION.
   (B) A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER  OF
 THE  ELIGIBLE  SITE CONTAINING SUCH LARGE RENTAL PROJECT AT THE TIME THE
 VIOLATION OCCURRED, EVEN IF SUCH OWNER  NO  LONGER  OWNS  SUCH  ELIGIBLE
 S. 8306--A                         75                         A. 8806--A
 
 SITE.    A  FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN AND SUCH OTHER
 REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION.
   22.  THE  PROVISIONS  OF  SUBDIVISIONS  ONE THROUGH TWENTY-ONE OF THIS
 SECTION SHALL TAKE EFFECT ONLY UPON THE CONDITIONS  THAT  ON  OR  BEFORE
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE: (A) A MEMORANDUM OF UNDERSTAND-
 ING  IS  EXECUTED  BY ONE, OR MORE, REPRESENTATIVES OF THE LARGEST TRADE
 ASSOCIATION OF RESIDENTIAL REAL ESTATE DEVELOPERS, EITHER FOR PROFIT  OR
 NOT-FOR-PROFIT,  IN  NEW  YORK  CITY  AS WELL AS ONE, OR MORE, REPRESEN-
 TATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND
 CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY, AND  (B)  NOTICE
 OF  SUCH  FULL  EXECUTION  IS DELIVERED TO THE LEGISLATIVE BILL DRAFTING
 COMMISSION. SUCH MEMORANDUM OF UNDERSTANDING  SHALL  INCLUDE  PROVISIONS
 REGARDING  WAGES  OR WAGE SUPPLEMENTS FOR CONSTRUCTION WORKERS ON BUILD-
 INGS OVER FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY THE BENEFITS OF  THIS
 SECTION;  PROVIDED,  HOWEVER,  THAT  SUCH  MEMORANDUM SHALL ALSO ADDRESS
 ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II) APPLICA-
 TION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS, (III) WAGE SCHEDULES
 FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY, AND (IV)  A  SCHEDULE
 OF FINES FOR NON-COMPLIANCE WITH THE WAGE REQUIREMENTS SET FORTH IN THIS
 SECTION.  THE  TERMS  AND  CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING
 SHALL APPLY TO ALL PROJECTS WITH MORE THAN FIFTEEN  UNITS  THAT  RECEIVE
 BENEFITS  UNDER  THIS  SECTION  AFTER THE MEMORANDUM OF UNDERSTANDING IS
 EXECUTED. NOTWITHSTANDING THE FOREGOING, THE ADDITION, AMENDMENT  AND/OR
 REPEAL  OF  ANY  RULE  OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF
 THIS ACT ON ITS EFFECTIVE DATE ARE AUTHORIZED TO BE MADE  AND  COMPLETED
 ON OR BEFORE SUCH EFFECTIVE DATE.
   § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor
 law,  as  added  by  section  1 of part FFF of chapter 58 of the laws of
 2020, are amended and a new paragraph h is added to read as follows:
   f. funds provided pursuant to subdivision  three  of  section  twenty-
 eight hundred fifty-three of the education law; [and]
   g.  any  other public monies, credits, savings or loans, determined by
 the public subsidy board created in section two hundred twenty-four-c of
 this article as exempt from this definition[.]; AND
   H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-X OF THE REAL PROP-
 ERTY TAX LAW.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to  the  clause,  sentence,  paragraph,  subdivision, or section thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  department of housing preservation and development shall notify the
 legislative  bill  drafting  commission  upon  the  occurrence  of   the
 execution of the memorandum of understanding provided for in subdivision
 twenty-two  of  section  485-x  of the real property tax law as added by
 section one of this act in order that the  commission  may  maintain  an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.
 S. 8306--A                         76                         A. 8806--A
 
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through U of this act shall  be
 as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8306--B
 
                             I N  S E N A T E
 
                             January 17, 2024
                                ___________
 
 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  allowable  transportation
   expenses;  to  amend  the education law, in relation to transportation
   aid and the Clean Water, Clean Air, and Green Jobs Environmental  Bond
   Act  of  2022;  to  amend  the  education law, in relation to academic
   enhancement aid; to amend the education law, in relation to  high  tax
   aid;  to  amend the education law, in relation to universal prekinder-
   garten and the Statewide universal full-day pre-kindergarten  program;
   to amend the education law, in relation to implementation of the smart
   schools  bond  act of 2014; to amend the education law, in relation to
   special apportionments and grants-in-aid to school districts; to amend
   the education law, in relation to extending certain provisions of  the
   teachers  of  tomorrow  teacher  recruitment and retention program; to
   amend the education law, in relation to the underrepresented  teachers
   of tomorrow tuition reimbursement program; to amend the education law,
   in  relation  to  maximum  class sizes for special classes for certain
   students with disabilities; to amend chapter 82 of the laws  of  1995,
   amending  the  education  law  and other laws relating to state aid to
   school districts and the appropriation of funds  for  the  support  of
   government, in relation to the effectiveness thereof; to amend chapter
   756  of  the laws of 1992 relating to funding a program for work force
   education conducted by the consortium for worker education in New York
   city, in relation to reimbursement for the 2023-2024 school year with-
   holding a portion of  employment  preparation  education  aid  and  in
   relation  to the effectiveness thereof; to amend the education law, in
   relation to the financing of charter schools; to amend part A of chap-
   ter 56 of the laws of  2023  directing  the  education  department  to
   conduct  a  comprehensive  study  of  alternative tuition rate-setting
   methodologies  for  approved  providers   operating   school-age   and
   preschool  programs  receiving state funding, in relation to extending
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-03-4
 S. 8306--B                          2
 
   the date for the submission of such recommendations; to amend  chapter
   169 of the laws of 1994, relating to certain provisions related to the
   1994-95 state operations, aid to localities, capital projects and debt
   service  budgets,  in  relation to the effectiveness thereof; to amend
   subpart F of part C of chapter 97 of the laws of  2011,  amending  the
   education  law relating to census reporting, in relation to the effec-
   tiveness thereof;  providing  for  special  apportionment  for  salary
   expenses;  providing  for  special  apportionment  for  public pension
   accruals; providing for set-asides from the state funds which  certain
   districts  are  receiving from the total foundation aid; providing for
   support of public libraries; to amend the education law,  in  relation
   to funds for serving persons twenty-one years of age or older who have
   not  been  enrolled in any school for the preceding year; and to amend
   chapter 670 of the laws of 2007 amending the education law relating to
   directing the commissioner  of  education  to  promulgate  regulations
   limiting  the engines of school vehicles to remain idling while parked
   or standing on school grounds, in relation to the effectiveness there-
   of (Part A); to amend the education law, 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;  to  amend the education law, in relation to establishing a
   zero-emission school bus  committee;  in  relation  to  directing  the
   commissioner  of education to conduct a study on the efficacy, adequa-
   cy, and equity of the foundation aid formula; to amend  the  education
   law,  in relation to aid payable to school districts for library mate-
   rials; to amend the  education  law,  in  relation  to  directing  the
   commissioner  of  education to annually convene a statewide convention
   to bring together underrepresented educators; to amend  the  education
   law,  in relation to establishing the Dolly Parton's statewide library
   system of New York; to amend the state finance  law,  in  relation  to
   establishing  the  imagination  library of New York fund; to amend the
   education law, in relation to aid for transportation after 4pm  for  a
   city  school  district  located  in  a city having a population of one
   million or more; to amend the education  law,  in  relation  to  grant
   amounts  related to the universal prekindergarten program; in relation
   to directing the commissioner of education to conduct a study  on  the
   consolidation of all of the prekindergarten funding streams; to repeal
   section  37-d of part A of chapter 56 of the laws of 2021 amending the
   education law relating to school aid, relating to  enrollment  adjust-
   ment  factors  being  applied  as a result of a certain state disaster
   emergency; and providing for the repeal  of  certain  provisions  upon
   expiration thereof (Part A-1); to amend the education law, in relation
   to  establishing  evidence-based  reading instructional best practices
   for students attending prekindergarten through grade three  (Part  B);
   to  amend  the  education law, in relation to establishing a universal
   financial aid policy (Part C);  intentionally  omitted  (Part  D);  to
   amend the education law, in relation to ensuring informational coordi-
   nation  between  state educational agencies (Part E); to amend chapter
   260 of the laws of 2011 amending the education law and  the  New  York
   state  urban  development  corporation  act  relating  to establishing
   components of the NY-SUNY 2020 challenge grant program, in relation to
   the effectiveness thereof (Part F); to amend part N of chapter  56  of
   the  laws  of  2020,  amending  the  social  services  law relating to
   restructuring financing for residential school placements, in relation
   to the effectiveness thereof (Part G); to amend  the  social  services
   law, in relation to increasing the standards of monthly need for aged,
 S. 8306--B                          3
 
   blind  and disabled persons living in the community (Part H); to amend
   the family court act and the domestic relations law,  in  relation  to
   establishment  and  modification  of child support orders (Part I); to
   amend  the  labor  law,  in  relation  to  nursing employees' right to
   express breast milk (Part J); intentionally omitted (Part K); to amend
   the labor law, in  relation  to  civil  penalties  for  violations  of
   certain  provisions for the payment of wages; to amend the civil prac-
   tice law and rules, in relation to grounds for  attachment;  to  amend
   the  business  corporation law, in relation to streamlining procedures
   where employees may hold shareholders of  non-publicly  traded  corpo-
   rations personally liable for wage theft; to amend the limited liabil-
   ity  company  law, in relation to creating a right for victims of wage
   theft to hold the ten members with the largest ownership interests  in
   a company personally liable for wage theft; to amend the labor law, in
   relation  to  penalties  for certain wage violations; and to amend the
   state finance law, in relation to  establishing  the  New  York  state
   worker  protection  and  labor law enforcement fund (Part L); to amend
   chapter 25 of the laws of 2020, relating to providing requirements for
   sick leave and the provision of certain employee  benefits  when  such
   employee  is  subject to a mandatory or precautionary order of quaran-
   tine or isolation due  to  COVID-19,  in  relation  to  limiting  such
   provisions  to  employees  working  in a facility licensed pursuant to
   article 28 of the public health law (Part M); to utilize  reserves  in
   the  mortgage insurance fund for various housing purposes (Part N); to
   amend the criminal procedure law, the penal law and the executive law,
   in relation to the crime of deed theft; to  amend  the  real  property
   actions  and  proceedings  law, in relation to the partition of heirs'
   property; and to amend the real property law, in relation to  allowing
   transfer  on  death deeds (Part O); relating to the conveyance and use
   of real property owned by the State University of New York at Farming-
   dale (Subpart A); relating to the conveyance and use of real  property
   owned  and  maintained  by  the  State University of New York at Stony
   Brook (Subpart B); and relating to the  conveyance  and  use  of  real
   property  owned  and  maintained  by  the department of transportation
   (Subpart C) (Part P); to amend the multiple dwelling law, in  relation
   to  authorizing a city of one million or more to remove the cap on the
   floor area ratio of certain dwellings (Part Q); to amend the labor law
   and the real property tax law, in relation to the exemption from  real
   property  taxation  of  certain  multiple dwellings in a city having a
   population of one million or  more  (Part  R);  intentionally  omitted
   (Part  S); intentionally omitted (Part T); intentionally omitted (Part
   U); to amend the education law, in relation to allowing  for  students
   in postsecondary education experience or transition program to receive
   awards  from  the  tuition  assistance  program (Part V); to amend the
   education law, in relation to the  criteria  for  determining  tuition
   assistance  program  awards  (Part  W); to amend the education law, in
   relation to establishing a Black Leadership Institute within the State
   University of New York (Part X); to amend the labor law,  in  relation
   to  decreasing  the  length  of  the  suspension  period applicable to
   certain striking workers who seek  to  obtain  unemployment  insurance
   benefits (Part Y); to amend the workers' compensation law, in relation
   to  the  parties' rights to a hearing upon application to the workers'
   compensation board and requiring a record of all hearings  held  (Part
   Z);  to amend the social services law, in relation to establishing the
   New York healthy incentive program (Subpart A); to  amend  the  social
   services  law, in relation to automating SNAP and the New York healthy
 S. 8306--B                          4
 
   incentive program (Subpart B); and to amend the social  services  law,
   in  relation  to  establishing  the New York healthy incentive program
   outreach program (Subpart C) (Part AA); to amend the  social  services
   law,  in relation to allowances for the costs of diapers (Part BB); 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 CC); to amend the social services law,
   in  relation to child care assistance under the child care block grant
   (Part DD); establishing a fiscal cliff task force to conduct  a  study
   on fiscal cliffs in the state's public assistance programs and to make
   recommendations  related thereto; and providing for the repeal of such
   provision upon expiration thereof  (Part  EE);  to  amend  the  social
   services  law,  in relation to establishing differential payment rates
   for child care services provided by licensed, registered  or  enrolled
   child  care  providers  (Part  FF);  to  amend  the  education law, in
   relation to tuition assistance program awards for dual  or  concurrent
   enrollment  coursework  (Part GG); to amend the public housing law, in
   relation to establishing the housing access voucher program (Part HH);
   to amend the education law, in relation to permitting tuition  assist-
   ance  program  awards  to  be  made  to part-time students enrolled in
   certain degree granting institutions chartered or  authorized  by  the
   New York state board of regents (Part II); to amend the education law,
   in relation to requiring the use of project labor agreements for large
   scale  construction  projects  under the state university construction
   fund (Part JJ); to amend the executive law, in relation to  establish-
   ing  the  commission for the modernization and revitalization of down-
   state medical center  (Part  KK);  to  amend  the  education  law,  in
   relation  to  providing  student  loan  forgiveness  for mental health
   professionals (Part LL); to amend the executive law,  in  relation  to
   requiring the state fire prevention and building code council to study
   and  adopt  uniform  fire  prevention  and  building code standards to
   promote fire safety and accessibility in certain  single-exit,  single
   stairway multi-unit residential buildings (Part MM); to amend the real
   property tax law, in relation to directing the comptroller of the city
   of New York to conduct annual audits of compliance with the affordable
   New  York housing program (Part NN); to amend the social services law,
   in relation to raising  the  federal  poverty  level  requirement  for
   recipients of social services where it concerns the one-time disregard
   of  earned income following job entry for up to six consecutive months
   (Part OO); 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 PP); to
   amend the education law, in relation to student refunds (Part QQ);  to
   amend  the  private housing finance law, in relation to creating a new
   acquisition fund for community land trusts located in New  York  state
   (Part RR); to amend the real property law, in relation to establishing
   an  accessory  dwelling unit incentive program; to amend the executive
   law, in relation to including an accessory dwelling unit in  the  term
   housing  accommodations in the human rights law; and 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 acces-
   sory  dwelling  unit  (Part  SS); to amend the executive law, the real
   property actions and proceedings law and the  real  property  law,  in
   relation  to establishing the New York state office of civil represen-
   tation to provide access to legal  services  in  eviction  proceedings
   (Part  TT);  to  amend the state finance law, in relation to the local
 S. 8306--B                          5
 
   share requirements associated with  increasing  the  age  of  juvenile
   jurisdiction  (Part UU); to amend the social services law, in relation
   to providing internet access to all individuals residing in  temporary
   housing; and to amend the New York state urban development corporation
   act,  in  relation  to the ConnectAll   digital   equity grant program
   (Part VV); to amend the private housing finance law,  in  relation  to
   establishing  the  infill  housing  pilot  program  in  the  cities of
   Buffalo, Rochester, Syracuse, Albany  and  Binghamton  (Part  WW);  to
   amend  the  real  property  tax  law,  in  relation to establishing an
   optional local tax exemption for affordable multi-family housing (Part
   XX); to amend the real property law, in relation to  establishing  the
   homeowner  protection  program (Part YY); to amend the private housing
   finance law and the state finance law, in relation to establishing the
   rental improvement fund pilot program (Part ZZ); to amend the adminis-
   trative code of the city of New York and chapter 576 of  the  laws  of
   1974,  constituting  the  emergency  tenant protection act of nineteen
   seventy-four, in  relation  to  vacant  apartments  and  major  tenant
   repairs  (Part  AAA); to amend the social services law, in relation to
   establishing the mothers and infants lasting  change  allowance  (Part
   BBB);  to  amend the private housing finance law and the labor law, in
   relation to establishing the New York housing opportunity  corporation
   act  of 2024 (Part CCC); to amend the social services law, in relation
   to removing the  requirement  that  rent  arrears  be  repaid  and  in
   relation  to  authorizing emergency assistance to pay rent arrears for
   up to twelve months in certain instances  (Part  DDD);  to  amend  the
   labor law and the public service law, in relation to wage requirements
   and  labor  peace  agreements  for  public  projects involving certain
   renewable energy systems (Part EEE); and to amend the social  services
   law,  in relation to establishing a state SNAP minimum benefit program
   (Part FFF)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 necessary to implement the state education, labor,  housing  and  family
 assistance budget for the 2024-2025 state fiscal year. Each component is
 wholly  contained  within  a Part identified as Parts A through FFF. The
 effective date for each particular provision contained within such  Part
 is  set  forth  in  the  last section of such Part. Any provision in any
 section contained within a Part, including the  effective  date  of  the
 Part,  which  makes a reference to a section "of this act", when used in
 connection with that particular component, shall be deemed to  mean  and
 refer  to  the  corresponding  section of the Part in which it is found.
 Section three of this act sets forth the general effective date of  this
 act.
 
                                  PART A
 
   Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
 tion law, as amended by section 1 of part A of chapter 56 of the laws of
 2023, is amended to read as follows:
   e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
 district that submitted a contract for excellence for the  two  thousand
 eight--two  thousand nine school year shall submit a contract for excel-
 S. 8306--B                          6
 
 lence for the  two  thousand  nine--two  thousand  ten  school  year  in
 conformity  with the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section unless all schools in the  district  are
 identified  as  in  good  standing  and  provided further that, a school
 district that submitted a contract for excellence for the  two  thousand
 nine--two  thousand  ten school year, unless all schools in the district
 are identified as in good standing, shall submit a contract  for  excel-
 lence for the two thousand eleven--two thousand twelve school year which
 shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
 graph a of subdivision two of this section, provide for the  expenditure
 of  an  amount  which  shall  be not less than the product of the amount
 approved by the commissioner in the contract for excellence for the  two
 thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
 district's gap elimination adjustment percentage  and  provided  further
 that, a school district that submitted a contract for excellence for the
 two thousand eleven--two thousand twelve school year, unless all schools
 in  the  district  are  identified  as  in good standing, shall submit a
 contract for excellence for the two thousand twelve--two thousand  thir-
 teen  school  year  which  shall,  notwithstanding  the  requirements of
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  eleven--two  thousand  twelve  school  year and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the  two  thousand twelve--two thousand thirteen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 thirteen--two thousand fourteen school year which shall, notwithstanding
 the requirements of subparagraph (vi) of paragraph a of subdivision  two
 of this section, provide for the expenditure of an amount which shall be
 not  less  than  the amount approved by the commissioner in the contract
 for excellence for the two thousand twelve--two thousand thirteen school
 year and provided further that,  a  school  district  that  submitted  a
 contract  for  excellence  for  the  two thousand thirteen--two thousand
 fourteen school year, unless all schools in the district are  identified
 as  in good standing, shall submit a contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year  which   shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 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
 S. 8306--B                          7

 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  and  provided  further  that,  a school district that submitted a
 contract for excellence for the two thousand twenty--two thousand  twen-
 ty-one school year, unless all schools in the district are identified as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-one--two thousand twenty-two school  year  which  shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 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
 S. 8306--B                          8
 
 subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand twenty-one--two thousand twenty-two school year;
 and provided further that, a school district that submitted  a  contract
 for  excellence  for  the  two thousand twenty-two--two thousand twenty-
 three school year, unless all schools in the district are identified  as
 in  good  standing,  shall  submit a contract for excellence for the two
 thousand twenty-three--two thousand twenty-four school year which shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner  in the contract for excellence for the two thousand twenty-two--
 two thousand twenty-three school year;  AND  PROVIDED  FURTHER  THAT,  A
 SCHOOL  DISTRICT  THAT  SUBMITTED  A CONTRACT FOR EXCELLENCE FOR THE TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, UNLESS  ALL
 SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT
 A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF
 SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION,
 PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE  NOT  LESS  THAN
 THE  AMOUNT  APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
 FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR;
 provided, however, that, in a city school district in a  city  having  a
 population  of  one million or more, notwithstanding the requirements of
 subparagraph (vi) of paragraph a of subdivision two of this section, the
 contract for excellence shall provide for the expenditure as  set  forth
 in  subparagraph  (v) of paragraph a of subdivision two of this section.
 For purposes of this paragraph, the "gap elimination adjustment percent-
 age" shall be calculated as the sum of one minus the quotient of the sum
 of the school district's net gap elimination adjustment for two thousand
 ten--two thousand eleven computed pursuant to chapter fifty-three of the
 laws of two thousand ten,  making  appropriations  for  the  support  of
 government,  plus  the  school district's gap elimination adjustment for
 two thousand eleven--two thousand twelve as computed pursuant to chapter
 fifty-three of the laws of two thousand  eleven,  making  appropriations
 for  the  support  of the local assistance budget, including support for
 general support for public schools, divided by the total aid for adjust-
 ment computed pursuant to chapter fifty-three of the laws of  two  thou-
 sand  eleven,  making  appropriations  for  the local assistance budget,
 including support for general  support  for  public  schools.  Provided,
 further,  that  such  amount  shall  be expended to support and maintain
 allowable programs and activities approved in the two thousand nine--two
 thousand ten school  year  or  to  support  new  or  expanded  allowable
 programs and activities in the current year.
   § 2. Intentionally omitted.
   §  2-a. Paragraph k of subdivision 4 of section 3602 of education law,
 as added by section 2 of part A of chapter 56 of the laws  of  2023,  is
 amended to read as follows:
   k.  Foundation aid payable in the two thousand twenty-three--two thou-
 sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND  TWENTY-FIVE
 school [year] YEARS. Notwithstanding any provision of law to the contra-
 ry,  foundation  aid payable in the two thousand twenty-three--two thou-
 sand twenty-four AND TWO THOUSAND TWENTY-FOUR--TWO THOUSAND  TWENTY-FIVE
 school  [year]  YEARS  shall be equal to the sum of the total foundation
 aid base computed pursuant to paragraph j of  subdivision  one  of  this
 S. 8306--B                          9
 
 section  plus the greater of (a) the positive difference, if any, of (i)
 total foundation aid computed pursuant to paragraph a of  this  subdivi-
 sion  less (ii) the total foundation aid base computed pursuant to para-
 graph  j of subdivision one of this section, or (b) the product of three
 hundredths (0.03) multiplied by the total foundation aid  base  computed
 pursuant to paragraph j of subdivision one of this section.
   § 3. Intentionally omitted.
   § 4. Intentionally omitted.
   §  5.  Paragraph  d  of subdivision 4 of section 3602 of the education
 law, as amended by section 6 of part YYY of chapter 59 of  the  laws  of
 2019, is amended to read as follows:
   d.  For  the  two  thousand fourteen--two thousand fifteen through two
 thousand [twenty-three] TWENTY-EIGHT--two thousand  [twenty-four]  TWEN-
 TY-NINE  school  years  a  city school district of a city having a popu-
 lation of one million or more may use amounts  apportioned  pursuant  to
 this subdivision for afterschool programs.
   § 6. Intentionally omitted.
   § 7. Intentionally omitted.
   § 8. Intentionally omitted.
   § 9. Intentionally omitted.
   § 10. Intentionally omitted.
   §  11.  Subparagraphs  2  and  3  of paragraph b of subdivision 6-f of
 section 3602 of the education law, as added by section 19 of part  H  of
 chapter 83 of the laws of 2002,  are amended to read as follows:
   (2)  is  a construction emergency project to remediate emergency situ-
 ations which arise in public school buildings and  threaten  the  health
 and/or  safety  of  building occupants, as a result of the unanticipated
 discovery of asbestos or other hazardous substances during  construction
 work on a school or significant damage caused by a fire, snow storm, ice
 storm, excessive rain, high winds, flood or a similar catastrophic event
 which results in the necessity for immediate repair[; and/or
   (3)  if  bonded  pursuant  to  paragraph  j of subdivision six of this
 section, would cause a city school district in a  city  having  a  popu-
 lation  of  less  than  one  hundred twenty-five thousand inhabitants to
 exceed ninety-five percent of its constitutional  debt  limit  provided,
 however,  that any debt issued pursuant to paragraph c of section 104.00
 of the local finance law shall not be included in such calculation].
   § 12. The opening paragraph of subdivision  2  of  section  3623-a  of
 education  law,  as added by chapter 474 of the laws of 1996, is amended
 to read as follows:
   Allowable transportation capital, debt service and lease expense shall
 include base year expenditures [for:] AS DESCRIBED IN THIS  SUBDIVISION,
 NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
 ITURES  AS  PRESCRIBED  BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA-
 GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
   § 13. Subdivision 3 of section 3623-a of the education law is  amended
 by adding added a new paragraph d to read as follows:
   D.  (1)  FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
 LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE,  AND
 LEASE  EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  ARTICLE  SHALL  INCLUDE
 THE  FINAL  VALUE  OF  ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT,
 PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
 RONMENTAL CONSERVATION LAW, THE FEDERAL  INFRASTRUCTURE  INVESTMENT  AND
 JOBS  ACT,  AND  ANY  OTHER FEDERAL FUNDING AWARDED FOR COSTS ASSOCIATED
 S. 8306--B                         10
 
 WITH THE PURCHASE OF OR CONVERSION TO  ZERO-EMISSION  SCHOOL  BUSES  AND
 SUPPORTING INFRASTRUCTURE.
   (2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
 SERVICE,  OR  LEASES  WHICH  ARE  RELATED  TO  COSTS ASSOCIATED WITH THE
 PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES  AND  SUPPORTING
 INFRASTRUCTURE  AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS,
 PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION  58-0701  OF  THE  ENVIRON-
 MENTAL  CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND JOBS
 ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR SUCH PURPOSE, SUCH ALLOW-
 ABLE EXPENSES AT THE TIME IN WHICH THE EXPENSE IS CLAIMED FOR AID  SHALL
 NOT  EXCEED  THE  SUM OF (I) THE PRODUCT OF THE TRANSPORTATION AID RATIO
 CALCULATED PURSUANT TO SUBDIVISION SEVEN OF SECTION  THIRTY-SIX  HUNDRED
 TWO  OF  THIS  ARTICLE  MULTIPLIED  BY ALLOWABLE EXPENSES, PLUS (II) THE
 FINAL VALUE OF ANY SUCH VOUCHERS PAID ON BEHALF OF  A  SCHOOL  DISTRICT,
 PAYMENTS,  AND  GRANTS  AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON-
 MENTAL CONSERVATION LAW, THE FEDERAL INFRASTRUCTURE INVESTMENT AND  JOBS
 ACT, AND ANY OTHER FEDERAL FUNDING AWARDED FOR SUCH PURPOSE.
   (3)  THE  ENTITY  AUTHORIZED  TO  PROVIDE STATE ASSISTANCE PAYMENTS OR
 GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703  OF  THE  ENVIRON-
 MENTAL  CONSERVATION  LAW  SHALL  PROVIDE  TO THE COMMISSIONER A LIST OF
 GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID  ON
 BEHALF  OF  A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO-
 EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO  LATER  THAN  ONE
 MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR.  THIS
 LIST  SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE  TO
 BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
 OR  GRANT,  THE  DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT
 RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM   SUCH  VOUCHER,
 THE  DATE  ON  WHICH  THE  PAYMENT  OR GRANT WAS RECEIVED, AND ANY OTHER
 INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
 SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
   § 14. Paragraph i of subdivision 12 of section 3602 of  the  education
 law,  as  amended  by  section 10 of part A of chapter 56 of the laws of
 2023, is amended to read as follows:
   i. For the two thousand  twenty-one--two  thousand  twenty-two  school
 year  through  the two thousand [twenty-three] TWENTY-FOUR--two thousand
 [twenty-four] TWENTY-FIVE school year, each  school  district  shall  be
 entitled  to  an  apportionment  equal  to the amount set forth for such
 school district as "ACADEMIC ENHANCEMENT"  under  the  heading  "2020-21
 ESTIMATED  AIDS"  in  the  school  aid  computer listing produced by the
 commissioner in support of the budget for the two  thousand  twenty--two
 thousand  twenty-one school year and entitled "SA202-1", and such appor-
 tionment shall be deemed to satisfy the state obligation to  provide  an
 apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
 hundred forty-one of this article.
   § 15. The opening paragraph of subdivision 16 of section 3602  of  the
 education  law,  as amended by section 11 of part A of chapter 56 of the
 laws of 2023, is amended to read as follows:
   Each school district shall be eligible  to  receive  a  high  tax  aid
 apportionment  in the two thousand eight--two thousand nine school year,
 which shall equal the greater of (i) the sum of the tier 1 high tax  aid
 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
 tax  aid apportionment or (ii) the product of the apportionment received
 by the school district pursuant to this subdivision in the two  thousand
 seven--two  thousand  eight  school  year, multiplied by the due-minimum
 S. 8306--B                         11
 
 factor, which shall equal, for districts with an alternate pupil  wealth
 ratio  computed  pursuant  to  paragraph  b of subdivision three of this
 section that is less than two, seventy percent (0.70), and for all other
 districts,  fifty percent (0.50). Each school district shall be eligible
 to receive a high tax aid apportionment in the  two  thousand  nine--two
 thousand  ten  through two thousand twelve--two thousand thirteen school
 years in the amount set forth for such school district as "HIGH TAX AID"
 under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
 listing  produced  by  the commissioner in support of the budget for the
 two thousand nine--two thousand ten school year and  entitled  "SA0910".
 Each  school district shall be eligible to receive a high tax aid appor-
 tionment in the two thousand thirteen--two thousand fourteen through two
 thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four]  TWENTY-
 FIVE  school  year  equal to the greater of (1) the amount set forth for
 such school district as "HIGH TAX AID" under the heading  "2008-09  BASE
 YEAR  AIDS"  in  the school aid computer listing produced by the commis-
 sioner in support of the budget for the two thousand nine--two  thousand
 ten  school  year  and entitled "SA0910" or (2) the amount set forth for
 such school district as "HIGH TAX AID" under the heading "2013-14  ESTI-
 MATED  AIDS"  in the school aid computer listing produced by the commis-
 sioner in support of the executive budget for the  2013-14  fiscal  year
 and entitled "BT131-4".
   § 16. Paragraph d of subdivision 10 of section 3602-e of the education
 law,  as  amended by section 23-c of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   d. Notwithstanding any other provision of this section, apportionments
 under this section greater than the amounts provided in the two thousand
 sixteen--two thousand seventeen  school  year  shall  only  be  used  to
 supplement  and  not  supplant  current local expenditures of [state or]
 local funds on prekindergarten programs and the number of eligible full-
 day four-year-old prekindergarten pupils and  eligible  full-day  three-
 year-old  prekindergarten  pupils  in  such  programs from such sources.
 Current local expenditures  shall  include  any  local  expenditures  of
 [state  or]  local  funds used to supplement or extend services provided
 directly or via contract to eligible children enrolled  in  a  universal
 prekindergarten program pursuant to this section.
   § 17. Subdivision 13 of section 3602-ee of the education law, as added
 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
 read as follows:
   13. Apportionments under this section shall only be used to supplement
 and not supplant current local expenditures of federal[, state] or local
 funds  on  pre-kindergarten  programs  and  the  number of slots in such
 programs from such sources. Current local expenditures shall include any
 local expenditures of federal[, state] or local funds used to supplement
 or extend services provided directly or via contract to  eligible  chil-
 dren  enrolled  in  a  universal  pre-kindergarten  program  pursuant to
 section thirty-six hundred two-e of this part.
   § 18. Subdivision 16 of section  3602-ee  of  the  education  law,  as
 amended  by  section  16 of part A of chapter 56 of the laws of 2023, is
 amended to read as follows:
   16. The authority of the department to administer the universal  full-
 day  pre-kindergarten  program shall expire June thirtieth, two thousand
 [twenty-four] TWENTY-FIVE; provided that the program shall continue  and
 remain in full effect.
   §  19.  Paragraphs  a  and  b of subdivision 16 of section 3641 of the
 education law, as added by section 2 of part C of chapter 56 of the laws
 S. 8306--B                         12
 
 of 2014, subparagraph 3 of paragraph b as amended by section 3  of  part
 YYY of chapter 59 of the laws of 2017, are amended to read as follows:
   a.  Definitions.  The following terms, whenever used or referred to in
 this subdivision, unless the context indicates otherwise, shall have the
 following meanings:
   (1) "Bonds" shall mean general obligation bonds issued pursuant to the
 "smart schools bond act of 2014" in accordance with article VII  of  the
 New York state constitution and article five of the state finance law.
   [(2)  "Smart  schools review board" shall mean a body comprised of the
 chancellor of the state university of New  York,  the  director  of  the
 budget, and the commissioner, or their respective designees.
   (3)]  (2)  "Smart  schools  investment  plan"  shall  mean  a document
 prepared by a school district setting forth the smart schools project or
 projects to be undertaken with such district's smart schools allocation.
   [(4)] (3) "Smart schools project" shall mean a capital project as  set
 forth  and  defined  in  subparagraphs  FOUR,  five, six[,] OR seven [or
 eight] of this paragraph.
   [(5)] (4) "Pre-kindergarten  or  transportable  classroom  unit  (TCU)
 replacement  project"  shall  mean a capital project which, as a primary
 purpose, expands the availability of adequate and  appropriate  instruc-
 tional  space  for  pre-kindergarten  or  provides  for the expansion or
 construction of adequate and appropriate instructional space to  replace
 TCUs.
   [(6)]  (5)  "Community  connectivity  project"  shall  mean  a capital
 project which, as a primary purpose,  expands  high-speed  broadband  or
 wireless  internet connectivity in the local community, including school
 buildings and campuses, for  enhanced  educational  opportunity  in  the
 state.
   [(7)]  (6) "Classroom technology project" shall mean a capital project
 to expand high-speed broadband or wireless internet connectivity  solely
 for  school  buildings  and  campuses, or to acquire learning technology
 hardware for schools, classrooms, and student  use,  including  but  not
 limited  to  whiteboards,  computer  servers,  desktop computers, laptop
 computers, and tablet computers.
   [(8)] (7) "School safety and security technology project" shall mean a
 capital project to install high-tech security features in school  build-
 ings and on school campuses, including but not limited to video surveil-
 lance,  emergency notification systems and physical access controls, for
 enhanced educational opportunity in the state.
   [(9)] (8) "Selected school aid" shall mean the sum of the amounts  set
 forth  as  "FOUNDATION  AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL
 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
 TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
 SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
 "ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID", and "SUPPLEMENTAL PUB EXCESS
 COST" under the heading "2013-14 BASE  YEAR  AIDS"  in  the  school  aid
 computer  listing  produced by the commissioner in support of the execu-
 tive budget proposal for the two thousand fourteen-fifteen school year.
   [(10)] (9) "Smart schools allocation"  shall  mean,  for  each  school
 district, the product of (i) two billion dollars ($2,000,000,000) multi-
 plied by (ii) the quotient of such school district's selected school aid
 divided by the total selected school aid to all school districts.
   b.  Smart  schools  investment  plans.  (1)  [The smart schools review
 board] SUBJECT TO THE APPROVAL  OF  THE  DIRECTOR  OF  THE  BUDGET,  THE
 COMMISSIONER  shall  issue  guidelines setting forth required components
 and eligibility criteria  for  smart  schools  investment  plans  to  be
 S. 8306--B                         13
 
 submitted  by school districts. Such guidelines shall include but not be
 limited to: (i) a timeline  for  school  district  submission  of  smart
 schools investment plans; (ii) any requirements for the use of available
 state procurement options where applicable; (iii) any limitations on the
 amount  of  a  district's  smart schools allocation that may be used for
 assets with a short probable life; and (iv) the loan  of  smart  schools
 classroom  technology  pursuant  to  section seven hundred fifty-five of
 this chapter.
   (2) No school district shall be entitled  to  a  smart  schools  grant
 until such district shall have submitted a smart schools investment plan
 to  the  [smart  schools  review  board]  DEPARTMENT  and received [such
 board's] THE COMMISSIONER'S approval of such investment plan. In  devel-
 oping such investment plan, school districts shall consult with parents,
 teachers, students, community members and other stakeholders.
   (3)  The  [smart  schools  review board] COMMISSIONER shall review all
 smart schools investment  plans  for  compliance  with  all  eligibility
 criteria  and other requirements set forth in the guidelines. The [smart
 schools review board] COMMISSIONER may approve or reject such plans,  or
 may return such plans to the school district for modifications; provided
 that  notwithstanding  any  inconsistent  provision  of  law, the [smart
 schools review board] COMMISSIONER shall  approve  no  such  plan  first
 submitted  to  the  department on or after April fifteenth, two thousand
 seventeen, unless such plan calculates the amount of classroom technolo-
 gy to be loaned to students  attending  nonpublic  schools  pursuant  to
 section  seven  hundred  fifty-five  of  this  chapter  in a manner that
 includes the amount budgeted by the school district for  servers,  wire-
 less  access  points  and  other  portable  connectivity  devices  to be
 acquired as part of a school connectivity project.  Upon  approval,  the
 smart schools project or projects described in the investment plan shall
 be  eligible  for smart schools grants. A smart schools project included
 in a school district's smart schools investment plan shall  not  require
 separate  approval  of  the  commissioner  unless it is part of a school
 construction project required  to  be  submitted  for  approval  of  the
 commissioner  pursuant  to  section  four  hundred eight of this chapter
 and/or subdivision six of section thirty-six hundred two of  this  arti-
 cle. Any department, agency or public authority shall provide the [smart
 schools  review  board]  DEPARTMENT  with any information it requires to
 fulfill its duties pursuant to this subdivision.
   (4) Any amendments or supplements to a smart schools  investment  plan
 shall  be  submitted  to the [smart schools review board] DEPARTMENT for
 approval, and shall not take effect until such approval is granted.
   § 20. Intentionally omitted.
   § 21. Intentionally omitted.
   § 22. Intentionally omitted.
   § 23. The opening paragraph of section 3609-a of the education law, as
 amended by section 18 of part A of chapter 56 of the laws  of  2023,  is
 amended to read as follows:
   For  aid  payable in the two thousand seven--two thousand eight school
 year through the [two thousand twenty-three--two  thousand  twenty-four]
 TWO  THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE school year, "moneys
 apportioned" shall mean the lesser of (i) the sum of one hundred percent
 of the respective amount set forth for each school district  as  payable
 pursuant  to  this  section  in  the school aid computer listing for the
 current year produced by the commissioner in support of the budget which
 includes the appropriation for the general support  for  public  schools
 for  the  prescribed  payments  and individualized payments due prior to
 S. 8306--B                         14
 
 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
 twenty-three--thousand twenty-four] TWO THOUSAND TWENTY-FOUR--TWO  THOU-
 SAND  TWENTY-FIVE  school  year,  reference to such "school aid computer
 listing  for  the  current  year"  shall  mean  the  printouts  entitled
 ["SA232-4"] "SA242-5".
   §  24.  Paragraph  b of subdivision 2 of section 3612 of the education
 law, as amended by section 22 of part YYY of chapter 59 of the  laws  of
 2019, is amended to read as follows:
   b. Such grants shall be awarded to school districts, within the limits
 of funds appropriated therefor, through a competitive process that takes
 into  consideration  the  magnitude  of  any shortage of teachers in the
 school district, the number of teachers employed in the school  district
 who hold temporary licenses to teach in the public schools of the state,
 the  number of provisionally certified teachers, the fiscal capacity and
 geographic sparsity of the district, the  number  of  new  teachers  the
 school district intends to hire in the coming school year and the number
 of summer in the city student internships proposed by an eligible school
 district,  if applicable. Grants provided pursuant to this section shall
 be used only for the purposes enumerated in this section.  Notwithstand-
 ing any other provision of law to the contrary, a city  school  district
 in a city having a population of one million or more inhabitants receiv-
 ing a grant pursuant to this section may use no more than eighty percent
 of  such  grant  funds  for any recruitment, retention and certification
 costs associated with transitional certification of  teacher  candidates
 for  the  school  years  two  thousand one--two thousand two through two
 thousand [twenty-three] TWENTY-EIGHT--two thousand  [twenty-four]  TWEN-
 TY-NINE.
   §  24-a. Subdivision 10 of section 3612 of the education law, as added
 by chapter 62 of the laws of 2000 and as renumbered  by  section  36  of
 part B of chapter 57 of the laws of 2007, is amended to read as follows:
   10.   UNDERREPRESENTED  TEACHERS  OF  TOMORROW  TUITION  REIMBURSEMENT
 PROGRAM. OF THE AMOUNT APPROPRIATED FOR PURPOSES  OF  THIS  SECTION  FOR
 S. 8306--B                         15
 
 GRANTS  TO  SCHOOL DISTRICTS FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOU-
 SAND TWENTY-FIVE  SCHOOL  YEAR  AND  THEREAFTER,  FIVE  MILLION  DOLLARS
 ($5,000,000)  SHALL  BE MADE AVAILABLE FOR THE UNDERREPRESENTED TEACHERS
 OF  TOMORROW TUITION REIMBURSEMENT PROGRAM DEVELOPED BY THE COMMISSIONER
 TO  ATTRACT  QUALIFIED  TEACHERS     WHO  PARTICIPATED   IN   A   SCHOOL
 DISTRICT/POST-SECONDARY  PARTNERSHIP  "GROW  YOUR  OWN"  INITIATIVE,  MY
 BROTHER'S KEEPER, TEACHER OPPORTUNITY CORPS  PROGRAM,  HIGHER  EDUCATION
 OPPORTUNITY  PROGRAM,  EDUCATION  OPPORTUNITY  PROGRAM, OR OTHER SIMILAR
 PROGRAM, AND HAVE RECEIVED OR WILL RECEIVE A PERMANENT  OR  PROFESSIONAL
 STATE TEACHING CERTIFICATE APPROPRIATE TO THE TEACHING POSITION IN A LOW
 PERFORMING SCHOOL.
   11.  Reporting.  By  November  first  following the completion of each
 school year, the commissioner shall  report  to  the  governor  and  the
 legislature  regarding  the teachers of tomorrow teacher recruitment and
 retention program, THE  SCIENCE,  MATHEMATICS  AND  BILINGUAL  EDUCATION
 TUITION    REIMBURSEMENT  PROGRAM,  AND THE UNDERREPRESENTED TEACHERS OF
 TOMORROW TUITION REIMBURSEMENT  PROGRAM.  Such  report  shall  list  the
 amount  of  each school district's total grant pursuant to this section,
 the uses of the grant by each eligible category of expense,  the  number
 of  awards  granted by type pursuant to this section and, if applicable,
 the number of persons receiving more than one award of a single type  or
 more  than  one  type  of  award and the number of such awards for these
 individuals, as well as an analysis of the effectiveness of the  program
 in  recruiting and retaining teachers in the public schools of the state
 designated as teacher shortage areas.
   § 25. Subdivision 6 of section 4402 of the education law,  as  amended
 by  section 23 of part YYY of chapter 59 of the laws of 2019, is amended
 to read as follows:
   6. Notwithstanding any other law, rule or regulation to the  contrary,
 the  board  of  education of a city school district with a population of
 one hundred twenty-five thousand or more inhabitants shall be  permitted
 to  establish  maximum  class  sizes  for  special  classes  for certain
 students with disabilities in accordance with  the  provisions  of  this
 subdivision. For the purpose of obtaining relief from any adverse fiscal
 impact  from under-utilization of special education resources due to low
 student attendance in  special  education  classes  at  the  middle  and
 secondary level as determined by the commissioner, such boards of educa-
 tion  shall, during the school years nineteen hundred ninety-five--nine-
 ty-six through June thirtieth, two thousand  [twenty-four]  TWENTY-FIVE,
 be  authorized  to  increase  class  sizes in special classes containing
 students with disabilities whose age ranges are equivalent to  those  of
 students  in middle and secondary schools as defined by the commissioner
 for purposes of this section by up to but not  to  exceed  one  and  two
 tenths  times the applicable maximum class size specified in regulations
 of the commissioner rounded up to the  nearest  whole  number,  provided
 that  in  a  city  school district having a population of one million or
 more, classes that have a maximum class size of fifteen may be increased
 by no more than one student and  provided  that  the  projected  average
 class  size  shall  not  exceed  the maximum specified in the applicable
 regulation, provided that such authorization  shall  terminate  on  June
 thirtieth, two thousand. Such authorization shall be granted upon filing
 of  a  notice by such a board of education with the commissioner stating
 the board's intention to increase such class sizes and  a  certification
 that  the  board  will  conduct  a  study  of attendance problems at the
 secondary level and will implement a corrective action plan to  increase
 the  rate of attendance of students in such classes to at least the rate
 S. 8306--B                         16
 
 for students attending regular education classes in secondary schools of
 the district.  Such  corrective  action  plan  shall  be  submitted  for
 approval  by  the commissioner by a date during the school year in which
 such  board  increases class sizes as provided pursuant to this subdivi-
 sion to be prescribed by the commissioner. Upon  at  least  thirty  days
 notice to the board of education, after conclusion of the school year in
 which  such  board  increases  class  sizes as provided pursuant to this
 subdivision, the commissioner shall  be  authorized  to  terminate  such
 authorization  upon  a  finding  that the board has failed to develop or
 implement an approved corrective action plan.
   § 26. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
 of 1995, amending the education law and other laws relating to state aid
 to  school  districts  and the appropriation of funds for the support of
 government, as amended by section 38 of part YYY of chapter  59  of  the
 laws of 2019, are amended to read as follows:
   (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
 fourteen, one hundred fifteen and one hundred sixteen of this act  shall
 take effect on July 1, 1995; provided, however, that section one hundred
 thirteen of this act shall remain in full force and effect until July 1,
 [2024] 2025 at which time it shall be deemed repealed;
   (24)  sections one hundred eighteen through one hundred thirty of this
 act shall be deemed to have been in full force and effect on  and  after
 July 1, 1995; provided further, however, that the amendments made pursu-
 ant to section one hundred twenty-four of this act shall be deemed to be
 repealed on and after July 1, [2024] 2025;
   §  27.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
 relating to funding a program for work force education conducted by  the
 consortium  for worker education in New York city, as amended by section
 20 of part A of chapter 56 of the laws of 2023, is amended  to  read  as
 follows:
   b.  Reimbursement for programs approved in accordance with subdivision
 a of this section for the reimbursement for the 2018--2019  school  year
 shall not exceed 59.4 percent of the lesser of such approvable costs per
 contact hour or fourteen dollars and ninety-five cents per contact hour,
 reimbursement  for  the  2019--2020  school  year  shall not exceed 57.7
 percent of the lesser of such  approvable  costs  per  contact  hour  or
 fifteen  dollars  sixty  cents  per  contact hour, reimbursement for the
 2020--2021 school year shall not exceed 56.9 percent of  the  lesser  of
 such  approvable  costs  per contact hour or sixteen dollars and twenty-
 five cents per contact hour, reimbursement  for  the  2021--2022  school
 year  shall  not  exceed  56.0  percent of the lesser of such approvable
 costs per contact hour or sixteen dollars and forty  cents  per  contact
 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
 percent  of  the  lesser  of  such  approvable costs per contact hour or
 sixteen dollars and sixty cents per contact  hour,  [and]  reimbursement
 for  the  2023--2024  school  year  shall not exceed 54.7 percent of the
 lesser of such approvable costs per contact hour  or  seventeen  dollars
 and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025
 SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
 BLE  COSTS  PER  CONTACT  HOUR OR EIGHTEEN DOLLARS AND SEVENTY CENTS PER
 CONTACT HOUR, and where a  contact  hour  represents  sixty  minutes  of
 instruction services provided to an eligible adult.  Notwithstanding any
 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
 S. 8306--B                         17
 
 forty-four   thousand  four  hundred  forty-four  (1,444,444);  for  the
 2020--2021 school year such contact hours shall not exceed  one  million
 four  hundred  six thousand nine hundred twenty-six (1,406,926); for the
 2021--2022  school  year such contact hours shall not exceed one million
 four hundred sixteen thousand one hundred  twenty-two  (1,416,122);  for
 the  2022--2023  school  year  such  contact  hours shall not exceed one
 million four hundred six thousand nine hundred  twenty-six  (1,406,926);
 [and] for the 2023--2024 school year such contact hours shall not exceed
 one  million  three hundred forty-two thousand nine hundred seventy-five
 (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
 NOT EXCEED ONE MILLION FOUR HUNDRED SEVENTEEN THOUSAND TWO HUNDRED SEVEN
 (1,417,207). Notwithstanding any other provision of law to the contrary,
 the apportionment calculated for the city school district of the city of
 New York pursuant to subdivision 11 of section 3602 of the education law
 shall be computed as if such contact hours provided  by  the  consortium
 for  worker education, not to exceed the contact hours set forth herein,
 were eligible for aid in accordance with the provisions of such subdivi-
 sion 11 of section 3602 of the education law.
   § 28. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
 ing  a  program for work force education conducted by the consortium for
 worker education in New York city, is amended by adding a  new  subdivi-
 sion cc to read as follows:
   CC.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY AFTER THE
 COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR.  NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW,  THE  COMMISSIONER  OF  EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND SHALL NOT EXCEED FIFTEEN MILLION DOLLARS ($15,000,000).
   §  29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker education in New York city, as amended by section 22 of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed June 30, [2024] 2025.
   § 30. Paragraph (d) of subdivision 1 of section 2856 of the  education
 law,  as  amended by section 36-c of part A of chapter 56 of the laws of
 2021, is amended to read as follows:
   (d) School districts shall be eligible  for  an  annual  apportionment
 equal  to  the  amount of the supplemental basic tuition for the charter
 school in the base year for the expenses incurred in  the  two  thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen, two thousand sixteen--two thousand seventeen school  years  and
 thereafter.  Provided  that  for  expenses  incurred in the two thousand
 twenty--two thousand twenty-one school year, for a city school  district
 in  a city having a population of one million or more, the annual appor-
 tionment shall be reduced by thirty-five million  dollars  ($35,000,000)
 upon  certification by the director of the budget of the availability of
 a grant in the same amount from  the  elementary  and  secondary  school
 emergency  relief funds provided through the American rescue plan act of
 2021 (P.L. 117-2).  PROVIDED FURTHER THAT FOR EXPENSES INCURRED  IN  THE
 TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE,  THE  ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
 DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF  THE  BUDGET
 S. 8306--B                         18
 
 OF  THE  AVAILABILITY  OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
 AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE  AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L.  117-2).
   §  31. Paragraph (c) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-d of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (c)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR,  FOR  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY  THIRTY-FIVE  MILLION
 DOLLARS  ($35,000,000)  UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT  FROM  THE  ELEMENTARY
 AND  SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
   § 32. Subdivision 3 of section 27 of part A of chapter 56 of the  laws
 of  2023  directing  the education department to conduct a comprehensive
 study of alternative tuition  rate-setting  methodologies  for  approved
 providers  operating  school-age  and preschool programs receiving state
 funding, is amended to read as follows:
   3. The state education department shall  present  its  recommendations
 and  analysis to the governor, the director of the division of the budg-
 et, the temporary president of the senate, the speaker of the  assembly,
 the  chairperson of the senate finance committee, and the chairperson of
 the assembly ways and means committee no later than July 1, [2025] 2026.
 Adoption of any alternative rate-setting methodologies shall be  subject
 to the approval of the director of the division of the budget.
   § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
 relating  to certain provisions related to the 1994-95 state operations,
 aid to localities, capital projects and debt service budgets, as amended
 by section 23 of part A of chapter 56 of the laws of 2022, is amended to
 read as follows:
   1. Sections one through seventy of this act shall be  deemed  to  have
 been  in  full  force  and effect as of April 1, 1994 provided, however,
 that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
 through seventy of this act shall expire and be deemed repealed on March
 31, 2000; provided, however, that section twenty of this act shall apply
 only  to  hearings  commenced  prior  to September 1, 1994, and provided
 further that section twenty-six of this act shall expire and  be  deemed
 repealed  on  March  31,  1997;  and provided further that sections four
 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
 twenty-one-a of this act shall expire and be deemed  repealed  on  March
 31,  1997; and provided further that sections three, fifteen, seventeen,
 twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
 deemed repealed on March 31, [2024] 2029.
 S. 8306--B                         19
 
   §  34.  Section 26 of subpart F of part C of chapter 97 of the laws of
 2011 amending the education law relating to census reporting, as amended
 by section 46 of part YYY of chapter 59 of the laws of 2019, is  amended
 to read as follows:
   §  26.  This act shall take effect immediately provided, however, that
 the provisions of section three of this act shall expire June 30, [2024]
 2029 when upon such date the provisions of such section shall be  deemed
 repealed; provided, further that the provisions of sections eight, elev-
 en,  twelve,  thirteen  and twenty of this act shall expire July 1, 2014
 when upon such date the provisions of  such  sections  shall  be  deemed
 repealed.
   §  35.  Special  apportionment for salary expenses. 1. Notwithstanding
 any other provision of law, upon  application  to  the  commissioner  of
 education,  not  sooner  than  the first day of the second full business
 week of June 2025 and not later than the last  day  of  the  third  full
 business week of June 2025, a school district eligible for an apportion-
 ment  pursuant to section 3602 of the education law shall be eligible to
 receive an apportionment pursuant to this section, for the  school  year
 ending  June  30, 2025, for salary expenses incurred between April 1 and
 June 30, 2024 and such apportionment shall not exceed the sum of (a) the
 deficit reduction assessment of 1990--1991 as determined by the  commis-
 sioner of education, pursuant to paragraph f of subdivision 1 of section
 3602  of the education law, as in effect through June 30, 1993, plus (b)
 186 percent of such amount for a city school district in a city  with  a
 population  in  excess of 1,000,000 inhabitants, plus (c) 209 percent of
 such amount for a city school district in a city with  a  population  of
 more  than 195,000 inhabitants and less than 219,000 inhabitants accord-
 ing to the latest federal census,  plus  (d)  the  net  gap  elimination
 adjustment  for  2010--2011, as determined by the commissioner of educa-
 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
 nation adjustment for 2011--2012 as determined by  the  commissioner  of
 education  pursuant  to  subdivision 17 of section 3602 of the education
 law, and provided further that such apportionment shall not exceed  such
 salary  expenses.  Such  application shall be made by a school district,
 after the board of education or trustees have adopted a resolution to do
 so and in the case of a city school district in a city with a population
 in excess of 125,000 inhabitants, with the approval of the mayor of such
 city.
   2. The claim for an apportionment to be  paid  to  a  school  district
 pursuant  to  subdivision  one of this section shall be submitted to the
 commissioner of education on a form prescribed  for  such  purpose,  and
 shall  be  payable upon determination by such commissioner that the form
 has been submitted as prescribed. Such approved amounts shall be payable
 on the same day in September of the school year following  the  year  in
 which  application  was  made as funds provided pursuant to subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law, on the audit and warrant  of  the  state  comptroller  on  vouchers
 certified  or  approved  by  the commissioner of education in the manner
 prescribed by law from moneys in the state lottery  fund  and  from  the
 general  fund  to  the  extent that the amount paid to a school district
 pursuant to this section exceeds the amount, if  any,  due  such  school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section  3609-a  of  the  education law in the school year following the
 year in which application was made.
   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
 S. 8306--B                         20
 
 subdivisions  one  and  two of this section shall first be deducted from
 the following payments due the school district during  the  school  year
 following  the  year  in which application was made pursuant to subpara-
 graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
 section 3609-a of the education law in the following order: the  lottery
 apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of such paragraph and then followed by the district's  payments  to  the
 teachers'  retirement  system pursuant to subparagraph (1) of such para-
 graph, and any remainder to be deducted from the individualized payments
 due the district pursuant to paragraph b of such  subdivision  shall  be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   §  36. Special apportionment for public pension accruals. 1.  Notwith-
 standing any other provision of law, upon application to the commission-
 er of education, not later than June 30, 2025, a school district  eligi-
 ble  for  an apportionment pursuant to section 3602 of the education law
 shall be eligible to receive an apportionment pursuant to this  section,
 for  the  school  year ending June 30, 2025 and such apportionment shall
 not exceed the  additional  accruals  required  to  be  made  by  school
 districts  in the 2004--2005 and 2005--2006 school years associated with
 changes for such public pension liabilities. The amount  of  such  addi-
 tional  accrual  shall  be certified to the commissioner of education by
 the president of the board of education or the trustees or, in the  case
 of  a  city  school  district  in  a city with a population in excess of
 125,000 inhabitants, the mayor of such city. Such application  shall  be
 made by a school district, after the board of education or trustees have
 adopted  a resolution to do so and in the case of a city school district
 in a city with a population in excess of 125,000 inhabitants,  with  the
 approval of the mayor of such city.
   2.  The  claim  for  an  apportionment to be paid to a school district
 pursuant to subdivision one of this section shall be  submitted  to  the
 commissioner  of  education  on  a form prescribed for such purpose, and
 shall be payable upon determination by such commissioner that  the  form
 has been submitted as prescribed. Such approved amounts shall be payable
 on  the  same  day in September of the school year following the year in
 which application was made as funds provided  pursuant  to  subparagraph
 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
 law,  on  the  audit  and  warrant  of the state comptroller on vouchers
 certified or approved by the commissioner of  education  in  the  manner
 prescribed  by  law  from  moneys in the state lottery fund and from the
 general fund to the extent that the amount paid  to  a  school  district
 pursuant  to  this  section  exceeds the amount, if any, due such school
 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
 section 3609-a of the education law in the  school  year  following  the
 year in which application was made.
   3.  Notwithstanding  the provisions of section 3609-a of the education
 law, an amount equal to the amount paid to a school district pursuant to
 subdivisions one and two of this section shall first  be  deducted  from
 the  following  payments  due the school district during the school year
 following the year in which application was made  pursuant  to  subpara-
 graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
 section 3609-a of the education law in the following order: the  lottery
 apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
 followed by the fixed fall payments payable pursuant to subparagraph (4)
 of such paragraph and then followed by the district's  payments  to  the
 S. 8306--B                         21
 
 teachers'  retirement  system pursuant to subparagraph (1) of such para-
 graph, and any remainder to be deducted from the individualized payments
 due the district pursuant to paragraph b of such  subdivision  shall  be
 deducted on a chronological basis starting with the earliest payment due
 the district.
   §  37. The amounts specified in this section shall be a set-aside from
 the state funds which each such district is  receiving  from  the  total
 foundation aid:
   1.  for the development, maintenance or expansion of magnet schools or
 magnet school programs for the 2024--2025  school  year.  For  the  city
 school  district  of  the city of New York there shall be a set-aside of
 foundation aid equal to forty-eight  million  one  hundred  seventy-five
 thousand  dollars  ($48,175,000) including five hundred thousand dollars
 ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
 school   district,   twenty-one  million  twenty-five  thousand  dollars
 ($21,025,000); for the Rochester city school district,  fifteen  million
 dollars  ($15,000,000);  for the Syracuse city school district, thirteen
 million dollars ($13,000,000); for the  Yonkers  city  school  district,
 forty-nine  million five hundred thousand dollars ($49,500,000); for the
 Newburgh city school district, four million six hundred forty-five thou-
 sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
 two million four hundred seventy-five thousand dollars ($2,475,000); for
 the Mount Vernon city school district, two million dollars ($2,000,000);
 for  the New Rochelle city school district, one million four hundred ten
 thousand dollars ($1,410,000); for the Schenectady city school district,
 one million eight hundred thousand dollars ($1,800,000);  for  the  Port
 Chester  city  school  district,  one million one hundred fifty thousand
 dollars ($1,150,000); for the White Plains city  school  district,  nine
 hundred  thousand  dollars ($900,000); for the Niagara Falls city school
 district, six hundred thousand dollars ($600,000); for the  Albany  city
 school  district,  three  million  five  hundred  fifty thousand dollars
 ($3,550,000); for the Utica city school district,  two  million  dollars
 ($2,000,000);  for  the Beacon city school district, five hundred sixty-
 six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
 district,  four  hundred  thousand  dollars ($400,000); for the Freeport
 union free school district, four hundred  thousand  dollars  ($400,000);
 for  the  Greenburgh  central  school  district,  three hundred thousand
 dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
 hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
 district, two hundred thousand dollars ($200,000); and  for  the  Hudson
 city school district, four hundred thousand dollars ($400,000).
   2.  Notwithstanding any inconsistent provision of law to the contrary,
 a school district setting aside such foundation  aid  pursuant  to  this
 section  may  use  such  set-aside  funds  for: (a) any instructional or
 instructional support costs associated with the operation  of  a  magnet
 school;  or (b) any instructional or instructional support costs associ-
 ated with implementation of an alternative approach to promote diversity
 and/or enhancement of the instructional program and raising of standards
 in elementary and secondary schools of school districts having  substan-
 tial concentrations of minority students.
   3.  The  commissioner of education shall not be authorized to withhold
 foundation aid from a school district that used such funds in accordance
 with this paragraph, notwithstanding any inconsistency  with  a  request
 for  proposals issued by such commissioner for the purpose of attendance
 improvement and dropout prevention for the 2024--2025 school  year,  and
 for  any city school district in a city having a population of more than
 S. 8306--B                         22

 one million,  the  set-aside  for  attendance  improvement  and  dropout
 prevention  shall  equal  the amount set aside in the base year. For the
 2024--2025 school year, it is further  provided  that  any  city  school
 district  in  a  city having a population of more than one million shall
 allocate at least one-third of any increase from  base  year  levels  in
 funds set aside pursuant to the requirements of this section to communi-
 ty-based  organizations.  Any increase required pursuant to this section
 to community-based organizations must  be  in  addition  to  allocations
 provided to community-based organizations in the base year.
   4.  For the purpose of teacher support for the 2024--2025 school year:
 for the city school district of the city of New York, sixty-two  million
 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
 school  district,  one  million seven hundred forty-one thousand dollars
 ($1,741,000); for the Rochester city school district, one million seven-
 ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
 district,   one   million   one  hundred  forty-seven  thousand  dollars
 ($1,147,000); and for the Syracuse city school district,  eight  hundred
 nine  thousand  dollars ($809,000). All funds made available to a school
 district pursuant to this section shall be  distributed  among  teachers
 including  prekindergarten teachers and teachers of adult vocational and
 academic subjects in accordance with this section and shall be in  addi-
 tion  to  salaries heretofore or hereafter negotiated or made available;
 provided, however, that all funds distributed pursuant to  this  section
 for  the  current year shall be deemed to incorporate all funds distrib-
 uted pursuant to former subdivision 27 of section 3602 of the  education
 law  for prior years. In school districts where the teachers are repres-
 ented by certified or  recognized  employee  organizations,  all  salary
 increases  funded  pursuant to this section shall be determined by sepa-
 rate collective negotiations conducted pursuant to  the  provisions  and
 procedures  of  article 14 of the civil service law, notwithstanding the
 existence of a negotiated agreement between  a  school  district  and  a
 certified or recognized employee organization.
   §  38.  Support  of  public libraries. The moneys appropriated for the
 support of public libraries by a chapter of the laws  of  2024  enacting
 the  aid  to  localities  budget shall be apportioned for the 2024--2025
 state fiscal year in accordance with the  provisions  of  sections  271,
 272,  273,  282,  284,  and  285  of the education law as amended by the
 provisions of such chapter and the provisions of this section,  provided
 that library construction aid pursuant to section 273-a of the education
 law  shall  not  be  payable  from the appropriations for the support of
 public libraries and provided further that no library, library system or
 program, as defined by the commissioner of education, shall receive less
 total system or program aid than it received  for  the  year  2001--2002
 except as a result of a reduction adjustment necessary to conform to the
 appropriations for support of public libraries.
   §  38-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
 tion law, as amended by section 22-a of part A of chapter 56 of the laws
 of 2023, is amended to read as follows:
   a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
 sion, for aid payable in the school years two thousand--two thousand one
 through  two  thousand nine--two thousand ten, and two thousand eleven--
 two thousand twelve through  [two  thousand  twenty-three--two  thousand
 twenty-four]  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND TWENTY-FIVE, 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
 S. 8306--B                         23
 
 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 educa-
 tional  competencies  as defined in regulation by the commissioner, when
 measured by accepted standardized tests, and who shall  be  eligible  to
 attend  employment  preparation  education programs operated pursuant to
 this subdivision.
   § 38-b. Section 2 of chapter 670 of the  laws  of  2007  amending  the
 education  law  relating  to  directing the commissioner of education to
 promulgate regulations limiting the engines of school vehicles to remain
 idling while parked or standing on school grounds, as amended by chapter
 49 of the laws of 2019, is amended to read as follows:
   § 2. This act shall  take  effect  immediately  and  shall  be  deemed
 repealed June 30, [2024] 2025.
   § 39. Severability. The provisions of this act shall be severable, and
 if  the  application  of  any  clause, sentence, paragraph, subdivision,
 section or part of this act to  any  person  or  circumstance  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not necessarily affect, impair or invalidate the applica-
 tion of any such clause, sentence, paragraph, subdivision, section, part
 of this act or remainder thereof, as the  case  may  be,  to  any  other
 person  or  circumstance,  but shall be confined in its operation to the
 clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 40. This act shall take effect immediately, and shall be  deemed  to
 have been in full force and effect on and after April 1, 2024, provided,
 however, that:
   1.  sections  one,  two-a,  five, twelve, thirteen, fourteen, fifteen,
 sixteen, seventeen, eighteen, twenty-three, twenty-four,  twenty-four-a,
 twenty-five,  twenty-nine and thirty-seven of this act shall take effect
 July 1, 2024;
   2. the amendments to chapter 756 of the  laws  of  1992,  relating  to
 funding a program for work force education conducted by a consortium for
 worker  education  in  New  York  City made by sections twenty-seven and
 twenty-eight of this act shall not affect the repeal of such chapter and
 shall be deemed repealed therewith; and
   3. the amendments to paragraph (d) of subdivision 1 of section 2856 of
 the education law made by section thirty of this act shall be subject to
 the expiration and reversion of such subdivision pursuant to subdivision
 d of section 27 of chapter 378 of the laws of  2007,  as  amended,  when
 upon  such  date  the provisions of section thirty-one of this act shall
 take effect.

                                 PART 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
 S. 8306--B                         24
 
 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
 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. 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
   § 3. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 of
 the education law, as added by chapter 617  of  the  laws  of  2021,  is
 renumbered subparagraph 11 and a new subparagraph 12 is added to read as
 follows:
   (12)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
 THE PURPOSE OF COMPUTATION OF  BUILDING  AID  FOR  CONSTRUCTION,  RECON-
 STRUCTION  OR  MODERNIZING  OF  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
 BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST
 MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
   §  4. Subdivision 4 of section 4405 of the education law is amended by
 adding a new paragraph l to read as follows:
 S. 8306--B                         25

   L. TUITION RATES APPROVED ON AN INTERIM BASIS IN ADVANCE OF THE ESTAB-
 LISHMENT OF REIMBURSEMENT RATES  PURSUANT  TO  THE  TUITION  METHODOLOGY
 ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION FOR THE TWO THOUSAND TWENTY-
 FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND ANNUALLY THEREAFTER,  FOR
 SPECIAL  SERVICES  AND  PROGRAMS  PROVIDED  TO  SCHOOL  AGE  STUDENTS BY
 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, 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 LIMIT-
 ED  TO,  SPECIAL  CLASS  AND  SPECIAL  CLASS  IN  AN  INTEGRATED SETTING
 PROGRAMS, SHALL BE EQUAL TO THE LAST CERTIFIED PROSPECTIVE OR  RECONCIL-
 IATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH DETERMINED IN ACCORDANCE
 WITH THE FOLLOWING:
   (I)  IF  THE  LAST  CERTIFIED  PROSPECTIVE  OR RECONCILIATION RATE WAS
 APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
 SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE  CURRENT
 YEAR.
   (II)  IF  THE  LAST  CERTIFIED  PROSPECTIVE OR RECONCILIATION RATE WAS
 APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
 SUCH RATE SHALL INCREASE BY THE ANNUAL GROWTH  PERCENTAGE  APPROVED  FOR
 THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
 THEN  INCREASE  BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
 SCHOOL YEAR.
   (III) IF THE LAST CERTIFIED PROSPECTIVE  OR  RECONCILIATION  RATE  WAS
 APPROVED  FOR  THE  SCHOOL YEAR THREE OR MORE YEARS PRIOR TO THE CURRENT
 SCHOOL YEAR, SUCH RATE SHALL INCREASE BY THE  ANNUAL  GROWTH  PERCENTAGE
 APPROVED  FOR  THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR; THE PRODUCT
 OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
 THE YEAR PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH  SHALL  THEN
 INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
   §  5.  Section  4003  of  the education law is amended by adding a new
 subdivision 8 to read as follows:
   8.   TUITION RATES APPROVED ON AN INTERIM  BASIS  IN  ADVANCE  OF  THE
 ESTABLISHMENT OF REIMBURSEMENT RATES PURSUANT TO THE TUITION METHODOLOGY
 ESTABLISHED  PURSUANT TO THIS SECTION FOR THE TWO THOUSAND TWENTY-FOUR--
 TWO THOUSAND  TWENTY-FIVE  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 BE EQUAL TO THE LAST CERTIFIED PROSPECTIVE
 OR RECONCILIATION RATE AND SHALL INCLUDE COMPOUNDED GROWTH DETERMINED IN
 ACCORDANCE WITH THE FOLLOWING:
   (I) IF THE LAST  CERTIFIED  PROSPECTIVE  OR  RECONCILIATION  RATE  WAS
 APPROVED FOR THE SCHOOL YEAR PRIOR TO THE CURRENT SCHOOL YEAR, SUCH RATE
 SHALL  INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT
 YEAR.
   (II) IF THE LAST CERTIFIED  PROSPECTIVE  OR  RECONCILIATION  RATE  WAS
 APPROVED FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE CURRENT SCHOOL YEAR,
 SUCH  RATE  SHALL  INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
 THE YEAR PRIOR TO THE CURRENT SCHOOL YEAR, AND THE PRODUCT OF SUCH SHALL
 THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR  THE  CURRENT
 SCHOOL YEAR.
   (III)  IF  THE  LAST  CERTIFIED PROSPECTIVE OR RECONCILIATION RATE WAS
 APPROVED FOR THE SCHOOL YEAR THREE OR MORE YEARS PRIOR  TO  THE  CURRENT
 S. 8306--B                         26
 
 SCHOOL  YEAR,  SUCH  RATE SHALL INCREASE BY THE ANNUAL GROWTH PERCENTAGE
 APPROVED FOR THE YEAR TWO YEARS PRIOR TO THE CURRENT YEAR;  THE  PRODUCT
 OF SUCH SHALL THEN INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR
 THE  YEAR  PRIOR TO THE CURRENT YEAR, AND THE PRODUCT OF SUCH SHALL THEN
 INCREASE BY THE ANNUAL GROWTH PERCENTAGE APPROVED FOR THE CURRENT YEAR.
   § 6. 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-FOUR--TWO THOUSAND TWENTY-FIVE 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,
 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.
   § 7. 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] THE DIRECTOR OF THE BUDGET may deem appropriate, shall
 approve reimbursement methodologies for  tuition  and  maintenance.  Any
 modification  in any such methodology which has previously been approved
 shall be subject  to  the  approval  of  the  director  of  the  budget.
 TUITION,  REGIONAL,  AND/OR  FEE  FOR SERVICE RATES APPROVED FOR THE TWO
 THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT-
 ER 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
 S. 8306--B                         27
 
 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.
   §  8.  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-FOUR--TWO THOUSAND  TWENTY-FIVE  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
 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.
   §  9.  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-
 FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL YEAR AND PRIOR SCHOOL YEARS, in
 excess of thirty thousand dollars, (II) FOR AID PAYABLE IN THE TWO THOU-
 SAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR IN EXCESS OF FORTY
 THOUSAND DOLLARS, (III) FOR AID PAYABLE IN THE TWO THOUSAND  TWENTY-SIX-
 -TWO  THOUSAND  TWENTY-SEVEN  SCHOOL  YEAR  IN  EXCESS OF FIFTY THOUSAND
 DOLLARS, (IV) FOR AID PAYABLE  IN  THE  TWO  THOUSAND  TWENTY-SEVEN--TWO
 THOUSAND  TWENTY-EIGHT  SCHOOL  YEAR  AND THEREAFTER, IN EXCESS OF SIXTY
 THOUSAND DOLLARS, shall not be such an approved expense, and except also
 S. 8306--B                         28

 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.
   §  10.  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] FOUR THOUSAND ONE
 hundred dollars. Such aid will be payable for weighted pupils  attending
 career  education  programs  operated  by  the  school  district and for
 weighted pupils for whom such school district contracts with  boards  of
 cooperative  educational  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 commis-
 sioner in regulations. The career education aid ratio shall be  computed
 by  subtracting  from one the product obtained by multiplying fifty-nine
 percent by the combined wealth ratio. This aid 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
 S. 8306--B                         29
 
 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.
   §  11.  Subdivision 6-a of section 3641 of the education law, as added
 by section 16 of part A of chapter 57 of the laws of 2013, is amended to
 read as follows:
   6-a. Community school grants. a. [Within the amount  appropriated  for
 such  purpose, subject to a plan developed by the state council on chil-
 dren and families in coordination with the commissioner and approved  by
 the  director  of  the  budget, the commissioner shall award competitive
 grants pursuant to this subdivision to eligible school districts or in a
 city with a population of one million or  more  an  eligible  entity  to
 implement, beginning in the two thousand thirteen--two thousand fourteen
 school  year,  a plan that targets school buildings as community hubs to
 deliver co-located or school-linked  academic,  health,  mental  health,
 nutrition, counseling, legal and/or other services to students and their
 families  in  a  manner that will lead to improved educational and other
 outcomes. In a city with a population of one million or  more,  eligible
 entities shall mean the city school district of the city of New York, or
 not-for-profit  organizations, which shall include not-for-profit commu-
 nity based organizations. An eligible entity that  is  a  not-for-profit
 may  apply  for  a  community school grant provided that it collaborates
 with the city school district of the city of New York and  receives  the
 approval  of  the  chancellor of the city school district of the city of
 New York.
   (1) Such plan shall include, but not be limited to:
   (i) The process by which a request for proposals will be developed;
   (ii) The scoring rubric by which such  proposals  will  be  evaluated,
 provided  that  such grants shall be awarded based on factors including,
 but not limited to: measures of school district need;  measures  of  the
 need  of  students  to  be  served  by each of the school districts; the
 school district's proposal  to  target  the  highest  need  schools  and
 students;  the sustainability of the proposed community schools program;
 and proposal quality;
   (iii) The form and manner by which applications will be submitted;
   (iv) The manner by which calculation of the amount of the  award  will
 be determined;
   (v) The timeline for the issuance and review of applications; and
   (vi)  Program  implementation  phases that will trigger payment of set
 percentages of the total award.
   (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.
 S. 8306--B                         30

   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.]
 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
 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
 S. 8306--B                         31
 
 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 THE COMMISSIONER MAY REQUIRE ANY  MODIFI-
 CATION THERETO.
   §  12.  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
 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.
 S. 8306--B                         32
 
   (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.
   § 13. Section 37-d of part A of chapter 56 of the laws of 2021  amend-
 ing the education law relating to school aid is REPEALED.
   §  14.  The education law is amended by adding a new section 3638-a to
 read as follows:
   § 3638-A. ZERO-EMISSION SCHOOL  BUS  COMMITTEE.  1.  ESTABLISHMENT  OF
 COMMITTEE.  THERE  IS  HEREBY  ESTABLISHED  A  ZERO-EMISSION  SCHOOL BUS
 COMMITTEE ("COMMITTEE") TO PROVIDE TECHNICAL  SUPPORT  AND  GUIDANCE  TO
 ASSIST  SCHOOL  DISTRICTS  IN SUCCESSFULLY IMPLEMENTING THE REQUIREMENTS
 FOR ZERO-EMISSION SCHOOL  BUSES  AS  PRESCRIBED  IN  SECTION  THIRTY-SIX
 HUNDRED THIRTY-EIGHT OF THIS PART.
   2.  COMMITTEE  MEMBERS. (A) THE PRESIDENT OF THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, OR THE  PRESIDENT'S  REPRESENTATIVE,
 SHALL  SERVE AS THE CHAIR OF SUCH COMMITTEE. THE COMMITTEE SHALL INCLUDE
 THIRTEEN ADDITIONAL REPRESENTATIVES, AS FOLLOWS:
   (I) THE COMMISSIONER OF EDUCATION OR THEIR REPRESENTATIVE;
   (II) ONE REPRESENTATIVE APPOINTED BY THE GOVERNOR;
   (III) ONE REPRESENTATIVE APPOINTED BY THE PUBLIC SERVICE COMMISSION;
   (IV) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF TRANSPORTATION;
   (V) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF MOTOR VEHICLES;
   (VI) ONE REPRESENTATIVE APPOINTED  BY  THE  EMPIRE  STATE  DEVELOPMENT
 CORPORATION;
   (VII) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF LABOR;
   (VIII) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION;
   (IX)  ONE  REPRESENTATIVE  APPOINTED  BY THE OFFICE OF THE STATE COMP-
 TROLLER;
   (X) ONE REPRESENTATIVE APPOINTED BY THE DEPARTMENT OF STATE;
   (XI) ONE REPRESENTATIVE APPOINTED BY THE OFFICE OF GENERAL SERVICES;
   (XII) ONE REPRESENTATIVE APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE
 SENATE; AND
   (XIII) ONE REPRESENTATIVE APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
   (B)  THE COMMITTEE MAY REQUIRE THAT ANY OTHER STATE ENTITIES PROVIDE A
 REPRESENTATIVE TO ATTEND COMMITTEE MEETINGS  AND  PUBLIC  HEARINGS,  AND
 ASSIST THE COMMITTEE IN FULFILLING ITS DUTIES, AS NEEDED.
   (C)  COMMITTEE  MEMBERS SHALL SERVE WITHOUT SALARY, PROVIDED, HOWEVER,
 THE MEMBERS SHALL  BE  REIMBURSED  FOR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCE OF SUCH MEMBERS' OFFICIAL DUTIES AS A MEMBER
 OF THE COMMITTEE.
   3.  POWERS AND DUTIES. (A) THE TECHNICAL SUPPORT AND GUIDANCE PROVIDED
 BY THE COMMITTEE SHALL INCLUDE, BUT NOT BE  LIMITED  TO,  THE  FOLLOWING
 TOPICS:
   (I) SCHOOL DISTRICT BUDGETING AND OTHER RELATED FISCAL ISSUES, INCLUD-
 ING  LIMITATIONS UPON SCHOOL DISTRICT TAX LEVIES PURSUANT TO SECTION TWO
 THOUSAND TWENTY-THREE-A OF THIS CHAPTER;
   (II) ISSUES WITH OBTAINING VOTER APPROVAL FOR SCHOOL TAXES AND  SCHOOL
 BONDS PURSUANT TO SECTION FOUR HUNDRED SIXTEEN OF THIS CHAPTER FOR CAPI-
 TAL PROJECTS ASSOCIATED WITH ELECTRIC SCHOOL BUSES;
   (III) ADEQUACY AND EXPANSION OF SCHOOL DISTRICT GRID INFRASTRUCTURE;
 S. 8306--B                         33

   (IV)  THE  AVAILABILITY  OF  STATE AND FEDERAL FUNDS TO SUPPORT SCHOOL
 DISTRICTS IN IMPLEMENTING THE ZERO-EMISSION SCHOOL BUS REQUIREMENTS;
   (V) THE LONGEVITY AND RELIABILITY OF ELECTRIC SCHOOL BUSES; AND
   (VI)  ELECTRIC  SCHOOL  BUS  WORKFORCE  DEVELOPMENT INCLUDING, BUT NOT
 LIMITED TO, MECHANICS.
   (B) THE COMMITTEE SHALL MEET AS NEEDED  PROVIDED,  HOWEVER,  THAT  THE
 COMMITTEE SHALL MEET AT LEAST QUARTERLY.
   (C)  THE  COMMITTEE  MAY  HOLD PUBLIC HEARINGS, AS THE COMMITTEE DEEMS
 NECESSARY, TO SOLICIT COMMENT AND RECOMMENDATIONS FROM INTERESTED STAKE-
 HOLDERS INCLUDING, BUT NOT LIMITED TO,  THE  NEW  YORK  ASSOCIATION  FOR
 PUPIL  TRANSPORTATION,  THE NEW YORK SCHOOL BUS CONTRACTORS ASSOCIATION,
 THE NEW YORK STATE SCHOOL BOARDS ASSOCIATION, THE NEW YORK STATE COUNCIL
 OF SCHOOL SUPERINTENDENTS, THE ASSOCIATION OF SCHOOL BUSINESS OFFICIALS,
 AND THE RURAL SCHOOLS ASSOCIATION OF NEW YORK.
   (D) THE COMMITTEE SHALL  ADVISE  THE  STATE  EDUCATION  DEPARTMENT  ON
 CONDITIONS  AND CRITERIA FOR GRANTING WAIVERS, PURSUANT TO PARAGRAPH (B)
 OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED  THIRTY-EIGHT  OF  THIS
 PART  AND  FOR  GRANTING  EXTENSIONS,  PURSUANT  TO  SUBDIVISION FOUR OF
 SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF THIS PART.
   4. REPORTING. THE COMMITTEE SHALL ISSUE A REPORT TO THE  GOVERNOR  AND
 THE  LEGISLATURE WITHIN ONE YEAR OF CONDUCTING ITS FIRST COMMITTEE MEET-
 ING, AND ANNUALLY THEREAFTER, REGARDING BARRIERS  SCHOOL  DISTRICTS  ARE
 FACING  IN  IMPLEMENTING THE REQUIREMENTS FOR ZERO-EMISSION SCHOOL BUSES
 AS PRESCRIBED IN SECTION THIRTY-SIX HUNDRED THIRTY-EIGHT OF  THIS  PART,
 THE  STEPS EACH MEMBER'S STATE ENTITY TO WHICH THEY ARE A REPRESENTATIVE
 OF IS TAKING TO MITIGATE SUCH BARRIERS  THROUGH  TECHNICAL  SUPPORT  AND
 GUIDANCE, AND THE BARRIERS THAT CONTINUE TO PERSIST DESPITE SUCH TECHNI-
 CAL  ASSISTANCE  AND GUIDANCE. THE STATE EDUCATION DEPARTMENT SHALL MAKE
 SUCH REPORTS PUBLICLY AVAILABLE ON ITS WEBSITE.
   § 15. Subdivision 1 of section 3635-b of the education law, as amended
 by chapter 536 of the laws of 2002, is amended to read as follows:
   1. This section shall apply where the board of education  or  trustees
 of  a  common,  central,  central  high  school,  AND  union free school
 district[, or city school district of a city with less than one  hundred
 twenty-five  thousand inhabitants] adopts a resolution to make transpor-
 tation in child safety zones available to resident pupils for a  partic-
 ular  school  year.  Such resolution shall continue in effect for subse-
 quent school  years  until  the  board  adopts  a  resolution  providing
 otherwise.
   §  16.  1.  The  commissioner  of  education  is hereby authorized and
 directed to conduct a study on the efficacy, adequacy, and equity of the
 foundation aid formula and to make recommendations on potential  modifi-
 cations  to improve such formula. The scope of such study shall include,
 but shall not be limited to:
   (a) the current actual cost of providing all  students  in  the  state
 with a meaningful opportunity for a sound basic education;
   (b)  appropriate  measures  of student and district poverty, including
 the appropriateness of the pupil needs index;
   (c) appropriate considerations for students with disabilities, English
 language learners, and other students with significant needs;
   (d) appropriate measures of district wealth;
   (e) efficacy of the local tax effort test; and
   (f) appropriate measures of regional costs.
   2. The education department shall report its findings,  including  any
 recommendations  for  legislative  action  as  it may deem necessary and
 appropriate, to the governor, the temporary president of the senate, and
 S. 8306--B                         34
 
 the speaker of the assembly no later than one year after  the  effective
 date of this act.
   § 17. Subdivision 3 of section 711 of the education law, as amended by
 section  7  of  part  B of chapter 57 of the laws of 2007, is amended to
 read as follows:
   3. No school district shall  be  required  to  purchase  or  otherwise
 acquire  school  library  materials,  the  cost of which shall exceed an
 amount equal to the library materials factor multiplied by  the  sum  of
 the  public  school district enrollment and the nonpublic school enroll-
 ment in the base year as defined in subparagraphs two and three of para-
 graph n of subdivision one of section thirty-six  hundred  two  of  this
 chapter.  For aid payable in the nineteen hundred ninety-eight--nineteen
 hundred ninety-nine school year, the library materials factor  shall  be
 four  dollars.  For  aid payable in the two thousand seven--two thousand
 eight school year and thereafter, the library materials factor shall  be
 six  dollars  and twenty-five cents. FOR AID PAYABLE IN THE TWO THOUSAND
 TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR, THE LIBRARY  MATERIALS
 FACTOR  SHALL  BE ELEVEN DOLLARS, AND THE LIBRARY MATERIALS FACTOR SHALL
 BE ADJUSTED ANNUALLY TO REFLECT THE PERCENTAGE INCREASE IN THE  CONSUMER
 PRICE  INDEX  AS  DEFINED  BY PARAGRAPH HH OF SUBDIVISION ONE OF SECTION
 THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
   § 18. The education law is amended by adding a new section 115 to read
 as follows:
   § 115. UNDERREPRESENTED EDUCATORS CONVENTION. 1. FOR PURPOSES OF  THIS
 SECTION, "UNDERREPRESENTED EDUCATORS" SHALL MEAN TEACHERS OR ADMINISTRA-
 TORS  WHO  CURRENTLY  PARTICIPATE OR PREVIOUSLY PARTICIPATED IN A SCHOOL
 DISTRICT OR POST-SECONDARY PARTNERSHIP AS PART OF A GROW YOUR OWN INITI-
 ATIVE, MY BROTHER'S KEEPER, TEACHER OPPORTUNITY  CORPS  PROGRAM,  HIGHER
 EDUCATION  OPPORTUNITY  PROGRAM,  EDUCATION  OPPORTUNITY PROGRAM, OR ANY
 OTHER SIMILAR PROGRAM OR INITIATIVE.
   2. (A) THE COMMISSIONER SHALL ANNUALLY CONVENE A STATEWIDE  CONVENTION
 TO  BRING  TOGETHER  UNDERREPRESENTED  EDUCATORS TO DISCUSS EXPERIENCES,
 BEST PRACTICES, AND AFFORD FOR NETWORKING, MENTORSHIP OPPORTUNITIES, AND
 SUPPORT. SUCH CONVENTION SHALL OCCUR AT A TIME AND  LOCATION  CHOSEN  BY
 THE COMMISSIONER.
   (B)  THE  COMMISSIONER  SHALL  ALSO PROVIDE FOR AT LEAST FIVE REGIONAL
 CONVENTIONS ANNUALLY TO BRING TOGETHER UNDERREPRESENTED EDUCATORS WITHIN
 EACH GEOGRAPHIC REGION OF THE STATE TO DISCUSS EXPERIENCES,  BEST  PRAC-
 TICES, AND AFFORD FOR NETWORKING, MENTORSHIP OPPORTUNITIES, AND SUPPORT.
 SUCH  CONVENTIONS  SHALL  OCCUR  AT  A  TIME  AND LOCATION CHOSEN BY THE
 COMMISSIONER.
   § 19. The education law is amended by adding a new  section  249-b  to
 read as follows:
   §  249-B.  DOLLY PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK. 1. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   A.  "PROGRAM"  SHALL  MEAN  THE STATEWIDE IMAGINATION LIBRARY PROGRAM,
 DOLLY PARTON'S IMAGINATION LIBRARY OF NEW YORK;
   B. "FUND" SHALL MEAN THE IMAGINATION LIBRARY OF NEW YORK  FUND  ESTAB-
 LISHED BY SECTION NINETY-SEVEN-BBBBB OF THE STATE FINANCE LAW; AND
   C. "QUALIFIED LOCAL ENTITY" SHALL MEAN ANY EXISTING OR NEW LOCAL DOLLY
 PARTON'S IMAGINATION LIBRARY AFFILIATE.
   2.  THERE  IS HEREBY ESTABLISHED UNDER THE ADMINISTRATION OF THE STATE
 LIBRARIAN A DOLLY PARTON'S STATEWIDE LIBRARY  SYSTEM  OF  NEW  YORK  FOR
 PURPOSES OF DEVELOPING, IMPLEMENTING, PROMOTING, AND FOSTERING A COMPRE-
 S. 8306--B                         35
 
 HENSIVE STATEWIDE INITIATIVE FOR ENCOURAGING CHILDREN FROM BIRTH TO FIVE
 YEARS OF AGE TO DEVELOP A LOVE OF READING AND LEARNING.
   3. A. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE STATE LIBRAR-
 IAN  SHALL ALLOCATE MONEYS AS GRANTS TO PROVIDE AGE-APPROPRIATE BOOKS ON
 A MONTHLY BASIS, AT HOME, TO EACH CHILD REGISTERED IN THE PROGRAM,  FROM
 BIRTH  TO  THEIR  FIFTH  BIRTHDAY  AT NO COST TO FAMILIES, THROUGH DOLLY
 PARTON'S STATEWIDE LIBRARY SYSTEM OF NEW YORK.
   B. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE STATE  LIBRARIAN
 SHALL  ALLOCATE  MONEYS FROM THE FUND AS GRANTS TO QUALIFIED LOCAL ENTI-
 TIES THAT AGREE  TO  A  DOLLAR-FOR-DOLLAR  MATCH  FOR  PURPOSES  OF  THE
 PROGRAM.
   C.  NOTWITHSTANDING PARAGRAPH B OF THIS SUBDIVISION, THE STATE LIBRAR-
 IAN MAY WAIVE THE DOLLAR-FOR-DOLLAR MATCH REQUIREMENT  FOR  A  QUALIFIED
 LOCAL  ENTITY  ON  A CASE-BY-CASE BASIS TO PREVENT UNDUE FINANCIAL HARD-
 SHIP.
   4. THE STATE LIBRARIAN SHALL COORDINATE WITH A NONPROFIT ENTITY, QUAL-
 IFIED UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE,  AND  ORGAN-
 IZED  SOLELY  TO  PROMOTE  AND  ENCOURAGE READING BY THE CHILDREN OF THE
 STATE, FOR THE PURPOSE OF IMPLEMENTING THIS SECTION.
   5. THE STATE LIBRARIAN SHALL PROVIDE OVERSIGHT AND  MANAGE  THE  DAILY
 OPERATIONS OF THE PROGRAM, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A.  PROMOTING  THE STATEWIDE DEVELOPMENT OF LOCAL DOLLY PARTON'S IMAG-
 INATION LIBRARY PROGRAMS;
   B.  ADVANCING  AND  STRENGTHENING  LOCAL  DOLLY  PARTON'S  IMAGINATION
 LIBRARY PROGRAMS WITH THE GOAL OF INCREASING ENROLLMENT;
   C.  RECRUITING VOLUNTEERS TO ASSIST IN THE DEVELOPMENT, PROMOTION, AND
 COORDINATION OF LOCAL DOLLY PARTON'S IMAGINATION LIBRARY PROGRAMS;
   D. SOLICITING DONATIONS,  GIFTS,  AND  OTHER  FUNDING  TO  FINANCIALLY
 SUPPORT LOCAL DOLLY PARTON'S IMAGINATION LIBRARY PROGRAMS;
   E. DEVELOPING COMMUNITY ENGAGEMENT;
   F. DEVELOPING, PROMOTING, AND COORDINATING A PUBLIC AWARENESS CAMPAIGN
 TO  MAKE  DONORS  AWARE  OF  THE  OPPORTUNITY TO DONATE TO THE AFFILIATE
 PROGRAMS AND MAKE THE PUBLIC AWARE OF THE OPPORTUNITY TO REGISTER ELIGI-
 BLE CHILDREN TO RECEIVE BOOKS THROUGH THE PROGRAM;
   G. ADMINISTERING  THE  LOCAL  MATCH  REQUIREMENT  AND  COORDINATE  THE
 COLLECTION AND REMITTANCE OF LOCAL PROGRAM COSTS FOR BOOKS AND MAILING;
   H. DEVELOPING STATEWIDE MARKETING AND COMMUNICATION PLANS; AND
   I.  ESTABLISHING,  IN  PARTNERSHIP  WITH  THE DEPARTMENT, A SYSTEM FOR
 PARENT AND COMMUNITY FEEDBACK TO SHOW IMPACT AND  EFFECTIVENESS  OF  THE
 PROGRAM.
   6.  ON  OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-NINE, AND ANNUALLY
 THEREAFTER, THE STATE LIBRARIAN SHALL SUBMIT A REPORT TO  THE  GOVERNOR,
 THE  TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
 SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
   A. THE DEPOSITS MADE TO, AND EXPENDITURES MADE FROM THE FUND;
   B. WHETHER ANY LOCAL MATCH REQUIREMENTS WERE WAIVED;
   C. THE NUMBER OF LOCAL PROGRAMS THAT EXIST, THEIR LOCATION, AND  WHICH
 ENTITY OR ORGANIZATION SERVES AS THE LOCAL PARTNER; AND
   D.  THE  NUMBER  OF CHILDREN THAT ARE ENROLLED AND THE NUMBER OF BOOKS
 THAT HAVE BEEN SENT TO SUCH ENROLLED CHILDREN.
   7. THE REGENTS MAY PROMULGATE REGULATIONS AS MAY  BE  NEEDED  FOR  THE
 ADMINISTRATION OF THE PROGRAM.
   §  20.  The  state  finance  law  is  amended  by adding a new section
 97-bbbbb to read as follows:
   § 97-BBBBB. IMAGINATION LIBRARY OF NEW YORK FUND. 1. THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 S. 8306--B                         36
 
 COMMISSIONER OF EDUCATION AN ACCOUNT OF THE MISCELLANEOUS SPECIAL REVEN-
 UE ACCOUNT TO BE KNOWN AS THE "IMAGINATION LIBRARY OF NEW YORK FUND".
   2. MONEYS IN THIS FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
 GLED  WITH  ANY OTHER MONEYS IN THE CUSTODY OF THE STATE COMPTROLLER AND
 THE COMMISSIONER OF EDUCATION.
   3. THE IMAGINATION LIBRARY OF NEW YORK FUND SHALL  CONSIST  OF  MONEYS
 APPROPRIATED FOR THE PURPOSE OF SUCH ACCOUNT, MONEYS TRANSFERRED TO SUCH
 ACCOUNT  PURSUANT TO LAW, CONTRIBUTIONS CONSISTING OF PROMISES OR GRANTS
 OF ANY MONEY OR PROPERTY OF ANY KIND OR VALUE, OR  ANY  OTHER  THING  OF
 VALUE, INCLUDING GRANTS OR OTHER FINANCIAL ASSISTANCE FROM ANY AGENCY OF
 GOVERNMENT  AND MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY
 OTHER LAW TO BE PAID INTO OR CREDITED TO THIS ACCOUNT.
   4. MONEYS OF THE IMAGINATION LIBRARY OF NEW YORK FUND, WHEN ALLOCATED,
 SHALL BE AVAILABLE, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDG-
 ET, TO PROVIDE AGE-APPROPRIATE BOOKS ON A MONTHLY  BASIS,  AT  HOME,  TO
 EACH CHILD REGISTERED IN THE PROGRAM, FROM BIRTH TO THEIR FIFTH BIRTHDAY
 AT NO COST TO FAMILIES, THROUGH DOLLY PARTON'S IMAGINATION LIBRARY.
   §  21.  Section  3627 of the education law, as amended by section 7 of
 part A of chapter 56 of the laws of 2014, subdivision 4  as  amended  by
 section  18-a of part A of chapter 56 of the laws of 2023, is amended to
 read as follows:
   § 3627. Transportation after 4pm FOR A CITY SCHOOL DISTRICT LOCATED IN
 A CITY HAVING A POPULATION OF ONE MILLION OR MORE.   1.  Notwithstanding
 any  other provisions of this [section] SUBDIVISION to the contrary, for
 the two thousand thirteen--two thousand fourteen and two thousand  four-
 teen--two  thousand  fifteen  school  year and thereafter, a city school
 district located in a city having a population of one  million  or  more
 providing  transportation  pursuant to this chapter shall be responsible
 for:
   (a) providing transportation for those children attending  public  and
 nonpublic  schools  in grades kindergarten through six who remain at the
 same school for which they are enrolled for regularly scheduled academic
 classes from half-past nine o'clock in the morning or earlier until four
 o'clock in the afternoon or later, on weekdays, and reside at least  one
 mile  from  their school of attendance for grades three through six, and
 at least one-half mile  from  their  school  of  attendance  for  grades
 kindergarten through two; or
   (b)  reimbursing the cost incurred by licensed transportation carriers
 pursuant to contracts with such school district for providing  transpor-
 tation  for  those  children  attending  public and nonpublic schools in
 grades kindergarten through six who remain at the same school for  which
 they  are  enrolled  for regularly scheduled academic classes from half-
 past nine o'clock in the morning or earlier until four  o'clock  in  the
 afternoon or later, on weekdays, and reside at least one mile from their
 school of attendance for grades three through six, and at least one-half
 mile  from  their  school  of attendance for grades kindergarten through
 two.
   2. Nothing herein shall prohibit the school district from  reimbursing
 for  costs  incurred  for  contracts between the school district and any
 entity providing or contracting for such transportation service.
   3. A district shall not be deemed to  have  satisfied  its  obligation
 under this section by providing public service transportation.
   4. (A) Notwithstanding any other provision of law to the contrary, any
 expenditures  for  transportation provided pursuant to this section [in]
 SHALL BE EQUAL TO:
 S. 8306--B                         37
 
   (I) FOR the two thousand thirteen--two thousand fourteen  school  year
 and thereafter and otherwise eligible for transportation aid pursuant to
 subdivision  seven  of  section  thirty-six  hundred two of this article
 shall be considered approved transportation expenses eligible for trans-
 portation  aid, provided further that for the two thousand thirteen--two
 thousand fourteen school year such aid shall be limited to eight million
 one hundred thousand dollars and  for  the  two  thousand  fourteen--two
 thousand  fifteen  school  year  such aid shall be limited to the sum of
 twelve million six hundred thousand dollars plus the base amount  [and],
 (II)  for  the  two  thousand  fifteen--two thousand sixteen school year
 through two thousand eighteen--two thousand nineteen  school  year  such
 aid  shall be limited to the sum of eighteen million eight hundred fifty
 thousand dollars plus the base amount [and], (III) for the two  thousand
 nineteen--two  thousand  twenty school year such aid shall be limited to
 the sum of nineteen million three hundred fifty  thousand  dollars  plus
 the  base  amount  [and], (IV) for the two thousand twenty--two thousand
 twenty-one school year such aid shall be limited to the sum of  nineteen
 million eight hundred fifty thousand dollars plus the base amount [and],
 (V)  for  the  two thousand twenty-two--two thousand twenty-three school
 year such aid shall be limited to the sum of  twenty-two  million  three
 hundred  fifty thousand dollars plus the base amount [and], (VI) for the
 two thousand twenty-three--two thousand  twenty-four  school  year  [and
 thereafter]  such aid shall be limited to the sum of twenty-four million
 eight hundred fifty thousand dollars plus the base amount, AND (VII) FOR
 THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL  YEAR  AND
 THEREAFTER  SUCH  AID SHALL BE LIMITED TO THE SUM OF TWENTY-NINE MILLION
 EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE AMOUNT.
   (B) For purposes of this subdivision, "base amount" means  the  amount
 of  transportation  aid  paid  to  the  school district for expenditures
 incurred in the two thousand twelve--two thousand thirteen  school  year
 for  transportation  that  would  have been eligible for aid pursuant to
 this section had this section been in effect in such school year, except
 that subdivision six of this section shall be deemed not to have been in
 effect. And provided further that the school district shall continue  to
 annually  expend  for the transportation described in subdivision one of
 this section at least the expenditures used for the base amount.
   5. Notwithstanding any other provision of this section to the  contra-
 ry, in no event shall such city school district, in order to comply with
 the  requirements  of  this  section,  be required to incur any costs in
 excess of the amount eligible for transportation aid pursuant to  subdi-
 vision  four  of this section. In the event such amount is insufficient,
 the city school  district  of  New  York  shall  provide  transportation
 services within such amount on an equitable basis, until such apportion-
 ment is exhausted.
   6.  The  chancellor  of such school district, in consultation with the
 commissioner, shall prescribe the most cost effective system for  imple-
 menting the requirements of this section, taking into consideration: (a)
 the  costs  associated with paragraphs (a) and (b) of subdivision one of
 this section, and (b) policies that attempt to maximize  student  safety
 for  the  student  to be transported, which for purposes of this section
 shall include whether the pick up or drop off site of the transportation
 is:
   (i) not further than 600 feet from the student's residence; and/or
   (ii) at the same locations for any family that have  children  at  the
 same residence who attend two or more different schools.
 S. 8306--B                         38
 
   7.  (a)  In  the  event  the chancellor has not satisfied a district's
 obligation under this section, a parent or  guardian  or  any  represen-
 tative  authorized  by  such  parent  or guardian of a child eligible to
 receive transportation under this section may request  the  commissioner
 to  arrange  for  the  provision of the transportation to so satisfy the
 requirements of this section.
   (b) If within sixty days of receiving a request from such a parent  or
 guardian  or  any  representative authorized by such parent or guardian,
 the commissioner determines that the  chancellor  has  not  satisfied  a
 district's  obligation  under  this section, then the commissioner shall
 immediately direct the chancellor to contract with a licensed  transpor-
 tation  carrier  to provide the transportation required pursuant to this
 section.
   (c) In the event the chancellor is directed  by  the  commissioner  to
 contract with a licensed transportation carrier to provide the transpor-
 tation  required  pursuant to this section, the chancellor shall provide
 the commissioner with a  copy  of  such  proposed  contract,  before  it
 becomes effective, and the commissioner shall have the power to approve,
 disapprove or require amendments to such contract before it shall become
 effective.
   (d) A district, determined by the commissioner to not be in compliance
 with the requirements of this section, shall be responsible for the cost
 of any transportation contract awarded by the chancellor.
   8.  The  parent  or guardian, or any representative authorized by such
 parent or guardian, may submit  a  written  request  for  transportation
 under  this  section,  in the same manner and upon the same dates as are
 required for a request for transportation pursuant to subdivision two of
 section thirty-six hundred thirty-five of this article.
   § 22. Subparagraph (ix) of the opening paragraph of subdivision 10  of
 section  3602-e of the education law, as added by section 17-c of part A
 of chapter 56 of the laws of 2022, is amended and a new paragraph (x) is
 added to read as follows:
   (ix) for the two thousand twenty-two--two  thousand  twenty-three  AND
 THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR school [year and
 thereafter]  YEARS,  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-
 S. 8306--B                         39
 
 tures incurred by the school district in  the  current  school  year  as
 approved by the commissioner[.], AND
   (X)  FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
 YEAR AND THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A
 GRANT AMOUNT EQUAL TO THE SUM OF (A) THE GREATER OF THE AMOUNT  PROVIDED
 UNDER  SUBPARAGRAPH (IX) OF THIS PARAGRAPH OR THE PRODUCT OF (1) THE SUM
 OF ELIGIBLE 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 ELIGIBLE FULL-DAY THREE-YEAR-OLD  PREKINDERGARTEN
 PUPILS  AS  DEFINED IN CLAUSE TWO OF SUBPARAGRAPH (II) OF PARAGRAPH B OF
 THIS SUBDIVISION, PLUS ELIGIBLE HALF-DAY  FOUR-YEAR-OLD  PREKINDERGARTEN
 PUPILS WEIGHTED AT 0.5 AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (III) OF
 PARAGRAPH  B  OF  THIS SUBDIVISION, PLUS ELIGIBLE FULL-DAY FOUR-YEAR-OLD
 PREKINDERGARTEN PUPILS AS DEFINED IN CLAUSE ONE OF SUBPARAGRAPH (II)  OF
 PARAGRAPH  B  OF  THIS SUBDIVISION, MULTIPLIED BY (2) SIX THOUSAND SEVEN
 HUNDRED DOLLARS  ($6,700),  PLUS  (B)  FUNDS  ALLOCATED  PURSUANT  TO  A
 UNIVERSAL  PREKINDERGARTEN  EXPANSION  UNDER  SUBDIVISION TWENTY OF THIS
 SECTION AS OF THE SCHOOL AID COMPUTER LISTING PRODUCED  BY  THE  COMMIS-
 SIONER  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 ELIGI-
 BLE  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 EXPENDITURES INCURRED BY THE SCHOOL DISTRICT IN THE CURRENT
 SCHOOL YEAR AS APPROVED BY THE COMMISSIONER.
   §  23.  Subparagraph  (i)  of paragraph b of subdivision 10 of section
 3602-e of the education law, as amended by section 23-c  of  part  A  of
 chapter 56 of the laws of 2021, is amended to read as follows:
   (i)  "Selected  aid per prekindergarten pupil" shall equal the greater
 of (A) the product of five-tenths and  the  school  district's  selected
 foundation aid for the current year, or (B) THREE THOUSAND THREE HUNDRED
 FIFTY  DOLLARS  ($3,350) OR (C) the aid per prekindergarten pupil calcu-
 lated pursuant to this subdivision for the two thousand six-two thousand
 seven school year, based on data on file for  the  school  aid  computer
 listing  produced  by  the commissioner in support of the enacted budget
 for the two thousand six--two thousand seven school  year  and  entitled
 "SA060-7"[; provided, however, that in the two thousand eight--two thou-
 sand  nine  school year, a city school district in a city having a popu-
 lation of one million inhabitants or  more  shall  not  be  eligible  to
 select  aid  per  prekindergarten  pupil  pursuant to clause (A) of this
 subparagraph];
   § 24. Subdivision 20 of section 3602-e of the education law is amended
 by adding a new paragraph c to read as follows:
   C. TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR.
   (I) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE UNIVERSAL  PREKINDER-
 GARTEN  EXPANSION FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-
 FIVE SCHOOL YEAR SHALL BE EQUAL TO THE AMOUNTS SET FORTH FOR EACH SCHOOL
 DISTRICT AS "24-25 UPK EXPANSION" IN THE  SCHOOL  AID  COMPUTER  LISTING
 PRODUCED  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET REQUEST
 FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE  SCHOOL  YEAR
 AND  ENTITLED "SA242-5." THESE AMOUNTS ARE CALCULATED AS TWICE THE PROD-
 UCT OF (1) EXPANSION SLOTS MULTIPLIED BY (2) SELECTED AID PER PREKINDER-
 GARTEN PUPIL CALCULATED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH  B  OF
 S. 8306--B                         40

 SUBDIVISION  TEN  OF  THIS SECTION FOR THE TWO THOUSAND TWENTY-FOUR--TWO
 THOUSAND TWENTY-FIVE 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) UNSERVED FOUR-YEAR-OLD PREKINDERGARTEN PUPILS AS DEFINED IN SUBPARA-
 GRAPH  (IV)  OF  PARAGRAPH B OF SUBDIVISION TEN OF THIS SECTION LESS (2)
 THE SUM OF FOUR-YEAR-OLD ALLOCATED SEATS DEFINED BELOW.
   (III) FOR PURPOSES OF THIS PARAGRAPH, "FOUR-YEAR-OLD ALLOCATED  SEATS"
 SHALL  BE  EQUAL TO THE SUM OF (1) THE NUMBER OF ELIGIBLE FULL-DAY FOUR-
 YEAR-OLD PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT  IN  THIS  AS
 DEFINED  IN SUBDIVISION TEN OF THIS SECTION PLUS THE PRODUCT OF SEVENTY-
 EIGHT  THOUSAND  FOUR  HUNDRED  AND  SIXTY-EIGHT   HUNDRED   THOUSANDTHS
 (0.78468)  MULTIPLIED  BY  THE NUMBER OF ELIGIBLE HALF-DAY FOUR-YEAR-OLD
 PREKINDERGARTEN PUPILS SET FORTH FOR THE DISTRICT IN SUBDIVISION TEN  OF
 THIS  SECTION  IN  THE  BASE  YEAR, PLUS (2) THE NUMBER OF FOUR-YEAR-OLD
 STUDENTS THAT MAY BE 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  TO  A  SCHOOL
 DISTRICT  PRIOR  TO  THE  TWO  THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL YEAR, PLUS (3) THE MAXIMUM NUMBER OF STUDENTS THAT MAY BE  SERVED
 IN  FULL-DAY  PREKINDERGARTEN  PROGRAMS FUNDED BY GRANTS WHICH MUST MEET
 THE REQUIREMENTS OF SECTION THIRTY-SIX HUNDRED TWO-EE OF THIS  PART  FOR
 GRANTS  AWARDED IN THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO,
 TWO THOUSAND TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE,  OR  TWO  THOUSAND
 TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR.
   §  25.  1.  The  commissioner  of  education  is hereby authorized and
 directed to conduct a study on the consolidation of all of  the  prekin-
 dergarten  funding  streams  and  to  make  recommendations on potential
 modifications to streamline the universal prekindergarten funding  proc-
 ess  and  programmatic  implementation.  The  scope  of such study shall
 include, but shall not be limited to:
   (a) barriers to  consolidation,  including  discrepancies  in  funding
 streams, oversight, and administration;
   (b) programmatic differences and methods of alignment;
   (c) differences in payment schedules; and
   (d)  any  other  fiscal and policy implications the commissioner deems
 relevant.
   2. The education department shall report its findings,  including  any
 recommendations  for  legislative  action  as  it may deem necessary and
 appropriate, to the governor, the temporary president of the senate, and
 the speaker of the assembly no later than December 1, 2024.
   § 26. 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.
   § 27. This act shall take effect immediately; provided, however that:
 S. 8306--B                         41
 
   1. sections one, nine, ten and fifteen of this act shall  take  effect
 July 1, 2024;
   2.  section  fourteen  of this act shall expire and be deemed repealed
 June 30, 2036, or until the end of one-time extensions authorized  under
 subdivision  4 of section 3638 of the education law, whichever is later.
 The commissioner of education shall notify the legislative bill drafting
 commission upon the end of the one-time extensions  authorized  pursuant
 to  subdivision 4 of section 3638 of the education law 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;
   3. section sixteen of this act shall expire  and  be  deemed  repealed
 eighteen months after such effective date; and
   4. section twenty-five of this act shall expire and be deemed repealed
 April 1, 2025.
 
                                  PART B

   Section 1. The education law is amended by adding a new section 818 to
 read as follows:
   § 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1.
 (A)  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER
 SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR
 THE TEACHING OF READING TO STUDENTS  IN  PREKINDERGARTEN  THROUGH  GRADE
 THREE.    INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL
 BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON  READING  COMPE-
 TENCY  IN  THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP-
 MENT, READING FLUENCY, COMPREHENSION,  INCLUDING  BACKGROUND  KNOWLEDGE,
 ORAL  LANGUAGE  AND  WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE
 CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK.   SUCH  INSTRUCTIONAL
 BEST  PRACTICES  SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE
 APPROPRIATE.
   (B) ALL SCHOOL DISTRICTS IN THE  STATE  SHALL  ANNUALLY  REVIEW  THEIR
 CURRICULUM  AND  INSTRUCTIONAL  PRACTICES  IN THE SUBJECT OF READING FOR
 STUDENTS IN PREKINDERGARTEN THROUGH GRADE  THREE  TO  ENSURE  THAT  THEY
 ALIGN  WITH  THE  READING  INSTRUCTIONAL  BEST  PRACTICES  ISSUED BY THE
 COMMISSIONER, AND THAT ALL EARLY  READING  INSTRUCTIONAL  PRACTICES  AND
 INTERVENTIONS  ARE  PART  OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT
 READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME-
 WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC,
 AND  CULTURAL  IDENTITIES;  ENGAGES  STUDENTS  WITH RIGOROUS, SUPPORTIVE
 INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER-
 ENCE; ELEVATES HISTORICALLY MARGINALIZED VOICES; AND  EMPOWERS  STUDENTS
 AS AGENTS OF SOCIAL CHANGE.
   (B)  "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN INTERDISCIPLI-
 NARY BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS  AND
 COMPETENCIES  DEVELOP  FROM  PREKINDERGARTEN THROUGH SECONDARY EDUCATION
 AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY.
   (C) "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT  AND
 MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
   (D)  "COMPREHENSION"  MEANS  A FUNCTION OF WORD RECOGNITION SKILLS AND
 LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT  BACK-
 S. 8306--B                         42
 
 GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS
 IN  FRONT  OF  THEM.  IT  ALSO INCLUDES THE ACTIVE PROCESS THAT REQUIRES
 INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER-
 ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT
 EXPLICITLY  BY  DEMONSTRATING,  EXPLAINING,  MODELING  AND  IMPLEMENTING
 SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS  DERIVE  MEANING
 THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES.
   (E)  "READING  FLUENCY"  MEANS THE ABILITY TO READ WORDS, PHRASES, AND
 SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
   (F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW  WORDS
 AND  INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING,
 SPEAKING, READING, AND WRITING, WHICH  IS  DIRECTLY  RELATED  TO  SCHOOL
 ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS.
   3.  ON  OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR
 BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS  IN
 THE  STATE  SHALL  CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND
 INSTRUCTIONAL STRATEGIES AND TEACHER  PROFESSIONAL  DEVELOPMENT  IN  THE
 SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL
 OF  THE  ELEMENTS  OF  THE  INSTRUCTIONAL  BEST  PRACTICES ISSUED BY THE
 COMMISSIONER PURSUANT TO THIS SECTION.
   4.  WITHIN SIX MONTHS OF CERTIFICATION  TO  THE  COMMISSIONER,  SCHOOL
 DISTRICTS SHALL OUTLINE THE IMPLEMENTATION OF THIS SECTION TO THE COMMU-
 NITY  THROUGH  INFORMATIONAL  SESSIONS,  AT  SCHOOL  BOARD MEETINGS, AND
 PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE.
   § 2. This act shall take effect immediately.
 
                                  PART C
 
   Section 1.  The education law is amended by adding a new section 665-b
 to read as follows:
   § 665-B. UNIVERSAL FINANCIAL AID POLICY. 1. DEFINITIONS.  AS  USED  IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "FAFSA" SHALL MEAN THE FREE APPLICATION FOR FEDERAL STUDENT AID.
   (B)  "INCOME"  SHALL  MEAN THE ADJUSTED GROSS INCOME USED TO DETERMINE
 THE AMOUNT OF FEDERAL PELL GRANT PAID  BY  THE  SECRETARY  OF  EDUCATION
 UNDER  20 U.S.C. § 1070A OR INCOME USED TO DETERMINE STATE FUNDED AWARDS
 PURSUANT TO SECTION SIX HUNDRED SIXTY-THREE OF THIS SUBPART.
   (C) "LEVEL OF PARENTAL EDUCATION" SHALL REFER  TO  WHETHER  OR  NOT  A
 STUDENT'S  PARENTS OBTAINED A DOCTORATE OR PROFESSIONAL DEGREE, GRADUATE
 DEGREE, BACHELOR'S DEGREE, ASSOCIATE DEGREE, HIGH SCHOOL DIPLOMA, ALTER-
 NATIVE HIGH SCHOOL CREDENTIAL, OR  ATTENDED  HIGH  SCHOOL  BUT  DID  NOT
 RECEIVE  ANY  KIND OF DIPLOMA OR CREDENTIAL, PROVIDED THAT THE PRESIDENT
 SHALL RETAIN THE DISCRETION TO INCLUDE ADDITIONAL CATEGORIES  AS  DEEMED
 APPROPRIATE.
   (D)  "LOCAL  EDUCATIONAL  AGENCY" SHALL MEAN A PUBLIC SCHOOL DISTRICT,
 CHARTER SCHOOL, OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS THROUGH  THE
 TWELFTH  GRADE,  BUT SHALL NOT INCLUDE BOARDS OF COOPERATIVE EDUCATIONAL
 SERVICES, SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION FOUR  THOU-
 SAND  ONE  OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-RESIDEN-
 TIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH  DISABILITIES  INCLUDING
 PRIVATE  SCHOOLS  ESTABLISHED UNDER CHAPTER EIGHT HUNDRED FIFTY-THREE OF
 THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR  STATE-OPERATED  OR  STATE-
 SUPPORTED  SCHOOLS  IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE, EIGHTY-SEVEN
 OR EIGHTY-EIGHT OF THIS CHAPTER.
   (E) "SENATOR JOSE PERALTA NEW YORK STATE  DREAM  ACT  APPLICATION"  OR
 "NYS  DREAM  ACT  APPLICATION"  SHALL  MEAN AN APPLICATION FOR ANY STATE
 S. 8306--B                         43
 
 FUNDED FINANCIAL AID AWARD, SUCH AS TAP AND THE  EXCELSIOR  SCHOLARSHIP,
 MADE  AVAILABLE  THROUGH THE APPLICATION PROCESS FOR INDIVIDUALS MEETING
 THE REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH  (A)  OF  SUBDIVISION
 FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS SUBPART.
   (F)  "SCHOOL"  SHALL  MEAN AN INDIVIDUAL SCHOOL WITHIN A PUBLIC SCHOOL
 DISTRICT OR A CHARTER SCHOOL OR NONPUBLIC SCHOOL WHICH EDUCATES STUDENTS
 THROUGH THE TWELFTH GRADE, BUT SHALL NOT INCLUDE BOARDS  OF  COOPERATIVE
 EDUCATIONAL SERVICES, SPECIAL ACT SCHOOL DISTRICTS AS DEFINED IN SECTION
 FOUR  THOUSAND ONE OF THIS CHAPTER, APPROVED PRIVATE RESIDENTIAL OR NON-
 RESIDENTIAL SCHOOLS FOR THE  EDUCATION  OF  STUDENTS  WITH  DISABILITIES
 INCLUDING  PRIVATE  SCHOOLS  ESTABLISHED  UNDER  CHAPTER  EIGHT  HUNDRED
 FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED SEVENTY-SIX, OR  STATE-OPER-
 ATED  OR STATE-SUPPORTED SCHOOLS IN ACCORDANCE WITH ARTICLE EIGHTY-FIVE,
 EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER.
   (G) "STUDENT AID INDEX" SHALL MEAN A CALCULATION BY A COLLEGE  OF  HOW
 MUCH  FEDERAL  STUDENT  AID  AN APPLICANT IS ELIGIBLE TO RECEIVE IF THEY
 ATTEND SUCH COLLEGE.
   (H) "TAP" SHALL REFER TO THE TUITION ASSISTANCE PROGRAM AWARDS CREATED
 IN SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART.
   (I) "UNACCOMPANIED YOUTH" SHALL HAVE THE SAME MEANING AS SET FORTH  IN
 42 U.S.C. § 11434A(6).
   2.  UNIVERSAL  FINANCIAL  AID POLICY. EACH LOCAL EDUCATIONAL AGENCY IN
 THIS STATE SHALL REQUIRE EACH HIGH SCHOOL SENIOR  OR  EACH  HIGH  SCHOOL
 SENIOR  AND  SUCH  SENIOR'S  PARENT OR LEGAL GUARDIAN, AS APPLICABLE, TO
 COMPLETE THE  FAFSA,  NYS  DREAM  ACT  APPLICATION,  OR  A  WAIVER  FORM
 DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION BEFORE A STUDENT'S DATE OF
 GRADUATION,  PROVIDED,  HOWEVER,  THAT  A STUDENT SHALL NOT BE PREVENTED
 FROM GRADUATING IF SUCH STUDENT DOES NOT COMPLETE ONE OF  THE  FORMS  OR
 APPLICATIONS DESCRIBED HEREIN.
   3. DATA SHARING AGREEMENTS. (A) IN ENABLING LOCAL EDUCATIONAL AGENCIES
 TO  COMPLY  WITH  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE
 CORPORATION SHALL ENTER INTO DATA SHARING AGREEMENTS WITH SUCH  AGENCIES
 WHICH  SHALL  COMPLY  WITH THE PROVISIONS OF THIS SUBDIVISION. SUCH DATA
 SHALL CONSIST OF A LIST OF HIGH SCHOOL SENIORS FOR WHICH THE FAFSA OR  A
 NYS  DREAM  ACT  APPLICATION  HAS  BEEN  SUBMITTED  AND/OR  ACCEPTED, AS
 DESCRIBED IN PARAGRAPH (B) OF  THIS  SUBDIVISION.    SUCH  DATA  SHARING
 AGREEMENTS SHALL, AT A MINIMUM, STIPULATE THAT:
   (I)  ALL  INFORMATION  RECEIVED  OR  ACCESSED BY THE LOCAL EDUCATIONAL
 AGENCY SHALL BE DEEMED CONFIDENTIAL AND PROPRIETARY TO THE  CORPORATION.
 ALL  SUCH  INFORMATION  MAY  NOT  BE  USED FOR ANY PURPOSE OTHER THAN TO
 ASSIST SUCH AGENCIES IN COMPLYING WITH SUBDIVISION TWO OF THIS SECTION.
   (II) THE LOCAL EDUCATIONAL AGENCY AND CORPORATION SHALL  BE  BOUND  BY
 THE  PROVISIONS  OF  ARTICLE TWO OF THE STATE TECHNOLOGY LAW, THE FAMILY
 EDUCATIONAL RIGHTS AND PRIVACY ACT OF 2001 (20 U.S.C. § 1232G); SUBPARA-
 GRAPH (E) OF PARAGRAPH (3) OF SUBDIVISION (A)  OF  SECTION  483  OF  THE
 FEDERAL  HIGHER  EDUCATION ACT, 20 U.S.C. § 1090(A)(3)(E), SECTION TWO-D
 OF THIS CHAPTER, AND OTHER APPLICABLE LOCAL, STATE, AND FEDERAL STATUTES
 WHICH PROTECT THE PRIVACY OF STUDENT DATA.
   (III) INFORMATION RECEIVED FROM THE CORPORATION SHALL BE STORED  ELEC-
 TRONICALLY  AND  ENCRYPTED,  PASSWORD-PROTECTED,  STORED  ON A LAPTOP OR
 COMPUTER WITH A SCREEN-LOCK, AND SUBJECT TO ANY OTHER  PRECAUTIONS  THAT
 THE CORPORATION FEELS NECESSARY TO STIPULATE IN ORDER TO ENSURE THAT THE
 INFORMATION IS STORED SECURELY.
   (IV)  THE  LOCAL  EDUCATIONAL  AGENCY SHALL DESIGNATE A SINGULAR CHIEF
 AUTHORIZING OFFICER WHO SHALL BE RESPONSIBLE FOR IDENTIFYING AND AUTHOR-
 IZING THE PERSONNEL WHO WILL HAVE ACCESS TO THE STUDENT  DATA  DESCRIBED
 S. 8306--B                         44
 
 HEREIN.  SUCH AUTHORIZATION SHALL BE LIMITED TO ONLY THOSE PERSONNEL WHO
 REQUIRE SUCH ACCESS IN ORDER TO CARRY OUT THE PROVISIONS OF THIS SECTION
 AND SUCH PERSONNEL SHALL HAVE SUCH ACCESS REVOKED UPON  A  DETERMINATION
 BY THE OFFICER THAT SUCH ACCESS IS NO LONGER NEEDED.
   (V)  ALL RECORDS MAINTAINED BY THE LOCAL EDUCATIONAL AGENCY CONTAINING
 THE INFORMATION DESCRIBED IN THIS PARAGRAPH SHALL BE  SUBJECT  TO  AUDIT
 AND INSPECTION BY THE CORPORATION AND STATE AND FEDERAL AUDITORS.
   (B)  THE  LIST OF STUDENTS WHO HAVE COMPLETED A FAFSA OR NYS DREAM ACT
 APPLICATION SHALL INCLUDE THE FOLLOWING INFORMATION:
   (I) THE STUDENT'S LAST NAME;
   (II) THE STUDENT'S FIRST NAME AND MIDDLE INITIAL;
   (III) THE STUDENT'S ZIP CODE, BUT NOT FULL ADDRESS;
   (IV) THE SCHOOL'S IDENTIFICATION NUMBER FOR THE  NATIONAL  CENTER  FOR
 EDUCATION  STATISTICS  AS  WELL  AS ANY OTHER NUMBER THAT THE DEPARTMENT
 USES TO IDENTIFY A SCHOOL;
   (V) IF FILED, THE DATE THAT THE FAFSA OR NYS DREAM ACT APPLICATION WAS
 SUBMITTED TO THE CORPORATION; AND
   (VI) IF SUBMITTED, THE DATE THAT THE FAFSA OR NYS DREAM  ACT  APPLICA-
 TION WAS ACCEPTED.
   (C)  THE  PRESIDENT  SHALL  PUBLISH  ONLINE  IN A CLEAR AND ACCESSIBLE
 MANNER AN UNFILLED VERSION OF THE DATA SHARING  AGREEMENT  DESCRIBED  IN
 THIS SUBDIVISION.
   4.  WAIVER  FORM.  (A)  THE LOCAL EDUCATIONAL AGENCY SHALL ENSURE THAT
 EACH HIGH SCHOOL SENIOR WHO DOES NOT COMPLETE A FAFSA OR NYS  DREAM  ACT
 APPLICATION SUBMITS THE WAIVER FORM DESCRIBED IN THIS SUBDIVISION.  SUCH
 FORM SHALL BE SIGNED BY BOTH THE SENIOR AND THE SENIOR'S PARENT OR LEGAL
 GUARDIAN, OR, IF THE SENIOR IS EIGHTEEN YEARS OF AGE OR OLDER AND LEGAL-
 LY  EMANCIPATED  OR AN UNACCOMPANIED YOUTH, SIGNED SOLELY BY THE SENIOR,
 AND SHALL CERTIFY THAT THE SENIOR UNDERSTANDS WHAT  THE  FAFSA  AND  NYS
 DREAM  ACT  APPLICATION  IS  BUT HAS CHOSEN NOT TO FILE. SUCH SENIOR, OR
 SENIOR'S PARENTS AS APPLICABLE, SHALL  NOT  BE  REQUIRED  TO  STATE  THE
 REASON FOR THE FAILURE TO FILE SUCH FAFSA OR NYS DREAM ACT APPLICATION.
   (B)  THE COMMISSIONER SHALL CREATE A UNIFORM WAIVER FORM, AVAILABLE TO
 ALL LOCAL EDUCATIONAL AGENCIES COVERED IN THIS SECTION,  AND  POST  SUCH
 FORM IN A PROMINENT AND ACCESSIBLE LOCATION ON THE DEPARTMENT'S WEBSITE.
 SUCH  FORM SHALL BE MADE AVAILABLE IN THE TWELVE MOST COMMON NON-ENGLISH
 LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDIVIDUALS IN THE STATE,
 BASED ON THE DATA IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED
 BY THE UNITED STATES CENSUS  BUREAU.  THE  COMMISSIONER  MAY,  IN  THEIR
 DISCRETION,  OFFER  SUCH  FORM IN UP TO FOUR ADDITIONAL LANGUAGES BEYOND
 THE TWELVE MOST COMMON LANGUAGES. SCHOOL DISTRICTS SHALL BE REQUIRED  TO
 USE  THE WAIVER FORM DESCRIBED IN THIS PARAGRAPH WHEN COMPLYING WITH THE
 PROVISIONS OF THIS SECTION AND SHALL NOT BE PERMITTED  TO  CREATE  THEIR
 OWN VERSIONS OF SUCH FORM.
   (C)  IF  THE  LOCAL  EDUCATIONAL  AGENCY  DETERMINES THAT A STUDENT IS
 UNABLE TO COMPLETE A REQUIREMENT OF  THIS  SECTION  IN  EXTREME  CIRCUM-
 STANCES WHERE THE STUDENT OR PARENT IS UNREACHABLE OR UNCOOPERATIVE WITH
 THE  PROVISIONS OF THIS SECTION, SUCH AGENCY SHALL COMPLETE AND SUBMIT A
 WAIVER FORM ON THE STUDENT'S BEHALF.
   5. NOTICE TO STUDENTS.  (A)  LOCAL  EDUCATIONAL  AGENCIES  SHALL  GIVE
 NOTICE  OF  THE  REQUIREMENT TO COMPLETE A FAFSA, NYS DREAM ACT APPLICA-
 TION, AND/OR WAIVER AS PROVIDED IN SUBDIVISION TWO OF  THIS  SECTION  NO
 LESS THAN FOUR TIMES THROUGHOUT THE SCHOOL YEAR FOR HIGH SCHOOL SENIORS,
 AND  NO  LESS  THAN TWO TIMES THROUGHOUT THE SCHOOL YEAR FOR HIGH SCHOOL
 JUNIORS. INCLUDED IN SUCH NOTICE SHALL BE AN EXPLANATION OF  STATE-SPON-
 SORED SCHOLARSHIPS AND FINANCIAL AID OPPORTUNITIES.
 S. 8306--B                         45
 
   (B)  LOCAL  EDUCATIONAL  AGENCIES  SHALL  DIRECT  STUDENTS  TO SUPPORT
 SERVICES THAT MAY BE AVAILABLE TO  ASSIST  STUDENTS  IN  COMPLETING  THE
 FAFSA  AND  NYS  DREAM  ACT  APPLICATION AS NECESSARY, INCLUDING BUT NOT
 LIMITED TO PROGRAMS OPERATED BY  THE  CORPORATION,  POSTSECONDARY  IMMI-
 GRATION  RESOURCE  CENTERS,  COLLEGE READINESS ORGANIZATIONS, COMMUNITY-
 BASED ORGANIZATIONS, AND LEGAL RESOURCE ORGANIZATIONS.
   (C) LOCAL EDUCATIONAL AGENCIES SHALL MAKE EVERY EFFORT TO ENSURE  THAT
 UNACCOMPANIED  YOUTH  ARE PROVIDED OR CONNECTED WITH RESOURCES NEEDED TO
 COMPLETE A FAFSA OR NYS DREAM ACT APPLICATION AS APPROPRIATE.
   6. DATA REPORTING. (A) THE CORPORATION SHALL COMPILE DATA ON FAFSA AND
 NYS DREAM ACT APPLICATION SUBMISSION AND ACCEPTANCE RATES FOR EACH LOCAL
 EDUCATIONAL AGENCY COVERED BY THIS SECTION AND PUBLISH SUCH DATA ON  ITS
 WEBSITE  FOR  EACH  MONTH  OF  THE YEAR. REPORTED DATA SHALL INCLUDE THE
 NUMBER OF FAFSA AND NYS DREAM ACT APPLICATIONS SUBMITTED AND ACCEPTED:
   (I) BOTH IN TOTAL AND DISAGGREGATED  BY  SCHOOL,  COUNTY,  AND  PUBLIC
 SCHOOL DISTRICT; AND
   (II)  DISAGGREGATED  BY  LEVEL  OF  PARENTAL  EDUCATION, RACIAL AND/OR
 ETHNIC IDENTITY OF THE STUDENT, INCOME, AGE,  GENDER,  AND  STUDENT  AID
 INDEX, AS AVAILABLE TO THE CORPORATION AND WHERE POSSIBLE;
   (III)  HOWEVER,  THE  CORPORATION  MAY EXCLUDE NYS DREAM ACT APPLICANT
 DISAGGREGATED DATA IF THE APPLICANTS WERE  SO  FEW  THAT  THE  ANONYMOUS
 INFORMATION OF THE STUDENT COULD BE INADVERTENTLY PUBLISHED.
   (B)  THE CORPORATION SHALL PUBLISH THE DATA DESCRIBED IN THIS SUBDIVI-
 SION IN A CLEAR AND ACCESSIBLE MANNER ON ITS WEBSITE.
   (C) THE CORPORATION SHALL CREATE  AN  ONLINE  DASHBOARD  WHICH  TRACKS
 FAFSA  AND NYS DREAM ACT APPLICATION SUBMISSION AND ACCEPTANCE RATES FOR
 THE CURRENT YEAR. THE CORPORATION  SHALL  ALSO  PUBLISH  A  TABLE  WHICH
 COMPARES  SUCH  RATES  TO THE RATES OF PRIOR YEARS BEGINNING IN THE YEAR
 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION.
   7. NO PENALTY. A STUDENT WHO DOES NOT FULFILL THE REQUIREMENTS OF THIS
 SECTION SHALL NOT BE PENALIZED  OR  PUNISHED  ON  SUCH  BASIS  AND  THIS
 SECTION SHALL NOT AFFECT A STUDENT'S ABILITY TO GRADUATE.
   §  2. This act shall take effect on the first of July  next succeeding
 one year 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 D
 
                           Intentionally Omitted
 
                                  PART E
 
   Section 1. Paragraph d of subdivision 7 of section 2-d of  the  educa-
 tion law, as added by section 1 of subpart L of part AA of chapter 56 of
 the laws of 2014, is amended to read as follows:
   d. Nothing in this section shall limit the DEPARTMENT'S administrative
 use  of  student  data  or  teacher or principal data by a person acting
 exclusively in the person's capacity as an employee  of  an  educational
 agency  or  of the state or any of its political subdivisions, any court
 or the federal government that is otherwise required by law. NOTHING  IN
 THIS  SECTION  SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK
 STATE HIGHER EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW
 YORK, OR THE CITY UNIVERSITY OF NEW YORK  FOR  EDUCATIONAL  PURPOSES  IN
 S. 8306--B                         46
 
 ACCORDANCE  WITH  A  DATA  PROTECTION  AGREEMENT  AND  PURSUANT  TO  THE
 PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT,  20  U.S.C.
 SECTION 1232G.
   §  2.  Section  655  of  the  education law is amended by adding a new
 subdivision 9-a to read as follows:
   9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND
 DATA AS THE PRESIDENT DEEMS NECESSARY  FOR  PURPOSES  OF  FINANCIAL  AID
 PROGRAM EVALUATION.
   § 3. This act shall take effect immediately.
 
                                  PART F
 
   Section  1. Section 16 of chapter 260 of the laws of 2011 amending the
 education law and the New York state urban development  corporation  act
 relating  to establishing components of the NY-SUNY 2020 challenge grant
 program, as amended by section 4 of part DD of chapter 56 of the laws of
 2021, is amended to read as follows:
   § 16. This act shall take effect July 1, 2011; provided [that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen  of  this  act  shall expire 13 years after such effective date
 when upon such date the provisions of this act shall be deemed repealed;
 and provided further] that sections fourteen and  fifteen  of  this  act
 shall expire 5 years after such effective date when upon such date [the]
 SUCH provisions [of this act] shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section  1.  Section  3  of  part N of chapter 56 of the laws of 2020,
 amending the social services law relating to restructuring financing for
 residential school placements, as amended by section  1  of  part  V  of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed April 1, [2024] 2025; provided however that  the  amend-
 ments  to  subdivision 10 of section 153 of the social services law made
 by section one of this act, shall not  affect  the  expiration  of  such
 subdivision and shall be deemed to expire therewith.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2024.
 
                                  PART H
 
   Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
 section  131-o  of  the  social services law, as amended by section 1 of
 part Z of chapter 56 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   (a)  in  the  case of each individual receiving family care, an amount
 equal to at least [$175.00] $181.00 for each month beginning on or after
 January first, two thousand [twenty-three] TWENTY-FOUR.
   (b) in the case of each  individual  receiving  residential  care,  an
 amount  equal  to at least [$202.00] $208.00 for each month beginning on
 or after January first, two thousand [twenty-three] TWENTY-FOUR.
   (c) in the case of  each  individual  receiving  enhanced  residential
 care,  an  amount  equal  to  at  least [$241.00] $249.00 for each month
 beginning on or after January first, two thousand  [twenty-three]  TWEN-
 TY-FOUR.
 S. 8306--B                         47

   (d)  for  the  period  commencing January first, two thousand [twenty-
 four] TWENTY-FIVE, the monthly personal  needs  allowance  shall  be  an
 amount  equal  to  the sum of the amounts set forth in subparagraphs one
 and two of this paragraph:
   (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
 subdivision; and
   (2) the amount in subparagraph one of this  paragraph,  multiplied  by
 the  percentage  of  any  federal  supplemental  security income cost of
 living adjustment which becomes effective on or after January first, two
 thousand [twenty-four] TWENTY-FIVE, but prior  to  June  thirtieth,  two
 thousand [twenty-four] TWENTY-FIVE, rounded to the nearest whole dollar.
   §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
 section 209 of the social services law, as amended by section 2 of  part
 Z of chapter 56 of the laws of 2023, are amended to read as follows:
   (a)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  alone,  [$1,001.00]  $1,030.00;
 and for an eligible couple living alone, [$1,475.00] $1,519.00.
   (b)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, for an eligible individual living  with  others  with  or  without
 in-kind  income,  [$937.00]  $966.00;  and for an eligible couple living
 with others with or without in-kind income, [$1,417.00] $1,461.00.
   (c) On and after January first, two  thousand  [twenty-three]  TWENTY-
 FOUR,  (i) for an eligible individual receiving family care, [$1,180.48]
 $1,209.48 if he or she is receiving such care in the city of New York or
 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
 eligible  couple  receiving  family  care in the city of New York or the
 county of Nassau, Suffolk, Westchester or Rockland, two times the amount
 set forth in subparagraph (i) of this paragraph; or (iii) for an  eligi-
 ble  individual  receiving  such  care in any other county in the state,
 [$1,142.48] $1,171.48; and (iv) for an eligible  couple  receiving  such
 care in any other county in the state, two times the amount set forth in
 subparagraph (iii) of this paragraph.
   (d)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR,  (i)  for  an  eligible  individual  receiving  residential  care,
 [$1,349.00] $1,378.00 if he or she is receiving such care in the city of
 New  York or the county of Nassau, Suffolk, Westchester or Rockland; and
 (ii) for an eligible couple receiving residential care in  the  city  of
 New  York or the county of Nassau, Suffolk, Westchester or Rockland, two
 times the amount set forth in subparagraph (i)  of  this  paragraph;  or
 (iii) for an eligible individual receiving such care in any other county
 in  the  state,  [$1,319.00]  $1,348.00; and (iv) for an eligible couple
 receiving such care in any other county in  the  state,  two  times  the
 amount set forth in subparagraph (iii) of this paragraph.
   (e)  On  and  after January first, two thousand [twenty-three] TWENTY-
 FOUR, (i) for an  eligible  individual  receiving  enhanced  residential
 care,  [$1,608.00]  $1,637.00; and (ii) for an eligible couple receiving
 enhanced residential care, two times the amount set  forth  in  subpara-
 graph (i) of this paragraph.
   (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
 vision  shall  be  increased to reflect any increases in federal supple-
 mental security income benefits for individuals or couples which  become
 effective  on or after January first, two thousand [twenty-four] TWENTY-
 FIVE  but  prior  to  June   thirtieth,   two   thousand   [twenty-four]
 TWENTY-FIVE.
   § 3. This act shall take effect December 31, 2024.
 S. 8306--B                         48
 
                                  PART I
 
   Section  1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi-
 sion 1 of section 413 of the family court act, as amended by chapter 567
 of the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income from[,] such other resources as may be available to  the  parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are  provided  as part of compensation for employment to the extent that
 such perquisites constitute expenditures  for  personal  use,  or  which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C)  fringe  benefits provided as part of compensation for employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF  THE  PARENT,  TO
 THE  EXTENT  KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
 DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS,  EDUCATIONAL  ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS,  RECORD  OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
 EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL  IN  THE
 LOCAL  COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
 NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED  BY  THE  CHILD  SUPPORT
 ORDER.  ATTRIBUTION  OR  IMPUTATION  OF  INCOME  SHALL BE ACCOMPANIED BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
 ANT TO THIS CLAUSE;
   § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b
 of section 240 of the domestic relations law, as added by chapter 567 of
 the laws of 1989, is amended to read as follows:
   (iv) at the discretion of the court, the court may attribute or impute
 income from[,] such other resources as may be available to  the  parent,
 including, but not limited to:
   (A) non-income producing assets,
   (B) meals, lodging, memberships, automobiles or other perquisites that
 are  provided  as part of compensation for employment to the extent that
 such perquisites constitute expenditures  for  personal  use,  or  which
 expenditures directly or [indirecly] INDIRECTLY confer personal economic
 benefits,
   (C)  fringe  benefits provided as part of compensation for employment,
 and
   (D) money, goods, or services provided by relatives and friends;
   IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
 THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF  THE  PARENT,  TO
 THE  EXTENT  KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
 DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS,  EDUCATIONAL  ATTAIN-
 MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
 ERS,  RECORD  OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
 EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL  IN  THE
 LOCAL  COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
 NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED  BY  THE  CHILD  SUPPORT
 ORDER.  ATTRIBUTION  OR  IMPUTATION  OF  INCOME  SHALL BE ACCOMPANIED BY
 SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
 S. 8306--B                         49
 
 MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
 ANT TO THIS CLAUSE;
   § 3. Paragraph (k) of subdivision 1 of section 413 of the family court
 act,  as  amended by chapter 567 of the laws of 1989, is amended to read
 as follows:
   (k) When a party has defaulted and/or the court is otherwise presented
 with insufficient evidence to determine gross income, [the  court  shall
 order  child  support  based upon the needs or standard of living of the
 child, whichever is greater] THE SUPPORT OBLIGATION SHALL  BE  BASED  ON
 AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
 ACCORDANCE  WITH  CLAUSE  (IV)  OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
 THIS SUBDIVISION. Such order may be retroactively modified upward, with-
 out a showing of change in circumstances.
   § 4. Paragraph (k) of subdivision 1-b of section 240 of  the  domestic
 relations  law,  as added by chapter 567 of the laws of 1989, is amended
 to read as follows:
   (k) When a party has defaulted and/or the court is otherwise presented
 with insufficient evidence to determine gross income, [the  court  shall
 order  child  support  based upon the needs or standard of living of the
 child, whichever is greater] THE SUPPORT OBLIGATION SHALL  BE  BASED  ON
 AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
 ACCORDANCE  WITH  CLAUSE  (IV)  OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
 THIS SUBDIVISION. Such order may be retroactively modified upward, with-
 out a showing of change in circumstances.
   § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of
 section 413 of the family court act, as amended by chapter  313  of  the
 laws of 2019, is amended to read as follows:
   (v)  an  amount  imputed  as  income  based  upon  the parent's former
 resources or income, if the court determines that a parent  has  reduced
 resources  or income in order to reduce or avoid the parent's obligation
 for child support; provided that incarceration shall not  be  considered
 voluntary  unemployment[,  unless  such  incarceration  is the result of
 non-payment of a child support order, or an offense against  the  custo-
 dial parent or child who is the subject of the order or judgment];
   §  6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b
 of section 240 of the domestic relations law, as amended by chapter  313
 of the laws of 2019, is amended to read as follows:
   (v)  an  amount  imputed  as  income  based  upon  the parent's former
 resources or income, if the court determines that a parent  has  reduced
 resources  or income in order to reduce or avoid the parent's obligation
 for child support; provided that incarceration shall not  be  considered
 voluntary  unemployment[,  unless  such  incarceration  is the result of
 non-payment of a child support order, or an offense against  the  custo-
 dial parent or child who is the subject of the order or judgment];
   § 7. Paragraph (a) of subdivision 3 of section 451 of the family court
 act,  as  amended by chapter 313 of the laws of 2019, is amended to read
 as follows:
   (a) The court may modify an order of child support, including an order
 incorporating  without  merging  an  agreement  or  stipulation  of  the
 parties,  upon  a  showing  of  a  substantial  change in circumstances.
 Incarceration shall not be considered voluntary unemployment  and  shall
 not  be a bar to finding a substantial change in circumstances [provided
 such incarceration is not the result of non-payment of a  child  support
 order,  or  an  offense against the custodial parent or child who is the
 subject of the order or judgment].
 S. 8306--B                         50
 
   § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision  9  of
 part B of section 236 of the domestic relations law, as amended by chap-
 ter 313 of the laws of 2019, is amended to read as follows:
   (i) The court may modify an order of child support, including an order
 incorporating  without  merging  an  agreement  or  stipulation  of  the
 parties, upon a  showing  of  a  substantial  change  in  circumstances.
 Incarceration  shall  not be considered voluntary unemployment and shall
 not be a bar to finding a substantial change in circumstances  [provided
 such  incarceration  is not the result of non-payment of a child support
 order, or an offense against the custodial parent or child  who  is  the
 subject of the order or judgment].
   §  9.  This  act shall take effect immediately, and shall apply to any
 action or proceeding pending upon or commenced on or after  such  effec-
 tive date.
 
                                  PART J
 
   Section 1. Subdivision 1 of section 206-c of the labor law, as amended
 by chapter 672 of the laws of 2022, is amended to read as follows:
   1.  An employer shall provide [reasonable unpaid] PAID break time [or]
 FOR THIRTY MINUTES, AND permit an employee to use  EXISTING  paid  break
 time  or  meal  time  FOR TIME IN EXCESS OF THIRTY MINUTES,  to allow an
 employee to express breast milk for [her] SUCH EMPLOYEE'S nursing  child
 each  time  such employee has reasonable need to express breast milk for
 up to three years following child birth. No employer shall  discriminate
 in any way against an employee who chooses to express breast milk in the
 work place.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
                                  PART K
 
                           Intentionally Omitted
 
                                  PART L
 
   Section 1. Subdivision 3 of section 218 of the labor law,  as  amended
 by chapter 2 of the laws of 2015, is amended to read as follows:
   3.  (A)  Provided  that  no  proceeding for administrative or judicial
 review as provided in this chapter shall then be pending  and  the  time
 for  initiation  of such proceeding shall have expired, the commissioner
 may file with the county clerk of the county where the employer  resides
 or  has  a place of business the order of the commissioner, or the deci-
 sion of the industrial board of appeals containing the amount  found  to
 be  due  including  the civil penalty, if any, and at the commissioner's
 discretion, an additional fifteen percent damages upon  any  outstanding
 monies  owed.  [At]  NOTWITHSTANDING  ANY  PROVISION TO THE CONTRARY, IN
 EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
 THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED  UPON
 SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
 THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL
 EXPENSES  PAID  IN  THE  PERFORMANCE  OF SUCH DUTY. ADDITIONALLY, AT the
 request of an employee, the commissioner shall assign, without consider-
 ation or liability, that portion of the  filed  order  that  constitutes
 wages,  wage  supplements,  interest  on  wages  or wage supplements, or
 S. 8306--B                         51
 
 liquidated damages due that employee, to that employee and may  file  an
 assignment or order in that amount in the name of that employee with the
 county  clerk of the county where the employer resides or has a place of
 business.  The  filing  of such assignment, order or decision shall have
 the full force and effect of a judgment duly docketed in the  office  of
 such  clerk. The assignment[, order or decision] may be enforced [by and
 in the name of the commissioner, or] by  the  employee[,]  in  the  same
 manner,  and  with like effect, as that prescribed by the civil practice
 law and rules for the enforcement of a money judgment.
   (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED  BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL  REVIEW  AS  PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
 TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED,  THE  COMMIS-
 SIONER  MAY  ISSUE  A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE
 SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND  SELL  THE  REAL
 AND  PERSONAL  PROPERTY  WHICH  MAY  BE  FOUND WITHIN THEIR COUNTY OF AN
 EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM  DETERMINED  TO  BE
 DUE  FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
 EST, PENALTIES, AND THE COST OF EXECUTING THE  WARRANT,  AND  TO  RETURN
 SUCH  WARRANT  TO  THE  COMMISSIONER  AND TO PAY INTO THE FUND THE MONEY
 COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF  SUCH
 WARRANT.    THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE
 WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
 SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF  THE  EMPLOYER
 MENTIONED  IN  THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST,
 AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND  THE  DATE  WHEN  SUCH
 COPY  IS  FILED.  THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL
 BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND  CHAT-
 TELS  OF  THE  EMPLOYER  AGAINST  WHOM THE WARRANT IS ISSUED IN THE SAME
 MANNER AS A JUDGMENT DULY DOCKETED IN THE  OFFICE  OF  SUCH  CLERK.  THE
 SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
 LIKE  EFFECT,  AS  THAT  PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED
 AGAINST PROPERTY UPON JUDGMENTS OF A COURT  OF  RECORD,  AND  FOR  THEIR
 SERVICES  IN  EXECUTING  THE  WARRANT THEY SHALL BE ENTITLED TO THE SAME
 FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
   (C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT  OF  LIKE  TERMS,
 FORCE,  AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
 OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH  THE
 CLERK  OF  ANY  COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
 DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME  MANNER  AND  WITH  THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED  AND  DIRECTED  TO  AND  FILED BY A SHERIFF; AND IN THE EXECUTION
 THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED  BY
 LAW  UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
 IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF  SUCH  DUTY.
 IF  A  WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
 HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF  THE  COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   §  2.  Subdivision  3  of  section 219 of the labor law, as amended by
 chapter 2 of the laws of 2015, is amended to read as follows:
   3. (A) Provided that no  proceeding  for  administrative  or  judicial
 review  as  provided  in this chapter shall then be pending and the time
 for initiation of such proceeding shall have expired,  the  commissioner
 may  file with the county clerk of the county where the employer resides
 or has a place of business the order of the commissioner or the decision
 of the industrial board of appeals containing the  amount  found  to  be
 S. 8306--B                         52
 
 due,  including, at the commissioner's discretion, an additional fifteen
 percent damages upon any outstanding monies owed.  [At]  NOTWITHSTANDING
 ANY  PROVISION  TO  THE  CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
 FILED  BY  THE  COMMISSIONER  PURSUANT TO THIS SECTION, THE COMMISSIONER
 SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
 OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE  ENTITLED  TO  NO
 FEE  OR  COMPENSATION  IN  EXCESS  OF  THE  ACTUAL  EXPENSES PAID IN THE
 PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of  an  employee,
 the  commissioner shall assign, without consideration or liability, that
 portion of the filed order that  constitutes  wages,  wage  supplements,
 interest  on  wages  or  wage supplements, or liquidated damages due the
 employee, to that employee and may file an assignment or order  in  that
 amount  in the name of such employee with the county clerk of the county
 where the employer resides or has a place of  business.  The  filing  of
 such  assignment, order or decision shall have the full force and effect
 of a judgment duly docketed in the office of  such  clerk.  The  assign-
 ment[,  order  or  decision]  may be enforced [by and in the name of the
 commissioner, or] by the employee[,] in the same manner, and  with  like
 effect,  as  that prescribed by the civil practice law and rules for the
 enforcement of a money judgment.
   (B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED  BY
 THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
 CIAL  REVIEW  AS  PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
 TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED,  THE  COMMIS-
 SIONER  MAY  ISSUE  A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE
 SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND  SELL  THE  REAL
 AND  PERSONAL  PROPERTY  WHICH  MAY  BE  FOUND WITHIN THEIR COUNTY OF AN
 EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM  DETERMINED  TO  BE
 DUE  FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
 EST, PENALTIES, AND THE COST OF EXECUTING THE  WARRANT,  AND  TO  RETURN
 SUCH  WARRANT  TO  THE  COMMISSIONER  AND TO PAY INTO THE FUND THE MONEY
 COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF  SUCH
 WARRANT.  THE  SHERIFF  SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE
 WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
 SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF  THE  EMPLOYER
 MENTIONED  IN  THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST,
 AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND  THE  DATE  WHEN  SUCH
 COPY  IS  FILED.  THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL
 BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND  CHAT-
 TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME
 MANNER  AS  A  JUDGMENT  DULY  DOCKETED IN THE OFFICE OF SUCH CLERK. THE
 SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
 LIKE EFFECT, AS THAT PROVIDED BY LAW IN  RESPECT  TO  EXECUTIONS  ISSUED
 AGAINST  PROPERTY  UPON  JUDGMENTS  OF  A COURT OF RECORD, AND FOR THEIR
 SERVICES IN EXECUTING THE WARRANT THEY SHALL BE  ENTITLED  TO  THE  SAME
 FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
   (C)  IN  THE  DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
 FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR  EMPLOYEE
 OF  THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
 CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH  SUCH  CLERK  SHALL
 DOCKET  IT  AND  IT  SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
 SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
 ISSUED AND DIRECTED TO AND FILED BY A  SHERIFF;  AND  IN  THE  EXECUTION
 THEREOF  SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
 LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR  COMPENSATION
 IN  EXCESS  OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
 S. 8306--B                         53
 
 IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE  COMMISSIONER  SHALL
 HAVE  THE  SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
 SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
   §  3.  Subdivision  5  of  section  6201 of the civil practice law and
 rules, as amended by chapter 860 of the laws of 1977 and  as  renumbered
 by  chapter  618 of the laws of 1992, is amended and a new subdivision 6
 is added to read as follows:
   5. the cause of action is based on a judgment, decree or  order  of  a
 court  of  the  United States or of any other court which is entitled to
 full faith and credit in this state, or on a  judgment  which  qualifies
 for  recognition  under the provisions of article 53[.] OF THIS CHAPTER;
 OR
   6. THE CAUSE OF ACTION IS BASED ON WAGE CLAIMS.  "WAGE  CLAIMS,"  WHEN
 USED IN THIS CHAPTER, SHALL INCLUDE ANY CLAIMS OF VIOLATIONS OF ARTICLES
 FIVE, SIX, AND NINETEEN OF THE LABOR LAW, SECTION TWO HUNDRED FIFTEEN OF
 THE LABOR LAW, AND THE RELATED REGULATIONS OR WAGE ORDERS PROMULGATED BY
 THE  COMMISSIONER  OF  LABOR, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF
 UNPAID, MINIMUM, OVERTIME, AND SPREAD-OF-HOURS PAY, UNLAWFULLY  RETAINED
 GRATUITIES,  UNLAWFUL  DEDUCTIONS FROM WAGES, UNPAID COMMISSIONS, UNPAID
 BENEFITS AND WAGE SUPPLEMENTS, AND RETALIATION, AND ANY CLAIMS  PURSUANT
 TO 18 U.S.C. § 1595, 29 U.S.C. § 201 ET SEQ., AND/OR EMPLOYMENT CONTRACT
 AS  WELL  AS THE CONCOMITANT LIQUIDATED DAMAGES AND PENALTIES AUTHORIZED
 PURSUANT TO THE LABOR LAW, THE FAIR LABOR STANDARDS ACT, OR ANY  EMPLOY-
 MENT CONTRACT.
   §  4.  Section  6210  of the civil practice law and rules, as added by
 chapter 860 of the laws of 1977, is amended to read as follows:
   § 6210. Order of attachment on notice;  temporary  restraining  order;
 contents.  Upon a motion on notice for an order of attachment, the court
 may, without notice to the  defendant,  grant  a  temporary  restraining
 order  prohibiting  the transfer of assets by a garnishee as provided in
 subdivision (b) of section 6214. WHEN ATTACHMENT IS SOUGHT  PURSUANT  TO
 SUBDIVISION  SIX  OF  SECTION  6201,  AND  IF  THE EMPLOYER CONTESTS THE
 MOTION, THE COURT SHALL HOLD A HEARING  WITHIN  TEN  DAYS  OF  WHEN  THE
 EMPLOYER'S  RESPONSE  TO  PLAINTIFFS'  MOTION FOR ATTACHMENT IS DUE. The
 contents of the order of attachment granted  pursuant  to  this  section
 shall be as provided in subdivision (a) of section 6211.
   §  5.  Subdivision  (b)  of section 6211 of the civil practice law and
 rules, as amended by chapter 566 of the laws of 1985, is amended to read
 as follows:
   (b) Confirmation of order. Except where  an  order  of  attachment  is
 granted  on  the  ground  specified in subdivision one OR SIX of section
 6201, an order of attachment granted without notice shall  provide  that
 within  a period not to exceed five days after levy, the plaintiff shall
 move, on such notice as the court shall direct  to  the  defendant,  the
 garnishee, if any, and the sheriff, for an order confirming the order of
 attachment.  Where  an  order of attachment without notice is granted on
 the ground specified in subdivision one OR  SIX  of  section  6201,  the
 court shall direct that the statement required by section 6219 be served
 within  five days, that a copy thereof be served upon the plaintiff, and
 the plaintiff shall move  within  ten  days  after  levy  for  an  order
 confirming  the  order  of attachment. If the plaintiff upon such motion
 shall show that the statement has not been served and that the plaintiff
 will be unable to satisfy the requirement of subdivision (b) of  section
 6223 until the statement has been served, the court may grant one exten-
 sion of the time to move for confirmation for a period not to exceed ten
 days. If plaintiff fails to make such motion within the required period,
 S. 8306--B                         54
 
 the  order  of  attachment and any levy thereunder shall have no further
 effect and shall be vacated upon motion. Upon the motion to confirm, the
 provisions of subdivision (b) of section 6223 shall apply. An  order  of
 attachment  granted  without notice may provide that the sheriff refrain
 from taking any property levied upon into [his] THE  actual  custody  OF
 SUCH SHERIFF, pending further order of the court.
   §  6.  Subdivisions (b) and (e) of rule 6212 of the civil practice law
 and rules, subdivision (b) as separately amended by chapters 15 and  860
 of  the  laws of 1977 and subdivision (e) as added by chapter 860 of the
 laws of 1977, are amended to read as follows:
   (b) Undertaking. [On] 1. EXCEPT WHERE AN ORDER OF ATTACHMENT IS SOUGHT
 ON THE GROUND SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, ON a  motion
 for  an order of attachment, the plaintiff shall give an undertaking, in
 a total amount fixed by the  court,  but  not  less  than  five  hundred
 dollars,  a  specified part thereof conditioned that the plaintiff shall
 pay to the defendant all costs and damages, including reasonable  attor-
 ney's  fees,  which  may be sustained by reason of the attachment if the
 defendant recovers judgment or if it is finally decided that the  plain-
 tiff  was not entitled to an attachment of the defendant's property, and
 the balance conditioned that the plaintiff shall pay to the sheriff  all
 of [his] THEIR allowable fees.
   2.  ON  A  MOTION  FOR  AN  ATTACHMENT  PURSUANT TO SUBDIVISION SIX OF
 SECTION 6201, THE COURT SHALL ORDER THAT THE PLAINTIFF GIVE AN  ACCESSI-
 BLE UNDERTAKING OF NO MORE THAN FIVE HUNDRED DOLLARS, OR IN THE ALTERNA-
 TIVE,  MAY WAIVE THE UNDERTAKING ALTOGETHER. The attorney for the plain-
 tiff shall not be liable to the sheriff for such fees. The surety on the
 undertaking shall not be discharged except upon notice to the sheriff.
   (e) Damages. [The] EXCEPT WHERE AN ORDER OF ATTACHMENT  IS  SOUGHT  ON
 THE  GROUND  SPECIFIED IN SUBDIVISION SIX OF SECTION 6201, THE plaintiff
 shall be liable to the defendant for all costs  and  damages,  including
 reasonable  attorney's  fees,  which  may  be sustained by reason of the
 attachment if the defendant recovers  judgment,  or  if  it  is  finally
 decided  that  the  plaintiff  was  not entitled to an attachment of the
 defendant's property. Plaintiff's liability shall not be limited by  the
 amount of the undertaking.
   §  7. Paragraph (b) of section 624 of the business corporation law, as
 amended by chapter 449 of the laws  of  1997,  is  amended  to  read  as
 follows:
   (b) Any person who shall have been a shareholder of record of a corpo-
 ration,  OR  WHO  IS  OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOYEE,
 upon at least five days' written demand shall have the right to  examine
 in  person  or  by  agent  or attorney, during usual business hours, its
 minutes of the proceedings of its shareholders and record of  sharehold-
 ers and to make extracts therefrom for any purpose reasonably related to
 such  person's  interest as a shareholder, LABORER, SERVANT OR EMPLOYEE,
 PROVIDED THE PURPOSE REASONABLY RELATED TO  A  PERSON'S  INTEREST  AS  A
 LABORER,  SERVANT  OR  EMPLOYEE SHALL BE TO OBTAIN THE NAMES, ADDRESSES,
 AND VALUE OF SHAREHOLDERS' INTERESTS  IN  THE  CORPORATION.  Holders  of
 voting  trust  certificates representing shares of the corporation shall
 be regarded as shareholders for the purpose of this section.   Any  such
 agent  or  attorney  shall be authorized in a writing that satisfies the
 requirements of a writing under paragraph (b) of section 609  (Proxies).
 A  corporation  requested  to provide information pursuant to this para-
 graph shall make available such information in written form and  in  any
 other  format in which such information is maintained by the corporation
 and shall not be required to  provide  such  information  in  any  other
 S. 8306--B                         55
 
 format.  If a request made pursuant to this paragraph includes a request
 to furnish information  regarding  beneficial  owners,  the  corporation
 shall  make available such information in its possession regarding bene-
 ficial  owners  as is provided to the corporation by a registered broker
 or dealer or a bank, association or other entity that exercises  fiduci-
 ary  powers  in  connection  with  the forwarding of information to such
 owners. The corporation shall not  be  required  to  obtain  information
 about beneficial owners not in its possession.
   §  8.  Section  630  of the business corporation law, paragraph (a) as
 amended by chapter 5 of the laws of 2016, paragraph (c)  as  amended  by
 chapter 746 of the laws of 1963, is amended to read as follows:
 § 630. Liability  of shareholders for wages due to laborers, servants or
          employees.
   (a) The ten largest shareholders, as determined by the fair  value  of
 their beneficial interest as of the beginning of the period during which
 the  unpaid services referred to in this section are performed, of every
 domestic corporation or of any  foreign  corporation,  when  the  unpaid
 services were performed in the state, no shares of which are listed on a
 national  securities exchange or regularly quoted in an over-the-counter
 market by one or more members of a national or an affiliated  securities
 association,  shall  jointly  and severally be personally liable for all
 debts, wages or salaries due and owing to any of its laborers,  servants
 or  employees other than contractors, for services performed by them for
 such corporation. [Before such laborer, servant or employee shall charge
 such shareholder for such services, he shall give notice in  writing  to
 such  shareholder that he intends to hold him liable under this section.
 Such notice shall be given within one  hundred  and  eighty  days  after
 termination  of  such  services, except that if, within such period, the
 laborer, servant or employee demands an examination  of  the  record  of
 shareholders  under  paragraph  (b)  of  section 624 (Books and records;
 right of inspection, prima facie evidence) of this article, such  notice
 may  be  given within sixty days after he has been given the opportunity
 to examine the record of shareholders. An action to enforce such liabil-
 ity shall be commenced  within  ninety  days  after  the  return  of  an
 execution  unsatisfied against the corporation upon a judgment recovered
 against it for such services.] The provisions of  this  paragraph  shall
 not  apply  to  an investment company registered as such under an act of
 congress entitled "Investment Company Act of 1940."
   (b) For the purposes of this section, wages or salaries shall mean all
 compensation and benefits payable by an employer to or for  the  account
 of  the employee for personal services rendered by such employee INCLUD-
 ING ANY CONCOMITANT LIQUIDATED DAMAGES, PENALTIES, INTEREST,  ATTORNEY'S
 FEES  OR COSTS.   These shall specifically include but not be limited to
 salaries,  overtime,  vacation,  holiday  and  severance  pay;  employer
 contributions  to or payments of insurance or welfare benefits; employer
 contributions to pension or annuity funds; and any other moneys properly
 due or payable for services rendered by such employee.
   (c) A shareholder who has paid more than [his] THEIR  pro  rata  share
 under  this  section shall be entitled to contribution pro rata from the
 other shareholders liable under this section with respect to the  excess
 so paid, over and above [his] SUCH SHAREHOLDER'S pro rata share, and may
 sue  them  jointly  or  severally  or  any number of them to recover the
 amount due from them.  Such recovery may be had in a separate action. As
 used in this paragraph, "pro rata" means  in  proportion  to  beneficial
 share  interest.  Before a shareholder may claim contribution from other
 shareholders under this paragraph, [he] SUCH SHAREHOLDER shall[,  unless
 S. 8306--B                         56

 they  have  been  given  notice  by a laborer, servant or employee under
 paragraph (a),] give them notice in writing that [he]  SUCH  SHAREHOLDER
 intends  to  hold  them so liable to [him] SUCH SHAREHOLDER. Such notice
 shall  be  given  by [him] SUCH SHAREHOLDER within twenty days after the
 date that [notice was given to him by] THE SHAREHOLDER BECAME AWARE THAT
 a laborer, servant or employee MAY SEEK TO HOLD SUCH SHAREHOLDER  LIABLE
 under paragraph (a).
   §  9.  Subdivision (c) of section 609 of the limited liability company
 law, as amended by chapter 620 of the laws of 2019, is amended  to  read
 as follows:
   (c) Notwithstanding the provisions of subdivisions (a) and (b) of this
 section, the ten members with the largest percentage ownership interest,
 as  determined as of the beginning of the period during which the unpaid
 services referred to in this section are performed,  of  every  domestic
 limited  liability company, or of any foreign limited liability company,
 when the unpaid services were performed in the state, shall jointly  and
 severally  be personally liable for all debts, wages or salaries due and
 owing to any of  its  laborers,  servants  or  employees,  for  services
 performed  by  them  for  such  limited  liability company. [Before such
 laborer, servant or employee shall charge such member for such services,
 he or she shall give notice in writing to such member  that  he  or  she
 intends to hold such member liable under this section. Such notice shall
 be  given  within  one  hundred  eighty  days  after termination of such
 services. An action to enforce such liability shall be commenced  within
 ninety  days  after  the  return of an execution unsatisfied against the
 limited liability company upon a judgment recovered against it for  such
 services.]  A  member who has paid more than [his or her] THEIR pro rata
 share under this section shall be entitled to contribution pro rata from
 the other members liable under this section with respect to  the  excess
 so  paid,  over and above [his or her] SUCH MEMBER'S pro rata share, and
 may sue them jointly or severally or any number of them to  recover  the
 amount due from them.  Such recovery may be had in a separate action. As
 used  in  this subdivision, "pro rata" means in proportion to percentage
 ownership interest. Before a member may claim  contribution  from  other
 members  under  this  section,  [he  or she] SUCH MEMBER shall give them
 notice in writing that [he or she] SUCH MEMBER intends to hold  them  so
 liable to [him or her] SUCH MEMBER.
   §  10. Section 1102 of the limited liability company law is amended by
 adding a new subdivision (e) to read as follows:
   (E) ANY PERSON WHO IS OR SHALL HAVE BEEN A LABORER, SERVANT OR EMPLOY-
 EE OF A LIMITED LIABILITY COMPANY, UPON  AT  LEAST  FIVE  DAYS'  WRITTEN
 DEMAND  SHALL  HAVE THE RIGHT TO EXAMINE IN PERSON OR BY AGENT OR ATTOR-
 NEY, DURING USUAL BUSINESS HOURS, RECORDS DESCRIBED IN PARAGRAPH TWO  OF
 SUBDIVISION  (A)  OF  THIS  SECTION THROUGHOUT THE PERIOD OF TIME DURING
 WHICH SUCH LABORER, SERVANT OR EMPLOYEE PROVIDED SERVICES TO SUCH COMPA-
 NY. A COMPANY REQUESTED TO PROVIDE INFORMATION PURSUANT TO THIS SUBDIVI-
 SION SHALL MAKE AVAILABLE SUCH RECORDS IN WRITTEN FORM AND IN ANY  OTHER
 FORMAT  IN WHICH SUCH INFORMATION IS MAINTAINED BY THE COMPANY AND SHALL
 NOT BE REQUIRED TO PROVIDE SUCH INFORMATION IN ANY OTHER FORMAT.    UPON
 REFUSAL  BY  THE  COMPANY  OR  BY  AN OFFICER OR AGENT OF THE COMPANY TO
 PERMIT AN INSPECTION OF THE RECORDS DESCRIBED IN THIS  SUBDIVISION,  THE
 PERSON  MAKING  THE DEMAND FOR INSPECTION MAY APPLY TO THE SUPREME COURT
 IN THE JUDICIAL DISTRICT WHERE THE OFFICE OF  THE  COMPANY  IS  LOCATED,
 UPON  SUCH  NOTICE  AS  THE COURT MAY DIRECT, FOR AN ORDER DIRECTING THE
 COMPANY, ITS MEMBERS OR MANAGERS TO SHOW CAUSE WHY AN ORDER  SHOULD  NOT
 BE GRANTED PERMITTING SUCH INSPECTION BY THE APPLICANT.  UPON THE RETURN
 S. 8306--B                         57
 
 DAY OF THE ORDER TO SHOW CAUSE, THE COURT SHALL HEAR THE PARTIES SUMMAR-
 ILY,  BY AFFIDAVIT OR OTHERWISE, AND IF IT APPEARS THAT THE APPLICANT IS
 QUALIFIED AND ENTITLED TO SUCH INSPECTION,  THE  COURT  SHALL  GRANT  AN
 ORDER  COMPELLING SUCH INSPECTION AND AWARDING SUCH FURTHER RELIEF AS TO
 THE COURT MAY SEEM JUST AND PROPER. IF THE  APPLICANT  IS  FOUND  TO  BE
 QUALIFIED  AND  ENTITLED  TO  SUCH INSPECTION, THE COMPANY SHALL PAY ALL
 REASONABLE ATTORNEY'S FEES AND COSTS OF SAID APPLICANT  RELATED  TO  THE
 DEMAND FOR INSPECTION OF THE RECORDS.
   § 11. Subdivision 5 of section 218 of the labor law, as added by chap-
 ter 537 of the laws of 2014, is amended to read as follows:
   5.  An employer similar in operation and ownership to a prior employer
 which had been found in violation of article six, nineteen or nineteen-A
 of this chapter, shall be deemed the same employer for the  purposes  of
 this  section AND ARTICLES SIX, NINETEEN, AND NINETEEN-A OF THIS CHAPTER
 if the employees of the new employer are engaged  in  substantially  the
 same  work  in  substantially the same working conditions under substan-
 tially the same supervisors, or if the subsequent employer has  substan-
 tially  the  same  production  process,  produces substantially the same
 products and has substantially the same body of customers.  Such  subse-
 quent  employer  shall continue to be subject to this section and liable
 for the acts of the prior employer under this section.
   § 12. Subdivision 4 of section 219 of the labor law, as added by chap-
 ter 537 of the laws of 2014, is amended to read as follows:
   4. An employer similar in operation and ownership to a prior  employer
 found  to be in violation of article six, nineteen or nineteen-A of this
 chapter, shall be deemed the same employer  for  the  purposes  of  this
 section  AND  ARTICLES  SIX, NINETEEN, NINETEEN-A OF THIS CHAPTER if the
 employees of the subsequent employer are engaged  in  substantially  the
 same  work  in  substantially the same working conditions under substan-
 tially the same supervisors, or if the new entity has substantially  the
 same  production  process,  produces substantially the same products and
 has substantially the same body of customers. Such a subsequent employer
 will continue to be subject to this section and shall be liable for  the
 acts of the prior employer under this section.
   §  13.  The state finance law is amended by adding a new section 99-rr
 to read as follows:
   § 99-RR. NEW YORK STATE WORKER PROTECTION AND  LABOR  LAW  ENFORCEMENT
 FUND.  1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
 COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL  FUND
 TO  BE  KNOWN  AS  THE  NEW  YORK  STATE WORKER PROTECTION AND LABOR LAW
 ENFORCEMENT FUND.
   2. SUCH FUND SHALL CONSIST  OF  ALL  MONETARY  DAMAGES  AND  PENALTIES
 RECOVERED  BY  THE  DEPARTMENT  OF LABOR FOR EMPLOYER VIOLATIONS, UNLESS
 OTHERWISE DESIGNATED, OF ARTICLES TWO, FIVE, SIX, EIGHT, NINE, NINETEEN,
 NINETEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF
 THE LABOR LAW OR WITH ANY REGULATIONS  RELATED  THERETO  AND  ALL  OTHER
 MONEYS  APPROPRIATED  THERETO  FROM ANY OTHER FUND OR SOURCE PURSUANT TO
 LAW; PROVIDED, HOWEVER THAT NO MONIES DUE AND OWING TO ANY  OTHER  PARTY
 SHALL BE DEDICATED TO THE FUND.  NOTHING CONTAINED IN THIS SECTION SHALL
 PREVENT  THE  STATE  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. THE MONIES IN THE FUND, AFTER  APPROPRIATION  BY  THE  LEGISLATURE,
 SHALL  BE AVAILABLE TO THE COMMISSIONER OF LABOR FOR THE SOLE PURPOSE OF
 SUPPLEMENTING THE DEPARTMENT'S LABOR LAW ENFORCEMENT  DUTIES;  PROVIDED,
 HOWEVER,  THAT  SUCH  FUNDING  SHALL  BE APPROPRIATED IN ADDITION TO ANY
 S. 8306--B                         58
 
 OTHER MONIES APPROPRIATED TO THE DEPARTMENT FOR THE STATE FISCAL YEAR IN
 EFFECT ON THE EFFECTIVE DATE OF THIS SECTION.
   4.  ON  OR  BEFORE JANUARY FIRST OF EACH YEAR, THE DEPARTMENT OF LABOR
 SHALL PROVIDE A WRITTEN REPORT DETAILING HOW THE MONIES OF THE FUND WERE
 UTILIZED DURING THE PRECEDING FISCAL YEAR. SUCH REPORT SHALL BE PROVIDED
 TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,
 THE  CHAIR  OF  THE  SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
 WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE  COMMITTEE  ON  LABOR,
 THE  CHAIR  OF  THE ASSEMBLY LABOR COMMITTEE, AND THE STATE COMPTROLLER.
 SUCH REPORT SHALL BE  POSTED  ON  THE  DEPARTMENT'S  WEBSITE  AND  SHALL
 INCLUDE:
   (A)  THE  NUMBER  OF  ENFORCEMENT  PROCEEDINGS  INITIATED FOR EMPLOYER
 VIOLATIONS OF ARTICLES TWO, FIVE,  SIX,  EIGHT,  NINE,  NINETEEN,  NINE-
 TEEN-B, TWENTY-C, TWENTY-FIVE-A, TWENTY-FIVE-B, AND TWENTY-FIVE-C OF THE
 LABOR  LAW  OR  ANY  REGULATIONS RELATED THERETO, THE NAME OF THE ENTITY
 AGAINST WHICH SUCH PROCEEDING WAS INITIATED AND THE AMOUNT COLLECTED FOR
 EACH SUCH PROCEEDING, IF ANY;
   (B) THE AMOUNT OF MONEY AVAILABLE AND DISPERSED FROM THE FUND OVER THE
 PREVIOUS TWELVE MONTHS;
   (C) A DESCRIPTION ON HOW SUCH MONIES WERE USED, INCLUDING  THE  NUMBER
 OF ENFORCEMENT PERSONNEL HIRED OR SUPPORTED BY SUCH MONIES; AND
   (D) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE NEXT FISCAL YEAR.
   §  14. This act shall take effect immediately; provided, however, that
 sections three through twelve of this act shall take effect on the thir-
 tieth day after it shall have become a law; and provided further, howev-
 er, that section thirteen of this act shall take effect April  1,  2024.
 The  procedures and rights created in this act may be used by employees,
 laborers or servants in connection  with  claims  for  liabilities  that
 arose prior to the effective date of this act.
 
                                  PART M
 
   Section 1. Subdivisions 1, 3, 4, 5, 6, 8, 9, 10 and 14 of section 1 of
 chapter  25  of the laws of 2020, relating to providing requirements for
 sick leave and the provision of  certain  employee  benefits  when  such
 employee  is subject to a mandatory or precautionary order of quarantine
 or isolation due to COVID-19, are amended to read as follows:
   1.(a) For employers with ten or fewer  employees  [as  of  January  1,
 2020]  WORKING  IN  A  FACILITY  LICENSED  PURSUANT TO ARTICLE 28 OF THE
 PUBLIC HEALTH LAW, each employee  who  is  subject  to  a  mandatory  or
 precautionary  order  of  quarantine or isolation issued by the state of
 New York, the department of  health,  local  board  of  health,  or  any
 governmental entity duly authorized to issue such order due to COVID-19,
 shall  be  provided  with unpaid sick leave until the termination of any
 mandatory or precautionary order  of  quarantine  or  isolation  due  to
 COVID-19  and  any  other  benefit as provided by any other provision of
 law.   During the period of mandatory  or  precautionary  quarantine  or
 isolation,  an employee shall be eligible for paid family leave benefits
 and benefits due pursuant to  disability  pursuant  to  this  act.    An
 employer  with ten or fewer employees [as of January 1, 2020] WORKING IN
 A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW, and
 that has a net income of greater than one million dollars in the  previ-
 ous  tax  year,  shall provide each employee who is subject to a precau-
 tionary or mandatory order of quarantine  or  isolation  issued  by  the
 state  of  New York, the department of health, local board of health, or
 S. 8306--B                         59
 
 any governmental entity duly authorized  to  issue  such  order  due  to
 COVID-19,  at  least five days of paid sick leave and unpaid leave until
 the termination of any mandatory or precautionary order of quarantine or
 isolation.    After such five days of paid sick leave, an employee shall
 be eligible for paid family leave benefits and benefits due pursuant  to
 disability pursuant to this act.
   (b) For employers with between eleven and ninety-nine employees [as of
 January  1,  2020] WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28
 OF THE PUBLIC HEALTH LAW, each employee who is subject to a mandatory or
 precautionary order of quarantine or isolation issued by  the  state  of
 New  York,  the  department  of  health,  local  board of health, or any
 governmental entity duly authorized to issue such order due to COVID-19,
 shall be provided with at least five days of paid sick leave and  unpaid
 leave  until  the termination of any mandatory or precautionary order of
 quarantine or isolation. After such five days of  paid  sick  leave,  an
 employee  shall  be eligible for paid family leave benefits and benefits
 due pursuant to disability pursuant to this act.
   (c) For employers with one hundred or more employees [as of January 1,
 2020] WORKING IN A FACILITY LICENSED  PURSUANT  TO  ARTICLE  28  OF  THE
 PUBLIC  HEALTH  LAW,  each  employee  who  is  subject to a mandatory or
 precautionary order of quarantine or isolation issued by  the  state  of
 New  York,  the  department  of  health,  local  board of health, or any
 governmental entity duly authorized to issue such order due to COVID-19,
 shall be provided with at least fourteen days of paid sick leave  during
 any mandatory or precautionary order of quarantine or isolation.
   (d) For public employers, each officer or employee WORKING IN A FACIL-
 ITY  LICENSED  PURSUANT  TO  ARTICLE  28 OF THE PUBLIC HEALTH LAW who is
 subject to a mandatory or precautionary order of quarantine or isolation
 issued by the state of New York, the department of health,  local  board
 of  health,  or  any  governmental  entity duly authorized to issue such
 order due to COVID-19 shall be provided with at least fourteen  days  of
 paid  sick  leave during any mandatory or precautionary order of quaran-
 tine or isolation.  Each officer or employee shall be compensated at his
 or her regular rate of pay for those regular work hours during which the
 officer or employee is absent from work due to a  mandatory  or  precau-
 tionary  order  of quarantine or isolation due to COVID-19. For purposes
 of this act, "public employer" shall  mean  [the  following:  (i)    the
 state;  (ii)  a  county, city, town or village; (iii) a school district,
 board  of  cooperative  educational services,   vocational education and
 extension board or a school district  as  enumerated  in  section  1  of
 chapter    566    of the laws of 1967, as amended; (iv) any governmental
 entity operating a college or university; (v) a public  improvement   or
 special   district  including police  or  fire  districts; (vi) a public
 authority, commission or public benefit corporation; or (vii) any  other
 public  corporation, agency, instrumentality or unit of government which
 exercises governmental power under the  laws  of  this state] ANY PUBLIC
 FACILITY OR ENTITY LICENSED UNDER ARTICLE 28 OF THE PUBLIC HEALTH LAW.
   (e) Such leave shall be provided without loss of an officer or employ-
 ee's accrued sick leave.
   3. Upon return to work following leave taken pursuant to this act,  an
 employee  WORKING  IN  A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE
 PUBLIC HEALTH LAW shall be restored by his or her employer to the  posi-
 tion  of employment held by the employee prior to any leave taken pursu-
 ant to this act with the same pay and  other  terms  and  conditions  of
 employment.  No employer or his or her agent, or the officer or agent of
 any corporation, partnership, or limited liability company, or any other
 S. 8306--B                         60
 
 person, shall discharge, threaten, penalize,  or  in  any  other  manner
 discriminate or retaliate against any employee because such employee has
 taken leave pursuant to this act.
   4.  An  employee WORKING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28
 OF THE PUBLIC HEALTH LAW shall not receive paid sick leave  benefits  or
 any  other  paid  benefits provided by any provisions of this section if
 the employee is subject to a mandatory or precautionary order of quaran-
 tine because the employee has returned to the United States after  trav-
 eling  to  a  country  for  which  the  Centers  for Disease Control and
 Prevention has a level two or three travel health notice and the  travel
 to that country was not taken as part of the employee's employment or at
 the  direction  of  the  employee's  employer,  and  if the employee was
 provided notice of the travel health notice and the limitations of  this
 subdivision  prior  to such travel.   Such employee shall be eligible to
 use accrued leave provided by the employer, or to the extent  that  such
 employee does not have accrued leave or sufficient accrued leave, unpaid
 sick  leave  shall  be  provided  for  the  duration of the mandatory or
 precautionary quarantine or isolation.
   5. The commissioner of labor  shall  have  authority  to  adopt  regu-
 lations, including emergency regulations, and issue guidance to effectu-
 ate  any of the provisions of this act. Employers GOVERNED UNDER ARTICLE
 28 OF THE PUBLIC HEALTH LAW shall comply with regulations promulgated by
 the commissioner of labor for this purpose which may include, but is not
 limited to, standards for the use, payment, and employee eligibility  of
 sick leave pursuant to this act.
   6.  Notwithstanding  any  other  provision of law, and for purposes of
 this act only, for purposes of article 9 of  the  workers'  compensation
 law,  "disability" shall mean: any inability of an employee WORKING IN A
 FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE  PUBLIC  HEALTH  LAW  to
 perform the regular duties of his or her employment or the duties of any
 other  employment  which  his  or her employer may offer him or her as a
 result of a mandatory or precautionary order of quarantine or  isolation
 issued  by the state, the department of health, a local board of health,
 or any government entity duly authorized to  issue  such  order  due  to
 COVID-19  and  when  the  employee  has  exhausted  all  paid sick leave
 provided by the employee's employer under this act.
   8. Notwithstanding any other provision of law,  and  for  purposes  of
 this  act  only,  for purposes of article 9 of the workers' compensation
 law, "family leave" shall mean: (a) any leave taken by an employee WORK-
 ING IN A FACILITY LICENSED PURSUANT TO ARTICLE 28 OF THE  PUBLIC  HEALTH
 LAW  from work when an employee is subject to a mandatory or precaution-
 ary order of quarantine or isolation issued by the state, the department
 of health, a local board  of  health,  or  any  government  entity  duly
 authorized  to  issue such order due to COVID-19; or (b) to provide care
 for a minor dependent child of the employee who is subject to a mandato-
 ry or precautionary order of  quarantine  or  isolation  issued  by  the
 state, the department of health, a local board of health, or any govern-
 ment entity duly authorized to issue such order due to COVID-19.
   9.  Notwithstanding  any  other  provision of law, and for purposes of
 this act only, for purposes of article 9 of  the  workers'  compensation
 law,  disability  and  family leave benefits pursuant to this act may be
 payable concurrently to an  eligible  employee  WORKING  IN  A  FACILITY
 LICENSED  PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW upon the first
 full day of an unpaid period of  mandatory  or  precautionary  order  of
 quarantine  or isolation issued by the state of New York, the department
 of health, a local board  of  health,  or  any  government  entity  duly
 S. 8306--B                         61
 
 authorized  to  issue  such  order due to COVID-19, provided however, an
 employee may not collect any benefits that would exceed $840.70 in  paid
 family  leave  and  $2,043.92 in benefits due pursuant to disability per
 week.
   10.  Notwithstanding  any  other provision of law, and for purposes of
 this act only, for purposes of article 9 of  the  workers'  compensation
 law, the maximum weekly benefit which the employee WORKING IN A FACILITY
 LICENSED  PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW is entitled to
 receive for benefits due pursuant to disability pursuant to  subdivision
 six  of  this  section  only shall be the difference between the maximum
 weekly family leave benefit and such  employee's  total  average  weekly
 wage  from each covered employer up to a maximum benefit due pursuant to
 disability of $2,043.92 per week.
   14. Nothing in this section  shall  be  deemed  to  impede,  infringe,
 diminish  or impair the rights of a public employee or employer LICENSED
 PURSUANT TO ARTICLE 28 OF THE PUBLIC HEALTH LAW  under  any  law,  rule,
 regulation or collectively negotiated agreement, or the rights and bene-
 fits which accrue to employees through collective bargaining agreements,
 or  otherwise diminish the integrity of the existing collective bargain-
 ing relationship, or to prohibit any personnel  action  which  otherwise
 would  have  been taken regardless of any request to use, or utilization
 of, any leave provided by this act.
   § 2. This act shall take effect July 31, 2024.
 
                                  PART N
 
   Section 1. Notwithstanding any other provision  of  law,  the  housing
 trust  fund  corporation  may  provide, for purposes of the neighborhood
 preservation program, a sum not to exceed  $17,750,000  for  the  fiscal
 year ending March 31, 2025.  Notwithstanding any other provision of law,
 and  subject to the approval of the New York state director of the budg-
 et, the board of directors of the state  of  New  York  mortgage  agency
 shall  authorize the transfer to the housing trust fund corporation, for
 the purposes of reimbursing any costs associated with neighborhood pres-
 ervation program contracts authorized by this section, a total  sum  not
 to  exceed  $17,750,000,  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  insurance
 fund,  as  determined  and  certified  by the state of New York mortgage
 agency for the fiscal year 2023-2024 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are  sufficient  to attain and maintain the credit rating (as determined
 by the state of New York mortgage agency)  required  to  accomplish  the
 purposes  of  such  account,  the  project pool insurance account of the
 mortgage insurance fund, such transfer to be made as soon as practicable
 but no later than June 30, 2024.
   § 2. Notwithstanding any other provision of  law,  the  housing  trust
 fund  corporation  may  provide,  for purposes of the rural preservation
 program, a sum not to exceed $7,750,000 for the fiscal year ending March
 31, 2025. Notwithstanding any other provision of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 S. 8306--B                         62
 
 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 insurance fund, as determined and
 certified by the state of New York mortgage agency for the  fiscal  year
 2023-2024  in  accordance  with section 2429-b of the public authorities
 law, if any, and/or (ii) provided that the reserves in the project  pool
 insurance  account  of  the  mortgage insurance fund created pursuant to
 section 2429-b of the public authorities law are  sufficient  to  attain
 and  maintain  the credit rating (as determined by the state of New York
 mortgage agency) required to accomplish the purposes  of  such  account,
 the  project pool insurance account of the mortgage insurance fund, such
 transfer to be made as soon as practicable but no later  than  June  30,
 2024.
   §  3.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes of the rural  rental  assist-
 ance  program  pursuant  to  article 17-A of the private housing finance
 law, a sum not to exceed $23,180,000 for the fiscal  year  ending  March
 31,  2025.    Notwithstanding any other provision of law, and subject to
 the approval of the New York state director of the budget, the board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any  costs  associated with rural rental assistance program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $23,180,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2023-2024  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating, as determined by the state of
 New York mortgage agency, required to accomplish the  purposes  of  such
 account,  the  project  pool insurance account of the mortgage insurance
 fund, such transfer shall be made as soon as practicable  but  no  later
 than June 30, 2024.
   §  4. Notwithstanding any other provision of law, the homeless housing
 and assistance corporation may provide, for purposes  of  the  New  York
 state  supportive  housing  program,  the  solutions to end homelessness
 program or the operational support for AIDS housing program, or to qual-
 ified grantees under such programs, in accordance with the  requirements
 of  such  programs,  a sum not to exceed $85,581,000 for the fiscal year
 ending March 31, 2025. The homeless housing and  assistance  corporation
 may  enter into an agreement with the office of temporary and disability
 assistance to administer such sum in accordance with the requirements of
 such programs. Notwithstanding any other provision of law,  and  subject
 to  the approval of the New York state director of the budget, the board
 of directors of the state of New York mortgage  agency  shall  authorize
 the transfer to the homeless housing and assistance corporation, a total
 sum  not  to  exceed  $85,581,000, such transfer to be made from (i) the
 special account of the  mortgage  insurance  fund  created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 S. 8306--B                         63
 
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2023-2024 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 are sufficient to attain and maintain the credit rating as determined by
 the  state  of  New  York  mortgage  agency,  required to accomplish the
 purposes of such account, the project  pool  insurance  account  of  the
 mortgage  insurance fund, such transfer shall be made as soon as practi-
 cable but no later than March 31, 2025.
   § 5. This act shall take effect immediately.
 
                                  PART O
 
   Section 1. Subdivision 3 of section 30.10 of  the  criminal  procedure
 law is amended by adding a new paragraph (h) to read as follows:
   (H)  A  PROSECUTION  FOR  ANY  FELONY RELATED TO A DEED THEFT OR WHERE
 THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL  PROPERTY
 MUST  BE  COMMENCED WITHIN FIVE YEARS AFTER THE COMMISSION OF THE CRIME,
 OR WITHIN TWO YEARS  AFTER  THE  FACTS  CONSTITUTING  SUCH  OFFENSE  ARE
 DISCOVERED BY THE AGGRIEVED PARTY, WHICHEVER OCCURS LATER.
   §  2.  Section  155.00  of  the penal law is amended by adding six new
 subdivisions 11, 12, 13, 14, 15 and 16 to read as follows:
   11. "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD  THEREOF  SHALL
 HAVE  THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00
 OF THIS PART.
   12. "COMMERCIAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL MEAN  A
 NONRESIDENTIAL  PROPERTY  USED  FOR  THE  BUYING,  SELLING  OR OTHERWISE
 PROVIDING OF GOODS OR SERVICES INCLUDING HOTEL SERVICES,  OR  FOR  OTHER
 LAWFUL BUSINESS, COMMERCIAL OR MANUFACTURING ACTIVITIES.
   13.  "MIXED-USE  PROPERTY"  SHALL  HAVE THE SAME MEANING AS DEFINED IN
 SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA  OF  THE
 REAL PROPERTY TAX LAW.
   14.  "INCOMPETENT"  SHALL  HAVE THE SAME MEANING AS DEFINED IN SECTION
 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
   15. "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF  MENTAL
 DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
 HYGIENE  LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP-
 ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER  HARM  BECAUSE  SUCH
 PERSON  IS  UNABLE  TO  UNDERSTAND  AND APPRECIATE THE NATURE AND CONSE-
 QUENCES OF NOT BEING ABLE TO CARE FOR  THEIR  PROPERTY  AND/OR  PERSONAL
 NEEDS.
   16. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
   §  3. Subparagraph (ix) of paragraph (e) and paragraph (f) of subdivi-
 sion 2 of section 155.05 of the penal law, paragraph  (f)  as  added  by
 chapter  353 of the laws of 2023, are amended and a new paragraph (g) is
 added to read as follows:
   (ix) Perform any other act which would not in itself materially  bene-
 fit  the actor but which is calculated to harm another person materially
 with respect to his OR HER health, safety,  business,  calling,  career,
 financial condition, reputation or personal relationships[.]; OR
   (f) By wage theft.
   A  person obtains property by wage theft when he or she hires a person
 to perform services and the person performs such services and the person
 does not pay wages, at the minimum wage rate and overtime,  or  promised
 S. 8306--B                         64

 wage, if greater than the minimum wage rate and overtime, to said person
 for work performed. In a prosecution for wage theft, for the purposes of
 venue,  it  is permissible to aggregate all nonpayments or underpayments
 to  one  person  from  one  person,  into one larceny count, even if the
 nonpayments or underpayments occurred in multiple counties. It  is  also
 permissible  to  aggregate nonpayments or underpayments from a workforce
 into one  larceny  count  even  if  such  nonpayments  or  underpayments
 occurred in multiple counties[.]; OR
   (G) BY DEED THEFT.
   A PERSON COMMITS DEED THEFT WHEN HE OR SHE:
   (I)  INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS A PROP-
 ERTY DOCUMENT SUCH AS A RESIDENTIAL OR COMMERCIAL DEED  OR  TITLE,  WITH
 THE  INTENT  TO  DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE
 OWNERSHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
   (II) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER  OR
 AUTHORIZED  REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO
 INDUCE OTHERS TO RELY ON SUCH  FALSE  INFORMATION  IN  ORDER  TO  OBTAIN
 OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
   (III)  WITH  INTENT  TO  DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS
 TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY,  OR  ANY
 OTHER FRAUDULENT OR DECEPTIVE PRACTICE.
   § 4. Section 155.35 of the penal law, as amended by chapter 464 of the
 laws of 2010, is amended to read as follows:
 § 155.35 Grand larceny in the third degree.
   A person is guilty of grand larceny in the third degree when he or she
 steals property and:
   1. when the value of the property exceeds three thousand dollars, or
   2.  the  property is an automated teller machine or the contents of an
 automated teller machine[.], OR
   3. WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL  PROPER-
 TY, REGARDLESS OF THE VALUE.
   Grand larceny in the third degree is a class D felony.
   § 5. Section 155.40 of the penal law, as amended by chapter 515 of the
 laws of 1986, is amended to read as follows:
 § 155.40 Grand larceny in the second degree.
   A  person  is  guilty of grand larceny in the second degree when he OR
 SHE steals property and when:
   1. The value of the property exceeds fifty thousand dollars; or
   2. The property, regardless of its nature and value,  is  obtained  by
 extortion committed by instilling in the victim a fear that the actor or
 another  person  will  (a)  cause  physical injury to some person in the
 future, or (b) cause damage to property, or (c) use or abuse his OR  HER
 position as a public servant by engaging in conduct within or related to
 his  OR  HER  official  duties,  or by failing or refusing to perform an
 official duty, in such manner as to affect some person adversely[.]; OR
   3. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE  VALUE,  OF:  (A)
 ONE  RESIDENTIAL REAL PROPERTY; OR (B) ONE COMMERCIAL MIXED-USE PROPERTY
 WITH AT LEAST ONE RESIDENTIAL UNIT; OR (C) TWO OR MORE COMMERCIAL  PROP-
 ERTIES.
   Grand larceny in the second degree is a class C felony.
   §  6.  Section 155.42 of the penal law, as added by chapter 515 of the
 laws of 1986, is amended to read as follows:
 § 155.42 Grand larceny in the first degree.
   A person is guilty of grand larceny in the first degree when:
   1. he OR SHE steals property  and  when  the  value  of  the  property
 exceeds one million dollars[.]; OR
 S. 8306--B                         65
 
   2.  SUCH  PERSON  COMMITS  DEED THEFT, REGARDLESS OF THE VALUE, OF (A)
 RESIDENTIAL REAL PROPERTY THAT IS OCCUPIED AS A HOME  BY  AT  LEAST  ONE
 PERSON;  OR  (B)  RESIDENTIAL REAL PROPERTY THAT INVOLVES A HOME THAT IS
 OWNED BY AN ELDERLY PERSON, AN INCOMPETENT, AN INCAPACITATED PERSON,  OR
 PHYSICALLY  DISABLED PERSON; OR (C) THREE OR MORE RESIDENTIAL REAL PROP-
 ERTIES.
   Grand larceny in the first degree is a class B felony.
   § 7. Subdivision 3 of section 187.00 of the penal law, as  amended  by
 chapter 507 of the laws of 2009, is amended to read as follows:
   3.  "Residential  real  property"  means real property THAT IS USED OR
 OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY,  AS  THE
 HOME  OR  RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
 IS improved by a one-to-four family dwelling, or a residential unit in a
 building including units owned  as  condominiums  or  on  a  cooperative
 basis,  used  or occupied, or intended to be used or occupied, wholly or
 partly, as the home or residence of one or more persons, but  shall  not
 refer  to  unimproved  real property upon which such dwellings are to be
 constructed.
   § 8. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR
 ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF
 THE LAWS OF THIS STATE APPLICABLE TO ANY CRIME THAT  AFFECTS  THE  TITLE
 TO,  ENCUMBRANCE  OF,  OR THE POSSESSION OF REAL PROPERTY, INCLUDING BUT
 NOT LIMITED TO DEED THEFT, LARCENY, CRIMINAL POSSESSION OF STOLEN  PROP-
 ERTY,  OFFERING  A  FALSE  INSTRUMENT  FOR  FILING,  FALSIFYING BUSINESS
 RECORDS, RESIDENTIAL MORTGAGE FRAUD, OR SCHEME TO DEFRAUD.  IN ALL  SUCH
 PROCEEDINGS,  THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER
 DEPUTY BEFORE ANY COURT OF RECORD OR ANY GRAND JURY AND EXERCISE ALL THE
 POWERS AND PERFORM  ALL  THE  DUTIES  IN  RESPECT  OF  SUCH  ACTIONS  OR
 PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
 REQUIRED TO EXERCISE OR PERFORM.
   §  9.  Section 993 of the real property actions and proceedings law is
 amended by adding a new subdivision 12 to read as follows:
   12. PROHIBITION ON INITIATION OF  A  PARTITION  ACTION.  NO  PARTITION
 ACTION  RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT WHO
 DID NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A  CO-TENANT
 WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES
 OF THE HEIRS PROPERTY FROM A RELATIVE.
   §  10. Section 993 of the real property actions and proceedings law is
 amended by adding a new subdivision 13 to read as follows:
   13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA  FIDE
 OFFER  FROM  A  NON-CO-TENANT  TO PURCHASE A SHARE OR SHARES OF AN HEIRS
 PROPERTY AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A  COUNTER-
 OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER-
 TY,  OR  THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS WHO INHER-
 ITED THEIR SHARE OR SHARES OF THE  PROPERTY  SHALL  HAVE  THE  RIGHT  TO
 PURCHASE  SUCH  SHARES FOR THE IDENTICAL PRICE, TERMS, AND CONDITIONS OF
 THE OFFER OR COUNTEROFFER.
   (B) IT SHALL BE THE DUTY OF THE NON-CO-TENANT  WHO  MADE  THE  INITIAL
 OFFER  FOR  THE SHARE OR SHARES OF THE PROPERTY AS WELL AS THE CO-TENANT
 WHO RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL  OF
 THE  OTHER  CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS OF THE
 PENDING OFFER. NOTICE SHALL BE MADE IN THE SAME MANNER AS SET  FORTH  IN
 SECTION  THREE  HUNDRED  EIGHT  OF THE CIVIL PRACTICE LAW AND RULES. THE
 S. 8306--B                         66
 
 OTHER CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE  NOTIFIED
 OF THE OFFER TO MATCH SUCH OFFER.
   (C)  IN  THE  EVENT  THAT THE OTHER CO-TENANTS ARE NOT NOTIFIED OF THE
 OFFER AND THE SALE IS COMPLETED, AND THE OFFEROR DID  NOT  EXERCISE  THE
 REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP-
 ERTY,  THE  OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE THE SHARES
 FROM THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH  NON-RELATIVE
 CO-TENANT,  PLUS  ANY  APPLICABLE  INTEREST AT A RATE OF TWO PERCENT PER
 ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO
 THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE.
   § 11. The real property law is amended by adding a new section 424  to
 read as follows:
   §  424.    TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR THE PURPOSES OF
 THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BENEFICIARY" MEANS A PERSON WHO RECEIVES PROPERTY IN  A  TRANSFER
 ON DEATH DEED.
   (B)  "DESIGNATED  BENEFICIARY"  MEANS  A  PERSON DESIGNATED TO RECEIVE
 PROPERTY IN A TRANSFER ON DEATH DEED.
   (C)  "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY  CONCURRENTLY
 WITH  ONE  OR  MORE OTHER INDIVIDUALS WITH A RIGHT OF SURVIVORSHIP.  THE
 TERM INCLUDES A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH  A  RIGHT
 OF  SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE A
 TENANT IN COMMON OR OWNER OF  COMMUNITY  PROPERTY  WITHOUT  A  RIGHT  OF
 SURVIVORSHIP.
   (D)  "PERSON"  INCLUDES  A  NATURAL PERSON, AN ASSOCIATION, BOARD, ANY
 CORPORATION, WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT,  GOVERNMENTAL
 AGENCY,  AUTHORITY  OR  SUBDIVISION,  PARTNERSHIP  OR OTHER FIRM AND THE
 STATE.
   (E) "PROPERTY" MEANS AN INTEREST IN  REAL  PROPERTY  LOCATED  IN  THIS
 STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER.
   (F)  "TRANSFER  ON  DEATH  DEED"  MEANS  A  DEED AUTHORIZED UNDER THIS
 SECTION.
   (G) "TRANSFEROR" MEANS AN INDIVIDUAL WHO MAKES  A  TRANSFER  ON  DEATH
 DEED.
   2.  NONEXCLUSIVITY.  THIS SECTION DOES NOT AFFECT ANY METHOD OF TRANS-
 FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE.
   3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP-
 ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY
 A TRANSFER ON DEATH DEED.
   4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO-
 CABLE EVEN IF  THE  DEED  OR  ANOTHER  INSTRUMENT  CONTAINS  A  CONTRARY
 PROVISION.
   5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS
 NONTESTAMENTARY.
   6.  CAPACITY  OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR REVOKE A
 TRANSFER ON DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED  TO  MAKE  A
 WILL.
   7. REQUIREMENTS. A TRANSFER ON DEATH DEED:
   (A)  EXCEPT  AS  OTHERWISE PROVIDED IN THIS SUBDIVISION, SHALL CONTAIN
 THE ESSENTIAL ELEMENTS AND FORMALITIES OF A  PROPERLY  RECORDABLE  INTER
 VIVOS DEED;
   (B)  SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS TO
 OCCUR AT THE TRANSFEROR'S DEATH;
   (C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME
 AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED;
   (D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND
 S. 8306--B                         67
 
   (E) SHALL BE RECORDED BEFORE THE  TRANSFEROR'S  DEATH  IN  THE  PUBLIC
 RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS
 LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED.
   8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED.  A TRANS-
 FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT:
   (A)  NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY
 DURING THE TRANSFEROR'S LIFE; OR
   (B) CONSIDERATION.
   9.  REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT PERMIT-
 TED.
   (A)  SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL
 BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF
 IT, ONLY IF THE INSTRUMENT:
   (1) IS ONE OF THE FOLLOWING:
   (A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED
 EXPRESSLY OR BY INCONSISTENCY;
   (B)  AN INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES  THE  DEED  OR
 PART OF THE DEED; OR
   (C)  AN  INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER ON DEATH
 DEED OR PART OF THE DEED; AND
   (2)  IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE
 DEED BEING REVOKED AND RECORDED BEFORE THE  TRANSFEROR'S  DEATH  IN  THE
 PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED
 IS RECORDED.
   (B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR:
   (1)    REVOCATION  BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE
 INTEREST OF ANOTHER TRANSFEROR; AND
   (2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS  REVOKED  BY
 ALL OF THE LIVING JOINT OWNERS.
   (C)    AFTER  A  TRANSFER  ON  DEATH DEED IS RECORDED, IT SHALL NOT BE
 REVOKED BY A REVOCATORY ACT ON THE DEED.
   (D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER
 OF THE PROPERTY.
   10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE.  DURING
 A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT:
   (A)  AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER,
 INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY;
   (B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER-
 EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED;
   (C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR  OR
 FUTURE  CREDITOR  OF  THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR
 CONSTRUCTIVE NOTICE OF THE DEED;
   (D) AFFECT THE TRANSFEROR'S OR  DESIGNATED  BENEFICIARY'S  ELIGIBILITY
 FOR ANY FORM OF PUBLIC ASSISTANCE;
   (E)  CREATE  A  LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED
 BENEFICIARY; OR
   (F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF  A  CREDITOR  OF  THE
 DESIGNATED BENEFICIARY.
   11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT
 AS  OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR
 IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS,  ON  THE
 DEATH  OF  THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS
 THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE  TRANSFEROR  AT
 DEATH:
 S. 8306--B                         68
 
   (1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE
 PROPERTY  SHALL  BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD-
 ANCE WITH THE DEED.
   (2)  THE  INTEREST  OF  A  DESIGNATED BENEFICIARY IS CONTINGENT ON THE
 DESIGNATED BENEFICIARY SURVIVING  THE  TRANSFEROR.  THE  INTEREST  OF  A
 DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES.
   (3)  SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER-
 ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN  EQUAL  AND  UNDIVIDED
 SHARES WITH NO RIGHT OF SURVIVORSHIP.
   (4)  IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI-
 ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF  ONE
 WHICH  LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER,
 OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE  REMAINING
 PART OF THE PROPERTY HELD CONCURRENTLY.
   (B)  SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT
 TO ALL CONVEYANCES,  ENCUMBRANCES,  ASSIGNMENTS,  CONTRACTS,  MORTGAGES,
 LIENS,  AND  OTHER  INTERESTS  TO  WHICH  THE PROPERTY IS SUBJECT AT THE
 TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE
 RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED
 AT THE TRANSFEROR'S DEATH.
   (C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY  ONE  OR  MORE
 OTHER  JOINT  OWNERS,  THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON
 DEATH DEED SHALL BELONG TO THE SURVIVING  JOINT  OWNER  OR  OWNERS  WITH
 RIGHT OF SURVIVORSHIP.
   (D)  IF  A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT
 OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE.
   (E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY  WITHOUT  COVENANT  OR
 WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION.
   12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH-
 ING  IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD,
 UNDUE INFLUENCE, DURESS, MISTAKE,  OR  OTHER  INVALIDATING  CAUSE  TO  A
 TRANSFER OF PROPERTY.
   (B)  DIVORCE,  ANNULMENT  OR DECLARATION OF NULLITY, OR DISSOLUTION OF
 MARRIAGE, SHALL HAVE THE SAME EFFECT ON A  TRANSFER  ON  DEATH  DEED  AS
 OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW.
   13.  RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE-
 FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED
 IN A WILL.
   14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE
 EXTENT THE TRANSFEROR'S PROBATE ESTATE IS  INSUFFICIENT  TO  SATISFY  AN
 ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING
 SPOUSE  OR  CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY
 TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED.
   (B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR  MORE  TRANSFER
 ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS
 APPORTIONED  AMONG  THE  PROPERTIES IN PROPORTION TO THEIR NET VALUES AT
 THE TRANSFEROR'S DEATH.
   (C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION  MUST  BE
 COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH.
   15.  FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO
 CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS  SECTION
 SHALL  GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE
 A TRANSFER ON DEATH DEED:
 
 (FRONT OF FORM)
 S. 8306--B                         69
 
 REVOCABLE TRANSFER ON DEATH DEED
 
 NOTICE TO OWNER
 YOU  SHOULD  CAREFULLY  READ  ALL  INFORMATION ON THE OTHER SIDE OF THIS
 FORM.  YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
 THIS FORM MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT  BE  EFFEC-
 TIVE.
 
 IDENTIFYING INFORMATION
 OWNER OR OWNERS MAKING THIS DEED:
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS
 
 LEGAL DESCRIPTION OF THE PROPERTY:
 
 
 ____________________________________________________
 
 PRIMARY BENEFICIARY
 I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 ALTERNATE BENEFICIARY - OPTIONAL
 IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING
 ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME.
 
 
 ____________________________________________________
 PRINTED NAME              MAILING ADDRESS, IF AVAILABLE
 
 TRANSFER ON DEATH
 AT  MY  DEATH,  I  TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE
 BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT  TO
 REVOKE THIS DEED.
 S. 8306--B                         70
 
 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 SIGNATURE OF WITNESSES
 

 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 
 NOTARY ACKNOWLEDGMENT
 (INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE)
 
 (BACK OF FORM)
 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
 WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO?
 
 WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY
 LIENS  OR  MORTGAGES  (OR  OTHER  ENCUMBRANCES)  ON THE PROPERTY AT YOUR
 DEATH.  PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO  EFFECT  UNTIL  YOU
 DIE.  YOU  CAN  REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE
 PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU  DO  NOT  OWN  ANY
 INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT.
 
 HOW DO I MAKE A TOD DEED?
 
 COMPLETE  THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
 THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS  LOCATED.  THE
 FORM  HAS  NO  EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR
 DEATH.
 
 IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY?
 S. 8306--B                         71
 
 YES.
 
 HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
 
 THIS  INFORMATION  MAY  BE  ON  THE DEED YOU RECEIVED WHEN YOU BECAME AN
 OWNER OF THE PROPERTY. THIS INFORMATION MAY ALSO  BE  AVAILABLE  IN  THE
 COUNTY  CLERK'S  OFFICE  OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
 YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
 
 CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED?
 
 YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND,
 SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED.
 
 HOW DO I "RECORD" THE TOD DEED?
 
 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
 THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS  GIVEN
 BY  THE  COUNTY  CLERK  TO  MAKE  THE FORM PART OF THE OFFICIAL PROPERTY
 RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU  SHOULD  RECORD
 THE DEED IN EACH COUNTY.

 CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND?
 
 YES.  YOU  CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFICIARIES,
 CAN PREVENT YOU FROM REVOKING THE DEED.
 
 HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED?
 
 THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED:
 
 (1) COMPLETE AND ACKNOWLEDGE A REVOCATION FORM AND  RECORD  IT  IN  EACH
 COUNTY WHERE THE PROPERTY IS LOCATED.
 
 (2)  COMPLETE  AND  ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME
 PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED.
 
 (3) TRANSFER THE PROPERTY TO SOMEONE ELSE  DURING  YOUR  LIFETIME  BY  A
 RECORDED  DEED  THAT  EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE
 THE TOD DEED BY WILL.

 I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
 
 DO NOT COMPLETE THIS FORM UNDER PRESSURE.   SEEK  HELP  FROM  A  TRUSTED
 FAMILY MEMBER, FRIEND, OR LAWYER.
 
 DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED?
 
 NO,  BUT  IT  IS  RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND
 MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD.
 
 I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
 
 THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS.  IF  YOU  HAVE
 OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.
 S. 8306--B                         72
 
   16.    FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN
 INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER  SUBDIVISIONS  OF
 THIS  SECTION  SHALL  GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT
 USED TO REVOKE A TRANSFER ON DEATH DEED.
 
 (FRONT OF FORM)
 REVOCATION OF TRANSFER ON DEATH DEED
 
 NOTICE TO OWNER
 THIS  REVOCATION  MUST  BE  RECORDED  BEFORE  YOU DIE, OR IT WILL NOT BE
 EFFECTIVE.  THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE
 PROPERTY OF OWNERS WHO SIGN THIS REVOCATION.
 
 IDENTIFYING INFORMATION
 OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION:
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 
 
 ____________________________________________________
 PRINTED NAME                MAILING ADDRESS
 
 LEGAL DESCRIPTION OF THE PROPERTY:
 
 
 ____________________________________________________
 
 REVOCATION
 I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH
 DEED.
 
 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 
 ____________________________________________________
 SIGNATURE            DATE
 
 SIGNATURE OF WITNESSES
 S. 8306--B                         73
 
 ____________________________________________________
 SIGNATURE            DATE
 

 ____________________________________________________
 SIGNATURE            DATE
 
 NOTARY ACKNOWLEDGMENT
 (INSERT NOTARY ACKNOWLEDGMENT HERE)
 
 (BACK OF FORM)
 
 COMMON QUESTIONS ABOUT THE USE OF THIS FORM
 
 HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED?
 
 COMPLETE  THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
 THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN-
 TY WHERE THE PROPERTY IS LOCATED. THE  FORM  MUST  BE  ACKNOWLEDGED  AND
 RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT.
 
 HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
 
 THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE
 COUNTY  CLERK'S  OFFICE  OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
 YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
 
 HOW DO I "RECORD" THE FORM?
 
 TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
 THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS  GIVEN
 BY  THE  COUNTY  CLERK  TO  MAKE  THE FORM PART OF THE OFFICIAL PROPERTY
 RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU  SHOULD
 RECORD THE FORM IN EACH OF THOSE COUNTIES.
 
 I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
 
 DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI-
 LY MEMBER, FRIEND, OR LAWYER.
 
 I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
 THIS  FORM  IS  DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
 OTHER QUESTIONS, CONSULT A LAWYER.
   § 12. This act shall take effect on thirtieth day after it shall  have
 become  a  law;  provided, however, that sections nine through eleven of
 this act shall take effect on the the ninetieth day after it shall  have
 become  a  law; provided, further, that section 424 of the real property
 law, as added by section eleven of this act, shall apply to any transfer
 on death deed made before, on, or after the effective date of  this  act
 by a transferor dying on or after the effective date of this act.
 
                                  PART P
 S. 8306--B                         74
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to the conveyance and use of real property owned and  maintained  by
 the  state  university  of New York and the New York state department of
 transportation. Each component is  wholly  contained  within  a  Subpart
 identified  as Subparts A through C. The effective date for each partic-
 ular provision contained within such Subpart is set forth  in  the  last
 section of such Subpart. Any provision in any section contained within a
 Subpart, including the effective date of the Subpart, which makes refer-
 ence  to  a  section  "of  this  act", when used in connection with that
 particular component, shall be deemed to mean and refer  to  the  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this Part sets forth the general effective date of this Part.
 
                                 SUBPART A

   Section 1. Legislative findings. The legislature finds that the  state
 university  of  New  York  at  Farmingdale  ("Farmingdale") seeks to use
 approximately 8.7 acres of vacant land on Farmingdale's campus to  build
 multi-purpose   facilities  to  support  affordable  housing  needs  and
 supporting amenities, fulfilling a necessary and vital  public  purpose.
 The  legislature  further  finds that granting the trustees of the State
 University of New York ("Trustees") the authority and power to lease and
 otherwise contract to make available grounds and facilities of the Farm-
 ingdale campus will ensure such land is  utilized  for  the  benefit  of
 Farmingdale, the surrounding community, and the general public.
   §  2.  Notwithstanding any other law to the contrary, the Trustees are
 authorized and empowered, without  any  public  bidding,  to  lease  and
 otherwise contract to make available to the New York housing opportunity
 corporation (the "ground lessee"), a portion of the lands of Farmingdale
 generally   described  in  this  act  for  the  purpose  of  developing,
 constructing, maintaining  and  operating  multi-purpose  facilities  to
 support  affordable  housing needs and supporting amenities as permitted
 by the New York housing opportunity corporation  act.    Such  lease  or
 contract  shall  be for a period not exceeding ninety-nine years without
 any fee simple conveyance and otherwise upon terms and conditions deter-
 mined by such trustees, subject to the approval of the director  of  the
 division  of the budget, the attorney general and the state comptroller.
 In the event that the real property that is the subject of such lease or
 contract shall cease to be used for the purpose described in  this  act,
 such lease or contract shall immediately terminate and the real property
 and any improvements thereon shall revert to the state university of New
 York.  Any  lease  or  contract  entered into pursuant to this act shall
 provide that the real property that is the  subject  of  such  lease  or
 contract  and any improvements thereon shall revert to the state univer-
 sity of New York on the expiration of such contract or lease.   Any  and
 all  proceeds related to the leases authorized by this act shall be used
 for the benefit of the Farmingdale campus and  the  allocation  of  such
 proceeds shall be subject to approval by the Trustees.
   §  3. Any contract or lease entered into pursuant to this act shall be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive law, and any contractor, subcontractor, lessee or sublessee  enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement  authorized  pursuant  to  this  act shall be deemed a state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
 S. 8306--B                         75
 
   § 4. Notwithstanding any general, special or  local  law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation,  repair,  renovation, alteration or improvement shall be subject
 to and performed in accordance with the provisions of article 8  of  the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments with regard to such grounds and facilities by the New York housing
 opportunity corporation, and parties contracting with the New York hous-
 ing opportunity corporation, and in connection with such activities, the
 obtaining  of funding or financing, whether public or private, unsecured
 or secured, including, but not limited to, secured  by  leasehold  mort-
 gages  and  assignments  of  rents  and  leases, by the New York housing
 opportunity corporation and parties contracting with the New York  hous-
 ing  opportunity  corporation for the purposes of completing the project
 described in this act.
   § 6. Such lease shall  include  an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 7. Any contracts entered into  pursuant  to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   § 8. The property authorized by this act to be leased to the New  York
 housing opportunity corporation is generally described as that parcel of
 real  property  with  improvements  thereon consisting of a total of 8.7
 acres situated on the campus of the State  University  of  New  York  at
 Farmingdale,  subject  to  all  existing  easements  and restrictions of
 record. The description in this section of the parcel to be made  avail-
 able pursuant to this act is not meant to be a legal description, but is
 intended only to identify the parcel:
   The  property is situated at the southwest corner of NYS Route 110 and
 Melville Road. The eastern boundary runs north/south along  the  western
 side  of  NYS  Route  110  with  approximately 450 feet of frontage. The
 northern boundary runs along Melville Road for just over 1,000 feet.
   § 9. The state university of New York shall not lease lands  described
 in  this  act  unless any such lease shall be executed within 5 years of
 the effective date of this act.
   § 10. Insofar as the provisions of this act are inconsistent with  the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART B
 S. 8306--B                         76
 
   Section  1. Legislative findings. The legislature finds that the state
 university of New York at Stony  Brook  ("Stony  Brook")  seeks  to  use
 approximately  10 acres of underutilized land on Stony Brook's Southamp-
 ton campus to build multi-purpose facilities to support affordable hous-
 ing  needs  and  supporting  amenities, fulfilling a necessary and vital
 public purpose.  The legislature further finds that granting  the  trus-
 tees  of the State University of New York ("Trustees") the authority and
 power to lease and otherwise contract  to  make  available  grounds  and
 facilities of Stony Brook's campus will ensure such land is utilized for
 the  benefit  of Stony Brook, the surrounding community, and the general
 public.
   § 2. Notwithstanding any other law to the contrary, the  Trustees  are
 authorized  and  empowered,  without  any  public  bidding, to lease and
 otherwise contract to make available to the New York housing opportunity
 corporation a portion of the lands of Stony Brook generally described in
 this act for the purpose of developing,  constructing,  maintaining  and
 operating  multi-purpose  facilities to support affordable housing needs
 and supporting amenities, as permitted by the New York housing  opportu-
 nity  corporation act.  Such lease or contract shall be for a period not
 exceeding ninety-nine years without any fee simple conveyance and other-
 wise upon terms and conditions determined by such trustees,  subject  to
 the approval of the director of the division of the budget, the attorney
 general  and  the state comptroller. In the event that the real property
 that is the subject of such lease or contract shall cease to be used for
 the purpose described in this act, such lease or  contract  shall  imme-
 diately  terminate  and  the  real property and any improvements thereon
 shall revert to the state university of New York. Any lease or  contract
 entered  into  pursuant to this act shall provide that the real property
 that is the subject of such lease or contract and any improvements ther-
 eon shall revert to the state university of New York on  the  expiration
 of  such  contract  or lease. Any and all proceeds related to the leases
 authorized by this act shall be used for the benefit of the Stony  Brook
 campus  and the allocation of such proceeds shall be subject to approval
 by the Trustees.
   § 3. Any contract or lease entered into pursuant to this act shall  be
 deemed to be a state contract for purposes of article 15-A of the execu-
 tive  law, and any contractor, subcontractor, lessee or sublessee enter-
 ing into such contract or lease for the construction, demolition, recon-
 struction, excavation, rehabilitation, repair, renovation, alteration or
 improvement authorized pursuant to this act  shall  be  deemed  a  state
 agency for the purposes of article 15-A of the executive law and subject
 to the provisions of such article.
   §  4.  Notwithstanding  any  general, special or local law or judicial
 decision to the contrary, all work performed on a project authorized  by
 this  act where all or any portion thereof involves a lease or agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation,  repair,  renovation, alteration or improvement shall be subject
 to and performed in accordance with the provisions of article 8  of  the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 5. Without limiting the determination of the terms and conditions of
 such  contracts  or  leases,  such  terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 S. 8306--B                         77
 
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by  leasehold  mortgages  and  assignments  of  rents and leases, by the
 ground lessee and parties contracting with the  ground  lessee  for  the
 purposes of completing the project described in this act.
   §  6.  Such  lease  shall  include  an indemnity provision whereby the
 lessee or sublessee promises to indemnify, hold harmless and defend  the
 lessor  against all claims, suits, actions, and liability to all persons
 on the leased premises, including tenant, tenant's agents,  contractors,
 subcontractors,  employees,  customers,  guests, licensees, invitees and
 members of the public, for damage to any such person's property, whether
 real or personal, or for personal injuries arising out of  tenant's  use
 or occupation of the demised premises.
   §  7.  Any  contracts  entered  into  pursuant to this act between the
 ground lessee and parties contracting with the ground  lessee  shall  be
 awarded by a competitive process.
   §  8.  The  property authorized by this act to be leased to the ground
 lessee is generally described as approximately 10 acres of land situated
 on the Southampton campus of the state university of New York  at  Stony
 Brook, subject to all existing easements and restrictions of record.
   §  9. The state university of New York shall not lease lands described
 in this act unless any such lease shall be executed within  5  years  of
 the effective date of this act.
   §  10. Insofar as the provisions of this act are inconsistent with the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 11. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Notwithstanding the provisions of section 400 of the trans-
 portation law, or any other  provision  of  law  to  the  contrary,  the
 commissioner  of  transportation  is hereby authorized and empowered to,
 without any public bidding, lease and otherwise contract to make  avail-
 able  to  the  New  York  housing  opportunity  corporation (the "ground
 lessee") for the purpose of developing,  constructing,  maintaining  and
 operating  multi-purpose  facilities to support affordable housing needs
 and supporting amenities as permitted by the New York  housing  opportu-
 nity corporation act, certain state-owned real property, as described in
 section  two  of this act.  Such lease or contract shall be for a period
 not exceeding ninety-nine years without any fee  simple  conveyance  and
 otherwise  upon  terms  and conditions determined by the commissioner of
 transportation, subject to the approval of the director of the  division
 of  the  budget,  the attorney general and the state comptroller. In the
 event that the real property that  is  the  subject  of  such  lease  or
 contract  shall  cease to be used for the purpose described in this act,
 such lease or contract shall immediately terminate and the real property
 and any improvements thereon shall revert to the department of transpor-
 tation. Any lease or contract entered into pursuant to  this  act  shall
 provide  that  the  real  property that is the  subject of such lease or
 contract and any improvements thereon shall revert to the department  of
 transportation on the expiration of such contract or lease.
   §  2.  The  lands  authorized  by this act to be leased consist of two
 parcels of land in the town of Babylon, Suffolk county, constituting tax
 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
 S. 8306--B                         78
 
 generally described as approximately twelve and one-half acres  of  land
 located north of Conklin Street and east of Route 110.
   §  3.  The  description  in section two of this act of the lands to be
 conveyed is not intended to be a legal description and is intended  only
 to identify the premises to be conveyed.
   §  3-a.  Any contract or lease entered into pursuant to this act shall
 be deemed to be a state contract for purposes of  article  15-A  of  the
 executive  law,  and  any contractor, subcontractor, lessee or sublessee
 entering into such contract or lease for the  construction,  demolition,
 reconstruction,  excavation,  rehabilitation, repair, renovation, alter-
 ation or improvement authorized pursuant to this act shall be  deemed  a
 state  agency  for the purposes of article 15-A of the executive law and
 subject to the provisions of such article.
   § 3-b. Notwithstanding any general, special or local law  or  judicial
 decision  to the contrary, all work performed on a project authorized by
 this act where all or any portion thereof involves a lease or  agreement
 for  construction,  demolition,  reconstruction,  excavation,  rehabili-
 tation, repair, renovation, alteration or improvement shall  be  subject
 to  and  performed in accordance with the provisions of article 8 of the
 labor law to the same extent and in the same manner as a contract of the
 state.
   § 3-c. Without limiting the determination of the terms and  conditions
 of  such  contracts or leases, such terms and conditions may provide for
 leasing,  subleasing,  construction,   reconstruction,   rehabilitation,
 improvement,  operation  and management of and provision of services and
 assistance and the granting of licenses, easements  and  other  arrange-
 ments  with  regard to such grounds and facilities by the ground lessee,
 and parties contracting with the ground lessee, and in  connection  with
 such  activities,  the obtaining of funding or financing, whether public
 or private, unsecured or secured, including, but not limited to, secured
 by leasehold mortgages and assignments  of  rents  and  leases,  by  the
 ground  lessee  and  parties  contracting with the ground lessee for the
 purposes of completing the project described in this act.
   § 3-d. Such lease shall include an  indemnity  provision  whereby  the
 lessee  or sublessee promises to indemnify, hold harmless and defend the
 lessor against all claims, suits, actions, and liability to all  persons
 on  the leased premises, including tenant, tenant's agents, contractors,
 subcontractors, employees, customers, guests,  licensees,  invitees  and
 members of the public, for damage to any such person's property, whether
 real  or  personal, or for personal injuries arising out of tenant's use
 or occupation of the demised premises.
   § 3-e. Any contracts entered into pursuant to  this  act  between  the
 ground  lessee  and  parties contracting with the ground lessee shall be
 awarded by a competitive process.
   §  3-f.  The  department  of  transportation  shall  not  lease  lands
 described  in  this act unless any such lease shall be executed within 5
 years of the effective date of this act.
   § 3-g. Insofar as the provisions of this act are inconsistent with the
 provisions of any law, general, special or local, the provisions of this
 act shall be controlling.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or subpart of this part shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder of that subpart or this part, but
 shall be confined in its operation to the clause,  sentence,  paragraph,
 S. 8306--B                         79
 
 subdivision, section, or subpart directly involved in the controversy in
 which  such  judgment shall have been rendered. It is hereby declared to
 be the intent of the legislature that this part and each subpart  herein
 would  have  been  enacted  even if such invalid provisions had not been
 included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART Q
 
   Section 1. Subdivision 3 of section 26 of the multiple  dwelling  law,
 as  amended  by  chapter  748 of the laws of 1961, is amended to read as
 follows:
   3. Floor area ratio (FAR). The floor area ratio (FAR) of any  dwelling
 or dwellings on a lot shall not exceed 12.0, except [that a]:
   A.  A fireproof class B dwelling in which six or more passenger eleva-
 tors are maintained and operated in any city having a local zoning  law,
 ordinance  or  resolution restricting districts in such city to residen-
 tial 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, ordi-
 nance or resolution to residential uses.
   B. IN A CITY WITH A POPULATION OF ONE MILLION OR MORE,  THE  PERMITTED
 FLOOR  AREA RATIO (FAR) OF ANY DWELLING OR DWELLINGS ON A LOT MAY EXCEED
 12.0 PROVIDED THAT:
   (1) SUCH CITY APPROVES ANY INCREASE IN SUCH PERMITTED FLOOR AREA RATIO
 (FAR) IN ACCORDANCE WITH LOCAL REQUIREMENTS FOR PUBLIC  REVIEW  OF  LAND
 USE  ACTIONS  INCLUDING,  WHERE APPLICABLE, SUCH CITY'S UNIFORM LAND USE
 REVIEW PROCEDURE;
   (2) SUCH CITY DESIGNATES THE LOT WHERE SUCH DWELLING OR DWELLINGS  ARE
 LOCATED AS SUBJECT TO A PROGRAM ESTABLISHED IN THE ZONING LAW, ORDINANCE
 OR  RESOLUTION OF SUCH CITY THAT MANDATES THAT ANY NEW HOUSING ON DESIG-
 NATED LOTS INCLUDE MINIMUM PERCENTAGES OF PERMANENTLY  AFFORDABLE  HOUS-
 ING,  INCLUDING,  WHERE  APPLICABLE,  ANY MANDATORY INCLUSIONARY HOUSING
 REQUIREMENTS; AND
   (3) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN  AREA  DESIG-
 NATED BY SUCH CITY AS A HISTORIC DISTRICT.
   C.  IN  A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE, A GENERAL
 PROJECT PLAN ADOPTED BY THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION
 FOR A PROJECT MAY PERMIT A FLOOR AREA RATIO OF A DWELLING  OR  DWELLINGS
 ON A LOT TO EXCEED 12.0 PROVIDED THAT:
   (1)  SUCH  PROJECT  INCLUDE  AT  LEAST  THE SAME MINIMUM PERCENTAGE OF
 PERMANENTLY AFFORDABLE HOUSING THAT SUCH PROJECT WOULD OTHERWISE HAVE TO
 INCLUDE IF THE PROJECT HAD BEEN APPROVED PURSUANT TO  A  PROGRAM  ESTAB-
 LISHED IN THE ZONING LAW, ORDINANCE OR RESOLUTION OF SUCH CITY MANDATING
 THAT  NEW  HOUSING  ON  DESIGNATED  LOTS  INCLUDE MINIMUM PERCENTAGES OF
 PERMANENTLY AFFORDABLE HOUSING, INCLUDING, WHERE APPLICABLE, ANY  MANDA-
 TORY INCLUSIONARY HOUSING REQUIREMENTS; AND
   (2)  SUCH  DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN AREA DESIG-
 NATED BY SUCH CITY AS A HISTORIC DISTRICT.
   § 2. This act shall take effect immediately.
 
                                  PART R
 S. 8306--B                         80
 
   Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
 labor law, as added by section 1 of part FFF of chapter 58 of  the  laws
 of 2020, are amended and a new paragraph e is added to read as follows:
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis; [or]
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity[.]; OR
   E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP-
 ERTY TAX LAW.
   § 2. The real property tax law is amended  by  adding  a  new  section
 467-m to read as follows:
   § 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-FIVE PERCENT OF THE DWELLING
 UNITS  ARE  AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF
 THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
 WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE  AFFORDABLE  HOUSING
 UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
 FOR  FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL
 OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND  FOR  AFFORDABLE
 HOUSING  UNITS  EXCEEDS  ONE  HUNDRED PERCENT OF THE AREA MEDIAN INCOME,
 ADJUSTED FOR FAMILY SIZE.
   C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING  UNIT
 THAT:  (I)  IS  SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
 AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
 EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION  PERI-
 OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI-
 LIES  WHOSE  HOUSEHOLD  INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA
 MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
 INITIALLY OCCUPIES SUCH DWELLING UNIT.
   D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND  INDIVIDUAL-
 LY:  (I)  AN  AFFORDABLE  HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER
 UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON  INITIAL  RENTAL  AND
 UPON  EACH  SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION
 PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY  INDIVIDUALS
 OR  FAMILIES  WHOSE  HOUSEHOLD  INCOME  DOES NOT EXCEED THE INCOME BANDS
 ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT.
   E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER-
 VATION AND DEVELOPMENT.
   F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS.
   G. "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS  REGULARLY
 EMPLOYED  AT,  AND  PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
 NANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMITED  TO,
 A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR,
 GARDENER,  GROUNDSKEEPER,  ELEVATOR  OPERATOR  AND  STARTER,  AND WINDOW
 CLEANER, BUT NOT INCLUDING PERSONS REGULARLY  SCHEDULED  TO  WORK  FEWER
 THAN EIGHT HOURS PER WEEK AT SUCH ELIGIBLE MULTIPLE DWELLING.
   H.  "COMMENCEMENT  DATE"  SHALL  MEAN  THE  DATE UPON WHICH THE ACTUAL
 CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
 S. 8306--B                         81
 
   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, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN
 ELIGIBLE MULTIPLE DWELLING.
   M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE  DWELLING  WHICH
 WAS  SUBJECT  TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS
 INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX  OR
 MORE  DWELLING  UNITS  HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION;
 (III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
 TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  THIRTY-
 THREE;  AND  (IV)  THE  COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-
 FIRST, TWO THOUSAND THIRTY-NINE.
   N. "FISCAL OFFICER" SHALL MEAN  THE  COMPTROLLER  OR  OTHER  ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS,
 OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC-
 TURES  ON  A  LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR
 FROM THE CENTER LINE OF PARTY WALLS.
   P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE  AREA  MEDIAN  INCOME,
 ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT.
   Q.  "MANHATTAN  PRIME  DEVELOPMENT  AREA"  SHALL  MEAN ANY TAX LOT NOW
 EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY  SOUTH  OF  96TH
 STREET IN THE BOROUGH OF MANHATTAN.
   R.  "MARKET  UNIT"  SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN-
 TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR  INCOME  BAND,
 RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT.
   T.  "MULTIPLE  DWELLING"  SHALL  HAVE THE SAME MEANING AS SET FORTH IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
   U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION  OF  A
 STRUCTURE,  EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT
 LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL  OR  MOST
 OF  THE  SPACE  USED  IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE
 STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC-
 TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT  OF
 THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE,
 OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN-
 CY.
   V.  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN  A  TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT  STABILIZA-
 TION  LAW  OF  NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION CODE,
 AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS
 IN EFFECT AS OF THE EFFECTIVE DATE OF THIS SECTION OR AS AMENDED  THERE-
 AFTER,  TOGETHER  WITH  ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING
 SUBSTANTIALLY THE SAME SUBJECT MATTER.
 S. 8306--B                         82
 
   X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT  CONTAINS  DWELLING
 UNITS.
   Y.  "RESTRICTION  PERIOD"  SHALL  MEAN  A  PERIOD  COMMENCING  ON  THE
 COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER
 TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS.
   Z. "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,  AN  EIGHTY  PERCENT  EXEMPTION FROM REAL PROPERTY TAXATION,
 OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, AND (B)  OUTSIDE  OF  THE
 MANHATTAN  PRIME  DEVELOPMENT  AREA, A SIXTY-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
 MANHATTAN PRIME DEVELOPMENT AREA, A SIXTY-FOUR  PERCENT  EXEMPTION  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
 AND (B) OUTSIDE OF THE MANHATTAN PRIME  DEVELOPMENT  AREA,  A  FIFTY-TWO
 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  FORTY-EIGHT
 PERCENT  EXEMPTION  FROM  REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
 FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE MANHATTAN PRIME  DEVELOP-
 MENT  AREA, A THIRTY-NINE 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 DEVELOP-
 MENT AREA, A THIRTY-TWO PERCENT EXEMPTION FROM REAL  PROPERTY  TAXATION,
 OTHER  THAN  ASSESSMENTS  FOR LOCAL IMPROVEMENTS, AND (B) OUTSIDE OF THE
 MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY-SIX  PERCENT  EXEMPTION  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS;
 AND (VI) FOR THE NINETEENTH YEAR OF THE RESTRICTION PERIOD,  (A)  WITHIN
 THE  MANHATTAN  PRIME DEVELOPMENT AREA, A SIXTEEN PERCENT EXEMPTION FROM
 REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL  IMPROVEMENTS,
 AND  (B)  OUTSIDE  OF  THE  MANHATTAN PRIME DEVELOPMENT AREA, A THIRTEEN
 PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS
 FOR LOCAL IMPROVEMENTS.
   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
 S. 8306--B                         83
 
 TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH
 REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY,  SHALL  BE  APPORTIONED  PRO
 RATA  AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS
 SECTION,  ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR
 ACCESSORY PARKING SPACE LOCATED NOT MORE THAN  TWENTY-THREE  FEET  ABOVE
 THE CURB LEVEL.
   5.  APPLICATION  OF  BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
 CERTIFYING ELIGIBILITY FOR AHCC  PROGRAM  BENEFITS,  THE  DEPARTMENT  OF
 FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
 SIONS  TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE
 ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
   6. AFFORDABILITY REQUIREMENTS. AN  ELIGIBLE  MULTIPLE  DWELLING  SHALL
 COMPLY  WITH  THE  AFFORDABILITY  REQUIREMENT  DEFINED IN PARAGRAPH B OF
 SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI-
 BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING  REQUIREMENTS
 DURING THE RESTRICTION PERIOD:
   A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
 SHARE  THE  SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE
 UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO  A
 SPECIFIC  FLOOR  OR  AREA  OF  AN  ELIGIBLE  MULTIPLE  DWELLING.  COMMON
 ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS  REGULARLY  USED  BY
 ANY  RESIDENT  OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL-
 ING.
   B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE  OR  LOCAL
 HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
 MULTIPLE  DWELLING  SHALL  HAVE  A  UNIT  MIX PROPORTIONAL TO THE RENTAL
 MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE  AFFORDABLE  HOUSING
 UNITS  IN  AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS
 AND NO MORE THAN TWENTY-FIVE PERCENT OF  THE  AFFORDABLE  HOUSING  UNITS
 SHALL HAVE LESS THAN ONE BEDROOM.
   C.  NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
 RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO  RENT
 STABILIZATION  DURING  THE  RESTRICTION  PERIOD; AND (II) ANY AFFORDABLE
 HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY  THE  AGENCY
 PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA-
 TION  FOR  AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA-
 TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT.
   D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED  TO  BE  FILED  SHALL
 CONTAIN  A  DESIGNATION  THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
 UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS-
 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
 S. 8306--B                         84
 
 OFFERED FOR RENTAL BY INDIVIDUALS OR  FAMILIES  WHOSE  INCOME  DOES  NOT
 EXCEED  THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME OR INCOME BAND,
 AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE
 HOUSING  UNIT  PURSUANT  TO  THIS  SECTION AND WHO INTEND TO OCCUPY SUCH
 AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE  HOUS-
 ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER
 ENTITY;  OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON-
 ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING
 UNIT AVAILABLE FOR OCCUPANCY.
   H. AN AFFORDABLE HOUSING UNIT SHALL NOT  BE  RENTED  ON  A  TEMPORARY,
 TRANSIENT  OR  SHORT-TERM BASIS.  EVERY LEASE AND RENEWAL THEREOF FOR AN
 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
 OPTION OF THE TENANT.
   I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR
 CONDOMINIUM OWNERSHIP.
   J.  THE  AGENCY  MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
 DEEMS NECESSARY OR APPROPRIATE FOR:  (I)  THE  MARKETING  OF  AFFORDABLE
 HOUSING  UNITS,  BOTH  UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II)
 MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE
 ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND  (IV)
 SPECIFYING  THE  LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY,
 RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED
 WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH  REQUIREMENTS  MAY
 INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE
 AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING.
   K.  NOTWITHSTANDING  ANY  PROVISION OF THIS SECTION TO THE CONTRARY, A
 MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION  UNLESS,  IN  THE
 ABSENCE  OF  AHCC  PROGRAM  BENEFITS,  THE UNIT WOULD BE SUBJECT TO RENT
 STABILIZATION.
   7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY
 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
 EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE-
 MENT COMPANY OR CONTRACTOR.
   B.  ALL  BUILDING  SERVICE  EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
 ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING  WAGE
 FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
 FITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED.
   C.  THE  FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
 OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL  OFFICER
 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;
 S. 8306--B                         85
 
 (VI)  TO  REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
 OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
 EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE-
 GOING  POWERS  TO  HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;
 (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
 PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES  AND  POWERS  CONFERRED
 UPON  HIM  OR  HER  BY  THE  PROVISIONS OF THIS SUBDIVISION; AND (IX) TO
 PRESCRIBE  APPROPRIATE  SANCTIONS  FOR  FAILURE  TO  COMPLY   WITH   THE
 PROVISIONS  OF  THIS  SUBDIVISION.  FOR EACH VIOLATION OF PARAGRAPH B OF
 THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK
 WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES  THE
 AMOUNT  OF  THE  BACK  WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
 AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS  THAT
 THE  APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
 SION, HE OR SHE SHALL PRESENT EVIDENCE OF  SUCH  NON-COMPLIANCE  TO  THE
 AGENCY.
   D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:  (I) AN
 ELIGIBLE  MULTIPLE  DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS;
 OR (II) AN ELIGIBLE  MULTIPLE  DWELLING  WHOSE  ELIGIBLE  CONVERSION  IS
 CARRIED  OUT  WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI-
 DIES PROVIDED BY A  FEDERAL,  STATE  OR  LOCAL  GOVERNMENTAL  AGENCY  OR
 INSTRUMENTALITY  PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE
 HOUSING.
   E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH  ITS  APPLICATION
 CERTIFYING  THAT  IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI-
 SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D  OF  THIS  SUBDIVISION.
 UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
 EXEMPT  IN  ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT
 ANNUALLY A SWORN AFFIDAVIT TO THE  FISCAL  OFFICER  CERTIFYING  THAT  IT
 SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   8.  CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
 RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM  OR
 ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   9.   VOLUNTARY   RENUNCIATION   OR  TERMINATION.  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
 OWNER  SHALL  NOT  BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AHCC
 PROGRAM BENEFITS UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
 TERMINATION  IN  CONNECTION  WITH  THE  COMMENCEMENT  OF A TAX EXEMPTION
 PURSUANT TO THE PRIVATE HOUSING FINANCE  LAW  OR  SECTION  FOUR  HUNDRED
 TWENTY-C OF THIS TITLE.
   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.
 S. 8306--B                         86
 
   13. APPLICATIONS. A. THE APPLICATION  WITH  RESPECT  TO  ANY  ELIGIBLE
 MULTIPLE  DWELLING  SHALL  BE  FILED WITH THE AGENCY NO EARLIER THAN THE
 COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF
 SUCH ELIGIBLE MULTIPLE DWELLING.
   B.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
 FILED ELECTRONICALLY.
   C. THE AGENCY MAY RELY ON CERTIFICATION BY AN  ARCHITECT  OR  ENGINEER
 SUBMITTED  BY  AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
 TION. A FALSE CERTIFICATION BY  SUCH  ARCHITECT  OR  ENGINEER  SHALL  BE
 DEEMED  TO  BE  PROFESSIONAL  MISCONDUCT  PURSUANT TO SECTION SIXTY-FIVE
 HUNDRED NINE OF THE EDUCATION LAW.   ANY  ARCHITECT  OR  ENGINEER  FOUND
 GUILTY  OF  SUCH  MISCONDUCT  UNDER THE PROCEDURES PRESCRIBED IN SECTION
 SIXTY-FIVE HUNDRED TEN OF THE EDUCATION LAW  SHALL  BE  SUBJECT  TO  THE
 PENALTIES  PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCA-
 TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO  SUBMIT  A  CERTIFICATION
 PURSUANT TO THIS SECTION.
   D.  SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES,
 AND SEWER RENTS CURRENTLY DUE AND OWING ON THE  PROPERTY  WHICH  IS  THE
 SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN
 TIMELY  INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT
 OF FINANCE OR OTHER APPROPRIATE AGENCY.
   14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF  NO  LESS  THAN
 THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
 TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES:
   A.  IMPOSING  A  LESSER  FEE  FOR  AN ELIGIBLE MULTIPLE DWELLING WHOSE
 ELIGIBLE CONVERSION IS CARRIED OUT WITH THE  SUBSTANTIAL  ASSISTANCE  OF
 GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN-
 MENTAL  AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP-
 MENT OF AFFORDABLE HOUSING; AND
   B. REQUIRING A  PORTION  OF  THE  FILING  FEE  TO  BE  PAID  UPON  THE
 SUBMISSION  OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV-
 ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE  CONVER-
 SION.
   15.  RULES.  EXCEPT  AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION,
 THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE  THE  PROVISIONS  OF
 THIS  SECTION  AND  MAY  PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF
 THIS SECTION.
   16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A.  ON  OR
 AFTER  THE  EXPIRATION  DATE  OF  THE  BENEFIT PROVIDED PURSUANT TO THIS
 SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN  OPPORTUNITY  TO  BE
 HEARD,  A  PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF
 THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION.
   B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL  BE  COMPUTED  AS  A
 PERCENTAGE  OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE
 ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR  THAT  BENE-
 FITS  WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL
 ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES  PURSU-
 ANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
   C.  A  PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST
 THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE  TIME  THE  VIOLATION
 OCCURRED,  EVEN  IF  SUCH  OWNER  NO  LONGER OWNS SUCH ELIGIBLE MULTIPLE
 DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
   D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED  PURSUANT  TO
 THIS  SUBDIVISION  SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI-
 SONMENT NOT TO EXCEED SIX MONTHS.
 S. 8306--B                         87
 
   § 3. This act shall take effect immediately.
 
                                  PART S
 
                           Intentionally Omitted
 
                                  PART T
 
                           Intentionally Omitted
 
                                  PART U
 
                           Intentionally Omitted
 
                                  PART V
 
   Section 1. Section 602 of the education law is amended by adding a new
 subdivision 5 to read as follows:
   5.  THE  COMMISSIONER  SHALL PROMULGATE RULES AND REGULATIONS ALLOWING
 FOR STUDENTS ENROLLED IN AN APPROVED POSTSECONDARY EDUCATION  EXPERIENCE
 OR  TRANSITION  PROGRAM TO RECEIVE FINANCIAL ASSISTANCE FROM THE TUITION
 ASSISTANCE PROGRAM.
   § 2. Section 667 of the education law  is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.    POSTSECONDARY  EDUCATION  EXPERIENCE OR TRANSITION PROGRAMS.  A.
 NOTWITHSTANDING SUBDIVISIONS ONE, TWO AND THREE  OF  THIS  SECTION,  THE
 PRESIDENT  SHALL  MAKE AWARDS TO STUDENTS WITH INTELLECTUAL DISABILITIES
 IN APPROVED POSTSECONDARY EDUCATION EXPERIENCE OR TRANSITION PROGRAMS IN
 THE SAME MANNER AS  STUDENTS  ENROLLED  IN  AN  APPROVED  PROGRAM  AT  A
 DEGREE-GRANTING  INSTITUTION INCLUDING THE SAME INCOME LIMITS AND AWARDS
 FOR EACH YEAR.
   B.  AN  APPROVED  POSTSECONDARY  EDUCATION  EXPERIENCE  OR  TRANSITION
 PROGRAM SHALL:
   (I) SERVE STUDENTS WITH INTELLECTUAL DISABILITIES;
   (II)  PROVIDE  INDIVIDUAL  SUPPORTS  AND SERVICES FOR THE ACADEMIC AND
 SOCIAL INCLUSION OF STUDENTS WITH INTELLECTUAL DISABILITIES IN  ACADEMIC
 COURSES,  EXTRACURRICULAR  ACTIVITIES, AND OTHER ASPECTS OF THE INSTITU-
 TION OF HIGHER EDUCATION'S REGULAR POSTSECONDARY PROGRAM;
   (III) PROVIDE A FOCUS ON:
   (A) ACADEMIC ENRICHMENT;
   (B) SOCIALIZATION;
   (C) INDEPENDENT LIVING SKILLS, INCLUDING SELF-ADVOCACY SKILLS; AND
   (D) INTEGRATED WORK EXPERIENCES AND CAREER SKILLS THAT LEAD TO GAINFUL
 EMPLOYMENT;
   (IV) INTEGRATE PERSON-CENTERED PLANNING  IN  THE  DEVELOPMENT  OF  THE
 COURSE OF STUDY FOR EACH STUDENT WITH AN INTELLECTUAL DISABILITY;
   (V)  CREATE AND OFFER A MEANINGFUL CREDENTIAL FOR STUDENTS WITH INTEL-
 LECTUAL DISABILITIES UPON THE COMPLETION OF THE POSTSECONDARY  EDUCATION
 EXPERIENCE OR TRANSITION PROGRAM; AND
   (VI)  BE  A FEDERALLY APPROVED COMPREHENSIVE TRANSITION AND POSTSECON-
 DARY PROGRAM.
   C. FOR THE PURPOSES OF THIS SUBDIVISION, "STUDENTS  WITH  INTELLECTUAL
 DISABILITIES"  SHALL MEAN A STUDENT WITH AN IMPAIRMENT OF GENERAL INTEL-
 S. 8306--B                         88
 
 LECTUAL FUNCTIONING OR ADAPTIVE BEHAVIOR WHICH CONSTITUTES A SUBSTANTIAL
 HANDICAP TO THE STUDENT'S ABILITY TO FUNCTION NORMALLY  IN  SOCIETY  AND
 WHICH HAS ORIGINATED AT ANY POINT IN THE STUDENT'S LIFE.
   § 3. This act shall take effect immediately.
 
                                  PART W
 
   Section 1. Subdivision 3 of section 667 of the education law, as added
 by  chapter  83 of the laws of 1995, paragraph a as amended by section 1
 and subparagraph (iv) of paragraph b as amended by section 3 of  part  B
 of  chapter  60  of  the laws of 2000, clause (A) of subparagraph (i) of
 paragraph a as amended by section 1 and subparagraphs (i)  and  (ii)  of
 paragraph b as amended by section 2 of part DD of chapter 56 of the laws
 of  2021,  subparagraph  (iii) of paragraph a as amended by section 3 of
 part H and paragraph c as relettered by section 2 of part J  of  chapter
 58  of the laws of 2011 and paragraph b as amended by chapter 309 of the
 laws of 1996, is amended to read as follows:
   3. Tuition assistance program awards.
   a. Amount. The president shall make awards  to  students  enrolled  in
 degree-granting   institutions  or  registered  not-for-profit  business
 schools qualified for tax exemption under § 501(c)(3)  of  the  internal
 revenue code for federal income tax purposes in the following amounts:
   (i) For each year of undergraduate study, assistance shall be provided
 as  computed  on  the  basis  of  the  amount which is the lesser of the
 following:
   (A) [(1) In the case of students who have not been granted  an  exclu-
 sion  of parental income, who have qualified as an orphan, foster child,
 or ward of the court for the purposes of federal student  financial  aid
 programs  authorized by Title IV of the Higher Education Act of 1965, as
 amended, or had a dependent for income tax purposes during the tax  year
 next  preceding  the academic year for which application is made, except
 for those students who have been granted exclusion  of  parental  income
 who have a spouse but no other dependent:
   (a)]  Five thousand dollars, except starting in two thousand fourteen-
 two thousand fifteen such  students  shall  receive  five  thousand  one
 hundred  sixty-five dollars, and except starting in two thousand twenty-
 one--two  thousand  twenty-two  [and  thereafter]  such  students  shall
 receive  five thousand six hundred sixty-five dollars, AND EXCEPT START-
 ING IN TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE AND  THEREAFT-
 ER,  SUCH  STUDENTS  SHALL  RECEIVE  SIX THOUSAND ONE HUNDRED SIXTY-FIVE
 DOLLARS, provided however that nothing  herein  shall  be  construed  as
 increasing  any award made pursuant to this section for an academic year
 prior to two thousand [twenty-one]TWENTY-FOUR--two thousand [twenty-two]
 TWENTY-FIVE; or
   [(b)] (B) For undergraduate students enrolled in a program of study at
 a non-public degree-granting institution that does not offer  a  program
 of  study  that leads to a baccalaureate degree, or at a registered not-
 for-profit business school qualified for  tax  exemption  under  section
 501(c)(3)  of  the internal revenue code for federal income tax purposes
 that does not offer a program of study that  leads  to  a  baccalaureate
 degree,  four  thousand dollars, except starting in two thousand twenty-
 one--two thousand twenty-two and thereafter such students shall  receive
 four  thousand five hundred dollars. Provided, however, that this [subi-
 tem] CLAUSE shall not apply to students enrolled in a program  of  study
 leading to a certificate or degree in nursing[.]; OR
 S. 8306--B                         89
 
   [(2) In the case of students receiving awards pursuant to subparagraph
 (iii)  of this paragraph and those students who have been granted exclu-
 sion of parental income who have a spouse but no other dependent  begin-
 ning  in  the  two thousand twenty-one--two thousand twenty-two academic
 year  and  thereafter,  three thousand five hundred twenty-five dollars,
 provided that nothing herein shall be construed as increasing any  award
 made for any prior academic year; or
   (B)]  (C)  (1) Ninety-five percent of the amount of tuition (exclusive
 of educational fees) charged and, if applicable, the college fee  levied
 by  the  state university of New York pursuant to the April first, nine-
 teen hundred sixty-four financing agreement  with  the  New  York  state
 dormitory authority.
   (2) For the two thousand one--two thousand two academic year and ther-
 eafter one hundred percent of the amount of tuition (exclusive of educa-
 tional  fees)  charged and, if applicable, the college fee levied by the
 state university of New York  pursuant  to  the  April  first,  nineteen
 hundred sixty-four financing agreement with the New York state dormitory
 authority.
   (ii) [Except for students as noted in subparagraph (iii) of this para-
 graph,  the] THE base amount as determined from subparagraph (i) of this
 paragraph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (A) Less than seven thousand        None
     dollars
 (B) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 (C) Eleven thousand dollars or      Two hundred eighty dollars
     more, but less than eighteen    plus ten per centum of excess
     thousand dollars                over eleven thousand dollars
 (D) Eighteen thousand dollars or    Nine hundred eighty dollars
     more, but not more than [eighty]plus twelve per centum of
     ONE HUNDRED TWENTY-FIVE         excess over eighteen
     thousand dollars                thousand dollars
 
   (iii) [(A) For students who have been granted  exclusion  of  parental
 income  and were single with no dependent for income tax purposes during
 the tax year next preceding the academic year for which  application  is
 made,  the  base amount, as determined in subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:

 Amount of income                    Schedule of reduction
                                     of base amount

 (1) Less than three thousand        None
     dollars
 (2) Three thousand dollars or       Thirty-one per centum of
     more, but not more than ten     amount in excess of three
     thousand dollars                thousand dollars

   (B) For those students who have been  granted  exclusion  of  parental
 income who have a spouse but no other dependent, for income tax purposes
 during  the tax year next preceding the academic year for which applica-
 S. 8306--B                         90

 tion is made, the base amount, as determined in subparagraph (i) of this
 paragraph, shall be reduced in relation to income as follows:

 Amount of income                    Schedule of reduction
                                     of base amount

 (1) Less than seven thousand        None
     dollars
 (2) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 (3) Eleven thousand dollars or      Two hundred eighty dollars
     more, but less than eighteen    plus ten per centum of excess
     thousand dollars                over eleven thousand dollars
 (4) Eighteen thousand dollars or    Nine hundred eighty dollars
     more, but not more than forty   plus twelve per centum of
     thousand dollars                excess over eighteen
                                     thousand dollars

   (iv)]  If  the  amount of reduction is not a whole dollar, it shall be
 reduced to the next lowest whole dollar. In the case of any student  who
 has  received  four  or  more  payments  pursuant  to any and all awards
 provided for in this subdivision, for the two thousand--two thousand one
 academic year the base amount shall be  reduced  by  an  additional  one
 hundred fifty dollars for the two thousand one--two thousand two academ-
 ic year and thereafter the base amount shall be reduced by an additional
 one hundred dollars.
   [(v)] (IV) The award shall be the net amount of the base amount deter-
 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
 subparagraph  (ii)  [or (iii)] of this paragraph but the award shall not
 be reduced for the two thousand--two thousand one and two thousand  one-
 -two  thousand two academic years below two hundred seventy-five dollars
 if the amount of income is [eighty]  ONE  HUNDRED  TWENTY-FIVE  thousand
 dollars  or  less  and more than seventy thousand dollars, three hundred
 twenty-five dollars if the amount of income is seventy thousand  dollars
 or  less  and  more than sixty thousand dollars and four hundred twenty-
 five dollars if the amount of income is sixty thousand dollars or less.
   [(vi)] (V) For the two thousand two--two thousand three academic  year
 and  thereafter,  the  award  shall be the net amount of the base amount
 determined pursuant to subparagraph (i) of this paragraph reduced pursu-
 ant to subparagraph (ii) [or (iii)] of  this  paragraph  but  the  award
 shall not be reduced below [five hundred] ONE THOUSAND dollars.
   b. Amount. The president shall make awards to students enrolled in two
 year  programs offered in registered private business schools except for
 registered not-for-profit business schools qualified for  tax  exemption
 under  section 501(c)(3) of the internal revenue code for federal income
 tax purposes in the following amounts:
   (i) For each year of study, assistance shall be provided  as  computed
 on the basis of the amount which is the lesser of the following:
   (A) [(1)] one thousand three hundred dollars[, or
   (2)  for  students  receiving awards pursuant to subparagraph (iii) of
 this paragraph, one thousand one hundred forty dollars]; or
   (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of
 educational fees) charged.
 S. 8306--B                         91

   (2) For the two thousand one--two thousand two academic year and ther-
 eafter one hundred percent of the amount of tuition (exclusive of educa-
 tional fees).
   (ii) [Except for students as noted in subparagraph (iii) of this para-
 graph,  the]  THE  base amount as determined in subparagraph (i) of this
 paragraph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (A) Less than seven thousand        None
     dollars
 (B) Seven thousand dollars or       Seven per centum of the excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 
   (iii) [For students who have been granted exclusion of parental income
 and were single with no dependent for income tax purposes during the tax
 year next preceding the academic year for which application is made, the
 base amount, as determined in subparagraph (i) of this paragraph,  shall
 be reduced in relation to income as follows:

 Amount of income                    Schedule of reduction of
                                     base amount

 (A) Less than three thousand        None
     dollars
 (B) Three thousand dollars or       Thirty-one per centum of the ex-
     more, but not more than ten     cess over three thousand dollars
     thousand dollars

   (iv)]  If  the  amount of reduction is not a whole dollar, it shall be
 reduced to the next lowest whole dollar. In the case of any student  who
 has  received  four  or  more  payments  pursuant  to any and all awards
 provided for in this subdivision, for the two thousand--two thousand one
 academic year the base amount shall be  reduced  by  an  additional  one
 hundred fifty dollars for the two thousand one--two thousand two academ-
 ic year and thereafter the base amount shall be reduced by an additional
 one hundred dollars.
   [(v)] (IV) The award shall be the net amount of the base amount deter-
 mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
 subparagraph  (ii)  [or (iii)] of this paragraph but the award shall not
 be reduced below one hundred dollars. If the income exceeds the  maximum
 amount  of  income  allowable under subparagraph (ii) [or (iii)] of this
 paragraph, no award shall be made.
   c. Restrictions. In no [even shall] EVENT shall any award:
   (i) be made unless the annual tuition (exclusive of educational  fees)
 and,  if  applicable,  the college fee levied by the state university of
 New York pursuant  to  the  April  first,  nineteen  hundred  sixty-four
 financing  agreement with the New York state dormitory authority charged
 for the program in which the student is  enrolled  total  at  least  two
 hundred dollars; or
   (ii)  exceed  the  amount  by  which such annual tuition (exclusive of
 educational fees) and, if applicable, the  college  fee  levied  by  the
 state  university  of  New  York  pursuant  to the April first, nineteen
 hundred sixty-four financing agreement with the New York state dormitory
 S. 8306--B                         92

 authority exceed the total of all other state, federal, or other  educa-
 tional  aid  that  is  received or receivable by such student during the
 school year for which such award is applicable and that, in the judgment
 of the commissioner, would duplicate the purposes of the award; or
   (iii) be made when income exceeds the maximum income set forth in this
 subdivision.  The  commissioner  shall list in his regulations all major
 state and federal financial aid available to New York state students and
 identify any forms of aid that are duplicative of the  purposes  of  the
 tuition  assistance  program.  For  the  purposes  of  this subdivision,
 neither United States war orphan educational benefits nor benefits under
 the veterans' readjustment act of nineteen hundred  sixty-six  shall  be
 considered as federal or other educational aid.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART X
 
   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
 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,
 S. 8306--B                         93
 
 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.
 
                                  PART Y
 
   Section  1.  Subdivisions  1 and 3 of section 592 of the labor law, as
 amended by chapter 20 of the laws  of  2020,  are  amended  to  read  as
 follows:
   1. Industrial controversy. (a) The accumulation of benefit rights by a
 claimant  shall  be suspended during a period of [two consecutive weeks]
 ONE WEEK beginning with the day after such  claimant  lost  his  or  her
 employment  because  of  a strike or other industrial controversy except
 for lockouts, including concerted activity not authorized or  sanctioned
 by  the  recognized  or  certified bargaining agent of the claimant, and
 other concerted activity conducted in violation of any existing  collec-
 tive  bargaining  agreement, in the establishment in which he or she was
 employed, except that benefit rights may be accumulated before the expi-
 ration of such [two] ONE week period beginning with the day  after  such
 strike or other industrial controversy was terminated.
   (b) Benefits shall not be suspended under this section if:
   (i)  The employer hires a permanent replacement worker for the employ-
 ee's position. A replacement worker shall be presumed  to  be  permanent
 unless  the employer certifies in writing that the employee will be able
 to return to his or her prior position upon conclusion of the strike, in
 the event the strike terminates prior to the conclusion of  the  employ-
 ee's eligibility for benefit rights under this chapter. In the event the
 employer  does  not  permit  such  return  after such certification, the
 employee shall be entitled to recover any benefits lost as a  result  of
 the [two] ONE week suspension of benefits, and the department may impose
 a  penalty  upon  the  employer of up to seven hundred fifty dollars per
 S. 8306--B                         94
 
 employee per week of benefits lost. The penalty collected shall be  paid
 into  the  unemployment  insurance  control fund established pursuant to
 section five hundred fifty-two-b of this article; or
   (ii) The commissioner determines that the claimant:
   (A)  is not employed by an employer that is involved in the industrial
 controversy that caused his or her unemployment and is not participating
 in the industrial controversy; or
   (B) is not in a bargaining unit involved in the industrial controversy
 that caused his or her unemployment and  is  not  participating  in  the
 industrial controversy.
   3.  Terms of suspension. [No] THE waiting period [may be served during
 a] AND suspension period SHALL BE SERVED CONCURRENTLY.
   The suspension of accumulation of benefit rights shall not  be  termi-
 nated  by subsequent employment of the claimant irrespective of when the
 claim is filed except as provided in subdivision one and  shall  not  be
 confined to a single benefit year.
   A  "week"  as  used in subdivision one of this section means any seven
 consecutive calendar days.
   § 2. This act shall take effect immediately.
 
                                  PART Z
 
   Section 1. Subdivisions 1, 2 and 3  of  section  20  of  the  workers'
 compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi-
 vision 1 is added to read as follows:
   1. THE BOARD SHALL INDEX A CLAIM FOR WORKERS' COMPENSATION IMMEDIATELY
 UPON THE RECEIPT OF A MEDICAL REPORT IN ADDITION TO EITHER A CLAIM FILED
 BY THE INJURED WORKER OR AN EMPLOYER'S REPORT OF INJURY OR ILLNESS.
   §  2.   Subdivision  2 of section 20 of the workers' compensation law,
 as amended by chapter 635 of the laws  of  1996  and  as  renumbered  by
 section one of this act, is amended to read as follows:
   2.  [At any time after the expiration of the first seven days of disa-
 bility on the part of an injured employee, or  at  any  time  after  the
 employee's  death,  a  claim  for  compensation  may be presented to the
 employer or to the chair. The] WITHIN  SIXTY  DAYS  AFTER  A  CLAIM  FOR
 COMPENSATION  HAS  BEEN INDEXED, THE board shall HOLD AN INITIAL HEARING
 FOR EACH CLAIM IN WHICH THE INJURED WORKER ASSERTS LOST  WAGES  OR  LOST
 TIME  DUE TO INJURY AND SHALL have full power and authority to determine
 all questions in relation to the payment of claims presented to  it  for
 compensation  under  the  provisions of this chapter. The chair or board
 shall THEREAFTER make or cause to be made such investigation as it deems
 necessary, and upon application of either party OR AN  ATTORNEY  REPRES-
 ENTING  EITHER  PARTY,  shall  order  a hearing BEFORE A REFEREE TO TAKE
 PLACE WITHIN FORTY-FIVE CALENDAR DAYS OF  THE  APPLICATION  FROM  EITHER
 PARTY,  and within thirty days after a claim for compensation is submit-
 ted under this section, or such hearing closed, shall make  or  deny  an
 award, determining such claim for compensation, and file the same in the
 office of the chair.  NO APPLICATION FOR A HEARING MADE BY A PARTY OR AN
 ATTORNEY  PURSUANT  TO  THIS  SECTION  SHALL  BE SUBJECT TO LIMITATIONS,
 PREREQUISITES, OR PENALTIES IMPOSED BY THE BOARD. Immediately after such
 filing the chair shall send to the parties a copy of the decision.  Upon
 a hearing pursuant to this section either party may present evidence and
 be represented by counsel.  The decision of the board shall be final  as
 to  all  questions  of  fact, and, except as provided in section twenty-
 three of this article, as to all questions of law.   Except as  provided
 in  section  twenty-seven of this article, all awards of the board shall
 S. 8306--B                         95
 
 draw simple interest from thirty days after the making  thereof  at  the
 rate  provided  in  section five thousand four of the civil practice law
 and rules.  Whenever a hearing or proceeding for the determination of  a
 claim  for  compensation  is  begun  before  a  referee, pursuant to the
 provisions of this chapter, such hearing or proceeding or any  adjourned
 hearing  thereon  shall  continue  before the same referee until a final
 determination awarding or denying compensation, except in  the  absence,
 inability  or disqualification to act of such referee, or for other good
 cause, in which event such hearing or proceeding may be continued before
 another referee by order of the chair or board.
   § 3. Paragraph (c) of subdivision 3 of  section  25  of  the  workers'
 compensation  law,  as  amended  by  chapter  61 of the laws of 1986, is
 amended to read as follows:
   (c) The board shall keep an accurate record of all hearings held.  ALL
 DECISIONS SHALL BE ISSUED TO THE INJURED   WORKER   IN   THEIR    NATIVE
 LANGUAGE.  Whenever a hearing must be continued or adjourned because the
 carrier or employer has engaged in dilatory tactics or exhibited  unjus-
 tified  lack  of preparedness, the board shall impose a penalty of twen-
 ty-five dollars to be paid to the fund created  by  subdivision  two  of
 section one hundred fifty-one of this chapter and shall in addition make
 an award of seventy-five dollars payable to the injured worker or his or
 her  dependants.  Dilatory  tactics may include but shall not be limited
 to:  failing to subpoena medical witnesses or to secure an order to show
 cause as directed by the referee, failing to bring proper files, failing
 to appear, failing to produce witnesses or  documents  after  they  have
 been  requested by the referee or examiner or as directed by the hearing
 notice, unnecessarily protracting the production of evidence, or  engag-
 ing in a pattern of delay which unduly delays resolution, except that no
 penalty  shall  be  imposed nor award made under this subdivision if the
 carrier or employer produces evidence sufficient to excuse  its  conduct
 to the satisfaction of the referee.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART AA
 
   Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the New York healthy incentive program.
 Each component is  wholly  contained  within  a  Subpart  identified  as
 Subparts  A  through C. The effective date for each particular provision
 contained within such Subpart is set forth in the last section  of  such
 Subpart.   Any provision in any section contained within a Part, includ-
 ing the effective date of the Subpart, 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 Subpart in which it is found.  Section three of this act
 sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section 1. The social services law is amended by adding a new  section
 95-b to read as follows:
   §  95-B.  NEW  YORK HEALTHY INCENTIVE PROGRAM (NYHIP). 1.  LEGISLATIVE
 FINDINGS. THE LEGISLATURE HEREBY FINDS AND DECLARES  THAT  HEALTHY  FOOD
 INCENTIVE  PROGRAMS PROVIDE SIGNIFICANT HEALTH, EDUCATIONAL, SOCIAL, AND
 ECONOMIC BENEFITS TO THE GENERAL PUBLIC, ESPECIALLY FOR  THOSE  INDIVID-
 S. 8306--B                         96
 
 UALS  WHO  HAVE HISTORICALLY BEEN EXCLUDED FROM ACCESS TO FRESH PRODUCE;
 IN FOOD DESERTS WHERE ACCESS TO HEALTHY AND AFFORDABLE FOOD  IS  LIMITED
 OR  WHERE THERE ARE NO GROCERY STORES; AND LOCAL FARMERS WHO STRUGGLE TO
 COMPETE  WITH  IMPORTED GOODS AND PRODUCE. FURTHERMORE, IT IS THE ARTIC-
 ULATED PUBLIC POLICY OF THIS STATE TO PROMOTE AND FOSTER GROWTH  IN  THE
 NUMBER  OF  FARM  TO  CONSUMER ENTITIES ACCEPTING SUPPLEMENTAL NUTRITION
 ASSISTANCE BENEFITS  AND  PARTICIPATE  IN  THE  HEALTHY  FOOD  INCENTIVE
 PROGRAM.  THE HEALTHY FOOD INCENTIVE PROGRAM PROVIDES EARNED DOLLARS FOR
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM RECIPIENTS TO SPEND  ON  LOCAL
 HEALTHY FOOD THAT IS FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO
 READILY  AFFORD  OR  HAVE EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR
 THEMSELVES OR THEIR FAMILIES; PROMOTES HEALTHIER  INDIVIDUAL  LIFESTYLES
 BY  INCENTIVIZING BETTER EATING HABITS; FOSTERS THE RETENTION AND EXPAN-
 SION OF FARM TO CONSUMER ENTITIES, PARTICULARLY IN FOOD  INSECURE  ENVI-
 RONMENTS;  ENGENDERS A CLOSER RELATIONSHIP BETWEEN COMMUNITIES AND LOCAL
 FARMERS; INCREASES CAPACITY FOR LOCAL FARMS; AND STIMULATES LOCAL ECONO-
 MIES. IT IS THEREFORE THE INTENT OF THE LEGISLATURE AND THE  PURPOSE  OF
 THIS  SECTION TO CREATE A STATE OPERATED HEALTHY FOOD INCENTIVE PROGRAM,
 KNOWN AS THE NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP),  FOR  ALL  SNAP
 RECIPIENTS AND LOCAL ECONOMIES ACROSS THE STATE.
   2.  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION AND SECTION NINETY-
 FIVE-C OF THIS TITLE:
   A. "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY  ASSIST-
 ANCE.
   B.  "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
 RARY AND DISABILITY ASSISTANCE.
   C. "FARM TO CONSUMER ENTITIES" SHALL MEAN ANY SORT OF ENTERPRISE  THAT
 ALLOWS  LOCAL  FARMERS TO SELL THEIR PRODUCE AND OTHER PRODUCTS DIRECTLY
 TO THE CONSUMER, SUCH AS FARMERS MARKETS, CO-OPS, LOCALLY SOURCED COMMU-
 NITY OWNED GROCERY  STORES,  AND  COMMUNITY  SUPPORTED  AGRICULTURE,  AS
 DETERMINED BY THE COMMISSIONER WITH INPUT FROM THE COMMISSIONER OF AGRI-
 CULTURE AND MARKETS.
   D.  "LOCAL"  OR  "LOCALLY"  SHALL MEAN LOCATED WITHIN THE STATE OF NEW
 YORK, HOWEVER, IF NEIGHBORING STATES CREATE THEIR OWN HEALTHY  INCENTIVE
 PROGRAMS  THE  OFFICE  MAY  MAKE AGREEMENTS OF RECIPROCITY TO ALLOW SNAP
 BENEFICIARIES TO EARN DOLLAR REWARDS FOR THE PURCHASE OF  HEALTHY  FOODS
 FROM SUCH NEIGHBORING STATE AND MAY PLACE A BOUNDARY LIMITATION BASED ON
 DISTANCE FROM STATE LINES.
   E.  "LOCAL  HEALTHY  FOOD"  SHALL  MEAN  ANY AGRICULTURAL PRODUCT THAT
 PROVIDES NUTRITIONAL SUPPORT TO HUMANS SUCH AS PRODUCE, DAIRY, MEAT  AND
 PROCESSED  FOODS  THAT  MUST  CONSIST  OF INGREDIENTS THAT ARE GROWN AND
 CULTIVATED IN THE STATE OF NEW YORK, BUT MAY BE PROCESSED ELSEWHERE. FOR
 THE PURPOSES OF THIS PARAGRAPH, "PROCESSED FOODS"  SHALL  MEAN  ANY  RAW
 AGRICULTURAL  COMMODITIES  THAT HAVE BEEN  MILLED, CUT, CHOPPED, HEATED,
 PASTEURIZED, BLANCHED, COOKED, CANNED, FROZEN, DRIED,  DEHYDRATED,    OR
 MIXED,  AND  SHALL  CONSIST  OF  AT  LEAST SEVENTY-FIVE PERCENT OF LOCAL
 INGREDIENTS.
   F. "SIMILARLY SITUATED ENTITIES" SHALL MEAN STORES OF  ANY  SIZE  THAT
 HAVE  AGREED  TO  AND SIGNED A MEMORANDUM OF UNDERSTANDING DETAILING HOW
 THEY WILL PRIORITIZE SOURCING PRODUCE AND OTHER HEALTHY  FOODS  LOCALLY,
 AGREE  TO  GOAL METRICS TO INCREASE THEIR ABILITY TO LOCALLY SOURCE, AND
 MEET THOSE METRICS TO MAINTAIN  THEIR  HEALTHY  FOOD  INCENTIVE  PROGRAM
 PARTICIPATION.  FOR  THE PURPOSES OF THIS PARAGRAPH, "STORES" SHALL MEAN
 ANY NOT FARM TO CONSUMER PRODUCE RETAILER THAT IS  CURRENTLY  AUTHORIZED
 AS  AN  ELECTRONIC  BENEFIT  TRANSFER  RETAILER, SUCH AS GROCERY STORES,
 S. 8306--B                         97
 
 CORNER STORES, BODEGAS, FOOD MARTS, FOOD STORES, CONVENIENCE STORES,  OR
 MARKETS.
   G. "SNAP CARD" OR "SNAP BENEFIT CARD" SHALL MEAN ANY ELECTRONIC METHOD
 IN  WHICH  THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM IS ADMINISTERED
 TO BENEFICIARIES ON A CREDIT OR DEBIT CARD, INCLUDING THROUGH THE  ELEC-
 TRONIC BENEFIT TRANSFER SYSTEM DESCRIBED IN SECTION TWENTY-ONE-A OF THIS
 CHAPTER.
   3.  OFFICE  POWERS  AND DUTIES TO PROMULGATE PROGRAM. A. THE OFFICE IS
 DIRECTED TO APPLY FOR ANY NECESSARY GRANT OR WAIVER  TO  PARTICIPATE  IN
 THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM OR SIMILAR GRANT ADMINIS-
 TERED  BY  THE  UNITED STATES DEPARTMENT OF AGRICULTURE AND THE NATIONAL
 INSTITUTE OF FOOD AND AGRICULTURE FOR APPROVAL, AND TO ACT FOR THE STATE
 IN ANY NEGOTIATIONS RELATIVE TO THE  SUBMISSION  AND  APPROVAL  OF  SUCH
 PLAN,  WAIVER,  OR GRANT, AND SHALL MAKE SUCH ARRANGEMENTS AND TAKE SUCH
 ACTION, NOT INCONSISTENT WITH LAW, AS MAY  BE  REQUIRED  TO  OBTAIN  AND
 RETAIN  SUCH  APPROVAL,  TO IMPLEMENT SUCH PLAN, WAIVER, OR GRANT AND TO
 SECURE FOR THE STATE THE BENEFITS AVAILABLE.
   B. THE OFFICE SHALL ACTIVELY SEARCH FOR, FIND AND APPLY FOR GRANTS AND
 OTHER STREAMS OF FUNDING  TO  PROMULGATE  THIS  SECTION  AND  FUND  THIS
 PROGRAM.
   C.  THE  OFFICE  SHALL  PROMULGATE  RULES AND REGULATIONS AND TAKE ALL
 OTHER ACTIONS NECESSARY FOR THE EFFECTIVE CREATION AND IMPLEMENTATION OF
 NYHIP, PROVIDING EARNED DOLLARS FOR SNAP BENEFICIARIES TO SPEND ON LOCAL
 HEALTHY FOOD THAT IS FRESH  AND  NUTRITIOUS,  IN  ACCORDANCE  WITH  THIS
 SECTION.    NOTHING  IN THIS SECTION SHALL PROHIBIT OR LIMIT THE COMMIS-
 SIONER'S ABILITY TO EXPAND ACCESS TO NYHIP TO ALL NEW YORKERS,  SO  LONG
 AS  IT  CONTINUES  TO  PRIORITIZE THE EARNED DOLLARS USED TO BUY LOCALLY
 GROWN HEALTHY FOODS. NOTHING IN THIS SECTION SHALL PROHIBIT OR LIMIT THE
 OFFICE FROM INCLUDING NEW YORK GROWN AND CERTIFIED FOODS, AS CREATED  BY
 SECTION ONE HUNDRED FIFTY-SIX-H OF THE AGRICULTURE AND MARKETS LAW, FROM
 BEING INCLUDED IN NYHIP. NYHIP SHALL INCLUDE THE FOLLOWING:
   I.  A  FIXED  EARNED  DOLLAR  AMOUNT FOR THE PURCHASE OF FRESH LOCALLY
 GROWN HEALTHY FOODS USING SNAP;
   II. AUTOMATION OF EARNED DOLLAR AMOUNTS ON SNAP CARDS;
   III. AUTOMATION OF SNAP BENEFIT CARDS SO SNAP BENEFICIARIES  ARE  ABLE
 TO  PARTICIPATE  IN  LOCAL COMMUNITY SUPPORTED AGRICULTURE SUBSCRIPTIONS
 AND EARN NYHIP DOLLARS;
   IV. ENSURING NYHIP IS AVAILABLE AT ALL FARM TO CONSUMER  ENTITIES  AND
 SIMILARLY SITUATED ENTITIES BY ENCOURAGING THEM TO PARTICIPATE;
   V.  CONNECTING  FARM TO CONSUMER ENTITIES AND SIMILARLY SITUATED ENTI-
 TIES WITH THE NECESSARY  RESOURCES  AND  TECHNOLOGY  TO  PARTICIPATE  IN
 NYHIP;
   VI.  REGULAR  UPDATES  AND  MAINTENANCE  OF THE MOBILE APPLICATION AND
 WEBSITE; AND
   VII. CREATION AND MAINTENANCE OF A NYHIP OUTREACH  PROGRAM  TO  ENSURE
 ALL  SNAP  BENEFICIARIES  ARE AWARE OF THE OPPORTUNITY TO PARTICIPATE IN
 SUCH PROGRAM.
   D. THE OFFICE MAY CONTRACT WITH OUTSIDE ENTITIES TO EFFECT THE  IMPLE-
 MENTATION  AND  PROMULGATION  OF  NYHIP AND SHALL GIVE GREATER WEIGHT TO
 ENTITIES THAT MANAGE HEALTHY INCENTIVE PROGRAMS IN THE STATE WHEN DETER-
 MINING CONTRACT AWARD.
   E. THE OFFICE SHALL ESTABLISH A GRANT PROGRAM,  FOR  FARMERS,  FARMERS
 MARKETS,  AND COMMUNITY-SUPPORTED AGRICULTURE PARTNERSHIPS, IN ATTAINING
 ANY TECHNOLOGY NEEDED  TO  TAKE  PAYMENT  FROM  SNAP  BENEFICIARIES  AND
 PARTICIPATE IN NYHIP. THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF
 AGRICULTURE  AND  MARKETS, SHALL ESTABLISH AN OUTREACH PROGRAM FOR FARM-
 S. 8306--B                         98
 
 ERS, FARMERS MARKETS, AND COMMUNITY-SUPPORTED  AGRICULTURE  PARTNERSHIPS
 TO  BE INFORMED OF NYHIP AND THE AVAILABILITY OF THE TECHNOLOGICAL GRANT
 DESCRIBED ABOVE.
   4.  NYHIP  MOBILE  APPLICATION, WEBSITE AND INTERACTIVE MAP. A. I. THE
 OFFICE SHALL ESTABLISH A MOBILE APPLICATION AND WEBSITE TO PROMOTE NYHIP
 AND LOCATIONS AVAILABLE TO SNAP RECIPIENTS ACROSS THE STATE AND  PROMOTE
 FARM  TO  CONSUMER  ENTITIES  THAT TAKE SNAP. THE MOBILE APPLICATION AND
 WEBSITE SHALL INCLUDE, BUT IS NOT LIMITED TO:
   A. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS, AS AVAILABLE, TO ALL FARM TO CONSUMER ENTITIES THAT SELL  LOCALLY
 GROWN HEALTHY FOOD AND ACCEPT SNAP BENEFITS; AND
   B. NAME, LOCATION, HOURS OF OPERATION, CONTACT INFORMATION, AND HYPER-
 LINKS,  AS  AVAILABLE, TO ALL FARMERS MARKETS, MOBILE MARKETS, COMMUNITY
 SUPPORTED AGRICULTURE, OR SIMILARLY SITUATED ENTITIES THAT SELL  LOCALLY
 GROWN HEALTHY FOOD THAT ARE PARTICIPANTS OF NYHIP.
   II.  THE MOBILE APPLICATION AND WEBSITE SHOULD HAVE AN INTERACTIVE MAP
 WHERE A USER MAY FIND FARM TO CONSUMER ENTITIES THAT TAKE SNAP  AND  ARE
 NYHIP  PARTICIPANTS.  THIS  INFORMATION  SHOULD  ALSO  BE  SEARCHABLE BY
 TOWN/CITY, COUNTY, REGION OR ANY OTHER CRITERIA THE  COMMISSIONER  DEEMS
 RELEVANT.
   III. THE MOBILE APPLICATION AND WEBSITE SHOULD MAKE CLEAR DISTINCTIONS
 BETWEEN FARM TO CONSUMER ENTITIES THAT JUST TAKE SNAP AND THOSE THAT ARE
 PARTICIPANTS OF NYHIP.
   B.  EACH  COMMISSIONER  OF  SOCIAL  SERVICES SHALL PROVIDE INFORMATION
 REGARDING NYHIP ON THEIR WEBSITE  AND  HYPERLINKS  TO  THIS  INTERACTIVE
 WEBSITE  AND  WHERE TO DOWNLOAD THE MOBILE APPLICATION ON THE SNAP PAGES
 OF ALL SOCIAL SERVICES WEBSITES.
   C. THE OFFICE SHALL ESTABLISH PROCEDURES FOR FARM TO CONSUMER ENTITIES
 THAT ACCEPT SNAP BENEFITS AND NYHIP TO PROVIDE THE  UPDATED  INFORMATION
 DETAILED  ABOVE  FOR  THE  MOBILE APPLICATION AND WEBSITE. IN DEVELOPING
 SUCH PROCEDURES, THE OFFICE SHALL PROVIDE A SYSTEM IN WHICH THE INFORMA-
 TION REQUIRED IN THE MOBILE APPLICATION AND WEBSITE IS  UPDATED  MONTHLY
 AND CONTINUOUS MAINTENANCE IS PROVIDED.
   D.  THE  OFFICE  SHALL  PROMULGATE  RULES AND REGULATIONS AND TAKE ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.    NOTHING  IN THIS SECTION SHALL PROHIBIT OR LIMIT THE DEPART-
 MENT'S ABILITY TO EXPAND ACCESS TO THE NYHIP INCENTIVE  PROGRAM  MAP  TO
 ALL NEW YORKERS.
   § 2. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section  1. Section 95 of the social services law is amended by adding
 a new subdivision 12 to read as follows:
   12. (A) THE OFFICE SHALL PROMPTLY SEEK ANY  NECESSARY  APPROVALS  FROM
 THE  UNITED  STATES DEPARTMENT OF AGRICULTURE FOOD AND NUTRITION SERVICE
 (USDA) TO AUTOMATE THE USE OF SNAP BENEFIT CARDS TO STREAMLINE THE PROC-
 ESS FOR POTENTIAL AND CURRENT RECIPIENTS TO PARTICIPATE IN LOCALLY GROWN
 FRESH FOOD SUBSCRIPTION SERVICES, SUCH AS COMMUNITY  SUPPORTED  AGRICUL-
 TURE  PARTNERSHIPS,  BY  CONDUCTING  AN  AUTOMATIC DEDUCTION ON A WEEKLY
 BASIS. THE OFFICE SHALL ALSO CREATE AN AUTOMATION PROCESS  FOR  THE  NEW
 YORK  HEALTHY INCENTIVE PROGRAM (NYHIP) AS PRESCRIBED IN SECTION NINETY-
 FIVE-B OF THIS TITLE, BY ALLOWING THE STATE TO ADD  THE  ACCRUED  INCEN-
 TIVES  DIRECTLY TO A SNAP CARD. ONCE THE OFFICE RECEIVES THE WAIVER, THE
 OFFICE SHALL WORK WITH THE USDA AND NYHIP TO ENSURE THAT ANY  INCENTIVES
 ACCRUED  ARE  USED  BY SNAP BENEFICIARIES TO PURCHASE LOCAL FOOD THAT IS
 S. 8306--B                         99
 
 FRESH AND NUTRITIOUS FOR THOSE WHO MAY BE UNABLE TO  READILY  AFFORD  OR
 HAVE  EASY ACCESS TO FRESH FRUITS AND VEGETABLES FOR THEMSELVES OR THEIR
 FAMILIES. THE OFFICE SHALL PROMPTLY SEEK ANY  NECESSARY  APPROVALS  FROM
 THE  USDA  IN ORDER TO MAXIMIZE AVAILABILITY OF NYHIP PURCHASING OPTIONS
 THROUGHOUT THE STATE.
   (B) THE OFFICE SHALL ENSURE SNAP BENEFICIARIES AND LOCALLY GROWN FRESH
 FOOD SUBSCRIPTION SERVICES,  SUCH  AS  COMMUNITY  SUPPORTED  AGRICULTURE
 PARTNERSHIPS, ARE HELD HARMLESS UNDER SITUATIONS IN WHICH SNAP BENEFICI-
 ARIES LOSE BENEFITS DURING THEIR SUBSCRIPTION CONTRACT. THE OFFICE SHALL
 HONOR  THE  ENTIRETY OF THE SUBSCRIPTION SERVICE CONTRACT AT THE EXPENSE
 OF THE STATE.
   (C)  WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE  OF  THIS
 SUBDIVISION,  THE OFFICE SHALL APPLY FOR A WAIVER OR ANY OTHER NECESSARY
 MEASURE TO THE USDA TO AUTOMATE THE USE OF SNAP IN THE STATE TO  STREAM-
 LINE NYHIP AND INCREASE ACCESS TO LOCALLY GROWN CSA SUBSCRIPTIONS.
   (D)  FOR  THE PURPOSES OF THIS SUBDIVISION, "COMMUNITY SUPPORTED AGRI-
 CULTURE PARTNERSHIPS" OR "CSA" SHALL MEAN A SYSTEM THAT CONNECTS FARMERS
 AND CONSUMERS BY ALLOWING THE CONSUMER TO INVEST IN FARMERS BY SUBSCRIB-
 ING TO A HARVEST OF A CERTAIN FARM OR GROUP OF FARMS,  USUALLY  DONE  BY
 CROP SEASON BUT MAY BE YEAR ROUND.
   § 2. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section  1. The social services law is amended by adding a new section
 95-c to read as follows:
   § 95-C. NEW YORK HEALTHY INCENTIVE PROGRAM (NYHIP)  OUTREACH  PROGRAM.
 1.    IN  ACCORDANCE  WITH  FEDERAL  REQUIREMENTS AND TO THE EXTENT THAT
 FEDERAL MATCHING FUNDS ARE  AVAILABLE,  THE  OFFICE  SHALL  DEVELOP  AND
 IMPLEMENT  AN  OUTREACH PLAN TO INFORM LOW-INCOME HOUSEHOLDS POTENTIALLY
 ELIGIBLE TO RECEIVE FOOD STAMPS AND PARTICIPATE IN  NYHIP  TO  ENCOURAGE
 THE PARTICIPATION OF ELIGIBLE HOUSEHOLDS THAT WISH TO PARTICIPATE.
   2. IN DEVELOPING AND IMPLEMENTING SUCH A PLAN THE OFFICE IS AUTHORIZED
 AND EMPOWERED, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET AND
 PROVIDED  THAT FEDERAL AID IS AVAILABLE THEREFOR, TO ENTER INTO CONTRAC-
 TUAL AGREEMENTS WITH PUBLIC AND/OR PRIVATE ORGANIZATIONS TO DEVELOP  AND
 IMPLEMENT LOCAL, REGIONAL, AND STATEWIDE OUTREACH PROGRAMS.
   3.  EACH  COMMISSIONER  OF SOCIAL SERVICES SHALL DEVELOP AND SUBMIT TO
 THE OFFICE ON AN ANNUAL BASIS FOR ITS APPROVAL, A  LOCAL  OUTREACH  PLAN
 GOVERNING  THE  USE  OF  LOCAL  SOCIAL  SERVICES  PERSONNEL AND SERVICES
 PROVIDED BY FEDERALLY FUNDED AND OTHER  AGENCIES  AND  ORGANIZATIONS  TO
 INFORM  POTENTIALLY ELIGIBLE HOUSEHOLDS OF THE AVAILABILITY AND BENEFITS
 OF NYHIP AND TO ENCOURAGE AND FACILITATE THE PARTICIPATION  OF  ELIGIBLE
 HOUSEHOLDS.  THE  OFFICE  SHALL PROVIDE COMMISSIONERS OF SOCIAL SERVICES
 WITH TECHNICAL ASSISTANCE AS NEEDED TO CARRY OUT THE PROVISIONS OF  THIS
 SUBDIVISION.
   4.  AS  PART  OF  EACH  LOCAL OUTREACH PLAN, SOCIAL SERVICES OFFICIALS
 SHALL TAKE ALL STEPS NECESSARY TO MAINTAIN A SUPPLY OF INFORMATION LEAF-
 LETS IN PUBLIC BUILDINGS, INCLUDING BUT NOT LIMITED TO  LOCAL  UNEMPLOY-
 MENT  INSURANCE  AND  EMPLOYMENT  SERVICES  OFFICES OF THE DEPARTMENT OF
 LABOR, INSTITUTIONS AND FACILITIES UNDER THE SUPERVISION OR  CONTROL  OF
 THE  DEPARTMENT  OF HEALTH, FOOD STORES, UNION HALLS, COMMUNITY CENTERS,
 ENTITIES PARTICIPATING IN NYHIP, AND LOCAL AGENCIES  PROVIDING  SERVICES
 TO  THE ELDERLY TO HELP ENSURE THAT ELIGIBLE PERSONS ARE INFORMED OF THE
 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND  NYHIP.  ADDITIONALLY,  AS
 PART  OF THE LOCAL OUTREACH PLAN, SOCIAL SERVICES OFFICIALS SHALL ENSURE
 S. 8306--B                         100
 
 THAT EVERY  NEW  SUPPLEMENTAL  NUTRITION  ASSISTANCE  PROGRAM  APPLICANT
 RECEIVES  INFORMATION  ON  NYHIP  UPON  SUBMISSION OF AN APPLICATION AND
 SHALL PROVIDE SUCH INFORMATION IN THE HOME  LANGUAGE  OF  THE  APPLICANT
 PURSUANT TO ANY FEDERAL AND STATE LAWS, RULES AND REGULATIONS.
   5.  THE OFFICE SHALL PERIODICALLY DISTRIBUTE TO ALL NEWSPAPERS, AND TO
 TELEVISION AND RADIO  STATIONS  THROUGHOUT  THE  STATE,  PUBLIC  SERVICE
 ANNOUNCEMENTS  DESCRIBING NYHIP, INCLUDING THE NYHIP INTERACTIVE MAP AND
 WEBSITE, AND SHALL PROMPTLY INFORM SUCH MEDIA OF SIGNIFICANT CHANGES  IN
 THE  PROGRAM  AFFECTING  ELIGIBILITY  REQUIREMENTS  AND/OR THE AMOUNT OF
 NYHIP EARNINGS.
   6. THE OFFICE SHALL  ESTABLISH  PROCEDURES  IN  COOPERATION  WITH  THE
 INDUSTRIAL COMMISSIONER OF THE DEPARTMENT OF LABOR TO ENSURE THAT INFOR-
 MATIONAL LEAFLETS ABOUT NYHIP ARE SENT TO EACH LOCAL EMPLOYMENT SERVICES
 OFFICE  FOR  DISTRIBUTION  PURSUANT TO SECTION FIVE HUNDRED FORTY OF THE
 LABOR LAW. EACH LEAFLET SHALL INCLUDE, BUT NOT BE LIMITED TO: THE  PHONE
 NUMBER  FOR  THE  NEW  YORK  STATE FOOD STAMP HOTLINE; HOW TO ACCESS THE
 NYHIP WEBSITE AND INTERACTIVE MAP; HOW  SNAP  BENEFICIARIES  EARN  NYHIP
 BENEFITS  BUYING LOCAL HEALTHY FOODS; ESTIMATED MAXIMUM INCOME ELIGIBIL-
 ITY LEVELS BY HOUSEHOLD SIZE FOR PARTICIPATION IN SNAP; AND  THE  AVAIL-
 ABILITY  OF  LOCAL  SOCIAL  SERVICES  DEPARTMENTS  TO PROVIDE ADDITIONAL
 INFORMATION ABOUT NYHIP.
   7. IN ACCORDANCE WITH APPLICABLE FEDERAL AND  STATE  LAWS,  RULES  AND
 REGULATIONS,  THE  OFFICE  SHALL  MAKE  AVAILABLE APPROPRIATE TRANSLATED
 MATERIALS SO THAT POTENTIALLY ELIGIBLE NON-ENGLISH SPEAKING  INDIVIDUALS
 MAY BE INFORMED ABOUT NYHIP.
   8.  THE  OFFICE  SHALL  PROMULGATE  RULES AND REGULATIONS AND TAKE ALL
 OTHER  ACTIONS  NECESSARY  FOR  THE  EFFECTIVE  IMPLEMENTATION  OF  THIS
 SECTION.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately; provided,  however,  that
 the  applicable effective date of Subparts A through C of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART BB
 
   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 CC
 S. 8306--B                         101
 
   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
 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-
 S. 8306--B                         102

 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 DD
 
   Section  1.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 10 to read as follows:
   10. A SOCIAL SERVICES DISTRICT SHALL  PROVIDE  CHILD  CARE  ASSISTANCE
 FUNDED  UNDER  THE  BLOCK GRANT FOR ADDITIONAL OR DIFFERENT HOURS THAN A
 PARENT OR CARETAKER SPENDS IN WORK, TRAINING, EDUCATIONAL ACTIVITIES  OR
 OTHER REASONS FOR CARE DESIGNATED BY THE SOCIAL SERVICES DISTRICT IN ITS
 CONSOLIDATED  SERVICES PLAN IN ACCORDANCE WITH PARAGRAPH (E) OF SUBDIVI-
 SION ONE OF SECTION FOUR HUNDRED TEN-W OF THIS TITLE, INCLUDING, BUT NOT
 LIMITED TO, PAYING FOR FULL-TIME CHILD CARE ASSISTANCE REGARDLESS OF THE
 HOURS OF THE ACTIVITY OF THE PARENT'S OR CARETAKER'S REASON FOR CARE.
   § 2. Section 410-w of the social services law is amended by  adding  a
 new subdivision 1-a to read as follows:
   1-A.  FOR  ALL FAMILIES ELIGIBLE FOR CHILD CARE ASSISTANCE PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION, A SOCIAL SERVICES  DISTRICT  SHALL  NOT
 LIMIT  AUTHORIZED CHILD CARE SERVICES STRICTLY BASED ON THE HOURS DURING
 WHICH THE PARENT OR CARETAKER IS ENGAGED IN  WORK,  EDUCATION  OR  OTHER
 ACTIVITY  OR  THE  NUMBER OF HOURS THE PARENT OR CARETAKER IS ENGAGED IN
 ANY SUCH REASONS FOR CARE.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
                                  PART EE
 
   Section  1.  (a) There is hereby established a fiscal cliff task force
 to study fiscal cliffs in the state's  public  assistance  programs  and
 make  recommendations on how to reduce and eliminate such fiscal cliffs.
 For the purposes of this section, the term "fiscal cliff" shall  mean  a
 S. 8306--B                         103
 
 sudden  decrease in public benefits that can occur with a small increase
 in earnings.
   (b)  (i)  The  task  force  shall consist of nineteen members, each to
 serve for a term  ending  December  31,  2026.  Such  members  shall  be
 appointed  as follows:   two members shall be appointed by the temporary
 president of the senate; one member shall be appointed by  the  minority
 leader  of  the senate; two members shall be appointed by the speaker of
 the assembly; one member shall be appointed by the  minority  leader  of
 the  assembly;  five  members  shall be appointed by the governor; three
 local social services district commissioners or their  designees  having
 relevant  experience in administering public benefits shall be appointed
 by the governor, of which one district shall have five million  or  more
 inhabitants;  the commissioner of the office of temporary and disability
 assistance or such commissioner's designee; the commissioner  of  health
 or  such  commissioner's  designee;  the  commissioner  of  taxation and
 finance or such commissioner's designee; the commissioner of the depart-
 ment of labor or such commissioner's designee; the commissioner  of  the
 office  of children and family services or such commissioner's designee.
 Appointments shall be made within sixty days of the  effective  date  of
 this  section. Vacancies in the task force shall be filled in the manner
 provided for original appointments.
   (ii) All appointments shall be coordinated to ensure geographic repre-
 sentation from the entire state.
   (iii) The task force shall elect a chair, vice-chair, and other neces-
 sary officers from among all appointed members.
   (iv) A majority of the members of the task force then in office  shall
 constitute  a  quorum for the transaction of business or the exercise of
 any power or function of the task force. An act, determination or  deci-
 sion  of  the  majority  of the members present during the presence of a
 quorum shall be held to be the act, determination, or  decision  of  the
 task force.
   (v)  The  task  force shall meet at least quarterly at the call of the
 chair. Meetings may be held via teleconference. Special meetings may  be
 called  by  the chair at the request of a majority of the members of the
 task force.
   (vi) Members of the task force shall receive no compensation for their
 services but shall be reimbursed for their actual expenses  incurred  in
 the performance of their duties in the work of the task force.
   (c) The task force shall:
   (i)  conduct  a  study  on  the fiscal cliffs in the state. Such study
 shall include, but not be limited to: public  assistance  programs;  the
 supplemental  nutrition  assistance  program  (SNAP);  the  home  energy
 assistance program (HEAP); housing assistance; the child care tax credit
 and other tax credits; the school tax relief program  (STAR)  and  other
 real  property tax credits and reductions; Medicaid; NY state of health,
 the official health plan  marketplace;  child  care  subsidies  tied  to
 income;  cash  benefits;  effective  tax rates; and any other program or
 service provided by the state or any political subdivision thereof which
 is tied to income;
   (ii) study the causes and reasons why fiscal cliffs occur to  individ-
 uals  on  public  benefits,  including but not limited to, the impact of
 current public assistance programs  monetary  allotments,  asset  tests,
 asset  limits,  and  income  disregards, as well as how minimum wage and
 other earnings may impact those receiving public benefits; and
   (iii) recommend ways to reduce and/or eliminate fiscal cliffs  includ-
 ing,  but not limited to, recommending program and policy modifications,
 S. 8306--B                         104

 amendments to the law, including but not limited to possible changes  in
 calculating  and  paying the earned income tax credit or other tax cred-
 its, changes to the New York codes, rules and regulations, and any other
 recommendation the task force deems appropriate.
   (d) The task force may, as it deems appropriate, request that studies,
 surveys,  or  analyses relating to the task force's powers and duties be
 performed by any state department, commission, agency or public authori-
 ty. All state departments, commissions, agencies or  public  authorities
 shall  provide  information  and advice in a timely manner and otherwise
 assist the task force with its work.
   (e) The office of temporary and disability  assistance  shall  provide
 staff  services  to the task force and such other administrative assist-
 ance as may be necessary for the task force to  carry  out  its  duties,
 functions and powers.
   (f) The task force shall make a preliminary report to the governor and
 the legislature of its findings, conclusions, recommendations and activ-
 ities  already  undertaken  by the task force, not later than January 1,
 2026, and a final report of its findings,  conclusions,  recommendations
 and  activities  already  undertaken  by  the task force, not later than
 September  1,  2026  and  shall  submit  with  its  reports  legislative
 proposals as it deems necessary to implement its recommendations.
   §  2.  This  act  shall take effect immediately and shall expire three
 years after it  shall  have  become  a  law  when  upon  such  date  the
 provisions of this act shall be deemed repealed.
 
                                  PART FF
 
   Section  1.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 10 to read as follows:
   10. A SOCIAL SERVICES DISTRICT SHALL  ESTABLISH  DIFFERENTIAL  PAYMENT
 RATES  FOR  CHILD  CARE  SERVICES  PROVIDED  BY  LICENSED, REGISTERED OR
 ENROLLED CHILD CARE PROVIDERS AS REQUIRED BY THIS SUBDIVISION.
   (A) LOCAL SOCIAL SERVICES DISTRICTS  SHALL  ESTABLISH  A  DIFFERENTIAL
 PAYMENT  RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR REGISTERED
 OR ENROLLED CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN
 EXPERIENCING HOMELESSNESS. SUCH DIFFERENTIAL PAYMENT RATE  SHALL  BE  NO
 LESS  THAN TEN PERCENT HIGHER BUT NO GREATER THAN FIFTEEN PERCENT HIGHER
 THAN THE ACTUAL COST OF CARE OR THE  APPLICABLE  MARKET-RELATED  PAYMENT
 RATE ESTABLISHED BY THE OFFICE IN REGULATIONS, WHICHEVER IS LESS.
   (B)  LOCAL  SOCIAL  SERVICES  DISTRICTS SHALL ESTABLISH A DIFFERENTIAL
 PAYMENT RATE FOR CHILD CARE SERVICES PROVIDED BY  LICENSED,  REGISTERED,
 OR  ENROLLED  CHILD  CARE  PROVIDERS  WHO PROVIDE CARE TO A CHILD DURING
 NONTRADITIONAL HOURS. NONTRADITIONAL HOURS SHALL MEAN CARE  PROVIDED  IN
 THE  EVENING,  NIGHT  OR  ON THE WEEKEND. SUCH DIFFERENTIAL PAYMENT RATE
 SHALL BE NO LESS THAN TEN PERCENT HIGHER BUT  NO  GREATER  THAN  FIFTEEN
 PERCENT HIGHER THAN THE ACTUAL COST OF CARE OR THE APPLICABLE MARKET-RE-
 LATED  PAYMENT  RATE ESTABLISHED BY THE OFFICE IN REGULATIONS, WHICHEVER
 IS LESS.
   (C) LOCAL SOCIAL SERVICES DISTRICTS MAY ESTABLISH DIFFERENTIAL PAYMENT
 RATES THAT ARE HIGHER THAN THE ACTUAL COST OF CARE OR APPLICABLE  MARKET
 RATE  FOR  CHILD CARE SERVICES PROVIDED IN ANY OTHER SITUATION THEY DEEM
 APPROPRIATE TO INCENTIVIZE LICENSED, REGISTERED OR ENROLLED  CHILD  CARE
 PROVIDERS TO SERVE ELIGIBLE FAMILIES IN NEED OF CARE.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.
 S. 8306--B                         105
 
                                  PART GG
 
   Section  1.  The education law is amended by adding a new article 13-D
 to read as follows:
                               ARTICLE 13-D
           TUITION ASSISTANCE PROGRAM AWARDS FOR DUAL ENROLLMENT
                                COURSEWORK
 SECTION 645. TUITION ASSISTANCE PROGRAM AWARDS FOR  DUAL  OR  CONCURRENT
                ENROLLMENT COURSEWORK.
   §  645.  TUITION  ASSISTANCE  PROGRAM  AWARDS  FOR  DUAL OR CONCURRENT
 ENROLLMENT COURSEWORK. 1. LEGISLATIVE  INTENT.  THE  LEGISLATURE  HEREBY
 FINDS  AND DECLARES IT NECESSARY TO PROMOTE ON TIME AND EARLY GRADUATION
 THROUGH SUPPORTING ACCESS TO COLLEGE-LEVEL COURSES  AND  COLLEGE  DEGREE
 CREDITS  AT  THE  SECONDARY  LEVEL  WITH  INNOVATIVE  PARTNERSHIPS AMONG
 SECONDARY AND POST-SECONDARY SCHOOLS, STAFF AND RESOURCES. THE  LEGISLA-
 TURE  ALSO  VALUES  EARLY COLLEGE HIGH SCHOOL PROGRAMS, P-TECH PROGRAMS,
 AND OTHER DUAL OR CONCURRENT ENROLLMENT PROGRAMS WHICH NOT ONLY INCREASE
 STUDENTS' ACCESS TO HIGHER EDUCATION, BUT ALSO  REDUCE  POTENTIAL  COSTS
 FOR  STUDENTS  IN  COMPLETING COLLEGE DEGREES BY ALLOWING THEM TO EITHER
 COMPLETE A DEGREE UPON GRADUATION FROM HIGH SCHOOL  OR  TO  APPLY  THEIR
 EARNED  COLLEGE  CREDITS TOWARD A BACCALAUREATE DEGREE. THIS LEGISLATION
 PROVIDES INCENTIVES FOR HIGH SCHOOL STUDENTS TO PROCEED TO  COLLEGE  AND
 TO  EARN  A  COLLEGE  DEGREE BY ACCELERATING THEIR OVERALL COMPLETION OF
 SUCH A  DEGREE.  IT  ALSO  BETTER  PREPARES  HIGH  SCHOOL  STUDENTS  FOR
 COLLEGE-LEVEL  COURSEWORK,  WHICH  WILL IN TURN, INCREASE THEIR ACADEMIC
 PERFORMANCE. ULTIMATELY, DUAL OR CONCURRENT ENROLLMENT PROGRAMS INCREASE
 GRADUATION RATES BOTH AT THE HIGH SCHOOL AND COLLEGE LEVELS.
   THE LEGISLATURE HEREBY FINDS AND  DECLARES  IT  NECESSARY  TO  PROVIDE
 FUNDING  FOR  DUAL OR CONCURRENT ENROLLMENT PROGRAMS TO ENSURE ACCESS TO
 HIGH QUALITY PROGRAMMING THAT CONTINUES TO  INNOVATE  AND  CONTINUES  TO
 GROW  THROUGH  PERFORMANCE  BASED  RESULTS.   STUDENTS WILL REQUIRE LESS
 TUITION ASSISTANCE FUNDS (TAP) TO COMPLETE THEIR DEGREE AT THE POST-SEC-
 ONDARY LEVEL AND POTENTIALLY AVOID  NEW DEBT.
   2. ESTABLISHMENT OF DUAL OR CONCURRENT ENROLLMENT  TUITION  ASSISTANCE
 PROGRAM  AWARDS.    NOTWITHSTANDING  ANY RULE, REGULATION, OR LAW TO THE
 CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO AWARD DUAL OR CONCURRENT
 ENROLLMENT PROGRAM AWARDS FOR PAYMENT ANNUALLY, BEGINNING WITH  THE  TWO
 THOUSAND  TWENTY-THREE--TWO  THOUSAND  TWENTY-FOUR  ACADEMIC YEAR AND IN
 EACH  ACADEMIC  YEAR  THEREAFTER,  THROUGH  THE  DEPARTMENT,  TO  SCHOOL
 DISTRICTS  IN  WHICH DUAL OR CONCURRENT ENROLLMENT PROGRAMS ARE LOCATED,
 UPON APPLICATION BY SUCH SCHOOL DISTRICTS, AND IN SUCH  AMOUNTS  AS  ARE
 AUTHORIZED TO BE PAID BY SUBDIVISION FIVE OF THIS SECTION.
   3. DEFINITIONS. FOR PURPOSES OF THIS SECTION:
   A.  "DUAL  OR  CONCURRENT ENROLLMENT PROGRAM" MEANS A PROGRAM OF STUDY
 THAT PROVIDES POST-SECONDARY  COURSEWORK  OUTSIDE  OF  A  POST-SECONDARY
 SETTING  FOR  ELIGIBLE  STUDENTS  ENROLLED  IN PROGRAMS WITH HIGH SCHOOL
 COURSES LEADING TO THE GRANTING OF A HIGH SCHOOL  DIPLOMA  AND  COLLEGE-
 LEVEL CREDIT LEADING TO THE GRANTING OF A POST-SECONDARY DEGREE, DIPLOMA
 OR  CERTIFICATE AT A POST-SECONDARY INSTITUTION. SUCH DUAL OR CONCURRENT
 ENROLLMENT PROGRAM SHALL HAVE A WRITTEN AGREEMENT  BETWEEN  THE  PARTIC-
 IPATING HIGH SCHOOL AND AN INSTITUTION OF HIGHER EDUCATION LOCATED WITH-
 IN NEW YORK STATE OUTLINING POLICIES FOR THE ACADEMIC PROGRAM INCLUDING,
 BUT NOT LIMITED TO, THE TYPE OF DEGREE AND CREDITS AWARDED.
   B. "ELIGIBLE STUDENT" MEANS A STUDENT WHO:
 S. 8306--B                         106
 
   (I)  HAS GRADUATED FROM A DUAL OR CONCURRENT ENROLLMENT PROGRAM IN THE
 TWO THOUSAND TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE  ACADEMIC  YEAR  OR
 THEREAFTER;
   (II) IS MATRICULATED IN AN APPROVED PROGRAM LEADING TO THE GRANTING OF
 A  POST-SECONDARY  DEGREE  AT  A  POST-SECONDARY INSTITUTION ELIGIBLE TO
 PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM;
   (III) MEETS THE ELIGIBILITY CRITERIA FOR A GENERAL AWARD  PURSUANT  TO
 SECTION SIX HUNDRED SIXTY-ONE OF THIS TITLE;
   (IV)  IS  ELIGIBLE  FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS TITLE; AND
   (V) HAS RECEIVED DEGREE GRANTING CREDIT FROM A POST-SECONDARY INSTITU-
 TION ELIGIBLE TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM  FOR  THE
 COURSEWORK  UNDERTAKEN  IN  THE  APPROVED  DUAL OR CONCURRENT ENROLLMENT
 PROGRAM.
   4. PART-TIME STUDY. A STUDENT WHO OTHERWISE SATISFIES THE  ELIGIBILITY
 REQUIREMENTS  SET  FORTH  IN  PARAGRAPH  B  OF SUBDIVISION THREE OF THIS
 SECTION AND IS ENROLLED AT LEAST HALF-TIME AT A POST-SECONDARY  INSTITU-
 TION  ELIGIBLE  TO  PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM, SHALL
 ALSO BE DEEMED AN ELIGIBLE STUDENT.
   5. AMOUNT. THE COMMISSIONER SHALL MAKE AN AWARD TO THE SCHOOL DISTRICT
 IN WHICH THE DUAL OR CONCURRENT ENROLLMENT PROGRAM IS LOCATED  FOR  EACH
 ELIGIBLE STUDENT IN AN AMOUNT CERTIFIED BY THE PRESIDENT.
   §  2.  The  education  law is amended by adding a new section 669-i to
 read as follows:
   § 669-I. DUAL OR CONCURRENT ENROLLMENT  AWARD  PROGRAM.  1.    CERTIF-
 ICATION.  FOR EACH STUDENT IDENTIFIED BY THE POST-SECONDARY INSTITUTION,
 WHICH SHALL  BE  ELIGIBLE  TO  PARTICIPATE  IN  THE  TUITION  ASSISTANCE
 PROGRAM,  SHALL  CERTIFY  TO  THE PRESIDENT: (I) WHETHER SUCH STUDENT IS
 ELIGIBLE FOR A TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO SECTION  SIX
 HUNDRED SIXTY-SEVEN OF THIS SUBPART; (II) WHETHER SUCH STUDENT MEETS THE
 ELIGIBILITY CRITERIA FOR A GENERAL AWARD PURSUANT TO SECTION SIX HUNDRED
 SIXTY-ONE  OF  THIS  PART;  (III)  WHETHER  SUCH  STUDENT  SATISFIES THE
 REQUIREMENT SET FORTH IN SUBDIVISION FOUR OF SECTION SIX HUNDRED  FORTY-
 FIVE  OF  THIS  TITLE;  (IV)  THE NUMBER OF DEGREE GRANTING CREDITS SUCH
 STUDENT RECEIVED FROM THE POST-SECONDARY INSTITUTION FOR THE  COURSEWORK
 UNDERTAKEN  IN  THE  DUAL OR CONCURRENT ENROLLMENT PROGRAM; AND (V) SUCH
 OTHER INFORMATION AS THE COMMISSIONER AND/OR THE PRESIDENT  DEEM  NECES-
 SARY  TO ADMINISTER THE PROGRAM. THE PRESIDENT SHALL CERTIFY THIS INFOR-
 MATION AND THE AMOUNT OF THE AWARD CALCULATED IN ACCORDANCE WITH  SUBDI-
 VISION TWO OF THIS SECTION TO THE COMMISSIONER.
   2.  CALCULATION  OF  AWARD AMOUNTS. THE PRESIDENT SHALL BE RESPONSIBLE
 FOR CALCULATING THE DOLLAR AMOUNT OF EACH AWARD IN AN  AMOUNT  EQUAL  TO
 THE  PRODUCT OF:   THE NUMBER OF DEGREE GRANTING CREDITS ACCEPTED BY THE
 ELIGIBLE STUDENT'S POST-SECONDARY INSTITUTION FOR COURSEWORK  UNDERTAKEN
 IN  THE  DUAL OR CONCURRENT ENROLLMENT PROGRAM FOR SUCH ELIGIBLE STUDENT
 AND THE DOLLAR AMOUNT ESTABLISHED  FOR  ONE  CREDIT  FOR  SUCH  ELIGIBLE
 STUDENT.  FOR AN ELIGIBLE STUDENT ENROLLED FULL-TIME AT A POST-SECONDARY
 INSTITUTION  ELIGIBLE  TO PARTICIPATE IN THE TUITION ASSISTANCE PROGRAM,
 THE DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED  AS  THE  QUOTIENT
 OF:  THE ELIGIBLE STUDENT'S TUITION ASSISTANCE PROGRAM AWARD PURSUANT TO
 SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART; AND THE MINIMUM  NUMBER
 OF  CREDITS REQUIRED FOR FULL-TIME STUDY AS DEFINED BY THE COMMISSIONER.
 FOR AN ELIGIBLE STUDENT ENROLLED PART-TIME AT A POST-SECONDARY  INSTITU-
 TION  ELIGIBLE  TO  PARTICIPATE  IN  THE TUITION ASSISTANCE PROGRAM, THE
 DOLLAR AMOUNT FOR ONE CREDIT SHALL BE ESTABLISHED AS  THE  QUOTIENT  OF:
 THE  AVERAGE  TUITION  ASSISTANCE  PROGRAM  AWARD  PAID TO ALL PART-TIME
 S. 8306--B                         107

 TUITION ASSISTANCE PROGRAM RECIPIENTS, PURSUANT TO SECTION  SIX  HUNDRED
 SIXTY-SIX OF THIS SUBPART, FROM THE ACADEMIC YEAR TWO YEARS PRIOR TO THE
 ACADEMIC  YEAR  IN WHICH THE AWARD IS TO BE MADE; AND THE AVERAGE NUMBER
 OF CREDITS TAKEN BY SUCH RECIPIENTS.
   3. AWARD DISBURSEMENT. ANNUAL AWARD DISBURSEMENTS SHALL BE THE RESPON-
 SIBILITY  OF  THE COMMISSIONER THROUGH A JOINT AGREEMENT WITH THE PRESI-
 DENT AND SHALL BE MADE DIRECTLY TO THE SCHOOL DISTRICT IN WHICH THE DUAL
 OR CONCURRENT ENROLLMENT PROGRAM IS LOCATED USING FUNDS APPROPRIATED  TO
 THE TUITION ASSISTANCE PROGRAM.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for implementation of this act on its effective date are  authorized  to
 be made and completed on or before such date.
 
                                  PART HH
 
   Section  1.  The public housing law is amended by adding a new article
 14-A to read as follows:
                               ARTICLE 14-A
                      HOUSING ACCESS VOUCHER PROGRAM
 SECTION 605. LEGISLATIVE FINDINGS.
         606. DEFINITIONS.
         607. HOUSING ACCESS VOUCHER PROGRAM.
         608. ELIGIBILITY.
         609. FUNDING ALLOCATION AND DISTRIBUTION.
         610. PAYMENT OF HOUSING VOUCHERS.
         611. LEASES AND TENANCY.
         612. RENTAL OBLIGATION.
         613. MONTHLY ASSISTANCE PAYMENT.
         614. INSPECTION OF UNITS.
         615. RENT.
         616. VACATED UNITS.
         617. LEASING OF UNITS OWNED BY A HOUSING  ACCESS  VOUCHER  LOCAL
                ADMINISTRATOR.
         618. VERIFICATION OF INCOME.
         619. DIVISION OF AN ASSISTED FAMILY.
         620. MAINTENANCE OF EFFORT.
         621. VOUCHERS STATEWIDE.
         622. APPLICABLE CODES.
         623. HOUSING CHOICE.
   § 605. LEGISLATIVE  FINDINGS.  THE LEGISLATURE FINDS THAT IT IS IN THE
 PUBLIC INTEREST OF THE STATE TO ENSURE THAT INDIVIDUALS AND FAMILIES ARE
 NOT RENDERED HOMELESS BECAUSE OF AN INABILITY TO PAY THE COST  OF  HOUS-
 ING,  AND  TO  AID  INDIVIDUALS AND FAMILIES WHO ARE HOMELESS OR FACE AN
 IMMINENT LOSS OF HOUSING IN OBTAINING AND MAINTAINING SUITABLE PERMANENT
 HOUSING IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 606. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "HOMELESS" MEANS  LACKING A FIXED, REGULAR, AND ADEQUATE NIGHTTIME
 RESIDENCE; HAVING A PRIMARY NIGHTTIME RESIDENCE  THAT  IS  A  PUBLIC  OR
 PRIVATE  PLACE NOT DESIGNED FOR OR ORDINARILY USED AS A REGULAR SLEEPING
 ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A CAR, PARK, ABANDONED  BUILD-
 ING, BUS OR TRAIN STATION, AIRPORT, CAMPGROUND, OR OTHER PLACE NOT MEANT
 FOR HUMAN HABITATION; LIVING IN A SUPERVISED PUBLICLY OR PRIVATELY OPER-
 ATED   SHELTER  DESIGNATED  TO  PROVIDE  TEMPORARY  LIVING  ARRANGEMENTS
 S. 8306--B                         108
 
 (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
 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.
 S. 8306--B                         109
 
   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.
   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
 S. 8306--B                         110
 
 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
 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
 S. 8306--B                         111
 
 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.
   2.  THE  COMMISSIONER  SHALL BE RESPONSIBLE FOR DISTRIBUTING THE FUNDS
 ALLOCATED IN EACH COUNTY NOT LOCATED WITHIN THE CITY OF NEW  YORK  AMONG
 HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATORS OPERATING IN EACH COUNTY OR
 IN THE CITY OF NEW YORK.
   3. PRIORITY SHALL BE GIVEN TO APPLICANTS WHO ARE HOMELESS. THE COMMIS-
 SIONER SHALL HAVE THE DISCRETION  TO  ESTABLISH  FURTHER  PRIORITIES  AS
 APPROPRIATE.
   4. UP TO TEN PERCENT OF THE FUNDS ALLOCATED MAY BE USED BY THE COMMIS-
 SIONER  AND  THE HOUSING ACCESS VOUCHER LOCAL ADMINISTRATOR FOR ADMINIS-
 TRATIVE EXPENSES ATTRIBUTABLE TO ADMINISTERING THE HOUSING ACCESS VOUCH-
 ER PROGRAM.
   § 610. PAYMENT OF HOUSING VOUCHERS. 1. THE HOUSING  VOUCHER  SHALL  BE
 PAID  DIRECTLY  TO  ANY  OWNER UNDER A CONTRACT BETWEEN THE OWNER OF THE
 DWELLING UNIT TO BE OCCUPIED BY THE VOUCHER RECIPIENT AND THE  APPROPRI-
 ATE  HOUSING  ACCESS VOUCHER LOCAL ADMINISTRATOR. THE COMMISSIONER SHALL
 DETERMINE THE FORM OF THE HOUSING ASSISTANCE PAYMENT  CONTRACT  AND  THE
 METHOD  OF  PAYMENT.  A HOUSING ASSISTANCE PAYMENT CONTRACT ENTERED INTO
 PURSUANT TO THIS SECTION SHALL ESTABLISH THE PAYMENT STANDARD (INCLUDING
 UTILITIES AND ALL MAINTENANCE AND MANAGEMENT CHARGES) WHICH THE OWNER IS
 ENTITLED TO RECEIVE FOR EACH DWELLING UNIT WITH RESPECT  TO  WHICH  SUCH
 ASSISTANCE  PAYMENTS  ARE  TO  BE  MADE.  THE PAYMENT STANDARD SHALL NOT
 EXCEED ONE HUNDRED TWENTY PERCENT NOR BE LESS THAN NINETY PERCENT OF THE
 FAIR MARKET RENT FOR THE RENTAL AREA IN  WHICH  IT  IS  LOCATED.    FAIR
 MARKET RENT SHALL BE DETERMINED PURSUANT TO THE PROCEDURES AND STANDARDS
 AS SET FORTH IN THE FEDERAL HOUSING CHOICE VOUCHER PROGRAM, AS SET FORTH
 S. 8306--B                         112

 IN THE APPLICABLE SECTIONS OF PART 888 OF TITLE 24 OF THE CODE OF FEDER-
 AL  REGULATIONS.   FAIR MARKET RENT FOR A RENTAL AREA SHALL BE PUBLISHED
 NOT LESS THAN ANNUALLY BY THE COMMISSIONER AND SHALL BE  MADE  AVAILABLE
 ON THE WEBSITE OF NEW YORK STATE HOMES AND COMMUNITY RENEWAL.
   2.  A  HOUSING  ASSISTANCE  PAYMENT  CONTRACT ENTERED INTO PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION MAY PROVIDE FOR AN INITIAL PAYMENT OF UP
 TO FIVE MONTHS OF RENT ARREARS THAT HAVE ACCRUED DURING PRIOR  OCCUPANCY
 OF  A DWELLING UNIT BY A VOUCHER RECIPIENT IF SUCH PAYMENT OF ARREARS IS
 NECESSARY TO CONTINUE SUCH VOUCHER RECIPIENT'S OCCUPANCY OF SUCH  DWELL-
 ING UNIT, AND THEREBY PREVENT IMMINENT LOSS OF HOUSING.
   § 611. LEASES  AND  TENANCY.  EACH HOUSING ASSISTANCE PAYMENT CONTRACT
 ENTERED INTO BY A HOUSING ACCESS VOUCHER  LOCAL  ADMINISTRATOR  AND  THE
 OWNER OF A DWELLING UNIT SHALL PROVIDE:
   1. THAT THE LEASE BETWEEN THE TENANT AND THE OWNER SHALL BE FOR A TERM
 OF  NOT LESS THAN ONE YEAR, EXCEPT THAT THE HOUSING ACCESS VOUCHER LOCAL
 ADMINISTRATOR MAY APPROVE A SHORTER TERM FOR AN  INITIAL  LEASE  BETWEEN
 THE  TENANT  AND  THE  DWELLING UNIT OWNER IF THE HOUSING ACCESS VOUCHER
 LOCAL ADMINISTRATOR DETERMINES THAT  SUCH  SHORTER  TERM  WOULD  IMPROVE
 HOUSING OPPORTUNITIES FOR THE TENANT AND IF SUCH SHORTER TERM IS CONSID-
 ERED TO BE A PREVAILING LOCAL MARKET PRACTICE;
   2. THAT THE DWELLING UNIT OWNER SHALL OFFER LEASES TO TENANTS ASSISTED
 UNDER THIS ARTICLE THAT:
   (A)  ARE  IN A STANDARD FORM USED IN THE LOCALITY BY THE DWELLING UNIT
 OWNER; AND
   (B) CONTAIN TERMS AND CONDITIONS THAT:
   (I) ARE CONSISTENT WITH STATE AND LOCAL LAW; AND
   (II) APPLY GENERALLY TO TENANTS IN THE PROPERTY WHO ARE  NOT  ASSISTED
 UNDER THIS ARTICLE;
   (C)  SHALL  PROVIDE THAT DURING THE TERM OF THE LEASE, THE OWNER SHALL
 NOT TERMINATE THE TENANCY EXCEPT FOR SERIOUS OR  REPEATED  VIOLATION  OF
 THE TERMS AND CONDITIONS OF THE LEASE, FOR VIOLATION OF APPLICABLE STATE
 OR  LOCAL  LAW,  OR FOR OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO,
 THE NON-PAYMENT OF THE TENANT'S PORTION OF THE RENT  OWED,  AND  IN  THE
 CASE  OF  AN OWNER WHO IS AN IMMEDIATE SUCCESSOR IN INTEREST PURSUANT TO
 FORECLOSURE DURING THE TERM OF THE LEASE VACATING THE PROPERTY PRIOR  TO
 SALE  SHALL  NOT  CONSTITUTE OTHER GOOD CAUSE, EXCEPT THAT THE OWNER MAY
 TERMINATE THE TENANCY EFFECTIVE ON THE DATE OF TRANSFER OF THE  UNIT  TO
 THE OWNER IF THE OWNER:
   (I) WILL OCCUPY THE UNIT AS A PRIMARY RESIDENCE; AND
   (II)  HAS  PROVIDED THE TENANT A NOTICE TO VACATE AT LEAST NINETY DAYS
 BEFORE THE EFFECTIVE DATE OF SUCH NOTICE;
   (D) SHALL PROVIDE THAT ANY TERMINATION OF TENANCY UNDER  THIS  SECTION
 SHALL BE PRECEDED BY THE PROVISION OF WRITTEN NOTICE BY THE OWNER TO THE
 TENANT  SPECIFYING  THE GROUNDS FOR THAT ACTION, AND ANY RELIEF SHALL BE
 CONSISTENT WITH APPLICABLE STATE AND LOCAL LAW;
   3. THAT ANY UNIT UNDER AN ASSISTANCE CONTRACT  ORIGINATED  UNDER  THIS
 ARTICLE SHALL ONLY BE OCCUPIED BY THE INDIVIDUAL OR FAMILY DESIGNATED IN
 SAID CONTRACT AND SHALL BE THE DESIGNATED INDIVIDUAL OR FAMILY'S PRIMARY
 RESIDENCE.  CONTRACTS  SHALL NOT BE TRANSFERABLE BETWEEN UNITS AND SHALL
 NOT BE TRANSFERABLE BETWEEN  RECIPIENTS.  A  FAMILY  OR  INDIVIDUAL  MAY
 TRANSFER THEIR VOUCHER TO A DIFFERENT UNIT UNDER A NEW CONTRACT PURSUANT
 TO THIS ARTICLE;
   4.  THAT  AN  OWNER  SHALL  NOT  CHARGE MORE THAN A REASONABLE RENT AS
 DEFINED IN SECTION SIX HUNDRED SIX OF THIS ARTICLE.
 S. 8306--B                         113

   § 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.
   § 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.
 S. 8306--B                         114
 
   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
 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
 S. 8306--B                         115
 
 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
 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.
 S. 8306--B                         116
 
   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 II

   Section 1. Paragraph a of subdivision 1 of section 667-c of the educa-
 tion law, as amended by section 1 of part E of chapter 56 of the laws of
 2022, is amended to read as follows:
   a.  part-time  students enrolled at [the state university, a community
 college, the city university of New York, and a  non-profit  college  or
 university  incorporated  by  the  regents or by the legislature] DEGREE
 GRANTING INSTITUTIONS CHARTERED OR AUTHORIZED  BY  THE  NEW  YORK  STATE
 BOARD  OR  REGENTS  who  meet  all  requirements  for tuition assistance
 program awards except for the students' part-time attendance; or
   § 2. This act shall take effect immediately.
 
                                  PART JJ
 
   Section 1. Section 370 of the education law is amended by adding a new
 subdivision 6-a to read as follows:
   6-A. "LARGE-SCALE CONSTRUCTION PROJECT" SHALL  MEAN  ANY  PROJECT  FOR
 WHICH  THE  TOTAL  ESTIMATED  COST OF THE CONTRACT OR CONTRACTS IS THREE
 MILLION DOLLARS THAT IS:
   (A) A PROJECT PERFORMED UNDER THE APPROVED MASTER PLAN  OF  THE  STATE
 UNIVERSITY  SUBMITTED  PURSUANT TO SUBDIVISION THIRTEEN OF SECTION THREE
 HUNDRED FIFTY-FIVE OF THIS CHAPTER; OR
   (B) WHICH  INVOLVES  THE  CONSTRUCTION,  ACQUISITION,  RECONSTRUCTION,
 REHABILITATION  OR  IMPROVEMENT  OF  ACADEMIC BUILDINGS, DORMITORIES AND
 OTHER FACILITIES, WITH RESPECT TO UNIVERSITY-RELATED  ECONOMIC  DEVELOP-
 MENT PROJECTS AUTHORIZED BY LAW PURSUANT TO SECTION THREE HUNDRED SEVEN-
 TY-TWO-A OF THIS ARTICLE.
   §  2.  Section  376  of  the  education law is amended by adding a new
 subdivision 11 to read as follows:
   11.  (A)  EACH  CONTRACT  INVOLVING  THE  AWARDING  OF  A  LARGE-SCALE
 CONSTRUCTION PROJECT SHALL REQUIRE THE USE OF A PROJECT LABOR AGREEMENT,
 AS  DEFINED  IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO OF THE
 LABOR LAW, FOR  ALL  CONTRACTORS  AND  SUBCONTRACTORS  ON  THE  PROJECT,
 CONSISTENT  WITH PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED
 TWENTY-TWO OF THE LABOR LAW.
   (B) FOR ANY PROJECT WHICH DOES NOT UTILIZE A PROJECT  LABOR  AGREEMENT
 PURSUANT  TO  PARAGRAPH  (A)  OF  THIS SECTION, THE FUND SHALL PROVIDE A
 SPECIFIC WRITTEN EXPLANATION OF WHY A PROJECT LABOR AGREEMENT WOULD  NOT
 BE  CONSISTENT  WITH  PARAGRAPH  (A)  OF  SUBDIVISION TWO OF SECTION TWO
 HUNDRED TWENTY-TWO OF THE LABOR LAW, OR STATE COMPETITIVE BIDDING  LAWS,
 S. 8306--B                         117
 
 AND  WHY  A  PROJECT  LABOR  AGREEMENT ON THE PROJECT WOULD OTHERWISE BE
 INCONSISTENT WITH STATUTES, RULES,  OR  REGULATIONS  APPLICABLE  TO  THE
 FUND.  SUCH  EXPLANATION  SHALL  BE  GRANTED  FOR  A  PARTICULAR PROJECT
 CONTRACT BY THE SOLICITATION DATE.
   (C)  AN  AGENCY  MAY  REQUIRE  THE USE OF A PROJECT LABOR AGREEMENT ON
 CONSTRUCTION PROJECTS WHERE THE TOTAL COST TO THE FUND IS LESS THAN THAT
 FOR A LARGE-SCALE CONSTRUCTION PROJECT, IF CONSISTENT WITH PARAGRAPH (A)
 OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall  apply  to  all contracts entered into,
 renewed, modified or amended on or after such date.
 
                                  PART KK
 
   Section 1. The executive law is amended by adding a new  article  49-C
 to read as follows:
                               ARTICLE 49-C
            COMMISSION FOR THE MODERNIZATION AND REVITALIZATION
                        OF DOWNSTATE MEDICAL CENTER
 SECTION 996. COMMISSION  FOR  THE  MODERNIZATION  AND  REVITALIZATION OF
                DOWNSTATE MEDICAL CENTER.
   § 996. COMMISSION FOR THE MODERNIZATION AND  REVITALIZATION  OF  DOWN-
 STATE  MEDICAL  CENTER.  1.  LEGISLATIVE  INTENT. THE LEGISLATURE HEREBY
 FINDS AND DECLARES THAT THE STATE UNIVERSITY  DOWNSTATE  MEDICAL  CENTER
 ("DOWNSTATE") AS ESTABLISHED PURSUANT TO SECTION THREE HUNDRED FIFTY-TWO
 OF  THE  EDUCATION  LAW, IS A VITAL COMPONENT OF OUR STATE'S HEALTH CARE
 SYSTEM. AS ONE OF THREE STATE HOSPITALS AND THE ONLY STATE  HOSPITAL  IN
 THE CITY OF NEW YORK, IT IS INCUMBENT UPON THE STATE TO ENSURE THAT THIS
 HOSPITAL  REMAINS FISCALLY VIABLE TO CONTINUE TO PROVIDE THE HEALTH CARE
 SERVICES THAT THE RESIDENTS OF CENTRAL BROOKLYN DESERVE AND  DEPEND  ON.
 THE  STATE  UNIVERSITY  DOWNSTATE  MEDICAL  CENTER IS ONE OF THE STATE'S
 LARGEST SAFETY-NET HOSPITALS, WHICH CARES FOR ALL  PATIENTS,  REGARDLESS
 OF  THEIR  ABILITY  TO PAY. IT PREDOMINANTLY SERVES PEOPLE OF COLOR, LOW
 INCOME, UNINSURED, UNDERINSURED, UNDOCUMENTED  AND  AT-RISK  INDIVIDUALS
 WHO HAVE LIMITED ACCESS TO AFFORDABLE HEALTH CARE AND WHO ARE MORE PRONE
 TO  SUFFER  FROM  SERIOUS  DISEASE  AND FACE HIGHER MORBIDITY RATES THAN
 OTHER PATIENTS ACROSS OUR CITY AND STATE. IN  TWO  THOUSAND  TWENTY-TWO,
 THE  HOSPITAL  HAD OVER THREE HUNDRED THOUSAND OUTPATIENT VISITS AND HAS
 AN AVERAGE OF FOURTEEN THOUSAND INPATIENTS EACH YEAR. IT  ALSO  PROVIDES
 SEVEN  THOUSAND  FOUR HUNDRED FREE HEALTH SCREENINGS A YEAR AND SPONSORS
 OVER ONE HUNDRED COMMUNITY SERVICE PROJECTS ANNUALLY.
   PROVIDED FURTHER, DOWNSTATE IS IN THE HEART OF  CENTRAL  BROOKLYN  AND
 HAS  THE  LARGEST MEDICAL SCHOOL IN NEW YORK CITY, WHICH OFFERS TRAINING
 IN FIFTY-SIX SPECIALTIES ACROSS FIVE SCHOOLS AND COLLEGES  AND  ANNUALLY
 EDUCATES  AND  TRAINS  NEARLY  ONE  THOUSAND  NINE HUNDRED STUDENTS. THE
 MEDICAL SCHOOL STUDENT POPULATION IS MADE UP  OF  NEARLY  SIXTY  PERCENT
 STUDENTS OF COLOR, PRODUCES THE MOST PHYSICIANS OF COLOR IN THE STATE OF
 NEW  YORK,  AND NEARLY SEVENTY PERCENT OF TWO THOUSAND TWENTY-TWO GRADU-
 ATES REMAINED IN NEW YORK FOR THEIR RESIDENCY. HAVING A HOSPITAL  AFFIL-
 IATED  WITH  THE  MEDICAL  SCHOOL  IS  BOTH CRITICAL FOR THE TRAINING OF
 MEDICAL STUDENTS AND IS AN ESSENTIAL PART IN PRODUCING THE  NEXT  GENER-
 ATION  OF  HEALTH  CARE  PROFESSIONALS,  WHICH ARE DESPERATELY NEEDED TO
 ENHANCE THE ACCESS TO VITAL HEALTH CARE IN OUR COMMUNITIES.
   THE LEGISLATURE FURTHER FINDS THAT THE  ENTIRE  BROOKLYN  HEALTH  CARE
 DELIVERY  SYSTEM  REMAINS  IN  NEED  OF  A CONTINUED GLOBAL EXAMINATION,
 ASSESSING THE NEEDS OF EACH OF ITS DIVERSE COMMUNITIES,  THE  ACCESS  TO
 S. 8306--B                         118
 
 HIGH  QUALITY OF CARE THROUGHOUT BROOKLYN, THE DEMOGRAPHICS, HEALTH CARE
 EQUITIES AND DISPARITIES OF EACH COMMUNITY, THE AVAILABILITY OF SPECIAL-
 TY SERVICES  FOR  LOW  INCOME  POPULATIONS,  AND  THE  INTERCONNECTIVITY
 BETWEEN  THE  VARIOUS HEALTH CARE SYSTEMS TO ENSURE THE LONG TERM FINAN-
 CIAL SUSTAINABILITY OF EACH OF  THE  VARIOUS  DELIVERY  SYSTEMS  IN  THE
 BOROUGH.  SUCH  FURTHER EXAMINATION CAN BEGIN WITH THE MODERNIZATION AND
 REVITALIZATION OF DOWNSTATE CONTINUING AS A HOSPITAL  OFFERING  CRITICAL
 HOSPITAL SPECIALTY SERVICES FOR THE COMMUNITY, BECOMING A CORE SPECIALTY
 HOSPITAL CENTER OF EXCELLENCE FOR THOSE CRITICAL SPECIALTY SERVICES, BUT
 SIMULTANEOUSLY  UNDERTAKING  AN  EXAMINATION  OF  THE APPROPRIATENESS OF
 CONVERTING CERTAIN DESIGNATED INPATIENT BEDS THAT ARE NOT  UTILIZED  FOR
 THE   SPECIALTY  HOSPITAL  CENTER  OF  EXCELLENCE  (PROVIDING  SPECIALTY
 SERVICES PURSUANT TO SUBDIVISION THREE OF THIS SECTION),  TO  AN  OUTPA-
 TIENT SETTING, EXPANDING SERVICES TO INCLUDE ACCESS TO PRIMARY CARE THRU
 CLINICS, URGENT CARE OR OTHER HOSPITAL AFFILIATED MEDICAL PRACTICES.
   THE  LEGISLATURE  FURTHER  FINDS  THAT  THE CONTINUED OPERATION OF THE
 STATE UNIVERSITY DOWNSTATE MEDICAL CENTER AS A FREE-STANDING STATE-OPER-
 ATED PUBLIC HOSPITAL, STAFFED WITH  PUBLIC  EMPLOYEES,  AT  ITS  CURRENT
 LOCATION, WITHIN AND UNDER THE APPOINTING AUTHORITY OF THE STATE UNIVER-
 SITY  OF  NEW  YORK  IN  A MODERNIZED AND REVITALIZED FORM, IS VITAL AND
 NECESSARY, AND THE STATE SHOULD DEVELOP A  PLAN  TO  ENSURE  ITS  FUTURE
 SUSTAINABILITY  AND  SHALL  PROVIDE  STATE  FUNDING  AND OTHER RESOURCES
 NECESSARY TO IMPLEMENT AND EXECUTE SUCH PLAN. SUCH PLAN SHALL  BE  BASED
 ON THE RECOMMENDATIONS OF THE COMMISSION FOR THE MODERNIZATION AND REVI-
 TALIZATION  OF  DOWNSTATE MEDICAL CENTER. THE COMMISSION FOR THE MODERN-
 IZATION AND REVITALIZATION OF DOWNSTATE  MEDICAL  CENTER  SHALL  EXAMINE
 THOSE  SERVICES THAT ARE NECESSARY TO BE PROVIDED AT DOWNSTATE, ALTERNA-
 TIVE SERVICES WHICH ARE MORE SUITABLE FOR THE COMMUNITY AND WHICH ARE IN
 ADDITION TO THE CORE CENTER OF EXCELLENCE SPECIALTY SERVICES WHICH SHALL
 CONTINUE TO BE OFFERED AT DOWNSTATE.
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COMMISSION"  SHALL MEAN THE COMMISSION FOR THE MODERNIZATION AND
 REVITALIZATION OF DOWNSTATE MEDICAL CENTER.
   (B) "DOWNSTATE" SHALL MEAN THE DOWNSTATE MEDICAL CENTER.
   (C) "CORE SPECIALTY CENTER OF EXCELLENCE SERVICES" SHALL  INCLUDE  THE
 FOLLOWING  SERVICES  WHICH  SHALL  CONTINUE  TO BE OFFERED IN A HOSPITAL
 SETTING AT DOWNSTATE, NOTWITHSTANDING THE RECOMMENDATIONS OF THE COMMIS-
 SION:
   (I) LEVEL II TRAUMA CARE AND RELATED SERVICES;
   (II) TRANSPLANT CARE AND RELATED SERVICES;
   (III) CARDIOLOGY CARE AND RELATED SERVICES;
   (IV) MATERNITY AND  PEDIATRIC  CARE  FOR  LOW  INCOME  AND  ETHNICALLY
 DIVERSE POPULATIONS; AND
   (V)  EMERGENCY  SERVICES.  PROVIDED,  HOWEVER, THE COMMISSION SHALL BE
 AUTHORIZED TO EXAMINE THE SIZE, SCOPE  AND  OTHER  APPROPRIATE  FEATURES
 NECESSARY IN PROVIDING EMERGENCY SERVICES AT DOWNSTATE.
   3.  COMMISSION  FOR  THE MODERNIZATION AND REVITALIZATION OF DOWNSTATE
 MEDICAL CENTER. (A) THERE IS HEREBY CREATED WITHIN THE EXECUTIVE DEPART-
 MENT THE COMMISSION FOR THE MODERNIZATION AND  REVITALIZATION  OF  DOWN-
 STATE MEDICAL CENTER.
   (B) THE COMMISSION SHALL EXAMINE THOSE SERVICES THAT SHOULD BE OFFERED
 AT  DOWNSTATE,  OR  A  DOWNSTATE AFFILIATE, WHICH ARE IN ADDITION TO THE
 CORE SPECIALTY CENTER OF EXCELLENCE SERVICES WHICH SHALL CONTINUE TO  BE
 OFFERED AT DOWNSTATE. IN DETERMINING ITS RECOMMENDATIONS, THE COMMISSION
 SHALL  CONSIDER  THE FOLLOWING FACTORS: (I) THE FINANCIAL SUSTAINABILITY
 S. 8306--B                         119
 
 OF  DOWNSTATE  CONSIDERING  MANAGEMENT  OPERATIONS,  BILLING  PRACTICES,
 CURRENT  HEALTH  CARE  SERVICES AND DELIVERY MODEL; (II) THE PATIENT MIX
 AND DEMOGRAPHICS, INCLUDING BUT NOT LIMITED TO, THE FINANCIAL CHALLENGES
 POSED  BY THE PROVISION OF SAFETY NET SERVICES TO LOW INCOME, UNINSURED,
 UNDERINSURED, UNDOCUMENTED AND AT-RISK INDIVIDUALS; (III)  THE  SERVICES
 AVAILABLE AND READILY ACCESSIBLE AT OTHER HEALTH CARE SYSTEMS OR PROVID-
 ERS  IN  BROOKLYN  AND  ACCESS TO THOSE SERVICES BY RESIDENTS OF CENTRAL
 BROOKLYN; (IV) THE HEALTH CARE  DISPARITIES  IN  CENTRAL  BROOKLYN;  (V)
 ACCESS  TO PRIMARY CARE, OUTPATIENT SERVICES, AND EMERGENCY SERVICES FOR
 RESIDENTS OF THE DOWNSTATE COMMUNITY AND THE  FEASIBILITY  OF  DOWNSTATE
 OFFERING  EXPANDED  SERVICES TO ADDRESS THESE NEEDS; (VI) THOSE SERVICES
 WHICH ARE NECESSARY FOR THE TRAINING AND EDUCATION OF STUDENTS AND GRAD-
 UATES OF THE DOWNSTATE MEDICAL SCHOOL;  AND  (VII)  OTHER  SERVICES  THE
 COMMISSION  DEEMS APPROPRIATE IN MAKING ITS RECOMMENDATIONS. THE COMMIS-
 SION SHALL ALSO DETERMINE WHAT CAPITAL PROJECT IMPROVEMENTS ARE REQUIRED
 AT DOWNSTATE TO BOTH MAINTAIN THE CORE SPECIALTY  CENTER  OF  EXCELLENCE
 SERVICES  AND  ALSO  ENABLE  THE HOSPITAL TO ADEQUATELY MEET CURRENT AND
 FUTURE HEALTH CARE NEEDS OF THE COMMUNITY AS IDENTIFIED BY  THE  COMMIS-
 SION. THE COMMISSION SHALL ALSO PROVIDE AN ANALYSIS OF CURRENT EMERGENCY
 ROOM  OPERATIONS,  WHICH  SHALL  INCLUDE,  BUT  SHALL NOT BE LIMITED TO,
 PATIENT CARE AND SERVICE CAPACITY AS  WELL  AS  IMPROVEMENTS  NEEDED  TO
 ADEQUATELY ADDRESS PATIENT SERVICE DEMANDS AND THE TECHNOLOGY, EQUIPMENT
 AND  CAPITAL  INFRASTRUCTURE  IMPROVEMENTS  THAT ARE REQUIRED TO IMPROVE
 PATIENT SERVICES AND TO IMPROVE THE FINANCIAL POSITION OF DOWNSTATE.
   (C) THE COMMISSION SHALL NOT BE  AUTHORIZED  TO  MAKE  RECOMMENDATIONS
 WHICH  REDUCE,  LIMIT  OR  ANY IN WAY ALTER THE CORE SPECIALTY CENTER OF
 EXCELLENCE SERVICES OFFERED IN A HOSPITAL SETTING AT DOWNSTATE.
   4. COMMISSION  APPOINTMENTS.  THE  COMMISSION  SHALL  CONSIST  OF  THE
 FOLLOWING  MEMBERS:  (A)  THE COMMISSIONER OF HEALTH, WHO SHALL SERVE AS
 THE EX-OFFICIO CHAIR THE COMMISSION; (B) A REPRESENTATIVE  OF  ORGANIZED
 LABOR  REPRESENTING EMPLOYEES AT THE STATE UNIVERSITY OF NEW YORK PURSU-
 ANT TO ARTICLE FOURTEEN  OF  THE  CIVIL  SERVICE  LAW;  (C)  ONE  MEMBER
 APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE SENATE; (D) ONE MEMBER
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (E) ONE  MEMBER  APPOINTED  BY
 THE  MINORITY  LEADER  OF  THE  SENATE;  (F) ONE MEMBER APPOINTED BY THE
 MINORITY LEADER OF THE ASSEMBLY; (G) TWO MEMBERS APPOINTED BY THE  LOCAL
 COMMUNITY BOARDS; (H) TWO MEMBERS APPOINTED BY THE GOVERNOR; AND (I) THE
 CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK.
   5.  COMPENSATION.  THE  MEMBERS  OF  THE  COMMISSION  SHALL RECEIVE NO
 COMPENSATION FOR THEIR SERVICE AS MEMBERS, BUT SHALL  BE  ALLOWED  THEIR
 ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR
 DUTIES.
   6. COMMISSION COMMENCEMENT. (A) THE COMMISSION AND  ITS  DELIBERATIONS
 SHALL BE SUBJECT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
   (B) THE COMMISSION SHALL ADOPT ITS BYLAWS ON OR BY ITS SECOND MEETING.
   (C) THE COMMISSION SHALL BEGIN TO ACT FORTY-FIVE DAYS AFTER THIS ARTI-
 CLE SHALL HAVE BECOME A LAW.
   7.  DEPARTMENT  OF  HEALTH  ASSISTANCE. (A) THE COMMISSIONER OF HEALTH
 SHALL DESIGNATE SUCH EMPLOYEES  OF  THE  DEPARTMENT  OF  HEALTH  AS  ARE
 REASONABLY NECESSARY TO PROVIDE SUPPORT SERVICES TO THE COMMISSION.
   (B)  THE  COMMISSIONER  OF  HEALTH SHALL ALSO SUBMIT TO THE COMMISSION
 SUCH INFORMATION AS MAY BE AVAILABLE FROM THE DEPARTMENT  OF  HEALTH  ON
 GENERAL  HOSPITAL  AND  NURSING HOME CAPACITY, SERVICES AND BEDS, AVAIL-
 ABILITY OF PRIMARY AND AMBULATORY CARE SERVICES, AND CURRENT  NUMBER  OF
 BEDS  IN  SUCH  FACILITIES,  INCLUDING,  BUT NOT LIMITED TO, INFORMATION
 FROM:
 S. 8306--B                         120
 
   (I) OPERATING CERTIFICATE FILES;
   (II) INSTITUTIONAL COST REPORTS;
   (III) FACILITY OCCUPANCY REPORTS;
   (IV) ANNUAL REPORTS OF THE CERTIFICATE OF NEED PROGRAM;
   (V) THE STATEWIDE PLANNING AND RESEARCH COOPERATIVE SYSTEM; AND
   (VI) ANY OTHER DOCUMENTATION REQUESTED BY THE COMMISSION.
   8.  DORMITORY  AUTHORITY REPRESENTATION. THE DIRECTOR OF THE DORMITORY
 AUTHORITY OF THE STATE OF NEW YORK SHALL APPOINT ONE OR  MORE  REPRESEN-
 TATIVES TO BE A LIAISON BETWEEN THE COMMISSION AND THE AUTHORITY.
   9.  OTHER  REQUIRED  RECOMMENDATIONS.  IN  CARRYING  OUT ITS TASK, THE
 COMMISSION SHALL ALSO FORMALLY SOLICIT RECOMMENDATIONS FROM HEALTH  CARE
 EXPERTS, COUNTY HEALTH DEPARTMENTS, COMMUNITY-BASED ORGANIZATIONS, STATE
 AND  REGIONAL  HEALTH CARE INDUSTRY ASSOCIATIONS, LABOR UNIONS AND OTHER
 INTERESTED PARTIES AS BROADLY AS IT CONSIDERS IT NECESSARY  AND  PROPER,
 AND  IT SHALL TAKE INTO ACCOUNT SUCH RECOMMENDATIONS AND THE RECOMMENDA-
 TIONS OF THE KINGS COUNTY HEALTH CARE STAKEHOLDERS  COUNCIL  DURING  ITS
 DELIBERATIONS.  IN  DEVELOPING ITS RECOMMENDATIONS, THE COMMISSION SHALL
 AS FAR AS PRACTICABLE ESTIMATE  THE  IMPROVEMENT  IN  QUALITY  OF  CARE,
 FINANCIAL  STATUS  OF THE HOSPITALS, AND ALL OTHER EFFICIENCIES THAT MAY
 BE DERIVED FROM RECONFIGURATION OF THE KINGS COUNTY HEALTH CARE SYSTEM.
   10. REPORT OF COMMISSION. (A) THE COMMISSION SHALL  BE  FINISHED  WITH
 ITS  STUDY  AND  ANALYSIS AND PROVIDE ITS WRITTEN RECOMMENDATIONS TO THE
 LEGISLATURE AND THE GOVERNOR, ALONG WITH SUGGESTED LEGISLATIVE AND EXEC-
 UTIVE ACTION, INCLUDING BUT NOT LIMITED TO  INFRASTRUCTURE  INVESTMENTS,
 AND  REFINANCING  OF EXISTING DEBT OF GENERAL HOSPITALS IN KINGS COUNTY,
 BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR.
   (B) SUCH RECOMMENDATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) RECOMMENDED DATES BY WHICH SUCH ACTIONS SHOULD OCCUR;
   (II) NECESSARY INVESTMENTS, IF ANY, THAT SHOULD BE MADE IN  EACH  CASE
 TO  CARRY  OUT THE COMMISSION'S RECOMMENDATIONS, INCLUDING ANY NECESSARY
 WORKFORCE, TRAINING, OR  OTHER  INVESTMENTS  TO  ENSURE  THAT  REMAINING
 FACILITIES ARE ABLE TO ADEQUATELY PROVIDE SERVICES WITHIN THE CONTEXT OF
 A RESTRUCTURED INSTITUTIONAL PROVIDER HEALTH CARE SYSTEM; AND
   (III) THE COMMISSION'S JUSTIFICATION FOR ITS RECOMMENDATIONS.
   11. IMPLEMENTATION OF RECOMMENDATIONS. (A) NOTWITHSTANDING ANY CONTRA-
 RY  PROVISION  OF  LAW, RULE OR REGULATION RELATED TO THE ESTABLISHMENT,
 CONSTRUCTION, APPROVAL, OR  REVISIONS  TO  THE  OPERATING  CERTIFICATES,
 RESIZING,  CONSOLIDATION,  CONVERSION  OR  RESTRUCTURING  OF HEALTH CARE
 FACILITIES IDENTIFIED IN THE COMMISSION'S RECOMMENDATIONS, INCLUDING BUT
 NOT LIMITED TO SECTIONS TWENTY-EIGHT HUNDRED ONE-A, TWENTY-EIGHT HUNDRED
 TWO, TWENTY-EIGHT HUNDRED FIVE, TWENTY-EIGHT HUNDRED  SIX,  AND  TWENTY-
 EIGHT HUNDRED SIX-B OF THE PUBLIC HEALTH LAW, THE COMMISSIONER OF HEALTH
 SHALL TAKE ALL ACTIONS NECESSARY TO IMPLEMENT, IN A REASONABLE, COST-EF-
 FICIENT  MANNER,  THE RECOMMENDATIONS OF THE COMMISSION PURSUANT TO THIS
 SECTION.
   (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY IF A MAJORITY OF THE MEMBERS OF EACH HOUSE OF THE LEGISLATURE VOTE
 TO  ADOPT  A  CONCURRENT RESOLUTION REJECTING THE RECOMMENDATIONS OF THE
 COMMISSION IN THEIR ENTIRETY BY FEBRUARY  FIRST,  TWO  THOUSAND  TWENTY-
 FIVE.  IN  NO  EVENT SHALL THE COMMISSIONER OF HEALTH BEGIN TO IMPLEMENT
 THE RECOMMENDATIONS OF THE COMMISSION PRIOR TO FEBRUARY FIRST, TWO THOU-
 SAND TWENTY-FIVE. PROVIDED, FURTHER, THE COMMISSIONER OF HEALTH SHALL BE
 PRECLUDED FROM ACTING UPON ANY CERTIFICATE OF NEED APPLICATION,  OR  ANY
 OTHER  SUBMISSION  OR CLOSURE PLAN WHICH LIMITS OR IN ANY WAY ALTERS THE
 SERVICES PROVIDED BY DOWNSTATE, ON OR AFTER THE EFFECTIVE DATE  OF  THIS
 SECTION, UNTIL AFTER FEBRUARY FIRST, TWO THOUSAND TWENTY-FIVE. PROVIDED,
 S. 8306--B                         121
 
 HOWEVER,  THAT  NOTHING  HEREIN  SHALL BE CONSTRUED AS: (I) LIMITING THE
 AUTHORITY OF THE COMMISSIONER OF HEALTH  TO  ENFORCE  OR  IMPLEMENT  ANY
 PROVISION  OF  THE PUBLIC HEALTH LAW RELATING TO THE HEALTH OR SAFETY OF
 THE  PATIENTS AT DOWNSTATE; OR (II) FROM APPROVING AN APPLICATION RELAT-
 ING TO CAPITAL AND INFRASTRUCTURE IMPROVEMENTS AT DOWNSTATE THAT DO  NOT
 IMPACT THE SCOPE OR LEVEL OF SERVICES OFFERED AT DOWNSTATE.
   12.  SEVERABILITY CLAUSE. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
 SION, SECTION OR PART OF THIS SECTION 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 SECTION WOULD HAVE BEEN ENACTED EVEN  IF  SUCH
 INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1. The education law is amended by adding a new section 679-k
 to read as follows:
   § 679-K. NEW  YORK  STATE  MENTAL  HEALTH  PROFESSIONAL  STUDENT  LOAN
 FORGIVENESS PROGRAM. 1. PURPOSE. THE PRESIDENT, IN CONSULTATION WITH THE
 OFFICE OF MENTAL HEALTH, SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
 THE  PURPOSE  OF  ALLEVIATING THE BURDEN OF STUDENT LOAN DEBT FOR MENTAL
 HEALTH PROFESSIONALS IN NEW YORK STATE WHO WORK IN A FACILITY OR PROGRAM
 LICENSED BY THE OFFICE OF MENTAL HEALTH. SUCH AWARDS SHALL BE MADE ON  A
 COMPETITIVE  BASIS  AS PROMULGATED BY THE CORPORATION FOR SUCH PURPOSES,
 TO APPLICANTS WHO MEET THE ELIGIBILITY CRITERIA.
   2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS  SECTION,
 APPLICANTS SHALL:
   (A)  HAVE  GRADUATED  AND  OBTAINED A DEGREE FROM AN APPROVED NEW YORK
 STATE COLLEGE OR UNIVERSITY;
   (B) HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM OBTAINING SUCH DEGREE;
   (C) BE EMPLOYED AS A  PSYCHIATRIST,  PSYCHIATRIC  NURSE  PRACTITIONER,
 PHYSICIAN  ASSISTANT,  LICENSED  MASTER SOCIAL WORKER, LICENSED CLINICAL
 SOCIAL WORKER, LICENSED MENTAL HEALTH COUNSELOR, LICENSED  MARRIAGE  AND
 FAMILY  THERAPIST,  PSYCHOANALYST,  CREATIVE  ARTS THERAPIST, OR APPLIED
 BEHAVIOR ANALYST IN NEW YORK STATE WORKING  IN  A  PROGRAM  OR  FACILITY
 LICENSED BY THE OFFICE OF MENTAL HEALTH;
   (D)  COMPLY  WITH  RULES AND REGULATIONS DEVELOPED BY THE CORPORATION;
 AND
   (E)  MAKE  A  COMMITMENT TO PRACTICE IN A  MENTAL  HEALTH  PROGRAM  OR
 FACILITY  LICENSED BY THE OFFICE OF MENTAL HEALTH, INCLUDING PSYCHIATRIC
 INPATIENT UNITS OF GENERAL HOSPITALS, COMPREHENSIVE PSYCHIATRIC EMERGEN-
 CY PROGRAMS, CRISIS, RESIDENTIAL AND OUTPATIENT PROGRAMS FOR  THE  DURA-
 TION OF THE AWARD.
   3.  AWARDS. THE CORPORATION, IN CONSULTATION WITH THE OFFICE OF MENTAL
 HEALTH, SHALL GRANT SUCH AWARDS WITHIN  AMOUNTS  APPROPRIATED  FOR  SUCH
 PURPOSES AND BASED ON THE AVAILABILITY OF FUNDS.
   4.  RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
 RULES AND REGULATIONS. IN THE EVENT THAT THERE ARE MORE APPLICANTS  THAN
 THERE  ARE REMAINING AWARDS, THE CORPORATION SHALL PROVIDE IN REGULATION
 THE METHOD OF DISTRIBUTING THE REMAINING NUMBER OF  SUCH  AWARDS,  WHICH
 MAY INCLUDE A LOTTERY OR OTHER FORM OF RANDOM SELECTION.
 S. 8306--B                         122
 
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART MM
 
   Section  1.  Subdivision  20  of  section 378 of the executive law, as
 renumbered by section 3 of part RR of chapter 56 of the laws of 2023, is
 renumbered subdivision 21 and a new subdivision 20 is added to  read  as
 follows:
   20.  STANDARD REQUIREMENTS FOR SINGLE-EXIT, SINGLE STAIRWAY MULTI-UNIT
 RESIDENTIAL BUILDINGS ABOVE THREE STORIES, UP TO AT LEAST  SIX  STORIES,
 PURSUANT TO THE FOLLOWING:
   A. THE COUNCIL SHALL CONDUCT A STUDY EXAMINING EXISTING BUILDING CODES
 FOR  SINGLE-EXIT, SINGLE STAIRWAY MULTI-UNIT RESIDENTIAL BUILDINGS ABOVE
 THREE STORIES, UP TO AT LEAST SIX STORIES, IN THE CITY OF NEW  YORK  AND
 IN  OTHER CITIES AND JURISDICTIONS THAT HAVE ADOPTED SUCH BUILDINGS INTO
 THEIR BUILDING CODES.
   B. THE COUNCIL SHALL CONSIDER THE EFFECTIVENESS OF THE EXISTING BUILD-
 ING CODES EXAMINED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, AND  ANY
 IMPROVEMENTS  TO  SUCH CODES THAT WOULD PROMOTE FIRE SAFETY AND ACCESSI-
 BILITY.
   C. THE COUNCIL SHALL  COMPLETE  THE  STUDY,  AND  ADOPT  THE  STANDARD
 REQUIREMENTS  PURSUANT TO THIS SUBDIVISION, NO LATER THAN ONE YEAR AFTER
 THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
                                  PART NN
 
   Section 1. Section 421-a of the real property tax law  is  amended  by
 adding two new subdivisions 18 and 19 to read as follows:
   18. (A) THE COMPTROLLER OF THE CITY OF NEW YORK SHALL CONDUCT AN ANNU-
 AL AUDIT OF THE AFFORDABLE NEW YORK HOUSING PROGRAM ESTABLISHED PURSUANT
 TO  THIS  SECTION  TO  MEASURE  COMPLIANCE WITH THE REQUIREMENTS OF THIS
 SECTION. THE COMPTROLLER OF THE CITY OF NEW YORK SHALL CREATE A  PROGRAM
 TO  AUDIT  AND  REVIEW PROPERTIES WHICH RECEIVE BENEFITS PURSUANT TO THE
 AFFORDABLE NEW YORK HOUSING PROGRAM TO CONFIRM THAT OWNERS OF SUCH PROP-
 ERTIES ARE COMPLYING WITH THE  RENT  REGISTRATION,  AFFORDABILITY,  RENT
 STABILIZATION  AND  APPLICATION REQUIREMENTS OF SUCH PROGRAM.  THE DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF HOUSING PRESER-
 VATION AND DEVELOPMENT, THE NEW YORK CITY DEPARTMENT OF FINANCE, AND ANY
 OWNER OF A PROPERTY RECEIVING BENEFITS PURSUANT TO  THIS  SECTION  SHALL
 PROVIDE  ANY  AND  ALL  INFORMATION, DATA, OR DOCUMENTATION TO THE COMP-
 TROLLER OF THE CITY OF NEW YORK WHICH IS DEEMED NECESSARY BY  THE  COMP-
 TROLLER  OF  THE CITY OF NEW YORK IN ORDER TO COMPLETE THE AUDIT PROCESS
 REQUIRED BY THIS SECTION OF LAW.  THE INITIAL AUDIT SHALL  BE  COMPLETED
 ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE. THE COMP-
 TROLLER OF THE CITY OF NEW YORK SHALL PUBLISH THE RESULTS OF  THE  AUDIT
 ANNUALLY  ON OR BEFORE DECEMBER THIRTY-FIRST AND SHALL MAKE SUCH RESULTS
 PUBLICLY AVAILABLE ON THE COMPTROLLER'S WEBSITE.   ALL PROPERTIES  WHICH
 ARE  RECEIVING  OR HAVE RECEIVED BENEFITS PURSUANT TO THE AFFORDABLE NEW
 YORK HOUSING PROGRAM OR PRIOR  PROGRAMS  ESTABLISHED  PURSUANT  TO  THIS
 SECTION SHALL BE ELIGIBLE FOR THE INITIAL AUDIT; PROVIDED, HOWEVER, THAT
 ONLY  PROPERTIES  WHICH RECEIVED BENEFITS DURING THE PRIOR YEAR SHALL BE
 ELIGIBLE FOR SUBSEQUENT AUDITS.  IN THE EVENT THAT  THE  AFFORDABLE  NEW
 YORK  HOUSING  PROGRAM  IS TERMINATED OR OTHERWISE DISCONTINUED, A FINAL
 AUDIT OF THE PROGRAM SHALL BE SUBMITTED ONE YEAR AFTER THE LAST PROPERTY
 S. 8306--B                         123

 SUBJECT TO RENT  REGISTRATION,  AFFORDABILITY,  RENT  STABILIZATION  AND
 APPLICATION  REQUIREMENTS  OF  THE  PROGRAM IS NO LONGER SUBJECT TO SUCH
 REQUIREMENTS.
   (B)  (I)  IF AN AUDIT BY THE COMPTROLLER OF THE CITY OF NEW YORK FINDS
 ANY UNITS ARE NOT IN COMPLIANCE WITH THE RENT REGISTRATION, AFFORDABILI-
 TY, RENT STABILIZATION, AND APPLICATION REQUIREMENTS OF  THE  AFFORDABLE
 NEW  YORK HOUSING PROGRAM, THE COMPTROLLER OF THE CITY OF NEW YORK SHALL
 PRESENT EVIDENCE OF SUCH NONCOMPLIANCE TO THE DIVISION  OF  HOUSING  AND
 COMMUNITY  RENEWAL,  THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOP-
 MENT, AND THE NEW  YORK  CITY  DEPARTMENT  OF  FINANCE  FOR  ENFORCEMENT
 ACTIONS  AS  PROVIDED.  SUCH NOTIFICATION OF NONCOMPLIANCE SHALL BE MADE
 WITHIN FIFTEEN DAYS AFTER THE RESULTS OF THE AUDIT HAVE  BEEN  PUBLISHED
 ON THE COMPTROLLER'S WEBSITE.
   (II)  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF
 HOUSING PRESERVATION AND DEVELOPMENT, AND THE NEW YORK  CITY  DEPARTMENT
 OF  FINANCE  SHALL  ENFORCE  AND  REMEDY ANY NONCOMPLIANCE WITH THE RENT
 REGISTRATION,  AFFORDABILITY,  RENT   STABILIZATION,   AND   APPLICATION
 REQUIREMENTS  AS  PROVIDED  OR  AVAILABLE  UNDER ANY OTHER LAW, RULE, OR
 REGULATION.
   19. DURING AND ON AND AFTER THE EXPIRATION DATE OF THE AFFORDABLE  NEW
 YORK HOUSING PROGRAM BENEFIT PROVIDED PURSUANT TO THIS SECTION, PROVIDED
 SUCH  PROJECT IS REQUIRED TO COMPLY WITH ANY AFFORDABILITY REQUIREMENTS,
 THE DEPARTMENT OF HOUSING PRESERVATION  AND  DEVELOPMENT  SHALL  IMPOSE,
 AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD, A PENALTY FOR ANY VIOLATION
 OF THE AFFORDABILITY REQUIREMENTS OF THIS SECTION BY SUCH PROJECT.
   (A)  THE  DEPARTMENT  OF  HOUSING  PRESERVATION  AND DEVELOPMENT SHALL
 ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES.
   (B) A PENALTY UNDER THIS SUBDIVISION SHALL BE IMPOSED ON THE OWNER  OF
 THE  ELIGIBLE  SITE  CONTAINING  SUCH  PROJECT AT THE TIME THE VIOLATION
 OCCURRED.
   (C) A FAILURE TO PAY SUCH FINE MAY RESULT IN A  LIEN  AND  SUCH  OTHER
 REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION.
   (D)  THE  DEPARTMENT  OF  HOUSING  PRESERVATION  AND DEVELOPMENT SHALL
 ENSURE THE MINIMUM NUMBER OF REQUIRED AFFORDABLE UNITS  ARE  OFFERED  IN
 COMPLIANCE  WITH THE APPROPRIATE AFFORDABILITY REQUIREMENTS AT ALL TIMES
 SUCH AFFORDABILITY REQUIREMENTS APPLY. THIS INCLUDES, BUT IS NOT LIMITED
 TO, FOR EACH UNIT DESIGNATED AS AN AFFORDABLE UNIT FOUND NOT  TO  BE  IN
 COMPLIANCE  WITH THE AFFORDABILITY REQUIREMENTS, THE DEPARTMENT OF HOUS-
 ING PRESERVATION AND DEVELOPMENT  SHALL  EITHER  BRING  SUCH  DESIGNATED
 AFFORDABLE  UNIT  INTO COMPLIANCE WITH THE AFFORDABILITY REQUIREMENTS OR
 DESIGNATE ANOTHER UNIT OF SIMILAR SIZE AS AN AFFORDABLE UNIT IN  SUBSTI-
 TUTION OF THE ORIGINAL UNIT.
   §  2.  Subparagraph  (ii) of paragraph (f) of subdivision 2 of section
 421-a of the real property tax law, as amended by  chapter  289  of  the
 laws of 1985, is amended to read as follows:
   (ii)  with  respect to units which become subject to the provisions of
 this section after the effective date of  this  subparagraph,  such  tax
 benefit period as provided in the opening paragraph of this paragraph or
 applicable  law  or  act  shall  have  expired and either each lease and
 renewal thereof for such unit for the tenant in residence at the time of
 such decontrol has included a notice  in  at  least  twelve  point  type
 informing  such tenant that the unit shall become subject to such decon-
 trol upon the expiration of such tax benefit period as provided  in  the
 opening  paragraph of this paragraph or applicable law or act and states
 the approximate date on which such tax benefit period as provided in the
 opening paragraph of this paragraph is scheduled to expire; or such unit
 S. 8306--B                         124
 
 becomes vacant as provided under subparagraph  (i)  of  this  paragraph.
 NEITHER A LANDLORD NOR ANY PERSON ACTING ON BEHALF OF THE LANDLORD SHALL
 INCLUDE  INCORRECT  OR  MISLEADING  INFORMATION  IN  ANY NOTICE PROVIDED
 PURSUANT TO THIS SUBPARAGRAPH. A LANDLORD OR ANY PERSON ACTING ON BEHALF
 OF  THE LANDLORD WHO WILLFULLY INCLUDES INFORMATION THEY KNOW OR REASON-
 ABLY KNOW TO BE  MISLEADING  OR  INCORRECT  INFORMATION  IN  ANY  NOTICE
 PROVIDED PURSUANT TO THIS SUBPARAGRAPH OR FAILS TO PROVIDE THE STANDARD-
 IZED  RIDER PURSUANT TO PARAGRAPH (F-1) OF THIS SUBDIVISION IS GUILTY OF
 A VIOLATION PUNISHABLE BY A FINE OF ONE THOUSAND DOLLARS.
   § 3. Subdivision 2 of section 421-a of the real property  tax  law  is
 amended by adding a new paragraph (f-1) to read as follows:
   (F-1)  THE  COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL STAND-
 ARDIZE THE NOTICE TO BE PROVIDED BY LANDLORDS TO THEIR TENANTS  PURSUANT
 TO  SUBPARAGRAPH  (II) OF PARAGRAPH (F) OF THIS SUBDIVISION. SUCH NOTICE
 SHALL BE PRINTED IN AT LEAST TWELVE POINT TYPE  AND  SHALL  INCLUDE  THE
 FOLLOWING LANGUAGE:
                     "421-A STANDARD RIDER FACT SHEET
 ANY  HOUSING  UNIT THAT RECEIVES TAX BENEFITS UNDER SECTION 421-A OF THE
 NEW YORK STATE REAL PROPERTY LAW MAY REMAIN AFFORDABLE FOR A  PERIOD  OF
 TIME  DEPENDING  ON  A VARIETY OF FACTORS, INCLUDING THE LOCATION OF THE
 UNIT, THE COMMENCEMENT OF CONSTRUCTION  AND  THE  AFFORDABILITY  IN  THE
 PROJECT. FAILURE TO PROVIDE THE INITIAL STANDARDIZED RIDER MAY RESULT IN
 THE  UNIT  REMAINING  RENT  STABILIZED  FOR THE DURATION OF THE TENANCY.
 SPECIFIC DETAILS RELATED TO YOUR UNIT ARE  LISTED  ON  THE  NEXT  SHEET.
 WHILE  YOUR UNIT RECEIVES 421-A TAX BENEFITS, IT WILL BE SUBJECT TO RENT
 STABILIZATION. NEW YORK STATE'S RENT REGULATION LAWS PROVIDE TENANTS  IN
 RENT-STABILIZED   APARTMENTS   WITH   A  VARIETY  OF  LEGAL  RIGHTS  AND
 PROTECTIONS. THE OWNER OF YOUR BUILDING MUST PROVIDE  YOU  WITH  A  RENT
 STABILIZED  LEASE  WHEN  YOU  FIRST MOVE IN AND ALSO EACH TIME YOU RENEW
 YOUR LEASE FOR YOUR CHOICE OF EITHER A ONE OR TWO YEAR TERM, FOR AS LONG
 AS YOUR APARTMENT REMAINS RENT STABILIZED.
 YOU ARE ENTITLED TO CONTINUOUS LEASE RENEWALS WHILE  YOUR  APARTMENT  IS
 RENT  STABILIZED.  WHEN  YOU  RENEW  YOUR  LEASE,  YOUR RENT MAY ONLY BE
 INCREASED BY AN AMOUNT DETERMINED BY NEW YORK  STATE'S  RENT  REGULATION
 LAWS,       WHICH       MAY       BE       FOUND       BY       VISITING
 HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/RESOURCES/RENT-
 REGULATIONLAWS/, AND PERMITTED BY APPLICABLE TAX BENEFIT LAWS.
 RENT INCREASES FOR RENT-STABILIZED TENANTS ARE  DETERMINED  BY  THE  NEW
 YORK  CITY  RENT  GUIDELINES BOARD, AND MAY ONLY INCREASE BY A SPECIFIED
 AMOUNT WITHIN A ONE-YEAR OR TWO-YEAR LEASE TERM. FOR  MORE  INFORMATION,
 PLEASE  VISIT HTTPS://RENTGUIDELINESBOARD.CITYOFNEWYORK.US/ OR CALL 311.
 RENT-STABILIZED TENANTS ARE ALSO ENTITLED TO PETITION THE NEW YORK STATE
 HOMES AND COMMUNITY RENEWAL BY VISITING HTTPS://HCR.NY.GOV/  OR  CALLING
 (833)  499-0343  OR  BY  CONTACTING  THE APPROPRIATE RENT ADMINISTRATION
 BOROUGH OFFICE.
                         421-A RIDER - UNIT NUMBER
 AS A RENT-REGULATED TENANT, YOUR RIGHTS ARE DETERMINED BY 421-A  OF  THE
 NEW  YORK STATE REAL PROPERTY LAW. FOR MORE INFORMATION, YOU MAY CONTACT
 NEW YORK STATE HOUSING AND COMMUNITY RENEWAL BY CALLING  (833)  499-0343
 OR VISITING HTTPS://HCR.NY.GOV/ OR THE NEW YORK CITY DEPARTMENT OF HOUS-
 ING      PRESERVATION      BY      CALLING      311      OR     VISITING
 HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE.
 THE FIRST RENT AS OF DATE OF INITIAL LEASE COMMENCEMENT FOR UNIT  APART-
 MENT NUMBER___ IS AMOUNT ___.
 BECAUSE  UNIT NUMBER ____RECEIVES A 421-A TAX ABATEMENT, IT WILL BE RENT
 REGULATED UNTIL AT LEAST MM/DD/YYYY.
 S. 8306--B                         125
 
 CONSTRUCTION COMMENCED ON  YOUR  BUILDING,  LOCATED  AT  ADDRESS  ____ON
 MM/DD/YYYY.
 CONSTRUCTION WAS COMPLETED ON MM/DD/YYYY.
 ON  (MM/DD/YYYY SPECIFIC TO TENANT), YOUR LANDLORD CAN BEGIN TO INCREASE
 THE RENT FOR UNIT NUMBER BY 2.2% EACH YEAR.
 THE 421-A BENEFITS FOR UNIT NUMBER EXPIRE  ON  (MM/DD/YYYY).  AFTER  THE
 EXPIRATION OF THE 421-A TAX ABATEMENT, YOUR UNIT WILL ___ (EITHER REMAIN
 RENT-STABILIZED  FOR  THE  DURATION  OF  YOUR  TENANCY OR CONTINUE TO BE
 PROTECTED DUE TO ADDITIONAL PROGRAMS OUTLINED BELOW).
 UNIT NUMBER ALSO RECEIVES (LIST ANY OTHER CITY, STATE, FEDERAL  AFFORDA-
 BILITY  PROGRAM)  AND  (THE  IMPACT  THAT  HAS  ON THE UNIT'S CONTINUING
 AFFORDABILITY, THE DATE ON WHICH THOSE BENEFITS EXPIRE AND THE IMPACT OF
 THE EXPIRATION OF THOSE BENEFITS ON THE UNIT).
 IF YOU BELIEVE THAT ANY OF THE INFORMATION CONTAINED IN  THIS  RIDER  IS
 INCORRECT, CONTACT NEW YORK STATE HOMES AND COMMUNITY RENEWAL BY CALLING
 (833)  499-0343  OR  VISITING  HTTPS://HCR.NY.GOV/  OR THE NEW YORK CITY
 DEPARTMENT  OF  HOUSING  PRESERVATION  BY  CALLING   311   OR   VISITING
 HTTPS://WWW1.NYC.GOV/SITE/HPD/INDEX.PAGE."
   § 4. This act shall take effect immediately.
 
                                  PART OO
 
   Section  1.  Subparagraph  (xiii) of paragraph (a) of subdivision 8 of
 section 131-a of the social services law, as added by section 2 of  part
 X of chapter 56 of the laws of 2023, is amended to read as follows:
   (xiii)  once  during the lifetime of a recipient of public assistance,
 all of the earned income of such recipient will be disregarded following
 job entry, provided that such exemption of income for purposes of public
 assistance eligibility shall be for no more than six consecutive  months
 from  the initial date of obtaining such employment and that the recipi-
 ent's total income shall not be more than [two] FOUR hundred percent  of
 the  federal  poverty  level. In the event a recipient moves from one to
 another social services district, this disregard shall follow the recip-
 ient. THE COMMISSIONER SHALL SEEK ANY FEDERAL WAIVER NECESSARY TO EFFEC-
 TUATE THE ONE-TIME EARNED INCOME DISREGARD PURSUANT TO THIS SUBDIVISION.
   § 2. This act shall take effect immediately.
 
                                  PART PP
 
   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 AN EMPLOYEE OF THE  DEPARTMENT  APPOINTED
 BY  THE  COMMISSIONER,  OR  AN  EMPLOYEE OF THE DIVISION OF MILITARY AND
 NAVAL AFFAIRS APPOINTED BY THE ADJUTANT GENERAL, TO SERVE AS A  MILITARY
 IMMIGRANT  FAMILY  LEGACY  PROGRAM  COORDINATOR  PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION.
 S. 8306--B                         126
 
   (D) "VETERAN" SHALL HAVE THE SAME MEANING AS SUCH TERM IS  DEFINED  IN
 SECTION  ONE  OF  THIS ARTICLE AND SHALL ALSO INCLUDE ANY VETERAN WITH A
 QUALIFYING CONDITION, AS DEFINED IN SECTION ONE OF THIS ARTICLE, AND HAS
 RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR  DISHONORABLE  FROM  SUCH
 SERVICE,  OR  IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION ONE OF
 THIS ARTICLE, AND HAS RECEIVED A DISCHARGE OTHER  THAN  BAD  CONDUCT  OR
 DISHONORABLE FROM SUCH SERVICE.
   (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,
 THE  AIR  NATIONAL  GUARD, OR RESERVE CORPS OF THE PUBLIC HEALTH SERVICE
 DURING THE TIME THE UNIT WAS FEDERALLY RECOGNIZED AS  A  RESERVE  COMPO-
 NENT.
   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 IMMIGRATION RELIEF, INCLUDING RELIEF
 THAT CAN LEAD  TO  CITIZENSHIP,  IN  SECURING  LEGAL  REPRESENTATION  OR
 CONSULTATION BY QUALIFIED IMMIGRATION ATTORNEYS OR DULY AUTHORIZED BOARD
 OF  IMMIGRATION  APPEALS  REPRESENTATIVES  AS MAY BE NECESSARY TO OBTAIN
 SUCH RELIEF.
   (B) COMMUNICATING 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, THE UNITED STATES DEPARTMENT OF DEFENSE,
 LOCAL  VETERANS'  SERVICE  AGENCIES,  STATE  AGENCIES, COMMUNITY GROUPS,
 ADVOCATES, AND OTHER VETERANS AND MILITARY ORGANIZATIONS AND  INTERESTED
 PARTIES  FOR  THE PURPOSE OF COORDINATING EFFORTS TO PROVIDE IMMIGRATION
 RELIEF TO INTENDED RECIPIENTS.
   (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.
 S. 8306--B                         127

   (F) DEVELOPING AND MAINTAINING A  CLEARINGHOUSE  FOR  INFORMATION  AND
 RESOURCES RELATING TO THE PROGRAM AS WELL AS OTHER FEDERAL, STATE, LOCAL
 AND NON-PROFIT PROGRAMS THAT MAY OFFER ASSISTANCE TO INTENDED RECIPIENTS
 IN IMMIGRATION MATTERS.
   (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 RESIDING IN THE STATE, INCLUDING THE
 NUMBER  OF  SUCH  INTENDED RECIPIENTS BY COUNTY, AN ESTIMATE OF HOW MANY
 MAY BE ELIGIBLE FOR NATURALIZATION, 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.
   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 AND EVALUATION OF THE COORDINATORS' ACTIVITIES FOR THE
 PRECEDING CALENDAR YEAR  AS  WELL  AS  ANY  RECOMMENDATIONS  FOR  FUTURE
 PROGRAMMATIC  CHANGES.  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 39 to read as follows:
   39. 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.
 S. 8306--B                         128
 
                                  PART QQ
 
   Section  1.  Paragraph a of subdivision 4 of section 665 of the educa-
 tion law, as added by chapter 195 of the laws of  1980,  is  amended  to
 read as follows:
   a.  Student  refunds.  If  a  student  receives payment as a result of
 administrative error by the institution or the corporation or a false or
 erroneous statement on [his] SUCH  STUDENT'S  application  or  financial
 form,  or  any  other  act  of omission or commission on the part of the
 student, [his] SUCH STUDENT'S spouse, or [his] SUCH  STUDENT'S  parents,
 such  that  the  recipient  would  otherwise have been considered by the
 president ineligible to receive such payment,  the  recipient  shall  be
 required  to  refund the improper payment to the state. PROVIDED THAT NO
 REPAYMENT SHALL BE DEMANDED OR OCCUR FROM A STUDENT, FORMER  STUDENT  OR
 INSTITUTION  WHERE  THE ERROR WAS AN INADVERTENT OR ADMINISTRATIVE ERROR
 ON THE PART OF THE CORPORATION OR OTHER STATE AGENCY.
   § 2. This act shall take effect immediately and be deemed to have been
 in full force and effect for academic years beginning 2020--2021.
 
                                  PART RR
 
   Section 1. Subdivision 2  of  section  1111  of  the  private  housing
 finance  law,  as amended by chapter 202 of the laws of 2010, is amended
 and a new subdivision 9 is added to read as follows:
   2. "Eligible applicant" shall mean a city, a town, a village, a  hous-
 ing  development fund company incorporated pursuant to article eleven of
 this chapter, any not-for-profit corporation or charitable  organization
 which has as one of its primary purposes the improvement of housing or a
 municipal  housing authority created pursuant to the public housing law,
 A COMMUNITY LAND TRUST AS DEFINED IN SUBDIVISION NINE OF  THIS  SECTION,
 or  a  public  benefit  corporation  formed to assist particular munici-
 palities with their housing, community development or renewal needs,  or
 a county, provided, however, that the county acts as an administrator of
 a  program  under  which  projects  are  constructed,  rehabilitated  or
 improved by other eligible applicants or acts in any other  capacity  as
 permitted by law.
   9.  FOR THE PURPOSES OF THIS SUBDIVISION, "COMMUNITY LAND TRUST" SHALL
 MEAN  A CORPORATION ORGANIZED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION
 LAW AND EXEMPT FROM TAXATION PURSUANT TO SECTION 501(C)(3) OF THE INTER-
 NAL REVENUE CODE THAT SATISFIES THE FOLLOWING CRITERIA:
   (A) SUCH NONPROFIT CORPORATION'S PRIMARY PURPOSE IS THE  CREATION  AND
 PRESERVATION  OF  PERMANENTLY  AFFORDABLE  SINGLE-FAMILY OR MULTI-FAMILY
 RESIDENCES;
   (B) ALL DWELLINGS AND UNITS LOCATED ON LAND OWNED  BY  SUCH  NONPROFIT
 CORPORATION IS SOLD TO A QUALIFIED OWNER TO BE OCCUPIED AS THE QUALIFIED
 OWNER'S PRIMARY RESIDENCE OR RENTED TO PERSONS OR FAMILIES OF LOW INCOME
 AS DEFINED IN SUBDIVISION NINETEEN OF SECTION TWO OF THIS CHAPTER; AND
   (C)  THE  LAND OWNED BY THE NONPROFIT CORPORATION, ON WHICH A DWELLING
 OR UNIT SOLD TO A QUALIFIED OWNER IS SITUATED, IS LEASED BY SUCH  CORPO-
 RATION  TO  THE QUALIFIED OWNER FOR THE CONVENIENT OCCUPATION AND USE OF
 SUCH DWELLING OR UNIT FOR AN INITIAL  TERM  OF  NINETY-NINE  YEARS  WITH
 RENEWAL RIGHTS UNDER THE SAME INITIAL TERMS AND CONDITIONS.
   §  2.  The  private  housing  finance  law  is amended by adding a new
 section 59-j to read as follows:
   § 59-J. THE NEW YORK STATE COMMUNITY LAND TRUST ACQUISITION FUND.  THE
 AFFORDABLE  HOUSING CORPORATION, CREATED BY SECTION FORTY-FIVE-B OF THIS
 S. 8306--B                         129
 
 ARTICLE, SHALL CREATE AND ESTABLISH A SPECIAL FUND KNOWN AS THE NEW YORK
 STATE COMMUNITY LAND TRUST ACQUISITION FUND AND SHALL PAY INTO THIS FUND
 ANY MONEYS WHICH MAY BE MADE  AVAILABLE  TO  SUCH  CORPORATION  FOR  THE
 PURPOSES  OF  THIS  FUND  FROM  ANY  SOURCE INCLUDING BUT NOT LIMITED TO
 MONEYS APPROPRIATED BY AND MADE AVAILABLE PURSUANT TO  APPROPRIATION  BY
 THE  STATE  AND  ANY  INCOME OR INTEREST EARNED BY, OR INCREMENT TO, THE
 ACCOUNT DUE TO THE INVESTMENT THEREOF OR LOANS MADE PURSUANT TO  ARTICLE
 NINETEEN OF THIS CHAPTER. THE MONEYS HELD IN OR CREDITED TO THE ACQUISI-
 TION  FUND  ESTABLISHED  UNDER  THIS SECTION SHALL BE EXPENDED SOLELY TO
 CARRY OUT THE PROVISIONS OF ARTICLE NINETEEN OF THIS CHAPTER EXCLUSIVELY
 FOR COMMUNITY LAND TRUSTS AS DEFINED  IN  SUBDIVISION  NINE  OF  SECTION
 ELEVEN HUNDRED ELEVEN OF THIS CHAPTER.
   § 3. This act shall take effect immediately.
 
                                  PART SS
 
   Section 1. The real property law is amended by adding a new article 16
 to read as follows:
                                ARTICLE 16
                         ACCESSORY DWELLING UNITS
 SECTION 480. DEFINITIONS.
         481. ACCESSORY DWELLING UNIT INCENTIVE PROGRAM AND LOCAL LAWS.
         482. LOW- AND MODERATE-INCOME HOMEOWNERS PROGRAM.
   § 480. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHER-
 WISE REQUIRES, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ACCESSORY  DWELLING  UNIT"  SHALL  MEAN AN ATTACHED OR A DETACHED
 RESIDENTIAL DWELLING UNIT  THAT  PROVIDES  COMPLETE  INDEPENDENT  LIVING
 FACILITIES  FOR  ONE  OR  MORE  PERSONS WHICH IS LOCATED ON A LOT WITH A
 PROPOSED OR EXISTING  PRIMARY  RESIDENCE  AND  SHALL  INCLUDE  PERMANENT
 PROVISIONS  FOR LIVING, SLEEPING, EATING, COOKING, AND SANITATION ON THE
 SAME LOT AS THE SINGLE-FAMILY OR MULTI-FAMILY DWELLING.
   2. "LOCAL GOVERNMENT" SHALL MEAN A CITY, TOWN OR VILLAGE.
   3. "LOW-INCOME HOMEOWNERS"  SHALL  MEAN  HOMEOWNERS  WITH  AN  INCOME,
 ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING EIGHTY PERCENT OF THE AREA MEDI-
 AN INCOME.
   4.  "MODERATE-INCOME HOMEOWNERS" SHALL MEAN HOMEOWNERS WITH AN INCOME,
 ADJUSTED FOR FAMILY SIZE, NOT EXCEEDING ONE HUNDRED  TWENTY  PERCENT  OF
 THE AREA MEDIAN INCOME AS DEFINED BY THE DIVISION.
   5.  "NONCONFORMING ZONING CONDITION" SHALL MEAN A PHYSICAL IMPROVEMENT
 ON A PROPERTY THAT DOES NOT CONFORM WITH CURRENT ZONING STANDARDS.
   6. "PROPOSED DWELLING" SHALL MEAN A DWELLING THAT IS THE SUBJECT OF  A
 PERMIT APPLICATION AND THAT MEETS THE REQUIREMENTS FOR PERMITTING.
   7.  "DIVISION"  SHALL  MEAN THE NEW YORK STATE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL.
   § 481. ACCESSORY DWELLING UNIT INCENTIVE PROGRAM AND  LOCAL  LAWS.  1.
 WITHIN  ONE  HUNDRED  EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE,
 THE DIVISION SHALL ESTABLISH AN OPT-IN PROGRAM FOR LOCAL GOVERNMENTS WHO
 ALREADY HAVE OR WHO ENACT A  LOCAL  LAW  OR  ORDINANCE  THAT  MEETS  THE
 REQUIREMENTS  OF  SUBDIVISION  TWO  OF THIS SECTION WHICH ENCOURAGES THE
 CREATION OF ACCESSORY DWELLING UNITS. A LOCAL GOVERNMENT SHALL HAVE FIVE
 YEARS FROM THE DATE SUCH PROGRAM IS ESTABLISHED TO ENACT SUCH LOCAL  LAW
 OR ORDINANCE TO QUALIFY FOR THE PROGRAM.
   2.  (A) TO QUALIFY FOR THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION, A LOCAL LAW OR ORDINANCE SHALL:
   (I) DESIGNATE AREAS WITHIN THE JURISDICTION OF  THE  LOCAL  GOVERNMENT
 WHERE  ACCESSORY  DWELLING  UNITS  SHALL  BE PERMITTED. DESIGNATED AREAS
 S. 8306--B                         130
 
 SHALL INCLUDE ALL AREAS ZONED FOR SINGLE-FAMILY OR MULTI-FAMILY RESIDEN-
 TIAL USE, AND ALL LOTS WITH AN EXISTING RESIDENTIAL USE.
   (II)  PROVIDE  FOR PROTECTIONS FOR EXISTING ILLEGAL ACCESSORY DWELLING
 UNITS TO AID IN THE CONVERSION OF SUCH UNITS  TO  BECOME  LEGAL  AND  IN
 COMPLIANCE  WITH  STATE AND LOCAL REGULATIONS, INCLUDING BUT NOT LIMITED
 TO: (1) A MECHANISM FOR THE CONVERSION OF AN ILLEGAL ACCESSORY  DWELLING
 UNIT  TO  BE  A LEGAL UNIT, PROVIDED SUCH UNIT IS IN COMPLIANCE WITH ALL
 APPLICABLE FIRE AND SAFETY CODES; AND (2)  PROTECTIONS  FOR  TENANTS  OF
 ILLEGAL ACCESSORY DWELLING UNITS FROM UNREASONABLE RENT INCREASES.
   (III)  PROVIDE  FOR  A  STREAMLINED APPROVAL PROCESS INVOLVING NO MORE
 THAN ONE MEETING WITH THE APPLICABLE APPROVING AUTHORITY,  AND  LIMITING
 THE  COST  OF  ANY NECESSARY APPLICATIONS AND PERMITS TO A TOTAL OF FIVE
 HUNDRED DOLLARS.
   (IV) PROVIDE THAT SEWER AND SEPTIC HOOKUPS SHALL BE GOVERNED UNDER THE
 APPLICABLE EXISTING LOCAL REQUIREMENTS.
   (B) A QUALIFYING LOCAL LAW OR ORDINANCE MAY:
   (I) REQUIRE OWNER OCCUPANCY IN EITHER THE PRIMARY OR ACCESSORY  DWELL-
 ING UNIT.
   (II) SET A MINIMUM LEASE DURATION FOR ACCESSORY DWELLING UNITS.
   (III) LIMIT THE TOTAL BUILD OUT TO THE EXISTING ALLOWABLE SQUARE-FOOT-
 UNDER-FLOOR RATIO AND LOT COVERAGE, CONSISTENT WITH EXISTING SETBACK FOR
 OTHER ACCESSORY USES.
   (IV)  SET  MINIMUM  OR  MAXIMUM  SIZE LIMITS FOR AN ACCESSORY DWELLING
 UNIT.
   (C) TO QUALIFY FOR THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION, A LOCAL LAW OR ORDINANCE SHALL NOT:
   (I) IMPOSE AN OFF-STREET PARKING REQUIREMENT ON AN ACCESSORY  DWELLING
 UNIT,   EXCEPT  WHERE  NO  ADJACENT  PUBLIC  STREET  PERMITS  YEAR-ROUND
 ON-STREET PARKING AND THE ACCESSORY DWELLING UNIT IS GREATER  THAN  ONE-
 HALF  MILE FROM A SUBWAY STOP, RAIL STATION OR BUS STOP. FOR PURPOSES OF
 THIS SUBPARAGRAPH, AN ADJACENT PUBLIC  STREET  SHALL  BE  CONSIDERED  AS
 PERMITTING  YEAR-ROUND  ON-STREET  PARKING  NOTWITHSTANDING  RULES  THAT
 PROHIBIT PARKING DURING LIMITED HOURS OR ON CERTAIN DAYS OF THE WEEK.
   (II) IMPOSE UNDUE OR UNNECESSARY FIRE AND SAFETY  CODES  ON  ACCESSORY
 DWELLING UNITS.
   (III)  REQUIRE  MORE  THAN  ONE POINT OF EXTERIOR ACCESS BY DOOR TO AN
 ACCESSORY DWELLING UNIT.
   3. TO OPT-IN TO THE PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION A LOCAL GOVERNMENT SHALL SUBMIT A COPY OF ITS LOCAL LAW  OR
 ORDINANCE  TO  THE  DIVISION.  WITHIN  NINETY DAYS OF RECEIPT OF A LOCAL
 GOVERNMENT'S LAW OR ORDINANCE, THE DIVISION SHALL SUBMIT  WRITTEN  FIND-
 INGS  TO THE LOCAL GOVERNMENT AS TO WHETHER THE LOCAL GOVERNMENT'S LOCAL
 LAW OR ORDINANCE QUALIFIES FOR THE PROGRAM.
   4. ALL LOCAL GOVERNMENTS WHO OPT-IN TO THE PROGRAM AND ARE  DETERMINED
 BY  THE  DIVISION  TO  HAVE A QUALIFYING LOCAL LAW OR ORDINANCE SHALL BE
 ELIGIBLE FOR A TEN PERCENT INCREASE OF POINTS ON SUCH LOCAL GOVERNMENT'S
 CONSOLIDATED FUNDING APPLICATION, A TEN  PERCENT  INCREASE  IN  AID  AND
 INCENTIVES  FOR MUNICIPALITIES AND AID AND INCENTIVES FOR MUNICIPALITIES
 RELATED PAYMENTS, INCREASED ELIGIBILITY FOR  INDIVIDUAL  INFRASTRUCTURE,
 TRANSPORTATION, PARKS, AND ECONOMIC DEVELOPMENT GRANTS.
   §  482.  LOW-  AND  MODERATE-INCOME  HOMEOWNERS PROGRAM. 1. WITHIN ONE
 HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE  DIVISION
 SHALL  ESTABLISH  A  LENDING PROGRAM TO ASSIST LOW-INCOME HOMEOWNERS AND
 MODERATE-INCOME HOMEOWNERS IN SECURING FINANCING  FOR  THE  CREATION  OF
 ACCESSORY DWELLING UNITS.
 S. 8306--B                         131
 
   2.  AN  ACCESSORY  DWELLING  UNIT FINANCED WITH THE ASSISTANCE OF SUCH
 PROGRAM SHALL, IF SUCH ASSISTANCE IS IN THE FORM OF A  FORGIVABLE  GRANT
 AT  A BELOW-MARKET RATE FOR A PERIOD OF NO LESS THAN THIRTY YEARS AND IF
 ANY SUCH ASSISTANCE IS IN THE FORM OF A REPAYABLE LOAN, BE  OFFERED  FOR
 RENT AT A BELOW-MARKET RATE FOR A PERIOD OF FIFTEEN YEARS.
   3.  SUCH  PROGRAM  SHALL  BE FUNDED THROUGH CAPITAL PROJECTS APPROPRI-
 ATIONS AND REAPPROPRIATIONS SET FORTH IN THE STATE FISCAL  YEAR  HOUSING
 PROGRAM.
   4.  WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
 CLE, THE DIVISION SHALL ESTABLISH A PROGRAM TO PROVIDE TECHNICAL ASSIST-
 ANCE TO ALL HOMEOWNERS SEEKING TO CREATE AN ACCESSORY DWELLING UNIT, AND
 TO PROTECT TENANTS OF ACCESSORY DWELLING UNITS  AGAINST  DISCRIMINATION,
 UNREASONABLE RENT INCREASES AND UNWARRANTED EVICTIONS.
   5.  AN  ACCESSORY  DWELLING  UNIT FINANCED WITH THE ASSISTANCE OF SUCH
 PROGRAM SHALL BE LIMITED TO AN ANNUAL MAXIMUM RENT INCREASE OF THE LOWER
 OF (A) THREE PERCENT OR (B) ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE
 CHANGE IN THE CONSUMER PRICE INDEX FOR THE REGION IN WHICH THE ACCESSORY
 DWELLING UNIT IS LOCATED.
   6. THE DIVISION  SHALL  PROMULGATE  PROGRAM  CRITERIA  AND  GUIDELINES
 NECESSARY TO CARRY OUT SUCH PROGRAM.
   §  2.  Section  292  of  the  executive law is amended by adding a new
 subdivision 42 to read as follows:
   42. THE TERM "HOUSING ACCOMMODATION" AS USED  IN  THIS  ARTICLE  SHALL
 INCLUDE  AN  ACCESSORY  DWELLING  UNIT  AS DEFINED IN SUBDIVISION ONE OF
 SECTION FOUR HUNDRED EIGHTY OF THE REAL PROPERTY LAW.
   § 3. Paragraph (a) of subdivision 1 of section 296  of  the  executive
 law,  as separately amended by chapters 202 and 748 of the laws of 2022,
 is amended to read as follows:
   (a) For an employer or licensing agency, because  of  an  individual's
 age,  race,  creed,  color,  national origin, citizenship or immigration
 status, sexual orientation,  gender  identity  or  expression,  military
 status,  sex, disability, predisposing genetic characteristics, familial
 status, marital status, or status as a victim of domestic  violence,  to
 refuse  to hire or employ or to bar or to discharge from employment such
 individual or to discriminate against such individual in compensation or
 in terms, conditions or privileges of employment.  IN  THE  CASE  OF  AN
 ACCESSORY  DWELLING  UNIT  AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
 HUNDRED EIGHTY  OF  THE  REAL  PROPERTY  LAW,  THE  EXEMPTION  FROM  THE
 PROVISIONS  OF  THIS PARAGRAPH FOR THE RENTAL OF A HOUSING ACCOMMODATION
 IN A BUILDING WHICH CONTAINS HOUSING ACCOMMODATIONS FOR  NOT  MORE  THAN
 TWO FAMILIES LIVING INDEPENDENTLY OF EACH OTHER, IF THE OWNER RESIDES IN
 ONE OF SUCH ACCOMMODATIONS, SHALL NOT APPLY.
   §  4.  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
 S. 8306--B                         132
 
 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
 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
 S. 8306--B                         133

 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 PRE-EXISTING 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; AND
   (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.
   §  5.  This  act shall take effect immediately; provided however, that
 section four of this act shall apply to assessment rolls based on  taxa-
 ble status dates occurring on or after such effective date.
 
                                  PART TT
 
   Section  1. The executive law is amended by adding a new article 29 to
 read as follows:
 S. 8306--B                         134
 
                                ARTICLE 29
               NEW YORK STATE OFFICE OF CIVIL REPRESENTATION
 SECTION 827. OFFICE OF CIVIL REPRESENTATION.
         828. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION.
         829. DEFINITIONS.
         830. PROVISION  OF LEGAL REPRESENTATION, LEGAL CONSULTATION, AND
                COMMUNITY EDUCATION.
   § 827. OFFICE OF CIVIL REPRESENTATION. 1. THERE IS HEREBY  ESTABLISHED
 IN  THE EXECUTIVE DEPARTMENT AN OFFICE OF CIVIL REPRESENTATION TO CREATE
 AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT  TO
 SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE.
   2.  THE  OFFICE  SHALL BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE
 APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.
   § 828. POWERS AND DUTIES OF THE OFFICE OF  CIVIL  REPRESENTATION.  THE
 EXECUTIVE DIRECTOR SHALL HAVE THE POWER AND DUTY TO:
   1.  ESTABLISH  A  PROGRAM  TO  PROVIDE  LEGAL REPRESENTATION AND LEGAL
 CONSULTATION INCLUDING ENTERING INTO CONTRACTS AND AGREEMENTS AS MAY  BE
 NECESSARY, IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY OF THIS ARTI-
 CLE;
   2.  PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT  REGARDING  THE
 PROGRAM  CREATED  UNDER  SECTION  EIGHT  HUNDRED THIRTY OF THIS ARTICLE.
 SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO THE  FOLLOWING  INFORMA-
 TION,  DISAGGREGATED  BY COUNTY, PROVIDED, HOWEVER, THAT THE INFORMATION
 SHALL NOT BE REQUIRED FOR EVERY CASE WHERE  THE  INDIVIDUAL  REFUSES  TO
 PROVIDE THE INFORMATION OR THE INFORMATION IS NOT REASONABLY ASCERTAINA-
 BLE:
   (A) THE TOTAL NUMBER OF PEOPLE PROVIDED LEGAL REPRESENTATION AND LEGAL
 CONSULTATION;
   (B)  THE  OUTCOMES  OF THE CASES PROVIDED LEGAL REPRESENTATION AND, TO
 THE EXTENT KNOWN, THE OUTCOMES OF THE CASES PROVIDED LEGAL CONSULTATION;
   (C) GENDER, RACE, ETHNICITY, AND AGE;
   (D) POSTAL CODE OF RESIDENCE;
   (E) HOUSEHOLD SIZE;
   (F) ESTIMATED LENGTH OF TENANCY;
   (G) APPROXIMATE HOUSEHOLD INCOME;
   (H) RECEIPT OF ONGOING  PUBLIC  ASSISTANCE  AT  THE  TIME  SUCH  LEGAL
 SERVICES WERE INITIATED;
   (I) TENANCY IN RENT-REGULATED HOUSING;
   (J)  TENANCY  IN  HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL,
 STATE OR LOCAL RENTAL SUBSIDY PROGRAM;
   (K) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE;
   (L) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN
 WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND  THE  AMOUNT  OF  FUNDING
 PROVIDED TO EACH;
   (M)  OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE-
 SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT  LIMITED  TO,
 THE NUMBER OF:
   (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE;
   (II)  JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI-
 DENCE; AND
   (III) INSTANCES WHERE  AN  ATTORNEY  REPRESENTING  AN  INCOME-ELIGIBLE
 INDIVIDUAL WAS DISCHARGED OR WITHDREW;
   (N) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS;
   (O)  RESIDENTIAL  EVICTIONS  CONDUCTED  BY  SHERIFFS OR CITY MARSHALS,
 DISAGGREGATED BY COUNTY;
 S. 8306--B                         135
 
   (P) A LIST  OF  DESIGNATED  COMMUNITY  ORGANIZATIONS,  THE  GEOGRAPHIC
 REGION  IN  WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF
 FUNDING PROVIDED TO EACH;
   (Q)  THE  NUMBER  OF  BUILDINGS  IN  WHICH OUTREACH WAS CONDUCTED, THE
 NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH  WORKSHOPS,
 THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION
 501  (C)  (3) OF THE UNITED STATES INTERNAL REVENUE CODE, AND THE NUMBER
 OF TRAININGS OFFERED; AND
   (R) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR
 ANY FUTURE PROGRAMMATIC IMPROVEMENTS.
   3. PROVIDE AN ANNUAL ESTIMATE FOR THE FUNDING NECESSARY FOR THE OPERA-
 TION OF THE PROGRAM UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE;
   4. COORDINATE WITH OTHER PROGRAMS PROVIDING  LEGAL  REPRESENTATION  IN
 COVERED  PROCEEDINGS  TO  ENSURE  EFFICIENCY OF FUNCTIONS AND TO PREVENT
 DUPLICATION OF WORK;
   5. SUBJECT TO AVAILABLE FUNDING, CREATE A PROGRAM  PROVIDING  OUTREACH
 AND EDUCATION THROUGH DESIGNATED LEGAL ORGANIZATIONS, OR OTHER COMMUNITY
 ORGANIZATIONS,  TO  SPREAD AWARENESS OF THE AVAILABILITY OF LEGAL REPRE-
 SENTATION AND LEGAL CONSULTATION BY SUCH DESIGNATED LEGAL ORGANIZATIONS;
   6. CREATE AND MAKE AVAILABLE RESOURCES FOR INDIVIDUALS WITH REGARD  TO
 THEIR  RIGHTS IN CIVIL LEGAL MATTERS REGARDING HOUSING ACCOMMODATIONS IN
 THE LANGUAGES REQUIRED BY LAW AND SUCH ADDITIONAL LANGUAGES  AS  MAY  BE
 NECESSARY; AND
   7.  PROMULGATES ANY RULES, REGULATIONS, AND GUIDANCE NECESSARY FOR THE
 IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE.
   § 829. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EXECUTIVE  DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE NEW YORK
 STATE OFFICE OF CIVIL REPRESENTATION.
   2. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION.
   3. "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS AT RISK OF  LOSING
 THEIR  HOUSING  ACCOMMODATION  IN  A  COVERED  PROCEEDING AND WHO HAS AN
 INCOME AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME  AND,  WHERE
 APPLICABLE,  DOES  NOT  OTHERWISE QUALIFY FOR LEGAL REPRESENTATION UNDER
 ANY OTHER PROGRAM PROVIDING INDIVIDUALS LEGAL REPRESENTATION OPERATED OR
 FUNDED BY A MUNICIPALITY, AS WELL AS ANY OTHER INDIVIDUAL MEETING CRITE-
 RIA DEVELOPED BY THE OFFICE, WHICH MAY INCLUDE BUT  NOT  BE  LIMITED  TO
 INDIVIDUALS ELIGIBLE FOR A STAY ON THE ISSUANCE OF A WARRANT OF EVICTION
 UNDER SECTION SEVEN HUNDRED FIFTY-THREE OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW.
   4. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT AN INDIVIDUAL OR
 OTHERWISE  TERMINATE  A  TENANCY, ANY OTHER PROCEEDING THAT IS LIKELY TO
 RESULT IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING  ACCOMMODATION,
 AS  DETERMINED  BY  THE  OFFICE,  OR A PROCEEDING BROUGHT BY AN ELIGIBLE
 INDIVIDUAL TO ENFORCE THE WARRANTY OF HABITABILITY OR IN RESPONSE TO THE
 UNLAWFUL ACTIONS OF A LANDLORD, AS WELL AS ANY  APPEALS  FROM  ANY  SUCH
 PROCEEDINGS.
   5. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 OR  ASSOCIATION  HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3) OF THE
 UNITED STATES INTERNAL REVENUE CODE THAT HAS  THE  CAPACITY  TO  PROVIDE
 COMPREHENSIVE  AND  EFFECTIVE LEGAL SERVICES FOR THE PROGRAM ESTABLISHED
 UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT  PRAC-
 TICABLE, SUCH DESIGNATED LEGAL ORGANIZATIONS SHALL BE ORGANIZATIONS THAT
 MAINTAIN A PRACTICE OF FURNISHING FREE OR REDUCED COST LEGAL SERVICES TO
 INDIVIDUALS;   POSSESS  EXPERTISE  IN  THE  AREAS  OF  LAW  FOR  COVERED
 PROCEEDINGS; HAVE A DEMONSTRATED HISTORY OR PRACTICE WITH REGARD TO  THE
 S. 8306--B                         136
 
 LEGAL  ISSUES  FACING  LOW-INCOME  RESIDENTS  OF  THE STATE OF NEW YORK;
 POSSESS ADEQUATE INFRASTRUCTURE TO PROVIDE  CONSISTENT  LEGAL  REPRESEN-
 TATION AND/OR LEGAL CONSULTATION.
   6.  "DESIGNATED  COMMUNITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGAN-
 IZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION  501(C)(3)
 OF  THE  UNITED  STATES  INTERNAL  REVENUE CODE THAT HAS THE CAPACITY TO
 PROVIDE EDUCATION IN A PROGRAM ESTABLISHED UNDER SECTION  EIGHT  HUNDRED
 THIRTY  OF  THIS  ARTICLE.  TO  THE  EXTENT PRACTICABLE, SUCH DESIGNATED
 COMMUNITY ORGANIZATION SHALL MAINTAIN  A  PRACTICE  OF  FURNISHING  FREE
 SERVICES;  POSSESS  EXPERTISE  AND EXPERIENCE IN COMMUNITY EDUCATION AND
 ORGANIZING, AND TIES TO THE COMMUNITIES THEY SERVE;  DEMONSTRATE  EXPER-
 TISE  IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING LOW-IN-
 COME RESIDENTS OF THE STATE OF NEW YORK; POSSESS ADEQUATE  EXPERTISE  TO
 PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVAL-
 UATION,  AND  STRATEGIC  RESPONSE  TO  EMERGING OR CHANGING NEEDS IN THE
 COMMUNITIES SERVED; AND MAINTAIN REASONABLE WORKLOADS AND WORKING CONDI-
 TIONS FOR THEIR STAFF.
    7. "LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED
 BY A DESIGNATED LEGAL  ORGANIZATION  TO  ELIGIBLE  INDIVIDUALS  AND  THE
 PROVISION  OF  LEGAL ADVICE, ADVOCACY, AND ASSISTANCE, INCLUDING BUT NOT
 BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION  OF
 PLEADINGS  AND  MOTIONS ON BEHALF OF ELIGIBLE INDIVIDUALS, COURT APPEAR-
 ANCES ON BEHALF OF ELIGIBLE INDIVIDUALS, PRE- AND POST-TRIAL  SETTLEMENT
 CONFERENCES,  AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE LEGAL REPRESEN-
 TATION IN A COVERED PROCEEDING.
   8. "LEGAL CONSULTATION" MEANS THE PROVISION OF LEGAL ADVICE, INCLUDING
 ADVISING AN INDIVIDUAL, WHO IS  NOT  OTHERWISE  AN  ELIGIBLE  INDIVIDUAL
 UNDER  THIS  SECTION,  OF THE APPLICABLE LAWS AND REMEDIES PERTAINING TO
 THE COVERED PROCEEDING IN WHICH THEY ARE INVOLVED, PROVIDED BY A  DESIG-
 NATED LEGAL ORGANIZATION TO AN INDIVIDUAL WHO IS NOT OTHERWISE AN ELIGI-
 BLE INDIVIDUAL.
   9.  "HOUSING  ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC-
 TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR  INTENDED,
 ARRANGED  OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS
 AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD-
 ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL  ESSENTIAL  SERVICES,  PRIVI-
 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   §  830.  PROVISION  OF  LEGAL  REPRESENTATION, LEGAL CONSULTATION, AND
 COMMUNITY EDUCATION.  1. SUBJECT TO AVAILABLE FUNDING AND IN  ACCORDANCE
 WITH THIS ARTICLE, THE OFFICE SHALL DEVELOP PROGRAMS TO PROVIDE:
   (A)   LEGAL REPRESENTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGAN-
 IZATIONS TO ELIGIBLE INDIVIDUALS IN COVERED PROCEEDINGS  THROUGHOUT  THE
 STATE;
   (B)  LEGAL CONSULTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGANIZA-
 TIONS TO INDIVIDUALS NOT ELIGIBLE FOR LEGAL  REPRESENTATION  UNDER  THIS
 ARTICLE  AND  NOT  OTHERWISE  ELIGIBLE  FOR LEGAL CONSULTATION UNDER ANY
 PROGRAM OPERATED OR FUNDED BY A MUNICIPALITY; AND
   (C) COMMUNITY OUTREACH AND EDUCATION THROUGH ONE  OR  MORE  DESIGNATED
 LEGAL  ORGANIZATIONS AND/OR DESIGNATED COMMUNITY ORGANIZATIONS REGARDING
 THE PROGRAMS CREATED HEREIN.
   2. IN CREATING THE PROGRAMS UNDER SUBDIVISION ONE OF THIS SECTION, THE
 EXECUTIVE DIRECTOR SHALL CONSULT WITH THE FOLLOWING:
   (A) TENANTS AND/OR REPRESENTATIVES OF TENANTS,  AND  COMMUNITY  GROUPS
 REPRESENTING LOW-INCOME OR OTHER AT-RISK MEMBERS OF THE COMMUNITY;
   (B) LEGAL AND COMMUNITY-BASED ORGANIZATIONS;
 S. 8306--B                         137
 
   (C) REPRESENTATIVES OF THE JUDICIARY;
   (D)  REPRESENTATIVES  OF A MUNICIPALITY OPERATING OR FUNDING A PROGRAM
 PROVIDING LEGAL REPRESENTATION, LEGAL CONSULTATION, OR COMMUNITY  EDUCA-
 TION  AND  OUTREACH AND/OR REPRESENTATIVES OF THE ORGANIZATIONS INVOLVED
 IN SUCH PROGRAMS; AND
   (E) ANY OTHER ORGANIZATIONS OR INDIVIDUALS  AS  MAY  BE  NECESSARY  AS
 DETERMINED BY THE EXECUTIVE DIRECTOR.
   3.  THE  OFFICE  SHALL  POST  ON ITS WEBSITE INFORMATION REGARDING THE
 PROGRAMS CREATED UNDER THIS SECTION INCLUDING HOW INDIVIDUALS  MAY  FIND
 SERVICES AVAILABLE IN THEIR GEOGRAPHIC AREA.
   4. THE OFFICE SHALL HOLD ONE OR MORE HEARINGS OR LISTENING SESSIONS IN
 EACH  REGION  OF  THE  STATE ON AN ANNUAL BASIS TO EVALUATE THE PROGRAMS
 CREATED PURSUANT TO THIS SECTION AND TO INCORPORATE ANY NECESSARY CHANG-
 ES TO SUCH PROGRAMS.
   § 2. Section 701 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  ANY  COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION
 EIGHT HUNDRED  TWENTY-NINE  OF  THE  EXECUTIVE  LAW,  SHALL  NOTIFY  ALL
 RESPONDENTS  BY  MAIL  UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN
 DAYS BEFORE TRIAL, OF THE ABILITY  TO  OBTAIN  LEGAL  REPRESENTATION  OR
 LEGAL  CONSULTATION,  AS  APPLICABLE,  PURSUANT TO SECTION EIGHT HUNDRED
 THIRTY OF THE EXECUTIVE LAW.
   § 3. Subdivisions 1 and 2 of section 711 of the real property  actions
 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
 of  1963 and subdivision 2 as amended by section 12 of part M of chapter
 36 of the laws of 2019, are amended to read as follows:
   1. The tenant continues in possession of any portion of  the  premises
 after  the expiration of [his] THE TENANT'S term, without the permission
 of the landlord or, in  a  case  where  a  new  lessee  is  entitled  to
 possession, without the permission of the new lessee. Acceptance of rent
 after  commencement of the special proceeding upon this ground shall not
 terminate such proceeding nor effect any  award  of  possession  to  the
 landlord  or to the new lessee, as the case may be. A proceeding seeking
 to recover possession of real property by reason of the  termination  of
 the  term  fixed  in the lease pursuant to a provision contained therein
 giving the landlord the right to terminate the time fixed for  occupancy
 under  such  agreement if [he deem] THE LANDLORD DEEMS the tenant objec-
 tionable, shall not be maintainable unless the landlord shall by  compe-
 tent evidence establish to the satisfaction of the court that the tenant
 is  objectionable.    NO PROCEEDING SHALL BE MAINTAINED UNLESS THE COURT
 HAS NOTIFIED  AN INDIVIDUAL OF THE ABILITY  TO  OBTAIN  LEGAL  REPRESEN-
 TATION  OR  LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT
 HUNDRED THIRTY OF THE EXECUTIVE LAW.
   2. The tenant has defaulted in the payment of rent,  pursuant  to  the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has  been  served  upon  [him] THE TENANT as prescribed in section seven
 hundred thirty-five of this article. NO PROCEEDING SHALL  BE  MAINTAINED
 UNLESS  THE  COURT  HAS  NOTIFIED AN INDIVIDUAL OF THE ABILITY TO OBTAIN
 LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE,  PURSUANT  TO
 SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. Any person succeeding
 to the landlord's interest in the premises may proceed under this subdi-
 vision  for  rent due [his] TO THE LANDLORD'S predecessor in interest if
 [he] SUCH PERSON has a right thereto. Where a  tenant  dies  during  the
 term  of  the  lease and rent due has not been paid and the apartment is
 S. 8306--B                         138
 
 occupied by a person with a claim to possession,  a  proceeding  may  be
 commenced  naming  the  occupants  of the apartment seeking a possessory
 judgment only as against the estate. Entry of such a judgment  shall  be
 without  prejudice  to  the  possessory claims of the occupants, and any
 warrant issued shall not be effective as against the occupants.
   § 4. Section 713 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 12 to read as follows:
   12.  NO  PROCEEDING SHALL BE MAINTAINED, UNLESS THE COURT HAS PROVIDED
 THE RESPONDENT WITH WRITTEN NOTICE OF THE ABILITY OF THE  RESPONDENT  TO
 OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSU-
 ANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW.
   §  5.  Section 745 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. WHERE A RESPONDENT WHO IS AN ELIGIBLE  INDIVIDUAL,  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION EIGHT HUNDRED TWENTY-NINE OF THE EXECUTIVE
 LAW, APPEARS IN COURT WITHOUT  COUNSEL,  THE  COURT  SHALL  NOTIFY  SUCH
 RESPONDENT ORALLY OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION PURSUANT
 TO  SECTION  EIGHT  HUNDRED  THIRTY  OF  THE  EXECUTIVE LAW, AND IF SUCH
 RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL  ADJOURN  THE  TRIAL  AND
 PROVIDE  SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPOND-
 ENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER  ADJOURN-
 MENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN
 COUNSEL.
   §  6. Subdivisions 1 and 3 of section 749 of the real property actions
 and proceedings law, as amended by section 19 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   1. Upon rendering a final judgment for  petitioner,  the  court  shall
 issue  a warrant directed to the sheriff of the county or to any consta-
 ble or marshal of the city in which the property, or a portion  thereof,
 is  situated,  or,  if it is not situated in a city, to any constable of
 any town in the county, describing the property,  stating  the  earliest
 date  upon which execution may occur pursuant to the order of the court,
 and commanding the officer to remove all persons named in  the  proceed-
 ing,  provided  upon a showing of good cause, the court may issue a stay
 of re-letting or renovation of the premises for a reasonable  period  of
 time.  HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE
 OF A WARRANT OF EVICTION AGAINST A  RESPONDENT  WHO  HAS  DEFAULTED,  OR
 AUTHORIZE  THE  EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT,
 UNLESS THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF  THE
 RESPONDENT'S   ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTA-
 TION, AS APPLICABLE, PURSUANT TO SECTION EIGHT  HUNDRED  THIRTY  OF  THE
 EXECUTIVE LAW IN EVICTION PROCEEDINGS IN THE NOTICE REQUIRED BY SECTIONS
 SEVEN  HUNDRED  ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-
 FIVE OF THIS ARTICLE.
   3. Nothing contained herein shall deprive the court of  the  power  to
 stay  or vacate such warrant for good cause shown prior to the execution
 thereof, or to restore the tenant to possession subsequent to  execution
 of  the  warrant.  THE  FAILURE  OF THE COURT TO ADVISE AN INDIVIDUAL OF
 THEIR ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL  CONSULTATION,  AS
 APPLICABLE,  PURSUANT  TO  SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE
 LAW IN AN EVICTION PROCEEDING SHALL CONSTITUTE GOOD  CAUSE  TO  STAY  OR
 VACATE  SUCH  WARRANT.  In a judgment for non-payment of rent, the court
 shall vacate a warrant upon tender or deposit with the court of the full
 rent due at any time prior  to  its  execution,  unless  the  petitioner
 establishes  that  the tenant withheld the rent due in bad faith.  Peti-
 tioner may recover by action any sum of money which was payable  at  the
 S. 8306--B                         139
 
 time  when the special proceeding was commenced and the reasonable value
 of the use and occupation to the time when the warrant was  issued,  for
 any period of time with respect to which the agreement does not make any
 provision for payment of rent.
   § 7. The real property law is amended by adding a new section 235-j to
 read as follows:
   §  235-J.  LEASE  PROVISIONS  WAIVING  RIGHT  TO  COUNSEL  VOID.   ANY
 PROVISION OF A LEASE OR  CONTRACT  WAIVING  OR  OTHERWISE  LIMITING  THE
 TENANT'S  ABILITY  TO  OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION
 UNDER SECTION EIGHT HUNDRED THIRTY OF  THE  EXECUTIVE  LAW,  AS  MAY  BE
 APPLICABLE, SHALL BE VOID AND UNENFORCEABLE.
   §  8. Severability clause. If any provision of this act, or any appli-
 cation  of  any  provision  of  this  act,  is held to be invalid, or to
 violate or be inconsistent with any  federal  law  or  regulation,  that
 shall not affect the validity or effectiveness of any other provision of
 this  act,  which can be given effect without that provision or applica-
 tion;  and to that end, the provisions and applications of this act  are
 severable.
   § 9. This act shall take effect January 1,  2025;  provided,  however,
 that  sections  two through seven of this act shall take effect one year
 after such date.
 
                                  PART UU
 
   Section 1. Section 54-m of the state finance law, as added by  section
 104 of part WWW of chapter 59 of the laws of 2017, is amended to read as
 follows:
   § 54-m. Local share requirements associated with increasing the age of
 juvenile jurisdiction above fifteen years of age. 1. Notwithstanding any
 other  provision  of  law to the contrary, counties [and the city of New
 York] shall not be required to contribute  a  local  share  of  eligible
 expenditures  that would not have been incurred absent the provisions of
 [a] PART WWW OF chapter FIFTY-NINE of the laws of two thousand seventeen
 [that added this section] unless the most recent  budget  adopted  by  a
 county  that  is  subject  to  the  provisions of section three-c of the
 general municipal law exceeded the tax levy  limit  prescribed  in  such
 section  or  the  local  government  is not subject to the provisions of
 section three-c of the general municipal law[; provided,  however,  that
 the].
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
 CITY OF NEW YORK SHALL NOT BE REQUIRED TO CONTRIBUTE A  LOCAL  SHARE  OF
 ELIGIBLE  EXPENDITURES  THAT  WOULD  NOT  HAVE  BEEN INCURRED ABSENT THE
 PROVISIONS OF PART WWW OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND
 SEVENTEEN.
   3. THE state budget director shall be authorized to  waive  any  local
 share of expenditures associated with [a] PART WWW OF chapter FIFTY-NINE
 of the laws of two thousand seventeen that increased the age of juvenile
 jurisdiction  above  fifteen  years  of age, upon a showing of financial
 hardship by a county [or the city of New York] upon application  in  the
 form  and manner prescribed by the division of the budget. In evaluating
 an application for a financial  hardship  waiver,  the  budget  director
 shall  consider the incremental cost to the locality related to increas-
 ing the age of juvenile jurisdiction, changes in state  or  federal  aid
 payments,  and  other extraordinary costs, including the occurrence of a
 disaster as defined in paragraph a of subdivision two of section  twenty
 of  the  executive law, repair and maintenance of infrastructure, annual
 S. 8306--B                         140
 
 growth in tax receipts, including personal income,  business  and  other
 taxes,  prepayment  of  debt  service  and other expenses, or such other
 factors that the director may determine.
   § 2. This act shall take effect immediately.
 
                                  PART VV
 
   Section  1. Section 17 of the social services law is amended by adding
 a new subdivision (m) to read as follows:
   (M) REQUIRE THAT ALL TEMPORARY HOUSING FACILITIES SHALL PROVIDE ACCESS
 TO HIGH-SPEED BROADBAND INTERNET SERVICE AND WIFI SERVICE TO  ALL  INDI-
 VIDUALS  RESIDING  IN SUCH TEMPORARY HOUSING.  THE WIFI SERVICE SHALL BE
 MADE AVAILABLE IN PRIVATE AND  COMMON  AREAS  ACCESSIBLE  TO  RESIDENTS.
 SUCH  SHELTER  SHALL HAVE AT LEAST ONE ROUTER AND AT LEAST ONE MODEM, OR
 ANY TECHNOLOGICAL EQUIVALENT THAT PERFORMS THE FUNCTION OF PROVIDING  AN
 AREA  WITH  HIGH-SPEED  BROADBAND INTERNET SERVICE.  FOR THE PURPOSES OF
 THIS SUBDIVISION, THE TERM "HIGH-SPEED BROADBAND INTERNET SERVICE" MEANS
 INTERNET SERVICE WITH DOWNLOAD SPEEDS OF AT LEAST ONE GIGABIT PER SECOND
 AND UPLOAD SPEEDS OF AT LEAST ONE GIGABIT PER SECOND, OR IF SUCH  SPEEDS
 ARE  NOT  AVAILABLE  THE MAXIMUM DOWNLOAD AND UPLOAD SPEEDS COMMERCIALLY
 AVAILABLE WITHIN THE LOCAL SOCIAL SERVICES DISTRICT.    THE  TERM  "WIFI
 SERVICE"  MEANS ACCESS TO HIGH-SPEED BROADBAND INTERNET THROUGH WIRELESS
 ROUTER WHICH CONNECTS TO THE INTERNET BY WIRE OR CABLE.  FOR PURPOSES OF
 THIS SUBDIVISION, TEMPORARY HOUSING SHALL INCLUDE BUT NOT BE LIMITED TO,
 SHELTERS FOR ADULTS, SHELTERS FOR ADULT FAMILIES,  SMALL-CAPACITY  SHEL-
 TERS,  SHELTERS  FOR FAMILIES WITH CHILDREN, DOMESTIC VIOLENCE SHELTERS,
 RUNAWAY AND HOMELESS YOUTH SHELTERS, SHELTERS IN HOTELS OR SHELTERS  FOR
 REFUGEES.  EACH  TEMPORARY  HOUSING  FACILITY SHALL SUBMIT THEIR PLAN TO
 PROVIDE INTERNET ACCESS PURSUANT TO THIS SUBDIVISION TO  THE  DEPARTMENT
 FOR OVERSIGHT AND APPROVAL WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SUBDIVISION.  TEMPORARY  HOUSING  FACILITIES  SHALL IMPLEMENT AND COMPLY
 WITH SUCH PLANS WITHIN ONE YEAR OF SUCH APPROVAL.
   (1) (I) A TEMPORARY HOUSING FACILITY SHALL NOT  USE,  DISCLOSE,  SELL,
 RETAIN,  OR  PERMIT  ACCESS  TO THE PERSONAL INFORMATION PERTAINING TO A
 PERSON RESIDING IN TEMPORARY HOUSING OBTAINED IN THE COURSE OF PROVIDING
 INTERNET ACCESS EXCEPT AS REQUIRED TO PROVIDE SUCH ACCESS WITHOUT REGARD
 TO CONTENT, APPLICATION, SERVICE, OR USE OF A NON-HARMFUL DEVICE, OR  TO
 RESPOND  TO  A WARRANT OR SUBPOENA ISSUED BY A COURT OF COMPETENT JURIS-
 DICTION.
   (II) FOR THE PURPOSES OF THIS SUBDIVISION, PERSONAL INFORMATION  SHALL
 MEAN  INFORMATION  THAT  DIRECTLY  OR INDIRECTLY IDENTIFIES, RELATES TO,
 DESCRIBES, IS CAPABLE OF BEING ASSOCIATED WITH, OR COULD  REASONABLY  BE
 LINKED TO A PARTICULAR INDIVIDUAL, FAMILY, OR PERSONAL DEVICE.  INFORMA-
 TION IS REASONABLY LINKABLE TO AN INDIVIDUAL, FAMILY, OR PERSONAL DEVICE
 IF  IT  CAN  BE  USED ON ITS OWN OR IN COMBINATION WITH OTHER REASONABLY
 AVAILABLE INFORMATION, REGARDLESS OF WHETHER SUCH OTHER  INFORMATION  IS
 HELD  BY  THE SOCIAL SERVICES DISTRICT OR TEMPORARY HOUSING FACILITY, TO
 IDENTIFY AN INDIVIDUAL, FAMILY, OR A PERSONAL DEVICE.
   (2) ANY CONTRACT OR AGREEMENT  FOR  INTERNET  ACCESS  PROVIDED  BY  AN
 INTERNET SERVICE PROVIDER TO A TEMPORARY HOUSING FACILITY SHALL HAVE THE
 SAME  TERMS AND CONDITIONS, OTHER THAN THE REQUIREMENTS OF THIS SECTION,
 AS THE REGULARLY PRICED COMPARABLE INTERNET PLAN OFFERED BY SUCH  INTER-
 NET SERVICE PROVIDER.
   (3) LOCAL SOCIAL SERVICES DISTRICTS, TEMPORARY HOUSING FACILITIES, AND
 THEIR  EMPLOYEES  AND  SUBCONTRACTORS  SHALL NOT BE REQUIRED TO ACTIVELY
 MONITOR OR CONTROL THE INFORMATION ACCESSED THROUGH THE WIFI SERVICE AND
 S. 8306--B                         141
 
 SHALL NOT BE HELD RESPONSIBLE FOR ANY ILLEGAL AND/OR CRIMINAL ACTIVITIES
 COMMITTED, ORCHESTRATED, OR ORGANIZED THROUGH THE PROVIDED  WIFI  ACCESS
 BY RESIDENTS.
   (4)  WHERE CREDENTIALS, SUCH AS A PASSWORD AND USERNAME, ARE NECESSARY
 TO ACCESS WIFI, TEMPORARY HOUSING FACILITIES MUST CONSPICUOUSLY  DISPLAY
 SUCH  CREDENTIALS IN ALL PUBLIC AREAS OF THE FACILITY. TEMPORARY HOUSING
 FACILITIES NEED NOT DISCLOSE THE CREDENTIALS  TO  ACCESS  WIFI  THAT  IS
 RESERVED FOR STAFF OR EMERGENCY SERVICE USE.
   (5)  WHERE A TEMPORARY HOUSING FACILITY IS A HOTEL OR MOTEL AS DEFINED
 IN SECTION ONE HUNDRED THIRTY-ONE-V OF THIS CHAPTER, AND SUCH  TEMPORARY
 HOUSING  FACILITY PROVIDES WIFI ACCESS TO PATRONS AT NO ADDITIONAL COST,
 SUCH FACILITY SHALL PROVIDE WIFI TO  ALL  RESIDENTS,  WITHOUT  DISCRIMI-
 NATION AT NO ADDITIONAL COST.
   §  2.  Subdivision  10 of section 16-gg of section 1 of chapter 174 of
 the laws of 1968, constituting the  New  York  state  urban  development
 corporation  act, as added by section 2 of part MMM of chapter 58 of the
 laws of 2022, is amended to read as follows:
   10. ConnectAll digital equity grant program.  The  ConnectAll  digital
 equity  grant  program  is  hereby established to support individuals to
 have the information technology capacity needed for  full  participation
 in  society and the economy, including the effective implementation of a
 State Digital Equity Plan or any successor plan AND TO FACILITATE, FUND,
 OR REIMBURSE, THE PROVISION OF INTERNET ACCESS AS PROVIDED  IN  SUBDIVI-
 SION  (M)  OF  SECTION  17  AND  SECTION 153 OF THE SOCIAL SERVICES LAW.
 Grants issued pursuant to this program shall be awarded in a manner  and
 form  as determined by the division consistent with all relevant federal
 laws, codes, rules, and regulations associated with the federal  Digital
 Equity  Act  as established under the Infrastructure Investment and Jobs
 Act. The division shall establish such State Digital Equity Plan and the
 procedures to solicit, receive and evaluate proposals  for  the  program
 consistent  with  rules,  regulations,  or guidelines established by the
 commissioner.
   § 3. This act shall take effect immediately.
 
                                  PART WW
 
   Section 1. The private housing finance law is amended by adding a  new
 article 32 to read as follows:
                               ARTICLE XXXII
                       INFILL HOUSING PILOT PROGRAM
 SECTION 1290. LEGISLATIVE PURPOSE.
         1291. INFILL HOUSING PILOT PROGRAM.
   §  1290.  LEGISLATIVE  PURPOSE.  IT  IS HEREBY DECLARED AND FOUND THAT
 THERE EXISTS ACROSS UPSTATE NEW YORK, AND PARTICULARLY IN THE CITIES  OF
 BUFFALO,  ROCHESTER,  SYRACUSE,  ALBANY,  AND  BINGHAMTON, A SHORTAGE OF
 AFFORDABLE HOUSING UNITS AVAILABLE FOR PURCHASE.  IT  IS  FURTHER  FOUND
 THAT  HOMEOWNERSHIP  IS  ESSENTIAL FOR BUILDING GENERATIONAL WEALTH, AND
 THAT THE STATE THEREFORE HAS AN INTEREST IN PROMOTING HOMEOWNERSHIP.  IN
 ORDER,  FURTHER,  TO  PROMOTE  HOMEOWNERSHIP, IT IS HEREBY DECLARED THAT
 ADDITIONAL PROVISIONS SHOULD BE MADE TO PROVIDE PUBLIC  MONIES  FOR  THE
 PURPOSES  OF  ONE-  TO  TWO-  FAMILY DWELLINGS IN THE CITIES OF BUFFALO,
 ROCHESTER, SYRACUSE, ALBANY, AND BINGHAMTON  FOR  PURCHASE  BY  LOW  AND
 MODERATE  INCOME  BUYERS  LIVING  IN  OR NEAR THE CENSUS TRACT WHERE THE
 PROPERTY IS LOCATED.   THE NECESSITY IN  THE  PUBLIC  INTEREST  FOR  THE
 PROVISIONS OF THIS ARTICLE IS HEREBY DECLARED AS A MATTER OF LEGISLATIVE
 DETERMINATION.
 S. 8306--B                         142
 
   §  1291. INFILL HOUSING PILOT PROGRAM. 1.  THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL SHALL, SUBJECT TO APPROPRIATION, DEVELOP A PROGRAM  TO
 MAKE  CAPITAL  SUBSIDIES  AVAILABLE  FOR THE PURPOSE OF BUILDING ONE- TO
 TWO- FAMILY DWELLINGS IN THE CITIES  OF  BUFFALO,  ROCHESTER,  SYRACUSE,
 ALBANY,  AND  BINGHAMTON.  THE  COMMISSIONER  SHALL PROMULGATE RULES AND
 REGULATIONS SUFFICIENT FOR THE CREATION OF A NEW PROGRAM FOR THE PURPOSE
 OF BUILDING SUCH ONE- TO TWO- FAMILY DWELLINGS.
   2. FUNDING FOR THE PROGRAM CREATED PURSUANT TO THIS ARTICLE SHALL,  TO
 THE  EXTENT PRACTICABLE, BE PRIORITIZED FOR DEVELOPMENT ON VACANT, ABAN-
 DONED, OR UNDER-UTILIZED LAND OWNED BY THE MUNICIPALITY.
   3. DWELLINGS CREATED PURSUANT TO THIS PROGRAM SHALL BE SOLD TO A  NOT-
 FOR-PROFIT CORPORATION FOR THE PURPOSE OF RESALE OR INDIVIDUALS OR FAMI-
 LIES  WHO  ARE  LOW OR MODERATE INCOME, AS DETERMINED BY THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL, AT THE TIME OF SALE,  WHO  OWN  NO  OTHER
 REAL PROPERTY, AND WHO INTEND TO USE THE DWELLING AS THEIR PRIMARY RESI-
 DENCE.
   4.  THE  DIVISION  OF HOUSING AND COMMUNITY RENEWAL SHALL RESTRICT ANY
 SUBSEQUENT DEED OF SALE TO AN INDIVIDUAL OR FAMILY OF  LOW  OR  MODERATE
 INCOME,  AS DETERMINED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 WHO INTENDS TO MAKE THE DWELLING THEIR PRIMARY RESIDENCE.
   5. NOTHING IN THIS ARTICLE SHALL PRECLUDE THE USE OF ADDITIONAL  LOANS
 OR GRANTS IN CONJUNCTION WITH THIS PROGRAM.
   § 2. This act shall take effect immediately.
 
                                  PART XX
 
   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 OR CONVERTED  RENTAL  MULTIPLE
 DWELLINGS.  1.    (A) A CITY, TOWN OR VILLAGE MAY, BY LOCAL LAW, PROVIDE
 FOR THE EXEMPTION OF RENTAL MULTIPLE DWELLINGS CONSTRUCTED OR  CONVERTED
 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 SUCH UNITS, UPON  INITIAL
 RENTAL  AND  UPON  EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE
 BENEFIT PERIOD, ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY  BY  INDI-
 VIDUALS  OR  FAMILIES  WHOSE  HOUSEHOLD INCOME DOES NOT EXCEED A CERTAIN
 PERCENTAGE, AS DETERMINED BASED  ON  RECOMMENDATIONS  DEVELOPED  BY  THE
 DIVISION  OF HOUSING AND COMMUNITY RENEWAL FOR EACH ECONOMIC DEVELOPMENT
 REGION, OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, ON AVERAGE,
 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.
 S. 8306--B                         143
 
   2. (A) THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL  SHALL  DEVELOP
 RECOMMENDATIONS  FOR EACH ECONOMIC DEVELOPMENT REGION, AS ESTABLISHED BY
 SECTION TWO HUNDRED THIRTY OF THE ECONOMIC  DEVELOPMENT  LAW,  REGARDING
 THE  IMPLEMENTATION OF THE EXEMPTION CREATED UNDER THIS SECTION. CITIES,
 TOWNS,  AND  VILLAGES  PROVIDING SUCH EXEMPTION SHALL HAVE THE OPTION TO
 OPT INTO SUCH RECOMMENDATIONS.
   (B) SUCH RECOMMENDATIONS SHALL:
   (I) CONSIDER THE FINANCIAL FEASIBILITY OF CONSTRUCTING NEW HOUSING  OR
 CONVERTING A NON-RESIDENTIAL STRUCTURE TO A RENTAL MULTIPLE DWELLING AND
 OPERATING  SUCH  HOUSING  IN EACH ECONOMIC DEVELOPMENT REGION, INCLUDING
 ANY VARIATION IN CONSTRUCTION COSTS AND  OPERATING  INCOMES  FOR  RENTAL
 MULTIPLE  DWELLING  PROJECTS IN DIFFERENT PARTS OF EACH SUCH REGION, AND
 AMONG SUBSIDIZED AND UNREGULATED RENTAL MULTIPLE DWELLING PROJECTS;
   (II)  INCLUDE  RECOMMENDATIONS  FOR  BOTH  RENTAL  MULTIPLE   DWELLING
 PROJECTS  RECEIVING ADDITIONAL SUBSIDIES OR EXEMPTIONS AND RENTAL MULTI-
 PLE DWELLING PROJECTS RECEIVING NO ADDITIONAL SUBSIDIES  OR  EXEMPTIONS;
 AND
   (III)  INCLUDE  RECOMMENDATIONS  FOR THE CONVERSION OF NON-RESIDENTIAL
 PROPERTY FOR RESIDENTIAL USE.
   (C) SUCH RECOMMENDATIONS SHALL BE UPDATED BY THE DIVISION  OF  HOUSING
 AND COMMUNITY RENEWAL NO LESS THAN ONCE EVERY TWO YEARS.
   3.  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.
   4.  IN  THE CASE OF A NEWLY CONSTRUCTED OR CONVERTED PROPERTY WHICH IS
 USED PARTIALLY AS A RENTAL MULTIPLE DWELLING AND PARTIALLY  FOR  COMMER-
 CIAL  OR  OTHER  PURPOSES, THE PORTION OF THE PROPERTY THAT IS USED AS A
 RENTAL MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION  AUTHORIZED
 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.
   5. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE  IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE.
   6.  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 YY
 
   Section  1.  The  real property law is amended by adding a new section
 265-c to read as follows:
   § 265-C. HOMEOWNER PROTECTION PROGRAM.   1.  LEGISLATIVE  INTENT.  THE
 LEGISLATURE  DECLARES THAT THE ESTABLISHMENT OF THE HOMEOWNER PROTECTION
 S. 8306--B                         144

 PROGRAM (HOPP) IS NECESSARY TO ENSURE CONTINUATION OF NEW YORK'S INVEST-
 MENT IN ITS STATEWIDE NETWORK OF NON-PROFIT CIVIL LEGAL SERVICES PROVID-
 ERS AND HOUSING COUNSELING AGENCIES OFFERING A  RANGE  OF  HOMEOWNERSHIP
 RETENTION AND PRESERVATION SERVICES TO HOMEOWNERS IN EVERY COUNTY IN THE
 STATE.  THE  PROGRAM  IS  ALSO  NECESSARY  TO  ENSURE THAT THE STATUTORY
 MANDATES OF SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF
 THE REAL PROPERTY ACTIONS  AND  PROCEEDINGS  LAW  AND  RULE  THIRTY-FOUR
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED, SO THAT
 FREE  HOUSING  COUNSELING AND LEGAL SERVICES ARE AVAILABLE TO HOMEOWNERS
 AS PROVIDED FOR BY SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN  HUNDRED
 FOUR  OF  THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW IN EVERY COUNTY,
 AND SO THAT LEGAL SERVICES ARE AVAILABLE TO ASSIST HOMEOWNERS  ANSWERING
 COMPLAINTS  AND PARTICIPATING IN MANDATORY SETTLEMENT CONFERENCES PURSU-
 ANT TO RULE THIRTY-FOUR HUNDRED EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   2.  COUNSELING  AND LEGAL REPRESENTATION OF INDIVIDUALS WHO ARE FACING
 LOSS OF THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE  YEAR  OF
 THE  EFFECTIVE  DATE OF THIS SECTION, THE DEPARTMENT OF LAW SHALL ESTAB-
 LISH THE HOMEOWNER PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF FREE
 HOUSING COUNSELING AND LEGAL SERVICES TO HOMEOWNERS FOR THE PURPOSES  OF
 MITIGATING  THREATS  TO  HOMEOWNERSHIP  INCLUDING,  BUT  NOT LIMITED TO,
 HOMEOWNERSHIP RETENTION, HOME PRESERVATION, ESTATE PLANNING, AS  A  TOOL
 FOR  PREVENTING THEFT OF REAL PROPERTY AND OTHER SCAMS TARGETED TO HOME-
 OWNERS, PREVENTING AVOIDABLE FORECLOSURES AND  DISPLACEMENT,  PRESERVING
 HOME  EQUITY,  PRESERVING  HOMEOWNERSHIP,  ESPECIALLY  IN COMMUNITIES OF
 COLOR, AND FOR ANY OTHER PURPOSES RELATED TO  PRESERVING  HOMEOWNERSHIP.
 SUCH PROGRAM SHALL BE FUNDED BY ANNUAL APPROPRIATION BY THE LEGISLATURE.
   (B)  THE  DEPARTMENT  OF LAW SHALL PROVIDE GRANTS TO ELIGIBLE NOT-FOR-
 PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
 TO PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE,  BUT
 NOT  BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND WORKOUT
 APPLICATIONS AND NEGOTIATIONS; ASSISTANCE  IN  APPLYING  FOR  ASSISTANCE
 PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
 AND  BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN MORTGAGE
 AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
 TATION AT SETTLEMENT CONFERENCES PURSUANT TO  RULE  THIRTY-FOUR  HUNDRED
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE TO UNREPRESENTED
 LITIGANTS WITH ANSWERS AND MOTIONS IN JUDICIAL  FORECLOSURE  PROCEEDINGS
 AND  BRIEF  ADVICE;  ASSISTANCE  TO HOMEOWNERS VICTIMIZED BY DEED FRAUD,
 DISTRESSED  PROPERTY  CONSULTANT,  PARTITION  AND  OTHER  SCAMMERS;  AND
 REDRESS  OF  PREDATORY  AND  DISCRIMINATORY  LENDING,  ABUSIVE  MORTGAGE
 SERVICING, AND PROPERTY FLIPPING, INCLUDING AFFIRMATIVE  LITIGATION  AND
 ADMINISTRATIVE  COMPLAINTS  WITH  FEDERAL,  STATE AND LOCAL FAIR HOUSING
 AGENCIES; AND FOR WHATEVER OTHER PURPOSE DEEMED NECESSARY BY THE DEPART-
 MENT OF LAW TO PRESERVE HOMEOWNERSHIP.
   3. PROGRAM ADMINISTRATION. (A) THE DEPARTMENT OF LAW  SHALL  ESTABLISH
 CRITERIA  FOR  SELECTION  OF GRANT APPLICATIONS, REVIEW APPLICATIONS AND
 MAKE AWARDS, AND EXERCISE  AND  PERFORM  SUCH  OTHER  FUNCTIONS  AS  ARE
 RELATED TO THE PURPOSES OF THIS SECTION.
   (B)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO NOT-FOR-PROFIT  HOUSING  COUN-
 SELING  ORGANIZATIONS  SERVING HOMEOWNERS AT RISK OF LOSING THEIR HOMES,
 AND LEGAL SERVICES ORGANIZATIONS, TO  PROVIDE  COUNSELING  SERVICES  AND
 LEGAL  REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK WHO
 ARE FACING THREATS TO HOMEOWNERSHIP.
 S. 8306--B                         145
 
   (C) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE THAT HOUSING COUNSELING
 AND  LEGAL  SERVICES ARE AVAILABLE FREE OF CHARGE TO HOMEOWNERS IN EVERY
 COUNTY OF THE STATE  AND  TO  ENSURE  THAT  THE  STATUTORY  MANDATES  OF
 SECTIONS  THIRTEEN  HUNDRED  THREE AND THIRTEEN HUNDRED FOUR OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED  EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
   (D)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT  PURPOSE,  TO  ENSURE  ADEQUATE  TRAINING,
 TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE NOT-FOR-PROFIT HOUS-
 ING COUNSELING AND LEGAL SERVICES ORGANIZATIONS PROVIDING SERVICES UNDER
 THIS  SECTION,  AND  TO  ENSURE  THE MANAGEMENT OF GRANTS AND SUPPORTIVE
 SERVICES INCLUDING, BUT NOT LIMITED TO,  TOLL-FREE  HOTLINES,  DEDICATED
 OUTREACH,  TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE TO
 THE ORGANIZATIONS PROVIDING SERVICES.
   4. REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION  AND
 LEGAL  SERVICES  ORGANIZATION RECEIVING A GRANT UNDER THIS SECTION SHALL
 REPORT TO THE ATTORNEY GENERAL NO LATER THAN SIXTY DAYS AFTER THE END OF
 EACH ONE-YEAR GRANT.  SUCH REPORT SHALL INCLUDE  AN  ACCOUNTING  OF  THE
 FUNDS RECEIVED BY THE GRANT AND THE SERVICES PROVIDED.
   § 2. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section  1. The private housing finance law is amended by adding a new
 article 32 to read as follows:
                                ARTICLE XXXII
                   RENTAL IMPROVEMENT FUND PILOT PROGRAM
 SECTION 1290. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
         1291. RENTAL IMPROVEMENT FUND PILOT PROGRAM.
   § 1290. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.  IT  IS  HEREBY
 DECLARED  AND FOUND THAT THERE EXISTS ACROSS UPSTATE NEW YORK A SHORTAGE
 OF SAFE AND AFFORDABLE RENTAL UNITS. IT IS  FURTHER  FOUND  THAT  STABLE
 HOUSING  IS TIED TO POSITIVE EMPLOYMENT, EDUCATION, AND HEALTH OUTCOMES,
 AND THAT THE STATE THEREFORE HAS  AN  INTEREST  IN  PROMOTING  SAFE  AND
 AFFORDABLE  HOUSING  OPPORTUNITIES.  IN  ORDER, FURTHER, TO PROMOTE SUCH
 OPPORTUNITIES, IT IS HEREBY DECLARED THAT ADDITIONAL  PROVISIONS  SHOULD
 BE  MADE TO PROVIDE PUBLIC MONIES FOR THE PURPOSE OF GRANTS TO OWNERS OF
 BUILDINGS WITH FEWER THAN FIVE UNITS TO MAKE NECESSARY  IMPROVEMENTS  TO
 RENTAL  UNITS  ON THE CONDITION THAT RENOVATED UNITS WILL BE LEASED AT A
 REASONABLE RATE FOR TEN YEARS.  THE NECESSITY IN THE PUBLIC INTEREST FOR
 THE PROVISIONS OF THIS ARTICLE IS HEREBY DECLARED AS A MATTER OF  LEGIS-
 LATIVE DETERMINATION.
   §  1291. RENTAL IMPROVEMENT FUND PILOT PROGRAM. 1. (A) THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL  SHALL,  SUBJECT  TO  APPROPRIATION,  MAKE
 CAPITAL GRANTS OF UP TO SEVENTY-FIVE THOUSAND DOLLARS PER UNIT TO OWNERS
 OF BUILDINGS WITH FEWER THAN FIVE UNITS FOR THE PURPOSE OF MAKING NECES-
 SARY IMPROVEMENTS TO RENTAL UNITS LOCATED OUTSIDE OF A CITY WITH A POPU-
 LATION  OF  ONE MILLION OR MORE.  NO OWNER RECEIVING A GRANT PURSUANT TO
 THIS ARTICLE MAY OWN MORE THAN FIVE RESIDENTIAL UNITS IN  THE  STATE  OF
 NEW  YORK AT THE TIME OF APPLICATION. THE DIVISION OF HOUSING AND COMMU-
 NITY RENEWAL, TO THE EXTENT PRACTICABLE, SHALL  PRIORITIZE  FUNDING  FOR
 UNITS THAT ARE CURRENTLY VACANT OR HAVE OUTSTANDING CODE VIOLATIONS.
   (B) RECEIPT OF SUCH CAPITAL GRANTS SHALL BE CONDITIONED UPON AN AGREE-
 MENT  BY  SUCH  OWNERS TO LEASE SUCH RENOVATED UNITS AT A RATE NO HIGHER
 THAN THE SMALL AREA FAIR MARKET RENT FOR A UNIT  AS  CALCULATED  BY  THE
 S. 8306--B                         146
 
 UNITED  STATES  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE TEN-
 YEAR PERIOD COMMENCING AT THE START OF THE FIRST LEASE AGREEMENT FOLLOW-
 ING A RENOVATION OR REHABILITATION COMPLETED PURSUANT TO  THIS  ARTICLE.
 OVER  SUCH  TEN-YEAR  PERIOD, EACH SUCH RENTAL UNIT SHALL BE ELIGIBLE TO
 RECEIVE NO MORE THAN TEN THOUSAND DOLLARS FOR  MAINTENANCE  PURPOSES  IN
 ADDITION TO THE INITIAL GRANT AMOUNT.  UPON A FINDING BY THE COMMISSION-
 ER  OF  HOUSING  AND  COMMUNITY RENEWAL THAT AN OWNER WHO HAS RECEIVED A
 GRANT TO RENOVATE A RENTAL UNIT PURSUANT TO THIS SECTION HAS  CHARGED  A
 TENANT  GREATER  THAN THE SMALL AREA FAIR MARKET RENT AMOUNT, ANY GRANTS
 RECEIVED BY SUCH LANDLORD  SHALL  BE  SUBJECT  TO  RECOUPMENT  IN  FULL.
 RENTAL  RESTRICTIONS SHALL NOT EXPIRE IF THE UNIT IS TRANSFERRED OR SOLD
 TO A NEW OWNER. THE DIVISION OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL
 PROMULGATE RULES AND REGULATIONS TO ENSURE COMPLIANCE WITH THIS SECTION.
   2.  THE COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE
 RULES AND REGULATIONS DEEMED NECESSARY AND APPROPRIATE TO ESTABLISH  AND
 ADMINISTER  THE  RENTAL  IMPROVEMENT FUND PILOT PROGRAM PURSUANT TO THIS
 ARTICLE, INCLUDING BUT NOT LIMITED TO THE APPLICATION PROCESS, ELIGIBIL-
 ITY REQUIREMENTS, DISBURSEMENT OF GRANTS, DETERMINATION OF A  REASONABLE
 LEASE  RATE,  AND ANY OTHER RULES, REGULATIONS, OR DEFINITIONS NECESSARY
 TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   § 2. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   § 99-RR. RENTAL IMPROVEMENT FUND. 1. THERE IS  HEREBY  ESTABLISHED  IN
 THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF HOUS-
 ING  AND COMMUNITY RENEWAL A FUND TO BE KNOWN AS THE "RENTAL IMPROVEMENT
 FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED THEREFOR, OR MONEYS
 CREDITED, APPROPRIATED OR TRANSFERRED THERETO FROM  ANY  OTHER  FUND  OR
 SOURCE  PURSUANT  TO  LAW,  OR  ANY  OTHER MONEYS MADE AVAILABLE FOR THE
 PURPOSES OF THE FUND.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE  AND
 ALLOCATION  BY  THE  DIRECTOR OF THE BUDGET, SHALL BE AVAILABLE ONLY FOR
 PURPOSES OF THE RENTAL IMPROVEMENT FUND PILOT PROGRAM, AS SET  FORTH  IN
 ARTICLE THIRTY-TWO OF THE PRIVATE HOUSING FINANCE LAW.
   §  3.  This  act  shall take effect on the sixtieth 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 AAA

   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 26-511.2 to read as follows:
   §  26-511.2  VACANT  APARTMENT AND MAJOR TENANCY REPAIRS. A.  NOTWITH-
 STANDING ANY OTHER LAW TO THE CONTRARY, WITHIN AMOUNTS  APPROPRIATED  OR
 OTHERWISE  AVAILABLE  THEREFOR,  THE  DIVISION  OF HOUSING AND COMMUNITY
 RENEWAL SHALL ESTABLISH A PROGRAM IN THE FORM OF PAYMENTS FOR REASONABLE
 AND NECESSARY EXPENSES FOR THE REPAIR  OF  ANY  VACANT  RENT-STABILIZED,
 PURSUANT  TO  THE  EMERGENCY  TENANT PROTECTION ACT OF NINETEEN SEVENTY-
 FOUR, APARTMENT UNITS THAT ARE SUBJECT TO  THIS  CHAPTER  WHICH  REQUIRE
 REPAIR  PRIOR  TO  BEING  RENTED  AGAIN.  ELIGIBLE  UNITS MUST HAVE BEEN
 CONTINUOUSLY OCCUPIED FOR A PERIOD OF FIFTEEN  YEARS  OR  GREATER  IMME-
 DIATELY  PRIOR  OR  HAVE  CONDITIONS  THAT  WOULD  PREVENT THE UNIT FROM
 PROVIDING A WARRANTY OF  HABITABILITY  AS  PROMULGATED  IN  SECTION  TWO
 HUNDRED  THIRTY-FIVE-B  OF  THE  REAL  PROPERTY  LAW.  NO OWNER SHALL BE
 S. 8306--B                         147
 
 AWARDED MORE THAN ONE HUNDRED THOUSAND DOLLARS FOR  REPAIRS  UNDER  THIS
 PROGRAM.
   B.  (1) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ENTER INTO
 A CONTRACT WITH THE DEPARTMENT OF HOUSING PRESERVATION  AND  DEVELOPMENT
 TO  ADMINISTER  THE  PROGRAM. THE DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT SHALL ESTABLISH ELIGIBILITY GUIDELINES AND CRITERIA  AND  AN
 APPLICATION PROCESS.
   THE  DEPARTMENT  OF  HOUSING  PRESERVATION AND DEVELOPMENT MAY REQUIRE
 THAT AN OWNER WITH A  UNIT  ELIGIBLE  TO  RECOVER  INDIVIDUAL  APARTMENT
 IMPROVEMENT COSTS UTILIZE THOSE FUNDS RECOVERED PRIOR TO OR CONCURRENTLY
 WITH THE PROGRAM CREATED PURSUANT TO THIS SECTION.
   (2)  NO  APPLICATION SHALL BE APPROVED UNDER THIS SECTION IF THE OWNER
 IS FOUND: (I) TO HAVE HARASSED A TENANT TO OBTAIN THE  VACANCY  OF  SUCH
 UNIT;  OR  (II)  RESPONSIBLE  FOR  THE REPAIRS DUE TO THEIR OWN FAULT OR
 NEGLECT.
   C. (1)  THE DEPARTMENT OF HOUSING PRESERVATION AND  DEVELOPMENT  SHALL
 ESTABLISH  A  NOTIFICATION  AND  DOCUMENTATION PROCEDURE FOR OWNERS THAT
 REQUIRES AN ITEMIZED LIST OF WORK PERFORMED AND A DESCRIPTION OR  EXPLA-
 NATION  OF THE REASON OR PURPOSE OF SUCH WORK, INCLUSIVE OF PHOTOGRAPHIC
 EVIDENCE DOCUMENTING THE CONDITION PRIOR TO AND AFTER THE COMPLETION  OF
 THE  PERFORMED WORK. THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOP-
 MENT SHALL PROVIDE FOR THE  CENTRALIZED  ELECTRONIC  RETENTION  OF  SUCH
 DOCUMENTATION AND ANY OTHER SUPPORTING DOCUMENTATION.
   (2)  UPON RECEIPT OF THE REQUIRED DOCUMENTATION UNDER THIS SUBDIVISION
 AND THE APPROVAL OF THE WORK PERFORMED, THE DEPARTMENT OF HOUSING  PRES-
 ERVATION AND DEVELOPMENT SHALL AWARD AN OWNER UP TO ONE HUNDRED THOUSAND
 DOLLARS  FOR THE COST OF THE WORK PERFORMED. THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL SHALL FUND HALF OF SUCH AWARD AND  THE  DEPARTMENT  OF
 HOUSING PRESERVATION AND DEVELOPMENT SHALL FUND THE REMAINING HALF.
   D. AN OWNER SHALL RENT ANY REPAIRED UNITS AT THE LEGAL REGULATED RENT,
 PLUS ANY TEMPORARY INDIVIDUAL APARTMENT IMPROVEMENT RENT INCREASE, WITH-
 IN THIRTY DAYS OF RECEIPT OF PAYMENT.  AN OWNER SHALL NOT BE ENTITLED TO
 A  TEMPORARY  INDIVIDUAL  APARTMENT  IMPROVEMENT RENT INCREASE FOR COSTS
 APPROVED AND PAID FOR BY THE PROGRAM AND SHALL NOT PASS ALONG  THE  COST
 OF  REPAIRS  PAID  FOR BY GOVERNMENT FUNDS TO A TENANT IN THE FORM OF AN
 INCREASE IN THE MONTHLY RENT OR ANY NON-RENTAL FEES. IN ADDITION TO  ANY
 PENALTIES  PROVIDED FOR RENT OVERCHARGES IN SECTION 26-516 OF THIS CHAP-
 TER, ANY OWNER FOUND TO HAVE COLLECTED RENT INCREASES OR NON-RENTAL FEES
 FOR COSTS APPROVED AND PAID FOR BY  THIS  PROGRAM  SHALL  BE  LIABLE  TO
 REFUND  THE  AMOUNT  COLLECTED TO THE DEPARTMENT OF HOUSING PRESERVATION
 AND DEVELOPMENT AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   E.  NOTWITHSTANDING ANY LAW TO THE  CONTRARY,  THE  BENEFITS  PROVIDED
 UNDER  THIS  SECTION SHALL BE DEEMED "PUBLIC FUNDS" PURSUANT TO SUBDIVI-
 SION TWO OF SECTION TWO HUNDRED TWENTY-FOUR-A  OF  THE  LABOR  LAW.  ANY
 ELIGIBLE  UNIT  RECEIVING  SUCH  BENEFITS THAT MEETS THE DEFINITION OF A
 "COVERED PROJECT" PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR-A  OF  THE
 LABOR LAW SHALL COMPLY WITH ALL REQUIREMENTS OF SUCH LAW.
   §  2.  Section  4 of chapter 576 of the laws of 1974, constituting the
 emergency tenant protection act of nineteen seventy-four, is amended  by
 adding a new section 10-c to read as follows:
   § 10-C. VACANT APARTMENT AND MAJOR TENANCY REPAIRS. 1. NOTWITHSTANDING
 ANY  OTHER LAW TO THE CONTRARY, WITHIN AMOUNTS APPROPRIATED OR OTHERWISE
 AVAILABLE THEREFOR, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL  SHALL
 ESTABLISH A PROGRAM IN THE FORM OF PAYMENTS FOR REASONABLE AND NECESSARY
 EXPENSES  FOR THE REPAIR OF ANY VACANT RENT-STABILIZED, PURSUANT TO THIS
 ACT, APARTMENT UNITS IN THE CITY OF NEW YORK  AND  NASSAU,  WESTCHESTER,
 S. 8306--B                         148
 
 AND ROCKLAND COUNTIES, THAT ARE SUBJECT TO THIS ACT WHICH REQUIRE REPAIR
 PRIOR  TO BEING RENTED AGAIN. ELIGIBLE UNITS MUST HAVE BEEN CONTINUOUSLY
 OCCUPIED FOR A PERIOD OF FIFTEEN YEARS OR GREATER IMMEDIATELY  PRIOR  OR
 HAVE CONDITIONS THAT WOULD PREVENT THE UNIT FROM PROVIDING A WARRANTY OF
 HABITABILITY  AS  PROMULGATED IN SECTION 235-B OF THE REAL PROPERTY LAW.
 NO OWNER SHALL BE AWARDED MORE THAN ONE  HUNDRED  THOUSAND  DOLLARS  FOR
 REPAIRS UNDER THIS PROGRAM.
   2.  (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ADMINISTER
 THE PROGRAM OUTSIDE OF CITIES WITH A POPULATION  OVER  ONE  MILLION  AND
 SHALL  ESTABLISH  ELIGIBILITY GUIDELINES AND CRITERIA AND AN APPLICATION
 PROCESS.
   THE DIVISION OF HOUSING AND COMMUNITY  RENEWAL  MAY  REQUIRE  THAT  AN
 OWNER  WITH  A UNIT ELIGIBLE TO RECOVER INDIVIDUAL APARTMENT IMPROVEMENT
 COSTS UTILIZE THOSE FUNDS RECOVERED PRIOR TO OR  CONCURRENTLY  WITH  THE
 PROGRAM CREATED PURSUANT TO THIS SECTION.
   (B)  NO  APPLICATION SHALL BE APPROVED UNDER THIS SECTION IF THE OWNER
 IS FOUND: (I) TO HAVE HARASSED A TENANT TO OBTAIN THE  VACANCY  OF  SUCH
 UNIT;  OR  (II)  RESPONSIBLE  FOR  THE REPAIRS DUE TO THEIR OWN FAULT OR
 NEGLECT.
   3. (A) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH A
 NOTIFICATION AND DOCUMENTATION PROCEDURE FOR  OWNERS  THAT  REQUIRES  AN
 ITEMIZED  LIST OF WORK PERFORMED AND A DESCRIPTION OR EXPLANATION OF THE
 REASON OR PURPOSE OF SUCH WORK, INCLUSIVE OF PHOTOGRAPHIC EVIDENCE DOCU-
 MENTING THE CONDITION PRIOR TO AND AFTER THE COMPLETION OF THE PERFORMED
 WORK. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL  SHALL  PROVIDE  FOR
 THE CENTRALIZED ELECTRONIC RETENTION OF SUCH DOCUMENTATION AND ANY OTHER
 SUPPORTING DOCUMENTATION.
   (B)  UPON RECEIPT OF THE REQUIRED DOCUMENTATION UNDER THIS SUBDIVISION
 AND THE APPROVAL OF THE WORK PERFORMED,  THE  DIVISION  OF  HOUSING  AND
 COMMUNITY  RENEWAL  SHALL  AWARD  AN  OWNER  UP  TO ONE HUNDRED THOUSAND
 DOLLARS FOR THE COST OF THE WORK PERFORMED.
   4. AN OWNER SHALL RENT ANY REPAIRED UNITS AT THE LEGAL REGULATED RENT,
 PLUS ANY TEMPORARY INDIVIDUAL APARTMENT IMPROVEMENT RENT INCREASE, WITH-
 IN THIRTY DAYS OF RECEIPT OF PAYMENT.  AN OWNER SHALL NOT BE ENTITLED TO
 A TEMPORARY INDIVIDUAL APARTMENT IMPROVEMENT  RENT  INCREASE  FOR  COSTS
 APPROVED  AND  PAID FOR BY THE PROGRAM AND SHALL NOT PASS ALONG THE COST
 OF REPAIRS PAID FOR BY GOVERNMENT FUNDS TO A TENANT IN THE  FORM  OF  AN
 INCREASE  IN THE MONTHLY RENT OR ANY NON-RENTAL FEES. IN ADDITION TO ANY
 PENALTIES PROVIDED FOR RENT OVERCHARGES IN SECTION TWELVE OF  THIS  ACT,
 ANY  OWNER FOUND TO HAVE COLLECTED RENT INCREASES OR NON-RENTAL FEES FOR
 COSTS APPROVED AND PAID FOR BY THIS PROGRAM SHALL BE  LIABLE  TO  REFUND
 THE AMOUNT COLLECTED TO THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
   5.  NOTWITHSTANDING  ANY  LAW  TO  THE CONTRARY, THE BENEFITS PROVIDED
 UNDER THIS SECTION SHALL BE DEEMED "PUBLIC FUNDS" PURSUANT  TO  SUBDIVI-
 SION  2  OF  SECTION 224-A OF THE LABOR LAW. ANY ELIGIBLE UNIT RECEIVING
 SUCH BENEFITS THAT MEETS THE DEFINITION OF A "COVERED PROJECT"  PURSUANT
 TO  SECTION 224-A OF THE LABOR LAW SHALL COMPLY WITH ALL REQUIREMENTS OF
 SUCH LAW.
   § 3. This act shall take effect  April  1,  2025;  provided  that  the
 amendments  to  chapter  4 of title 26 of the administrative code of the
 city of New York made by section one  of this act shall  expire  on  the
 same date as such chapter expires and shall not affect the expiration of
 such chapter as provided under section 26-520 of such law.
 
                                 PART BBB
 S. 8306--B                         149
 
   Section  1.  This  act shall be known and may be cited as the "mothers
 and infants lasting change ("MILC") allowance".
   § 2. Legislative findings and intent. The legislature hereby finds and
 declares  that child poverty in New York city and cities across New York
 state is shamefully high and will  likely  worsen  if  current  economic
 trends  continue.  Half  of the top six cities in the United States with
 the highest child poverty rates are in New York state, disproportionate-
 ly affecting communities and children of color. In New York city, nearly
 1 in 4 children live in poverty. In Rochester and Buffalo,  that  number
 is even higher: 1 in 2 children live in poverty.
   The  legislature hereby finds and declares that New Yorkers are unable
 to cover their basic necessities and support their families, particular-
 ly in the face of rising interest rates and inflation. Most notably, the
 cost of childcare, which already consumes a massive  portion  of  family
 income,  rose  41%  during the pandemic, and the total cost of raising a
 child through high school has risen to more than $300,000,  which  is  a
 $26,000  increase from five years ago and is likely to present a heavier
 burden for low-income parents and families for  whom  expenses  such  as
 food, housing, and gas comprise an even larger portion of their income.
   The  legislature  hereby  finds  and  declares  there  is overwhelming
 evidence that the  prenatal-to-three  and  early  childhood  development
 period  are  critical  for  a child's future prospects and affects their
 physical, mental, emotional and  social  outcomes  over  a  lifetime.  A
 program  targeting  infants in this formative phase would help break the
 intergenerational cycle of poverty rather than attempting to mitigate it
 later on, creating a positive impact  on  children's  lives  and  saving
 government funds down the road.
   The  legislature  hereby  finds  and  declares it is proven that unre-
 stricted cash is a direct and effective solution to alleviating  poverty
 and  meeting needs for families. This was shown on a national level with
 the overwhelming success of the expanded Child Tax Credit, which  lifted
 millions of children out of poverty with its monthly payments and led to
 a  41%  spike  in  child  poverty  the first month it expired. The unre-
 stricted cash intervention further  proved  how  an  investment  in  the
 earliest  days  of life can have multiplying effects: studies have found
 that a permanent expansion of the expanded Child Tax Credit  would  have
 generated  10  times  as  much  revenue as it cost.   New York state has
 recently made a commitment through the Child Poverty  Reduction  Act  in
 December  2021  to  reduce  child  poverty by 50% over the course of ten
 years, with the support of the Child Poverty Reduction Advisory Council,
 and there is an opportunity for unrestricted cash to support  this  goal
 and help the state reach its target.
   Therefore,  the  legislature  hereby  finds and declares that New York
 state has an opportunity and obligation to invest in its most vulnerable
 residents by leading the fight against childhood poverty, and toward  an
 equitable  economy  for  all,  through  a  guaranteed income program for
 infants.
   § 3. Article 6 of the social services law is amended by adding  a  new
 title 4-C to read as follows:
                                  TITLE 4-C
           MOTHERS AND INFANTS LASTING CHANGE ("MILC") ALLOWANCE
 SECTION 409-O. MOTHERS AND INFANTS LASTING CHANGE ALLOWANCE.
   §  409-O.  MOTHERS AND INFANTS LASTING CHANGE ALLOWANCE. 1. WITHIN ONE
 YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE OFFICE SHALL, SUBJECT TO
 APPROPRIATION, ESTABLISH A MOTHERS AND INFANTS LASTING CHANGE  ALLOWANCE
 PILOT  PROGRAM  TO SUPPORT LOW-INCOME FAMILIES FOR THREE MONTHS OF PREG-
 S. 8306--B                         150
 
 NANCY AND NINE MONTHS OF A CHILD'S LIFE. SUCH PILOT PROGRAM SHALL BE  IN
 EFFECT FOR TWELVE MONTHS.
   2.  FOR  THE  PURPOSES  OF THIS TITLE, THE FOLLOWING DEFINITIONS SHALL
 APPLY:
   (A) "LOCAL SOCIAL SERVICES  DISTRICT"  SHALL  MEAN  THE  LOCAL  SOCIAL
 SERVICES  DISTRICT  IN  WHICH  THE  INDIVIDUAL PARTICIPATING IN THE MILC
 ALLOWANCE RESIDES.
   (B) "MOTHER" SHALL MEAN AN INDIVIDUAL  WHO  CARRIES  A  PREGNANCY  AND
 BIRTHS  A CHILD AND SUCH MOTHER AND CHILD ARE SELECTED FOR PARTICIPATION
 IN A PROGRAM PURSUANT TO THIS TITLE.
   (C) "OFFICE" SHALL MEAN THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
 ANCE.
   (D) "SURVEY" SHALL MEAN INFORMATION SOUGHT OR REQUIRED, VIA WRITING OR
 VERBAL  COMMUNICATION,  PURSUANT  TO  REGULATIONS  PROMULGATED  BY   THE
 PROVISIONS OF THIS TITLE.
   (E) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF TEMPO-
 RARY AND DISABILITY ASSISTANCE.
   3.  (A)  THE  OFFICE  SHALL  PROMULGATE  RULES AND REGULATIONS FOR THE
 IMPLEMENTATION AND ADMINISTRATION OF THIS TITLE.
   (B) THE OFFICE, IN COORDINATION WITH LOCAL SOCIAL SERVICES  DISTRICTS,
 SHALL DEVELOP CRITERIA THAT LOCAL SOCIAL SERVICES DISTRICTS SHALL USE TO
 SELECT  A  TOTAL  OF ONE THOUSAND ELIGIBLE FAMILIES FOR PARTICIPATION IN
 THE PROGRAM.
   (C) ELIGIBLE INDIVIDUALS CHOSEN FOR PARTICIPATION IN THE PROGRAM SHALL
 RECEIVE A SUBSIDY OF ONE THOUSAND DOLLARS PER MONTH FOR THE  LAST  THREE
 MONTHS OF PREGNANCY AND THE FIRST NINE MONTHS OF A CHILD'S LIFE.
   (D)  THE  OFFICE  SHALL  ALLOCATE  THE NECESSARY FUNDS TO LOCAL SOCIAL
 SERVICES DISTRICTS FOR SELECTED ELIGIBLE SELECTED PARTICIPANTS.
   (E) MONTHLY DISTRIBUTIONS SHALL  BE  MADE  BY  LOCAL  SOCIAL  SERVICES
 DISTRICTS  ON THE FIRST OF EACH MONTH FOR THE DURATION OF THE PROGRAM TO
 THE ELIGIBLE SELECTED PARTICIPANTS.
   4. ELIGIBLE PARTICIPANTS SHALL:
   (A) HAVE AN INCOME WHICH IS BELOW TWO HUNDRED PERCENT OF  THE  FEDERAL
 POVERTY  LEVEL.  SUCH  INCOME  SHALL  BE  PROVEN BY PROVIDING ONE OF THE
 FOLLOWING:
   (I) A FILED STATE OR FEDERAL TAX RETURN FROM THE PREVIOUS YEAR;
   (II) A LETTER FROM AN EMPLOYER DOCUMENTING THE DATES OF  WORK  OF  THE
 APPLICANT AND THE YEARLY PAY FROM THE EMPLOYER;
   (III) A W-2 OR 1099 FORM FROM THE PREVIOUS TAX YEAR; OR
   (IV)  A  WAGE  NOTICE PROVIDED PURSUANT TO SECTION ONE HUNDRED NINETY-
 FIVE OF THE LABOR LAW THAT DOCUMENTS EMPLOYMENT FOR  A  PERIOD  OF  TIME
 WITHIN  SIX  MONTHS  PRIOR TO THE DATE THE APPLICANT CERTIFIES THAT SUCH
 PERSON'S BECAME ELIGIBLE;
   (B) PARTICIPATE IN MONTHLY SURVEYS PROVIDED BY  THE  OFFICE  OR  LOCAL
 DISTRICTS  PURSUANT TO REGULATIONS ISSUED BY THE OFFICE PURSUANT TO THIS
 TITLE;
   (C) REMAIN A RESIDENT OF THE STATE OF NEW YORK WHILE RECEIVING SUBSIDY
 PAYMENTS; AND
   (D) MEET ANY OTHER CRITERIA DEEMED NECESSARY BY THE OFFICE.
   5. ALL MOTHERS SELECTED TO PARTICIPATE IN THE PROGRAM PURSUANT TO THIS
 TITLE SHALL BE PROVIDED, IN WRITING AND ORALLY, THE ELIGIBILITY CRITERIA
 AND ALL ONGOING REQUIREMENTS FOR PROGRAM PARTICIPATION.
   (A) SUCH NOTICE SHALL BE PROVIDED IN THE LANGUAGE  IDENTIFIED  BY  THE
 PARTICIPANT MOTHER AS THEIR LANGUAGE OF PREFERENCE.
   (B)  THE  OFFICE  SHALL  ESTABLISH  VIA  REGULATIONS  THE CRITERIA AND
 CIRCUMSTANCES UNDER WHICH ELIGIBLE PARTICIPANTS MAY BE  DISCHARGED  FROM
 S. 8306--B                         151
 
 THE  PROGRAM  ESTABLISHED PURSUANT TO THIS TITLE. ALL PARTICIPANTS SHALL
 BE PROVIDED WITH SUCH DISCHARGE CRITERIA  IN  THEIR  PREFERRED  LANGUAGE
 UPON ACCEPTANCE TO THE PROGRAM.
   6.  FOR PURPOSES OF PROVING RESIDENCE AS REQUIRED BY THIS TITLE ELIGI-
 BLE PARTICIPANTS MAY UTILIZE A DRIVER'S LICENSE, MOTOR VEHICLE ID  CARD,
 IDNYC,  OR  OTHER  NEW  YORK  MUNICIPAL OR COUNTY IDENTIFICATION CARD, A
 VALID PASSPORT, A CURRENTLY VALID LEASE, A UTILITY  BILL  ISSUED  WITHIN
 THE  PRIOR  SIX  MONTHS,  OR  ANY  OTHER DOCUMENTATION AUTHORIZED BY THE
 COMMISSIONER.
   7. OF THE ONE THOUSAND ELIGIBLE PARTICIPANTS:
   (A) SEVEN HUNDRED PARTICIPANTS SHALL RESIDE IN A  CITY  WITH  A  POPU-
 LATION OF ONE HUNDRED FORTY THOUSAND OR MORE; AND
   (B) THREE HUNDRED PARTICIPANTS SHALL RESIDE IN A RURAL AREA AS DEFINED
 IN SECTION TWENTY-NINE HUNDRED FIFTY-ONE OF THE PUBLIC HEALTH LAW.
   8.  THE  OFFICE, IN COORDINATION WITH LOCAL SOCIAL SERVICES DISTRICTS,
 SHALL ASSIST ELIGIBLE PARTICIPANTS WITH  ACCESS  TO  RESOURCES,  SUBSIDY
 MANAGEMENT, AND ANYTHING ELSE DEEMED NECESSARY BY THE OFFICE.
   9.  THE  OFFICE  AND  LOCAL  SOCIAL SERVICES DISTRICTS SHALL CONDUCT A
 MONTHLY SURVEY TO DETERMINE THE IMPACT OF THE PROGRAM. THE OFFICE  SHALL
 PREPARE  AN INTERIM REPORT REGARDING THE FIRST SIX MONTHS OF THE PROGRAM
 WHICH SHALL BE COMPLETED BY THE TWELFTH MONTH OF THE PROGRAM AND A FINAL
 REPORT SHALL BE MADE NO LATER THAN SIX MONTHS AFTER  THE  COMPLETION  OF
 THE TWELVE MONTH PROGRAM.
   10. THE OFFICE SHALL SUBMIT THE INTERIM REPORT AND THE FINAL REPORT TO
 THE  GOVERNOR,  THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT
 OF THE SENATE.
   § 4. Paragraph (a) of subdivision 8 of section  131-a  of  the  social
 services  law  is  amended by adding a new subparagraph (xiv) to read as
 follows:
   (XIV) ANY FINANCIAL ASSISTANCE RECEIVED BY INDIVIDUALS FROM THE  MOTH-
 ERS  AND  INFANTS LASTING CHANGE ("MILC") ALLOWANCE.  SUCH EXEMPTION AND
 DISREGARD SHALL BE APPLICABLE FOR THE  LENGTH  OF  TIME  THE  INDIVIDUAL
 RECEIVES  THE  ALLOWANCE.  THE  COMMISSIONER  SHALL  SEEK FEDERAL WAIVER
 AUTHORITY TO DISREGARD THE INCOME FROM THE MOTHERS AND  INFANTS  LASTING
 CHANGE  ("MILC") ALLOWANCE FOR THE PURPOSE OF THE SUPPLEMENTAL NUTRITION
 ASSISTANCE PROGRAM.
   § 5. This act shall take effect immediately.
 
                                 PART CCC
 
   Section 1. The private housing finance law is amended by adding a  new
 article 32 to read as follows:
 
                                ARTICLE 32
           NEW YORK HOUSING OPPORTUNITY CORPORATION ACT OF 2024
 SECTION 1283. LEGISLATIVE FINDINGS.
         1284. DEFINITIONS.
         1285. NEW YORK HOUSING OPPORTUNITY CORPORATION.
         1286. CORPORATION POWERS.
         1287. IDENTIFICATION OF PROPERTY.
         1288. LEASE OF PROPERTY.
         1289. PUBLIC NOTIFICATION AND ENGAGEMENT.
         1290. COMPLIANCE  WITH  BUILDING CODES AND ENVIRONMENTAL REVIEW,
                 AND LOCAL ORDINANCES.
         1291. RENTAL AND OWNERSHIP PROJECT REQUIREMENTS.
         1292. SUPERVISION AND REGULATION.
 S. 8306--B                         152
 
         1293. CONSTRUCTION AND OPERATION.
         1294. ANNUAL REPORTS.
         1295. NEW  YORK HOUSING OPPORTUNITY CORPORATION NEW CONSTRUCTION
                 REVOLVING FUND.
         1296. NEW YORK HOUSING OPPORTUNITY CORPORATION  MAINTENANCE  AND
                 PRESERVATION REVOLVING FUND.
         1297. DESIGNATION  OF  AND  SERVICE  OF  PROCESS ON SECRETARY OF
                 STATE AND REGISTERED AGENT.
         1298. JURISDICTION; COURTS; VENUE.
   §  1283. LEGISLATIVE  FINDINGS.  THE  LEGISLATURE  HEREBY  FINDS   AND
 DECLARES  THAT  THERE EXISTS IN MUNICIPALITIES IN THIS STATE A SERIOUSLY
 INADEQUATE SUPPLY OF SAFE AND AFFORDABLE HOUSING FOR FAMILIES AND  INDI-
 VIDUALS.  THERE  IS  ALSO AN INADEQUATE SUPPLY OF HOUSING FOR PERSONS OF
 LOW, MODERATE, AND MIDDLE INCOMES, RESULTING IN INCREASING LOSS OF POPU-
 LATION, AS WELL AS UNSUSTAINABLY HIGH RENTS AND PURCHASE PRICES OF QUAL-
 ITY HOUSING STOCK.  THESE CONDITIONS ARE DUE, IN LARGE MEASURE, TO  LACK
 OF  HOUSING  SUPPLY  AND  THE DIFFICULTY OF THE PRIVATE MARKET TO CREATE
 HOUSING AFFORDABLE TO MANY LOW, MODERATE,  AND  MIDDLE-INCOME  RESIDENTS
 WITHIN  THIS  STATE.  SUCH  CONDITIONS  CONSTITUTE  A HOUSING CRISIS AND
 CREATE UNCONSCIONABLE SCARCITY OF QUALITY  AFFORDABLE  HOUSING  FOR  THE
 CITIZENS OF THIS STATE, NECESSITATING SPEEDY RELIEF.  THE CURRENT CONDI-
 TIONS  OF  THE  HOUSING AND RENTAL MARKETS WITHIN THIS STATE DEMONSTRATE
 SUCH RELIEF CANNOT READILY BE PROVIDED BY THE ORDINARY UNAIDED OPERATION
 OF PRIVATE ENTERPRISE AND REQUIRE  THAT  PROVISIONS  BE  MADE  BY  WHICH
 PRIVATE FREE ENTERPRISE MAY BE ENCOURAGED TO INVEST IN PROVIDING HOUSING
 FACILITIES  AND  OTHER  FACILITIES  INCIDENTAL  THERETO  FOR FAMILIES OR
 PERSONS OF LOW, MODERATE, AND  MIDDLE  INCOMES.  IT  IS  NECESSARY  THAT
 PROVISION BE MADE FOR PARTICIPATION BY THE STATE, ITS MUNICIPALITIES AND
 THE  NEW  YORK  STATE  DIVISION  OF HOUSING AND COMMUNITY RENEWAL IN THE
 FINANCING OF SUCH HOUSING, FOR THE ACQUISITION BY SUCH COMPANIES OF REAL
 PROPERTY REQUIRED FOR SUCH PURPOSES AND FOR PUBLIC  ASSISTANCE  TO  SUCH
 COMPANIES  IN  PROVIDING FINANCING FOR CONSTRUCTION.  THE COOPERATION OF
 THE STATE, ITS SUBDIVISIONS AND THE DIVISION OF  HOUSING  AND  COMMUNITY
 RENEWAL  IS NECESSARY TO ACCOMPLISH SUCH PURPOSES; THAT THE PROVISION OF
 SUCH SAFE AND AFFORDABLE HOUSING ACCOMMODATIONS BY SUCH COMPANIES JOINT-
 LY OR SEVERALLY ARE PUBLIC USES AND PURPOSES FOR WHICH PUBLIC MONEY  MAY
 BE  LOANED  AND  PRIVATE PROPERTY MAY BE ACQUIRED BY AND FOR SUCH COMPA-
 NIES; THAT SUCH CONDITIONS REQUIRE THE CREATION OF THE COMPANIES HEREIN-
 AFTER PRESCRIBED FOR THE PURPOSE OF ATTAINING THE ENDS  HEREIN  RECITED;
 AND  THE NECESSITY IN THE PUBLIC INTEREST FOR THE PROVISIONS HEREINAFTER
 ENACTED IS HEREBY DECLARED AS A MATTER OF LEGISLATIVE DETERMINATION.
   § 1284. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COMMISSIONER" SHALL MEAN THE STATE COMMISSIONER OF THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL.
   2.  "DIVISION"  SHALL  MEAN  THE  DIVISION  OF  HOUSING  AND COMMUNITY
 RENEWAL.
   3. "LOCAL LEGISLATIVE BODY" (A) IN A CITY, SUCH TERM  SHALL  MEAN  THE
 BOARD OF ALDERMEN, COMMON COUNCIL, COUNCIL, COMMISSION OR OTHER BOARD OR
 BODY  NOW OR HEREAFTER VESTED BY ITS CHARTER OR OTHER LAW WITH JURISDIC-
 TION TO ENACT ORDINANCES OR LOCAL LAWS, EXCEPT THAT IN A CITY  HAVING  A
 POPULATION  OF ONE MILLION OR MORE, AS TO SUCH CITY, THE TERM SHALL MEAN
 THE OFFICER OR AGENCY VESTED WITH POWER UNDER THE CHARTER OF SUCH  CITY,
 OR  BY  OTHER  LAW,  TO ACT PURSUANT TO THIS CHAPTER; (B) IN A TOWN SUCH
 TERM SHALL MEAN THE TOWN BOARD; (C) IN A VILLAGE SUCH  TERM  SHALL  MEAN
 THE BOARD OF TRUSTEES.
 S. 8306--B                         153
 
   4. "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 ONE HUNDRED YEAR FLOODPLAIN, AND WAS
 NOT BEING USED FOR COMMERCIAL AGRICULTURAL PURPOSES OR  FORESTRY  AS  OF
 THE EFFECTIVE DATE OF THIS ARTICLE.
   5.  "DISABLED  PERSON" SHALL MEAN A PERSON WHO HAS AN IMPAIRMENT WHICH
 RESULTS FROM  ANATOMICAL,  PHYSIOLOGICAL  OR  PSYCHOLOGICAL  CONDITIONS,
 OTHER  THAN ADDICTION TO ALCOHOL, GAMBLING, OR ANY CONTROLLED SUBSTANCE,
 WHICH IS DEMONSTRATED BY MEDICALLY ACCEPTABLE  CLINICAL  AND  LABORATORY
 DIAGNOSTIC  TECHNIQUES  AND  WHICH  IS  EXPECTED  TO BE PERMANENT AND TO
 SUBSTANTIALLY LIMIT ONE OR MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
   6. "SENIOR CITIZEN" SHALL MEAN A PERSON WHO IS SIXTY-TWO YEARS OF  AGE
 OR OLDER.
   7.  "CORPORATION"  SHALL  MEAN THE NEW YORK HOUSING OPPORTUNITY CORPO-
 RATION, AS ESTABLISHED IN SECTION TWELVE  HUNDRED  EIGHTY-FIVE  OF  THIS
 ARTICLE.
   8.  "LESSEE"  SHALL  MEAN  THE PARTY WHICH HAS ENTERED INTO A CONTRACT
 WITH THE CORPORATION OR THE DIVISION FOR THE PURPOSE OF DEVELOPING HOUS-
 ING ON STATE-OWNED LAND PURSUANT TO THIS ARTICLE.
   9. "HOUSING CORPORATION" SHALL MEAN ANY  HOUSING  COOPERATIVE  CREATED
 PURSUANT  TO THIS ARTICLE FOR THE PURPOSES OF DEVELOPING AND MAINTAINING
 AFFORDABLE HOUSING ON STATE-OWNED LAND.
   10. "RENTAL PROJECT" SHALL MEAN A  RENTAL  MULTIPLE  DWELLING  CREATED
 PURSUANT TO THIS ARTICLE.
   11.  "OWNERSHIP  PROJECT" SHALL MEAN A COOPERATIVE HOUSING DEVELOPMENT
 CONSISTING OF MULTIPLE DWELLINGS CREATED PURSUANT TO THIS ARTICLE.
   12. "MANAGING AGENT" SHALL MEAN A PERSON WHO  EXERCISES  CONTROL  OVER
 THE ASSETS OF AN OWNERSHIP OR RENTAL PROJECT.
   §  1285. NEW  YORK HOUSING OPPORTUNITY CORPORATION. 1. THERE IS HEREBY
 ESTABLISHED A PUBLIC BENEFIT CORPORATION KNOWN AS THE "NEW YORK  HOUSING
 OPPORTUNITY CORPORATION" AS A SUBSIDIARY CORPORATION OF THE DIVISION.
   2.  THE DIVISION MAY TRANSFER TO SUCH SUBSIDIARY CORPORATION ANY REAL,
 PERSONAL OR MIXED PROPERTY IN ORDER TO CARRY OUT THE PURPOSES OF SECTION
 TWELVE HUNDRED NINETY-TWO OF THIS ARTICLE.  SUCH SUBSIDIARY  CORPORATION
 SHALL  HAVE  ALL  THE  PRIVILEGES,  IMMUNITIES,  TAX EXEMPTION AND OTHER
 EXEMPTIONS OF THE CORPORATION TO THE EXTENT THE SAME ARE NOT  INCONSIST-
 ENT WITH THIS SECTION.
   3. THE BOARD OF DIRECTORS OF SUCH SUBSIDIARY CORPORATION SHALL CONSIST
 OF  THE  COMMISSIONER  OF HOUSING AND COMMUNITY RENEWAL, THE DIRECTOR OF
 THE BUDGET,  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE,  ONE  MEMBER
 APPOINTED  BY  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, AND ONE MEMBER
 APPOINTED BY THE SPEAKER OF THE ASSEMBLY. IN ADDITION,  THERE  SHALL  BE
 FOUR MEMBERS TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT
 OF THE SENATE.  THE POWERS OF SUCH SUBSIDIARY CORPORATION SHALL BE VEST-
 ED  IN  AND EXERCISED BY NO LESS THAN SIX OF ITS MEMBERS THEREOF THEN IN
 OFFICE. THE SUBSIDIARY CORPORATION MAY DELEGATE TO ONE OR  MORE  OF  ITS
 MEMBERS,  OR  ITS OFFICERS, AGENTS AND EMPLOYEES, SUCH POWERS AND DUTIES
 AS IT MAY DEEM PROPER. THE COMMISSIONER OF THE DIVISION OF  HOUSING  AND
 COMMUNITY  RENEWAL  SHALL  SERVE AS THE PRESIDENT AND CHAIRPERSON OF THE
 CORPORATION.
   3-A. THE CHAIRPERSON OF THE CORPORATION  MAY  APPOINT  AN  OFFICER  OR
 EMPLOYEE OF THE CORPORATION TO REPRESENT THE CHAIRPERSON AT ALL MEETINGS
 OF  THE  CORPORATION  FROM WHICH THE CHAIRPERSON MAY BE ABSENT. ANY SUCH
 REPRESENTATIVE SO DESIGNATED SHALL HAVE THE POWER TO ATTEND AND TO  VOTE
 AT  ANY  MEETING  OF  THE  CORPORATION FROM WHICH THE CHAIRPERSON OF THE
 CORPORATION IS ABSENT WITH THE SAME FORCE AND EFFECT AS  IF  THE  CHAIR-
 S. 8306--B                         154
 
 PERSON  OF  THE  CORPORATION  WERE  PRESENT AND VOTING. SUCH DESIGNATION
 SHALL BE BY WRITTEN NOTICE FILED WITH  THE  CHAIRPERSON  OF  THE  CORPO-
 RATION.   THE DESIGNATION OF SUCH PERSON SHALL CONTINUE UNTIL REVOKED AT
 ANY  TIME  BY WRITTEN NOTICE TO SUCH CHAIRPERSON. SUCH DESIGNATION SHALL
 NOT BE DEEMED TO LIMIT THE POWER OF THE CHAIRPERSON OF  THE  CORPORATION
 TO ATTEND AND VOTE AT ANY MEETING OF THE CORPORATION.
   4.  NO  OFFICER  OR  MEMBER OF THE CORPORATION SHALL RECEIVE ANY ADDI-
 TIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN REIMBURSEMENT
 FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE  OF  THEIR
 DUTIES,  BY  REASON OF SERVING AS A MEMBER, DIRECTOR, OR TRUSTEE OF SUCH
 SUBSIDIARY CORPORATION.
   5.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  LAW,  GENERAL,
 SPECIAL  OR  LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR OF ANY CIVIL
 DIVISION THEREOF, OR ANY PUBLIC BENEFIT CORPORATION, SHALL BE DEEMED  TO
 HAVE  FORFEITED OR SHALL FORFEIT THEIR OFFICE OR EMPLOYMENT BY REASON OF
 ACCEPTANCE OF MEMBERSHIP ON THE CORPORATION CREATED BY THIS SECTION.
   6. THE FISCAL YEAR OF SUCH SUBSIDIARY CORPORATION SHALL BEGIN WITH THE
 FIRST DAY OF APRIL OF EACH YEAR AND END WITH THE NEXT FOLLOWING  THIRTY-
 FIRST DAY OF MARCH.
   7. THE CORPORATION SHALL HAVE THE POWER TO:
   (A) SUE AND BE SUED;
   (B) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   (C)  MAKE  AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
 MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE  OF  ITS  PROPERTY
 AND FACILITIES;
   (D)  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
 CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP-
 TER;
   (E) ACQUIRE, HOLD AND DISPOSE OF REAL OR  PERSONAL  PROPERTY  FOR  ITS
 CORPORATE PURPOSES;
   (F) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR
 RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE;
   (G)  PROCURE  INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV-
 ITIES, PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH  INSUR-
 ERS AS IT DEEMS DESIRABLE; AND
   (H) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES UNDER ITS
 CUSTODY  AND  CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT
 THE DISCRETION OF THE CORPORATION, IN OBLIGATIONS OF THE  STATE  OR  THE
 UNITED  STATES  GOVERNMENT  OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF
 WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT, OR IN
 ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE  IS  AUTHOR-
 IZED  TO  INVEST  PURSUANT  TO SECTION NINETY-EIGHT OF THE STATE FINANCE
 LAW.
   8. THE CORPORATION WILL ENCOURAGE THE CREATION OF LOCAL HOUSING  PART-
 NERSHIPS; SUCH PARTNERSHIPS MAY INCLUDE BUT NOT BE LIMITED TO MEMBERS OF
 THE  BUSINESS  COMMUNITY,  THE  FINANCIAL COMMUNITY, HOUSING DEVELOPERS,
 BUILDERS, NOT-FOR-PROFIT ORGANIZATIONS AND  COMMUNITY  LEADERS  WHO  ARE
 COMMITTED TO THE DEVELOPMENT OF LOW, MODERATE, AND MIDDLE-INCOME HOUSING
 WITHIN SUCH COMMUNITY.
   9.  THE  CORPORATION WILL FACILITATE THE COORDINATION OF LOCAL HOUSING
 PARTNERSHIPS AND  EXISTING  STATE,  FEDERAL  AND  LOCAL  PROGRAMS  WHICH
 PROMOTE THE DEVELOPMENT OF LOW, MODERATE, AND MIDDLE-INCOME HOUSING.
   10.  THE  CORPORATION  IS  A  PUBLIC  HOUSING AGENCY AS DEFINED IN THE
 UNITED STATES HOUSING ACT OF 1937,  AS  AMENDED,  AND  MAY  RECEIVE  AND
 ADMINISTER  FUNDS INCLUDING BUT NOT LIMITED TO SUBSIDIES, LOANS AND FEES
 MADE AVAILABLE THROUGH FEDERAL PROGRAMS UNDER SUCH ACT.
 S. 8306--B                         155
 
   (A) THE CORPORATION SHALL BE THE SOLE ENTITY  WITH  AUTHORITY  IN  THE
 STATE  TO  UNDERTAKE  ANY STATEWIDE OR REGIONAL MULTI-STATE CONTRACT FOR
 PERFORMANCE BASED ANNUAL CONTRIBUTIONS  CONTRACT  ADMINISTRATION  ISSUED
 UNDER AUTHORITY GRANTED IN 42 U.S.C. SECTION 1437F OR ANY REPLACEMENT OR
 SUCCESSOR  PROGRAM  OR  CONTRACT, WHETHER CALLED AN ANNUAL CONTRIBUTIONS
 CONTRACT OR OTHER NAME, THAT REQUIRES SUBSTANTIALLY  THE  SAME  ADMINIS-
 TRATION OR SUPPORT SERVICES OFFERED NATIONALLY, REGIONALLY OR STATEWIDE.
 THE  CORPORATION MAY IN ITS DISCRETION SUBCONTRACT SUCH ACTIVITIES AS IT
 MAY REQUIRE. THE DIVISION SHALL  BE  THE  ENTITY  RESPONSIBLE  FOR  SUCH
 STATEWIDE  OR  REGIONAL  MULTI-STATE  CONTRACT  ADMINISTRATION  WITH ALL
 POWERS AND RESPONSIBILITIES WHICH WOULD OTHERWISE BE  AVAILABLE  TO  THE
 CORPORATION  IN  THE EVENT THE CORPORATION IS UNABLE OR UNWILLING TO ACT
 AS SUCH ENTITY.
   (B) THE POWERS VESTED IN THE CORPORATION AND THE DIVISION PURSUANT  TO
 PARAGRAPH  (A)  OF  THIS SUBDIVISION ARE COINCIDENT TO THE POWERS OF ANY
 MUNICIPAL OR OTHER LOCAL PUBLIC HOUSING AGENCY OR PUBLIC HOUSING AUTHOR-
 ITY OPERATING WITHIN THE STATE ON THE EFFECTIVE DATE OF THIS PARAGRAPH.
   11. THE DIVISION AND ALL OTHER STATE  OFFICERS,  DEPARTMENTS,  BOARDS,
 DIVISIONS,  COMMISSIONS,  PUBLIC  AUTHORITIES  AND PUBLIC BENEFIT CORPO-
 RATIONS MAY RENDER SUCH SERVICES TO THE CORPORATION WITHIN THEIR RESPEC-
 TIVE FUNCTIONS AS MAY BE REQUESTED BY THE CORPORATION.
   12. NOTWITHSTANDING THE PROVISIONS OF  ARTICLE  ONE-A  OF  THE  PUBLIC
 AUTHORITIES  LAW,  CONTRACTS ENTERED INTO BY THE CORPORATION PURSUANT TO
 ARTICLES EIGHTEEN AND EIGHTEEN-A OF THIS CHAPTER SHALL NOT BE SUBJECT TO
 THE PROVISIONS OF ARTICLE ONE-A OF THE PUBLIC AUTHORITIES LAW.
   § 1286. CORPORATION POWERS. 1. SUBJECT  TO  THE  LIMITATIONS  OF  THIS
 ARTICLE,  THE  CORPORATION  SHALL  HAVE THE POWERS AND BE SUBJECT TO THE
 LIMITATIONS CONTAINED IN THE BUSINESS CORPORATION LAW  OR  THE  NOT-FOR-
 PROFIT CORPORATION LAW, AS THE CASE MAY BE, AND SHALL HAVE THE FOLLOWING
 ADDITIONAL SPECIFIC POWERS:
   (A)  TO  MAKE AND EXECUTE CONTRACTS AND OTHER INSTRUMENTS NECESSARY OR
 CONVENIENT IN THE EXERCISE OF ITS POWERS;
   (B) TO ACQUIRE OR CONTRACT TO ACQUIRE FROM ANY  PERSON,  FIRM,  CORPO-
 RATION,  MUNICIPALITY,  FEDERAL  OR  STATE  AGENCY,  BY GRANT, PURCHASE,
 CONDEMNATION OR OTHERWISE, LEASEHOLDS, REAL, PERSONAL OR MIXED  PROPERTY
 OR  ANY INTEREST THEREIN, AND TO SELL, ASSIGN, EXCHANGE, TRANSFER, MORT-
 GAGE OR ENCUMBER THE SAME;
   (C) TO OWN, HOLD, CLEAR AND  IMPROVE,  LEASEHOLD,  REAL,  PERSONAL  OR
 MIXED PROPERTY OR ANY INTEREST THEREIN;
   (D)  TO CONSTRUCT, RECONSTRUCT, REHABILITATE, IMPROVE, ALTER OR REPAIR
 OR PROVIDE FOR THE CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, ALTERATION
 OR REPAIR OF ANY PROJECT;
   (E) TO LEASE OR RENT ANY OF THE HOUSING OR OTHER ACCOMMODATIONS OR ANY
 OF THE LANDS,  BUILDINGS,  STRUCTURES  OR  FACILITIES  EMBRACED  IN  ANY
 PROJECT  AND  ESTABLISH  AND REVISE THE RENTS OR CHARGES THEREFOR; OR TO
 PURCHASE OR LEASE A PROJECT OR A PART THEREOF FROM AN AUTHORITY.
   (F) TO ARRANGE OR CONTRACT  WITH  A  MUNICIPALITY  FOR  THE  PLANNING,
 REPLANNING,  OPENING,  GRADING  OR  CLOSING OF STREETS, ROADS, ROADWAYS,
 ALLEYS OR OTHER PLACES OR FOR THE FURNISHING OF FACILITIES  OR  FOR  THE
 ACQUISITION  BY A MUNICIPALITY OF PROPERTY OR PROPERTY RIGHTS OR FOR THE
 FURNISHING OF PROPERTY OR SERVICES IN CONNECTION WITH A PROJECT;
   (G) TO INSURE OR PROVIDE FOR THE INSURANCE OF ITS  PROPERTY  OR  OPER-
 ATIONS  AS  REQUIRED  BY LAW AND ALSO AGAINST SUCH OTHER RISKS AS IT MAY
 DEEM ADVISABLE;
   (H) TO LIMIT BY CONTRACT THE EXERCISE OF ANY OF ITS POWERS;
 S. 8306--B                         156
 
   (I) TO INVEST ANY FUNDS HELD IN RESERVES  OR  SINKING  FUNDS,  OR  ANY
 FUNDS  NOT REQUIRED FOR IMMEDIATE DISBURSEMENT IN PROPERTY OR SECURITIES
 IN WHICH SAVINGS  BANKS  MAY  LEGALLY  INVEST  FUNDS  SUBJECT  TO  THEIR
 CONTROL;
   (J) TO SUE AND BE SUED;
   (K) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   (L)  TO MAKE AND FROM TIME TO TIME AMEND AND REPEAL BY-LAWS, RULES AND
 REGULATIONS NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE;
   (M) TO SELL, LEASE, OR OTHERWISE CONVEY ALL OR ANY PART OF  A  PROJECT
 TO  AN  AUTHORITY UPON SUCH TERMS AND CONDITIONS AS SHALL HAVE THE PRIOR
 APPROVAL OF THE COMMISSIONER, AS THE CASE MAY BE;
   (N) TO LEASE TO ANY AUTHORITY, OR TO A MUNICIPALITY IN CONNECTION WITH
 ANY FEDERALLY-AIDED  PROGRAM  TO  PROVIDE  DWELLING  ACCOMMODATIONS  FOR
 INCOME ELIGIBLE APPLICANTS, ONE OR MORE DWELLING UNITS IN A PROJECT UPON
 SUCH  TERMS  AND  CONDITIONS AS SHALL HAVE THE PRIOR WRITTEN APPROVAL OF
 THE COMMISSIONER, AS THE CASE MAY BE;
   (O) TO LEASE, WITH OR WITHOUT AN OPTION TO PURCHASE, ALL OR  ANY  PART
 OF  A  PROJECT  TO  ANY PERSON, FIRM, PARTNERSHIP, TRUST OR CORPORATION,
 SUBJECT TO THE PRIOR WRITTEN CONSENT OF THE COMMISSIONER,  AS  THE  CASE
 MAY BE. ANY PROPERTY SO LEASED SHALL REMAIN SUBJECT TO THE PROVISIONS OF
 THIS  ARTICLE  AND  TO THE RULES AND REGULATIONS OF THE COMMISSIONER, AS
 THE CASE MAY BE. SUCH LEASE MAY PROVIDE FOR THE ASSUMPTION BY THE LESSEE
 OF THE MANAGEMENT AND CONTROL OF THE PROJECT, AS WELL AS  THE  RIGHT  OF
 THE LESSEE TO COLLECT ALL REVENUES ACCRUING THERETO;
   (P) TO ISSUE PAYMENTS IN LIEU OF TAXES;
   (Q)  TO  DO  ALL OTHER THINGS NECESSARY OR CONVENIENT TO CARRY OUT ITS
 POWERS.
   2. THE CORPORATION SHALL FILE WITH THE COMMISSIONER, AS THE  CASE  MAY
 BE,  A  COPY  OF  ANY BY-LAWS, RULES, REGULATIONS AND AMENDMENTS THERETO
 ADOPTED BY IT FROM TIME TO  TIME,  WHICH  SHALL  BECOME  EFFECTIVE  UPON
 APPROVAL BY THE COMMISSIONER; PROVIDED, HOWEVER, THAT IF THE COMMISSION-
 ER  SHALL  FAIL  TO  APPROVE  OR DISAPPROVE SUCH PROPOSED BY-LAWS WITHIN
 THREE MONTHS AFTER SUCH FILING, SUCH BY-LAWS SHALL BECOME EFFECTIVE UPON
 THE EXPIRATION OF SUCH THREE MONTH PERIOD. THESE BY-LAWS,  RULES,  REGU-
 LATIONS  AND  AMENDMENTS  SHALL  CONTAIN SUCH PROVISIONS RELATING TO THE
 MANAGEMENT OF ITS BUSINESS, THE REGULATION OF ITS AFFAIRS,  THE  CALLING
 OF  MEETINGS,  THE MANNER OF SELECTION OF OFFICERS AND TRUSTEES AND SUCH
 OTHER PROVISIONS AS MAY BE REASONABLE AND NECESSARY.
   3. NOTWITHSTANDING THE PROVISIONS OF  ANY  LAW,  GENERAL  OR  SPECIAL,
 LESSEE  MAY,  WITH THE APPROVAL OF THE COMMISSIONER, AS THE CASE MAY BE,
 REQUIRE A STANDARD FORM AND PROCEDURE FOR  THE  CASTING  OF  PROXIES  OR
 ABSENTEE BALLOTS IN ANY MATTER REQUIRING A SHAREHOLDER VOTE.
   4.  NOTWITHSTANDING THE PROVISIONS OF ANY LAW, GENERAL OR SPECIAL, THE
 CORPORATION CREATED PURSUANT TO THE PROVISIONS OF THIS ARTICLE SHALL:
   (A) HOLD AT LEAST FOUR MEETINGS OF THE BOARD  OF  DIRECTORS  ANNUALLY.
 SUCH  MEETINGS SHALL BE OPEN TO THE PUBLIC, EXCEPT THAT THEY MAY INCLUDE
 EXECUTIVE SESSIONS OPEN ONLY  TO  DIRECTORS  FOR  THE  SOLE  PURPOSE  OF
 DISCUSSING  CONFIDENTIAL PERSONNEL ISSUES, LEGAL ADVICE AND COUNSEL FROM
 AN ATTORNEY TO WHOM THE CORPORATION IS A CLIENT, OR CONFIDENTIAL  ISSUES
 AFFECTING INDIVIDUAL SHAREHOLDERS OR RESIDENTS, OR CONTRACT NEGOTIATION.
 ANY  SUCH  BOARD  OF  DIRECTORS MEETINGS HELD IN ADDITION TO THE MINIMUM
 NUMBER OF FOUR AS REQUIRED BY THIS SECTION SHALL BE OPEN TO THE  PUBLIC,
 AND   SUBJECT   TO  THE  AFOREMENTIONED  EXCEPTION  REGARDING  EXECUTIVE
 SESSIONS.
   (B) MAINTAIN A RECORD OF ANY VOTE  ON  A  RESOLUTION  OF  SUCH  BOARD,
 INCLUDING SPECIFICATION OF HOW EACH DIRECTOR VOTED. SUCH RECORD SHALL BE
 S. 8306--B                         157
 
 A  MATTER  OF PUBLIC RECORD WHICH WILL BE MADE AVAILABLE AS A PAPER COPY
 AT THE REQUEST OF A SHAREHOLDER AND WILL ALSO BE  POSTED  ON  A  WEBSITE
 THAT  IS  PUBLICLY  ACCESSIBLE  MAINTAINED  BY  THE  BOARD OF DIRECTORS,
 PROVIDED  HOWEVER,  THAT  THERE  MAY BE REDACTIONS TO THE EXTENT MINUTES
 WOULD REFLECT THE DISCUSSIONS HELD IN EXECUTIVE SESSION.
   § 1287. IDENTIFICATION OF PROPERTY. 1. FOR  A  PERIOD  OF  SIX  MONTHS
 AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSIONER OF THE OFFICE
 OF  GENERAL  SERVICES,  IN  CONSULTATION  WITH EACH EXECUTIVE AGENCY AND
 PUBLIC BENEFIT CORPORATION OR AUTHORITY ESTABLISHED  PURSUANT  TO  STATE
 LAW  SHALL,  FOR  THE  PURPOSE  OF LOCATING SITES TO FURTHER THE GOAL OF
 CREATING HOUSING WITHIN THE STATE FOR LOW, MODERATE,  AND  MIDDLE-INCOME
 PERSONS, SURVEY ITS JURISDICTION TO DETERMINE THE EXISTENCE AND LOCATION
 OF UNUSED OR UNDERUTILIZED PARCELS OF REAL PROPERTY CONTAINING PREVIOUS-
 LY  DISTURBED LAND, AS WELL AS BUILDINGS AND STRUCTURES CURRENTLY NOT IN
 USE AND IN THE CONTROL AND POSSESSION OF THE STATE OF NEW YORK  AND  ANY
 PUBLIC  BENEFIT CORPORATIONS AND PUBLIC AUTHORITIES ESTABLISHED PURSUANT
 TO STATE LAW.
   2. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR,  THE
 COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE
 EXECUTIVE  AGENCIES  SHALL SUBMIT A REPORT TO THE TEMPORARY PRESIDENT OF
 THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE COMMISSIONER CATALOGING
 THE SITES IDENTIFIED PURSUANT TO SUBDIVISION ONE OF  THIS  SECTION.  THE
 REPORT  SHALL  INCLUDE, BUT NEED NOT BE LIMITED TO, THE LOCATION, CONDI-
 TION, AND STATUS OF ALL IDENTIFIED REAL PROPERTY,  INCLUDING  BUILDINGS.
 IN  CONSULTATION  WITH  THE DIVISION AND THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, THE REPORT SHALL CONTAIN AN ASSESSMENT OF WHETHER A PARCEL
 CAN BE DEVELOPED FOR THE PURPOSES OF HOUSING. THE COMMISSIONER OF GENER-
 AL SERVICES MAY, FROM TIME TO TIME, UPDATE THIS REPORT TO REFLECT CHANG-
 ES IN THE PARCELS INCLUDED AND FURNISH A  COPY  OF  THE  REPORT  TO  THE
 TEMPORARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
 COMMISSIONER.
   3. THE CORPORATION, IN CONSULTATION  WITH  THE  DIVISION,  SHALL  MAKE
 AVAILABLE FOR LEASE SITES IDENTIFIED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION  THROUGH A REQUEST FOR PROPOSAL FOR THE CONSTRUCTION OF AFFORDA-
 BLE HOUSING AND OTHER MIXED USES INCLUDING COMMUNITY AMENITIES. IN EVAL-
 UATING THE PROPOSALS, THE CORPORATION SHALL EVALUATE WHETHER THE  APPLI-
 CANT  AFFIRMATIVELY  FURTHERS  FAIR  HOUSING, IS ENGAGING IN A SOUND AND
 EFFICIENT USE OF STATE  RESOURCES,  PROVIDES  HOUSING  FOR  A  RANGE  OF
 INCOMES--  LOW,  MODERATE,  AND  MIDDLE, AND SERVES THE INTERESTS OF THE
 SURROUNDING COMMUNITY. THE REQUEST FOR PROPOSAL SHALL BE POSTED  ON  THE
 DIVISION'S  WEBSITE FOR A PERIOD OF NO LESS THAN NINETY DAYS. THE CORPO-
 RATION SHALL NOTIFY ALL APPLICANTS IN WRITING  OF  ITS  DECISION  WITHIN
 THIRTY DAYS OF SELECTING A PROPOSAL.
   4.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS ARTICLE, THE CORPO-
 RATION  SHALL  NOT  BE   EMPOWERED   TO   UNDERTAKE   THE   ACQUISITION,
 CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF A PROJECT
 UNLESS THE CORPORATION FINDS:
   (A)  THAT  THERE  EXISTS,  IN  THE  AREA IN WHICH THE PROJECT IS TO BE
 LOCATED, OR IN AN AREA REASONABLY ACCESSIBLE TO SUCH AREA,  A  NEED  FOR
 SAFE AND SANITARY HOUSING ACCOMMODATIONS FOR PERSONS OR FAMILIES OF LOW,
 MODERATE,  OR  MIDDLE INCOME, WHICH THE OPERATIONS OF PRIVATE ENTERPRISE
 CANNOT PROVIDE;
   (B) THE PROJECT AFFIRMATIVELY FURTHERS FAIR HOUSING;
   (C) THE PROJECT  ENGAGES  IN  A  SOUND  AND  EFFICIENT  USE  OF  STATE
 RESOURCES;
 S. 8306--B                         158
 
   (D)  THE  PROJECT PROVIDES HOUSING FOR PERSONS AND FAMILIES OF A RANGE
 OF INCOMES-- LOW, MODERATE, AND MIDDLE; AND
   (E)  THE  PROJECT  WILL NOT CAUSE HARM TO THE HEALTH AND SAFETY OF THE
 SURROUNDING COMMUNITY.
   § 1288. LEASE OF PROPERTY. 1. NOTWITHSTANDING ANY PROVISION OF LAW  TO
 THE  CONTRARY,  THE  COMMISSIONER  OF  THE OFFICE OF GENERAL SERVICES IS
 HEREBY AUTHORIZED, WITHOUT ANY PUBLIC BIDDING, TO  LEASE  AND  OTHERWISE
 CONTRACT TO MAKE AVAILABLE TO A LESSEE, AS DEFINED IN THIS ARTICLE, REAL
 PROPERTY   AND  EXISTING  STRUCTURES  FOR  THE  PURPOSE  OF  DEVELOPING,
 CONSTRUCTING, MAINTAINING AND OPERATING AFFORDABLE HOUSING.  SUCH  LEASE
 OR  CONTRACT SHALL BE FOR A PERIOD NOT EXCEEDING NINETY-NINE YEARS WITH-
 OUT ANY FEE SIMPLE CONVEYANCE AND OTHERWISE UPON  TERMS  AND  CONDITIONS
 DETERMINED  BY THE COMMISSIONER OF GENERAL SERVICES IN CONSULTATION WITH
 THE DIVISION, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DIVISION OF
 THE BUDGET, THE ATTORNEY GENERAL AND THE STATE COMPTROLLER. IN THE EVENT
 THAT THE REAL PROPERTY THAT IS THE SUBJECT OF  SUCH  LEASE  OR  CONTRACT
 SHALL  CEASE  TO BE USED FOR THE PURPOSE DESCRIBED IN THIS ARTICLE, SUCH
 LEASE OR CONTRACT SHALL IMMEDIATELY AND AUTOMATICALLY TERMINATE AND  THE
 REAL  PROPERTY  AND  ANY IMPROVEMENTS THEREON SHALL REVERT TO THE CORPO-
 RATION. ANY LEASE OR CONTRACT ENTERED  INTO  PURSUANT  TO  THIS  ARTICLE
 SHALL  PROVIDE  THAT THE REAL PROPERTY THAT IS THE SUBJECT OF SUCH LEASE
 OR CONTRACT AND ANY IMPROVEMENTS THEREON SHALL REVERT TO THE CORPORATION
 ON THE EXPIRATION OF SUCH CONTRACT OR LEASE.
   2. ANY CONTRACT OR LEASE ENTERED INTO PURSUANT TO THIS  ACT  SHALL  BE
 DEEMED  TO  BE A STATE CONTRACT FOR PURPOSES OF ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW, AND ANY CONTRACTOR, SUBCONTRACTOR,  LESSEE  OR  SUBLESSEE
 ENTERING  INTO  SUCH CONTRACT OR LEASE FOR THE CONSTRUCTION, DEMOLITION,
 RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR,  RENOVATION,  ALTER-
 ATION  OR  IMPROVEMENT AUTHORIZED PURSUANT TO THIS ACT SHALL BE DEEMED A
 STATE AGENCY FOR THE PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW
 AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE.
   3.  WITHOUT  LIMITING THE DETERMINATION OF THE TERMS AND CONDITIONS OF
 SUCH CONTRACTS OR LEASES, SUCH TERMS  AND  CONDITIONS  MAY  PROVIDE  FOR
 LEASING,   SUBLEASING,   CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION,
 IMPROVEMENT, OPERATION AND MANAGEMENT OF AND PROVISION OF  SERVICES  AND
 ASSISTANCE  AND  THE  GRANTING OF LICENSES, EASEMENTS AND OTHER ARRANGE-
 MENTS WITH REGARD TO SUCH GROUNDS AND FACILITIES BY THE  GROUND  LESSEE,
 AND  PARTIES  CONTRACTING WITH THE GROUND LESSEE, AND IN CONNECTION WITH
 SUCH ACTIVITIES, THE OBTAINING OF FUNDING OR FINANCING.
   4. SUCH LEASE SHALL INCLUDE AN INDEMNITY PROVISION WHEREBY THE  LESSEE
 OR  SUBLESSEE PROMISES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE LESSOR
 AGAINST ALL CLAIMS, SUITS, ACTIONS, AND LIABILITY TO ALL PERSONS ON  THE
 LEASED  PREMISES, INCLUDING TENANTS, SHAREHOLDERS, SHAREHOLDERS' TENANTS
 AGENTS,  CONTRACTORS,  SUBCONTRACTORS,  EMPLOYEES,  CUSTOMERS,   GUESTS,
 LICENSEES,  INVITEES  AND  MEMBERS OF THE PUBLIC, FOR DAMAGE TO ANY SUCH
 PERSON'S PROPERTY, WHETHER REAL OR PERSONAL, OR  FOR  PERSONAL  INJURIES
 ARISING OUT OF A LESSEE'S USE OR OCCUPATION OF THE DEMISED PREMISES.
   §  1289. PUBLIC  NOTIFICATION  AND  ENGAGEMENT. 1. IN EFFECTUATING THE
 PURPOSES OF THIS ARTICLE, THE CORPORATION SHALL  WORK  CLOSELY,  CONSULT
 AND  COOPERATE WITH LOCAL ELECTED OFFICIALS AND COMMUNITY LEADERS AT THE
 EARLIEST PRACTICABLE TIME. THE CORPORATION SHALL GIVE PRIMARY  CONSIDER-
 ATION  TO  LOCAL NEEDS AND DESIRES AND SHALL FOSTER LOCAL INITIATIVE AND
 PARTICIPATION IN CONNECTION WITH THE PLANNING  AND  DEVELOPMENT  OF  ITS
 PROJECTS.  CONSIDERATION SHALL ALSO BE GIVEN TO LOCAL AND REGIONAL GOALS
 AND  POLICIES FOR THE CREATION OF LOW, MODERATE, AND MIDDLE-INCOME HOUS-
 ING.
 S. 8306--B                         159
 
   (A) THERE SHALL BE WRITTEN NOTIFICATION TO ALL STATE AND  LOCAL  OFFI-
 CIALS WHOSE JURISDICTIONS INCLUDE THE PROJECT SITE WITHIN THIRTY DAYS OF
 A PROPOSAL BEING SELECTED.
   (B)  THE  COMMISSIONER SHALL MAKE THEMSELVES AVAILABLE FOR A PERIOD OF
 NO FEWER THAN THIRTY DAYS AFTER THE DISPATCH OF WRITTEN NOTIFICATION  IN
 ORDER  TO BRIEF STATE AND LOCAL OFFICIALS ABOUT THE PROPOSED SITE AND TO
 COLLECT FEEDBACK ABOUT THE SITE. 
   2. BEFORE COMMENCING THE  ACQUISITION,  CONSTRUCTION,  RECONSTRUCTION,
 REHABILITATION, ALTERATION OR IMPROVEMENT OF ANY PROJECT:
   (A) THE CORPORATION MUST FILE A COPY OF THE PROJECT PLAN IN ITS CORPO-
 RATE OFFICES AND IN THE OFFICE OF THE CLERK OF ANY MUNICIPALITY IN WHICH
 THE PROJECT IS TO BE LOCATED.
   (B) UPON REQUEST, ANY OTHER PERSON SHALL BE FURNISHED WITH A DIGEST OF
 SUCH PLAN;
   (C)  THE  CORPORATION  SHALL:  (I) PUBLISH IN ONE NEWSPAPER OF GENERAL
 CIRCULATION WITHIN THE MUNICIPALITY, (II) PROVIDE TO THE CHIEF EXECUTIVE
 OFFICER OF THE MUNICIPALITY WITHIN WHICH THE  PROJECT  IS  LOCATED,  AND
 (III) IN ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE, PROVIDE TO
 ANY  COMMUNITY BOARD IN WHICH THE PROJECT WILL BE LOCATED, A NOTICE THAT
 SUCH PLAN WILL BE FILED UPON ITS ADOPTION BY THE  CORPORATION  AND  THAT
 DIGESTS  THEREOF WILL BE AVAILABLE, WHICH NOTICE SHALL ALSO STATE THAT A
 PUBLIC HEARING WILL BE HELD TO CONSIDER THE PLAN AT A SPECIFIED TIME AND
 PLACE ON A DATE NOT LESS THAN TEN DAYS AFTER SUCH PUBLICATION.
   (D) THE CORPORATION SHALL CONDUCT A PUBLIC HEARING  PURSUANT  TO  SUCH
 NOTICE,  PROVIDED  THAT  SUCH PUBLIC HEARING SHALL NOT TAKE PLACE BEFORE
 THE ADOPTION OR THE FILING OF SUCH PLAN BY THE CORPORATION.
   (E) UPON A WRITTEN FINDING OF  THE  CORPORATION  THAT  NO  SUBSTANTIVE
 NEGATIVE  TESTIMONY OR COMMENT HAS BEEN RECEIVED AT SUCH PUBLIC HEARING,
 SUCH PLAN  SHALL  BE  EFFECTIVE  AT  THE  CONCLUSION  OF  SUCH  HEARING;
 PROVIDED, HOWEVER, THAT IF ANY SUBSTANTIVE NEGATIVE TESTIMONY OR COMMENT
 IS  RECEIVED  AT  SUCH  PUBLIC  HEARING,  THE CORPORATION MAY, AFTER DUE
 CONSIDERATION OF SUCH TESTIMONY AND COMMENT, AFFIRM, MODIFY OR  WITHDRAW
 THE  PLAN  IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN IN
 PARAGRAPH (A) OF THIS SUBDIVISION.
   3. AFTER CONSULTATION WITH LOCAL OFFICIALS, AS PROVIDED IN SUBDIVISION
 ONE OF THIS SECTION, THE CORPORATION AND ANY SUBSIDIARY  THEREOF  SHALL,
 IN  CONSTRUCTING,  RECONSTRUCTING, REHABILITATING, ALTERING OR IMPROVING
 ANY PROJECT, COMPLY WITH THE REQUIREMENTS  OF  LOCAL  LAWS,  ORDINANCES,
 CODES,  CHARTERS  OR REGULATIONS APPLICABLE TO SUCH CONSTRUCTION, RECON-
 STRUCTION, REHABILITATION, ALTERATION OR IMPROVEMENT, PROVIDED  HOWEVER,
 THAT  WHEN, IN THE DISCRETION OF THE CORPORATION, SUCH COMPLIANCE IS NOT
 FEASIBLE OR PRACTICABLE, THE  CORPORATION  AND  ANY  SUBSIDIARY  THEREOF
 SHALL  COMPLY  WITH  THE REQUIREMENTS OF THE STATE BUILDING CONSTRUCTION
 CODE, FORMULATED BY THE STATE BUILDING CODE COUNCIL PURSUANT TO  ARTICLE
 EIGHTEEN  OF  THE EXECUTIVE LAW, APPLICABLE TO SUCH CONSTRUCTION, RECON-
 STRUCTION, REHABILITATION, ALTERATION OR IMPROVEMENT. IN  THOSE  CIRCUM-
 STANCES  WHERE,  IN  THE  DISCRETION OF THE CORPORATION, SUCH COMPLIANCE
 WITH LOCAL LAWS, ORDINANCES,  CODES,  CHARTERS  OR  REGULATIONS  IS  NOT
 FEASIBLE  OR  PRACTICABLE  THE  REQUIREMENTS  OF SUBDIVISION TWO OF THIS
 SECTION SHALL BE COMPLIED WITH; PROVIDED, HOWEVER, THAT (A)  THE  CORPO-
 RATION  SHALL  PROVIDE A COPY OF THE PLAN TO THE CHIEF EXECUTIVE OFFICER
 OF ANY MUNICIPALITY WITHIN WHICH THE  PROJECT  IS  TO  BE  LOCATED,  THE
 CHAIRPERSON  OF  THE  PLANNING  BOARD  OR COMMISSION OF ANY SUCH MUNICI-
 PALITY, OR IF THERE IS NO PLANNING BOARD OR COMMISSION, TO THE PRESIDING
 OFFICER OF THE LOCAL GOVERNING BODY AND IN ANY CITY HAVING A  POPULATION
 OF  ONE  MILLION OR MORE, TO ANY COMMUNITY BOARD IN WHICH THE PROJECT IS
 S. 8306--B                         160
 
 LOCATED, AND THE PUBLIC HEARING TO CONSIDER THE PLAN  REQUIRED  PURSUANT
 THERETO  SHALL  BE  HELD ON THIRTY DAYS NOTICE FOLLOWING ADOPTION OF THE
 PLAN BY THE CORPORATION; (B) ANY PERSON SHALL HAVE  THE  OPPORTUNITY  TO
 PRESENT WRITTEN COMMENTS ON THE PLAN WITHIN THIRTY DAYS AFTER THE PUBLIC
 HEARING; (C) ANY MUNICIPALITY WITHIN WHICH THE PROJECT IS TO BE LOCATED,
 BY  MAJORITY  VOTE  OF ITS PLANNING BOARD OR COMMISSION, OR IN THE EVENT
 THERE IS NO PLANNING BOARD OR COMMISSION, BY MAJORITY VOTE OF ITS  LOCAL
 GOVERNING  BODY,  MAY RECOMMEND APPROVAL, DISAPPROVAL OR MODIFICATION OF
 THE PLAN, WHICH RECOMMENDATION SHALL BE  SUBMITTED  IN  WRITING  TO  THE
 CORPORATION  WITHIN  THIRTY  DAYS  AFTER SUCH HEARING; AND (D) AFTER DUE
 CONSIDERATION OF SUCH TESTIMONY AND COMMENTS AND  MUNICIPAL  RECOMMENDA-
 TIONS,  IF  ANY, THE CORPORATION MAY AFFIRM, MODIFY OR WITHDRAW THE PLAN
 IN THE MANNER PROVIDED FOR THE INITIAL FILING OF SUCH PLAN IN  PARAGRAPH
 (A)  OF  SUBDIVISION  TWO OF THIS SECTION, PROVIDED, HOWEVER THAT IN THE
 EVENT ANY SUCH MUNICIPALITY HAS RECOMMENDED DISAPPROVAL OR  MODIFICATION
 OF  THE  PLAN,  AS  PROVIDED HEREIN, THE CORPORATION MAY AFFIRM THE PLAN
 ONLY BY A VOTE OF TWO-THIRDS OF THE DIRECTORS THEREOF THEN IN OFFICE. NO
 MUNICIPALITY SHALL HAVE POWER TO MODIFY OR CHANGE THE DRAWINGS, PLANS OR
 SPECIFICATIONS FOR  THE  CONSTRUCTION,  RECONSTRUCTION,  REHABILITATION,
 ALTERATION  OR  IMPROVEMENT  OF ANY PROJECT OF THE CORPORATION OR OF ANY
 SUBSIDIARY THEREOF, OR THE CONSTRUCTION, PLUMBING, HEATING, LIGHTING  OR
 OTHER  MECHANICAL BRANCH OF WORK NECESSARY TO COMPLETE THE WORK IN QUES-
 TION, NOR TO REQUIRE THAT ANY PERSON, FIRM OR  CORPORATION  EMPLOYED  ON
 ANY  SUCH  WORK  SHALL  PERFORM  ANY SUCH WORK IN ANY OTHER OR DIFFERENT
 MANNER THAN THAT PROVIDED BY  SUCH  PLANS  AND  SPECIFICATIONS,  NOR  TO
 REQUIRE  THAT  ANY  SUCH PERSON, FIRM OR CORPORATION OBTAIN ANY OTHER OR
 ADDITIONAL AUTHORITY, APPROVAL, PERMIT OR CERTIFICATE FROM SUCH  MUNICI-
 PALITY  IN  RELATION  TO  THE WORK BEING DONE, AND THE DOING OF ANY SUCH
 WORK BY ANY PERSON, FIRM OR CORPORATION IN ACCORDANCE WITH THE TERMS  OF
 SUCH DRAWINGS, PLANS, SPECIFICATIONS OR CONTRACTS SHALL NOT SUBJECT SAID
 PERSON, FIRM OR CORPORATION TO ANY LIABILITY OR PENALTY, CIVIL OR CRIMI-
 NAL,  OTHER THAN AS MAY BE STATED IN SUCH CONTRACTS OR INCIDENTAL TO THE
 PROPER ENFORCEMENT THEREOF; NOR SHALL ANY  MUNICIPALITY  HAVE  POWER  TO
 REQUIRE  THE  CORPORATION OR ANY SUBSIDIARY THEREOF, OR LESSEE THEREFROM
 OR SUCCESSOR IN INTEREST THERETO, TO  OBTAIN  ANY  OTHER  OR  ADDITIONAL
 AUTHORITY,  APPROVAL,  PERMIT,  CERTIFICATE  OR CERTIFICATE OF OCCUPANCY
 FROM SUCH MUNICIPALITY AS A CONDITION  OF  OWNING,  USING,  MAINTAINING,
 OPERATING OR OCCUPYING ANY PROJECT ACQUIRED, CONSTRUCTED, RECONSTRUCTED,
 REHABILITATED,  ALTERED OR IMPROVED BY THE CORPORATION OR BY ANY SUBSID-
 IARY THEREOF. THE FOREGOING PROVISIONS SHALL NOT  PRECLUDE  ANY  MUNICI-
 PALITY  FROM  EXERCISING  THE  RIGHT  OF  INSPECTION  FOR THE PURPOSE OF
 REQUIRING COMPLIANCE BY ANY SUCH PROJECT  WITH  LOCAL  REQUIREMENTS  FOR
 OPERATION  AND  MAINTENANCE, AFFECTING THE HEALTH, SAFETY AND WELFARE OF
 THE OCCUPANTS THEREOF, PROVIDED, HOWEVER, THAT SUCH COMPLIANCE DOES  NOT
 REQUIRE CHANGES, MODIFICATIONS OR ADDITIONS TO THE ORIGINAL CONSTRUCTION
 OF SUCH PROJECT.
   §  1290. COMPLIANCE  WITH BUILDING CODES AND ENVIRONMENTAL REVIEW, AND
 LOCAL ORDINANCES. 1. PROJECTS  COMPLETED  PURSUANT  TO  THIS  ACT  SHALL
 CONFORM TO THE STATE UNIFORM FIRE PREVENTION AND BUILDING CODE AND ENER-
 GY  CONSERVATION CODE PURSUANT TO ARTICLE EIGHTEEN OF THE EXECUTIVE LAW,
 UNLESS SUCH COMPLIANCE CONFLICTS WITH THE MUNICIPAL CODE  IN  WHICH  THE
 PROJECT IS LOCATED.
   2. IN A CITY, TOWN, OR VILLAGE WITH A POPULATION OF UNDER ONE MILLION,
 NO  PROJECT  SHALL  EXCEED FIFTY-FIVE FEET IN HEIGHT EXCEPT AS OTHERWISE
 PERMITTED BY LOCAL LAW.
 S. 8306--B                         161
 
   3. ANY PROPOSED DEVELOPMENT ON  PREVIOUSLY  DISTURBED  LAND  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
   (I) HAVE FEWER THAN TEN TOTAL RESIDENTIAL UNITS OR TEN THOUSAND SQUARE
 FEET OF FLOOR AREA, WHICHEVER IS GREATER, A MAXIMUM OF TWENTY PERCENT OF
 WHICH  MAY  CONSIST OF COMMERCIAL OR COMMUNITY FACILITY USES, IN MUNICI-
 PALITIES THAT HAVE NOT ADOPTED ZONING OR SUBDIVISION REGULATIONS;
   (II) HAVE FEWER THAN FIFTY TOTAL RESIDENTIAL UNITS OR  FIFTY  THOUSAND
 SQUARE  FEET  OF  FLOOR  AREA, WHICHEVER IS GREATER, A MAXIMUM OF TWENTY
 PERCENT OF WHICH MAY CONSIST OF COMMERCIAL OR COMMUNITY  FACILITY  USES,
 NOT TO BE CONNECTED AT THE COMMENCEMENT OF HABITATION TO EXISTING COMMU-
 NITY  OR  PUBLIC  WATER  AND SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT
 WORKS;
   (III) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF NINETY  THOU-
 SAND  PERSONS OR LESS, FEWER THAN TWO HUNDRED TOTAL RESIDENTIAL UNITS OR
 TWO HUNDRED THOUSAND SQUARE FEET OF FLOOR AREA, WHICHEVER IS GREATER,  A
 MAXIMUM OF TWENTY PERCENT OF WHICH MAY CONSIST OF COMMERCIAL OR COMMUNI-
 TY  FACILITY  USES, TO BE CONNECTED AT THE COMMENCEMENT OF HABITATION TO
 EXISTING COMMUNITY OR PUBLIC WATER AND SEWERAGE SYSTEMS INCLUDING SEWAGE
 TREATMENT WORKS;
   (IV) IN A CITY, TOWN, OR VILLAGE HAVING A POPULATION OF  GREATER  THAN
 NINETY THOUSAND BUT LESS THAN ONE MILLION, FEWER THAN FIVE HUNDRED TOTAL
 RESIDENTIAL  UNITS,  OR FIVE HUNDRED THOUSAND SQUARE FEET OF FLOOR AREA,
 WHICHEVER IS GREATER, A MAXIMUM OF TWENTY PERCENT OF WHICH  MAY  CONSIST
 OF  COMMERCIAL  OR  COMMUNITY  FACILITY  USES,  TO  BE  CONNECTED AT THE
 COMMENCEMENT OF HABITATION TO EXISTING COMMUNITY  OR  PUBLIC  WATER  AND
 SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; OR
   (V)  IN  A  CITY  HAVING  A POPULATION OF ONE MILLION OR MORE PERSONS,
 FEWER THAN ONE THOUSAND TOTAL RESIDENTIAL UNITS, OR ONE  MILLION  SQUARE
 FEET  OF  FLOOR  AREA,  WHICHEVER  IS  GREATER,  TO  BE CONNECTED AT THE
 COMMENCEMENT OF HABITATION TO EXISTING COMMUNITY  OR  PUBLIC  WATER  AND
 SEWERAGE SYSTEMS INCLUDING SEWAGE TREATMENT WORKS; 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;
 AND
   (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.
   4.  A COURT SHALL NOT INTERVENE WITH AN ENVIRONMENTAL REVIEW CONDUCTED
 PURSUANT TO THIS ARTICLE OR RULES  OR  REGULATIONS  PROMULGATED  THERETO
 S. 8306--B                         162
 
 UNLESS  THERE  IS  SUBSTANTIAL INFORMATION MISSING THAT IS NECESSARY AND
 MATERIAL TO THE DECISION MAKERS' REVIEW.
   5. UNLESS SPECIFICALLY SET FORTH BY THIS SECTION, 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.
   §  1291. RENTAL  AND  OWNERSHIP  PROJECT REQUIREMENTS. 1. (A) A LESSEE
 MAY, WITH THE APPROVAL OF THE  COMMISSIONER,  AS  APPLICABLE,  ESTABLISH
 MAXIMUM RENTAL RATES PER UNIT SIZE THAT CAN BE CHARGED TO TENANTS OF THE
 DWELLINGS.  THE  AVERAGE  RENTAL  RATES FOR ALL DWELLINGS IN ANY PROJECT
 SHALL NOT EXCEED THE MAXIMUM AVERAGE  RENTAL  RATES  DETERMINED  BY  THE
 COMMISSIONER,  AS APPLICABLE, PRIOR TO THE LESSEE MAKING ANY COMMITMENTS
 FOR THE CONSTRUCTION OF THE PROJECT.
   (B) THE COMMISSIONER, UPON THE  COMMISSIONER'S  OWN  MOTION,  OR  UPON
 APPLICATION  BY  THE LESSEE, MAY VARY SUCH RENTAL RATE FROM TIME TO TIME
 SO AS TO SECURE, TOGETHER WITH ALL OTHER INCOME OF  THE  LESSEE,  SUFFI-
 CIENT  INCOME  FOR  IT  TO  MEET  WITHIN REASONABLE LIMITS ALL NECESSARY
 PAYMENTS TO BE MADE OR PROJECTED TO BE MADE DURING THE TERM OF  A  LEASE
 BY  THE  SAID  LESSEE,  OF ALL EXPENSES INCLUDING FIXED CHARGES, SINKING
 FUNDS, RESERVES AND DIVIDENDS ON OUTSTANDING STOCK AS AUTHORIZED BY  THE
 COMMISSIONER,  AS  THE CASE MAY BE. LETTING, SUBLETTING OR ASSIGNMENT OF
 LEASES OF APARTMENTS AT GREATER  RENTALS  THAN  THOSE  APPROVED  BY  THE
 COMMISSIONER  SHALL  BE UNLAWFUL. WHERE THE MORTGAGE LOAN OF A LESSEE IS
 INSURED OR HELD BY THE FEDERAL GOVERNMENT OR WHERE A PROJECT IS OWNED BY
 THE FEDERAL GOVERNMENT, RENTAL RATES SHALL BE VARIED WITHOUT  REGARD  TO
 THE  PROVISIONS  OF ANY GENERAL, SPECIAL OR LOCAL LAW WHICH WOULD OTHER-
 WISE LIMIT OR CONTROL SUCH RENTAL RATES OR THE  DETERMINATION  OR  VARI-
 ATION  THEREOF  FOR SO LONG AS SUCH MORTGAGE LOAN REMAINS OUTSTANDING OR
 THE PROJECT FINANCED BY SUCH A MORTGAGE LOAN IS  OWNED  BY  THE  FEDERAL
 GOVERNMENT.  NO  VARIATION  OF  A RENTAL RATE IN A PROJECT FINANCED BY A
 MORTGAGE LOAN INSURED OR HELD BY OR  OWNED  BY  THE  FEDERAL  GOVERNMENT
 SHALL BE EFFECTIVE UNLESS APPROVED BY THE FEDERAL GOVERNMENT.
   (C)  UNLESS  ANY APPLICABLE REGULATION OF OR REGULATORY AGREEMENT WITH
 THE FEDERAL GOVERNMENT SHALL OTHERWISE PROVIDE, (I) THE RENTAL RATES  TO
 BE CHARGED UNDER ANY SUCH LEASE SHALL BE ESTABLISHED AFTER CONSIDERATION
 OF  THE  TERM  OF  SUCH LEASE AND MAY DIFFER FROM THE RENTAL RATES TO BE
 CHARGED UNDER ANY OTHER LEASE OF A DIFFERENT TERM AND (II)  THE  COMMIS-
 SIONER,  AS  THE  CASE  MAY  BE, SHALL IN ESTABLISHING SUCH RENTAL RATES
 CONSIDER THE OBLIGATIONS OF THE LESSEE UNDER ANY INSTRUMENTS  EVIDENCING
 OR  SECURING  ANY  RESIDUAL  INDEBTEDNESS.  SUCH  LEASES SHALL CONTAIN A
 PROVISION AUTHORIZING THE VARIATION OF THE RENTAL RATES DURING THE  TERM
 OF SUCH LEASES.
   (D)  THE COMMISSIONER OR ADMINISTRATOR, AS THE CASE MAY BE, SHALL MAKE
 AVAILABLE FOR INSPECTION AND COPYING BY THE RESIDENTS  IN  ANY  AFFECTED
 DEVELOPMENT,  ALL  ITEMS  AND  DATA  AND RECOMMENDATIONS UTILIZED AS THE
 VARIOUS BASIS FOR THE DECISION ON INCREASES IN RENTAL OR CARRYING CHARG-
 ES UPON REQUEST OF THE RESIDENTS.
   2. THE DWELLING IN A PROJECT CREATED PURSUANT TO THIS ARTICLE SHALL BE
 AFFORDABLE TO AND RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES
 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED SIXTY-FIVE PERCENT OF
 THE  AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH
 HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   3. (A) PREFERENCE IN ADMISSION TO A PROJECT WITH AN OPEN WAITING LIST,
 AS DETERMINED BY THE COMMISSIONER, SHALL BE  GIVEN  TO  PERSONS  IN  THE
 FOLLOWING MANNER:
   (I)  FIRST  PRIORITY  SHALL  BE  TO  VETERANS  OR SURVIVING SPOUSES OF
 PERSONS WHO ARE VETERANS AS SUCH TERM IS  DEFINED  PURSUANT  TO  SECTION
 S. 8306--B                         163
 
 EIGHTY-FIVE  OF  THE  CIVIL SERVICE LAW, HOMELESS FAMILIES WITH CHILDREN
 REFERRED BY A MUNICIPAL ENTITY OR AGENCY CHARGED WITH THE  PROVISION  OF
 HOMELESS  SERVICES, OR HOMELESS APPLICANTS REFERRED BY HIV/AIDS SERVICES
 ADMINISTRATION;
   (II)  SECOND  PRIORITY  SHALL BE TO AN APPLICANT WHO DEMONSTRATES THEY
 ARE A VICTIM OF DOMESTIC VIOLENCE;
   (III) THIRD PRIORITY SHALL BE TO APPLICANTS LISTED ON THE WAITING LIST
 FOR THE MITCHELL-LAMA PROGRAM PURSUANT TO ARTICLE TWO  OF  THIS  CHAPTER
 FOR  NO  LESS THAN FIVE YEARS PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN-
 TY-FIVE; AND
   (IV) FOURTH PRIORITY SHALL BE TO APPLICANTS ON WAITING LISTS  BY  UNIT
 SIZE  IN STRICT CHRONOLOGICAL ORDER BY DATE OF RECEIPT OF APPLICATION OR
 ORDER OF SELECTION BY LOTTERY, AT THE DISCRETION OF THE COMMISSIONER.
   (B) IN ADDITION TO ANY OTHER APPLICABLE PRIORITY, PREFERENCE IN ADMIS-
 SION TO ANY PROJECT OR TO SUCH PORTION OF ANY  PROJECT  WHICH  HAS  BEEN
 SPECIFICALLY  DESIGNED  FOR  OCCUPANCY  BY  A SENIOR CITIZEN OR DISABLED
 PERSONS, AS THE CASE MAY BE, SHALL BE GIVEN TO SUCH ELIGIBLE APPLICANTS.
   (C) APPLICANTS WHO ARE RESIDENTS OF THE APPLICABLE COUNTY WHEREIN  THE
 RESPECTIVE  PROPERTY  IS LOCATED FOR NO LESS THAN ONE YEAR SHALL RECEIVE
 PRIORITY ABOVE APPLICANTS WHO DO NOT RESIDE IN SUCH COUNTY OR  HAVE  NOT
 MET  THE DURATIONAL RESIDENCY REQUIREMENT, EXCEPT WHERE SUBPARAGRAPH (I)
 OF PARAGRAPH (A) OF THIS SUBDIVISION APPLIES.
   (D) PREFERENCE IN ADMISSION SHALL ONLY BE PROVIDED TO ELIGIBLE  APPLI-
 CANTS  WHOSE  NAMES  APPEAR  ON  THE  WAITING  LIST AS THE APPLICANTS OF
 RECORD. NO PREFERENCE ELIGIBLE APPLICANT SHALL BE  ENTITLED  TO  BENEFIT
 FROM A PREFERENCE FOR ADMISSION PURSUANT TO THIS PARAGRAPH MORE THAN ONE
 TIME.
   4.  THE  COMMISSIONER SHALL DEVELOP A WRITTEN PROCEDURE WITH REGARD TO
 HOW APPLICATIONS FOR ADMISSION TO A HOUSING  DEVELOPMENT  ARE  PROCESSED
 AND  NUMBERED,  AND  HOW TENANTS ARE SELECTED.   SUCH PROCEDURE SHALL BE
 IMPLEMENTED AND FOLLOWED BY ALL LESSEES OR HOUSING CORPORATIONS  SUBJECT
 TO THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER, THAT ANY LESSEE OR
 HOUSING  CORPORATION  MAY  ELECT  ADDITIONAL  PROCEDURES SO LONG AS SUCH
 PROCEDURES ARE NOT INCONSISTENT WITH THE  PROCEDURES  DEVELOPED  BY  THE
 COMMISSIONER AND ANY OTHER REQUIREMENTS SET FORTH IN THIS ARTICLE.
   5.  THE  COMMISSIONER SHALL DEVELOP A PROCEDURE WHEREBY APPLICANTS ARE
 NOTIFIED IN THE CASE THAT THEIR APPLICATION IS REJECTED BY A  LESSEE  OR
 HOUSING  CORPORATION SUBJECT TO THE PROVISIONS OF THIS ARTICLE, AND SUCH
 PROCEDURE SHALL ALSO  INCLUDE  THE  APPEALS  PROCESS  AVAILABLE  TO  THE
 REJECTED APPLICANT. THE NOTIFICATION THAT SHALL BE SENT TO THE APPLICANT
 SHALL  BE  IN  WRITTEN  FORM,  INCLUDE  REASONS  WHY  THE  APPLICANT WAS
 REJECTED, THE APPEAL'S PROCESS, AND BE  SENT  TO  THE  APPLICANT  WITHIN
 SIXTY  DAYS  AFTER THE LESSEE OR HOUSING CORPORATION REJECTS SUCH APPLI-
 CANT. ANY LESSEE OR HOUSING CORPORATION MAY ELECT TO INCLUDE  ADDITIONAL
 PROCEDURES  SO  LONG  AS  SUCH  PROCEDURES ARE NOT INCONSISTENT WITH THE
 PROCEDURES DEVELOPED BY THE COMMISSIONER AND ANY OTHER REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE. FOR PURPOSES OF THIS SUBDIVISION, AN APPLICANT
 SHALL NOT BE DEEMED REJECTED IF THEIR APPLICATION IS STILL ACTIVE ON THE
 RENTAL OR OWNERSHIP PROJECT WAITING LIST AND SUCH WAITING LIST IS  STILL
 OPEN AND ACCEPTING APPLICATIONS.
   6.  THE  COMMISSIONER  SHALL DEVELOP AND REQUIRE THE USE OF A PUBLICLY
 AVAILABLE ELECTRONIC AUTOMATED SYSTEM  FOR  LESSEES  OR  HOUSING  CORPO-
 RATIONS  TO STORE, PROCESS, AND MAINTAIN APPLICATIONS AND WAITING LISTS.
 WAITING LISTS MAINTAINED BY THE MANAGING AGENT OF  A  DEVELOPMENT  SHALL
 USE  A  METHOD  THAT PROTECTS ANY PERSONALLY IDENTIFIABLE INFORMATION OF
 APPLICANTS FROM BEING PUBLICLY DISCLOSED OR ACCESSIBLE  TO  THE  PUBLIC.
 S. 8306--B                         164
 
 SUCH  ELECTRONIC AUTOMATED SYSTEM SHALL ALSO INCLUDE GENERAL INFORMATION
 ABOUT EACH RENTAL OR OWNERSHIP DEVELOPMENT, INCLUDING, BUT  NOT  LIMITED
 TO:  THE  NAME AND ADDRESS OF THE DEVELOPMENT; THE MANAGEMENT OFFICE AND
 ADDRESS; THE NUMBER AND SIZE OF ALL UNITS IN EACH BUILDING; AND INFORMA-
 TION ON THE STATUS OF EACH WAITING LIST, INCLUDING WHETHER THE RENTAL OR
 OWNERSHIP  DEVELOPMENT  IS CURRENTLY ACCEPTING APPLICATIONS AND HOW LONG
 APPLICANTS MAY HAVE TO WAIT.
   § 1292. SUPERVISION AND REGULATION. THE COMMISSIONER MAY:
   1. EXAMINE A LESSEE AND KEEP INFORMED AS TO ITS GENERAL CONDITION, ITS
 CAPITALIZATION AND THE MANNER IN WHICH A RENTAL OR OWNERSHIP PROJECT  IS
 CONSTRUCTED,  ACQUIRED,  REHABILITATED, LEASED, OPERATED OR MANAGED, AND
 TO ITS COMPLIANCE WITH ALL PROVISIONS OF LAW AND ORDERS OF  THE  COMMIS-
 SIONER.
   2.  REQUIRE EVERY LESSEE TO FILE WITH THE APPROPRIATE AGENCY AS DETER-
 MINED BY THE COMMISSIONER, AN ANNUAL REPORT SETTING FORTH SUCH  INFORMA-
 TION  AS THE COMMISSIONER MAY REQUIRE, VERIFIED BY THE OATH OF ANY OFFI-
 CER, GENERAL MANAGER OR OTHER PERSON IN  CONTROL  OF  THE  LESSEE.  SUCH
 REPORT  SHALL  BE  IN  A FORM, COVER A PERIOD, AND BE FILED AT A TIME AS
 PRESCRIBED BY THE COMMISSIONER.
   3. FROM TIME TO TIME MAKE, AMEND AND REPEAL  SUPPLEMENTARY  RULES  AND
 REGULATIONS  FOR  CARRYING  INTO  EFFECT  THE PROVISIONS OF THIS ARTICLE
 PROVIDED, HOWEVER, THAT SUCH SUPPLEMENTARY RULES AND  REGULATIONS  SHALL
 BE  STRICTLY  LIMITED  IN  THEIR APPLICATION TO THE MEANS AND METHODS OF
 COMPLIANCE WITH THE PROVISIONS OF  THIS  ARTICLE  TO  WHICH  SUCH  POWER
 RELATES.
   4. MAKE SUCH AGREEMENTS WITH BONDHOLDERS, MORTGAGEES OR CREDITORS OF A
 LESSEE  TO  DO  OR  REFRAIN  FROM  DOING ANY UNLAWFUL ACT TO PROTECT THE
 INVESTMENT RIGHTS OF THE STATE OF NEW YORK,  THE  DIVISION,  OR  OF  THE
 MUNICIPALITY.
   5.  (A)  ADMINISTER  OATHS,  TAKE  AFFIDAVITS, HEAR TESTIMONY AND TAKE
 PROOF UNDER OATH AT PUBLIC OR PRIVATE HEARINGS; (B) SUBPOENA AND REQUIRE
 THE ATTENDANCE OF WITNESSES AND  THE  PRODUCTION  OF  BOOKS  AND  PAPERS
 PERTAINING  TO ANY INVESTIGATIONS AND INQUIRIES AUTHORIZED BY THIS ARTI-
 CLE AND EXAMINE THEM IN RELATION TO  ANY  MATTER  CONCERNING  WHICH  THE
 POWER  TO INVESTIGATE IS GRANTED; (C) ISSUE COMMISSIONS FOR THE EXAMINA-
 TION OF WITNESSES WHO ARE OUT OF THE STATE OR UNABLE TO  ATTEND  OR  ARE
 EXCUSED  FROM  ATTENDANCE;  (D) INVESTIGATE INTO THE AFFAIRS OF A LESSEE
 AND INTO THE DEALINGS, TRANSACTIONS OR RELATIONSHIPS OF SUCH LESSEE WITH
 THIRD PERSONS AND INTO THE AFFAIRS OF ANY PERSON, FIRM,  CORPORATION  OR
 OTHER ENTITY HAVING A FINANCIAL INTEREST, WHETHER DIRECT OR INDIRECT, IN
 THE  DESIGN,  CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION,
 IMPROVEMENT, FINANCING OR OPERATION  OF  ANY  PROJECT  UNDERTAKEN  BY  A
 LESSEE; (E) INTERVENE, AS A MATTER OF RIGHT, IN ANY ACTION OR PROCEEDING
 OF  WHICH  NOTICE  SHALL BE GIVEN AFFECTING THE PROJECT OF A LESSEE; AND
 (F) TAKE SUCH STEPS IN SUCH ACTION OR PROCEEDING AS MAY BE NECESSARY  TO
 PROTECT THE PUBLIC INTEREST.
   6.  WITH  REGARD TO DUTIES AND LIABILITIES ARISING OUT OF THIS ARTICLE
 THE STATE, THE COMMISSIONER MAY BE SUED IN THE SAME MANNER AS A  PRIVATE
 PERSON. NO COSTS SHALL BE AWARDED AGAINST THE COMMISSIONER OR THE STATE,
 AS THE CASE MAY BE, IN ANY SUCH LITIGATION.
   7.  WHENEVER  THE COMMISSIONER, IN THE CASE OF A LESSEE UNDERTAKING OR
 OTHERWISE OPERATING A STATE-AIDED PROJECT, SHALL BE OF THE OPINION  THAT
 SUCH  LESSEE  IS  FAILING OR OMITTING, OR IS ABOUT TO FAIL OR OMIT TO DO
 ANYTHING REQUIRED OF IT BY LAW OR BY ORDER OF  THE  COMMISSIONER  OR  IS
 DOING OR IS ABOUT TO DO ANYTHING, OR PERMITTING ANYTHING, OR IS ABOUT TO
 PERMIT  ANYTHING  TO  BE DONE, CONTRARY TO AND IN VIOLATION OF LAW OR OF
 S. 8306--B                         165
 
 ANY ORDER, REGULATION OR DIRECTIVE OF THE COMMISSIONER, AS THE CASE  MAY
 BE,  OR  WHICH  IS  IMPROVIDENT  OR  PREJUDICIAL  TO THE INTEREST OF THE
 PUBLIC, THE LIENHOLDERS, THE STOCKHOLDERS, OR THE TENANTS,  THE  COMMIS-
 SIONER,  AS  THE CASE MAY BE, MAY, IN ADDITION TO SUCH OTHER REMEDIES AS
 MAY BE AVAILABLE, COMMENCE AN ACTION OR PROCEEDING IN THE SUPREME  COURT
 OF  THE  STATE  OF NEW YORK IN THE NAME OF THE COMMISSIONER, AS THE CASE
 MAY BE,  FOR  THE  PURPOSE  OF  HAVING  SUCH  VIOLATIONS  OR  THREATENED
 VIOLATIONS  STOPPED  AND PREVENTED, AND IN SUCH ACTION OR PROCEEDING THE
 COURT MAY APPOINT A TEMPORARY OR PERMANENT RECEIVER OR BOTH. SUCH ACTION
 OR PROCEEDING SHALL BE COMMENCED BY A PETITION  TO  THE  SUPREME  COURT,
 ALLEGING THE VIOLATION COMPLAINED OF AND PRAYING FOR APPROPRIATE RELIEF.
 IT  SHALL  THEREUPON  BE  THE DUTY OF THE COURT TO SPECIFY THE TIME, NOT
 EXCEEDING TWENTY DAYS AFTER SERVICE OF A COPY OF  THE  PETITION,  WITHIN
 WHICH  THE LESSEE COMPLAINED OF MUST ANSWER THE PETITION. IN CASE OF ANY
 DEFAULT OR AFTER ANSWER THE COURT SHALL  IMMEDIATELY  INQUIRE  INTO  THE
 FACTS AND CIRCUMSTANCES IN SUCH MANNER AS THE COURT SHALL DIRECT WITHOUT
 OTHER OR FORMAL PLEADINGS, AND WITHOUT RESPECT TO ANY TECHNICAL REQUIRE-
 MENTS.  SUCH OTHER PERSONS OR CORPORATIONS AS IT SHALL SEEM TO THE COURT
 NECESSARY OR PROPER TO JOIN AS PARTIES IN ORDER TO  MAKE  ITS  ORDER  OR
 JUDGMENT  EFFECTIVE, MAY BE JOINED AS PARTIES. THE FINAL JUDGMENT IN ANY
 SUCH ACTION OR PROCEEDING SHALL EITHER DISMISS THE ACTION OR  PROCEEDING
 OR DIRECT THAT AN ORDER OR AN INJUNCTION, OR BOTH, ISSUE, OR PROVIDE FOR
 THE  APPOINTMENT  OF A RECEIVER AS PRAYED FOR IN THE PETITION, AND GRANT
 SUCH OTHER RELIEF AS THE COURT MAY DEEM APPROPRIATE.
   8. THE COMMISSIONER MAY MODIFY SUPERVISION  OF  A  LESSEE  OR  HOUSING
 CORPORATION  UPON  FINDING  THAT  DUPLICATIVE  SUPERVISORY FUNCTIONS MAY
 IMPOSE AN UNDUE REGULATORY BURDEN OR UNNECESSARY EXPENDITURE  OF  AGENCY
 RESOURCES,  BY  TAKING SUCH ACTIONS AS ARE DEEMED APPROPRIATE, INCLUDING
 CONSOLIDATING SUPERVISORY FUNCTIONS ASSOCIATED WITH DIFFERENT  PROGRAMS,
 AND ENTERING INTO MEMORANDA OF UNDERSTANDING WITH OTHER AGENCIES FOR THE
 ALLOCATION OF SUPERVISORY FUNCTIONS.
   9.  PROMULGATE  REGULATIONS  PROVIDING FOR RECOGNITION OF DULY CONSTI-
 TUTED TENANTS' ASSOCIATIONS AND COOPERATORS' ADVISORY  COUNCILS  BY  THE
 COMMISSIONER  AND  PROVIDING  THAT A LESSEE OR HOUSING CORPORATION SHALL
 MEET ON A REGULAR BASIS WITH REPRESENTATIVES OF SUCH AN  ASSOCIATION  OR
 COUNCIL  AT THE SPECIFIC PROJECT INVOLVED TO DISCUSS MATTERS RELATING TO
 THE PROJECT. A DULY CONSTITUTED COOPERATORS' ADVISORY COUNCIL SHALL ONLY
 BE SUCH A COUNCIL IN A HOUSING CORPORATION PROJECT PRIOR TO THE ELECTION
 OF A BOARD OF DIRECTORS BY THE TENANT-COOPERATORS.
   10. REQUIRE EVERY MANAGING AGENT TO FILE WITH THE  APPROPRIATE  AGENCY
 AS  DETERMINED  BY THE COMMISSIONER, AN ANNUAL OPERATING BUDGET FOR EACH
 INDIVIDUAL PROJECT IN THE MANNER PRESCRIBED BY THE COMMISSIONER.
   11. REQUIRE EVERY LESSEE, HOUSING CORPORATION, OR THE  MANAGING  AGENT
 THEREOF TO FILE WITH THE APPROPRIATE AGENCY AS DETERMINED BY THE COMMIS-
 SIONER,  SEMI-ANNUAL  OR  QUARTERLY  FINANCIAL  STATEMENTS AND AN ANNUAL
 FINANCIAL STATEMENT. EACH ANNUAL FINANCIAL STATEMENT SHALL  BE  ACCOMPA-
 NIED  BY  A  CERTIFICATE  OF  THE MANAGING AGENT'S INDEPENDENT CERTIFIED
 PUBLIC ACCOUNTANT.   SUCH FINANCIAL STATEMENTS SHALL  BE  FILED  AT  THE
 TIMES AND IN THE MANNER PRESCRIBED BY THE COMMISSIONER.
   12.  AFFORD  TENANTS  AND SHAREHOLDERS ACCESS TO AND AN OPPORTUNITY TO
 ACQUIRE COPIES OF ALL OPERATING BUDGETS OR FINANCIAL STATEMENTS RESPECT-
 ING THE PROJECT IN WHICH SUCH TENANTS AND SHAREHOLDERS  RESIDE,  TO  THE
 EXTENT  THAT  SUCH BUDGETS AND STATEMENTS ARE REQUIRED BY LAW TO BE KEPT
 BY THE COMMISSIONER.
   13. PERMIT ANY TENANT, DULY  CONSTITUTED  TENANTS'  ASSOCIATION,  DULY
 CONSTITUTED COOPERATORS' ADVISORY COUNCIL OR A DULY AUTHORIZED REPRESEN-
 S. 8306--B                         166
 
 TATIVE  OF  ANY SUCH ENTITY TO AUDIT THE BOOKS OF THE MANAGING AGENT AND
 TO HAVE ACCESS DURING NORMAL BUSINESS HOURS  TO  THE  FINANCIAL  RECORDS
 UPON WHICH THE MANAGING AGENT'S FINANCIAL STATEMENTS ARE BASED.
   14.  PROMULGATE  REGULATIONS  RELATING  TO  MANAGING AGENTS, INCLUDING
 CRITERIA FOR THE ELIGIBILITY  FOR  SELECTION  AND  THE  COMPENSATION  OF
 MANAGING  AGENTS  BY  COMPANIES ORGANIZED PURSUANT TO THIS ARTICLE. SUCH
 REGULATIONS SHALL PROVIDE, AMONG OTHER THINGS, THAT ANY CONTRACT WITH  A
 MANAGING  AGENT  ENTERED INTO SHALL BE TERMINABLE FOR CAUSE AND SHALL BE
 TERMINABLE, WITH OR WITHOUT CAUSE, AT LEAST EVERY  TWELVE  MONTHS  AFTER
 COMMENCEMENT OF THE TERM THEREOF, AND THAT PROMPTLY UPON TERMINATION THE
 MANAGING  AGENT SHALL TURN OVER TO THE HOUSING CORPORATION OR LESSEE ALL
 PROJECT RECORDS, RENT ROLLS, BILLS, CANCELED CHECKS, BANK STATEMENTS AND
 OTHER PAPERS OWNED BY SUCH LESSEE OR HOUSING CORPORATION.
   15. EVERY TENANT OR RESIDENT, OR A PERSON ACTING ON BEHALF OF A SHARE-
 HOLDER, TENANT, OR RESIDENT, SHALL BE PERMITTED TO COPY, BY PHOTOGRAPHIC
 MEANS, ANY DOCUMENT WITHIN THE SCOPE OF THIS SECTION PERTAINING  TO  THE
 PROJECT  IN  WHICH  SUCH  SHAREHOLDER,  TENANT,  OR  RESIDENT RESIDES. A
 REASONABLE FEE, SUBJECT TO A MAXIMUM THEREFOR PRESCRIBED IN REGULATIONS,
 MAY BE CHARGED FOR SUCH COPIES.
   16. REQUIRE THAT WITHIN TEN DAYS OF  THE  FILING  OF  ANY  REPORTS  OR
 FINANCIAL  STATEMENTS  WITH  THE  COMMISSIONER, THE MANAGING AGENT SHALL
 TRANSMIT A COPY OF SAID REPORT OR FINANCIAL STATEMENT TO A DULY  CONSTI-
 TUTED  RESIDENT  BOARD  OF  DIRECTORS,  AND  IF  THERE  BE  NONE,  TO  A
 COOPERATOR'S ADVISORY COUNCIL OR A DULY CONSTITUTED TENANTS  ASSOCIATION
 REPRESENTING THE PROJECT CONCERNED. WHERE NO SUCH COUNCIL OR ASSOCIATION
 EXISTS IN A PROJECT, A NOTICE SHALL BE POSTED INFORMING THE RESIDENTS OF
 THE  LOCATION ON THE PREMISES OF THE PROJECT WHERE A COPY OF SAID REPORT
 OR FINANCIAL STATEMENT IS AVAILABLE FOR INSPECTION. THE NOTICE SHALL  BE
 POSTED  WITHIN  TEN DAYS OF FILING, IN A PROMINENT PLACE ON THE PREMISES
 OF THE PROJECT CONCERNED.
   17. PROMULGATE REGULATIONS TO REQUIRE EACH TENANT  OR  SHAREHOLDER  TO
 USE  THEIR  DWELLING  UNIT  AS THEIR PRIMARY RESIDENCE TO MAINTAIN THEIR
 RIGHT OF CONTINUED OCCUPANCY OR BE SUBJECT TO EVICTION  IN  A  COURT  OF
 COMPETENT JURISDICTION BY A LESSEE.
   18.  REQUIRE  EVERY VOTING MEMBER OF A BOARD OF DIRECTORS OF A HOUSING
 CORPORATION SUBJECT TO  THE  PROVISIONS  OF  THIS  ARTICLE,  ELECTED  OR
 APPOINTED  FOR  A  TERM BEGINNING ON OR AFTER THE EFFECTIVE DATE OF THIS
 SUBDIVISION, TO COMPLETE, WITHIN THE FIRST YEAR OF  THEIR  TERM  AND  AT
 LEAST  ONCE  EVERY  THREE  YEARS  THEREAFTER,  A MINIMUM OF TWO HOURS OF
 TRAINING, IN PERSON OR VIRTUALLY, AS THE COMMISSIONER MAY DEEM APPROPRI-
 ATE, ON THE FINANCIAL OVERSIGHT, ACCOUNTABILITY AND FIDUCIARY  RESPONSI-
 BILITIES  OF  A  BOARD  MEMBER;  AND TO REQUIRE EVERY VOTING MEMBER OF A
 BOARD OF DIRECTORS OF A HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF
 THIS ARTICLE, ELECTED OR APPOINTED  FOR  A  TERM  BEGINNING  BEFORE  THE
 EFFECTIVE DATE OF THIS SUBDIVISION, TO COMPLETE SUCH TRAINING WITHIN ONE
 YEAR  OF  THE EFFECTIVE DATE OF THIS SUBDIVISION AND AT LEAST ONCE EVERY
 THREE YEARS THEREAFTER.
   19. REQUIRE EVERY VOTING MEMBER OF A BOARD OF DIRECTORS OF  A  HOUSING
 CORPORATION  SUBJECT  TO  THE  PROVISIONS  OF  THIS  ARTICLE, ELECTED OR
 APPOINTED FOR A TERM BEGINNING ON OR AFTER THE EFFECTIVE  DATE  OF  THIS
 SUBDIVISION,  TO  COMPLETE, WITHIN THE FIRST YEAR OF HIS OR HER TERM AND
 AT LEAST ONCE EVERY THREE YEARS THEREAFTER, IN ADDITION TO THE  TRAINING
 REQUIRED  BY  SUBDIVISION  TEN  OF  THIS  SECTION, A TRAINING COURSE, IN
 PERSON OR VIRTUALLY, AS THE COMMISSIONER,  AS  THE  CASE  BE,  MAY  DEEM
 APPROPRIATE, TO ACQUAINT THEM WITH THE POWERS, FUNCTIONS AND DUTIES OF A
 BOARD OF DIRECTORS OF A HOUSING CORPORATION SUBJECT TO THE PROVISIONS OF
 S. 8306--B                         167
 
 THIS  ARTICLE,  AS  WELL AS THE POWERS AND DUTIES OF OTHER GOVERNING AND
 ADMINISTRATIVE AUTHORITIES AFFECTING  SUCH  COMPANIES;  AND  TO  REQUIRE
 EVERY  VOTING  MEMBER  OF  A BOARD OF DIRECTORS OF A HOUSING CORPORATION
 SUBJECT  TO  THE  PROVISIONS OF THIS ARTICLE, ELECTED OR APPOINTED FOR A
 TERM BEGINNING  BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  TO
 COMPLETE  SUCH  TRAINING  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SUBDIVISION AND AT LEAST ONCE EVERY THREE YEARS THEREAFTER.
   20. REQUIRE EACH MEMBER OF A BOARD OF DIRECTORS OF  A  HOUSING  CORPO-
 RATION  SUBJECT TO THE PROVISIONS OF THIS ARTICLE TO DEMONSTRATE COMPLI-
 ANCE WITH THE REQUIREMENTS SET FORTH IN SUBDIVISIONS EIGHTEEN AND  NINE-
 TEEN  OF  THIS  SECTION  BY  FILING  A CERTIFICATE OF COMPLETION OF SUCH
 COURSE OR COURSES ON A FORM TO BE PROMULGATED BY THE COMMISSIONER.  SUCH
 FORM SHALL BE FILED WITH THE SECRETARY OF THE  HOUSING  CORPORATION  AND
 MAINTAINED  BY THE SECRETARY AS A CORPORATE RECORD AND DISTRIBUTED ANNU-
 ALLY TO THE SHAREHOLDERS AND UPON THE FILING OF ANY  DIRECTOR  WITH  THE
 HOUSING  CORPORATION  OF  THE INTENTION TO SEEK RE-ELECTION TO THE POSI-
 TION. SIXTY DAYS PRIOR TO ANY SCHEDULED ELECTION OF MEMBERS OF THE BOARD
 OF DIRECTORS, THE SECRETARY OF THE HOUSING CORPORATION SHALL FURNISH THE
 COMMISSIONER WITH A LIST OF ALL  INCUMBENT  DIRECTORS  INDICATING  WHICH
 INDIVIDUALS  HAVE  SUBMITTED  CERTIFICATES REQUIRED IN THIS SUBDIVISION.
 SUCH COURSE OR COURSES SHALL BE PROVIDED BY  THE  COMMISSIONER,  AS  THE
 CASE MAY BE, AT NO COST TO THE TRAINEE OR THE BOARD TO WHICH THE TRAINEE
 HAS BEEN ELECTED.
   21.  DEVELOP  THE CURRICULA USED FOR TRAINING REQUIRED BY SUBDIVISIONS
 EIGHTEEN AND NINETEEN OF THIS SECTION FOR  WHICH  THE  COMMISSIONER  MAY
 REQUEST  AND  SHALL  RECEIVE  THE  COOPERATION  AND  ASSISTANCE FROM ANY
 DEPARTMENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS OR AGENCIES OF  THE
 STATE  AND  POLITICAL SUBDIVISIONS THEREOF IN DEVELOPING SUCH CURRICULA.
 THESE CURRICULA MAY BE OFFERED TOGETHER AS A SINGLE COURSE OR  SEPARATE-
 LY.  THE  TRAINING  REQUIRED BY THIS SECTION MAY BE OFFERED BY PROVIDERS
 APPROVED BY THE COMMISSIONER, AS THE CASE MAY BE.   IN  APPROVING  OTHER
 PROVIDERS  FOR THESE TRAININGS, THE COMMISSIONER SHALL CONSIDER A POTEN-
 TIAL PROVIDER'S UNDERSTANDING OF COOPERATIVE HOMEOWNERSHIP  AND  TENANCY
 LAWS;  LAWS, RULES AND REGULATIONS AFFECTING RENT AND OWNERSHIP PROJECTS
 SUBJECT TO THE PROVISIONS OF THIS ARTICLE; AND THE  FIDUCIARY  RESPONSI-
 BILITIES OF THE BOARD OF A RESIDENTIAL COOPERATIVE, AS WELL AS THE EXPE-
 RIENCE OF THE PROVIDER IN DELIVERING SUCH TRAINING.
   22.  HOLD  SUCH  MEETING  OR  MEETINGS,  IN PERSON OR VIRTUALLY AS THE
 COMMISSIONER SHALL DEEM APPROPRIATE, WITH THE BOARD OF A HOUSING  CORPO-
 RATION  ON THE FINANCIAL OVERSIGHT, ACCOUNTABILITY AND FIDUCIARY RESPON-
 SIBILITIES OF SUCH BOARD; THE  POWERS,  FUNCTIONS  AND  DUTIES  OF  SUCH
 BOARD;  AND  THE POWERS AND DUTIES OF OTHER GOVERNING AND ADMINISTRATIVE
 AUTHORITIES AFFECTING SUCH CORPORATION.
   § 1293. CONSTRUCTION AND OPERATION. 1. THE PROVISIONS OF  SECTION  TWO
 HUNDRED  TWENTY-FOUR-A  OF  THE  LABOR  LAW  SHALL APPLY TO CONSTRUCTION
 PROJECTS UNDER THIS ARTICLE.
   2. EVERY LESSEE, CONTRACTOR, OR OTHER THIRD  PARTY  THAT  HAS  ENTERED
 INTO  AN AGREEMENT WITH THE CORPORATION SHALL PAY A SERVICE EMPLOYEE, AS
 DEFINED IN SECTION TWO HUNDRED THIRTY-ONE OF THE LABOR LAW,  A  WAGE  OF
 NOT  LESS THAN THE PREVAILING WAGE IN THE LOCALITY FOR THE CRAFT, TRADE,
 OR OCCUPATION OF THE SERVICE EMPLOYEE. EMPLOYMENT  OF  BUILDING  SERVICE
 WORKERS  PURSUANT  TO  THIS  ARTICLE SHALL BE SUBJECT TO REQUIREMENTS IN
 ARTICLE NINE OF THE LABOR LAW.
   § 1294. ANNUAL REPORTS. THE COMMISSIONER SHALL, ON OR BEFORE THE FIRST
 DAY OF DECEMBER THIRTY-FIRST OF EACH YEAR, SUBMIT A REPORT TO THE LEGIS-
 LATURE, THE STATE COMPTROLLER, AND THE ATTORNEY GENERAL ON THE IMPLEMEN-
 S. 8306--B                         168
 
 TATION OF SECTION TWELVE HUNDRED  NINETY-TWO  OF  THIS  ARTICLE  BY  THE
 COMMISSIONER  AND THE POLICY INCLUDED THEREIN. SUCH REPORT SHALL INCLUDE
 AND NOT BE LIMITED TO RENT AND CARRYING CHARGE LEVELS, CHANGES  THEREIN,
 OPERATION   OF   THE   NEW  YORK  HOUSING  OPPORTUNITY  CORPORATION  NEW
 CONSTRUCTION REVOLVING FUND AND NEW YORK HOUSING OPPORTUNITY CORPORATION
 MAINTENANCE AND PRESERVATION REVOLVING FUND, TAX CREDIT,  ABATEMENT,  OR
 EXEMPTION  LEVELS, TOTAL CAPITAL OUTLAY, AMORTIZATION, MORTGAGE INTEREST
 RATES, INCOME LEVELS SERVED  BY  THE  HOUSING,  SURCHARGE  BILLINGS  AND
 COLLECTIONS  AND  USE  OF SURCHARGE REVENUES, AND VACANCY RATES. FOR THE
 PURPOSE OF PREPARING SUCH REPORT,  THE  COMMISSIONER  MAY  REQUEST,  AND
 SHALL  RECEIVE, FROM ANY MUNICIPALITY SUCH DATA AS HE DEEMS NECESSARY OR
 DESIRABLE AND SUCH MUNICIPALITY OR  SHALL  FURNISH  THE  REQUESTED  DATA
 WITHIN SIXTY DAYS OF SUCH REQUEST.
   §  1295. NEW  YORK  HOUSING  OPPORTUNITY  CORPORATION NEW CONSTRUCTION
 REVOLVING FUND. 1.  (A) THERE IS HEREBY CREATED AND ESTABLISHED  IN  THE
 DIVISION  A REVOLVING FUND TO BE KNOWN AS THE "NEW YORK HOUSING OPPORTU-
 NITY CORPORATION NEW CONSTRUCTION REVOLVING FUND".
   (B) MONEYS  IN  THE  NEW  YORK  HOUSING  OPPORTUNITY  CORPORATION  NEW
 CONSTRUCTION  REVOLVING  FUND  SHALL ONLY BE USED IN ACCORDANCE WITH THE
 PROVISIONS OF THIS ARTICLE. THE MONEYS IN SUCH FUND SHALL BE APPLIED  TO
 OR  PAID  OUT  FOR  AUTHORIZED  PURPOSES  RELATED TO NEW CONSTRUCTION OF
 DWELLING UNITS BEING BUILT IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS
 ARTICLE.
   2.  THERE  SHALL BE PAID INTO SUCH NEW YORK HOUSING OPPORTUNITY CORPO-
 RATION NEW CONSTRUCTION REVOLVING FUND (A) ANY MONEYS  APPROPRIATED  AND
 MADE  AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUND, (B) NOTWITH-
 STANDING THE PROVISIONS OF THE STATE FINANCE LAW OR ANY OTHER  PROVISION
 OF  LAW,  ANY  MONEYS  WHICH  THE DIVISION SHALL RECEIVE IN REPAYMENT OF
 ADVANCES MADE FROM SUCH FUND, AND (C) ANY OTHER MONEYS WHICH MAY BE MADE
 AVAILABLE TO THE DIVISION FOR THE PURPOSE OF SUCH FUND  FROM  ANY  OTHER
 SOURCE OR SOURCES.
   3.  ALL  MONEYS PAID INTO THE FUND FROM REPAYMENTS OF LOANS AUTHORIZED
 BY THIS ARTICLE SHALL CONTINUE TO BE MADE AVAILABLE FOR THE  PURPOSE  OF
 PROVIDING  LOANS  PURSUANT  TO  SUCH  SECTION,  AND  SHALL  BE REPAID AS
 FOLLOWS:
   (A) EACH SUCH ADVANCE SHALL BE REPAID IN FULL BY BORROWER TO THE FUND;
 AND
   (B) SUCH REPAYMENT SHALL  BE  MADE  CONCURRENT  WITH  RECEIPT  BY  THE
 BORROWER OR ITS SUCCESSOR IN INTEREST OF THE PROCEEDS OF ITS MORTGAGE OR
 CONSTRUCTION  LOAN.  THE  COMMISSIONER  MAY,  AT  HIS OR HER DISCRETION,
 EXTEND THE PERIOD FOR THE REPAYMENT OF SUCH ADVANCES. IN NO EVENT  SHALL
 THE  TIME  OF REPAYMENT BE EXTENDED LATER THAN THE DATE OF FINAL ADVANCE
 OF FUNDS PURSUANT TO SUCH MORTGAGE FINANCING.
   4.  MONEYS  IN  THE  NEW  YORK  HOUSING  OPPORTUNITY  CORPORATION  NEW
 CONSTRUCTION  REVOLVING FUND SHALL BE SEGREGATED FROM ALL OTHER FUNDS OF
 OR IN THE CUSTODY OF THE CORPORATION SUBJECT TO ANY RIGHTS OF HOLDERS OF
 CORPORATION BONDS OR NOTES ISSUED FOR THE PURPOSES OF THIS SECTION.
   5. ANY MONEYS HELD IN SUCH NEW YORK  HOUSING  OPPORTUNITY  CORPORATION
 NEW  CONSTRUCTION REVOLVING FUND NOT REQUIRED FOR IMMEDIATE DISBURSEMENT
 MAY BE INVESTED, AT THE DISCRETION OF THE COMMISSIONER,  IN  OBLIGATIONS
 OF  THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCI-
 PAL AND INTEREST OF WHICH ARE GUARANTEED BY  THE  STATE  OR  THE  UNITED
 STATES  GOVERNMENT.  ANY  INCOME OR INTEREST EARNED BY, OR INCREMENT TO,
 SUCH HOUSING DEVELOPMENT FUND SHALL BE ADDED TO THE MONEYS HELD IN  SUCH
 FUND FOR THE PURPOSES HEREIN PROVIDED.
 S. 8306--B                         169

   § 1296. NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE AND PRES-
 ERVATION  REVOLVING FUND. 1. (A) THERE IS HEREBY CREATED AND ESTABLISHED
 IN THE DIVISION A REVOLVING FUND TO BE KNOWN AS THE  "NEW  YORK  HOUSING
 OPPORTUNITY CORPORATION MAINTENANCE AND PRESERVATION REVOLVING FUND".
   (B) MONEYS IN THE NEW YORK HOUSING OPPORTUNITY CORPORATION MAINTENANCE
 AND  PRESERVATION  REVOLVING  FUND SHALL ONLY BE USED IN ACCORDANCE WITH
 THE PROVISIONS OF THIS ARTICLE.   THE  MONEYS  IN  SUCH  FUND  SHALL  BE
 APPLIED TO OR PAID OUT FOR AUTHORIZED PURPOSES RELATED TO MAINTENANCE OR
 PRESERVATION OF DWELLING UNITS, AS DEEMED APPROPRIATE BY THE COMMISSION-
 ER,  WHICH  WERE  CONSTRUCTED  IN ACCORDANCE WITH THE PROVISIONS OF THIS
 ARTICLE.
   2. THERE SHALL BE PAID INTO SUCH NEW YORK HOUSING  OPPORTUNITY  CORPO-
 RATION MAINTENANCE AND PRESERVATION REVOLVING FUND (A) ANY MONEYS APPRO-
 PRIATED  AND  MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUND,
 (B) NOTWITHSTANDING THE PROVISIONS OF THE STATE FINANCE LAW OR ANY OTHER
 PROVISION OF LAW, ANY MONEYS WHICH THE DIVISION SHALL RECEIVE IN  REPAY-
 MENT OF ADVANCES MADE FROM SUCH FUND, AND (C) ANY OTHER MONEYS WHICH MAY
 BE  MADE AVAILABLE TO THE DIVISION FOR THE PURPOSE OF SUCH FUND FROM ANY
 OTHER SOURCE OR SOURCES.
   3. ALL MONEYS PAID INTO THE FUND FROM REPAYMENTS OF  LOANS  AUTHORIZED
 BY  THIS  ARTICLE SHALL CONTINUE TO BE MADE AVAILABLE FOR THE PURPOSE OF
 PROVIDING LOANS PURSUANT  TO  SUCH  SECTION,  AND  SHALL  BE  REPAID  AS
 FOLLOWS:
   (A)  EACH  SUCH ADVANCE SHALL BE REPAID IN FULL BY THE BORROWER TO THE
 FUND; AND
   (B) SUCH REPAYMENT SHALL  BE  MADE  CONCURRENT  WITH  RECEIPT  BY  THE
 BORROWER OR ITS SUCCESSOR IN INTEREST OF THE PROCEEDS OF ITS MORTGAGE OR
 CONSTRUCTION   LOAN.   THE  COMMISSIONER  MAY,  AT  SUCH  COMMISSIONER'S
 DISCRETION, EXTEND THE PERIOD FOR THE REPAYMENT OF SUCH ADVANCES. IN  NO
 EVENT  SHALL  THE  TIME  OF REPAYMENT BE EXTENDED LATER THAN THE DATE OF
 FINAL ADVANCE OF FUNDS PURSUANT TO SUCH MORTGAGE FINANCING.
   4. MONEYS IN THE NEW YORK HOUSING OPPORTUNITY CORPORATION  MAINTENANCE
 AND PRESERVATION REVOLVING FUND SHALL BE SEGREGATED FROM ALL OTHER FUNDS
 OF OR IN THE CUSTODY OF THE CORPORATION SUBJECT TO ANY RIGHTS OF HOLDERS
 OF CORPORATION BONDS OR NOTES ISSUED FOR THE PURPOSES OF THIS SECTION.
   5.  ANY  MONEYS  HELD IN SUCH NEW YORK HOUSING OPPORTUNITY CORPORATION
 MAINTENANCE AND PRESERVATION REVOLVING FUND NOT REQUIRED  FOR  IMMEDIATE
 DISBURSEMENT  MAY BE INVESTED, AT THE DISCRETION OF THE COMMISSIONER, IN
 OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR  OBLIGATIONS
 THE  PRINCIPAL  AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE
 UNITED STATES GOVERNMENT. ANY INCOME OR INTEREST EARNED BY, OR INCREMENT
 TO, SUCH HOUSING DEVELOPMENT FUND SHALL BE ADDED TO THE MONEYS  HELD  IN
 SUCH FUND FOR THE PURPOSES HEREIN PROVIDED.
   §  1297. DESIGNATION  OF  AND SERVICE OF PROCESS ON SECRETARY OF STATE
 AND REGISTERED AGENT.  THE PROVISIONS OF SECTIONS  THREE  HUNDRED  FOUR,
 THREE HUNDRED FIVE AND THREE HUNDRED SIX OF THE BUSINESS CORPORATION LAW
 SHALL  APPLY  TO COMPANIES HERETOFORE OR HEREAFTER ORGANIZED PURSUANT TO
 THE PROVISIONS OF THIS ARTICLE.
   § 1298. JURISDICTION; COURTS; VENUE. THE PLACE OF TRIAL DISPUTES ARIS-
 ING FROM THIS ARTICLE SHALL BE WITHIN THE  JURISDICTIONAL  AREA  OF  THE
 COURT  IN  WHICH  THE  REAL  PROPERTY  OR A PORTION THEREOF IS SITUATED;
 EXCEPT THAT WHERE THE PROPERTY IS LOCATED  IN  AN  INCORPORATED  VILLAGE
 WHICH INCLUDES PARTS OF TWO OR MORE TOWNS THE PROCEEDING MAY BE TRIED BY
 A  JUSTICE  OF  THE  PEACE  OF  ANY SUCH TOWN WHO KEEPS AN OFFICE IN THE
 VILLAGE.
 S. 8306--B                         170
 
   § 2. 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 two new paragraphs e and f are added to read as
 follows:
   c. Money loaned by the public entity that is to be repaid on a contin-
 gent basis; [or]
   d.  Credits that are applied by the public entity against repayment of
 obligations to the public entity[.];
   E. MONEY LOANED FROM THE NEW YORK HOUSING OPPORTUNITY CORPORATION  NEW
 CONSTRUCTION REVOLVING FUND; OR
   F.  MONEY  LOANED  FROM  THE  NEW YORK HOUSING OPPORTUNITY CORPORATION
 MAINTENANCE AND PRESERVATION REVOLVING FUND.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair, or invalidate the remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   § 4. This act shall take effect immediately.
 
                                 PART DDD
 
   Section 1. Section 131-w of the social services law, as added by chap-
 ter 41 of the laws of 1992, is amended to read as follows:
   § 131-w. Limitations in the payment of rent arrears. [Districts] LOCAL
 SOCIAL  SERVICES  DISTRICTS  shall  not  provide  assistance to pay rent
 arrears, property taxes or mortgage arrears for persons not eligible for
 home relief, aid to dependent children, emergency  assistance  to  needy
 families with children or emergency assistance for aged, blind and disa-
 bled  persons,  except  to  persons  who are without income or resources
 immediately available to meet the emergency need, whose gross  household
 income  does  not  exceed [one] TWO hundred [twenty-five] percent of the
 federal income official poverty line [and who sign a repayment agreement
 agreeing to repay the assistance  in  a  period  not  to  exceed  twelve
 months.    The  districts  shall enforce the repayment agreements by any
 legal method available to a creditor, in addition to any rights  it  has
 pursuant  to  this chapter].   LOCAL SOCIAL SERVICES DISTRICTS SHALL NOT
 REQUIRE AN APPLICANT FOR EMERGENCY ASSISTANCE TO  PAY  RENT  ARREARS  TO
 DEMONSTRATE AN ABILITY TO PAY SHELTER EXPENSES, INCLUDING ANY AMOUNTS IN
 EXCESS  OF  THE  APPROPRIATE LOCAL AGENCY MAXIMUM MONTHLY SHELTER ALLOW-
 ANCE, IN THE FUTURE.  LOCAL SOCIAL SERVICES DISTRICTS SHALL NOT  REQUIRE
 A  RECIPIENT TO REPAY EMERGENCY ASSISTANCE PROVIDED TO PAY RENT ARREARS.
 The department shall promulgate regulations to  implement  this  section
 which  shall,  among other things, [establish standards for the contents
 of repayment agreements and] establish standards to ensure that  assist-
 ance  is  provided  only  in emergency circumstances; PROVIDED, HOWEVER,
 PROOF THAT A COURT PROCEEDING THAT HAS BEEN INITIATED AGAINST THE APPLI-
 CANT OR RECIPIENT SHALL NOT BE REQUIRED TO ESTABLISH  EMERGENCY  CIRCUM-
 STANCES  SUFFICIENT  FOR  THE PROVISION OF EMERGENCY ASSISTANCE TO COVER
 RENT ARREARS.
   § 2. Section 131 of the social services law is amended by adding a new
 subdivision 21 to read as follows:
   21. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 ANY EMERGENCY ASSISTANCE TO PAY RENT ARREARS MAY BE PROVIDED FOR A PERI-
 OD OF UP TO TWELVE MONTHS,  UNLESS  A  LOCAL  SOCIAL  SERVICES  DISTRICT
 S. 8306--B                         171
 
 DETERMINES  IN ITS DISCRETION THAT ADDITIONAL ASSISTANCE IS NECESSARY TO
 COVER RENT AREAS IN A PARTICULAR CASE.  A RECIPIENT OF EMERGENCY ASSIST-
 ANCE FOR PAYMENT OF RENT ARREARS SHALL NOT BE  ELIGIBLE  FOR  SUBSEQUENT
 EMERGENCY  ASSISTANCE TO PAY RENT ARREARS FOR A PERIOD OF AT LEAST TWEN-
 TY-FOUR MONTHS UNLESS THE LOCAL SOCIAL SERVICES DISTRICT  DETERMINES  AT
 ITS DISCRETION THAT ADDITIONAL RENT ARREARS PAYMENTS ARE NECESSARY BASED
 ON THE INDIVIDUAL CASE CIRCUMSTANCES.
   §  3.  Subdivision  3  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:
   3.    Emergency  assistance  to  needy families with children shall be
 provided to the extent of items  of  need  and  services  set  forth  in
 sections  one  hundred  thirty-one  and one hundred thirty-one-a of this
 chapter, and items of  medical  services  set  forth  in  section  three
 hundred  sixty-five-a  of  this chapter, and in amounts set forth in the
 regulations of the department for children  who  are  without  available
 resources, and when such assistance is necessary to avoid destitution or
 to  provide  them  with living arrangements in a home TO PREVENT LOSS OF
 LIVING ARRANGEMENTS RESULTING FROM THE NON-PAYMENT  OF  RENT,  and  such
 destitution  or  such  need did not arise because such children or rela-
 tives refused without good cause to accept employment  or  training  for
 employment;  provided,  however,  that  no  assistance shall be provided
 which would duplicate assistance under sections one  hundred  thirty-one
 and  one  hundred  thirty-one-a  of  this  article for which a person is
 eligible or would be eligible but for a sanction for  violation  of  the
 requirements  of  title  nine-B of article five of this chapter or other
 requirement of state law and provided further that, notwithstanding  any
 inconsistent  provision  of  this section or section one hundred thirty-
 one-a of this article, persons for whom preventive  services  are  being
 provided  under  title  four  of  article six of this chapter or who are
 living in foster care or in public, congregate or group facilities, such
 as residential facilities for victims of domestic violence, may,  pursu-
 ant  to regulations of the department within amounts specifically appro-
 priated therefor and subject  to the terms and conditions of such appro-
 priation, receive assistance hereunder on their behalf for such services
 or for care in such facilities in amounts exceeding those set  forth  in
 section one hundred thirty-one-a of this article.
   § 4. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 5. This act shall take effect immediately.
 
                                 PART EEE
 
   Section 1. Subdivisions 1, 3 and 8 of section 224-d of the labor  law,
 subdivision 1 as separately amended by chapters  372 and 375 of the laws
 of 2022, subdivision 3 as added by section 2 of part AA of chapter 56 of
 the laws of 2021, and subdivision  8 as added by chapter 375 of the laws
 of  2022,  are  amended  and  a  new  subdivision  9 is added to read as
 follows:
   1. For purposes of this section, a "covered renewable  energy  system"
 means  (a) a renewable energy system, as such term is defined in section
 S. 8306--B                         172
 
 sixty-six-p of the public service law, with a capacity of  one  or  more
 megawatts  alternating  current  and  which  involves the procurement of
 renewable energy credits by a public entity, or a third party acting  on
 behalf  and  for  the  benefit of a public entity; [or] (b) any "thermal
 energy network" as defined by subdivision twenty-nine of section two  of
 the  public  service  law;  (C) ANY ENERGY STORAGE PROJECT ASSOCIATED OR
 PAIRED WITH A COVERED RENEWABLE ENERGY SYSTEM; OR (D) ANY MAJOR  UTILITY
 TRANSMISSION  FACILITY  AS  SUCH  TERM IS DEFINED IN SECTION ONE HUNDRED
 TWENTY OF THE PUBLIC SERVICE LAW,  TRANSMISSION  PROJECT  THAT  RECEIVES
 APPROVAL  BY  THE  OFFICE  OF  RENEWABLE  ENERGY  SITING OR PROJECT THAT
 SUPPORTS THE OFFSHORE WIND SUPPLY CHAIN, WHERE SUCH FACILITY OR  PROJECT
 IS  SELECTED  PURSUANT  TO  A  SOLICITATION BY THE NEW YORK STATE ENERGY
 RESEARCH AND DEVELOPMENT AUTHORITY, THE NEW YORK POWER AUTHORITY, OR THE
 LONG ISLAND POWER AUTHORITY, PROVIDED  THAT  SUCH  FACILITY  OR  PROJECT
 RECEIVES  NO  LESS THAN ONE HUNDRED THOUSAND DOLLARS OR IN DIRECT FINAN-
 CIAL ASSISTANCE FROM THE STATE.
   3. For purposes of this section, a  covered  renewable  energy  system
 shall  exclude  construction  work performed under a pre-hire collective
 bargaining agreement between an owner or  contractor  and  a  bona  fide
 building and construction trade labor organization which has established
 itself,  and/or  its  affiliates, as the collective bargaining represen-
 tative for all persons who will perform work  on  such  a  project,  and
 which  provides that only contractors and subcontractors who sign a pre-
 negotiated agreement with the labor organization  can  perform  work  on
 such  a  project[,  or  construction  work performed under a labor peace
 agreement, project labor  agreement,  or  any  other  construction  work
 performed  under an enforceable agreement between an owner or contractor
 and a bona fide building and construction trade labor organization].
   8. Any [thermal energy network] RENEWABLE  ENERGY  SYSTEM  covered  by
 this section shall require all contractors and subcontractors performing
 construction  work to use apprenticeship agreements, as defined by arti-
 cle twenty-three of this chapter, with pre-apprenticeship  direct  entry
 providers registered with the department.
   9.  FOR ANY COVERED RENEWABLE ENERGY SYSTEM WHERE STATE FUNDS ARE USED
 FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION,  MAINTENANCE,  MOVING,
 DEMOLITION,  EXCAVATION, DEVELOPMENT, OR OTHER IMPROVEMENT OF ANY BUILD-
 ING, STRUCTURE, OR LAND ASSOCIATED WITH THE PROJECT AND  THE  AMOUNT  OF
 STATE FUNDS PROVIDED MEETS OR EXCEEDS FIVE MILLION DOLLARS, SUCH COVERED
 RENEWABLE  ENERGY SYSTEM SHALL BE SUBJECT TO SECTION TWO HUNDRED TWENTY-
 TWO OF THIS ARTICLE.
   § 2. Subdivisions 1 and 3  and  paragraph  (a)  of  subdivision  4  of
 section  66-r of the public service law, as added by section 2-a of part
 AA of chapter 56 of the laws of 2021, are amended and a new  subdivision
 6 is added to read as follows:
   1.  For  the  purposes  of  this  section, a "covered renewable energy
 system" means (A) a renewable energy system, as such term is defined  in
 section  sixty-six-p  of  this  article, with a capacity of greater than
 five megawatts alternating current and which involves the procurement of
 renewable energy credits by a public entity, or a third party acting  on
 behalf  and  for  the benefit of a public entity; (B) ANY ENERGY STORAGE
 PROJECT ASSOCIATED OR PAIRED WITH A COVERED RENEWABLE ENERGY SYSTEM;  OR
 (C)  ANY  MAJOR UTILITY TRANSMISSION FACILITY AS SUCH TERM IS DEFINED IN
 SECTION ONE HUNDRED TWENTY OF THIS CHAPTER,  TRANSMISSION  PROJECT  THAT
 RECEIVES  APPROVAL  BY  THE OFFICE OF RENEWABLE ENERGY SITING OR PROJECT
 THAT SUPPORTS THE OFFSHORE WIND SUPPLY CHAIN,  WHERE  SUCH  FACILITY  OR
 PROJECT  IS  SELECTED  PURSUANT  TO A SOLICITATION BY THE NEW YORK STATE
 S. 8306--B                         173
 
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE NEW YORK POWER AUTHORITY,
 OR THE LONG ISLAND POWER  AUTHORITY,  PROVIDED  THAT  SUCH  FACILITY  OR
 PROJECT  RECEIVES NO LESS THAN ONE HUNDRED THOUSAND DOLLARS OR IN DIRECT
 FINANCIAL ASSISTANCE FROM THE STATE.
   3.  The commission shall require that the owner of the covered renewa-
 ble energy system, or a third party acting on the owner's behalf, as  an
 ongoing  condition  of  any  renewable  energy  credits agreement with a
 public entity, shall stipulate to the fiscal officer that it will  enter
 into [a] labor peace [agreement] AGREEMENTS with [at least one] ANY bona
 fide  labor  [organization]  ORGANIZATIONS  THAT either [where such bona
 fide labor organization is] ARE actively representing employees  provid-
 ing  necessary  operations  and  maintenance  services for the renewable
 energy system at the time of such agreement or [upon] PROVIDE notice [by
 a bona fide labor organization] that [is] THEY ARE attempting to  repre-
 sent  ANY  employees  IN  ANY  TITLES  WHO PROVIDE, OR who will provide,
 necessary operations and maintenance services for the  renewable  energy
 system  employed  in  the  state.  The maintenance of such a labor peace
 agreement, OR AGREEMENTS, WHICH COVER  ALL  CLASSES  OF  OPERATIONS  AND
 MAINTENANCE  EMPLOYEES,  shall  be  an ongoing material condition of any
 continuation of payments under a renewable energy credits agreement. For
 purposes of this section "labor  peace  agreement"  means  an  agreement
 between  an  entity  and labor organization that, at a minimum, protects
 the state's proprietary interests by prohibiting labor organizations and
 members from engaging in picketing, work stoppages,  boycotts,  and  any
 other  economic  interference with the relevant renewable energy system.
 "Renewable energy  credits  agreement"  shall  mean  any  public  entity
 contract  that  provides production-based payments to a renewable energy
 project as defined in this section.
   (a) Any public entity,  in  each  contract  for  construction,  recon-
 struction,  alteration,  repair, improvement or maintenance of a covered
 renewable energy system which involves the procurement  of  a  renewable
 energy  credits agreement by a public entity, or a third party acting on
 behalf and for the benefit of a public entity, the "public work" for the
 purposes of this subdivision, shall  ensure  that  such  contract  shall
 contain  a provision that the iron [and structural], steel AND COMPONENT
 PARTS used or supplied in the performance of the contract or any subcon-
 tract thereto [and that is  permanently  incorporated  into  the  public
 work],  shall  be  produced  or made in whole or substantial part in the
 United States, its territories or possessions. In the case of [a  struc-
 tural] AN iron or [structural] steel product all manufacturing must take
 place  in  the United States, from the initial melting stage through the
 application of coatings, except metallurgical  processes  involving  the
 refinement  of  steel  additives. [For the purposes of this subdivision,
 "permanently incorporated" shall mean an iron or steel product  that  is
 required  to  remain  in  place at the end of the project contract, in a
 fixed location, affixed to the public work to which it was incorporated.
 Iron and steel products  that  are  capable  of  being  moved  from  one
 location  to  another  are  not  permanently  incorporated into a public
 work.]
   6. FOR ANY COVERED RENEWABLE ENERGY SYSTEM WHERE STATE FUNDS ARE  USED
 FOR  THE  CONSTRUCTION, RECONSTRUCTION, ALTERATION, MAINTENANCE, MOVING,
 DEMOLITION, EXCAVATION, DEVELOPMENT, OR OTHER IMPROVEMENT OF ANY  BUILD-
 ING,  STRUCTURE,  OR  LAND ASSOCIATED WITH THE PROJECT AND THE AMOUNT OF
 STATE FUNDS PROVIDED MEETS OR EXCEEDS FIVE MILLION DOLLARS, SUCH COVERED
 RENEWABLE ENERGY SYSTEM SHALL BE SUBJECT TO SECTION TWO HUNDRED  TWENTY-
 TWO OF THE LABOR LAW.
 S. 8306--B                         174
 
   § 3. This act shall take effect immediately.
 
                                 PART FFF
 
   Section  1. The social services law is amended by adding a new section
 95-b to read as follows:
   § 95-B. STATE SNAP MINIMUM BENEFIT  PROGRAM.  1.  NOTWITHSTANDING  ANY
 OTHER  PROVISION  OF  LAW TO THE CONTRARY, THERE IS HEREBY ESTABLISHED A
 STATE SNAP MINIMUM BENEFIT PROGRAM. UNDER SUCH PROGRAM, THE OFFICE SHALL
 DISTRIBUTE TO EACH ELIGIBLE HOUSEHOLD A MONTHLY STATE SNAP BENEFIT EQUAL
 TO THE DIFFERENCE BETWEEN THE HOUSEHOLD'S FEDERAL SNAP  MONTHLY  BENEFIT
 AND FIFTY DOLLARS, WHICH AMOUNT MAY BE INCREASED BY THE OFFICE AS DEEMED
 APPROPRIATE  SUBJECT TO AVAILABLE STATE APPROPRIATIONS. IF FEDERAL FUNDS
 BECOME AVAILABLE FOR THE PURPOSES OF THIS SUBDIVISION, THE OFFICE  SHALL
 UTILIZE SUCH FEDERAL FUNDS AS THE PRIMARY SOURCE FOR ISSUING THE MONTHLY
 STATE  SNAP  BENEFIT BEFORE STATE FUNDS, IF NECESSARY, ARE EXPENDED. THE
 STATE SNAP BENEFIT SHALL BE PROVIDED TO AN ELIGIBLE HOUSEHOLD  IN  ADDI-
 TION TO THE FEDERAL SNAP BENEFIT.
   2. THE PROGRAM SHALL BE SUBJECT TO THE SAME STATE RULES AND PROCEDURES
 FOR  IMPLEMENTING  THE  FEDERAL  SNAP  TO  THE GREATEST EXTENT POSSIBLE,
 INCLUDING, BUT NOT LIMITED TO, DISTRIBUTING THE STATE SNAP BENEFIT USING
 THE PROGRAM'S ELECTRONIC BENEFIT  TRANSFER  SYSTEM  AND  REQUIRING  THAT
 BENEFITS  BE USED SOLELY FOR THE PURCHASE OF FOOD AS DEFINED IN 7 U.S.C.
 S.2012. THE OFFICE SHALL ISSUE ANY RULES OR  REGULATIONS  NECESSARY  FOR
 ADMINISTRATION AND IMPLEMENTATION OF THE PROGRAM.
   3. THE OFFICE SHALL APPLY TO THE FOOD AND NUTRITION SERVICE WITHIN THE
 FEDERAL  DEPARTMENT  OF  AGRICULTURE  AND  ANY  OTHER  NECESSARY FEDERAL
 DEPARTMENT, DIVISION, OR OFFICE FOR ANY NECESSARY WAIVERS  OR  APPROVALS
 TO IMPLEMENT THE PROVISIONS OF THE PROGRAM SET FORTH IN THIS SECTION.
   4. AS USED IN THIS SECTION:
   (A)  "ELIGIBLE  HOUSEHOLD"  MEANS  A  HOUSEHOLD  THAT  IS CERTIFIED TO
 RECEIVE A FEDERAL SNAP BENEFIT OF AT LEAST ONE DOLLAR PER MONTH BUT LESS
 THAN ONE HUNDRED DOLLARS PER MONTH, OR A LARGER AMOUNT AS DEEMED  APPRO-
 PRIATE  BY  THE  OFFICE  PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION,
 SUBJECT TO AVAILABLE STATE AND FEDERAL FUNDS.
   (B) "SNAP" MEANS THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AUTHOR-
 IZED PURSUANT TO SECTION NINETY-FIVE OF THIS TITLE.
   § 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 or any action necessary for the  imple-
 mentation  of  this  act  on  its  effective date, including seeking any
 necessary federal waivers, are authorized to be made and completed on or
 before such date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through FFF of this  act  shall
 be as specifically set forth in the last section of such Parts.