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
 ________________________________________________________________________
 
     S. 8306--C                                            A. 8806--C
 
                       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  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
   article  seven  of  the  Constitution -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as  amended  and  recommitted to said committee -- again reported from
   said committee with  amendments,  ordered  reprinted  as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the education law, in relation to contracts for excel-
   lence; to amend the education law, in relation to foundation  aid;  to
   amend  the  education  law,  in  relation  to allowable transportation
   expenses; to direct a foundation aid formula study by  the  Nelson  A.
   Rockefeller  institute;  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 transportation aid  for  zero-emission  school  buses  and
   establishing  the New York state zero-emission bus resource center; 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  pre-kindergarten  and  the
   Statewide  universal  full-day  pre-kindergarten  program; directing a
   study on consolidation  of  pre-kindergarten  funding;  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 appor-
   tionments  and  grants-in-aid to school districts; to amend the educa-
   tion 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12672-05-4
 S. 8306--C                          2                         A. 8806--C
 
   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 educa-
   tion  in New York city, in relation to reimbursement for the 2023-2024
   school year withholding a portion of employment preparation  education
   aid  and in relation to the effectiveness thereof; to amend the educa-
   tion law, in relation to funding for employment preparation  education
   programs;  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 537 of the laws of 1976 relating to paid,
   free and reduced price breakfast for eligible pupils in certain school
   districts, in relation to a state subsidy; 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 effectiveness
   thereof; providing for  special  apportionment  for  salary  expenses;
   providing  for  special  apportionment for public pension accruals; to
   amend chapter 121 of the laws of 1996 authorizing the Roosevelt  union
   free  school  district  to  finance deficits by the issuance of serial
   bonds, in relation to an apportionment for salary expenses;  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  repeal certain provisions of the education law
   relating to phase-in foundation increase; to repeal certain provisions
   of the education law relating to foundation aid; and providing for the
   repeal of certain provisions upon the expiration thereof (Part A);  to
   amend  the  education  law, in relation to establishing evidence-based
   reading instructional best practices for students attending prekinder-
   garten through grade three (Part B); to amend the  education  law,  in
   relation  to  directing  the  commissioner of education to require the
   completion of a free application for federal student aid or  a  waiver
   of  such  requirement  and  requires  school districts to issue annual
   reports on  students  completing  the  free  application  for  federal
   student  aid  and  the waiver (Part C); to amend the education law, in
   relation to eligibility for unrestricted aid to  independent  colleges
   and  universities  (Part  D); intentionally omitted (Part E); to amend
   chapter 260 of the laws of 2011 amending the education law and the New
   York state urban development corporation act relating to  establishing
   components of the NY-SUNY 2020 challenge grant program, in relation to
   the  effectiveness  thereof (Part F); 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,
   blind and disabled persons living in the community  (Part  H);  inten-
   tionally  omitted  (Part  I);  to  amend the labor law, in relation to
   nursing employees' right to  express  breast  milk  (Part  J);  inten-
 S. 8306--C                          3                         A. 8806--C
 
   tionally  omitted  (Part  K); intentionally omitted (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  providing  for  the
   expiration and repeal of such provisions (Part M); to utilize reserves
   in  the mortgage insurance 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 executive law, in relation to
   authorizing the attorney general to prosecute  crimes  involving  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); intentionally omitted (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  dwell-
   ings 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 dwell-
   ing 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);  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);  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; and providing for the repeal of such
   provisions  upon  the expiration thereof (Part V); to amend the educa-
   tion law, in relation to permitting tuition assistance program  awards
   to  be  made to part-time students enrolled in certain degree granting
   institutions chartered or authorized by the New York  state  board  of
   regents  (Part W); to amend the education law, in relation to increas-
   ing the  income  eligibility  threshold  for  the  tuition  assistance
   program  (Part  X);  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 Y); to amend chapter 277 of the laws of 2021  amending the labor
   law relating to the calculation of   weekly    employment    insurance
   benefits  for workers who are partially unemployed, in relation to the
   effectiveness thereof (Part Z); to amend the vehicle and traffic  law,
   in  relation to owner liability for failure of an operator to stop for
   a school bus displaying a red visual signal and stop-arm; and to amend
   chapter 145 of the laws of 2019, amending the vehicle and traffic  law
   relating  to  school  bus photo violation monitoring systems and owner
   liability for failure of operator to stop for a school bus  displaying
   a  red  visual  signal, in relation to the effectiveness thereof (Part
   AA); to amend the insurance law, in relation to prohibiting  discrimi-
   nation  because  of  the  affordability of residential buildings (Part
   BB); 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 CC); relating to the city
 S. 8306--C                          4                         A. 8806--C
 
   of Dunkirk fiscal recovery act; and providing for the repeal  of  such
   provisions  upon expiration thereof (Part DD); to amend the real prop-
   erty tax law, in  relation  to  establishing  an  optional  local  tax
   exemption  for  affordable  multi-family housing and an optional local
   tax  exemption  for  newly  converted  or  constructed  fully   income
   restricted rental multiple dwellings (Part EE); to amend the emergency
   tenant  protection  act  of  nineteen seventy-four, the administrative
   code of the city of New York, and the emergency housing  rent  control
   law,  in relation to increasing the amount recoverable by an owner for
   individual apartment improvements (Part FF); 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 GG); to amend the real property law  and  the
   real property actions and proceedings law, in relation to enacting the
   "good  cause  eviction  law";  and  providing  for  the repeal of such
   provisions upon the expiration thereof (Part HH); to  amend  the  real
   property  actions  and  proceedings law, in relation to further estab-
   lishing when a landlord-tenant relationship exists (Part II); to amend
   the real property tax law, in relation to directing the department  of
   housing  preservation  and development to develop a program to conduct
   annual audits of compliance  with  the  affordable  New  York  housing
   program  (Part  JJ);  to  amend  the  private  housing finance law, in
   relation to establishing the New York housing for the future  homeown-
   ership  program and the New York housing for the future rental housing
   program (Part KK); to amend the election law, the civil  practice  law
   and rules and the education law, in relation to regulating public data
   maintained  by county and city boards of elections (Part LL); to amend
   the alcoholic beverage control law, in relation to permitting the  use
   of  contiguous  and  non-contiguous  municipal public space by certain
   licensees; and to repeal chapter 238 of the laws of 2021, relating  to
   permitting the use of municipal space for outdoor dining (Part MM); to
   amend  the  transportation  law,  in  relation  to  clarifying certain
   provisions of the stretch limousine passenger safety act (Part NN); to
   amend the vehicle and traffic law, in relation to  establishing  speed
   limits  in  cities  with  populations  in excess of one million people
   (Part OO); to amend the public health law, in relation to enacting the
   reproductive freedom and equity grant program (Part PP); to amend  the
   retirement  and social security law and the administrative code of the
   city of New York, in relation to the calculation of the final  average
   salary for purposes of the calculation of a pension benefit (Part QQ);
   to amend the tax law, in relation to reducing the rate of tax applica-
   ble  to  certain  authorized combative sports under article 19 thereof
   (Part RR); authorizing the lease of certain lands located at the State
   University of New York at Stony Brook (Part SS); to amend  the  public
   authorities  law,  in  relation  to  bonds issued by the New York city
   transitional finance authority (Part TT); to amend the public authori-
   ties law, in relation to fare enforcement by the  metropolitan  trans-
   portation  authority (Part UU); in relation to directing the office of
   children and family services to conduct a study to evaluate the feasi-
   bility of providing after  school  programming  to  every  school-aged
   child  in New York (Part VV); to amend the vehicle and traffic law, in
   relation to obstructed or obscured  license  plates  and  the  penalty
   imposed  upon  the operator of a vehicle with an intentionally altered
   or obscured license plate while on a toll highway, bridge or tunnel or
 S. 8306--C                          5                         A. 8806--C
 
   in a tolled central business district; to amend the vehicle and  traf-
   fic  law,  in  relation  to  authorizing law enforcement to confiscate
   license plate coverings; to amend the  vehicle  and  traffic  law,  in
   relation to authorizing vehicle registration suspension for failure to
   comply with the removal of materials or substances altering or obscur-
   ing  a  license  plate;  and  to  amend the public authorities law, in
   relation to authorizing public authorities with  bridges,  tunnels  or
   highways  under  their  jurisdiction  to  enter  judgments  for unpaid
   liabilities for a violation of toll collection regulations and enforce
   such judgments without court proceedings (Subpart A); and to amend the
   public authorities law, in relation to the payment of tolls under  the
   tolls by mail program (Subpart B) (Part WW); to provide for the admin-
   istration of certain funds and accounts related to the 2023-2024 budg-
   et,  authorizing  certain  payments  and transfers; to amend the state
   finance law, in relation to the administration of  certain  funds  and
   accounts, in relation to the effectiveness thereof, and in relation to
   interest  owed  on  outstanding  balances  of debt; to amend part D of
   chapter 389 of the laws of 1997  relating  to  the  financing  of  the
   correctional  facilities  improvement  fund  and  the  youth  facility
   improvement fund, in relation to the  issuance  of  certain  bonds  or
   notes;  to amend the private housing finance law, in relation to hous-
   ing program bonds and notes; to amend the public authorities  law,  in
   relation  to  the issuance of bonds and notes by the dedicated highway
   and bridge trust  fund;  to  amend  the  public  authorities  law,  in
   relation to the issuance of bonds and notes for city university facil-
   ities;  to  amend the public authorities law, in relation to the issu-
   ance of bonds for library construction projects; to amend  the  public
   authorities  law,  in  relation  to  the  issuance  of bonds for state
   university educational facilities; to  amend  the  public  authorities
   law,  in relation to the issuance of bonds and notes for locally spon-
   sored community colleges; to amend chapter 392 of the  laws  of  1973,
   constituting the New York state medical care facilities finance agency
   act,  in relation to the issuance of mental health services facilities
   improvement bonds and notes; to amend part K of chapter 81 of the laws
   of 2002, relating to providing for the administration of certain funds
   and accounts related to the 2002-2003 budget, in relation to the issu-
   ance of bonds and notes to finance capital costs related  to  homeland
   security;  to  amend  chapter 174 of the laws of 1968 constituting the
   urban development corporation act, in  relation  to  the  issuance  of
   bonds and notes for purposes of funding office of information technol-
   ogy  services project costs; to amend chapter 329 of the laws of 1991,
   amending the state finance law and other laws relating to  the  estab-
   lishment  of  the dedicated highway and bridge trust fund, in relation
   to the issuance of funds to the thruway authority;  to  amend  chapter
   174 of the laws of 1968 constituting the urban development corporation
   act,  in relation to the issuance of bonds and notes to fund costs for
   statewide equipment; to amend the public authorities law, in  relation
   to  the  issuance  of  bonds  for  purposes of financing environmental
   infrastructure projects; to amend part D of chapter 389 of the laws of
   1997,  relating  to  the  financing  of  the  correctional  facilities
   improvement  fund and the youth facility improvement fund, in relation
   to the issuance of bonds and notes for the youth  facilities  improve-
   ment  fund;  to  amend  the public authorities law, in relation to the
   issuance of bonds and notes for the purpose of financing peace  bridge
   projects and capital costs of state and local highways; to amend chap-
   ter  174 of the laws of 1968 constituting the urban development corpo-
 S. 8306--C                          6                         A. 8806--C
 
   ration act, in relation to the issuance of bonds for economic develop-
   ment initiatives; to amend part Y of chapter 61 of the laws  of  2005,
   relating  to  providing  for  the  administration of certain funds and
   accounts  related to the 2005-2006 budget, in relation to the issuance
   of bonds and notes for the purpose of financing capital  projects  for
   the  division  of  military and naval affairs; to amend chapter 174 of
   the laws of 1968 constituting the urban development  corporation  act,
   in  relation  to the issuance of bonds for special education and other
   educational facilities;  to  amend  the  public  authorities  law,  in
   relation to the issuance of bonds and notes for the purpose of financ-
   ing  the  construction  of  the New York state agriculture and markets
   food laboratory; to amend section 1 of part D of  chapter  63  of  the
   laws  of 2005, relating to the composition and responsibilities of the
   New York state higher  education  capital  matching  grant  board,  in
   relation to higher education capital matching grants; to amend chapter
   392  of the laws of 1973, constituting the New York state medical care
   facilities finance agency act, in relation to including  comprehensive
   psychiatric emergency programs and housing for mentally ill persons in
   the  definition of mental health services facility; to amend the state
   finance law, in relation to the private sale of certain revenue bonds,
   and in relation to including assets that provide a long-term  interest
   in land in the definition of fixed assets; to amend the public author-
   ities  law,  in  relation to bond issuance charges; to amend the state
   finance law, in relation to the redemption price  of  certain  revenue
   bonds; to amend chapter 174 of the laws of 1968 constituting the urban
   development  corporation  act, in relation to the issuance of personal
   income tax revenue anticipation notes; to amend the public authorities
   law, in relation to the issuance of bonds or notes for the purpose  of
   assisting  the  metropolitan transportation authority in the financing
   of transportation facilities; and providing for the repeal of  certain
   provisions  upon expiration thereof (Part XX); to amend chapter 141 of
   the laws of 1994, amending the legislative law and the  state  finance
   law  relating  to the operation and administration of the legislature,
   in relation to extending such  provisions  (Part  YY);  to  amend  the
   education  law,  in  relation  to school governance in the city of New
   York; and to amend 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, and chapter 345 of the laws of 2009 amending the education law
   and other laws relating to the New York city board of education, chan-
   cellor,  community councils and community superintendents, in relation
   to the effectiveness thereof (Part ZZ); to amend the economic develop-
   ment law, in relation to  establishing  the  newspaper  and  broadcast
   media  jobs  program;  and to amend the tax law, in relation to estab-
   lishing the newspaper and broadcast media jobs tax credit (Part  AAA);
   and  to  amend the tax law, in relation to a payment of a supplemental
   empire state child credit (Part BBB)
 
   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 BBB. The
 S. 8306--C                          7                         A. 8806--C
 
 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-
 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
 S. 8306--C                          8                         A. 8806--C
 
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand thirteen--two
 thousand fourteen school year;  and  provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 fourteen--two thousand fifteen school year, unless all  schools  in  the
 district are identified as in good standing, shall submit a contract for
 excellence  for  the  two  thousand fifteen--two thousand sixteen school
 year which shall, notwithstanding the requirements of subparagraph  (vi)
 of  paragraph  a  of  subdivision  two  of this section, provide for the
 expenditure of an amount  which  shall  be  not  less  than  the  amount
 approved  by the commissioner in the contract for excellence for the two
 thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
 further  that a school district that submitted a contract for excellence
 for the two thousand fifteen--two thousand sixteen school  year,  unless
 all  schools  in  the district are identified as in good standing, shall
 submit a contract for excellence for the two thousand sixteen--two thou-
 sand seventeen school year which shall, notwithstanding the requirements
 of subparagraph (vi) of paragraph a of subdivision two of this  section,
 provide  for  the  expenditure of an amount which shall be not less than
 the amount approved by the commissioner in the contract  for  excellence
 for  the  two  thousand  fifteen--two  thousand sixteen school year; and
 provided further that, a school district that submitted a  contract  for
 excellence  for  the two thousand sixteen--two thousand seventeen school
 year, unless all schools in the  district  are  identified  as  in  good
 standing,  shall  submit  a contract for excellence for the two thousand
 seventeen--two thousand eighteen school year which shall,  notwithstand-
 ing  the requirements of subparagraph (vi) of paragraph a of subdivision
 two of this section, provide for the  expenditure  of  an  amount  which
 shall  be  not  less than the amount approved by the commissioner in the
 contract for excellence  for  the  two  thousand  sixteen--two  thousand
 seventeen  school year; and provided further that a school district that
 submitted a contract for excellence for the two thousand  seventeen--two
 thousand  eighteen  school  year, unless all schools in the district are
 identified as in good standing, shall submit a contract  for  excellence
 for  the  two thousand eighteen--two thousand nineteen school year which
 shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
 graph  a of subdivision two of this section, provide for the expenditure
 of an amount which shall be not less than the  amount  approved  by  the
 commissioner  in the contract for excellence for the two thousand seven-
 teen--two thousand eighteen school year; and provided  further  that,  a
 school  district  that  submitted  a contract for excellence for the two
 thousand eighteen--two thousand nineteen school year, unless all schools
 in the district are identified as  in  good  standing,  shall  submit  a
 contract  for  excellence  for  the  two thousand nineteen--two thousand
 twenty school year which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand eighteen--two thousand nineteen  school  year;  and
 provided  further  that, a school district that submitted a contract for
 excellence for the two thousand  nineteen--two  thousand  twenty  school
 year,  unless  all  schools  in  the  district are identified as in good
 standing, shall submit a contract for excellence for  the  two  thousand
 twenty--two thousand twenty-one school year which shall, notwithstanding
 the  requirements of subparagraph (vi) of paragraph a of subdivision two
 of this section, provide for the expenditure of an amount which shall be
 S. 8306--C                          9                         A. 8806--C
 
 not less than the amount approved by the commissioner  in  the  contract
 for excellence for the two thousand nineteen--two thousand twenty school
 year;  and  provided  further  that,  a school district that submitted a
 contract  for excellence for the two thousand twenty--two thousand twen-
 ty-one school year, unless all schools in the district are identified as
 in good standing, shall submit a contract for  excellence  for  the  two
 thousand  twenty-one--two  thousand  twenty-two school year which shall,
 notwithstanding the requirements of subparagraph (vi) of paragraph a  of
 subdivision  two  of  this  section,  provide  for the expenditure of an
 amount which shall be not less than the amount approved by  the  commis-
 sioner  in  the contract for excellence for the two thousand twenty--two
 thousand twenty-one school year; and provided  further  that,  a  school
 district  that  submitted a contract for excellence for the two thousand
 twenty-one--two thousand twenty-two school year, unless all  schools  in
 the district are identified as in good standing, shall submit a contract
 for  excellence  for  the  two thousand twenty-two--two thousand twenty-
 three school year  which  shall,  notwithstanding  the  requirements  of
 subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
 provide for the expenditure of an amount which shall be  not  less  than
 the  amount  approved by the commissioner in the contract for excellence
 for the two thousand twenty-one--two thousand  twenty-two  school  year;
 and  provided  further that, a school district that submitted a contract
 for excellence for the two  thousand  twenty-two--two  thousand  twenty-
 three  school year, unless all schools in the district are identified as
 in good standing, shall submit a contract for  excellence  for  the  two
 thousand twenty-three--two thousand twenty-four school year which shall,
 notwithstanding  the requirements of subparagraph (vi) of paragraph a of
 subdivision two of this section,  provide  for  the  expenditure  of  an
 amount  which  shall be not less than the amount approved by the commis-
 sioner in the contract for excellence for the two thousand  twenty-two--
 two  thousand  twenty-three  school  year;  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-
 S. 8306--C                         10                         A. 8806--C
 
 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 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  foun-
 dation  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  foundation  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 payable 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 subdivision, and provided further that for  the  two
 thousand sixteen--two thousand 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 subdivision 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
 S. 8306--C                         11                         A. 8806--C

 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
 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  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 adjust-
 ment, 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 thou-
 sand eight through two thousand seventeen--two thousand eighteen  school
 years,  the  foundation amount shall be further adjusted by the phase-in
 S. 8306--C                         12                         A. 8806--C

 foundation percent established pursuant to paragraph b of this  subdivi-
 sion],  PROVIDED  THAT  FOR  THE  TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
 TWENTY-FIVE SCHOOL YEAR, THE PERCENTAGE INCREASE IN THE  CONSUMER  PRICE
 INDEX SHALL BE DEEMED TO BE TWO AND EIGHT-TENTHS PERCENT (0.028).
   (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
 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 c 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:
   c. Public excess cost aid setaside. Each  school  district  shall  set
 aside from its total foundation aid computed for the current year pursu-
 ant  to  this  subdivision  an  amount  equal to the product of: (i) the
 difference between the  amount  the  school  district  was  eligible  to
 receive in the two thousand six--two thousand seven school year pursuant
 to  or  in lieu of paragraph six of subdivision nineteen of this section
 as such paragraph existed on June thirtieth, two thousand  seven,  minus
 the  amount such district was eligible to receive pursuant to or in lieu
 of paragraph five of subdivision nineteen of this section as such  para-
 graph  existed  on  June  thirtieth,  two thousand seven, in such school
 year, and (ii) the sum of one and the percentage increase in the consum-
 er price index for the current year over such consumer price  index  for
 the  two  thousand  six--two  thousand  seven school year, as defined by
 paragraph hh of subdivision one  of  this  section,  PROVIDED  THAT  THE
 PERCENTAGE  INCREASE  IN  THE  CONSUMER PRICE INDEX FOR THE TWO THOUSAND
 S. 8306--C                         13                         A. 8806--C

 TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL  YEAR  OVER  SUCH  CONSUMER
 PRICE  INDEX  FOR  THE  TWO THOUSAND SIX--TWO THOUSAND SEVEN SCHOOL YEAR
 SHALL BE DEEMED TO BE FIFTY-FOUR AND ONE-TENTH PERCENT (0.541). Notwith-
 standing  any  other provision of law to the contrary, the public excess
 cost aid setaside shall be paid pursuant to section  thirty-six  hundred
 nine-b of this part.
   §  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, b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of
 section  3602  of  the  education  law are REPEALED and paragraph b-1 is
 relettered paragraph b.
   § 7. Paragraph k of subdivision 4 of section 3602 of the education law
 is REPEALED.
   § 8. The closing paragraph of subdivision 3 of  section  3602  of  the
 education  law,  as  added  by section 13 of part B of chapter 57 of the
 laws of 2007, is amended to read as follows:
   Such result shall be expressed as a decimal carried  to  three  places
 without  rounding,  but  shall not be greater than ninety hundredths nor
 less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE
 STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO  THOUSAND  TWEN-
 TY-FOUR--TWO  THOUSAND  TWENTY-FIVE  SCHOOL  YEAR  AND  THEREAFTER, SUCH
 RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS.
   § 9.  Foundation aid study. 1. The Nelson A.  Rockefeller institute of
 government of the state university of New York ("the  institute")  shall
 conduct  a  comprehensive  study  of  the  foundation  aid formula ("the
 study"). The institute, in consultation with the state education depart-
 ment, the division of the budget,  and  any  other  state  agencies  the
 institute deems necessary, shall examine, evaluate, and recommend poten-
 tial  modifications  to  the  calculation  of foundation aid pursuant to
 subdivision 4 of section 3602 of the education law. The institute  shall
 contract  with  third  parties  as  necessary to complete the study. The
 institute shall gather and consider feedback provided  by  a  broad  and
 diverse  range  of  stakeholders, including but not limited to education
 organizations, teachers,  parents,  school  administrators,  and  school
 boards.  The  institute shall hold at least three public hearings across
 the state to gather input from such stakeholders.
   2. The results, findings, and recommendations of the  study  shall  be
 for study purposes only, shall not be considered binding upon the execu-
 tive  or  the  legislature  in  any  manner, and shall not establish the
 constitutional minimum cost to provide an opportunity for a sound  basic
 education.
   3.  The  foundation aid formula, as modified by the recommendations of
 the study, shall achieve the following:
   (a) be fiscally sustainable for the state, local taxpayers, and school
 districts; and
   (b) calculate foundation aid payable for all school districts consist-
 ently using only the most recent year or  years  of  available  data  on
 pupil  counts,  student  needs, district income and property wealth, and
 other formula components.
 S. 8306--C                         14                         A. 8806--C
 
   4. The study shall evaluate each current component of  the  foundation
 aid  formula  and  recommend whether to retain, modify, or eliminate the
 component, and may evaluate and recommend new components to add  to  the
 formula.  Such evaluation shall consider relevant data and research. The
 components  to  be  so evaluated shall include but not be limited to the
 following:
   (a) the foundation amount of instructional spending per pupil;
   (b) the additional weightings for pupil needs, such as  for  free  and
 reduced-price  lunch, census poverty, English language learners, sparsi-
 ty, and pupils with disabilities;
   (c) the adjustment for regional cost differences;
   (d) the calculation of school districts' relative wealth;
   (e) the expected minimum local contribution toward the adjusted  foun-
 dation amount; and
   (f)  the  pupil  counts,  such  as public enrollment and average daily
 membership.
   5. In support of its recommendations, the study  shall  at  a  minimum
 examine the following:
   (a) New York's overall state and local system of funding public educa-
 tion compared to those of other states, including but not limited to the
 methodologies and levels of funding;
   (b)  the  extent  to  which  the current calculation of the foundation
 amount is inconsistent with current  adjustments  for  pupil  needs  and
 regional  cost differences and includes costs supported by other non-lo-
 cal revenues;
   (c) the additional instructional costs associated with addressing  the
 needs  of certain groups of students, including whether and how to prop-
 erly weight students belonging to multiple such groups;
   (d) the extent to which teacher salaries, other professional salaries,
 the cost of living, and school  district  spending  per  pupil  vary  by
 region;
   (e)  the  formula's  adjusted  foundation  amount  compared  to school
 districts' actual spending on the costs intended to be supported by such
 amount;
   (f) the formula's expected  minimum  local  contribution  compared  to
 school districts' actual local contribution and fiscal capacity, includ-
 ing  but  not limited to property tax levy, unexpended surplus in excess
 of the limit established by section 1318 of the real property  tax  law,
 and other potential offsets;
   (g)  the  extent to which school districts' property tax rates vary by
 districts' relative income; and
   (h) school districts' overall financial  condition,  including  annual
 operating  deficits  or  surpluses  and  accumulated  fund  balances and
 reserves.
   6. The institute shall submit a report of its findings and recommenda-
 tions to the governor, the temporary president of the  senate,  and  the
 speaker of the assembly on or before December 1, 2024.
   § 10. Intentionally omitted.
   §  10-a. Paragraph d-1 of subdivision 14 of section 3602 of the educa-
 tion law, as added by section 17-a of part B of chapter 57 of  the  laws
 of 2007, is amended to read as follows:
   d-1.  For purposes of paragraph d of this subdivision, "selected oper-
 ating aid per pupil" shall  mean  the  apportionment  computed  for  the
 2006-07  school  year, based on data on file with the commissioner as of
 the date upon which an electronic data file was created for the purposes
 of compliance with paragraph b  of  subdivision  twenty-one  of  section
 S. 8306--C                         15                         A. 8806--C
 
 three hundred five of this chapter on February fifteenth[, as: the prod-
 uct of (i) the state sharing ratio calculated pursuant to paragraph g of
 subdivision  three  of  this  section and (ii) the sum of $3,900 and the
 product  of (a) the lesser of $8,000 or the expense per pupil as defined
 in subdivision one of this section minus $3,900 and (b) the  greater  of
 the  quotient,  computed  to  four  decimals  without  rounding, of .075
 divided by the school district combined wealth ratio calculated pursuant
 to paragraph c of subdivision three of this section or 7.5 percent,  but
 not  less than $400, and the selected apportionment shall mean the prod-
 uct of the district's total aidable pupil units calculated  pursuant  to
 subdivision two of this section and the selected operating aid per pupil
 as  calculated  pursuant  to  the provisions contained herein], PROVIDED
 FURTHER THAT FOR SCHOOL DISTRICTS WHICH  REORGANIZE  ON  OR  AFTER  JULY
 FIRST,  TWO  THOUSAND  TWENTY-FOUR,  FOR PURPOSES OF PARAGRAPH D OF THIS
 SUBDIVISION, "SELECTED OPERATING AID PER PUPIL"  SHALL  MEAN  THE  TOTAL
 FOUNDATION  AID  BASE, AS DEFINED PURSUANT TO PARAGRAPH J OF SUBDIVISION
 ONE OF THIS SECTION, CALCULATED AS OF THE EFFECTIVE DATE OF THE REORGAN-
 IZATION.
   § 11. Subparagraphs 2 and 3 of  paragraph  b  of  subdivision  6-f  of
 section  3602  of the education law, as added by section 19 of part H of
 chapter 83 of the laws of 2002,  are amended to read as follows:
   (2) is a construction emergency project to remediate  emergency  situ-
 ations  which  arise  in public school buildings and threaten the health
 and/or safety of building occupants, as a result  of  the  unanticipated
 discovery  of asbestos or other hazardous substances during construction
 work on a school or significant damage caused by a fire, snow storm, ice
 storm, excessive rain, high winds, flood or a similar catastrophic event
 which results in the necessity for immediate repair[; and/or
   (3) if bonded pursuant to paragraph  j  of  subdivision  six  of  this
 section,  would  cause  a  city school district in a city having a popu-
 lation of less than one  hundred  twenty-five  thousand  inhabitants  to
 exceed  ninety-five  percent  of its constitutional debt limit provided,
 however, that any debt issued pursuant to paragraph c of section  104.00
 of the local finance law shall not be included in such calculation].
   § 11-a. Subparagraph 9 of paragraph a of subdivision 6 of section 3602
 of  the  education  law, as added by chapter 617 of the laws of 2021, is
 renumbered subparagraph 11 and a new subparagraph 12 is added to read as
 follows:
   (12) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE  CONTRARY,  FOR
 THE  PURPOSE  OF  COMPUTATION  OF  BUILDING AID FOR CONSTRUCTION, RECON-
 STRUCTION OR MODERNIZING OF NO MORE THAN ONE PROJECT BY  THE  BINGHAMTON
 CITY  SCHOOL  DISTRICT, MULTI-YEAR COST ALLOWANCES FOR THE PROJECT SHALL
 BE ESTABLISHED AND UTILIZED TWO TIMES IN  THE  FIRST  FIVE-YEAR  PERIOD.
 SUBSEQUENT  MULTI-YEAR  COST  ALLOWANCES  SHALL BE ESTABLISHED NO SOONER
 THAN TEN YEARS AFTER ESTABLISHMENT OF THE FIRST MAXIMUM  COST  ALLOWANCE
 AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
   §  12. The opening paragraph of subdivision 2 of section 3623-a of the
 education law, as added by chapter 474 of the laws of 1996,  is  amended
 to read as follows:
   Allowable transportation capital, debt service and lease expense shall
 include  base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION,
 NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
 ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS  PROVIDED  IN  PARA-
 GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
   §  13. Subdivision 3 of section 3623-a of the education law is amended
 by adding added a new paragraph d to read as follows:
 S. 8306--C                         16                         A. 8806--C
 
   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-
 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.
   § 13-a. Subdivision 4 of section 3627 of the education law, as amended
 by section 18-a of part A of chapter 56 of the laws of 2023, is  amended
 to read as follows:
   4.  Notwithstanding  any  other  provision of law to the contrary, any
 expenditures for transportation provided pursuant to this section in the
 two thousand thirteen--two thousand fourteen school year and  thereafter
 and  otherwise  eligible  for transportation aid pursuant to subdivision
 seven of section thirty-six hundred two of this article shall be consid-
 ered approved transportation expenses eligible for  transportation  aid,
 provided  further that for the two thousand thirteen--two thousand four-
 teen school year such aid shall be limited to eight million one  hundred
 thousand dollars and for the two thousand fourteen--two thousand fifteen
 school  year  such aid shall be limited to the sum of twelve million six
 hundred thousand dollars plus the base amount and for the  two  thousand
 fifteen--two  thousand  sixteen  school  year through two thousand eigh-
 teen--two thousand nineteen school year such aid shall be limited to the
 sum of eighteen million eight hundred fifty thousand  dollars  plus  the
 base  amount  and  for  the  two  thousand nineteen--two thousand twenty
 school year such aid shall be limited to the  sum  of  nineteen  million
 three  hundred  fifty  thousand dollars plus the base amount and for the
 S. 8306--C                         17                         A. 8806--C
 
 two thousand twenty--two thousand twenty-one school year such aid  shall
 be  limited  to the sum of nineteen million eight hundred fifty thousand
 dollars plus the base amount and for the  two  thousand  twenty-two--two
 thousand  twenty-three  school year such aid shall be limited to the sum
 of twenty-two million three hundred fifty thousand dollars plus the base
 amount and for the two thousand twenty-three--two  thousand  twenty-four
 school  year  [and  thereafter]  such aid shall be limited to the sum of
 twenty-four million eight hundred fifty thousand dollars plus  the  base
 amount  AND  FOR  THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
 SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE SUM OF TWEN-
 TY-NINE MILLION EIGHT HUNDRED  FIFTY  THOUSAND  DOLLARS  PLUS  THE  BASE
 AMOUNT.    For  purposes  of  this  subdivision, "base amount" means the
 amount of transportation aid paid to the school  district  for  expendi-
 tures  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 subdivi-
 sion one of this section at least the expenditures  used  for  the  base
 amount.
   § 13-b. New York state zero-emission school bus resource center. There
 shall  be  established  within  the  New  York state energy research and
 development authority a center to be known as the "New York state  zero-
 emission school bus resource center". Such center shall provide informa-
 tion  for  school  districts  regarding  the transition to zero-emission
 school buses pursuant to section 3638 of the  education  law  and  shall
 serve  as  a  point  of  contact  for questions and concerns from school
 districts, including those that may  require  referral  or  consultation
 with  other agencies. The New York state energy research and development
 authority may partner with other departments  and  agencies  to  produce
 guidance  and  instructional  materials, regularly updated as needed, in
 response to frequently asked inquiries and issues from school districts.
 The New York state energy research and development authority shall main-
 tain a dedicated webpage  containing  information  for  the  public  and
 school districts regarding the transition to zero-emission school buses,
 including  guidance, instructional materials, funding opportunities, and
 any other relevant documents or forms, and such  webpage  shall  include
 electronic and telephone contact information of the New York state zero-
 emission school bus resource center.
   §  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.
 S. 8306--C                         18                         A. 8806--C
 
   §  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".
   § 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-
 S. 8306--C                         19                         A. 8806--C
 
 dren  enrolled  in  a  universal  pre-kindergarten  program  pursuant to
 section thirty-six hundred two-e of this part.
   §  17-a.  1.  The  commissioner  of education is hereby authorized and
 directed to conduct a study on the consolidation of all of the  pre-kin-
 dergarten  funding  streams  and  to  make  recommendations on potential
 modifications to streamline the universal pre-kindergarten 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; and
   (c) differences in payment schedules.
   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.
   § 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
 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
 S. 8306--C                         20                         A. 8806--C
 
 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
 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
 S. 8306--C                         21                         A. 8806--C
 
 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] TWENTY-FOUR--two thousand
 [twenty-four] 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 appro-
 priation for the general support for public schools for  the  prescribed
 payments  and  individualized  payments due prior to April first for the
 current year plus the apportionment payable during  the  current  school
 year  pursuant  to  subdivision six-a and subdivision fifteen of section
 thirty-six hundred two of this part minus any reductions to current year
 aids pursuant to subdivision seven of section thirty-six hundred four of
 this part or any deduction from apportionment payable pursuant  to  this
 chapter  for  collection  of  a  school  district  basic contribution as
 defined in subdivision eight of section forty-four hundred one  of  this
 chapter,  less  any  grants  provided  pursuant to subparagraph two-a of
 paragraph b of subdivision four of section  ninety-two-c  of  the  state
 finance  law,  less  any grants provided pursuant to subdivision five of
 section ninety-seven-nnnn of the state  finance  law,  less  any  grants
 provided  pursuant  to  subdivision twelve of section thirty-six hundred
 forty-one of this article, or (ii) the apportionment calculated  by  the
 commissioner based on data on file at the time the payment is processed;
 provided however, that for the purposes of any payments made pursuant to
 this  section  prior  to  the  first business day of June of the current
 year, moneys apportioned shall not include any aids payable pursuant  to
 subdivisions  six  and  fourteen,  if  applicable, of section thirty-six
 hundred two of this part as current year aid for debt  service  on  bond
 anticipation  notes and/or bonds first issued in the current year or any
 aids payable for full-day kindergarten for the current year pursuant  to
 subdivision  nine  of  section  thirty-six hundred two of this part. The
 definitions of "base year" and "current year" as set forth  in  subdivi-
 sion  one  of section thirty-six hundred two of this part shall apply to
 this section. For aid payable in the two thousand  [twenty-three]  TWEN-
 TY-FOUR--two  thousand  [twenty-four] 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:
 S. 8306--C                         22                         A. 8806--C
 
   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-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
 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
 S. 8306--C                         23                         A. 8806--C
 
 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
 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
 S. 8306--C                         24                         A. 8806--C
 
 million four hundred six thousand nine hundred  twenty-six  (1,406,926);
 [and] for the 2023--2024 school year such contact hours shall not exceed
 one  million  three hundred forty-two thousand nine hundred seventy-five
 (1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
 NOT  EXCEED  ONE MILLION TWO HUNDRED TWENTY-EIGHT THOUSAND SEVEN HUNDRED
 THIRTY-THREE (1,228,733). Notwithstanding any other provision of law  to
 the  contrary, the apportionment calculated for the city school district
 of the city of New York pursuant to subdivision 11 of  section  3602  of
 the education law shall be computed as if such contact hours provided by
 the consortium for worker education, not to exceed the contact hours set
 forth herein, were eligible for aid in accordance with the provisions of
 such subdivision 11 of section 3602 of the education law.
   §  28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker  education  in New York city, is amended by adding a new subdivi-
 sion cc to read as follows:
   CC. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
 COMPLETION  OF PAYMENTS FOR THE 2024--2025 SCHOOL YEAR.  NOTWITHSTANDING
 ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
 WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
 COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
 TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
 AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
   §  29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
 ing a program for work force education conducted by the  consortium  for
 worker education in New York city, as amended by section 22 of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
 repealed June 30, [2024] 2025.
   § 29-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
 tion law, as amended by section 22-a of part A of chapter 56 of the laws
 of 2023, is amended to read as follows:
   a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
 sion, for aid payable in the school years two thousand--two thousand one
 through two thousand nine--two thousand ten, and two  thousand  eleven--
 two thousand twelve through two thousand [twenty-three] TWENTY-FOUR--two
 thousand  [twenty-four]  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 age  or  older  who  have  not  been
 enrolled  in any school for the preceding school year, including persons
 who have received a high  school  diploma  or  high  school  equivalency
 diploma  but  fail  to  demonstrate  basic  educational  competencies as
 defined in regulation by the commissioner,  when  measured  by  accepted
 standardized tests, and who shall be eligible to attend employment prep-
 aration education programs operated pursuant to this subdivision.
   §  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
 S. 8306--C                         25                         A. 8806--C
 
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon  certification by the director of the budget of the availability of
 a grant in the same amount from  the  elementary  and  secondary  school
 emergency  relief funds provided through the American rescue plan act of
 2021 (P.L. 117-2).  PROVIDED FURTHER THAT FOR EXPENSES INCURRED  IN  THE
 TWO  THOUSAND  TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
 CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION  OF  ONE  MILLION  OR
 MORE,  THE  ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
 DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF  THE  BUDGET
 OF  THE  AVAILABILITY  OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
 AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE  AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L.  117-2).
   §  31. Paragraph (c) of subdivision 1 of section 2856 of the education
 law, as amended by section 36-d of part A of chapter 56 of the  laws  of
 2021, is amended to read as follows:
   (c)  School  districts  shall  be eligible for an annual apportionment
 equal to the amount of the supplemental basic tuition  for  the  charter
 school  in  the  base year for the expenses incurred in the two thousand
 fourteen--two  thousand  fifteen,  two  thousand  fifteen--two  thousand
 sixteen,  two  thousand sixteen--two thousand seventeen school years and
 thereafter. Provided that for expenses  incurred  in  the  two  thousand
 twenty--two  thousand twenty-one school year, for a city school district
 in a city having a population of one million or more, the annual  appor-
 tionment  shall  be reduced by thirty-five million dollars ($35,000,000)
 upon certification by the director of the budget of the availability  of
 a  grant  in  the  same  amount from the elementary and secondary school
 emergency relief funds provided through the American rescue plan act  of
 2021  (P.L. 117-2).   PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
 TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR,  FOR  A
 CITY  SCHOOL  DISTRICT  IN  A CITY HAVING A POPULATION OF ONE MILLION OR
 MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY  THIRTY-FIVE  MILLION
 DOLLARS  ($35,000,000)  UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
 OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT  FROM  THE  ELEMENTARY
 AND  SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
 CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
   § 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.
   §  32-a. Subdivision b of section 5 of chapter 537 of the laws of 1976
 relating to paid, free and reduced price breakfast for  eligible  pupils
 in  certain  school  districts,  as amended by section 22-b of part A of
 chapter 56 of the laws of 2022, is amended to read as follows:
   b. Notwithstanding any monetary limitations  with  respect  to  school
 lunch  programs  contained  in  any  law or regulation, for school lunch
 meals served in the school year commencing July 1, 2022 and each July  1
 S. 8306--C                         26                         A. 8806--C
 
 thereafter, a school food authority shall be eligible for a [lunch meal]
 State  subsidy  [of  twenty-five  cents,  which shall include any annual
 State subsidy received by such school food  authority  under  any  other
 provision  of State law] EQUAL TO $0.1901 PER FREE AND PAID SCHOOL LUNCH
 MEAL, AND $0.0519 PER REDUCED-PRICE LUNCH MEAL,  for  any  school  lunch
 meal served by such school food authority; provided that the school food
 authority certifies to the Department of Agriculture and Markets through
 the application submitted pursuant to subdivision c of this section that
 such  food  authority has purchased at least thirty percent of its total
 cost of food products for its school lunch service program from New York
 state farmers, growers, producers or processors in the preceding  school
 year.
   § 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.
   §  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
 S. 8306--C                         27                         A. 8806--C
 
 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
 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
 S. 8306--C                         28                         A. 8806--C
 
 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
 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-a. Subdivision a of section 5 of chapter 121 of the laws of 1996
 authorizing the Roosevelt union free school district to finance deficits
 by the issuance of serial bonds, as amended by section 30-a of part A of
 chapter 56 of the laws of 2023, is amended to read as follows:
   a. Notwithstanding any other provisions of law,  upon  application  to
 the  commissioner of education submitted not sooner than April first and
 not later than June thirtieth of the applicable school year, the  Roose-
 velt  union  free school district shall be eligible to receive an appor-
 tionment pursuant to this chapter for salary expenses, including related
 benefits, incurred between April first and June thirtieth of such school
 year.  Such apportionment shall not exceed: for the 1996-97 school  year
 through   the  [2023-24]  2024-25  school  year,  four  million  dollars
 ($4,000,000); for the  [2024-25]  2025-26  school  year,  three  million
 dollars ($3,000,000); for the [2025-26] 2026-27 school year, two million
 dollars ($2,000,000); for the [2026-27] 2027-28 school year, one million
 dollars  ($1,000,000);  and  for the [2027-28] 2028-29 school year, zero
 dollars.   Such annual application shall be  made  after  the  board  of
 education  has  adopted  a  resolution to do so with the approval of the
 commissioner of education.
 S. 8306--C                         29                         A. 8806--C
 
   § 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
 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
 S. 8306--C                         30                         A. 8806--C
 
 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.
   § 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
 S. 8306--C                         31                         A. 8806--C
 
 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-a,  twelve,
 thirteen,  thirteen-a,  fourteen, fifteen, sixteen, seventeen, eighteen,
 twenty-three, twenty-four, twenty-five  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.  section  nine  of this act shall take effect immediately and shall
 expire and be deemed repealed December 31, 2024;
   4. section thirteen-b of this act shall take effect 90 days  after  it
 shall  have become a law and shall expire and be deemed repealed July 1,
 2035;
   5. section seventeen-a of this act shall expire and be deemed repealed
 April 1, 2025;
   6. 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;
   7. 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; and
   8. section thirty-two-a of this act shall take effect immediately  and
 shall  be deemed to have been in full force and effect on and after July
 1, 2023.
 
                                  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 JANUARY FIRST, TWO THOUSAND  TWENTY-FIVE,  THE  COMMIS-
 SIONER  SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRAC-
 TICES 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
 COMPETENCY IN THE  AREAS  OF  PHONEMIC  AWARENESS,  PHONICS,  VOCABULARY
 DEVELOPMENT,  READING FLUENCY, COMPREHENSION, INCLUDING BACKGROUND KNOW-
 LEDGE, ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH
 THE  DEPARTMENT'S  CULTURALLY  RESPONSIVE-SUSTAINING  FRAMEWORK.    SUCH
 INSTRUCTIONAL  BEST  PRACTICES  SHALL  BE  PERIODICALLY  UPDATED  BY THE
 COMMISSIONER WHERE APPROPRIATE.
   (B) EVERY SCHOOL DISTRICT SHALL ANNUALLY REVIEW THEIR  CURRICULUM  AND
 INSTRUCTIONAL  PRACTICES IN THE SUBJECT OF READING FOR STUDENTS IN PREK-
 INDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY ALIGN WITH THE READ-
 ING INSTRUCTIONAL BEST PRACTICES PROVIDED BY THE COMMISSIONER, AND  THAT
 ALL  EARLY READING INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE PART OF
 S. 8306--C                         32                         A. 8806--C
 
 AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT READING OUTCOMES IN  PREKIN-
 DERGARTEN THROUGH GRADE THREE.
   2. FOR THE PURPOSE OF THIS SECTION, "EVIDENCE-BASED AND SCIENTIFICALLY
 BASED",   "PHONEMIC   AWARENESS",  "COMPREHENSION",  "READING  FLUENCY",
 "VOCABULARY DEVELOPMENT", "CULTURALLY RESPONSIVE-SUSTAINING  FRAMEWORK",
 AND  SUCH  OTHER  TERMS  NECESSARY TO IMPLEMENT THIS SECTION SHALL BE AS
 DEFINED BY THE COMMISSIONER IN REGULATIONS.
   3. ON OR BEFORE  SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-FIVE,  EVERY
 SCHOOL  DISTRICT  SHALL VERIFY TO THE COMMISSIONER THAT THEIR CURRICULUM
 AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING IN PREKINDERGARTEN
 THROUGH GRADE THREE ALIGN WITH ALL OF THE ELEMENTS OF THE  INSTRUCTIONAL
 BEST PRACTICES PROVIDED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
   § 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.  THE COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT TO ENSURE
 VERIFICATION OF ONE OF THE FOLLOWING FROM THE PARENT OR GUARDIAN OF EACH
 STUDENT OR FROM THE STUDENT IF THE STUDENT IS EIGHTEEN YEARS OF  AGE  OR
 OLDER  OR  LEGALLY  EMANCIPATED,  DURING  THE  SCHOOL  YEAR IN WHICH THE
 STUDENT IS A SENIOR ENROLLED IN SUCH SCHOOL DISTRICT: (1) COMPLETION  OF
 EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID 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 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  FREE
 APPLICATION  FOR FEDERAL STUDENT AID OR, IF APPLICABLE, THE JOSE PERALTA
 NEW YORK STATE DREAM ACT APPLICATION ARE AND HAS CHOSEN NOT TO  FILE  AN
 APPLICATION PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARA-
 GRAPH.  FOR  PURPOSES OF THIS SUBDIVISION, VERIFICATION OF COMPLETION OF
 EITHER THE FREE APPLICATION FOR FEDERAL STUDENT AID OR THE JOSE  PERALTA
 NEW YORK STATE DREAM ACT APPLICATION SHALL NOT REQUIRE A PARENT, GUARDI-
 AN, OR STUDENT TO IDENTIFY WHICH TYPE OF APPLICATION WAS COMPLETED.
   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 THAT HAVE COMPLETED EITHER THE FREE
 APPLICATION FOR FEDERAL STUDENT AID 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 SUBDIVISION; 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  NOTIFY  EACH  HIGH SCHOOL SENIOR, NO LESS THAN TWO TIMES DURING EACH
 SCHOOL YEAR, OF THE  STATE-SPONSORED  SCHOLARSHIPS,  FINANCIAL  AID  AND
 ASSISTANCE  AVAILABLE  TO  STUDENTS  ATTENDING COLLEGE OR POST-SECONDARY
 EDUCATION, AND  TO  PROVIDE  REFERRALS  FOR  SUPPORT  OR  ASSISTANCE  TO
 COMPLETE THE FREE APPLICATION FOR FEDERAL STUDENT AID OR, IF APPLICABLE,
 THE JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION.
   D.  A  STUDENT  SHALL  NOT  BE  PENALIZED OR PUNISHED IF THE STUDENT'S
 PARENT OR GUARDIAN OR THE STUDENT, IF THE STUDENT IS EIGHTEEN  YEARS  OF
 AGE  OR  OLDER OR LEGALLY EMANCIPATED, DOES NOT FULFILL THE REQUIREMENTS
 OF THIS SUBDIVISION AND THIS SUBDIVISION SHALL NOT  AFFECT  A  STUDENT'S
 ABILITY TO GRADUATE.
 S. 8306--C                         33                         A. 8806--C
 
   §  2.  This  act shall take effect on August 15, 2024. Effective imme-
 diately, the addition,  amendment  and/or  repeal of any rule  or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made, including by emergency, 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
 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
 S. 8306--C                         34                         A. 8806--C
 
 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
 
                           Intentionally Omitted
 
                                  PART F
 
   Section 1. Section 16 of chapter 260 of the laws of 2011 amending  the
 education  law  and the New York state urban development corporation act
 relating to establishing components of the NY-SUNY 2020 challenge  grant
 program, as amended by section 4 of part DD of chapter 56 of the laws of
 2021, is amended to read as follows:
   §  16. This act shall take effect July 1, 2011; provided that sections
 one, two, three, four, five, six, eight, nine, ten, eleven,  twelve  and
 thirteen  of  this  act  shall expire [13] 16 years after such effective
 date when upon such date the provisions of  this  act  shall  be  deemed
 repealed;  and  provided  further  that sections fourteen and fifteen of
 this act shall expire 5 years after such effective date when  upon  such
 date the provisions of this act shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   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
 S. 8306--C                         35                         A. 8806--C
 
 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.
   (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
 S. 8306--C                         36                         A. 8806--C
 
 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.
 
                                  PART I
 
                           Intentionally Omitted
 
                                  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
 
                           Intentionally Omitted
 
                                  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
 S. 8306--C                         37                         A. 8806--C
 
 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, 2025.
   § 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  $17,633,000  for  the  fiscal
 year  ending March 31, 2025. Within this total amount, $250,000 shall be
 used for the purpose of entering into a contract with  the  neighborhood
 preservation  coalition  to provide technical assistance and services to
 companies funded pursuant to article 16 of the private  housing  finance
 law.  Notwithstanding  any  other  provision  of law, and subject to the
 approval of the New York state director of  the  budget,  the  board  of
 directors  of  the state of New York mortgage agency shall authorize the
 transfer to the housing trust fund  corporation,  for  the  purposes  of
 reimbursing  any costs associated with neighborhood preservation program
 contracts authorized  by  this  section,  a  total  sum  not  to  exceed
 $17,633,000,  such  transfer  to be made from (i) the special account of
 the mortgage insurance fund created pursuant to section  2429-b  of  the
 public  authorities  law,  in  an amount not to exceed the actual excess
 balance in the special account of the mortgage insurance fund, as deter-
 mined and certified by the state of New York  mortgage  agency  for  the
 fiscal  year  2023-2024  in accordance with section 2429-b of the public
 authorities law, if any, and/or (ii) provided that the reserves  in  the
 project  pool  insurance  account of the mortgage insurance fund created
 pursuant to section 2429-b of the public authorities law are  sufficient
 to  attain and maintain the credit rating (as determined by the state of
 New York mortgage agency) required to accomplish the  purposes  of  such
 account,  the  project  pool insurance account of the mortgage insurance
 fund, such transfer to be made as soon as practicable but no later  than
 June 30, 2024.
   §  2.  Notwithstanding  any  other provision of law, the housing trust
 fund corporation may provide, for purposes  of  the  rural  preservation
 program, a sum not to exceed $7,557,000 for the fiscal year ending March
 31,  2025.  Within  this  total  amount,  $250,000 shall be used for the
 purpose of entering into a contract with the rural housing coalition  to
 provide  technical  assistance and services to companies funded pursuant
 to article 17 of the private housing finance  law.  Notwithstanding  any
 other  provision  of  law,  and  subject to the approval of the New York
 state director of the budget, the board of directors of the state of New
 York mortgage agency shall authorize the transfer to the  housing  trust
 fund  corporation,  for the purposes of reimbursing any costs associated
 with rural preservation program contracts authorized by this section,  a
 total  sum  not  to exceed $7,557,000, such transfer to be made from (i)
 the special account of the mortgage insurance fund created  pursuant  to
 section 2429-b of the public authorities law, in an amount not to exceed
 the  actual excess balance in the special account of the mortgage insur-
 ance fund, as determined and certified by the state of New York mortgage
 agency for the fiscal year 2023-2024 in accordance with  section  2429-b
 of  the  public  authorities  law, if any, and/or (ii) provided that the
 reserves in the project pool insurance account of the mortgage insurance
 fund created pursuant to section 2429-b of the  public  authorities  law
 S. 8306--C                         38                         A. 8806--C
 
 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 $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.
 S. 8306--C                         39                         A. 8806--C
 
   § 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 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.
   §  3.  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.
   § 4.  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]  SUCH  OTHER PERSON'S health, safety, business,
 calling, career, financial condition, reputation or  personal  relation-
 ships[.];OR
   (f) By wage theft.
   A  person  obtains property by wage theft when [he or she] SUCH PERSON
 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  over-
 time,  or promised wage, if greater than the minimum wage rate and over-
 time, 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
 S. 8306--C                         40                         A. 8806--C
 
   (G) BY DEED THEFT.  A PERSON COMMITS DEED THEFT WHEN SUCH PERSON:
   (I)  INTENTIONALLY  ALTERS,  FALSIFIES,  FORGES,  OR MISREPRESENTS ANY
 WRITTEN INSTRUMENT INVOLVED IN THE CONVEYANCE OR FINANCING OF REAL PROP-
 ERTY, SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE INTENT
 TO DECEIVE, DEFRAUD, OR UNLAWFULLY TRANSFER OR  ENCUMBER  THE  OWNERSHIP
 RIGHTS OR A PORTION THEREOF 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, OR  TRANSFERS  TITLE  OR
 OWNERSHIP  OF REAL PROPERTY BY FRAUD, MISREPRESENTATION, FORGERY, LARCE-
 NY, FALSE PRETENSES, FALSE PROMISE, OR ANY OTHER FRAUDULENT OR DECEPTIVE
 PRACTICE.
   § 5. 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] SUCH PERSON 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.
   § 6. 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]
 SUCH PERSON 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]  THE
 ACTOR'S  position  as  a public servant by engaging in conduct within or
 related to [his] THE ACTOR'S 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.
   §  7.  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] SUCH PERSON steals property and when the value of the property
 exceeds one million dollars[.]; OR
   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.
 S. 8306--C                         41                         A. 8806--C
 
   Grand larceny in the first degree is a class B felony.
   §  8.  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.
   §  9. Section 63 of the executive law is amended adding a new subdivi-
 sion 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 THE ATTOR-
 NEY GENERAL'S 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. NOTHING HEREIN SHALL IN
 ANY WAY ABROGATE, SUPERSEDE, OR INTERFERE  WITH  THE  AUTHORITY  OF  THE
 DISTRICT ATTORNEY OF A COUNTY IN WHICH AN OFFENSE OCCURS TO INVESTIGATE,
 INITIATE AND/OR PROSECUTE ANY SUCH CRIME.
   §  10. 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 PARTY THAT
 PURCHASED OR OTHERWISE ACQUIRED THEIR SHARE OR  SHARES  BY  MEANS  OTHER
 THAN INHERITANCE, AND WHO DID NOT INHERIT THEIR SHARE OR SHARES DIRECTLY
 FROM  A  PERSON WHO WAS A CO-TENANT PRIOR TO THE PROPERTY BECOMING HEIRS
 PROPERTY OR FROM A CO-TENANT WHO WAS AN HEIR THERETO.
   § 11. 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,  WITH  FIRST PRIORITY TO ANY CO-TENANT WHO
 OCCUPIES THE PROPERTY AS THEIR PRIMARY RESIDENCE AND SECOND PRIORITY  TO
 ANY CO-TENANT WHO OTHERWISE UTILIZES THE PROPERTY.
   (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.  SUCH  NOTICE  SHALL INCLUDE THE NAMES, ADDRESSES, PHONE
 NUMBERS AND ELECTRONIC MAIL ADDRESSES OF ALL OF  THE  OTHER  CO-TENANTS.
 NOTICE  SHALL  BE  MADE IN THE SAME MANNER AS SET FORTH IN SECTION THREE
 S. 8306--C                         42                         A. 8806--C
 
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE OTHER  CO-TENANTS
 SHALL  HAVE  ONE  HUNDRED EIGHTY 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 ONE HUNDRED EIGHTY DAYS AFTER  THE  OTHER
 CO-TENANTS TO THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE.
   §  12. 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;
 S. 8306--C                         43                         A. 8806--C
 
   (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.
   (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--C                         44                         A. 8806--C
 
   (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--C                         45                         A. 8806--C
 
 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--C                         46                         A. 8806--C
 
 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--C                         47                         A. 8806--C
 
 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--C                         48                         A. 8806--C
 
   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--C                         49                         A. 8806--C
 
 ____________________________________________________
 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.
   § 13. 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 twelve 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
 
                           Intentionally Omitted
 S. 8306--C                         50                         A. 8806--C
 
                                  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 HOUSING
 EQUIVALENT  TO  OR EXCEEDING THE REQUIREMENTS UNDER ANY MANDATORY INCLU-
 SIONARY HOUSING PROGRAM;
   (3) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED ON THE SAME ZONING  LOT
 AS  A  BUILDING OCCUPIED IN WHOLE OR IN PART FOR JOINT LIVING-WORK QUAR-
 TERS FOR ARTISTS PURSUANT TO ARTICLE SEVEN-B OF THIS CHAPTER, OR ON  THE
 SAME  ZONING  LOT AS A BUILDING SUBJECT TO ARTICLE SEVEN-C OF THIS CHAP-
 TER;
   (4) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN  AREA  DESIG-
 NATED BY SUCH CITY AS A HISTORIC DISTRICT;
   (5)  NO MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) EXCEEDING 12.0
 SHALL BE NEWLY CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER
 OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT AMENDED THIS SUBDIVISION ON
 ANY ZONING OR TAX LOT THAT CONTAINS A DWELLING OR MULTIPLE DWELLING WITH
 A FLOOR AREA RATIO (FAR) BELOW 12.0 UNLESS  SUCH  DWELLING  OR  MULTIPLE
 DWELLING  WITH  A  FLOOR  AREA  RATIO (FAR) BELOW 12.0 COMPLIES WITH THE
 REQUIREMENTS OF SECTION 27-2093.1 OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK, OR ANY SUCCESSOR LAW OR PROGRAM RELATING TO THE ISSUANCE OF
 CERTIFICATES OF NO HARASSMENT AS DEFINED IN SUCH SECTION, IN  ACCORDANCE
 WITH  TERMS  OF  SUCH SECTION OR SUCCESSOR LAW OR PROGRAM, PROVIDED THAT
 NOTHING IN THIS PARAGRAPH SHALL AFFECT THE APPLICATION OF  SUCH  SECTION
 TO ANY OTHER BUILDING; AND
   (6)  THE  OWNER  OF  A  DWELLING  OR  DWELLINGS THAT ARE DEMOLISHED OR
 REMOVED TO CONSTRUCT A MULTIPLE DWELLING WITH A FLOOR AREA  RATIO  (FAR)
 EXCEEDING 12.0 SHALL OFFER, TO EACH HOUSEHOLD WHO OCCUPIED SUCH A DWELL-
 ING  UNIT  WITHIN  THE  SIX MONTHS PRECEDING SUCH DEMOLITION OR REMOVAL,
 FINANCIAL COMPENSATION EQUAL TO ONE  MONTH'S  RENT  FOR  EVERY  YEAR  OF
 LAWFUL  TENANCY  IN  SUCH  DWELLING UNIT, NOT TO EXCEED SIX MONTHS, OR A
 LEASE IN A COMPARABLE UNIT AT A COMPARABLE RENT IN A DECENT,  SAFE,  AND
 SANITARY  DWELLING  IN AN AREA NOT GENERALLY LESS DESIRABLE IN REGARD TO
 PUBLIC UTILITIES AND PUBLIC AND COMMERCIAL FACILITIES.
 S. 8306--C                         51                         A. 8806--C
 
   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 (FAR) OF ANY DWELLING OR
 DWELLINGS ON A LOT TO EXCEED 12.0 PROVIDED THAT:
   (1)  NOT LESS THAN TWENTY-FIVE PERCENT OF ANY RENTAL DWELLING UNITS IN
 SUCH PROJECT, 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 A WEIGHT-
 ED AVERAGE OF EIGHTY PERCENT OF THE AREA  MEDIAN  INCOME,  ADJUSTED  FOR
 FAMILY  SIZE, AT THE TIME SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING
 UNITS;
   (2) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED ON THE SAME ZONING  LOT
 AS  A  BUILDING OCCUPIED IN WHOLE OR IN PART FOR JOINT LIVING-WORK QUAR-
 TERS FOR ARTISTS PURSUANT TO ARTICLE SEVEN-B OF THIS CHAPTER, OR ON  THE
 SAME  ZONING  LOT AS A BUILDING SUBJECT TO ARTICLE SEVEN-C OF THIS CHAP-
 TER;
   (3) SUCH DWELLING OR DWELLINGS ARE NOT LOCATED WITHIN AN  AREA  DESIG-
 NATED BY SUCH CITY AS A HISTORIC DISTRICT;
   (4)  NO MULTIPLE DWELLING WITH A FLOOR AREA RATIO (FAR) EXCEEDING 12.0
 SHALL BE NEWLY CONSTRUCTED ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER
 OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT AMENDED THIS SUBDIVISION ON
 ANY ZONING OR TAX LOT THAT CONTAINS A DWELLING OR MULTIPLE DWELLING WITH
 A FLOOR AREA RATIO (FAR) BELOW 12.0 UNLESS  SUCH  DWELLING  OR  MULTIPLE
 DWELLING  WITH  A  FLOOR  AREA  RATIO (FAR) BELOW 12.0 COMPLIES WITH THE
 REQUIREMENTS OF SECTION 27-2093.1 OF THE ADMINISTRATIVE CODE OF THE CITY
 OF NEW YORK, OR ANY SUCCESSOR LAW OR PROGRAM RELATING TO THE ISSUANCE OF
 CERTIFICATES OF NO HARASSMENT AS DEFINED IN SUCH SECTION, IN  ACCORDANCE
 WITH  TERMS  OF  SUCH SECTION OR SUCCESSOR LAW OR PROGRAM, PROVIDED THAT
 NOTHING IN THIS PARAGRAPH SHALL AFFECT THE APPLICATION OF  SUCH  SECTION
 TO ANY OTHER BUILDING; AND
   (5)  THE  NEW  YORK  STATE  URBAN DEVELOPMENT CORPORATION SHALL NOT BE
 EMPOWERED TO UNDERTAKE THE  ACQUISITION,  CONSTRUCTION,  RECONSTRUCTION,
 REHABILITATION  OR  IMPROVEMENT  OF A PROJECT PURSUANT TO THIS PARAGRAPH
 UNLESS THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION FINDS THAT THERE
 IS A FEASIBLE METHOD FOR THE  RELOCATION  OF  FAMILIES  AND  INDIVIDUALS
 DISPLACED  FROM  THE  PROJECT AREA INTO DECENT, SAFE AND SANITARY DWELL-
 INGS, WHICH ARE OR WILL BE PROVIDED IN THE  PROJECT  AREA  OR  IN  OTHER
 AREAS  NOT  GENERALLY  LESS  DESIRABLE IN REGARD TO PUBLIC UTILITIES AND
 PUBLIC AND COMMERCIAL FACILITIES, AT RENTS OR PRICES WITHIN  THE  FINAN-
 CIAL MEANS OF SUCH FAMILIES OR INDIVIDUALS, AND REASONABLY ACCESSIBLE TO
 THEIR  PLACES  OF EMPLOYMENT. INSOFAR AS IS FEASIBLE, THE NEW YORK STATE
 URBAN DEVELOPMENT CORPORATION SHALL OFFER HOUSING ACCOMMODATIONS TO SUCH
 FAMILIES AND INDIVIDUALS IN RESIDENTIAL PROJECTS OF THE NEW  YORK  STATE
 URBAN  DEVELOPMENT  CORPORATION.  THE  NEW  YORK STATE URBAN DEVELOPMENT
 CORPORATION MAY RENDER TO BUSINESS AND COMMERCIAL TENANTS AND  TO  FAMI-
 LIES  OR  OTHER PERSONS DISPLACED FROM THE PROJECT AREA, SUCH ASSISTANCE
 AS IT MAY DEEM NECESSARY TO ENABLE THEM TO RELOCATE.
   § 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]
 S. 8306--C                         52                         A. 8806--C
 
   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, WITH RESPECT TO AN ELIGIBLE CONVER-
 SION, THE DATE UPON WHICH A PERMIT IS ISSUED BY THE LOCAL DEPARTMENT  OF
 BUILDINGS FOR ALTERATIONS THAT REQUIRE THE ISSUANCE OF A NEW CERTIFICATE
 OF  OCCUPANCY,  PROVIDED  THAT  SUCH  ALTERATIONS CONSTITUTE AN ELIGIBLE
 CONVERSION.
   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--C                         53                         A. 8806--C
 
 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 JUNE THIRTIETH, TWO THOUSAND THIRTY-ONE; 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--C                         54                         A. 8806--C
 
   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.  "THIRTY-FIVE  YEAR  BENEFITÖ  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 THIRTY
 YEARS OF THE RESTRICTION PERIOD; (A) WITHIN THE MANHATTAN PRIME DEVELOP-
 MENT AREA, A NINETY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER
 THAN  ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHAT-
 TAN PRIME DEVELOPMENT AREA, A SIXTY-FIVE  PERCENT  EXEMPTION  FROM  REAL
 PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III)
 FOR THE THIRTY-FIRST YEAR OF THE  RESTRICTION  PERIOD,  (A)  WITHIN  THE
 MANHATTAN  PRIME DEVELOPMENT 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 FIFTY PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS; (IV) FOR THE THIRTY-SECOND YEAR OF THE RESTRICTION PERIOD,
 (A)  WITHIN  THE  MANHATTAN  PRIME  DEVELOPMENT  AREA, A SEVENTY PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A
 FORTY  PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS-
 MENTS FOR LOCAL IMPROVEMENTS; (V)  FOR  THE  THIRTY-THIRD  YEAR  OF  THE
 RESTRICTION  PERIOD,  (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A
 SIXTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN  ASSESS-
 MENTS  FOR  LOCAL  IMPROVEMENTS;  AND (B) OUTSIDE OF THE MANHATTAN PRIME
 DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM  REAL  PROPERTY  TAXA-
 TION,  OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (VI) FOR THE THIR-
 TY-FOURTH YEAR OF THE RESTRICTION PERIOD; (A) WITHIN THE MANHATTAN PRIME
 DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
 OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B)  OUTSIDE  OF  THE
 MANHATTAN  PRIME  DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL  IMPROVEMENTS;  AND
 (VII)  FOR  THE  THIRTY-FIFTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN
 THE MANHATTAN PRIME DEVELOPMENT AREA, A  FORTY  PERCENT  EXEMPTION  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS;
 AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A  TEN  PERCENT
 EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
 IMPROVEMENTS.
   AA. "THIRTY 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 TWENTY-FIVE YEARS
 OF  THE  RESTRICTION  PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT
 AREA, A NINETY 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 PROPER-
 TY  TAXATION,  OTHER  THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III) FOR
 THE TWENTY-SIXTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE  MANHAT-
 TAN  PRIME DEVELOPMENT AREA, AN EIGHTY PERCENT EXEMPTION FROM REAL PROP-
 ERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL  IMPROVEMENTS;  AND  (B)
 OUTSIDE  OF  THE  MANHATTAN  PRIME  DEVELOPMENT  AREA,  A  FIFTY PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS;  (IV) FOR THE TWENTY-SEVENTH YEAR OF THE RESTRICTION PERI-
 OD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A  SEVENTY  PERCENT
 EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
 IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A
 FORTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN  ASSESS-
 S. 8306--C                         55                         A. 8806--C
 
 MENTS  FOR  LOCAL  IMPROVEMENTS;  (V)  FOR THE TWENTY-EIGHTH YEAR OF THE
 RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT  AREA,  A
 SIXTY  PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS-
 MENTS  FOR  LOCAL  IMPROVEMENTS;  AND (B) OUTSIDE OF THE MANHATTAN PRIME
 DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM  REAL  PROPERTY  TAXA-
 TION,  OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (VI) FOR THE TWEN-
 TY-NINTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN  PRIME
 DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
 OTHER  THAN  ASSESSMENTS  FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE
 MANHATTAN PRIME DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION  FROM  REAL
 PROPERTY  TAXATION,  OTHER  THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND
 (VII) FOR THE THIRTIETH YEAR OF THE RESTRICTION PERIOD, (A)  WITHIN  THE
 MANHATTAN  PRIME  DEVELOPMENT  AREA, A FORTY PERCENT EXEMPTION FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL  IMPROVEMENTS;  AND
 (B)  OUTSIDE  OF  THE  MANHATTAN  PRIME  DEVELOPMENT AREA, A TEN PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS.
   BB.  "TWENTY-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 TWENTY
 YEARS OF THE RESTRICTION PERIOD; (A) WITHIN THE MANHATTAN PRIME DEVELOP-
 MENT AREA, A NINETY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER
 THAN  ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHAT-
 TAN PRIME DEVELOPMENT AREA, A SIXTY-FIVE  PERCENT  EXEMPTION  FROM  REAL
 PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (III)
 FOR THE TWENTY-FIRST YEAR OF THE  RESTRICTION  PERIOD,  (A)  WITHIN  THE
 MANHATTAN  PRIME DEVELOPMENT 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 FIFTY PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS; (IV) FOR THE TWENTY-SECOND YEAR OF THE RESTRICTION PERIOD,
 (A)  WITHIN  THE  MANHATTAN  PRIME  DEVELOPMENT  AREA, A SEVENTY PERCENT
 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
 IMPROVEMENTS; AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A
 FORTY  PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESS-
 MENTS FOR LOCAL IMPROVEMENTS; (V)  FOR  THE  TWENTY-THIRD  YEAR  OF  THE
 RESTRICTION  PERIOD,  (A) WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA, A
 SIXTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN  ASSESS-
 MENTS  FOR  LOCAL  IMPROVEMENTS;  AND (B) OUTSIDE OF THE MANHATTAN PRIME
 DEVELOPMENT AREA, A THIRTY PERCENT EXEMPTION FROM  REAL  PROPERTY  TAXA-
 TION,  OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (VI) FOR THE TWEN-
 TY-FOURTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN THE MANHATTAN PRIME
 DEVELOPMENT AREA, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
 OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (B)  OUTSIDE  OF  THE
 MANHATTAN  PRIME  DEVELOPMENT AREA, A TWENTY PERCENT EXEMPTION FROM REAL
 PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL  IMPROVEMENTS;  AND
 (VII)  FOR  THE  TWENTY-FIFTH YEAR OF THE RESTRICTION PERIOD, (A) WITHIN
 THE MANHATTAN PRIME DEVELOPMENT AREA, A  FORTY  PERCENT  EXEMPTION  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS;
 AND (B) OUTSIDE OF THE MANHATTAN PRIME DEVELOPMENT AREA, A  TEN  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
 S. 8306--C                         56                         A. 8806--C

 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 HAS A COMMENCE-
 MENT DATE ON OR BEFORE JUNE THIRTIETH,  TWO  THOUSAND  TWENTY-SIX  SHALL
 RECEIVE  A  THIRTY-FIVE YEAR BENEFIT; AN ELIGIBLE MULTIPLE DWELLING THAT
 HAS A COMMENCEMENT DATE ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND  TWEN-
 TY-EIGHT  SHALL  RECEIVE A THIRTY YEAR BENEFIT; AND AN ELIGIBLE MULTIPLE
 DWELLING THAT HAS A COMMENCEMENT DATE ON OR BEFORE JUNE  THIRTIETH,  TWO
 THOUSAND THIRTY-ONE SHALL RECEIVE A TWENTY-FIVE YEAR BENEFIT.
   3.  TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
 THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC
 PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC  PROGRAM
 BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   4.  LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
 FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
 AN  ELIGIBLE  MULTIPLE  DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE
 FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS
 SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS.  IF  AN  ELIGIBLE
 MULTIPLE  DWELLING  CONTAINS  MULTIPLE  TAX LOTS, THE TAX ARISING OUT OF
 SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE  APPORTIONED  PRO
 RATA  AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL
 TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH
 REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY,  SHALL  BE  APPORTIONED  PRO
 RATA  AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS
 SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE  OR
 ACCESSORY  PARKING  SPACE  LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE
 THE CURB LEVEL.
   5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION  OF  THE  AGENCY
 CERTIFYING  ELIGIBILITY  FOR  AHCC  PROGRAM  BENEFITS, THE DEPARTMENT OF
 FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
 SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO  THE
 ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
   6.  AFFORDABILITY  REQUIREMENTS.  AN  ELIGIBLE MULTIPLE DWELLING SHALL
 COMPLY WITH THE 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
 S. 8306--C                         57                         A. 8806--C
 
 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;
   (IV)  IDENTIFYING THE PERMIT OR PERMITS REQUIRED FOR THE DETERMINATION
 OF THE COMMENCEMENT DATE UNDER THIS SECTION; AND
   (V) SPECIFYING THE LEGAL INSTRUMENT BY WHICH THE  MARKETING,  AFFORDA-
 BILITY,  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 MONI-
 TOR APPROVED BY THE AGENCY AND PAID FOR BY THE  OWNER  OF  THE  ELIGIBLE
 MULTIPLE DWELLING.
   K.  NOTWITHSTANDING  ANY  PROVISION OF THIS SECTION TO THE CONTRARY, A
 MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION  UNLESS,  IN  THE
 ABSENCE  OF  AHCC  PROGRAM  BENEFITS,  THE UNIT WOULD BE SUBJECT TO RENT
 STABILIZATION.
   7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES  OF  THIS  SUBDIVI-
 SION,  (I) "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS
 S. 8306--C                         58                         A. 8806--C
 
 AND/OR ANY SUCCESSOR TO  SUCH  APPLICANT;  AND  (II)  "COVERED  BUILDING
 SERVICE EMPLOYER" SHALL MEAN ANY APPLICANT AND/OR ANY EMPLOYER OF BUILD-
 ING  SERVICE EMPLOYEES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO,
 A PROPERTY MANAGEMENT COMPANY OR CONTRACTOR.
   B.  ALL  BUILDING  SERVICE  EMPLOYEES EMPLOYED BY THE COVERED BUILDING
 SERVICE EMPLOYER AT THE ELIGIBLE MULTIPLE  DWELLING  SHALL  RECEIVE  THE
 APPLICABLE  PREVAILING  WAGE  FOR  THE  DURATION  OF THE BENEFIT PERIOD,
 REGARDLESS OF WHETHER SUCH BENEFITS 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 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  PROMUL-
 GATE  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 APPLI-
 CANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, 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 ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
 SUBDIVISION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVI-
 SION.  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 ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION.
 S. 8306--C                         59                         A. 8806--C
 
   F. THE AGENCY SHALL ANNUALLY PUBLISH A  LIST  OF  ALL  ELIGIBLE  SITES
 SUBJECT  TO  THE  REQUIREMENTS  OF  THIS  SUBDIVISION AND THE AFFIDAVITS
 REQUIRED PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION.
   G.  IF  A  COVERED  BUILDING  SERVICE  EMPLOYER  HAS  COMMITTED  THREE
 VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVISION WITH
 RESPECT TO THE SAME ELIGIBLE MULTIPLE DWELLING WITHIN A FIVE-YEAR  PERI-
 OD,  THE  AGENCY  MAY  REVOKE ANY BENEFITS ASSOCIATED WITH SUCH ELIGIBLE
 MULTIPLE DWELLING UNDER THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH,  A
 "VIOLATION" OF PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE DEEMED A FIND-
 ING  BY  THE FISCAL OFFICER THAT A COVERED BUILDING SERVICE EMPLOYER HAS
 FAILED TO COMPLY WITH PARAGRAPH (B) OF THIS SUBDIVISION 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 OFFICER SHALL PUBLISH ON
 ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO VIOLATIONS AS  DEFINED  IN
 THIS  PARAGRAPH.  IF  BENEFITS  ARE TERMINATED OR REVOKED FOR FAILURE TO
 COMPLY WITH THIS SUBDIVISION ALL OF THE AFFORDABLE HOUSING  UNITS  SHALL
 REMAIN  SUBJECT TO RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS
 SECTION FOR THE DURATION OF THE RESTRICTION PERIOD, REGARDLESS OF WHETH-
 ER SUCH BENEFITS HAVE BEEN TERMINATED OR REVOKED.
   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 FAILURE TO COMPLY WITH THIS  SECTION.  ALL  OF  THE
 AFFORDABLE  HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND
 ALL  OTHER  REQUIREMENTS  OF  THIS  SECTION  FOR  THE  DURATION  OF  THE
 RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMI-
 NATED OR REVOKED.
   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-
 S. 8306--C                         60                         A. 8806--C
 
 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.  MULTIPLE  RESIDENCE.  A  NON-RESIDENTIAL  BUILDING  UNDERGOING AN
 ELIGIBLE CONVERSION SHALL BE CONSIDERED A MULTIPLE RESIDENCE DURING  THE
 CONSTRUCTION PERIOD.
   16.  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.
   17. 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 SIXTEEN OF THIS SECTION.
   C.  A  PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST
 THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE  TIME  THE  VIOLATION
 OCCURRED,  EVEN  IF  SUCH  OWNER  NO  LONGER OWNS SUCH ELIGIBLE MULTIPLE
 DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
   D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED  PURSUANT  TO
 THIS  SUBDIVISION  SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI-
 SONMENT NOT TO EXCEED SIX MONTHS.
   § 3. This act shall take effect immediately.
 
                                  PART S
 
   Section 1. The multiple dwelling law is amended by adding a new  arti-
 cle 7-D to read as follows:
 S. 8306--C                         61                         A. 8806--C
 
                                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 "COMMUNITY DISTRICT" SHALL REFER TO A COMMUNITY DISTRICT
 AS ESTABLISHED PURSUANT TO CHAPTER SIXTY-NINE OF THE NEW YORK CITY CHAR-
 TER.
   2. 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, PROVIDED THAT SUCH INHABITED BASEMENT
 DWELLING UNIT IS LOCATED IN ANY OF THE COMMUNITY DISTRICTS SPECIFIED  IN
 SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHTY-NINE OF THIS ARTICLE;
   3. 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, PROVIDED THAT SUCH INHABITED CELLAR DWELLING
 UNIT IS LOCATED IN ANY OF THE COMMUNITY DISTRICTS SPECIFIED IN  SUBDIVI-
 SION FOUR OF SECTION TWO HUNDRED EIGHTY-NINE OF THIS ARTICLE;
   4.  THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
 A WRITTEN AGREEMENT; AND
   5. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
 DWELLING UNIT OR AN INHABITED CELLAR DWELLING UNIT IS RENTED.
   § 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.    1.  NOTWITH-
 STANDING  ANY OTHER PROVISION OF THIS CHAPTER TO THE CONTRARY, IN A CITY
 WITH A POPULATION OF ONE MILLION OR MORE,  THE  LOCAL  LEGISLATIVE  BODY
 MAY, BY LOCAL LAW, ESTABLISH A PILOT PROGRAM TO ADDRESS, (A) THE LEGALI-
 ZATION  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 CONVER-
 SION OF OTHER SPECIFIED BASEMENT AND CELLAR DWELLING UNITS IN  EXISTENCE
 PRIOR  TO  THE  EFFECTIVE  DATE OF THIS ARTICLE TO LEGAL DWELLING UNITS,
 PROVIDED THAT ANY SUCH OTHER SPECIFIED BASEMENT AND CELLAR DWELLING UNIT
 IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE IS  LOCATED  IN
 ANY  OF  THE  COMMUNITY  DISTRICTS SPECIFIED IN SUBDIVISION FOUR OF THIS
 SECTION.  THE LOCAL LAW AUTHORIZED BY THIS SECTION,  AND  ANY  RULES  OR
 REGULATIONS  PROMULGATED  THEREUNDER,  SHALL BE PROTECTIVE OF HEALTH AND
 SAFETY ACCORDING TO STANDARDS ESTABLISHED IN CONSULTATION WITH THE  FIRE
 DEPARTMENT  OF THE CITY OF NEW YORK, DEPARTMENT OF BUILDINGS, AND OFFICE
 OF EMERGENCY MANAGEMENT. THE LOCAL LAW SHALL FURTHER  PROVIDE  THAT  ANY
 APPLICATION TO LEGALIZE OR CONVERT A BASEMENT OR CELLAR DWELLING UNIT TO
 A  LEGAL  DWELLING UNIT LOCATED WITHIN A FLOOD HAZARD AREA AS DEFINED IN
 SECTION TWO HUNDRED TWO OF THE CITY BUILDING CODE SHALL  BE  SUBJECT  TO
 ADDITIONAL HEALTH AND SAFETY STANDARDS.
   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. (A) THE PILOT PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE  TO
 AN  OWNER  ACCEPTED  INTO THE PROGRAM 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
 S. 8306--C                         62                         A. 8806--C
 
 DWELLING UNIT, (I) FREEDOM FROM ANY CIVIL OR  ADMINISTRATIVE  LIABILITY,
 CITATIONS,  FINES,  PENALTIES, JUDGMENTS OR ANY OTHER DETERMINATIONS  OF
 OR PROSECUTION FOR CIVIL VIOLATIONS OF THIS CHAPTER, OTHER STATE LAW  OR
 LOCAL  LAW  OR  RULES,  AND THE ZONING RESOLUTION OF SUCH CITY, AND (II)
 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.
   (B) PROVIDED, HOWEVER, THAT THE PROVISIONS OF  SUBPARAGRAPHS  (I)  AND
 (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL ONLY APPLY TO VIOLATIONS
 OF  SUCH  LAWS,  RULES,  OR ZONING RESOLUTION THAT RENDERED AN INHABITED
 BASEMENT DWELLING UNIT OR AN  INHABITED  CELLAR  DWELLING  UNIT  ILLEGAL
 BEFORE  THE  EFFECTIVE DATE OF THIS ARTICLE AND THE CONDUCT CONSTITUTING
 SUCH VIOLATION WOULD NOT VIOLATE THE LOCAL LAW ADOPTED PURSUANT TO  THIS
 ARTICLE.
   (C)  PROVIDED,  FURTHER  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 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 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 SPECIFIED BASEMENT OR CELLAR DWELLING UNIT
 IN EXISTENCE PRIOR TO THE EFFECTIVE DATE INTO A  LAWFUL  DWELLING  UNIT.
 ANY  AMENDMENT  OF THE ZONING RESOLUTION NECESSARY TO ENACT SUCH PROGRAM
 SHALL BE SUBJECT TO A PUBLIC HEARING AT THE PLANNING COMMISSION OF  SUCH
 CITY,  AND  APPROVAL BY SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH
 LOCAL GOVERNMENT, PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE  ENVIRON-
 MENTAL  REVIEW,  INCLUDING  ENVIRONMENTAL  REVIEW  CONDUCTED PURSUANT TO
 ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND  ANY  STATE  AND
 LOCAL  REGULATIONS  PROMULGATED  THEREUNDER,  OR ANY ADDITIONAL LAND USE
 REVIEW.
   4. THE PROGRAM ESTABLISHED BY A LOCAL LAW  ENACTED  PURSUANT  TO  THIS
 SECTION  SHALL BE APPLICABLE ONLY WITHIN COMMUNITY DISTRICTS SELECTED BY
 THE LOCAL LEGISLATIVE BODY FROM  THE  FOLLOWING  LIST:  BRONX  COMMUNITY
 DISTRICT  NINE;  BRONX  COMMUNITY DISTRICT TEN; BRONX COMMUNITY DISTRICT
 ELEVEN; BRONX COMMUNITY DISTRICT  TWELVE;  BROOKLYN  COMMUNITY  DISTRICT
 FOUR; BROOKLYN COMMUNITY DISTRICT TEN; BROOKLYN COMMUNITY DISTRICT ELEV-
 EN;  BROOKLYN COMMUNITY DISTRICT SEVENTEEN; MANHATTAN COMMUNITY DISTRICT
 TWO; MANHATTAN COMMUNITY DISTRICT THREE;  MANHATTAN  COMMUNITY  DISTRICT
 NINE;  MANHATTAN  COMMUNITY  DISTRICT  TEN; MANHATTAN COMMUNITY DISTRICT
 ELEVEN;  MANHATTAN  COMMUNITY  DISTRICT  TWELVE;  AND  QUEENS  COMMUNITY
 DISTRICT  TWO. PRIOR TO THE ADOPTION OF THE LOCAL LAW AUTHORIZED BY THIS
 SECTION, BUT NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF  THIS
 ARTICLE,  THE  COMMUNITY  BOARD  OF  A  COMMUNITY DISTRICT NAMED IN THIS
 SUBDIVISION MAY ADOPT AND SUBMIT TO THE SPEAKER OF THE  CITY  COUNCIL  A
 RESOLUTION  IN  SUPPORT  OR OPPOSITION OF THE INCLUSION OF THE COMMUNITY
 DISTRICT IN THE PROGRAM ESTABLISHED BY THE LOCAL LAW AUTHORIZED BY  THIS
 ARTICLE.
   §  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-
 S. 8306--C                         63                         A. 8806--C
 
 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.
 
                                  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 EITHER (1) a multiple
 dwelling or homeownership project containing six or more dwelling  units
 created  through  new  construction or eligible conversion for which the
 commencement 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  twen-
 ty-six,  OR  (2) A MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT CONTAINING
 SIX OR MORE DWELLING UNITS CREATED THROUGH NEW CONSTRUCTION OR  ELIGIBLE
 CONVERSION  WHICH  COMPLIES  WITH  AFFORDABILITY OPTION A, AFFORDABILITY
 OPTION B, AFFORDABILITY OPTION D, AFFORDABILITY OPTION E OR AFFORDABILI-
 TY OPTION F, AND FOR WHICH THE COMMENCEMENT DATE IS AFTER DECEMBER THIR-
 TY-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 THIRTY-ONE, PROVIDED THAT THE OWNER OF SUCH
 MULTIPLE DWELLING OR HOMEOWNERSHIP PROJECT SUBMITS A LETTER OF INTENT ON
 A FORM TO BE PROMULGATED BY THE NEW  YORK  CITY  DEPARTMENT  OF  HOUSING
 PRESERVATION  AND DEVELOPMENT, TO SUCH DEPARTMENT, WITHIN NINETY DAYS OF
 THE DATE THAT SUCH DEPARTMENT PROMULGATES SUCH FORM. THE NEW  YORK  CITY
 DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL PROMULGATE SUCH
 FORM  NO LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THE CHAPTER OF
 THE LAWS OF 2024 WHICH AMENDED THIS SUBPARAGRAPH.  FOR THE  PURPOSES  OF
 THIS  SUBPARAGRAPH,  THE  TERM  "LETTER  OF  INTENT" MEANS DOCUMENTATION
 CERTIFYING THAT THE OWNER OF SUCH  MULTIPLE  DWELLING  OR  HOMEOWNERSHIP
 PROJECT  OUTLINED IN THIS SUBPARAGRAPH INTENDS TO APPLY FOR THE BENEFITS
 DESCRIBED IN THIS SECTION UPON THE CONSTRUCTION COMPLETION  DATE.    THE
 NEW  YORK  CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL
 PRESCRIBE, AND MAKE AVAILABLE TO THE PUBLIC, A "LETTER OF  INTENT  FORM"
 S. 8306--C                         64                         A. 8806--C
 
 BY WHICH OWNERS MAY USE TO SUBMIT SUCH LETTER OF INTENT OUTLINED IN THIS
 SUBPARAGRAPH.   THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT SHALL MAKE INFORMATION RELATING TO  LETTERS  OF  INTENT  AND
 CORRESPONDING PROJECTS AVAILABLE TO THE PUBLIC.
   § 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) "AFFORDABILITY OPTION A" SHALL MEAN:
   (I)  FOR  A  LARGE RENTAL PROJECT, THAT, WITHIN ANY ELIGIBLE SITE: (A)
 NOT LESS THAN TWENTY-FIVE PERCENT OF THE DWELLING UNITS  ARE  AFFORDABLE
 HOUSING  UNITS;  (B) 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; (C) THERE ARE NO MORE THAN
 THREE INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND  (D)  NO
 INCOME  BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF
 THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE;
   (II) FOR A VERY LARGE RENTAL PROJECT, THAT, WITHIN ANY ELIGIBLE  SITE:
 (A) NOT LESS THAN TWENTY-FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDA-
 BLE  HOUSING UNITS; (B) THE WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL
 OF THE AFFORDABLE HOUSING UNITS DOES NOT EXCEED  SIXTY  PERCENT  OF  THE
 AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE; (C) THERE ARE NO MORE THAN
 THREE  INCOME  BANDS FOR ALL OF THE AFFORDABLE HOUSING UNITS; AND (D) NO
 INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT  OF
 THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE.
   (B)  "AFFORDABILITY  OPTION  B"  SHALL  MEAN THAT, WITHIN ANY ELIGIBLE
 SITE:   (I) NOT LESS THAN TWENTY  PERCENT  OF  THE  DWELLING  UNITS  ARE
 AFFORDABLE  HOUSING UNITS; (II) 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; (III) THERE ARE NO
 MORE THAN THREE INCOME BANDS FOR ALL OF THE  AFFORDABLE  HOUSING  UNITS;
 AND (IV) NO INCOME BAND FOR AFFORDABLE HOUSING UNITS EXCEEDS ONE HUNDRED
 PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE.
   (C)  "AFFORDABILITY  OPTION  C"  SHALL  MEAN THAT, WITHIN ANY ELIGIBLE
 SITE, NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS ARE  SUBJECT  TO
 RENT STABILIZATION FOR THE RESTRICTION PERIOD.
   (D)  "AFFORDABILITY  OPTION  D"  SHALL MEAN A HOMEOWNERSHIP PROJECT IN
 WHICH ONE HUNDRED PERCENT OF THE UNITS SHALL HAVE  AN  AVERAGE  ASSESSED
 VALUE  PER SQUARE FOOT THAT DOES NOT EXCEED EIGHTY-NINE DOLLARS UPON THE
 FIRST ASSESSMENT FOLLOWING THE COMPLETION DATE 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.
   (E) "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.
   (F)  "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.
   (G)  "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS
 SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH ANNY  PROGRAM  BENEFITS  ARE
 S. 8306--C                         65                         A. 8806--C
 
 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.
   (H)  "AGENCY"  SHALL  MEAN  THE DEPARTMENT OF HOUSING PRESERVATION AND
 DEVELOPMENT.
   (I) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
   (J) "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 WATCHPER-
 SON, GUARD, DOORPERSON, BUILDING CLEANER, PORTER, HANDYPERSON,  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.
   (K)  "COLLECTIVE BARGAINING AGREEMENT" SHALL MEAN AN AGREEMENT ENTERED
 INTO PURSUANT TO SECTION EIGHT-F OR SECTION NINE-A OF THE NATIONAL LABOR
 RELATIONS ACT (29 U.S.C. SECTIONS 159(A) AND 158(F)) BETWEEN A  CONTRAC-
 TOR  OR  SUBCONTRACTOR  AND A LABOR ORGANIZATION SETTING FORTH TERMS AND
 CONDITIONS OF EMPLOYMENT FOR THOSE CONSTRUCTION EMPLOYEES REPRESENTED BY
 THE LABOR ORGANIZATION AND EMPLOYED BY THE CONTRACTOR  OR  SUBCONTRACTOR
 TO PERFORM CONSTRUCTION WORK ON AN ELIGIBLE SITE.
   (L)  "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.
   (M) "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.
   (N)   "CONSTRUCTION   EMPLOYEE"   SHALL  MEAN  ANY  PERSON  PERFORMING
 CONSTRUCTION WORK WHO IS A LABORER, WORKER, OR MECHANIC.
   (O) "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.
   (P) "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.
   (Q) "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.
   (R)  "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 JUNE FIFTEENTH, TWO THOUSAND  TWENTY-TWO  AND  ON  OR
 S. 8306--C                         66                         A. 8806--C
 
 BEFORE  JUNE FIFTEENTH, TWO THOUSAND THIRTY-FOUR AND THE COMPLETION DATE
 IS ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND THIRTY-EIGHT.
   (S)  "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.
   (T)  "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID
 BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION EMPLOYEES, 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 EMPLOYEES.
   (U)  "EXTENDED  CONSTRUCTION  PERIOD"  SHALL MEAN, WITH RESPECT TO ANY
 VERY LARGE RENTAL PROJECT LOCATED IN ZONE A, A PERIOD: (I) BEGINNING  ON
 THE LATER OF THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR
 FIVE  YEARS  BEFORE THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL-
 ING; AND (II) ENDING ON THE DAY PRECEDING THE COMPLETION  DATE  OF  SUCH
 ELIGIBLE MULTIPLE DWELLING.
   (V)  "FISCAL  OFFICER"  SHALL  MEAN THE COMPTROLLER OR OTHER ANALOGOUS
 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   (W) "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.
   (X) "FORTY YEAR BENEFIT" SHALL MEAN: (I) FOR THE  CONSTRUCTION  PERIOD
 OR  EXTENDED  CONSTRUCTION  PERIOD, AS APPLICABLE, 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.
   (Y) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS
 CONDOMINIUM  OR  COOPERATIVE  HOUSING;  HOWEVER,  IT SHALL NOT INCLUDE A
 MULTIPLE DWELLING OR PORTION THEREOF OPERATED AS CONDOMINIUM OR  COOPER-
 ATIVE HOUSING LOCATED WITHIN THE BOROUGH OF MANHATTAN.
   (Z)  "HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE AMOUNT
 OF WAGES AND EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF, A  CONSTRUCTION
 EMPLOYEE FOR EACH HOUR OF CONSTRUCTION WORK.
   (AA)  "JOBSITE AGREEMENT" SHALL MEAN A COLLECTIVE BARGAINING AGREEMENT
 THAT ONLY SETS FORTH TERMS AND CONDITIONS OF EMPLOYMENT FOR CONSTRUCTION
 EMPLOYEES PERFORMING  CONSTRUCTION  WORK  UNDER  THE  AGREEMENT  AT  ONE
 SPECIFIC ELIGIBLE SITE.
   (BB)  "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
 ONE HUNDRED OR MORE RESIDENTIAL DWELLING UNITS  IN  WHICH  ALL  DWELLING
 UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
   (CC)  "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
 DWELLING OTHER THAN A RESTRICTED UNIT.
   (DD) "MARKETING BAND" SHALL MEAN  MAXIMUM  RENT  RANGING  FROM  TWENTY
 PERCENT  TO  THIRTY  PERCENT  OF  THE AREA MEDIAN INCOME APPLICABLE TO A
 SPECIFIC AFFORDABLE HOUSING UNIT.
   (EE) "MODEST RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
 MORE THAN FIVE AND LESS THAN ONE HUNDRED RESIDENTIAL DWELLING  UNITS  IN
 WHICH  ALL  DWELLING  UNITS  INCLUDED IN ANY APPLICATION ARE OPERATED AS
 RENTAL HOUSING, OTHER THAN A SMALL RENTAL PROJECT.
   (FF) "MULTIPLE DWELLING" SHALL HAVE THE  SAME  MEANING  SET  FORTH  IN
 SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
 S. 8306--C                         67                         A. 8806--C
 
   (GG)  "NEIGHBORHOOD  TABULATION  AREA"  SHALL MEAN A GEOGRAPHICAL AREA
 DEFINED BY THE DEPARTMENT OF CITY PLANNING FOR THE PURPOSES OF PROVIDING
 NEIGHBORHOOD-LEVEL DATA.
   (HH)  "NON-RESIDENTIAL  TAX  LOT"  SHALL  MEAN A TAX LOT THAT DOES NOT
 CONTAIN ANY DWELLING UNITS.
   (II) "PROJECT  LABOR  AGREEMENT"  SHALL  MEAN  A  PRE-HIRE  COLLECTIVE
 BARGAINING  AGREEMENT  BETWEEN A CONTRACTOR AND A BONA FIDE BUILDING AND
 CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE  LABOR  ORGANIZA-
 TION  AS  THE  COLLECTIVE  BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO
 WILL PERFORM CONSTRUCTION WORK ON AN ELIGIBLE SITE, AND  WHICH  PROVIDES
 THAT  ONLY  CONTRACTORS  AND  SUBCONTRACTORS  WHO  SIGN A PRE-NEGOTIATED
 AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM CONSTRUCTION  WORK  ON
 AN ELIGIBLE SITE.
   (JJ)  "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.
   (KK) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, A  VERY  LARGE  RENTAL
 PROJECT,  LARGE  RENTAL PROJECT, MODEST RENTAL PROJECT, AND SMALL RENTAL
 PROJECT.
   (LL) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
 UNITS.
   (MM) "RESTRICTED UNIT" SHALL MEAN, INDIVIDUALLY AND COLLECTIVELY:  (I)
 AFFORDABLE  HOUSING  UNITS;  AND (II) DWELLING UNITS THAT ARE SUBJECT TO
 RENT STABILIZATION IN ACCORDANCE WITH AFFORDABILITY OPTION C.
   (NN) "RESTRICTION PERIOD"  SHALL  MEAN,  NOTWITHSTANDING  ANY  EARLIER
 TERMINATION  OR  REVOCATION  OF AFFORDABLE CITYWIDE CONSTRUCTION PROGRAM
 BENEFITS:  (I) WITH RESPECT TO A RENTAL PROJECT, A PERIOD COMMENCING  ON
 THE  COMPLETION  DATE AND EXTENDING IN PERPETUITY; AND (II) WITH RESPECT
 TO A HOMEOWNERSHIP PROJECT, A PERIOD COMMENCING ON THE  COMPLETION  DATE
 AND EXPIRING ON THE TWENTIETH ANNIVERSARY OF THE COMPLETION DATE.
   (OO)  "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
 MORE THAN FIVE AND LESS THAN ELEVEN RESIDENTIAL DWELLING UNITS,  LOCATED
 OUTSIDE THE BOROUGH OF MANHATTAN ON A ZONING LOT THAT PERMITS A RESIDEN-
 TIAL  FLOOR AREA NOT EXCEEDING TWELVE-THOUSAND FIVE HUNDRED SQUARE FEET,
 IN WHICH ALL DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED  AS
 RENTAL HOUSING AND THAT ELECTS TO COMPLY WITH AFFORDABILITY OPTION C.
   (PP) "TEN 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 TEN YEARS OF  THE
 RESTRICTION  PERIOD,  A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY
 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   (QQ) "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 RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION
 FROM  REAL  PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVE-
 MENTS; AND (III) FOR THE TEN YEARS OF THE RESTRICTION PERIOD  SUBSEQUENT
 TO  SUCH  TWENTY-FIVE YEARS, (A) WITH RESPECT TO MODEST RENTAL PROJECTS,
 AN EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS  FOR
 LOCAL  IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE, AND (B) WITH
 RESPECT TO LARGE RENTAL PROJECTS, A ONE HUNDRED PERCENT  EXEMPTION  FROM
 REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
 S. 8306--C                         68                         A. 8806--C
 
   (RR)  "TWENTY 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 FOURTEEN
 YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED  PERCENT  EXEMPTION  FROM
 REAL  PROPERTY  TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
 PROVIDED, HOWEVER, THAT NO EXEMPTION SHALL BE GIVEN FOR ANY  PORTION  OF
 THE  SQUARE FOOTAGE OF A UNIT WITH AN ASSESSED VALUE THAT EXCEEDS EIGHT-
 Y-NINE DOLLARS PER SQUARE FOOT; AND (III) FOR THE FINAL SIX YEARS OF THE
 RESTRICTION PERIOD, A TWENTY-FIVE PERCENT EXEMPTION FROM  REAL  PROPERTY
 TAXATION,  OTHER  THAN  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS, PROVIDED,
 HOWEVER, THAT NO EXEMPTION SHALL BE GIVEN FOR ANY PORTION OF THE  SQUARE
 FOOTAGE  OF  A  UNIT  WITH  AN  ASSESSED  VALUE THAT EXCEEDS EIGHTY-NINE
 DOLLARS PER SQUARE FOOT.
   (SS) "VERY LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE  SITE  LOCATED
 IN  ZONE A OR ZONE B CONSISTING OF ONE HUNDRED FIFTY OR MORE RESIDENTIAL
 DWELLING UNITS IN WHICH ALL DWELLING UNITS INCLUDED IN  ANY  APPLICATION
 ARE OPERATED AS RENTAL HOUSING.
   (TT)  "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
 ANY KIND PAID TO, OR ON BEHALF OF,  CONSTRUCTION  EMPLOYEES,  INCLUDING,
 WITHOUT  LIMITATION,  ANY  HOURLY  COMPENSATION  PAID  DIRECTLY  TO  THE
 CONSTRUCTION EMPLOYEE, 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.
   (UU) "ZONE A" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED
 WHICH IS LOCATED ENTIRELY SOUTH OF 96TH STREET IN THE BOROUGH OF MANHAT-
 TAN  OR  IN  ANY  OF THE FOLLOWING NEIGHBORHOOD TABULATION AREAS AS MOST
 RECENTLY DEFINED BY THE DEPARTMENT OF NEW YORK CITY  PLANNING:  BROOKLYN
 0101, BROOKLYN 0102, BROOKLYN 0103, BROOKLYN 0104, AND QUEENS 0201.
   (VV) "ZONE B" SHALL MEAN ANY TAX LOT NOW EXISTING OR HEREAFTER CREATED
 WHICH  IS  LOCATED  ENTIRELY  IN ANY OF THE FOLLOWING NEIGHBORHOOD TABU-
 LATION AREAS AS MOST RECENTLY DEFINED BY THE DEPARTMENT OF NEW YORK CITY
 PLANNING:  BROOKLYN 0201, BROOKLYN 0202, BROOKLYN 0203,  BROOKLYN  0204,
 BROOKLYN  0601,  BROOKLYN  0602,  BROOKLYN 0801, QUEENS 0105, AND QUEENS
 0102.
   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 AS FOLLOWS:
   (A) A SMALL RENTAL PROJECT THAT COMPLIES WITH ALL OF THE  REQUIREMENTS
 OF THIS SUBDIVISION SHALL RECEIVE A TEN YEAR BENEFIT;
   (B) A MODEST RENTAL PROJECT THAT COMPLIES WITH ALL OF THE REQUIREMENTS
 OF THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT;
   (C)  A LARGE RENTAL PROJECT THAT COMPLIES WITH ALL OF THE REQUIREMENTS
 OF THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT;
   (D) A VERY LARGE RENTAL PROJECT THAT COMPLIES WITH ALL OF THE REQUIRE-
 MENTS OF THIS SUBDIVISION SHALL RECEIVE A FORTY YEAR BENEFIT; AND
   (E) A HOMEOWNERSHIP PROJECT THAT COMPLIES WITH ALL OF THE REQUIREMENTS
 OF THIS SUBDIVISION SHALL RECEIVE A TWENTY YEAR BENEFIT.
 S. 8306--C                         69                         A. 8806--C
 
   3. CONSTRUCTION WORK REQUIREMENTS.  IN ADDITION TO ALL OTHER  REQUIRE-
 MENTS  SET  FORTH  IN  THIS  SECTION,  ANY  ELIGIBLE SITE CONTAINING ONE
 HUNDRED OR MORE DWELLING UNITS WITHIN THE CITY OF NEW YORK SHALL  COMPLY
 WITH  THE REQUIREMENTS SET FORTH IN THIS SUBDIVISION EXCEPT AS OTHERWISE
 PROVIDED IN ANY PARAGRAPH OF THIS SUBDIVISION.
   (A)  CONSTRUCTION  WORK  ON  ANY  ELIGIBLE SITE CONTAINING ONE HUNDRED
 UNITS OR MORE SHALL  BE  SUBJECT  TO  REQUIREMENTS  IN  ACCORDANCE  WITH
 SECTIONS  TWO  HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THE LABOR LAW;
 PROVIDED, HOWEVER, THAT THE MINIMUM HOURLY RATE OF WAGES AND SUPPLEMENTS
 REQUIRED TO BE PAID TO CONSTRUCTION EMPLOYEES SHALL  BE  FORTY  DOLLARS,
 WHICH  SHALL  INCREASE  BY  TWO AND ONE-HALF PERCENT ON THE FIRST DAY OF
 JULY IN THE YEAR TWO  THOUSAND  TWENTY-FIVE  AND  BY  TWO  AND  ONE-HALF
 PERCENT ON THE FIRST DAY OF JULY IN EACH YEAR THEREAFTER.
   (B)  CONSTRUCTION  WORK  ON  ANY  ELIGIBLE SITE CONTAINING ONE HUNDRED
 FIFTY UNITS OR MORE, WITHIN ZONE A, SHALL BE SUBJECT TO REQUIREMENTS  IN
 ACCORDANCE  WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF
 THE LABOR LAW; PROVIDED, HOWEVER, THAT THE MINIMUM HOURLY RATE OF  WAGES
 AND  SUPPLEMENTS  REQUIRED TO BE PAID TO CONSTRUCTION EMPLOYEES SHALL BE
 THE LESSER OF SEVENTY-TWO DOLLARS  AND  FORTY-FIVE  CENTS,  WHICH  SHALL
 INCREASE  BY  TWO  AND  ONE-HALF PERCENT ON THE FIRST DAY OF JULY IN THE
 YEAR TWO THOUSAND TWENTY-FIVE AND BY TWO AND  ONE-HALF  PERCENT  ON  THE
 FIRST  DAY OF JULY IN EACH YEAR THEREAFTER, OR SIXTY-FIVE PERCENT OF THE
 GREATEST PREVAILING RATE OF WAGES AND SUPPLEMENTS WITHIN  A  CLASSIFICA-
 TION.
   (C)  CONSTRUCTION  WORK  ON  ANY  ELIGIBLE SITE CONTAINING ONE HUNDRED
 FIFTY UNITS OR MORE, WITHIN ZONE B, SHALL BE SUBJECT TO REQUIREMENTS  IN
 ACCORDANCE  WITH SECTIONS TWO HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF
 THE LABOR LAW; PROVIDED, HOWEVER, THAT THE MINIMUM HOURLY RATE OF  WAGES
 AND  SUPPLEMENTS  REQUIRED TO BE PAID TO CONSTRUCTION EMPLOYEES SHALL BE
 THE LESSER OF SIXTY-THREE DOLLARS, WHICH SHALL INCREASE BY TWO AND  ONE-
 HALF  PERCENT  ON THE FIRST DAY OF JULY IN THE YEAR TWO THOUSAND TWENTY-
 FIVE AND BY TWO AND ONE-HALF PERCENT ON THE FIRST DAY OF  JULY  IN  EACH
 YEAR  THEREAFTER,  OR  SIXTY  PERCENT OF THE GREATEST PREVAILING RATE OF
 WAGES AND SUPPLEMENTS WITHIN A CLASSIFICATION.
   (D) THE OWNER OF AN ELIGIBLE SITE SHALL BE RESPONSIBLE  FOR  NOTIFYING
 THE  FISCAL  OFFICER  AND  THE AGENCY AT LEAST THREE MONTHS PRIOR TO THE
 COMMENCEMENT OF CONSTRUCTION WORK OF THE LOCATION OF  THE  PROJECT,  THE
 ANTICIPATED  CONSTRUCTION  START  DATE, THE ANTICIPATED CONSTRUCTION END
 DATE, AND THE EXISTENCE OF ANY PROJECT LABOR AGREEMENT ON  THE  ELIGIBLE
 SITE.    FAILURE  TO PROVIDE SUCH NOTICE IN THE TIME AND MANNER REQUIRED
 SHALL SUBJECT THE OWNER TO FINES AND PENALTIES NOT TO EXCEED  FIVE-THOU-
 SAND  DOLLARS  PER DAY. IN ADDITION TO THE FINES AND PENALTIES SET FORTH
 HEREIN, AN  OWNER  SHALL  FORFEIT  THE  TAX  ABATEMENTS  AND  EXEMPTIONS
 PROVIDED UNDER THIS SECTION IF CONSTRUCTION COMMENCES PRIOR TO PROVIDING
 THE NOTICE REQUIRED UNDER THIS SECTION.
   (E)  THE  OWNER OF AN ELIGIBLE SITE SHALL BE RESPONSIBLE FOR RETAINING
 ORIGINAL PAYROLL RECORDS IN ACCORDANCE WITH SECTION TWO  HUNDRED  TWENTY
 OF  THE LABOR LAW, AS MODIFIED BY PARAGRAPH (A) OF THIS SUBDIVISION, FOR
 A PERIOD OF SIX YEARS FROM THE  COMPLETION  DATE.  ALL  PAYROLL  RECORDS
 MAINTAINED  BY AN OWNER PURSUANT TO THIS SUBDIVISION SHALL BE SUBJECT TO
 INSPECTION ON REQUEST OF THE FISCAL OFFICER. SUCH  OWNER  MAY  AUTHORIZE
 THE  PRIME  CONTRACTOR  ON  THE ELIGIBLE SITE TO TAKE RESPONSIBILITY FOR
 RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD JOINTLY  AND
 SEVERALLY  LIABLE  FOR  ANY  VIOLATIONS  OF SUCH CONTRACTOR. ALL RECORDS
 OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
 MATION LAW.
 S. 8306--C                         70                         A. 8806--C
 
   (F) THE FISCAL OFFICER MAY ISSUE RULES AND REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SUBDIVISION. VIOLATIONS OF THIS SUBDIVISION SHALL BE
 GROUNDS FOR DETERMINATIONS AND ORDERS PURSUANT TO  SECTION  TWO  HUNDRED
 TWENTY-B OF THE LABOR LAW.
   (G) WHERE A COMPLAINT IS RECEIVED PURSUANT TO THIS SUBDIVISION, IF THE
 FISCAL  OFFICER  FINDS  CAUSE TO BELIEVE THAT AN APPLICANT OR ANY PERSON
 ACTING ON BEHALF OF OR AS AN AGENT OF AN APPLICANT, IN  CONNECTION  WITH
 THE  PERFORMANCE  OF ANY CONTRACT FOR CONSTRUCTION WORK PURSUANT TO THIS
 SUBDIVISION, HAS COMMITTED A VIOLATION OF THE PROVISIONS OF THIS  SUBDI-
 VISION,  THE  FISCAL  OFFICER MAY RECAPTURE TAX ABATEMENTS OR EXEMPTIONS
 PROVIDED PURSUANT TO THIS SECTION AND/OR TERMINATE FUTURE TAX ABATEMENTS
 OR EXEMPTIONS MADE AVAILABLE PURSUANT TO THIS SECTION  PURSUANT  TO  THE
 FOLLOWING:
   (I)  IF  AN APPLICANT OR ANY PERSON ACTING ON BEHALF OF OR AS AN AGENT
 OF AN APPLICANT, IN CONNECTION WITH THE PERFORMANCE OF ANY CONTRACT  FOR
 CONSTRUCTION  WORK  PURSUANT  TO  THIS  SUBDIVISION, HAS COMMITTED THREE
 VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH (A), (B),  OR  (C)  OF  THIS
 SUBDIVISION  WITHIN A FIVE-YEAR PERIOD, THE FISCAL OFFICER MAY RECAPTURE
 TAX ABATEMENTS OR EXEMPTIONS PROVIDED PURSUANT TO  THIS  SECTION  AND/OR
 TERMINATE FUTURE TAX ABATEMENTS OR EXEMPTIONS MADE AVAILABLE PURSUANT TO
 THIS SECTION, PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION, THE
 APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN THE
 RECAPTURE  OF  TAX  ABATEMENTS  OR  EXEMPTIONS PROVIDED PURSUANT TO THIS
 SECTION AND/OR TERMINATION OF FUTURE TAX ABATEMENTS OR  EXEMPTIONS  MADE
 AVAILABLE  PURSUANT  TO  THIS  SECTION AND THAT THE FISCAL OFFICER SHALL
 PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO  VIOLATIONS  AS
 DEFINED IN THIS PARAGRAPH.
   (II) FOR PURPOSES OF THIS SUBDIVISION, A "VIOLATION" OF PARAGRAPH (A),
 (B),  OR (C) OF THIS SUBDIVISION SHALL BE DEEMED A FINDING BY THE FISCAL
 OFFICER THAT THE APPLICANT OR ANY PERSON ACTING ON BEHALF OF  OR  AS  AN
 AGENT  OF  AN APPLICANT HAS FAILED TO COMPLY WITH PARAGRAPH (A), (B), OR
 (C) OF THIS SUBDIVISION AND HAS FAILED TO  CURE  THE  DEFICIENCY  WITHIN
 THREE MONTHS OF SUCH FINDING.
   (III)  IF  THE  FISCAL OFFICER RECAPTURES TAX ABATEMENTS OR EXEMPTIONS
 PROVIDED PURSUANT TO THIS SECTION AND/OR TERMINATES  FUTURE  TAX  ABATE-
 MENTS  OR EXEMPTIONS MADE AVAILABLE PURSUANT TO THIS SECTION FOR NONCOM-
 PLIANCE WITH PARAGRAPH (A), (B), OR (C) OF THIS SUBDIVISION PURSUANT  TO
 THIS  PARAGRAPH: (A) ALL OF THE RESTRICTED UNITS SHALL REMAIN SUBJECT TO
 RENT STABILIZATION 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 RECAPTURED OR
 TERMINATED; 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 RECAPTURED OR TERMINATED.
   (H) AN ELIGIBLE SITE SHALL BE EXCLUDED FROM THE REQUIREMENTS OF  PARA-
 GRAPHS  (A),  (B), (C) AND (D) OF THIS SUBDIVISION WHERE THE PERFORMANCE
 OF ALL CONSTRUCTION WORK ON THE ELIGIBLE SITE IS COVERED  BY  A  PROJECT
 LABOR AGREEMENT.
   (I)  A  CONTRACTOR  AND OWNER MAY BE EXCLUDED FROM THE REQUIREMENTS OF
 PARAGRAPHS (A), (B), (C) AND (D) OF THIS  SUBDIVISION  WITH  RESPECT  TO
 ONLY  THOSE CONSTRUCTION EMPLOYEES OF THE CONTRACTOR THAT ARE PERFORMING
 CONSTRUCTION WORK ON THE ELIGIBLE SITE  UNDER  A  COLLECTIVE  BARGAINING
 AGREEMENT   OR  A  JOBSITE  AGREEMENT  THAT  HAS  EXPRESSLY  WAIVED  THE
 PROVISIONS OF PARAGRAPHS (A), (B), (C) AND (D) OF THIS SUBDIVISION.
 S. 8306--C                         71                         A. 8806--C
 
   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,
 PROVIDED, HOWEVER, THAT THIS PARAGRAPH SHALL NOT APPLY TO ANY VERY LARGE
 RENTAL PROJECT DURING THE CONSTRUCTION PERIOD OR  EXTENDED  CONSTRUCTION
 PERIOD, AS APPLICABLE; 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  AND  RENT  STABILIZATION REQUIREMENTS.   DURING THE
 RESTRICTION PERIOD, A LARGE RENTAL  PROJECT  AND  A  VERY  LARGE  RENTAL
 PROJECT  SHALL  COMPLY  WITH  AFFORDABILITY  OPTION  A,  A MODEST RENTAL
 PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION B, A SMALL RENTAL PROJECT
 SHALL COMPLY WITH THE REQUIREMENTS OF  AFFORDABILITY  OPTION  C,  AND  A
 HOMEOWNERSHIP  PROJECT  SHALL  COMPLY  WITH AFFORDABILITY OPTION D. SUCH
 ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL  NOT  THEREAFTER  BE
 CHANGED.
   (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
 S. 8306--C                         72                         A. 8806--C
 
 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, (I) ALL RESTRICTED UNITS SHALL REMAIN FULLY SUBJECT TO RENT STABILI-
 ZATION  BOTH  DURING  AND SUBSEQUENT TO THE RESTRICTION PERIOD, AND (II)
 ANY RESTRICTED UNIT OCCUPIED BY A  TENANT  WHOSE  ELIGIBILITY  HAS  BEEN
 APPROVED  BY THE AGENCY SHALL REMAIN SUBJECT TO RENT STABILIZATION UNTIL
 SUCH TENANT  VACATES  SUCH  AFFORDABLE  HOUSING  UNIT  WHERE,  (A)  SUCH
 APPROVAL  OCCURRED  PRIOR  TO  THE AGENCY'S DENIAL OF AN APPLICATION FOR
 ANNY  PROGRAM  BENEFITS  FOR  THE  MULTIPLE  DWELLING  CONTAINING   SUCH
 RESTRICTED  UNIT,  OR (B) SUCH RESTRICTED UNIT IS IN A MULTIPLE DWELLING
 FOR WHICH AN APPLICATION FOR ANNY PROGRAM BENEFITS HAS NOT BEEN FILED OR
 HAS BEEN WITHDRAWN AFTER FILING.
   (D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE  FILED  SHALL:
 (I)  CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUS-
 ING UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY  PROGRAM  AFFORDABLE
 HOUSING  UNITS"; (II) CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES
 DWELLING UNITS THAT ARE SUBJECT TO RENT STABILIZATION IN ACCORDANCE WITH
 AFFORDABILITY OPTION C; AND (III) CONTAIN AN EXPLANATION OF THE REQUIRE-
 MENTS THAT APPLY TO ALL SUCH RESTRICTED UNITS.
   (E) FAILURE TO COMPLY WITH THE PROVISIONS  OF  THIS  SUBDIVISION  THAT
 REQUIRE  THE  CREATION,  MAINTENANCE,  RENT STABILIZATION COMPLIANCE AND
 OCCUPANCY OF RESTRICTED UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP PROJECT
 THE FAILURE TO COMPLY WITH THE AFFORDABLE HOMEOWNERSHIP PROJECT REQUIRE-
 MENTS SHALL RESULT IN THE EXERCISE OF THE AGENCY'S ENFORCEMENT POWERS IN
 ACCORDANCE WITH THIS SECTION, WHICH INCLUDE, BUT  ARE  NOT  LIMITED  TO,
 REVOCATION OF ANY ANNY 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,
 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. A RESTRICTED UNIT SHALL NOT BE (I) RENTED TO A CORPO-
 RATION, 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 RESTRICTED UNIT AVAILABLE FOR OCCUPANCY.
   (H) A RESTRICTED UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRANSIENT OR
 SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR A RESTRICTED  UNIT
 SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION OF THE TENANT.
 S. 8306--C                         73                         A. 8806--C
 
   (I)  A RESTRICTED UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR CONDO-
 MINIUM OWNERSHIP.
   (J)  THE  AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
 DEEMS NECESSARY OR APPROPRIATE  FOR  (I)  THE  MARKETING  OF  RESTRICTED
 UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONITORING
 COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) THE ESTAB-
 LISHMENT  OF  MARKETING BANDS FOR AFFORDABLE HOUSING UNITS, AND (IV) 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, (I) "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM  BENEFITS
 AND/OR  ANY  SUCCESSOR  TO  SUCH  APPLICANT;  AND (II) "COVERED BUILDING
 SERVICE EMPLOYER" SHALL MEAN ANY APPLICANT AND/OR ANY EMPLOYER OF BUILD-
 ING SERVICE EMPLOYEES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO,
 A PROPERTY MANAGEMENT COMPANY OR CONTRACTOR.
   (B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY  THE  COVERED  BUILDING
 SERVICE  EMPLOYER  AT  THE  ELIGIBLE  SITE  SHALL RECEIVE THE APPLICABLE
 PREVAILING WAGE FOR THE  DURATION  OF  THE  APPLICABLE  BENEFIT  PERIOD,
 REGARDLESS OF WHETHER SUCH BENEFITS ARE REVOKED OR TERMINATED.
   (C)  THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
 OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL  OFFICER
 SHALL HAVE THE POWER:
   (I)  TO  INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
 THE PREVAILING WAGES FOR BUILDING  SERVICE  EMPLOYEES;  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  TO THE BUILDING SERVICE EMPLOYEES AND OF
 THEIR HOURS OF WORK;
   (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO SUCH FISCAL OFFICER'S
 DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;
   (VIII) TO PROMULGATE RULES  AS  SUCH  FISCAL  OFFICER  SHALL  CONSIDER
 NECESSARY  FOR  THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND
 S. 8306--C                         74                         A. 8806--C
 
 POWERS CONFERRED UPON SUCH FISCAL OFFICER  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
 CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
 SUBDIVISION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDI-
 VISION. 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 ENSURE COMPLIANCE WITH THE REQUIREMENTS OF  THIS  SUBDIVI-
 SION.
   (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,
 PROVIDED THAT IF SUCH ELIGIBLE  MULTIPLE  DWELLING  OR  DWELLINGS  BUILT
 THEREON  IS A SMALL RENTAL PROJECT, THEN SUCH ELIGIBLE MULTIPLE DWELLING
 OR DWELLINGS BUILT THEREON SHALL CONTAIN AT LEAST  ONE  RESTRICTED  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  FAILURE  TO  COMPLY WITH THIS SECTION; PROVIDED,
 HOWEVER, THAT THE AGENCY SHALL NOT  TERMINATE  OR  REVOKE  ANNY  PROGRAM
 S. 8306--C                         75                         A. 8806--C
 
 BENEFITS FOR A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION.
 IF A COVERED BUILDING SERVICE EMPLOYER HAS COMMITTED THREE VIOLATIONS OF
 THE  REQUIREMENTS  OF  PARAGRAPH (B) OF SUBDIVISION NINE OF THIS SECTION
 WITHIN A FIVE-YEAR PERIOD, THE AGENCY MAY REVOKE ANY BENEFITS ASSOCIATED
 WITH SUCH ELIGIBLE MULTIPLE DWELLING 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
 COVERED  BUILDING  SERVICE  EMPLOYER HAS FAILED TO COMPLY WITH PARAGRAPH
 (B) OF SUBDIVISION NINE OF THIS SECTION AND HAS FAILED TO CURE THE DEFI-
 CIENCY 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 OFFICER SHALL PUBLISH ON ITS WEBSITE A LIST
 OF ALL APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS SUBDIVISION. IF
 ANNY PROGRAM BENEFITS ARE TERMINATED OR REVOKED FOR  NONCOMPLIANCE  WITH
 THIS  SECTION:  (A)  ALL OF THE RESTRICTED 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.  APPLICANT  REGISTRATION.  (A)  PROSPECTIVE  APPLICANTS  FOR  ANNY
 PROGRAM BENEFITS PURSUANT TO THIS SECTION SHALL FILE WITH THE  AGENCY  A
 FORM  SUPPLIED  BY THE AGENCY WHICH: (I) STATES AN INTENTION TO FILE FOR
 SUCH BENEFITS UNDER THE PROVISIONS OF THIS  SUBDIVISION;  (II)  INCLUDES
 THE  COMMENCEMENT  DATE;  AND  (III)  ESTABLISHES THE INTENDED NUMBER OF
 TOTAL DWELLING UNITS AND, IF APPLICABLE, RESTRICTED  UNITS.  THE  AGENCY
 SHALL PROMULGATE SUCH FORM NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE
 DATE OF THIS SECTION.
   (B)  THE  FORM DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
 FILED:  (I) FOR PROJECTS WITH A COMMENCEMENT DATE BEFORE  THE  EFFECTIVE
 DATE OF THIS SECTION, NO LATER THAN SIX MONTHS AFTER SUCH EFFECTIVE DATE
 OR  SIX  MONTHS AFTER THE AGENCY PROMULGATES THE FORM DESCRIBED IN PARA-
 GRAPH (A) OF THIS SUBDIVISION, WHICHEVER IS LATER; OR (II) FOR  PROJECTS
 WITH A COMMENCEMENT DATE ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 NO  LATER  THAN  SIX  MONTHS  AFTER SUCH COMMENCEMENT DATE OR SIX MONTHS
 AFTER THE AGENCY PROMULGATES THE FORM DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, WHICHEVER IS LATER.
   (C) APPLICANTS WHO FAIL TO COMPLY WITH THE REQUIREMENTS OF THIS SUBDI-
 VISION SHALL BE SUBJECT TO A PENALTY NOT TO EXCEED ONE  HUNDRED  PERCENT
 OF  THE APPLICATION FILING FEE OTHERWISE PAYABLE PURSUANT TO SUBDIVISION
 EIGHTEEN OF THIS SECTION.
 S. 8306--C                         76                         A. 8806--C
 
   17.  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
 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.
   18. FILING FEE.  (A) THE AGENCY MAY REQUIRE A FILING FEE OF: (I) THREE
 THOUSAND  DOLLARS  PER  DWELLING UNIT IN CONNECTION WITH ANY APPLICATION
 FOR AN ELIGIBLE SITE CONSISTING OF MORE THAN FIVE AND LESS  THAN  ELEVEN
 RESIDENTIAL RENTAL DWELLING UNITS; (II) FOUR THOUSAND DOLLARS PER DWELL-
 ING  UNIT  IN  CONNECTION  WITH  ANY  APPLICATION  FOR  AN ELIGIBLE SITE
 CONSISTING OF MORE THAN ELEVEN UNITS AND LESS THAN ONE HUNDRED  RESIDEN-
 TIAL  DWELLING  UNITS;  (III) FOUR THOUSAND DOLLARS PER DWELLING UNIT IN
 CONNECTION WITH ANY APPLICATION FOR A HOMEOWNERSHIP  PROJECT;  AND  (IV)
 FIVE  THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
 TION FOR AN ELIGIBLE SITE CONSISTING OF ONE HUNDRED OR MORE  RESIDENTIAL
 DWELLING UNITS.
   (B)  NOTWITHSTANDING THE PROVISIONS CONTAINED IN PARAGRAPH (A) OF THIS
 SUBDIVISION, THE AGENCY MAY PROMULGATE RULES: (I) 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;  AND
 (II)  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 A MODEST RENTAL
 PROJECT, A LARGE RENTAL PROJECT, OR A VERY LARGE RENTAL PROJECT.
   19. 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.
   20.  REPORTING.  ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS-
 SIONER OF THE AGENCY SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT 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.
 S. 8306--C                         77                         A. 8806--C
 
   21. PENALTIES FOR VIOLATIONS OF AFFORDABILITY AND  RENT  STABILIZATION
 REQUIREMENTS. (A) ON AND AFTER THE EXPIRATION DATE OF THE TEN YEAR BENE-
 FIT,  TWENTY YEAR BENEFIT, THIRTY-FIVE YEAR BENEFIT, OR FORTY YEAR BENE-
 FIT, AS APPLICABLE, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN  OPPORTU-
 NITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE AFFORDABILITY AND RENT
 STABLIZATION  REQUIREMENTS  ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF
 THIS SECTION BY SUCH SMALL RENTAL PROJECT, MODEST RENTAL PROJECT,  LARGE
 RENTAL  PROJECT,  VERY  LARGE  RENTAL PROJECT, OR HOMEOWNERSHIP PROJECT.
 THE AGENCY SHALL ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF  SUCH
 FINES PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION.
   (B)  A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER OF
 THE ELIGIBLE SITE CONTAINING SUCH SMALL RENTAL  PROJECT,  MODEST  RENTAL
 PROJECT,  LARGE RENTAL PROJECT, VERY LARGE RENTAL PROJECT, OR HOMEOWNER-
 SHIP 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 APPLI-
 CABLE LAW AND REGULATION.
   § 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.

                                  PART V
 
   Section  1. The executive law is amended by adding a new section 373-b
 to read as follows:
   § 373-B. STANDARDS FOR SINGLE-EXIT, SINGLE STAIRWAY  MULTI-UNIT  RESI-
 DENTIAL  BUILDINGS  STUDY. THE COUNCIL SHALL CONDUCT A STUDY RELATING TO
 STANDARDS FOR EGRESS INCLUDING  PROVISIONS  FOR  MULTI-UNIT  RESIDENTIAL
 BUILDINGS  ABOVE  THREE  STORIES, UP TO AT LEAST SIX STORIES. SUCH STUDY
 SHALL CONSIDER 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 JURIS-
 DICTIONS  THAT  HAVE ADOPTED PROVISIONS ALLOWING FOR THE CONSTRUCTION OF
 SUCH BUILDINGS INTO THEIR BUILDING CODES. SUCH STUDY SHALL BE  COMPLETED
 ON  OR  BEFORE  JULY  FIRST,  TWO THOUSAND TWENTY-SIX. THE COUNCIL SHALL
 CONSIDER SUCH STUDY FINDINGS AND AMEND THE UNIFORM CODE IF NECESSARY.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed January 1, 2029.
 S. 8306--C                         78                         A. 8806--C
 
                                  PART W
 
   Section 1. Paragraph a of subdivision 1 of section 667-c of the educa-
 tion law, as amended by section 1 of part E of chapter 56 of the laws of
 2022, is amended to read as follows:
   a.  part-time  students enrolled at [the state university, a community
 college, the city university of New York, and a  non-profit  college  or
 university]  A  DEGREE GRANTING INSTITUTION OF HIGHER EDUCATION incorpo-
 rated by the regents or by the legislature who meet all requirements for
 tuition assistance program awards except  for  the  students'  part-time
 attendance; or
   § 2. This act shall take effect July 1, 2024.
 
                                  PART X
 
   Section  1.  Subparagraphs  (ii),  (iii),  and  (vi) of paragraph a of
 subdivision 3 of section 667 of the education  law,  subparagraphs  (ii)
 and  (vi) as amended by section 1 of part B of chapter 60 of the laws of
 2000, subparagraph (iii) as amended by section 3 of part H of chapter 58
 of the laws of 2011, are amended and a new (vii) is  added  to  read  as
 follows:
   (ii)  Except for students as noted in subparagraph (iii) of this para-
 graph, the base amount as determined from subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                      Schedule of reduction
                                       of base amount
 
 (A) Less than seven thousand          None
     dollars
 (B) Seven thousand dollars or         Seven per centum of excess
     more, but less than eleven        over seven thousand dollars
     thousand dollars
 (C) Eleven thousand dollars or        Two hundred eighty dollars
     more, but less than eighteen      plus ten per centum of excess
     thousand dollars                  over eleven thousand dollars
 (D) Eighteen thousand dollars or      Nine hundred eighty dollars
     more, but not more than           plus twelve per centum of
     [eighty] ONE HUNDRED TWENTY-FIVE  excess over eighteen
     thousand dollars                  thousand dollars
   (iii) (A) For students who have been  granted  exclusion  of  parental
 income  and were single with no dependent for income tax purposes during
 the tax year next preceding the academic year for which  application  is
 made,  the  base amount, as determined in subparagraph (i) of this para-
 graph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (1) Less than three thousand        None
     dollars
 (2) Three thousand dollars or       Thirty-one per centum of
     more, but not more than         amount in excess of three
     [ten] THIRTY thousand           thousand dollars
     dollars
 S. 8306--C                         79                         A. 8806--C

 (B) For those students who  have  been  granted  exclusion  of  parental
 income who have a spouse but no other dependent, for income tax purposes
 during  the tax year next preceding the academic year for which applica-
 tion is made, the base amount, as determined in subparagraph (i) of this
 paragraph, shall be reduced in relation to income as follows:
 
 Amount of income                    Schedule of reduction
                                     of base amount
 
 (1) Less than seven thousand        None
     dollars
 (2) Seven thousand dollars or       Seven per centum of excess
     more, but less than eleven      over seven thousand dollars
     thousand dollars
 (3) Eleven thousand dollars or      Two hundred eighty dollars
     more, but less than eighteen    plus ten per centum of excess
     thousand dollars                over eleven thousand dollars
 (4) Eighteen thousand dollars       Nine hundred eighty dollars
     or more, but not more than      plus twelve per centum of
     [forty] SIXTY thousand          excess over eighteen
     dollars                         thousand dollars
 
   (vi) For the two thousand two--two thousand three THROUGH TWO THOUSAND
 TWENTY-THREE--TWENTY-FOUR  academic  [year  and  thereafter]  YEARS, the
 award shall be the net amount of the base amount determined pursuant  to
 subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii)
 or (iii) of this paragraph but the award shall not be reduced below five
 hundred dollars.
   (VII)  FOR  THE  TWO  THOUSAND  TWENTY-FOUR--TWO  THOUSAND TWENTY-FIVE
 ACADEMIC YEAR AND THEREAFTER, THE AWARD SHALL  BE  THE  NET  AMOUNT   OF
 THE    BASE AMOUNT DETERMINED  PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH REDUCED PURSUANT TO SUBPARAGRAPH (II) OR (III) OF  THIS  PARA-
 GRAPH BUT THE AWARD SHALL NOT BE REDUCED BELOW ONE THOUSAND DOLLARS.
   § 2. This act shall take effect July 1, 2024.
 
                                  PART Y
 
   Section  1.  Section  410-x  of  the social services law is amended by
 adding a new subdivision 10 to read as follows:
   10. DIFFERENTIAL PAYMENT RATES FOR CHILD CARE SERVICES SHALL BE ESTAB-
 LISHED AS REQUIRED BY THIS SUBDIVISION;  PROVIDED  HOWEVER  NO  PROVIDER
 SHALL  RECEIVE  AN AGGREGATE DIFFERENTIAL IN EXCESS OF A LIMIT TO BE SET
 BY THE REGULATIONS OF THE OFFICE.
   (A) LOCAL SOCIAL SERVICES DISTRICTS  SHALL  ESTABLISH  A  DIFFERENTIAL
 PAYMENT  RATE FOR CHILD CARE SERVICES PROVIDED BY LICENSED OR REGISTERED
 CHILD CARE PROVIDERS WHO PROVIDE CARE TO A CHILD OR CHILDREN  EXPERIENC-
 ING  HOMELESSNESS.  SUCH DIFFERENTIAL PAYMENT RATE SHALL BE 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 ESTAB-
 LISHED 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
 OTHER  THAN  BETWEEN  SIX  O'CLOCK  ANTE MERIDIAN AND SEVEN O'CLOCK POST
 MERIDIAN ON WEEKDAYS. SUCH DIFFERENTIAL PAYMENT RATE SHALL  BE  NO  LESS
 S. 8306--C                         80                         A. 8806--C
 
 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.
   (C)  NOTHING  IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED TO LIMIT THE
 AUTHORITY OF THE OFFICE OF CHILDREN AND  FAMILY  SERVICES  TO  ESTABLISH
 ADDITIONAL DIFFERENTIAL PAYMENT RATES BY REGULATION.
   §  2. This act shall take effect on the first of April next succeeding
 the date on which it shall have become a law.

                                  PART Z
 
   Section 1. Section 33 of chapter 277 of the laws of 2021 amending  the
 labor  law  relating  to  the calculation of weekly employment insurance
 benefits for workers who are partially unemployed, as amended by section
 1 of part CC of chapter 56 of the laws of 2023, is amended  to  read  as
 follows:
   §  33.  This act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that sections one  through  thirty
 of  this  act shall take effect on [the first Monday after April 1,] THE
 FIRST MONDAY AFTER OCTOBER 1, 2024 or thirty days after the commissioner
 of labor certifies that the department of labor has an information tech-
 nology system capable of  accommodating  the  amendments  in  this  act,
 whichever  occurs  earlier,  and shall be applicable to all claims filed
 and payments made after such date; provided that section  thirty-one  of
 this  act  shall  take  effect  on the thirtieth day after it shall have
 become a law and shall be applicable to new  claims  on  such  date  and
 thereafter  and shall be deemed repealed on the same date as the remain-
 ing provisions of this act take effect.  SUCH EFFECTIVE DATE  APPLICABLE
 TO  SECTIONS  ONE  THROUGH THIRTY OF THIS ACT MAY BE EXTENDED IN FIFTEEN
 DAY INCREMENTS UPON NOTICE AND REPORT OF THE REASON  NECESSITATING  SUCH
 EXTENSION  FROM  THE COMMISSIONER OF LABOR TO THE TEMPORARY PRESIDENT OF
 THE SENATE AND SPEAKER OF THE  ASSEMBLY,  PROVIDED  THE  EFFECTIVE  DATE
 SHALL NOT BE EXTENDED PAST FEBRUARY 1, 2025. In a manner consistent with
 the  provisions  of this section, the commissioner of labor shall notify
 the legislative bill  drafting  commission  upon  issuing  [his  or  her
 certification]  SUCH  EXTENSIONS EVERY SUCH FIFTEEN DAYS AND IF PRIOR TO
 FEBRUARY 1, 2025, AND SHALL INFORM SUCH COMMISSION OF THE DATE OF IMPLE-
 MENTATION OF SUCH  INFORMATION  TECHNOLOGY  SYSTEM  in  order  that  the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effecting the provisions of  section  44  of  the  legislative  law  and
 section  70-b  of the public officers law, and provided further that the
 amendments to subdivision 1 of section 591 of  the  labor  law  made  by
 section twelve of this act shall be subject to the expiration and rever-
 sion  of  such  subdivision pursuant to section 10 of chapter 413 of the
 laws of 2003, as amended, when upon such date the provisions of  section
 thirteen of this act shall take effect; provided further that the amend-
 ments  to section 591-a of the labor law made by section fifteen of this
 act shall not affect the repeal of such  section  and  shall  be  deemed
 repealed 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 AA
 S. 8306--C                         81                         A. 8806--C
 
   Section 1. Paragraphs 1, 1-a, 2 and subparagraph (iii) of paragraph  4
 of  subdivision (a) of section 1174-a of the vehicle and traffic law, as
 added by chapter 145 of the  laws  of  2019,  are  amended  to  read  as
 follows:
   1. Notwithstanding any other provision of law, a county, city, town or
 village  located within a school district ("district") is hereby author-
 ized and empowered to adopt and amend a local law  or  ordinance  estab-
 lishing a demonstration program imposing monetary liability on the owner
 of  a vehicle for failure of an operator thereof to comply with SUBDIVI-
 SION (A) OF section eleven hundred seventy-four of this [chapter]  ARTI-
 CLE  when meeting a school bus marked and equipped as provided in subdi-
 visions twenty and twenty-one-c of section three hundred seventy-five of
 this chapter and operated in such county,  city,  town  or  village,  in
 accordance  with  the  provisions  of  this  section. Such demonstration
 program shall empower such county, city, town or village to install  and
 operate  school  bus  photo  violation  monitoring  systems which may be
 stationary or mobile, and which may be installed, pursuant to an  agree-
 ment  with  a school district within such county, city, town or village,
 on school buses owned and operated by such school district or  privately
 owned  and  operated for compensation under contract with such district.
 Provided, however, that (a) no stationary  school  bus  photo  violation
 monitoring system shall be installed or operated by a county, city, town
 or  village  except  on  roadways under the jurisdiction of such county,
 city, town or village, and (b) no  mobile  school  bus  photo  violation
 monitoring  system  shall  be  installed  or operated on any such school
 buses unless such county, city, town or village and such district  enter
 into an agreement for such installation and operation.
   1-a.  Any  county,  city,  town  or  village,  located within a school
 district, that has adopted a local law or  ordinance  pursuant  to  this
 section  establishing  a demonstration program imposing liability on the
 owner of a vehicle for failure of an operator  thereof  to  comply  with
 SUBDIVISION (A) OF section eleven hundred seventy-four of this [chapter]
 ARTICLE  when  meeting  a  school bus marked and equipped as provided in
 subdivisions twenty and twenty-one-c of section three  hundred  seventy-
 five  of this chapter and operated in such county, city, town or village
 may enter into an agreement with the applicable school district for  the
 installation, maintenance and use of school bus photo violation monitor-
 ing  systems  on school buses pursuant to this section and section twen-
 ty-two of the chapter of the laws of two thousand nineteen  which  added
 this section, for the proper handling and custody of photographs, micro-
 photographs, videotapes, other recorded images and data produced by such
 systems,  and  for the forwarding of such photographs, microphotographs,
 videotapes, other recorded images and data  to  the  applicable  county,
 city,  town  or  village.  Any agreement entered into hereunder shall be
 approved by each participating county, city, town or village by a major-
 ity vote of the voting strength of its governing body and by  resolution
 of the district pursuant to section sixteen hundred four, section seven-
 teen  hundred  nine,  section twenty-five hundred three, section twenty-
 five hundred fifty-four or section twenty-five hundred ninety-h  of  the
 education  law,  as applicable. Provided, however, that where a district
 has entered an agreement as provided hereunder with a county, no cities,
 towns or villages within the same county may enter into, or be  a  party
 to,  any agreement with such district pursuant to this section. Provided
 further, however, that no county shall enter an agreement with any  city
 school  district wholly contained within a city. Nothing in this section
 shall be construed to prevent a county, city, town, village or  district
 S. 8306--C                         82                         A. 8806--C
 
 at  any time to withdraw from or terminate an agreement entered pursuant
 to this section and section twenty-two  of  [the]  chapter  ONE  HUNDRED
 FORTY-FIVE  of the laws of [2019] TWO THOUSAND NINETEEN which added this
 section.
   2. Any image or images captured by school bus photo violation monitor-
 ing  systems  shall  be  inadmissible  in  any  disciplinary  proceeding
 convened by any school district or any school  bus  contractor  thereof,
 and any proceeding initiated by the department involving licensure priv-
 ileges  of school bus operators. Any school bus photo violation monitor-
 ing device mounted on a school bus shall be directed outwardly from such
 school bus to capture images of vehicles operated in violation of SUBDI-
 VISION (A) OF section eleven  hundred  seventy-four  of  this  [chapter]
 ARTICLE,  and  images  produced by such device shall not be used for any
 other purpose.
   (iii) the installation of signage in conformance with standards estab-
 lished in the MUTCD at each roadway entrance of the jurisdictional boun-
 daries of such county, city, town or village giving notice  that  school
 bus  photo violation monitoring systems are used to enforce restrictions
 on vehicles violating SUBDIVISION (A) OF section eleven  hundred  seven-
 ty-four  of this [chapter] ARTICLE.  For the purposes of this paragraph,
 the term "roadway" shall not include state expressway  routes  or  state
 interstate routes but shall include controlled-access highway exit ramps
 that  enter  the  jurisdictional  boundaries  of a county, city, town or
 village; and
   § 2. Paragraph 2 of subdivision (k) of section 1174-a of  the  vehicle
 and traffic law, as added by chapter 145 of the laws of 2019, is amended
 to read as follows:
   2.  Notwithstanding any other provision of this section, no owner of a
 vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
 section if the operator of such vehicle was operating such vehicle with-
 out  the consent of the owner at the time such operator failed to comply
 with SUBDIVISION (A) OF section  eleven  hundred  seventy-four  of  this
 [chapter]  ARTICLE.  For  purposes  of this subdivision there shall be a
 presumption that the operator of such vehicle was operating such vehicle
 with the consent of the owner at the time such operator failed to comply
 with SUBDIVISION (A) OF section  eleven  hundred  seventy-four  of  this
 [chapter] ARTICLE.
   § 3. Subdivision (d) of section 1174-a of the vehicle and traffic law,
 as  added  by  chapter  145  of  the laws of 2019, is amended to read as
 follows:
   (d) A certificate, sworn to or affirmed by a  technician  employed  by
 the  county,  city,  town  or  village  in  which  the charged violation
 occurred, or a facsimile thereof, based upon inspection of  photographs,
 microphotographs,  videotape  or  other  recorded  images  produced by a
 school bus photo violation monitoring system,  AND  OTHER  DOCUMENTS  OR
 DECLARATIONS  PERTAINING TO INSPECTIONS BY THE DEPARTMENT OF TRANSPORTA-
 TION, shall be prima facie evidence of the facts contained therein. SUCH
 CERTIFICATE, OR A FACSIMILE THEREOF, SHALL  PROVIDE  THE  IDENTIFICATION
 NUMBER  OF  THE  SCHOOL  BUS  PHOTO  VIOLATION  MONITORING  SYSTEM WHICH
 RECORDED THE VIOLATION, A STATEMENT CONFIRMING THAT  AT  THE  TIME  SUCH
 VIOLATION  WAS  RECORDED  BY  SUCH SCHOOL BUS PHOTO VIOLATION MONITORING
 SYSTEM, SUCH SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM WAS  INSTALLED
 ON  A  SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY
 AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF  THIS  CHAPTER
 AS EVIDENCED BY A VALID CERTIFICATE OF INSPECTION  ISSUED TO SUCH SCHOOL
 BUS  BY THE DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION ONE HUNDRED
 S. 8306--C                         83                         A. 8806--C
 
 FORTY OF THE TRANSPORTATION LAW AND THE  SAFETY  RULES  AND  REGULATIONS
 PROMULGATED THEREUNDER, AND THE REGISTRATION NUMBER OF THE SCHOOL BUS TO
 WHICH  SUCH  SCHOOL  BUS PHOTO VIOLATION MONITORING SYSTEM WAS ATTACHED.
 Any  photographs,  microphotographs,  videotape or other recorded images
 evidencing such a violation  shall  INCLUDE  A  RECORDED  IMAGE  OF  THE
 OUTSIDE  OF  THE MOTOR VEHICLE INVOLVED IN SUCH VIOLATION, THE REGISTRA-
 TION NUMBER OF SUCH VEHICLE, AT LEAST ONE ACTIVATED SCHOOL BUS STOP-ARM,
 AND AN ELECTRONIC INDICATOR OR INDICATORS SHOWING THE ACTIVATION OF  THE
 FLASHING  RED  SIGNAL  LAMPS  OF  THE SCHOOL BUS TO WHICH THE SCHOOL BUS
 PHOTO VIOLATION MONITORING SYSTEM PRODUCING SUCH PHOTOGRAPHS,  MICROPHO-
 TOGRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES WAS INSTALLED AT THE TIME
 SUCH VIOLATION OCCURRED, AND SHALL be available for  inspection  in  any
 proceeding  to adjudicate the liability for such violation pursuant to a
 local law or ordinance adopted pursuant to this section. WHERE  RECORDED
 IMAGES FROM A SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEM ATTACHED TO A
 SCHOOL  BUS,  AS  CERTIFIED PURSUANT TO THIS SUBDIVISION, SHOW THE ACTI-
 VATION OF AT LEAST ONE SCHOOL BUS STOP-ARM AND AN  ELECTRONIC  INDICATOR
 OR INDICATORS AS REQUIRED PURSUANT TO THIS SUBDIVISION, THERE SHALL BE A
 REBUTTABLE  PRESUMPTION THAT SUCH SCHOOL BUS WAS STOPPED FOR THE PURPOSE
 OF RECEIVING OR DISCHARGING ANY PASSENGERS OR BECAUSE A  SCHOOL  BUS  IN
 FRONT  OF  IT  HAD  STOPPED  TO  RECEIVE  OR DISCHARGE ANY PASSENGERS. A
 CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE  COUN-
 TY,  CITY, TOWN OR VILLAGE IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
 FACSIMILE THEREOF, AFTER REVIEWING EVIDENCE THAT ON THE DAY THE  CHARGED
 VIOLATION OCCURRED SUCH SCHOOL BUS HAD A VALID CERTIFICATE OF INSPECTION
 ISSUED  BY  THE  DEPARTMENT  OF  TRANSPORTATION  PURSUANT TO SECTION ONE
 HUNDRED FORTY OF THE TRANSPORTATION LAW AND THE SAFETY RULES  AND  REGU-
 LATIONS  PROMULGATED THEREUNDER, SHALL BE PRIMA FACIE EVIDENCE THAT SUCH
 SCHOOL BUS WAS MARKED AND EQUIPPED AS PROVIDED  IN  SUBDIVISIONS  TWENTY
 AND  TWENTY-ONE-C  OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER
 AND THE FLASHING RED SIGNAL LAMP OF SUCH SCHOOL BUS WAS IN OPERATION  AT
 THE TIME THE VIOLATION OCCURRED.
   §  4.  Paragraph 2 of subdivision (g) of section 1174-a of the vehicle
 and traffic law, as added by chapter 145 of the laws of 2019, is amended
 to read as follows:
   2. A notice of liability shall contain the name  and  address  of  the
 person  alleged  to be liable as an owner for a violation of subdivision
 (a) of section eleven hundred seventy-four of this article  pursuant  to
 this  section,  the  registration number of the vehicle involved in such
 violation, the location where such violation took place,  the  date  and
 time  of such violation [and], the identification number of the [camera]
 SCHOOL  BUS  PHOTO  VIOLATION  MONITORING  SYSTEM  which  recorded   the
 violation  or other document locator number, AND THE REGISTRATION NUMBER
 OF THE SCHOOL BUS ON WHICH THE SCHOOL  BUS  PHOTO  VIOLATION  MONITORING
 SYSTEM WHICH RECORDED THE VIOLATION WAS INSTALLED.
   § 5. The opening paragraph of section 25 of chapter 145 of the laws of
 2019  amending  the vehicle and traffic law relating to school bus photo
 violation monitoring systems and owner liability for failure of operator
 to stop for a school bus displaying a red visual signal, is  amended  to
 read as follows:
   This  act  shall  take effect on the thirtieth day after it shall have
 become a law and shall expire December 1, [2024]  2029  when  upon  such
 date  the provisions of this act shall be deemed repealed; provided that
 any such local law as may be enacted pursuant to this act  shall  remain
 in  full  force  and  effect  only  until  December  1,  [2024] 2029 and
 provided, further, that:
 S. 8306--C                         84                         A. 8806--C
 
   § 6. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 1174-a of the vehicle and traffic law made by
 sections one, two, three and four of  this  act  shall  not  affect  the
 repeal of such section and shall be deemed repealed therewith.
 
                                  PART BB
 
   Section  1.  The insurance law is amended by adding a new section 3462
 to read as follows:
   § 3462. AFFORDABLE HOUSING UNDERWRITING AND RATING.   (A)  AN  INSURER
 THAT  ISSUES  OR  DELIVERS  IN THIS STATE A POLICY OF INSURANCE COVERING
 LOSS OF OR DAMAGE TO REAL  PROPERTY  CONTAINING  UNITS  FOR  RESIDENTIAL
 PURPOSES OR LEGAL LIABILITY OF AN OWNER OF SUCH REAL PROPERTY, SHALL NOT
 INQUIRE  ABOUT ON AN APPLICATION, NOR SHALL AN INSURER CANCEL, REFUSE TO
 ISSUE, REFUSE TO RENEW OR INCREASE THE PREMIUM OF A POLICY, OR  EXCLUDE,
 LIMIT, RESTRICT, OR REDUCE COVERAGE UNDER A POLICY BASED ON, THE FOLLOW-
 ING:
   (1)  THE  RESIDENTIAL  BUILDING  CONTAINS DWELLING UNITS THAT SHALL BE
 AFFORDABLE TO RESIDENTS AT A SPECIFIC INCOME LEVEL PURSUANT TO  A  STAT-
 UTE, REGULATION, RESTRICTIVE DECLARATION, OR REGULATORY AGREEMENT WITH A
 LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY;
   (2) THE REAL PROPERTY OWNER OR TENANTS OF SUCH RESIDENTIAL BUILDING OR
 THE  SHAREHOLDERS  OF  A  COOPERATIVE HOUSING CORPORATION RECEIVE RENTAL
 ASSISTANCE PROVIDED BY A LOCAL, STATE,  OR  FEDERAL  GOVERNMENT  ENTITY,
 INCLUDING,  BUT  NOT  LIMITED TO, THE RECEIPT OF FEDERAL VOUCHERS ISSUED
 UNDER SECTION EIGHT OF THE UNITED STATES HOUSING ACT OF 1937(42 U.S.C. §
 1437F);
   (3) THE LEVEL OR SOURCE OF INCOME OF THE TENANTS  OF  THE  RESIDENTIAL
 BUILDING OR THE SHAREHOLDERS OF A COOPERATIVE HOUSING CORPORATION; OR
   (4)  WHETHER  SUCH  RESIDENTIAL  BUILDING IS OWNED BY A LIMITED-EQUITY
 COOPERATIVE; OWNED BY A PUBLIC HOUSING AUTHORITY; OR OWNED BY A  COOPER-
 ATIVE  HOUSING  CORPORATION  SUBJECT  TO  THE PROVISIONS OF ARTICLE TWO,
 ARTICLE FOUR, ARTICLE FIVE OR ARTICLE  ELEVEN  OF  THE  PRIVATE  HOUSING
 FINANCE LAW.
   (B)  NOTHING IN THIS SECTION SHALL PROHIBIT AN INSURER FROM CANCELING,
 REFUSING  TO  ISSUE, REFUSING TO RENEW, OR INCREASING  THE  PREMIUM  OF,
 AN  INSURANCE  POLICY,  OR EXCLUDING, LIMITING, RESTRICTING, OR REDUCING
 COVERAGE UNDER SUCH POLICY, DUE TO OTHER FACTORS THAT ARE  PERMITTED  OR
 NOT PROHIBITED BY ANY OTHER SECTION OF THIS CHAPTER.
   § 2. This act shall take effect immediately.
 
                                  PART CC
 
   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  TEN
 MILLION DOLLARS OR MORE 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.
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   § 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, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH
 (B) OF THIS SUBDIVISION.
   (B) THE FUND SHALL NOT BE REQUIRED TO USE A  PROJECT  LABOR  AGREEMENT
 WHERE IT DETERMINES THAT SUCH AGREEMENT WOULD BE INCONSISTENT WITH PARA-
 GRAPH  (A)  OF  SUBDIVISION TWO OF SECTION TWO HUNDRED TWENTY-TWO OF THE
 LABOR LAW OR STATE COMPETITIVE BIDDING LAWS.    ANY  SUCH  DETERMINATION
 SHALL  BE  PROVIDED  IN  A  WRITTEN EXPLANATION FOR A PARTICULAR PROJECT
 CONTRACT BY THE SOLICITATION DATE.  THE GOALS AND REQUIREMENTS OF  ARTI-
 CLE  FIFTEEN-A  OF  THE  EXECUTIVE  LAW AND ARTICLE THREE OF THE VETERAN
 SERVICES LAW SHALL APPLY TO ALL PROJECT LABOR AGREEMENTS.
   (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 January 1, 2025 and shall apply to all
 large-scale  construction projects for which a bid advertisement has not
 been published in the contract reporter as of such effective date.
 
                                  PART DD
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "city of Dunkirk fiscal recovery act".
   §  2.  Definitions. As used in this act, the following words and terms
 shall have the following meanings respectively, unless  the  text  shall
 indicate another or different meaning or intent:
   (a)  "Budget" means a current operating budget of the city prepared or
 adopted pursuant to general, special or  local  law,  being  the  annual
 budget  and estimate of expenditures to be made during a fiscal year for
 the general support and current expenses of the government of  the  city
 to  be  paid  from taxes or assessments or other current revenues of the
 city for such year.
   (b) "City" means the city of Dunkirk, in the county of Chautauqua.
   (c) "City treasurer" means the treasurer of the city.
   (d) "City council" means the city council of the city.
   (e) "City fiscal affairs officer" means the city fiscal affairs  offi-
 cer of the city.
   (f)  "City taxes" means and includes all taxes on real property levied
 and assessed by the city, based on valuation thereof and shall not  mean
 any rent, rate, fee, special assessment or other charge based on benefit
 or use.
   (g)  "Collecting  officer"  means the officer empowered to collect and
 receive city taxes.
   (h) "Deficit bonds" means the bonds authorized to be issued by section
 three of this act.
   (i) "Deficit notes" means bond anticipation  notes  issued  in  antic-
 ipation of the issuance of deficit bonds.
   (j)  "Financial  plan" means the three-year financial plan required by
 section nine of this act.
   (k) "Fiscal year" means the fiscal year of the city.
 S. 8306--C                         86                         A. 8806--C
 
   (l) "Mayor" means the mayor of the city.
   (m)  "Outstanding",  when used with respect to obligations of the city
 as of any particular date, means all obligations of the city theretofore
 issued and thereupon being issued except any obligation theretofore paid
 and discharged or for the payment of the principal of  and  interest  on
 which  money is held by or on behalf of the city, in trust solely and in
 all events only for the purpose and sufficient to pay in full the  prin-
 cipal  and  redemption  premium,  if  any, of and interest on such obli-
 gations.
   (n) "Special debt service" means, with respect to a fiscal  year,  the
 amounts  required  for  the  timely  payment of (i) all principal due or
 becoming due and payable in said year with respect to any serial  bonds,
 tax  anticipation  notes, capital notes or budget notes of the city, and
 all principal amortization for said year required by law with respect to
 bond anticipation notes or other securities of the city, and not specif-
 ically mentioned in paragraph (ii) of this subdivision, (ii) all  inter-
 est  due  or  becoming  due and payable in said year with respect to any
 serial bonds, bond anticipation notes, tax anticipation  notes,  revenue
 anticipation  notes,  capital notes, budget notes or other securities of
 the city not specifically mentioned herein, and (iii) all  sinking  fund
 contributions  required  in  said  year with respect to any sinking fund
 bonds.
   (o) "Special debt service fund" means the fund which is  held  by  the
 state  comptroller and is described and provided for in section thirteen
 of this act.
   (p) "State aid" means all aid and incentives for municipalities pursu-
 ant to section 54 of the state finance law, any successor  type  of  aid
 and any new aid appropriated by the state as local government assistance
 for the benefit of the city.
   (q)  "State  comptroller" means the comptroller of the state, pursuant
 to their authority to supervise the accounts of any  political  subdivi-
 sion of the state.
   Unless  the context specifically provides otherwise, any terms used in
 this act such as revenues, expenditures or expenses shall  be  construed
 as  such term is construed under applicable accounting principles incor-
 porated in the uniform system of accounts prescribed by the state  comp-
 troller.
   § 3. Deficit bond and deficit note issuance authorization. The city is
 hereby authorized to issue bonds, subject to the provisions of this act,
 on  or before December 31, 2025, in an aggregate principal amount not to
 exceed eighteen million  five  hundred  thousand  dollars  ($18,500,000)
 (exclusive  of  the costs and expenses incidental to the issuance of the
 bonds authorized to be issued by this section) for the  specific  object
 or  purpose  of  liquidating  actual deficits in its general fund, water
 fund, sewer fund, and the capital projects fund existing at the close of
 its 2024 fiscal year. In anticipation of the  issuance  of  such  bonds,
 deficit notes are hereby authorized to be issued.
   §  4.  Period  of probable usefulness established. It is hereby deter-
 mined that the financing of the deficits described in section  three  of
 this  act is an object or purpose of the city for which indebtedness may
 be incurred, the period of probable usefulness of which is hereby deter-
 mined to be fifteen years, computed from the date of such deficit  bonds
 or  from the date of the first deficit notes, whichever date is earlier.
 Such deficit bonds and deficit notes shall be general obligations of the
 city, to which the faith and credit of the city is pledged, and the city
 S. 8306--C                         87                         A. 8806--C
 
 shall make an annual appropriation sufficient to pay  the  principal  of
 and interest on such obligations as the same shall become due.
   §  5.  Certification of deficit. No deficit bonds may be issued unless
 and until the state comptroller  shall  first  review  and  confirm  the
 existence  of  the  deficits  described in section three of this act, as
 well as certify the amount of the deficits. As soon as practicable after
 the effective date of this act, but in no event prior to  the  close  of
 the  city's  2024 fiscal year, the city shall prepare a report detailing
 the amount and cause of the deficit and submit to the state  comptroller
 such  report,  together  with  the independent audit report for its last
 completed fiscal year and such other  information  as  the  state  comp-
 troller  may  deem  necessary.  Within  thirty  days after receiving all
 necessary reports and information, the state comptroller shall:
   (a) perform such reviews as may be necessary;
   (b) confirm the existence and certify the amount of the deficits; and
   (c) provide notification to the city fiscal affairs officer, the  city
 treasurer, the mayor and the city council as to the existence and amount
 of any such deficits.
   § 6. Limit on amount of deficit bonds. Deficit bonds may not be issued
 in  an  amount exceeding the amount of such deficits as certified by the
 state comptroller. If the city issues deficit notes prior to a  determi-
 nation  by the state comptroller pursuant to section five of this act in
 an amount in excess of the amount of such deficits as confirmed  by  the
 state  comptroller,  the  city  shall, from funds other than proceeds of
 bonds or bond anticipation notes, either redeem such  deficit  notes  in
 the  amount by which the amount of such deficit notes exceeds the amount
 of such deficits as confirmed by the state comptroller or deposit a  sum
 equal  to  the  amount  by which such deficit notes exceed the amount of
 such deficits as confirmed by the state  comptroller  into  the  special
 debt service fund.
   § 7. Quarterly budget reports and trial balances. For each fiscal year
 during  the effective period of this act, the city treasurer shall moni-
 tor budgets of the city and, for each budget, prepare a quarterly report
 of summarized budget data depicting overall trends  of  actual  revenues
 and  budget  expenditures  for  the entire budget rather than individual
 line items. Such reports shall compare revenue estimates  and  appropri-
 ations as set forth in such budget with the actual revenues and expendi-
 tures  made  to  date.  All  quarterly reports shall be accompanied by a
 recommendation by the city fiscal  affairs  officer  setting  forth  any
 remedial  action  necessary  to  resolve any unfavorable budget variance
 including the overestimation of  revenues  and  the  underestimation  of
 appropriations,  and shall be completed within thirty days of the end of
 each quarter. The city treasurer shall also prepare,  as  part  of  such
 report,  a quarterly trial balance of general ledger accounts. The above
 quarterly budgetary  reports  and  quarterly  trial  balances  shall  be
 prepared  in  accordance  with applicable accounting principles incorpo-
 rated in the uniform system of accounts prescribed by  the  state  comp-
 troller.  These  reports  shall  be submitted to the city fiscal affairs
 officer, the mayor, the city council, the state director of the  budget,
 the  state comptroller, the chair of the assembly ways and means commit-
 tee, and the chair of the senate finance committee.
   § 8. Budget review by state comptroller. During the  effective  period
 of  this  act, the city fiscal affairs officer shall submit the proposed
 budget for the next succeeding fiscal year to the state  comptroller  no
 later  than thirty days before the date scheduled for the city council's
 vote on the adoption of the final budget or the last date on  which  the
 S. 8306--C                         88                         A. 8806--C
 
 budget  may  be  finally  adopted,  whichever is sooner. The state comp-
 troller shall examine such proposed budget and make such recommendations
 as deemed appropriate thereon to the city prior to the adoption  of  the
 budget,  but  no  later  than ten days before the date scheduled for the
 city council's vote on the adoption of the final budget or the last date
 on which the budget must be adopted, whichever is sooner. Such recommen-
 dations shall be made after examination into the estimates  of  revenues
 and  expenditures of the city. The city council, no later than five days
 prior to the adoption of the budget, shall review any  such  recommenda-
 tions  and  make  adjustments to the proposed budget consistent with any
 recommendations made by the state comptroller.
   § 9. Multiyear financial plans. During the effective  period  of  this
 act,  the  city  fiscal  affairs  officer  shall prepare, along with the
 proposed budget for the next succeeding fiscal year, a three-year finan-
 cial plan covering the next succeeding fiscal year and  the  two  fiscal
 years  thereafter.  The  financial  plan  shall,  at  a minimum, contain
 projected employment levels, projected annual expenditures for  personal
 service, fringe benefits, non-personal services and debt service; appro-
 priate reserve fund amounts; estimated annual revenues including projec-
 tion  of  property tax rates, the value of the taxable real property and
 resulting tax levy, annual growth in  sales  tax  and  non-property  tax
 revenues;  and  the proposed use of one-time revenue sources. The finan-
 cial plan shall also identify actions necessary to achieve and  maintain
 long-term  fiscal  stability,  including,  but  not limited to, improved
 management  practices,  initiatives  to  minimize  or  reduce  operating
 expenses,  and  potential  shared services agreements with other munici-
 palities. Within thirty days following the adoption by the city  council
 of  the  budget  for  the  next  succeeding  fiscal  year  and  upon the
 completion of each quarterly budget report pursuant to section seven  of
 this  act,  the  city  fiscal affairs officer shall update the financial
 plan consistent with  such  adopted  budget  or  such  quarterly  budget
 report. Copies of the financial plan and any update shall be provided to
 the  city  treasurer, the mayor, the city council, the state director of
 the budget, the state comptroller, the chair of the  assembly  ways  and
 means committee, and the chair of the senate finance committee.
   §  10.  State  comptroller to comment on further debt issuance. During
 the effective period of this act, the city treasurer  shall  notify  the
 state  comptroller  at  least  fifteen days prior to the issuance of any
 bonds or notes or entering into any installment purchase  contract,  and
 the  state comptroller may review and make recommendations regarding the
 affordability to the city of any such proposed issuance or contract.
   § 11. Private sale of bonds authorized. To facilitate the marketing of
 (a) deficit bonds, (b) any bonds issued to refund  such  deficit  bonds,
 and (c) any other bonds to be issued on or before December 31, 2025, the
 city  may,  notwithstanding any limitation on the private sales of bonds
 provided by law and subject to the approval of the state comptroller  of
 the terms and conditions of such sales:
   (1) arrange for the underwriting of such bonds at private sale through
 negotiated fees or by sale of such bonds to an underwriter; or
   (2)  arrange  for  the  private  sale of such bonds through negotiated
 agreement, with compensation for such sales to be provided by negotiated
 agreement and/or negotiated fee, if required.
   The cost of such underwriting or private placement shall be deemed  to
 be a preliminary cost for purposes of section 11.00 of the local finance
 law.
 S. 8306--C                         89                         A. 8806--C
 
   §  12. Exceptions to the local finance law. Except as provided in this
 act, all proceedings in connection with the  issuance  of  such  deficit
 bonds  or  deficit  notes  shall be had and taken in accordance with the
 provisions of the local finance law, provided, however, that any  resol-
 ution  or  resolutions  authorizing  the  issuance of such bonds or bond
 anticipation notes shall not be subject to (a) any mandatory or  permis-
 sive  referendum,  (b)  the  provisions  of  section 107.00 of the local
 finance law with respect to any requirements for a down payment and  (c)
 the provisions of section 10.10 of the local finance law.
   §  13. Special debt service fund. (a) Upon the issuance of any deficit
 bonds or deficit notes, the city council shall establish and  thereafter
 maintain  a special debt service fund with the state comptroller for the
 purpose of paying the special debt service due or becoming due in subse-
 quent fiscal years. Such special debt service fund shall be discontinued
 upon the expiration of the effectiveness of this act,  and  any  balance
 remaining in the special debt service fund at that time shall be paid by
 the  state  comptroller to the city treasurer for use by the city in the
 manner provided by law.
   (b) The state comptroller shall deposit and pay into the special  debt
 service  fund  any  portion of state aid as the state comptroller deter-
 mines necessary to ensure sufficient moneys are available to make sched-
 uled special debt service payments from the special  debt  service  fund
 over  the  succeeding  twelve  month period taking account of the city's
 receipt of city taxes and state aid during such twelve month period  and
 the  availability of other amounts appropriated or set aside by the city
 to make such payments. Thereafter, the state comptroller shall, as  soon
 as practicable, pay over the remainder of any such state aid to the city
 treasurer for use by the city in the manner provided by law.
   (c)  Not  later than the first day of each fiscal year beginning after
 issuance of any deficit bonds or deficit notes, the city treasurer shall
 certify to the state comptroller the percentage obtained by dividing the
 balance obtained by subtracting the amount of the appropriation for such
 year for a reserve for uncollected taxes from the total amount  of  city
 taxes levied and assessed for such year, into the total appropriation in
 the  budget of such year for special debt service, and the percentage so
 certified shall constitute the debt service percentage for  such  fiscal
 year. Immediately upon receipt of any payment during such fiscal year of
 or  on  account  of any city taxes, the city, its collecting officer and
 any agent receiving the same shall remit such payment to the state comp-
 troller. Of each sum so received, the state  comptroller  shall  deposit
 and  pay into the special debt service fund the portion thereof equal to
 the debt service percentage of the total sum, and shall deposit and  pay
 into  the  fund  such additional amounts as the state comptroller deter-
 mines necessary to ensure sufficient moneys are available to make sched-
 uled special debt service payments from the special  debt  service  fund
 over  the succeeding twelve month period taking account of the timing of
 the city's receipt of city taxes and state aid during such twelve  month
 period  and  the availability of other amounts appropriated or set aside
 by the city to make such payments.  Thereafter,  the  state  comptroller
 shall, as soon as practicable, pay over the remainder of such sum to the
 city treasurer for use by the city in the manner provided by law.
   (d)  The  moneys in the special debt service fund shall be invested in
 the manner  provided  by  section  11  of  the  general  municipal  law,
 provided,  however, that the investments shall be made for and on behalf
 of the city by the state comptroller upon instructions  from  the  chief
 fiscal  officer  of  the  city which shall be consistent with the city's
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 investment policy adopted pursuant to section 39 of the general  munici-
 pal law.
   (e)  The  state comptroller shall from time to time during each fiscal
 year withdraw from the special debt service fund  all  amounts  required
 for  the  payment as the same becomes due of all special debt service of
 such fiscal year and cause the amounts so withdrawn  to  be  applied  to
 such payments as and when due.
   (f) The special debt service fund and all monies or securities therein
 or payable thereto in accordance with this section is hereby declared to
 be  city property devoted to essential governmental purposes and accord-
 ingly, shall not be applied to any purpose other than as provided herein
 and shall not be  subject  to  any  order,  judgment,  lien,  execution,
 attachment,  setoff  or  counterclaim  by any creditor of the city other
 than a creditor for whose benefit such fund  is  established  and  main-
 tained and entitled thereto under and pursuant to this act.
   §  14.  Agreement  with the state. (a) The state does hereby pledge to
 and agree with the holders of any  bonds,  notes  or  other  obligations
 issued  by  the city during the effective period of this act and secured
 by such a pledge that the state will not  limit,  alter  or  impair  the
 rights  hereby vested in the city to fulfill the terms of any agreements
 made with such holders pursuant to this act, or in any  way  impair  the
 rights  and  remedies  of  such  holders or the security for such bonds,
 notes or other obligations until such bonds, notes or other  obligations
 together  with  the  interest  thereon  and  all  costs  and expenses in
 connection with any action or proceeding by or on behalf of  such  hold-
 ers,  are  fully  paid and discharged. The city is authorized to include
 this pledge and agreement of the state in any agreement with the holders
 of such bonds, notes or other obligations. Nothing contained in this act
 shall be deemed to (i) obligate the state to make any payments or impose
 any taxes to satisfy the debt service  obligations  of  the  city,  (ii)
 restrict  any  right  of the state to amend, modify, repeal or otherwise
 alter (A) section 54 of the state finance law  or  any  other  provision
 relating  to state aid, or (B) statutes imposing or relating to taxes or
 fees, or appropriations relating thereto, or (iii) create a debt of  the
 state  within the meaning of any constitutional or statutory provisions.
 The city shall not include in any resolution, contract or agreement with
 holders of such bonds, notes or other obligations  any  provision  which
 provides  that an event of default occurs as a result of the state exer-
 cising its rights described in paragraph (ii) of this subdivision.
   (b) Any provision with respect to state aid shall be deemed  executory
 only  to  the  extent  of  moneys  available,  and no liability shall be
 incurred by the state beyond the moneys available for that purpose,  and
 any  such payment by the state comptroller of state aid shall be subject
 to annual appropriation of state aid by the state legislature.
   § 15. Rights of the state comptroller  and  bondholders.  (a)  In  the
 event that the city shall fail to comply with any provision of this act,
 and  such non-compliance shall continue for a period of 30 days, (1) the
 state comptroller acting alone, or (2) a duly  appointed  representative
 of  the  holders of at least 25 per centum in aggregate principal amount
 of (i) any series of deficit bonds or deficit notes, (ii) any series  of
 bonds issued to refund such deficit bonds or deficit notes, or (iii) any
 other  series  of notes or bonds issued by the city during the effective
 period of this act, by instrument or instruments filed in the office  of
 the  clerk  of  Chautauqua county and proved or acknowledged in the same
 manner as a deed to be recorded, may  bring  an  action  or  commence  a
 proceeding  in  accordance  with the civil practice law and rules to (A)
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 require the city to carry out any of its obligations under this  act  or
 (B)  enjoin  any acts or things which may be unlawful or in violation of
 the obligations imposed on the city under this  act.  In  addition,  the
 duly  appointed  representative of the bondholders of any such series of
 notes or bonds may bring an action or commence a proceeding  in  accord-
 ance  with the civil practice law and rules to enforce the rights of the
 holders of such series of notes or bonds.
   (b) The supreme court in the county of Chautauqua shall have jurisdic-
 tion of any action or proceeding by the state comptroller or the  repre-
 sentative of such bondholders.
   § 16. Severability clause. If any clause, sentence, paragraph, section
 or  part  of this act shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair or invali-
 date the remainder thereof, but shall be confined in  its  operation  to
 the clause, sentence, paragraph, section or part involved in the contro-
 versy in which such judgment shall have been rendered. The provisions of
 this  act shall be liberally construed to assist the effectuation of the
 public purposes furthered hereby.
   § 17. This act shall take effect immediately; and shall remain in full
 force and effect until the fifteenth anniversary of the  date  of  first
 issuance  of  deficit  bonds or deficit notes pursuant to this act, when
 upon such date the provisions of this act shall be deemed repealed;  and
 provided,  however, that the state comptroller shall notify the legisla-
 tive bill drafting commission upon the occurrence 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 furth-
 erance of effectuating the provisions of section 44 of  the  legislative
 law and section 70-b of the public officers law.
 
                                  PART EE

   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  TEN  OR MORE DWELLING UNITS, WHERE ALL OF THE
 UNITS ARE RENTED FOR RESIDENTIAL PURPOSES, AND  TWENTY-FIVE  PERCENT  OF
 SUCH  UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOW-
 ING  A  VACANCY  DURING  THE  BENEFIT  PERIOD,  ARE  AFFORDABLE  TO  AND
 RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES WHOSE HOUSEHOLD
 INCOME DOES NOT EXCEED A WEIGHTED AVERAGE OF NO LESS THAN SIXTY  PERCENT
 OF  THE  AREA  MEDIAN INCOME AND NO MORE THAN EIGHTY PERCENT OF THE AREA
 MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME  THAT  SUCH  HOUSE-
 HOLDS INITIALLY OCCUPY SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF
 THE INCOME RESTRICTED UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
 S. 8306--C                         92                         A. 8806--C
 
 RENTAL  FOLLOWING  A  VACANCY  DURING THE RESTRICTION PERIOD OR EXTENDED
 RESTRICTION PERIOD, AS APPLICABLE, SHALL BE AFFORDABLE TO AND RESTRICTED
 TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT
 EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI-
 LY SIZE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING
 UNITS.  PROVIDED  FURTHER,  THAT  ANY LOCAL LAW AUTHORIZING AN EXEMPTION
 PURSUANT TO THIS SECTION MAY PROVIDE FOR THE AREA MEDIAN INCOME WEIGHTED
 AVERAGE WITHIN THE AMOUNTS SET FORTH IN THIS PARAGRAPH. SUCH RESTRICTION
 PERIOD SHALL BE IN EFFECT COTERMINOUS WITH THE BENEFIT PERIOD, PROVIDED,
 HOWEVER, THAT THE TENANT OR TENANTS IN  AN  INCOME  RESTRICTED  DWELLING
 UNIT  AT  THE  TIME SUCH RESTRICTION PERIOD ENDS SHALL HAVE THE RIGHT TO
 LEASE RENEWALS AT THE INCOME RESTRICTED LEVEL UNTIL SUCH  TIME  AS  SUCH
 TENANT OR TENANTS PERMANENTLY VACATE THE DWELLING UNIT.
   2.  ELIGIBLE  NEWLY-CONSTRUCTED OR CONVERTED RENTAL MULTIPLE DWELLINGS
 IN A DESIGNATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION  WHILE
 UNDER  CONSTRUCTION,  SUBJECT TO A MAXIMUM OF THREE YEARS. SUCH PROPERTY
 SHALL THEN BE EXEMPT FOR AN  ADDITIONAL  PERIOD  OF  TWENTY-FIVE  YEARS,
 PROVIDED, THAT THE EXEMPTION PERCENTAGE DURING SUCH ADDITIONAL PERIOD OF
 TWENTY-FIVE  YEARS  SHALL BEGIN AT NINETY-SIX PERCENT AND SHALL DECREASE
 BY FOUR PERCENT EACH YEAR THEREAFTER. PROVIDED, HOWEVER:
   (A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN  AN  AMOUNT  AT
 LEAST  EQUAL TO THE TAXES PAID ON SUCH LAND AND ANY IMPROVEMENTS THEREON
 DURING THE TAX YEAR PRECEDING THE COMMENCEMENT OF SUCH EXEMPTION.
   (B) NO OTHER  EXEMPTION  MAY  BE  GRANTED  CONCURRENTLY  TO  THE  SAME
 IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW.
   3.   TO  BE  ELIGIBLE  FOR  EXEMPTION  UNDER  THIS  SECTION,  ANY  NEW
 CONSTRUCTION SHALL TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERU-
 TILIZED LAND, OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR  ON  LAND
 CONTAINING ONE OR MORE SUBSTANDARD OR STRUCTURALLY UNSOUND DWELLINGS, OR
 A  DWELLING  THAT  HAS  BEEN CERTIFIED AS UNSANITARY BY THE LOCAL HEALTH
 AGENCY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  TO  ANY  NEW
 CONVERSIONS UNDERTAKEN PURSUANT TO THIS SECTION.
   4.  APPLICATION  FOR  EXEMPTION  UNDER THIS SECTION SHALL BE MADE ON A
 FORM PRESCRIBED BY THE COMMISSIONER AND FILED WITH THE  ASSESSOR  ON  OR
 BEFORE THE APPLICABLE TAXABLE STATUS DATE.
   5.  IN  THE CASE OF 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.
   6. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I) "APPLICANT" SHALL MEAN AN APPLICANT FOR THE  EXEMPTION  AUTHORIZED
 BY THIS SECTION AND/OR ANY SUCCESSOR TO SUCH APPLICANT.
   (II)  "COVERED  BUILDING  SERVICE  EMPLOYER"  SHALL MEAN ANY APPLICANT
 AND/OR ANY EMPLOYER OF BUILDING SERVICE  EMPLOYEES  FOR  SUCH  APPLICANT
 S. 8306--C                         93                         A. 8806--C
 
 INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGEMENT COMPANY OR CONTRAC-
 TOR.
   (III)  "BUILDING  SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGU-
 LARLY EMPLOYED AT, AND PERFORMS WORK IN  CONNECTION  WITH  THE  CARE  OR
 MAINTENANCE OF, AN ELIGIBLE MULTIPLE DWELLING, INCLUDING, BUT NOT LIMIT-
 ED  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.
   (IV) "FISCAL OFFICER" SHALL MEAN THE COMMISSIONER OF LABOR.
   (V) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN ANY  NEWLY-CONSTRUCTED  OR
 CONVERTED  RENTAL  MULTIPLE  DWELLINGS THAT RECEIVE BENEFITS PURSUANT TO
 THIS SECTION.
   (B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY  THE  COVERED  BUILDING
 SERVICE  EMPLOYER  AT  THE  ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE
 APPLICABLE PREVAILING WAGE IN ACCORDANCE WITH ARTICLE NINE OF THE  LABOR
 LAW  FOR  THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH
 BENEFITS ARE REVOKED OR  TERMINATED.  SUCH  APPLICABLE  PREVAILING  WAGE
 SHALL  IN NO CASE BE LOWER THAN THE PREVAILING WAGE PROVIDED TO BUILDING
 SERVICE EMPLOYEES FOR WORK PERFORMED WITHIN THE RESPECTIVE COUNTY  UNDER
 THE COLLECTIVE BARGAINING AGREEMENT COVERING THE LARGEST NUMBER OF HOUR-
 LY  BUILDING  SERVICE EMPLOYEES EMPLOYED AT RESIDENTIAL BUILDINGS WITHIN
 SUCH COUNTY IN EACH JOB CLASSIFICATION ESTABLISHED BY  THE  COMMISSIONER
 OF  LABOR.  THE  COMMISSIONER  OF  LABOR  SHALL DETERMINE THE APPLICABLE
 PREVAILING WAGE RATES AND PREVAILING RATE OF FRINGE  BENEFITS  FOR  EACH
 JOB CLASSIFICATION CONSISTENT WITH THE CORRESPONDING JOB CLASSIFICATIONS
 COVERED  BY  SUCH  COLLECTIVE  BARGAINING  AGREEMENTS.  TO DETERMINE THE
 APPLICABLE SUPPLEMENT BENEFIT RATE,  THE  COMMISSIONER  OF  LABOR  SHALL
 IDENTIFY THE APPLICABLE HOURLY, WEEKLY OR MONTHLY COST TO AN EMPLOYER AS
 SPECIFIED  UNDER  THE  APPLICABLE  COLLECTIVE  BARGAINING  AGREEMENT  OF
 PROVIDING SUCH SUPPLEMENTS.
   (C) (I) 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: (A) TO INVESTIGATE OR CAUSE AN INVESTI-
 GATION 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 DWELL-
 ING  UNIT  SHALL  NOT  BE  CONSIDERED  WAGES OR A FRINGE BENEFIT; (B) TO
 INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR  ELSEWHERE;
 (C)  TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE WAGES
 PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE EMPLOYEES;
 (D) 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; (E) TO MAKE A CLASSI-
 FICATION 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 CLAS-
 SIFICATION; (F) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER
 A RECORD OF THE WAGES ACTUALLY PAID TO THE  BUILDING  SERVICE  EMPLOYEES
 AND  OF THEIR HOURS OF WORK; (G) TO DELEGATE ANY OF THE FOREGOING POWERS
 TO SUCH FISCAL OFFICER'S DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;  (H)
 TO  PROMULGATE RULES AS SUCH FISCAL OFFICER 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 (I)
 S. 8306--C                         94                         A. 8806--C
 
 TO  PRESCRIBE  APPROPRIATE  SANCTIONS  FOR  FAILURE  TO  COMPLY WITH THE
 PROVISIONS OF THIS SUBDIVISION.
   (II)  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  SUBDIVISION,
 SUCH FISCAL OFFICER SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
 VILLAGE,  TOWN,  OR  CITY  THAT  ENACTED  A  LOCAL  LAW PURSUANT TO THIS
 SECTION, OR TO ANY MUNICIPAL AGENCY OR ENTITY IDENTIFIED IN  SUCH  LOCAL
 LAW.
   (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 NEW CONSTRUCTION OR
 CONVERSION IS CARRIED OUT 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.
   (E)  THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION
 CERTIFYING THAT IT SHALL ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
 SUBDIVISION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH (D) OF THIS SUBDI-
 VISION.  UPON THE APPROVAL OF THE VILLAGE, TOWN, OR CITY THAT ENACTED  A
 LOCAL LAW PURSUANT TO THIS SECTION, OR OF ANY MUNICIPAL AGENCY OR ENTITY
 IDENTIFIED  IN SUCH LOCAL LAW, 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 ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBDIVISION.
   (F) THE VILLAGE, TOWN, OR CITY THAT ENACTED A LOCAL  LAW  PURSUANT  TO
 THIS SECTION, OR ANY MUNICIPAL AGENCY OR ENTITY IDENTIFIED IN SUCH LOCAL
 LAW  SHALL  ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES SUBJECT TO THE
 REQUIREMENTS OF THIS SUBDIVISION AND THE AFFADAVITS REQUIRED PURSUANT TO
 PARAGRAPH (E) OF THIS SUBDIVISION.
   (G) IF  A  COVERED  BUILDING  SERVICE  EMPLOYER  HAS  COMMITTED  THREE
 VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SUBDIVISION WITH
 RESPECT  TO THE SAME ELIGIBLE MULTIPLE DWELLING WITHIN A FIVE-YEAR PERI-
 OD, THE VILLAGE, TOWN, OR CITY THAT ENACTED A LOCAL LAW PURSUANT TO THIS
 SECTION, OR ANY MUNICIPAL AGENCY OR ENTITY IDENTIFIED IN SUCH LOCAL  LAW
 MAY  REVOKE ANY BENEFITS ASSOCIATED WITH SUCH ELIGIBLE MULTIPLE DWELLING
 UNDER THIS SECTION. FOR PURPOSES OF THIS  PARAGRAPH,  A  "VIOLATION"  OF
 PARAGRAPH (B) OF THIS SUBDIVISION WILL BE DEEMED A FINDING BY THE FISCAL
 OFFICER  THAT  A  COVERED BUILDING SERVICE EMPLOYER HAS FAILED TO COMPLY
 WITH PARAGRAPH (B) OF THIS SUBDIVISION AND HAS FAILED TO CURE THE  DEFI-
 CIENCY  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 OFFICER SHALL PUBLISH ON ITS WEBSITE A  LIST
 OF  ALL  APPLICANTS WITH TWO VIOLATIONS AS DEFINED IN THIS PARAGRAPH. IF
 BENEFITS ARE TERMINATED OR REVOKED  FOR  FAILURE  TO  COMPLY  WITH  THIS
 SUBDIVISION  ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
 RENT STABILIZATION AND ALL OTHER REQUIREMENTS OF THIS  SECTION  FOR  THE
 DURATION  OF THE RESTRICTION PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS
 HAVE BEEN TERMINATED OR REVOKED.
   7. THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE  IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE.
 S. 8306--C                         95                         A. 8806--C
 
   8.  ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR THEIR
 DESIGNEE SHALL CERTIFY COMPLIANCE WITH THE PROVISIONS  OF  THIS  SECTION
 UNDER  PENALTY  OF  PERJURY, AT SUCH TIME OR TIMES AND IN SUCH MANNER AS
 MAY BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR  VILLAGE
 PURSUANT  TO  PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS SECTION, OR BY A
 SUBSEQUENT LOCAL LAW. SUCH CITY, TOWN  OR  VILLAGE  MAY  ESTABLISH  SUCH
 PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE
 OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION.
   §  2.  The  real  property  tax law is amended by adding a new section
 421-pp to read as follows:
   § 421-PP. EXEMPTION OF NEWLY CONVERTED  OR  CONSTRUCTED  FULLY  INCOME
 RESTRICTED  RENTAL  MULTIPLE  DWELLINGS.  1. (A) A CITY, TOWN OR VILLAGE
 MAY, BY LOCAL LAW, PROVIDE FOR THE EXEMPTION OF RENTAL  MULTIPLE  DWELL-
 INGS 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 VALO-
 REM LEVIES BY LOCAL LAW, OR IN THE CASE OF A SCHOOL DISTRICT, BY  RESOL-
 UTION.
   (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) AS USED IN THIS SECTION, THE TERM "RENTAL MULTIPLE DWELLING" MEANS
 A  STRUCTURE,  OTHER  THAN  A  HOTEL, CONSISTING OF TEN OR MORE DWELLING
 UNITS, WHERE ALL BUT A MAXIMUM OF TWO OF THE UNITS ARE RENTED FOR  RESI-
 DENTIAL  PURPOSES,  AND  ALL OF SUCH UNITS, UPON INITIAL RENTAL AND UPON
 EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD
 OR EXTENDED RESTRICTION PERIOD, AS  APPLICABLE,  IS  AFFORDABLE  TO  AND
 RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES WHOSE HOUSEHOLD
 INCOME DOES NOT EXCEED A WEIGHTED AVERAGE OF NO LESS THAN SIXTY  PERCENT
 OF  THE  AREA  MEDIAN INCOME AND NO MORE THAN EIGHTY PERCENT OF THE AREA
 MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME  THAT  SUCH  HOUSE-
 HOLDS INITIALLY OCCUPY SUCH DWELLING UNITS, PROVIDED FURTHER THAT ALL OF
 THE INCOME RESTRICTED UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
 RENTAL  FOLLOWING  A  VACANCY  DURING THE RESTRICTION PERIOD OR EXTENDED
 RESTRICTION PERIOD, AS APPLICABLE, SHALL BE AFFORDABLE TO AND RESTRICTED
 TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES  NOT
 EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMI-
 LY SIZE, AT THE TIME THAT SUCH HOUSEHOLDS INITIALLY OCCUPY SUCH DWELLING
 UNITS.  THE TWO RESIDENTIAL UNITS THAT ARE NOT INCOME RESTRICTED MUST BE
 OCCUPIED BY SUPERINTENDENTS, CARETAKERS, MANAGERS OR OTHER EMPLOYEES  TO
 WHOM  THE SPACE IS PROVIDED AS PART OR ALL OF THEIR COMPENSATION WITHOUT
 PAYMENT OF RENT AND WHO  ARE  EMPLOYED  FOR  THE  PURPOSE  OF  RENDERING
 SERVICES  IN  CONNECTION WITH THE PREMISES OF WHICH THE HOUSING ACCOMMO-
 DATION IS A PART. IN THE EVENT NO UNIT IS PROVIDED OR RENTED TO SUCH  AN
 EMPLOYEE,  ALL  UNITS IN THE BUILDING MUST BE INCOME RESTRICTED PURSUANT
 TO THIS PARAGRAPH. PROVIDED FURTHER THAT ANY LOCAL  LAW  AUTHORIZING  AN
 EXEMPTION  PURSUANT  TO  THIS  SECTION  MAY  PROVIDE FOR THE AREA MEDIAN
 INCOME WEIGHTED AVERAGE WITHIN THE AMOUNTS SET FORTH IN THIS  PARAGRAPH.
 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--C                         96                         A. 8806--C

   2. ELIGIBLE NEWLY-CONSTRUCTED OR CONVERTED RENTAL  MULTIPLE  DWELLINGS
 IN  A DESIGNATED BENEFIT AREA SHALL BE WHOLLY EXEMPT FROM TAXATION WHILE
 UNDER CONSTRUCTION, SUBJECT TO A MAXIMUM OF THREE YEARS.  SUCH  PROPERTY
 SHALL THEN BE EXEMPT FOR AN ADDITIONAL PERIOD OF THIRTY YEARS. PROVIDED,
 HOWEVER:
   (A) TAXES SHALL BE PAID DURING THE EXEMPTION PERIOD IN AN AMOUNT TO BE
 DETERMINED  BY  THE  LOCAL  LAW PROVIDING THE EXCEPTION PURSUANT TO THIS
 SECTION, PROVIDED, HOWEVER, THAT AMOUNT SHALL BE NO GREATER THAN TEN PER
 CENTUM OF THE SHELTER RENT OF  THE  ELIGIBLE  RENTAL  MULTIPLE  DWELLING
 EXEMPTED PURSUANT TO THIS SECTION.
   (B)  NO  OTHER  EXEMPTION  MAY  BE  GRANTED  CONCURRENTLY  TO THE SAME
 IMPROVEMENTS UNDER ANY OTHER SECTION OF LAW.
   3.  TO  BE  ELIGIBLE  FOR  EXEMPTION  UNDER  THIS  SECTION,  ANY   NEW
 CONSTRUCTION SHALL TAKE PLACE ON VACANT, PREDOMINANTLY VACANT OR UNDERU-
 TILIZED  LAND,  OR ON LAND IMPROVED WITH A NON-CONFORMING USE OR ON LAND
 CONTAINING ONE OR MORE SUBSTANDARD OR STRUCTURALLY UNSOUND DWELLINGS, OR
 A DWELLING THAT HAS BEEN CERTIFIED AS UNSANITARY  BY  THE  LOCAL  HEALTH
 AGENCY.  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY TO ANY NEW
 CONVERSIONS UNDERTAKEN PURSUANT TO THIS SECTION.
   4. APPLICATION FOR EXEMPTION UNDER THIS SECTION SHALL  BE  MADE  ON  A
 FORM  PRESCRIBED  BY  THE COMMISSIONER AND FILED WITH THE ASSESSOR ON OR
 BEFORE THE APPLICABLE TAXABLE STATUS DATE.
   5. IN THE CASE OF NEWLY CONSTRUCTED PROPERTY WHICH IS  USED  PARTIALLY
 AS  A  RENTAL  MULTIPLE  DWELLING  AND PARTIALLY FOR COMMERCIAL OR OTHER
 PURPOSES, THE PORTION OF THE NEWLY CONSTRUCTED PROPERTY THAT IS USED  AS
 A  RENTAL  MULTIPLE DWELLING SHALL BE ELIGIBLE FOR THE EXEMPTION AUTHOR-
 IZED BY THIS SECTION IF:
   (A) THE SQUARE FOOTAGE OF THE PORTION USED AS A RENTAL MULTIPLE DWELL-
 ING REPRESENTS AT LEAST FIFTY PERCENT  OF  THE  SQUARE  FOOTAGE  OF  THE
 ENTIRE PROPERTY;
   (B)  THE  RENTAL  UNITS  ARE  AFFORDABLE TO INDIVIDUALS OR FAMILIES AS
 DETERMINED ACCORDING TO THE CRITERIA  SET  FORTH  IN  PARAGRAPH  (C)  OF
 SUBDIVISION ONE OF THIS SECTION; AND
   (C)  THE  REQUIREMENTS  OF  THIS  SECTION ARE OTHERWISE SATISFIED WITH
 RESPECT TO THE PORTION OF THE PROPERTY USED AS A RENTAL MULTIPLE  DWELL-
 ING.
   6.  THE EXEMPTION AUTHORIZED BY THIS SECTION SHALL NOT BE AVAILABLE IN
 A CITY WITH A POPULATION OF ONE MILLION OR MORE.
   7. ANY RECIPIENT OF THE EXEMPTION AUTHORIZED BY THIS SECTION OR  THEIR
 DESIGNEE  SHALL  CERTIFY  COMPLIANCE WITH THE PROVISIONS OF THIS SECTION
 UNDER PENALTY OF PERJURY, AT SUCH TIME OR TIMES AND IN  SUCH  MANNER  AS
 MAY  BE PRESCRIBED IN THE LOCAL LAW ADOPTED BY THE CITY, TOWN OR VILLAGE
 PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,  OR  BY  A
 SUBSEQUENT  LOCAL  LAW.  SUCH  CITY,  TOWN OR VILLAGE MAY ESTABLISH SUCH
 PROCEDURES AS IT DEEMS NECESSARY FOR MONITORING AND ENFORCING COMPLIANCE
 OF AN ELIGIBLE BUILDING WITH THE PROVISIONS OF THIS SECTION.
   § 3. This act shall take effect immediately.
 
                                  PART FF
 
   Section 1. Paragraph 1 of subdivision d of section 6 of section  4  of
 chapter  576  of  the  laws  of  1974, constituting the emergency tenant
 protection act of nineteen seventy-four, as amended  by  section  18  of
 part Q of chapter 39 of the laws of 2019, is amended to read as follows:
   (1)  there has been a substantial modification or increase of dwelling
 space, or installation of new equipment or improvements or new furniture
 S. 8306--C                         97                         A. 8806--C
 
 or furnishings, provided in or to a tenant's housing  accommodation,  on
 written  informed  tenant consent to the rent increase. In the case of a
 vacant housing accommodation, tenant consent shall not be required. [The
 temporary] EXCEPT AS PROVIDED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH, THE
 increase  in  the legal regulated rent for the affected housing accommo-
 dation shall be one-one hundred sixty-eighth, in the case of a  building
 with  thirty-five  or  fewer  housing  accommodations or one-one hundred
 eightieth in the case of a building with more than  thirty-five  housing
 accommodations  where  such increase takes effect on or after the effec-
 tive date of the chapter of the  laws  of  two  thousand  nineteen  that
 amended  this  paragraph, of the total actual cost incurred by the land-
 lord up to [fifteen thousand dollars] AN AMOUNT SET FORTH IN THIS  PARA-
 GRAPH  in  providing  such  reasonable  and  verifiable  modification or
 increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
 including the cost of installation but excluding finance charges and any
 costs  that exceed reasonable costs established by rules and regulations
 promulgated by the division of housing and community renewal. Such rules
 and regulations shall include:  (i) requirements for work to be done  by
 licensed  contractors  and a prohibition on common ownership between the
 landlord and the contractor or vendor; and (ii) a requirement  that  the
 owner  resolve  within  the  dwelling space all outstanding hazardous or
 immediately hazardous violations of  the  Uniform  Fire  Prevention  and
 Building  Code (Uniform Code), New York City Fire Code, or New York City
 Building and Housing Maintenance Codes, if applicable. Provided  further
 that  an owner who is entitled to a rent increase pursuant to this para-
 graph shall not be entitled to a further rent increase  based  upon  the
 installation of similar equipment, or new furniture or furnishings with-
 in  the  useful  life  of  such  new  equipment,  or  new  furniture  or
 furnishings. Provided further that the recoverable costs incurred by the
 landlord, pursuant to this paragraph, shall be limited to  an  aggregate
 cost  [of  fifteen thousand dollars that may be expended on no more than
 three separate individual apartment improvements in a fifteen year peri-
 od beginning with the first individual apartment improvement on or after
 June fourteenth, two thousand nineteen. Provided further that  increases
 to  the legal regulated rent pursuant to this paragraph shall be removed
 from the legal regulated rent thirty years from the  date  the  increase
 became  effective  inclusive  of any increases granted by the applicable
 rent guidelines board.] PURSUANT TO THE FOLLOWING:
   (A) THIRTY THOUSAND DOLLARS THAT MAY BE  EXPENDED  IN  A  FIFTEEN-YEAR
 PERIOD  BEGINNING  WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR
 AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN, PROVIDED FURTHER THAT:
   (1) IF THERE IS A TENANT IN PLACE AT THE TIME THE INDIVIDUAL APARTMENT
 IMPROVEMENT IS UNDERTAKEN, NO COSTS INCURRED BY THE  LANDLORD  SHALL  BE
 RECOVERABLE  PURSUANT  TO  THIS SUBPARAGRAPH UNLESS THE LANDLORD OBTAINS
 WRITTEN TENANT CONSENT FROM THE TENANT IN PLACE AT THE TIME THE INDIVID-
 UAL APARTMENT IMPROVEMENT WAS UNDERTAKEN;
   (2) INCREASES TO THE LEGAL REGULATED RENT PURSUANT  TO  THIS  SUBPARA-
 GRAPH SHALL BE PERMANENT; AND
   (3)  THE THIRTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE AGGREGATE, ON
 ANY NUMBER OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN  A  FIFTEEN-
 YEAR  PERIOD,  BUT IN NO EVENT SHALL COSTS ABOVE THIRTY THOUSAND DOLLARS
 BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPARAGRAPH.
   (B) FIFTY THOUSAND DOLLARS THAT MAY  BE  EXPENDED  IN  A  FIFTEEN-YEAR
 PERIOD  BEGINNING  WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR
 AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN,  PURSUANT  TO  REGULATION,
 S. 8306--C                         98                         A. 8806--C

 OPERATIONAL  BULLETIN  OR SUCH OTHER GUIDANCE AS THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL MAY ISSUE, PROVIDED FURTHER THAT:
   (1)  COSTS  SHALL  ONLY  BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS
 SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT UNDERTAKEN DURING A
 VACANCY;
   (2) COSTS SHALL ONLY BE RECOVERABLE BY A  LANDLORD  PURSUANT  TO  THIS
 SUBPARAGRAPH  FOR  AN INDIVIDUAL APARTMENT IMPROVEMENT IF (I) THE APART-
 MENT WAS TIMELY REGISTERED AS VACANT BY NO LATER THAN  THE  THIRTY-FIRST
 OF  DECEMBER  IN  EACH  OF TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY-
 THREE, AND TWO  THOUSAND  TWENTY-FOUR,  PROVIDED  THAT  A  LANDLORD  MAY
 RECOVER  COSTS ON THIS BASIS NO MORE THAN ONCE, OR (II) IF THE APARTMENT
 IS VACANT FOLLOWING A PERIOD OF CONTINUOUS OCCUPANCY OF AT  LEAST  TWEN-
 TY-FIVE  YEARS  THAT  OCCURRED  IMMEDIATELY PRIOR TO THE COMMENCEMENT OF
 SUCH INDIVIDUAL APARTMENT IMPROVEMENT;
   (3) COSTS SHALL ONLY BE RECOVERABLE BY A  LANDLORD  PURSUANT  TO  THIS
 SUBPARAGRAPH  IF  SUCH  LANDLORD  HAS  RECEIVED  PRIOR  CERTIFICATION TO
 RECOVER COSTS PURSUANT TO THIS SUBPARAGRAPH FROM THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL BASED ON ESTABLISHING THAT THE LANDLORD  SATISFIES
 ONE OF THE ELIGIBILITY CRITERIA DELINEATED IN CLAUSE TWO OF THIS SUBPAR-
 AGRAPH,  PROVIDED FURTHER THAT SUCH CERTIFICATION SHALL NOT BE DEEMED AS
 EVIDENCE THAT THE WORK PERFORMED OR COSTS  CLAIMED  FOR  THE  INDIVIDUAL
 APARTMENT IMPROVEMENT WAS SUBSTANTIATED OR TO OTHERWISE ACT AS A DEFENSE
 IN ANY SUBSEQUENT RENT OVERCHARGE PROCEEDING, DETERMINATION, OR AUDIT;
   (4)  INCREASES  TO  THE LEGAL REGULATED RENT PURSUANT TO THIS SUBPARA-
 GRAPH SHALL BE PERMANENT;
   (5) THE INCREASE IN THE LEGAL REGULATED RENT FOR THE AFFECTED  HOUSING
 ACCOMMODATION  SHALL  BE  ONE-ONE HUNDRED FORTY-FOURTH, IN THE CASE OF A
 BUILDING WITH THIRTY-FIVE OR FEWER  HOUSING  ACCOMMODATIONS  OR  ONE-ONE
 HUNDRED FIFTY-SIXTH IN THE CASE OF A BUILDING WITH MORE THAN THIRTY-FIVE
 HOUSING  ACCOMMODATIONS WHERE SUCH INCREASE TAKES EFFECT ON OR AFTER THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  TWENTY-FOUR
 THAT  AMENDED  THIS  PARAGRAPH, OF THE TOTAL ACTUAL COST INCURRED BY THE
 LANDLORD UP TO FIFTY THOUSAND DOLLARS IN PROVIDING SUCH  REASONABLE  AND
 VERIFIABLE  MODIFICATION  OR  INCREASE  IN  DWELLING  SPACE,  FURNITURE,
 FURNISHINGS, OR  EQUIPMENT,  INCLUDING  THE  COST  OF  INSTALLATION  BUT
 EXCLUDING  FINANCE  CHARGES  AND  ANY COSTS THAT EXCEED REASONABLE COSTS
 ESTABLISHED BY RULES AND REGULATIONS  PROMULGATED  BY  THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL;
   (6)  COSTS  SHALL  ONLY  BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS
 SUBPARAGRAPH FOR AN INDIVIDUAL  APARTMENT  IMPROVEMENT  IF,  IMMEDIATELY
 PRIOR TO UNDERTAKING SUCH INDIVIDUAL APARTMENT IMPROVEMENT, THE LANDLORD
 SUBMITS  TO  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL ANY EVIDENCE
 THAT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS  NECESSARY  AND
 REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR OTHER GUIDANCE,
 DEMONSTRATING  THAT  THE  IMPROVEMENT WAS NECESSITATED BY A SUB-STANDARD
 CONDITION OR EXCEEDING ITS USEFUL LIFE IMMEDIATELY PRIOR  TO  THE  LAND-
 LORD'S  WORK  TO  IMPROVE  THE  UNIT  AND THE LANDLORD'S PLANNED WORK TO
 IMPROVE THE UNIT. SUCH EVIDENCE SHALL INCLUDE, BUT SHALL NOT BE  LIMITED
 TO,  PHOTOS  OF  ANY  AREAS, ASPECTS OR APPLIANCES IN THE APARTMENT THAT
 WILL BE IMPROVED, AND ANY NECESSARY PERMITS REQUIRED  TO  UNDERTAKE  THE
 IMPROVEMENTS;
   (7)  COSTS  SHALL  ONLY  BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS
 SUBPARAGRAPH FOR AN INDIVIDUAL  APARTMENT  IMPROVEMENT  IF,  IMMEDIATELY
 SUBSEQUENT  TO  UNDERTAKING  THE  INDIVIDUAL  APARTMENT IMPROVEMENT, THE
 LANDLORD SUBMITS TO THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL  ANY
 EVIDENCE THAT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS NECES-
 S. 8306--C                         99                         A. 8806--C
 
 SARY  AND REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR OTHER
 GUIDANCE, EVIDENCE OF THE COMPLETED WORK. SUCH EVIDENCE  SHALL  INCLUDE,
 BUT SHALL NOT BE LIMITED TO, PHOTOGRAPHS OF THE COMPLETED WORK, ITEMIZED
 RECEIPTS  FOR  ALL  PARTS,  MATERIALS,  APPLIANCES, AND LABOR COSTS, AND
 PROOF OF PAYMENT. PROVIDED FURTHER, THE DIVISION OF HOUSING AND COMMUNI-
 TY RENEWAL SHALL REQUIRE THE PAYMENT OF A FEE THAT EQUALS ONE PERCENT OF
 THE AMOUNT CLAIMED FOR THE INDIVIDUAL APARTMENT IMPROVEMENT AT THE  TIME
 OF SUCH FILING;
   (8)  FOR COSTS RECOVERABLE PURSUANT TO ITEM (II) OF CLAUSE TWO OF THIS
 SUBPARAGRAPH, THE FIFTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE  AGGRE-
 GATE,  ON  ANY NUMBER OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN A
 FIFTEEN-YEAR PERIOD, BUT IN NO EVENT SHALL COSTS  ABOVE  FIFTY  THOUSAND
 DOLLARS BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPAR-
 AGRAPH;
   (9) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY PERFORM AN AUDIT
 OF  ANY  INDIVIDUAL  APARTMENT  IMPROVEMENT  CONDUCTED  PURSUANT TO THIS
 SUBPARAGRAPH TO DETERMINE WHETHER THE INDIVIDUAL  APARTMENT  IMPROVEMENT
 WAS  UNDERTAKEN IN THE MANNER DESCRIBED AND TO THE EXTENT CLAIMED BY THE
 LANDLORD, WHETHER THE COSTS CLAIMED WERE SUBSTANTIATED BY  RECORDS,  AND
 WHETHER  THE  RENT  WAS PROPERLY ADJUSTED. SUCH AUDIT MAY INCORPORATE AN
 INSPECTION OF THE ACCOMMODATION AT BAR.  THE  LANDLORD  AND  THE  TENANT
 LIVING  IN THE ACCOMMODATION MAY PARTICIPATE IN SUCH AUDIT. IN THE EVENT
 THE AUDIT FINDS THAT THE  RECOVERABLE  COSTS  CLAIMED  BY  THE  LANDLORD
 CANNOT BE SUBSTANTIATED, THE RESULTING OVERCHARGE SHALL BE CONSIDERED TO
 BE  WILLFUL.  IN ADDITION, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 MAY ISSUE ANY FINES OR PENALTIES SET FORTH IN REGULATIONS;
   (10) THE DIVISION OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL  PERFORM
 RANDOM  ON-SITE  INSPECTIONS,  AS  IT  DEEMS NECESSARY, FOR ANY UNIT FOR
 WHICH THE OWNER SEEKS TO RECOVER COSTS PURSUANT  TO  THIS  SUBPARAGRAPH;
 AND
   (11)  NO  OWNER SHALL BE ELIGIBLE FOR THE RENT INCREASE BASED ON INDI-
 VIDUAL APARTMENT IMPROVEMENTS PURSUANT TO THIS SUBPARAGRAPH  IF,  WITHIN
 THE  FIVE YEAR PERIOD PRIOR TO FILING SUCH INDIVIDUAL APARTMENT IMPROVE-
 MENT, ANY UNIT WITHIN ANY BUILDING OWNED BY ANY OWNER OF THE BUILDING IN
 WHICH THE UNIT  FOR  WHICH  THE  OWNER  SEEKS  AN  INDIVIDUAL  APARTMENT
 IMPROVEMENT  IS LOCATED, INCLUDING BUT NOT LIMITED TO PARTIAL OR BENEFI-
 CIAL OWNERS, HAS BEEN THE SUBJECT OF AN AWARD OR  DETERMINATION  BY  THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURIS-
 DICTION  FOR  TREBLE  DAMAGES  DUE  TO AN OVERCHARGE OR THE OWNER OF THE
 BUILDING IN WHICH THE UNIT IS LOCATED HAS BEEN THE SUBJECT OF  AN  AWARD
 OR  DETERMINATION  BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A
 COURT OF COMPETENT JURISDICTION FOR HARASSMENT OF ANY TENANTS,  PROVIDED
 THAT  SUCH  OWNER  SHALL  PROVIDE  AN  AFFIDAVIT CONFIRMING SUCH OWNER'S
 ELIGIBILITY UNDER THIS CLAUSE TO THE DIVISION OF HOUSING  AND  COMMUNITY
 RENEWAL AT THE SAME TIME AS, AND IN ADDITION TO, ANY OTHER MATERIALS THE
 DIVISION  OF  HOUSING  AND  COMMUNITY  RENEWAL SHALL REQUIRE AN OWNER TO
 SUBMIT PURSUANT TO CLAUSE SIX OF THIS SUBPARAGRAPH, AND PROVIDED FURTHER
 THAT SUCH AFFIDAVIT SHALL NOT BE DEEMED TO  BE  EVIDENCE  OF  COMPLIANCE
 WITH THIS CLAUSE OR A DEFENSE IN ANY SUBSEQUENT RENT OVERCHARGE PROCEED-
 ING, DETERMINATION, OR AUDIT.
   §  2.  Paragraph 12 of subdivision (a) of section 10-b of section 4 of
 chapter 576 of the laws  of  1974,  constituting  the  emergency  tenant
 protection  act  of  nineteen  seventy-four, as amended by section 23 of
 part Q of chapter 39 of the laws of 2019, is amended to read as follows:
   12. establish a form in the  top  six  languages  other  than  English
 spoken in the state according to the latest available data from the U.S.
 S. 8306--C                         100                        A. 8806--C
 
 Bureau  of  Census for [a temporary] AN individual apartment improvement
 rent increase for a tenant in occupancy which shall be used by landlords
 to obtain written informed consent  that  shall  include  the  estimated
 total  cost  of the improvement and the estimated monthly rent increase.
 SUCH CONSENT SHALL BE EXECUTED IN THE TENANT'S  PRIMARY  LANGUAGE.  Such
 form  shall  be  completed  and  preserved in the centralized electronic
 retention system to be operational by June 14,  2020,  PROVIDED  FURTHER
 THAT  ANY  CHANGES  TO THE FORM REQUIRED DUE TO THE INDIVIDUAL APARTMENT
 IMPROVEMENT BEING PERMANENT SHALL BE COMPLETED AS OF OCTOBER  14,  2024.
 Nothing  herein  shall  relieve  a landlord, lessor, or agent thereof of
 [his or her] SUCH PERSON'S duty to retain proper  documentation  of  all
 improvements  performed  or  any  rent  increases  resulting  from  said
 improvements.
   § 3. Paragraph 13 of subdivision c of section 26-511 of  the  adminis-
 trative code of the city of New York, as amended by section 19 of part Q
 of chapter 39 of the laws of 2019, is amended to read as follows:
   (13) provides that an owner is entitled to a rent increase where there
 has  been  a  substantial modification or increase of dwelling space, or
 installation of new  equipment  or  improvements  or  new  furniture  or
 furnishings provided in or to a tenant's housing accommodation, on writ-
 ten  informed  tenant  consent  to  the  rent increase. In the case of a
 vacant housing accommodation, tenant consent shall not be required. [The
 temporary] EXCEPT AS PROVIDED IN SUBPARAGRAPH  (B)  OF  THIS  PARAGRAPH,
 increase  in  the legal regulated rent for the affected housing accommo-
 dation shall be one-one hundred sixty-eighth, in the case of a  building
 with  thirty-five  or  fewer  housing  accommodations or one-one hundred
 eightieth in the case of a building with more than  thirty-five  housing
 accommodations  where  such increase takes effect on or after the effec-
 tive date of the chapter of the  laws  of  two  thousand  nineteen  that
 amended  this  paragraph, of the total actual cost incurred by the land-
 lord  in  providing  such  reasonable  and  verifiable  modification  or
 increase  in  dwelling  space,  furniture,  furnishings,  or  equipment,
 including the cost of installation but excluding finance charges and any
 costs that exceed reasonable costs established by rules and  regulations
 promulgated by the division of housing and community renewal. Such rules
 and  regulations  shall include: (i) requirements for work to be done by
 licensed contractors and prohibit common ownership between the  landlord
 and  the  contractor  or  vendor;  and (ii) a requirement that the owner
 resolve within the dwelling space all  outstanding  hazardous  or  imme-
 diately hazardous violations of the Uniform Fire Prevention and Building
 Code  (Uniform Code), New York City Fire Code, or New York City Building
 and Housing Maintenance Codes, if applicable. Provided further  that  an
 owner  who  is  entitled  to  a rent increase pursuant to this paragraph
 shall not be entitled to a further rent increase based upon the  instal-
 lation  of similar equipment, or new furniture or furnishings within the
 useful life of such new equipment,  or  new  furniture  or  furnishings.
 Provided  further  that  the recoverable costs incurred by the landlord,
 pursuant to this paragraph, shall be limited to  an  aggregate  cost  of
 [fifteen  thousand  dollars  that  may be expended on no more than three
 separate individual apartment improvements in a fifteen year period]  AN
 AMOUNT  SET  FORTH IN THIS PARAGRAPH beginning with the first individual
 apartment improvement on or after June fourteenth,  two  thousand  nine-
 teen. Provided further that increases to the legal regulated rent pursu-
 ant  to  this  paragraph shall [be removed from the legal regulated rent
 thirty years from the date the increase became  effective  inclusive  of
 S. 8306--C                         101                        A. 8806--C

 any  increases  granted  by  the  applicable  rent guidelines board.] BE
 LIMITED TO AN AGGREGATE COST PURSUANT TO THE FOLLOWING:
   (A)  THIRTY  THOUSAND  DOLLARS  THAT MAY BE EXPENDED IN A FIFTEEN-YEAR
 PERIOD BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT  ON  OR
 AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN, PROVIDED FURTHER THAT:
   (1) IF THERE IS A TENANT IN PLACE AT THE TIME THE INDIVIDUAL APARTMENT
 IMPROVEMENT  IS  UNDERTAKEN,  NO COSTS INCURRED BY THE LANDLORD SHALL BE
 RECOVERABLE PURSUANT TO THIS SUBPARAGRAPH UNLESS  THE  LANDLORD  OBTAINS
 WRITTEN TENANT CONSENT FROM THE TENANT IN PLACE AT THE TIME THE INDIVID-
 UAL APARTMENT IMPROVEMENT WAS UNDERTAKEN;
   (2)  INCREASES  TO  THE LEGAL REGULATED RENT PURSUANT TO THIS SUBPARA-
 GRAPH SHALL BE PERMANENT; AND
   (3) THE THIRTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE AGGREGATE,  ON
 ANY  NUMBER  OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN A FIFTEEN-
 YEAR PERIOD, BUT IN NO EVENT SHALL COSTS ABOVE THIRTY  THOUSAND  DOLLARS
 BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPARAGRAPH.
   (B)  FIFTY  THOUSAND  DOLLARS  THAT  MAY BE EXPENDED IN A FIFTEEN-YEAR
 PERIOD BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT  ON  OR
 AFTER  JUNE  FOURTEENTH,  TWO THOUSAND NINETEEN, PURSUANT TO REGULATION,
 OPERATIONAL BULLETIN OR SUCH OTHER GUIDANCE AS THE DIVISION  OF  HOUSING
 AND COMMUNITY RENEWAL MAY ISSUE, PROVIDED FURTHER THAT:
   (1)  COSTS  SHALL  ONLY  BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS
 SUBPARAGRAPH FOR AN INDIVIDUAL APARTMENT IMPROVEMENT UNDERTAKEN DURING A
 VACANCY;
   (2) COSTS SHALL ONLY BE RECOVERABLE BY A  LANDLORD  PURSUANT  TO  THIS
 SUBPARAGRAPH  FOR  AN INDIVIDUAL APARTMENT IMPROVEMENT IF (I) THE APART-
 MENT WAS TIMELY REGISTERED AS VACANT BY NO LATER THAN  THE  THIRTY-FIRST
 OF  DECEMBER  IN  EACH  OF TWO THOUSAND TWENTY-TWO, TWO THOUSAND TWENTY-
 THREE, AND  TWO-THOUSAND  TWENTY-FOUR,  PROVIDED  THAT  A  LANDLORD  MAY
 RECOVER  COSTS ON THIS BASIS NO MORE THAN ONCE, OR (II) IF THE APARTMENT
 IS VACANT FOLLOWING A PERIOD OF CONTINUOUS OCCUPANCY OF AT  LEAST  TWEN-
 TY-FIVE  YEARS  THAT  OCCURRED  IMMEDIATELY PRIOR TO THE COMMENCEMENT OF
 SUCH INDIVIDUAL APARTMENT IMPROVEMENT;
   (3) COSTS SHALL ONLY BE RECOVERABLE BY A  LANDLORD  PURSUANT  TO  THIS
 SUBPARAGRAPH  IF  SUCH  LANDLORD  HAS  RECEIVED  PRIOR  CERTIFICATION TO
 RECOVER COSTS PURSUANT TO THIS SUBPARAGRAPH FROM THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL BASED ON ESTABLISHING THAT THE LANDLORD  SATISFIES
 ONE OF THE ELIGIBILITY CRITERIA DELINEATED IN CLAUSE TWO OF THIS SUBPAR-
 AGRAPH,  PROVIDED FURTHER THAT SUCH CERTIFICATION SHALL NOT BE DEEMED AS
 EVIDENCE THAT THE WORK PERFORMED OR COSTS  CLAIMED  FOR  THE  INDIVIDUAL
 APARTMENT IMPROVEMENT WAS SUBSTANTIATED OR TO OTHERWISE ACT AS A DEFENSE
 IN ANY SUBSEQUENT RENT OVERCHARGE PROCEEDING, DETERMINATION, OR AUDIT;
   (4)  INCREASES  TO  THE LEGAL REGULATED RENT PURSUANT TO THIS SUBPARA-
 GRAPH SHALL BE PERMANENT;
   (5) THE INCREASE IN THE LEGAL REGULATED RENT FOR THE AFFECTED  HOUSING
 ACCOMMODATION  SHALL  BE  ONE-ONE HUNDRED FORTY-FOURTH, IN THE CASE OF A
 BUILDING WITH THIRTY-FIVE OR FEWER  HOUSING  ACCOMMODATIONS  OR  ONE-ONE
 HUNDRED FIFTY-SIXTH IN THE CASE OF A BUILDING WITH MORE THAN THIRTY-FIVE
 HOUSING  ACCOMMODATIONS WHERE SUCH INCREASE TAKES EFFECT ON OR AFTER THE
 EFFECTIVE DATE OF THIS CHAPTER, OF THE TOTAL ACTUAL COST INCURRED BY THE
 LANDLORD UP TO FIFTY THOUSAND DOLLARS IN PROVIDING SUCH  REASONABLE  AND
 VERIFIABLE  MODIFICATION  OR  INCREASE  IN  DWELLING  SPACE,  FURNITURE,
 FURNISHINGS, OR  EQUIPMENT,  INCLUDING  THE  COST  OF  INSTALLATION  BUT
 EXCLUDING  FINANCE  CHARGES  AND  ANY COSTS THAT EXCEED REASONABLE COSTS
 ESTABLISHED BY RULES AND REGULATIONS  PROMULGATED  BY  THE  DIVISION  OF
 HOUSING AND COMMUNITY RENEWAL;
 S. 8306--C                         102                        A. 8806--C
 
   (6)  COSTS  SHALL  ONLY  BE RECOVERABLE BY A LANDLORD PURSUANT TO THIS
 SUBPARAGRAPH FOR AN INDIVIDUAL  APARTMENT  IMPROVEMENT  IF,  IMMEDIATELY
 PRIOR TO UNDERTAKING SUCH INDIVIDUAL APARTMENT IMPROVEMENT, THE LANDLORD
 SUBMITS  TO  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL ANY EVIDENCE
 THAT  THE  DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS NECESSARY AND
 REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR OTHER GUIDANCE,
 DEMONSTRATING THAT THE IMPROVEMENT WAS NECESSITATED  BY  A  SUB-STANDARD
 CONDITION  OR  EXCEEDING  ITS USEFUL LIFE IMMEDIATELY PRIOR TO THE LAND-
 LORD'S WORK TO IMPROVE THE UNIT  AND  THE  LANDLORD'S  PLANNED  WORK  TO
 IMPROVE  THE UNIT. SUCH EVIDENCE SHALL INCLUDE, BUT SHALL NOT BE LIMITED
 TO, PHOTOS OF ANY AREAS, ASPECTS OR APPLIANCES  IN  THE  APARTMENT  THAT
 WILL  BE  IMPROVED,  AND ANY NECESSARY PERMITS REQUIRED TO UNDERTAKE THE
 IMPROVEMENTS;
   (7) COSTS SHALL ONLY BE RECOVERABLE BY A  LANDLORD  PURSUANT  TO  THIS
 SUBPARAGRAPH  FOR  AN  INDIVIDUAL  APARTMENT IMPROVEMENT IF, IMMEDIATELY
 SUBSEQUENT TO UNDERTAKING  THE  INDIVIDUAL  APARTMENT  IMPROVEMENT,  THE
 LANDLORD  SUBMITS  TO  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL ANY
 EVIDENCE THAT THE DIVISION OF HOUSING AND COMMUNITY RENEWAL DEEMS NECES-
 SARY AND REQUESTS PURSUANT TO REGULATION, OPERATIONAL BULLETIN OR  OTHER
 GUIDANCE,  EVIDENCE  OF THE COMPLETED WORK. SUCH EVIDENCE SHALL INCLUDE,
 BUT SHALL NOT BE LIMITED TO, PHOTOGRAPHS OF THE COMPLETED WORK, ITEMIZED
 RECEIPTS FOR ALL PARTS, MATERIALS,  APPLIANCES,  AND  LABOR  COSTS,  AND
 PROOF OF PAYMENT. PROVIDED FURTHER, THE DIVISION OF HOUSING AND COMMUNI-
 TY RENEWAL SHALL REQUIRE THE PAYMENT OF A FEE THAT EQUALS ONE PERCENT OF
 THE  AMOUNT CLAIMED FOR THE INDIVIDUAL APARTMENT IMPROVEMENT AT THE TIME
 OF SUCH FILING;
   (8) FOR COSTS RECOVERABLE PURSUANT TO ITEM (II) OF CLAUSE TWO OF  THIS
 SUBPARAGRAPH,  THE FIFTY THOUSAND DOLLARS MAY BE EXPENDED, IN THE AGGRE-
 GATE, ON ANY NUMBER OF SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS  IN  A
 FIFTEEN-YEAR  PERIOD,  BUT  IN NO EVENT SHALL COSTS ABOVE FIFTY THOUSAND
 DOLLARS BE RECOVERABLE IN A FIFTEEN-YEAR PERIOD PURSUANT TO THIS SUBPAR-
 AGRAPH;
   (9) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL MAY PERFORM AN AUDIT
 OF ANY INDIVIDUAL  APARTMENT  IMPROVEMENT  CONDUCTED  PURSUANT  TO  THIS
 SUBPARAGRAPH  TO  DETERMINE WHETHER THE INDIVIDUAL APARTMENT IMPROVEMENT
 WAS UNDERTAKEN IN THE MANNER DESCRIBED AND TO THE EXTENT CLAIMED BY  THE
 LANDLORD,  WHETHER  THE COSTS CLAIMED WERE SUBSTANTIATED BY RECORDS, AND
 WHETHER THE RENT WAS PROPERLY ADJUSTED. SUCH AUDIT  MAY  INCORPORATE  AN
 INSPECTION  OF  THE  ACCOMMODATION  AT  BAR. THE LANDLORD AND THE TENANT
 LIVING IN THE ACCOMMODATION MAY PARTICIPATE IN SUCH AUDIT. IN THE  EVENT
 THE  AUDIT  FINDS  THAT  THE  RECOVERABLE  COSTS CLAIMED BY THE LANDLORD
 CANNOT BE SUBSTANTIATED, THE RESULTING OVERCHARGE SHALL BE CONSIDERED TO
 BE WILLFUL. IN ADDITION, THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL
 MAY ISSUE ANY FINES OR PENALTIES SET FORTH IN REGULATIONS;
   (10)  THE  DIVISION  OF  HOUSING  AND  COMMUNITY RENEWAL SHALL PERFORM
 RANDOM ON-SITE INSPECTIONS, AS IT DEEMS  NECESSARY,  FOR  ANY  UNIT  FOR
 WHICH  THE  OWNER  SEEKS TO RECOVER COSTS PURSUANT TO THIS SUBPARAGRAPH;
 AND
   (11) NO OWNER SHALL BE ELIGIBLE FOR THE RENT INCREASE BASED  ON  INDI-
 VIDUAL  APARTMENT  IMPROVEMENTS PURSUANT TO THIS SUBPARAGRAPH IF, WITHIN
 THE FIVE-YEAR PERIOD PRIOR TO FILING SUCH INDIVIDUAL APARTMENT  IMPROVE-
 MENT, ANY UNIT WITHIN ANY BUILDING OWNED BY ANY OWNER OF THE BUILDING IN
 WHICH  THE  UNIT  FOR  WHICH  THE  OWNER  SEEKS  AN INDIVIDUAL APARTMENT
 IMPROVEMENT IS LOCATED, INCLUDING BUT NOT LIMITED TO PARTIAL OR  BENEFI-
 CIAL  OWNERS,  HAS  BEEN THE SUBJECT OF AN AWARD OR DETERMINATION BY THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL OR A COURT OF COMPETENT JURIS-
 S. 8306--C                         103                        A. 8806--C
 
 DICTION FOR TREBLE DAMAGES DUE TO AN OVERCHARGE  OR  THE  OWNER  OF  THE
 BUILDING  IN  WHICH THE UNIT IS LOCATED HAS BEEN THE SUBJECT OF AN AWARD
 OR DETERMINATION BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL  OR  A
 COURT  OF COMPETENT JURISDICTION FOR HARASSMENT OF ANY TENANTS, PROVIDED
 THAT SUCH OWNER SHALL  PROVIDE  AN  AFFIDAVIT  CONFIRMING  SUCH  OWNER'S
 ELIGIBILITY  UNDER  THIS CLAUSE TO THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL AT THE SAME TIME AS, AND IN ADDITION TO, ANY OTHER MATERIALS THE
 DIVISION OF HOUSING AND COMMUNITY RENEWAL  SHALL  REQUIRE  AN  OWNER  TO
 SUBMIT PURSUANT TO CLAUSE SIX OF THIS SUBPARAGRAPH, AND PROVIDED FURTHER
 THAT  SUCH  AFFIDAVIT  SHALL  NOT BE DEEMED TO BE EVIDENCE OF COMPLIANCE
 WITH THIS CLAUSE OR A DEFENSE IN ANY SUBSEQUENT RENT OVERCHARGE PROCEED-
 ING, DETERMINATION, OR AUDIT.
   § 4. Paragraph 12 of subdivision a of section 26-511.1 of the adminis-
 trative code of the city of New York, as amended by section 21 of part Q
 of chapter 39 of the laws of 2019, is amended to read as follows:
   (12) establish a form in the top  six  languages  other  than  English
 spoken in the state according to the latest available data from the U.S.
 Bureau  of  Census for [a temporary] AN individual apartment improvement
 rent increase for a tenant in occupancy which shall be used by landlords
 to obtain written informed consent  that  shall  include  the  estimated
 total  cost  of the improvement and the estimated monthly rent increase.
 SUCH CONSENT SHALL BE EXECUTED IN THE TENANT'S  PRIMARY  LANGUAGE.  Such
 form  shall  be  completed  and  preserved in the centralized electronic
 retention system to be operational by June 14,  2020,  PROVIDED  FURTHER
 THAT  ANY  CHANGES  TO THE FORM REQUIRED DUE TO THE INDIVIDUAL APARTMENT
 IMPROVEMENT BEING PERMANENT SHALL BE COMPLETED AS OF OCTOBER  14,  2024.
 Nothing  herein  shall  relieve  a landlord, lessor, or agent thereof of
 [his or her] SUCH PERSON'S duty to retain proper  documentation  of  all
 improvements  performed  or  any  rent  increases  resulting  from  said
 improvements.
   § 5. Subparagraph (e) of paragraph  1  of  subdivision  g  of  section
 26-405 of the administrative code of the city of New York, as amended by
 section  20  of  part Q of chapter 39 of the laws of 2019, is amended to
 read as follows:
   (e) The landlord and tenant  by  mutual  voluntary  written  agreement
 demonstrating  informed  consent  agree  to  a  substantial  increase or
 decrease in dwelling space or a  change  in  furniture,  furnishings  or
 equipment  provided  in  the housing accommodations. An adjustment under
 this subparagraph shall be equal to one-one hundred sixty-eighth, in the
 case of a building with thirty-five or fewer housing  accommodations  or
 one-one hundred eightieth in the case of a building with more than thir-
 ty-five  housing  accommodations where such [temporary] adjustment takes
 effect on or after the effective date of the chapter of the laws of  two
 thousand  nineteen  that  amended this subparagraph, of the total actual
 cost incurred by the landlord in providing such reasonable  and  verifi-
 able modification or increase in dwelling space, furniture, furnishings,
 or  equipment,  including the cost of installation but excluding finance
 charges and any costs that exceed reasonable costs established by  rules
 and  regulations  promulgated  by  the division of housing and community
 renewal. Such rules and regulations shall include:  (i) requirements for
 work to be done by licensed contractors and  prohibit  common  ownership
 between  the  landlord and the contractor or vendor; and (ii) a require-
 ment that the owner resolve within the dwelling  space  all  outstanding
 hazardous  or  immediately  hazardous  violations  of  the  Uniform Fire
 Prevention and Building Code (Uniform Code), New York City Fire Code, or
 New York City Building and Housing  Maintenance  Codes,  if  applicable.
 S. 8306--C                         104                        A. 8806--C
 
 Provided further that an owner who is entitled to a rent increase pursu-
 ant  to  this  subparagraph  shall  not  be  entitled  to a further rent
 increase based upon the installation of similar equipment, or new furni-
 ture or furnishings within the useful life of such new equipment, or new
 furniture  or  furnishings.  Provided further that the recoverable costs
 incurred by the landlord, pursuant to this subparagraph shall be limited
 to an aggregate cost of [fifteen] THIRTY thousand dollars [that  may  be
 expended  on  no  more than three separate individual apartment improve-
 ments] in a fifteen year period  beginning  with  the  first  individual
 apartment  improvement  on  or after June fourteenth, two thousand nine-
 teen. [Provided further that  increases  to  the  legal  regulated  rent
 pursuant  to this subparagraph shall be removed from the legal regulated
 rent thirty years from the date the increase became effective  inclusive
 of  any  increases granted by the applicable rent guidelines board.] The
 owner shall give written notice to the city  rent  agency  of  any  such
 [temporary] adjustment pursuant to this subparagraph; or
   § 6. Paragraph 12 of subdivision a of section 26-405.1 of the adminis-
 trative code of the city of New York, as amended by section 22 of part Q
 of chapter 39 of the laws of 2019, is amended to read as follows:
   (12)  establish  a  form  in  the top six languages other than English
 spoken in the state according to the latest available data from the U.S.
 Bureau of Census for [a temporary] AN individual  apartment  improvement
 rent increase for a tenant in occupancy which shall be used by landlords
 to  obtain  written  informed  consent  that shall include the estimated
 total cost of the improvement and the estimated monthly rent increase.
 SUCH  CONSENT  SHALL  BE EXECUTED IN THE TENANT'S PRIMARY LANGUAGE. Such
 form shall be completed and  preserved  in  the  centralized  electronic
 retention  system  to  be operational by June 14, 2020, PROVIDED FURTHER
 THAT ANY CHANGES TO THE FORM REQUIRED DUE TO  THE  INDIVIDUAL  APARTMENT
 IMPROVEMENT  BEING  PERMANENT SHALL BE COMPLETED AS OF OCTOBER 14, 2024.
 Nothing herein shall relieve a landlord, lessor,  or  agent  thereof  of
 [his  or  her]  SUCH PERSON'S duty to retain proper documentation of all
 improvements  performed  or  any  rent  increases  resulting  from  said
 improvements.
   §  7. Subparagraph 5 of the second undesignated paragraph of paragraph
 (a) of subdivision 4 of section 4 of chapter 274 of  the  laws  of  1946
 constituting  the  emergency  housing  rent  control  law, as amended by
 section 36 of part Q of chapter 39 of the laws of 2019,  is  amended  to
 read as follows:
   (5)  the  landlord  and  tenant  by  mutual voluntary written informed
 agreement agree to a substantial increase or decrease in dwelling space,
 furniture, furnishings or equipment provided  in  the  housing  accommo-
 dations;  provided  that  an  owner shall be entitled to a rent increase
 where there has been a substantial modification or increase of  dwelling
 space, or installation of new equipment or improvements or new furniture
 or  furnishings  provided in or to a tenant's housing accommodation. The
 [temporary] increase in the maximum rent for the affected housing accom-
 modation shall be one-one hundred sixty-eighth, in the case of a  build-
 ing with thirty-five or fewer housing accommodations, or one-one hundred
 eightieth,  in the case of a building with more than thirty-five housing
 accommodations where such increase takes effect on or after  the  effec-
 tive  date  of  the  chapter  of  the laws of two thousand nineteen that
 amended this subparagraph, of the total  actual  cost  incurred  by  the
 landlord  up  to  [fifteen]  THIRTY  thousand  dollars in providing such
 reasonable and verifiable modification or increase  in  dwelling  space,
 furniture, furnishings, or equipment, including the cost of installation
 S. 8306--C                         105                        A. 8806--C
 
 but excluding finance charges and any costs that exceed reasonable costs
 established  by  rules  and  regulations  promulgated by the division of
 housing and community renewal. Such rules and regulations shall include:
 (i)  requirements  for  work  to  be  done by licensed contractors and a
 prohibition on common ownership between the landlord and the  contractor
 or  vendor;  and  (ii)  a  requirement that the owner resolve within the
 dwelling  space  all  outstanding  hazardous  or  immediately  hazardous
 violations  of  the  uniform  fire prevention and building code (Uniform
 Code), New York city fire code, or New York city  building  and  housing
 maintenance  codes, if applicable. Provided further that an owner who is
 entitled to a rent increase pursuant to this clause shall not  be  enti-
 tled  to  a further rent increase based upon the installation of similar
 equipment, or new furniture or furnishings within  the  useful  life  of
 such  new  equipment,  or new furniture or furnishings. Provided further
 that the recoverable costs incurred by the landlord,  pursuant  to  this
 subparagraph,  shall be limited to an aggregate cost of [fifteen] THIRTY
 thousand dollars [that may be expended on no more  than  three  separate
 individual  apartment  improvements]  in a fifteen year period beginning
 with the first individual apartment improvement on or after  June  four-
 teenth,  two  thousand nineteen. [Provided further that increases to the
 legal regulated rent pursuant to this paragraph shall  be  removed  from
 the  legal regulated rent thirty years from the date the increase became
 effective inclusive of any increases  granted  by  the  applicable  rent
 guidelines board.] The owner shall give written notice to the commission
 of any such adjustment pursuant to this clause; or
   §  8.  Paragraph (l) of subdivision 1 of section 8-a of chapter 274 of
 the laws of 1946, constituting the emergency housing rent  control  law,
 as amended by section 24 of part Q of chapter 39 of the laws of 2019, is
 amended to read as follows:
   (l)  establish  a  form  in  the  top six languages other than English
 spoken in the state according to the latest available data from the U.S.
 Bureau of Census for [a temporary] AN individual  apartment  improvement
 rent increase for a tenant in occupancy which shall be used by landlords
 to  obtain  written  informed  consent  that shall include the estimated
 total cost of the improvement and the estimated monthly  rent  increase.
 SUCH  CONSENT  SHALL  BE EXECUTED IN THE TENANT'S PRIMARY LANGUAGE. Such
 form shall be completed and  preserved  in  the  centralized  electronic
 retention  system  to  be operational by June 14, 2020, PROVIDED FURTHER
 THAT ANY CHANGES TO THE FORM REQUIRED DUE TO  THE  INDIVIDUAL  APARTMENT
 IMPROVEMENT  BEING  PERMANENT SHALL BE COMPLETED AS OF OCTOBER 14, 2024.
 Nothing herein shall relieve a landlord, lessor,  or  agent  thereof  of
 [his  or  her]  SUCH PERSON'S duty to retain proper documentation of all
 improvements  performed  or  any  rent  increases  resulting  from  said
 improvements.
   § 9. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law; provided that the amendments to sections
 26-405 and 26-405.1 of the city rent  and  rehabilitation  law  made  by
 sections  five and six of this act shall remain in full force and effect
 only as long as  the  public  emergency  requiring  the  regulation  and
 control  of  residential  rents  and evictions continues, as provided in
 subdivision 3 of section 1 of the local emergency housing  rent  control
 act;  and  provided, further, that the amendments to sections 26-511 and
 26-511.1 of chapter 4 of title 26 of the administrative code of the city
 of New York made by sections three and four of this act shall expire  on
 the same date as such law expires and shall not affect the expiration of
 such law as provided under section 26-520 of such law.
 S. 8306--C                         106                        A. 8806--C
 
                                  PART GG
 
   Section  1.    Subdivision  10 of section 292 of the executive law, as
 added by chapter 340 of the laws of 1955, is amended to read as follows:
   10. The term "housing accommodation" includes any building, structure,
 or portion thereof which is used or occupied or is intended, arranged or
 designed to be used or occupied, as  the  home,  residence  or  sleeping
 place  of  one  or more human beings.   THE TERM "HOUSING ACCOMMODATION"
 ALSO INCLUDES ANY ACCESSORY DWELLING UNIT, DEFINED AS ANY 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.  The real property tax law is amended by  adding  a  new  section
 421-p to read as follows:
   §   421-P.  EXEMPTION  OF  CAPITAL  IMPROVEMENTS  TO  RESIDENTIAL  NEW
 CONSTRUCTION INVOLVING THE CREATION  OF  ACCESSORY  DWELLING  UNITS.  1.
 RESIDENTIAL   BUILDINGS   RECONSTRUCTED,  ALTERED,  IMPROVED,  OR  NEWLY
 CONSTRUCTED IN ORDER TO CREATE ONE OR MORE ADDITIONAL RESIDENTIAL DWELL-
 ING UNITS ON THE SAME PARCEL AS A PRE-EXISTING RESIDENTIAL  BUILDING  TO
 PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS SUBSEQUENT
 TO  THE  EFFECTIVE DATE OF A LOCAL LAW OR RESOLUTION ENACTED PURSUANT TO
 THIS SECTION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES
 TO THE EXTENT PROVIDED HEREINAFTER. AFTER A PUBLIC HEARING, THE  GOVERN-
 ING BOARD OF A COUNTY, CITY, TOWN OR VILLAGE MAY ADOPT A LOCAL LAW AND A
 SCHOOL  DISTRICT, OTHER THAN A SCHOOL DISTRICT SUBJECT TO ARTICLE FIFTY-
 TWO OF THE EDUCATION LAW, MAY ADOPT A RESOLUTION TO GRANT THE  EXEMPTION
 AUTHORIZED  PURSUANT TO THIS SECTION. A COPY OF SUCH LOCAL LAW OR RESOL-
 UTION SHALL BE FILED WITH THE COMMISSIONER  AND  THE  ASSESSOR  OF  SUCH
 COUNTY,  CITY, TOWN OR VILLAGE WHO PREPARES THE ASSESSMENT ROLL ON WHICH
 THE TAXES OF SUCH COUNTY, CITY, TOWN, VILLAGE  OR  SCHOOL  DISTRICT  ARE
 LEVIED.
   2.  (A)  SUCH  BUILDINGS SHALL BE EXEMPT FOR A PERIOD OF FIVE YEARS TO
 THE EXTENT OF ONE HUNDRED PER CENTUM OF THE INCREASE IN  ASSESSED  VALUE
 THEREOF ATTRIBUTABLE TO SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR
 NEW  CONSTRUCTION  FOR  SUCH  ADDITIONAL  RESIDENTIAL UNIT OR UNITS THAT
 PROVIDE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS,  AND  FOR
 AN ADDITIONAL PERIOD OF FIVE YEARS SUBJECT TO THE FOLLOWING:
   (I) THE EXTENT OF SUCH EXEMPTION SHALL BE DECREASED BY TWENTY-FIVE PER
 CENTUM  OF THE "EXEMPTION BASE" FOR EACH OF THE FIRST THREE YEARS DURING
 SUCH ADDITIONAL PERIOD AND SHALL BE  DECREASED  BY  A  FURTHER  TEN  PER
 CENTUM  OF  THE  "EXEMPTION  BASE" DURING EACH OF THE FINAL TWO YEARS OF
 SUCH ADDITIONAL PERIOD. THE EXEMPTION SHALL EXPIRE AT  THE  END  OF  THE
 EXTENDED  PERIOD. THE "EXEMPTION BASE" SHALL BE THE INCREASE IN ASSESSED
 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
 S. 8306--C                         107                        A. 8806--C
 
 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  SUCH
 PROPERTY  OWNER  BELIEVES THAT THE EXEMPTION WAS RECOMPUTED INCORRECTLY,
 APPLY FOR A CORRECTION IN THE MANNER PROVIDED BY TITLE THREE OF  ARTICLE
 FIVE OF THIS CHAPTER FOR THE CORRECTION OF CLERICAL ERRORS.
   (III)  SUCH EXEMPTION SHALL BE LIMITED TO TWO HUNDRED THOUSAND DOLLARS
 IN INCREASED MARKET VALUE OF THE PROPERTY ATTRIBUTABLE  TO  SUCH  RECON-
 STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION AND ANY INCREASE
 IN  MARKET  VALUE GREATER THAN SUCH AMOUNT SHALL NOT BE ELIGIBLE FOR THE
 EXEMPTION PURSUANT TO THIS SECTION. FOR THE PURPOSES  OF  THIS  SECTION,
 THE  MARKET VALUE OF THE RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW
 CONSTRUCTION AS AUTHORIZED BY SUBDIVISION ONE OF THIS SECTION  SHALL  BE
 EQUAL  TO  THE  INCREASED  ASSESSED  VALUE  ATTRIBUTABLE  TO SUCH RECON-
 STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION DIVIDED  BY  THE
 CLASS  ONE RATIO IN A SPECIAL ASSESSING UNIT OR THE MOST RECENTLY ESTAB-
 LISHED STATE EQUALIZATION RATE  OR  SPECIAL  EQUALIZATION  RATE  IN  THE
 REMAINDER  OF  THE  STATE,  EXCEPT  WHERE THE STATE EQUALIZATION RATE OR
 SPECIAL EQUALIZATION RATE EQUALS  OR  EXCEEDS  NINETY-FIVE  PERCENT,  IN
 WHICH  CASE  THE  INCREASE IN ASSESSED VALUE ATTRIBUTABLE TO SUCH RECON-
 STRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION SHALL BE  DEEMED
 TO  EQUAL  THE MARKET VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVE-
 MENT, OR NEW CONSTRUCTION.
   (B) NO SUCH EXEMPTION SHALL  BE  GRANTED  FOR  RECONSTRUCTION,  ALTER-
 ATIONS, IMPROVEMENTS, OR NEW CONSTRUCTION UNLESS:
   (I)  SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW CONSTRUCTION
 WAS COMMENCED SUBSEQUENT TO THE EFFECTIVE  DATE  OF  THE  LOCAL  LAW  OR
 RESOLUTION ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION; AND
   (II) THE VALUE OF SUCH RECONSTRUCTION, ALTERATION, IMPROVEMENT, OR NEW
 CONSTRUCTION EXCEEDS THREE THOUSAND DOLLARS; AND
   (III)   SUCH   RECONSTRUCTION,   ALTERATION,   IMPROVEMENT,   OR   NEW
 CONSTRUCTION CREATED ONE OR MORE ADDITIONAL RESIDENTIAL  DWELLING  UNITS
 ON  THE  SAME PARCEL AS THE 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
 S. 8306--C                         108                        A. 8806--C
 
 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.
   § 3. This act shall take effect immediately and shall apply to assess-
 ment rolls based on taxable status dates  occurring  on  or  after  such
 effective date.
 
                                  PART HH
 
   Section  1.  The  real property law is amended by adding a new article
 6-A to read as follows:
                                ARTICLE 6-A
                          GOOD CAUSE EVICTION LAW
 SECTION 210.   SHORT TITLE.
         211.   DEFINITIONS.
         212.   APPLICABILITY IN THE CITY OF NEW YORK.
         213. VOLUNTARY PARTICIPATION BY LOCAL  GOVERNMENTS  OUTSIDE  THE
                 CITY OF NEW YORK.
         214.   COVERED HOUSING ACCOMMODATIONS.
         215.   NECESSITY FOR GOOD CAUSE.
         216.   GROUNDS FOR REMOVAL OF TENANTS.
         217.   PRESERVATION OF EXISTING REQUIREMENTS OF LAW.
         218.   WAIVER OF RIGHTS VOID.
   §  210.  SHORT  TITLE.  THIS ARTICLE SHALL BE CITED AS THE "GOOD CAUSE
 EVICTION LAW".
   § 211. DEFINITIONS. 1. THE TERM "HOUSING ACCOMMODATION",  AS  USED  IN
 THIS ARTICLE SHALL MEAN ANY RESIDENTIAL PREMISES, INCLUDING ANY RESIDEN-
 TIAL PREMISES LOCATED WITHIN A MIXED-USE RESIDENTIAL PREMISES.
   2.  THE  TERM  "LANDLORD"  AS  USED IN THIS ARTICLE SHALL MEAN ANY FEE
 OWNER, LESSOR, SUBLESSOR, ASSIGNOR, COURT  APPOINTED  RECEIVER,  OR  ANY
 OTHER  PERSON  OR  ENTITY  RECEIVING OR ENTITLED TO RECEIVE RENT FOR THE
 OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN AGENT OF ANY OF THE FOREGO-
 ING.
   3. (A) THE TERM "SMALL LANDLORD" AS USED IN THIS ARTICLE SHALL MEAN  A
 LANDLORD  OF NO MORE THAN (I) TEN UNITS IN THE STATE, OR (II) SUCH OTHER
 NUMBER OF UNITS IN THE STATE DESIGNATED BY LOCAL LAW PURSUANT  TO  PARA-
 GRAPH  (B)  OF  SUBDIVISION  TWO OF SECTION TWO HUNDRED THIRTEEN OF THIS
 ARTICLE.
   (B) IF A LANDLORD IS A SINGLE NATURAL PERSON, THEN THAT LANDLORD IS  A
 SMALL  LANDLORD  IF  THEY  OWN OR ARE A BENEFICIAL OWNER OF, DIRECTLY OR
 S. 8306--C                         109                        A. 8806--C
 
 INDIRECTLY, IN WHOLE OR IN PART, NO MORE THAN THE NUMBER OF UNITS ESTAB-
 LISHED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; IF THERE  IS  MORE
 THAN  ONE NATURAL PERSON OWNER, THEN NO ONE PERSON MAY OWN OR BE A BENE-
 FICIAL  OWNER OF, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, MORE THAN
 THE NUMBER OF UNITS ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION.
   (C) IF A LANDLORD IS AN ENTITY, ORGANIZED UNDER THE LAWS OF THIS STATE
 OR OF ANY OTHER JURISDICTION, THEN THAT LANDLORD IS A SMALL LANDLORD  IF
 EACH  NATURAL PERSON WITH A DIRECT OR INDIRECT OWNERSHIP INTEREST IN THE
 ENTITY OR ANY AFFILIATED ENTITY OWNS NO MORE THAN THE  NUMBER  OF  UNITS
 ESTABLISHED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. IF AN ENTITY
 CANNOT PROVIDE THE NAMES OF ALL NATURAL PERSONS WITH A DIRECT  OR  INDI-
 RECT  OWNERSHIP INTEREST IN THE ENTITY, SUCH ENTITY SHALL NOT QUALIFY AS
 A SMALL LANDLORD.
   4. THE TERM "TENANT" AS USED IN THIS  ARTICLE  SHALL  MEAN  A  TENANT,
 SUB-TENANT,  LESSEE,  SUBLESSEE,  OR  ANY  OTHER  PERSON ENTITLED TO THE
 LAWFUL POSSESSION, USE OR OCCUPANCY OF  ANY  HOUSING  ACCOMMODATION.  AN
 INDIVIDUAL  SHALL  NOT  BE  CONSIDERED A TENANT FOR THE PURPOSES OF THIS
 ARTICLE IF:
   (A) NO LANDLORD-TENANT RELATIONSHIP EXISTS, AS ESTABLISHED PURSUANT TO
 ANY OF THE GROUNDS SET FORTH IN SECTION SEVEN HUNDRED  THIRTEEN  OF  THE
 REAL PROPERTY ACTIONS AND PROCEEDINGS LAW; OR
   (B)  THE  INDIVIDUAL  IS  AN  OCCUPANT, AS DEFINED IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-FIVE-F  OF  THIS  CHAPTER,
 WHO  HAS  NOT  RECEIVED THE LANDLORD'S EXPRESS OR IMPLIED CONSENT TO USE
 THE HOUSING ACCOMMODATION AS THEIR PRIMARY  RESIDENCE  IN  EXCHANGE  FOR
 PAYMENT OF RENT.
   5.  THE  TERM  "RENT" AS USED IN THIS ARTICLE SHALL MEAN ANY CONSIDER-
 ATION, INCLUDING ANY BONUS, BENEFIT OR GRATUITY DEMANDED OR RECEIVED FOR
 OR IN CONNECTION WITH THE POSSESSION, USE OR OCCUPANCY OF HOUSING ACCOM-
 MODATIONS OR THE EXECUTION OR TRANSFER  OF  A  LEASE  FOR  SUCH  HOUSING
 ACCOMMODATIONS.   THE TERM "RENT" SHALL NOT INCLUDE ANY SEPARATE CHARGES
 FOR SERVICES, AMENITIES OR FACILITIES WHICH THE TENANT PAYS IN  ADDITION
 TO RENT, INCLUDING BUT NOT LIMITED TO CHARGES FOR FITNESS CENTERS, PARK-
 ING,  STORAGE,  OR  FACILITY RENTALS, PROVIDED THAT SUCH CHARGES ARE NOT
 IMPOSED OR INCREASED FOR THE PURPOSES OF CIRCUMVENTING THIS ARTICLE.
   6. THE TERM "DISABLED PERSON" AS USED IN THIS  ARTICLE  SHALL  MEAN  A
 PERSON  WHO  HAS AN IMPAIRMENT WHICH RESULTS FROM ANATOMICAL, PHYSIOLOG-
 ICAL OR PSYCHOLOGICAL  CONDITIONS,  OTHER  THAN  ADDICTION  TO  ALCOHOL,
 GAMBLING,  OR  ANY  CONTROLLED  SUBSTANCE,  WHICH  ARE  DEMONSTRABLE  BY
 MEDICALLY ACCEPTABLE CLINICAL AND LABORATORY DIAGNOSTIC TECHNIQUES,  AND
 WHICH  ARE EXPECTED TO BE PERMANENT AND WHICH SUBSTANTIALLY LIMIT ONE OR
 MORE OF SUCH PERSON'S MAJOR LIFE ACTIVITIES.
   7. THE TERM "INFLATION INDEX" SHALL MEAN FIVE PERCENT PLUS THE  ANNUAL
 PERCENTAGE  CHANGE  IN  THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS
 FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR  STATIS-
 TICS  FOR  THE  REGION IN WHICH THE HOUSING ACCOMMODATION IS LOCATED, AS
 ESTABLISHED FOR THE MOST RECENT PRECEDING  CALENDAR  YEAR  AS  SHALL  BE
 PUBLISHED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL NO LATER THAN
 THE  FIRST  OF  AUGUST  IN ANY GIVEN YEAR, PROVIDED FURTHER THAT FOR NEW
 YORK CITY AND ANY VILLAGE, TOWN, OR CITY THAT ADOPTS THE  PROVISIONS  OF
 THIS  ARTICLE  BY  LOCAL  LAW PURSUANT TO SUBDIVISION ONE OF SECTION TWO
 HUNDRED THIRTEEN OF THIS ARTICLE IN THE COUNTIES  OF  DUTCHESS,  NASSAU,
 ORANGE,  PUTNAM, ROCKLAND, SUFFOLK, AND WESTCHESTER, SUCH CONSUMER PRICE
 INDEX SHALL BE THE NEW YORK-NEWARK-JERSEY CITY, NY-NJ-PA CONSUMER  PRICE
 INDEX,  AND  PROVIDED  FURTHER THAT FOR ANY OTHER VILLAGE, TOWN, OR CITY
 S. 8306--C                         110                        A. 8806--C
 
 THAT ADOPTS THE PROVISIONS OF THIS ARTICLE  BY  LOCAL  LAW  PURSUANT  TO
 SUBDIVISION  ONE  OF  SECTION TWO HUNDRED THIRTEEN OF THIS ARTICLE, SUCH
 CONSUMER PRICE INDEX SHALL BE THE NORTHEAST REGION CONSUMER PRICE INDEX.
   8.  THE TERM "LOCAL RENT STANDARD" SHALL MEAN A RENT INCREASE EQUAL TO
 THE INFLATION INDEX OR TEN PERCENT, WHICHEVER IS LOWER.
   § 212. APPLICABILITY IN THE CITY OF NEW YORK.  UPON THE EFFECTIVE DATE
 OF THIS SECTION, THIS ARTICLE SHALL APPLY TO THE CITY OF NEW YORK.
   § 213. VOLUNTARY PARTICIPATION BY LOCAL GOVERNMENTS OUTSIDE  THE  CITY
 OF NEW YORK.  1. APPLICABILITY. THIS ARTICLE SHALL APPLY IN ANY VILLAGE,
 TOWN,  OR  A CITY, OTHER THAN THE CITY OF NEW YORK, THAT, ACTING THROUGH
 ITS LOCAL LEGISLATIVE BODY, ADOPTS THE PROVISIONS  OF  THIS  ARTICLE  BY
 LOCAL LAW.
   2.  OPT-IN  BY  A  VILLAGE,  TOWN, OR CITY, OTHER THAN THE CITY OF NEW
 YORK. A VILLAGE, TOWN, OR CITY THAT ADOPTS THE PROVISIONS OF THIS  ARTI-
 CLE BY LOCAL LAW PURSUANT TO SUBDIVISION ONE OF THIS SECTION MAY:
   (A)  PROVIDE  THAT ANY UNIT ON OR WITHIN A HOUSING ACCOMMODATION SHALL
 BE EXEMPT FROM THE PROVISIONS OF THIS ARTICLE IF SUCH UNIT HAS A MONTHLY
 RENT ABOVE A PERCENT OF FAIR MARKET RENT, AS  PUBLISHED  BY  THE  UNITED
 STATES  DEPARTMENT  OF  HOUSING  AND  URBAN  DEVELOPMENT AND AS SHALL BE
 PUBLISHED FOR EACH COUNTY IN THE STATE BY THE DIVISION  OF  HOUSING  AND
 COMMUNITY RENEWAL PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWO HUNDRED
 FOURTEEN  OF  THIS  ARTICLE,  THAT SHALL BE ESTABLISHED IN THE LOCAL LAW
 ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION,  PROVIDED  THAT  IF
 SUCH  LOCAL LAW DOES NOT ESTABLISH SUCH PERCENT OF FAIR MARKET RENT, ANY
 UNIT ON OR WITHIN A HOUSING ACCOMMODATION WITH A  MONTHLY  RENT  GREATER
 THAN  TWO  HUNDRED  FORTY-FIVE PERCENT OF SUCH FAIR MARKET RENT SHALL BE
 EXEMPT FROM THE PROVISIONS OF THIS ARTICLE; AND/OR
   (B) DEFINE "SMALL LANDLORD" AS A LANDLORD OF NO MORE THAN  ANY  NUMBER
 OF  UNITS  IN  THE STATE THAT THE VILLAGE, TOWN, OR CITY ENACTS BY LOCAL
 LAW, PROVIDED THAT IF SUCH LOCAL LAW DOES NOT DEFINE "SMALL LANDLORD," A
 "SMALL LANDLORD" SHALL MEAN A LANDLORD OF NO MORE THAN TEN UNITS IN  THE
 STATE.
   3. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IF A TOWN
 AND A VILLAGE WITHIN SUCH TOWN BOTH ADOPT THE PROVISIONS OF THIS ARTICLE
 BY LOCAL LAW PURSUANT TO SUBDIVISION  ONE OF THIS SECTION, THE LOCAL LAW
 ADOPTED  BY SUCH TOWN SHALL NOT APPLY WITHIN THE TERRITORIAL LIMITS OF A
 VILLAGE WITHIN SUCH TOWN.
   4. NOTHING IN THIS SECTION SHALL PERMIT A VILLAGE, TOWN,  OR  CITY  TO
 WHICH  THIS ARTICLE APPLIES TO PREEMPT OR ALTER THE TERMS AND PROVISIONS
 OF THIS ARTICLE WITHIN SUCH VILLAGE, TOWN OR CITY.
   5. WITHIN THIRTY DAYS OF RECEIPT OF A LOCAL LAW  ADOPTED  PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION, AND FILED WITH THE DEPARTMENT OF STATE
 PURSUANT TO SECTION TWENTY-SEVEN OF THE MUNICIPAL  HOME  RULE  LAW,  THE
 DEPARTMENT  OF  STATE SHALL NOTIFY THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL OF SUCH ADOPTION.
   6. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL INCLUDE IN  THE
 ANNUAL PUBLICATION REQUIRED PURSUANT TO SUBDIVISION SEVEN OF SECTION TWO
 HUNDRED  ELEVEN  OF  THIS ARTICLE A LIST INCLUDING ANY VILLAGE, TOWN, OR
 CITY, OTHER THAN THE CITY OF NEW YORK, AS TO WHICH THE DIVISION OF HOUS-
 ING AND COMMUNITY RENEWAL HAS RECEIVED THE NOTICE FROM THE DEPARTMENT OF
 STATE REQUIRED PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION  INDICATING
 THAT  SUCH  VILLAGE,  TOWN,  OR CITY HAS ADOPTED A LOCAL LAW PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION TO APPLY THE PROVISIONS OF THIS  ARTICLE
 WITHIN  SUCH VILLAGE, TOWN, OR CITY. SUCH LIST SHALL INCLUDE THE NAME OF
 EACH VILLAGE, TOWN, OR CITY THAT HAS  ADOPTED  SUCH  A  LOCAL  LAW,  THE
 APPLICABLE FAIR MARKET RENT THRESHOLD WITHIN SUCH VILLAGE, TOWN, OR CITY
 S. 8306--C                         111                        A. 8806--C
 
 FOR  EXEMPTION  FROM THE PROVISIONS OF THIS ARTICLE ESTABLISHED PURSUANT
 TO PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION, AND THE  APPLICABLE
 DEFINITION  OF  SMALL LANDLORD WITHIN SUCH VILLAGE, TOWN, OR CITY ESTAB-
 LISHED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION.
   §  214. COVERED HOUSING ACCOMMODATIONS. WHERE THIS ARTICLE APPLIES, IT
 SHALL APPLY TO ALL HOUSING ACCOMMODATIONS EXCEPT A:
   1. PREMISES OWNED BY A SMALL LANDLORD PROVIDED THAT IN CONNECTION WITH
 ANY EVICTION PROCEEDING IN WHICH THE LANDLORD CLAIMS AN  EXEMPTION  FROM
 THE  PROVISIONS  OF THIS ARTICLE ON THE BASIS OF BEING A SMALL LANDLORD,
 SUCH LANDLORD SHALL PROVIDE TO THE TENANT  OR  TENANTS  SUBJECT  TO  THE
 PROCEEDING  THE  NAME OF EACH NATURAL PERSON WHO OWNS OR IS A BENEFICIAL
 OWNER OF, DIRECTLY OR INDIRECTLY, IN  WHOLE  OR  IN  PART,  THE  HOUSING
 ACCOMMODATION  AT  ISSUE  IN  THE PROCEEDING, THE NUMBER OF UNITS OWNED,
 JOINTLY OR SEPARATELY, BY  EACH  SUCH  NATURAL  PERSON  OWNER,  AND  THE
 ADDRESSES OF ANY SUCH UNITS, EXCLUDING EACH NATURAL PERSON OWNER'S PRIN-
 CIPAL  RESIDENCE;  PROVIDED  FURTHER  THAT IF THE LANDLORD IS AN ENTITY,
 ORGANIZED UNDER THE LAWS OF THIS STATE OR  OF  ANY  OTHER  JURISDICTION,
 THEN SUCH LANDLORD SHALL PROVIDE TO THE TENANT OR TENANTS SUBJECT TO THE
 PROCEEDING  THE  NAME  OF  EACH NATURAL PERSON WITH A DIRECT OR INDIRECT
 OWNERSHIP INTEREST IN SUCH ENTITY OR ANY AFFILIATED ENTITY,  THE  NUMBER
 OF  UNITS  OWNED,  JOINTLY  OR  SEPARATELY,  BY EACH SUCH NATURAL PERSON
 OWNER, AND THE ADDRESSES OF  ANY  SUCH  UNITS,  EXCLUDING  EACH  NATURAL
 PERSON OWNER'S PRINCIPAL RESIDENCE;
   2. OWNER-OCCUPIED HOUSING ACCOMMODATION WITH NO MORE THEN TEN UNITS;
   3. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE SUCH UNIT IS SUBLET
 PURSUANT  TO SECTION TWO HUNDRED TWENTY-SIX-B OF THIS CHAPTER, OR OTHER-
 WISE, WHERE THE SUBLESSOR SEEKS IN GOOD FAITH TO RECOVER  POSSESSION  OF
 SUCH HOUSING ACCOMMODATION FOR THEIR OWN PERSONAL USE AND OCCUPANCY;
   4. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE THE POSSESSION, USE
 OR  OCCUPANCY OF WHICH IS SOLELY INCIDENT TO EMPLOYMENT AND SUCH EMPLOY-
 MENT IS BEING OR HAS BEEN LAWFULLY TERMINATED;
   5. UNIT ON OR WITHIN A HOUSING ACCOMMODATION WHERE SUCH UNIT IS OTHER-
 WISE SUBJECT TO REGULATION OF RENTS  OR  EVICTIONS  PURSUANT  TO  LOCAL,
 STATE OR FEDERAL LAW, RULE, OR REGULATION;
   6.  UNIT  ON OR WITHIN A HOUSING ACCOMMODATION WHERE SUCH UNIT MUST BE
 AFFORDABLE TO TENANTS AT A SPECIFIC INCOME LEVEL  PURSUANT  TO  STATUTE,
 REGULATION,  RESTRICTIVE DECLARATION, OR PURSUANT TO A REGULATORY AGREE-
 MENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY;
   7. UNIT ON OR WITHIN A HOUSING ACCOMMODATION OWNED AS A CONDOMINIUM OR
 COOPERATIVE, OR A UNIT ON OR WITHIN A HOUSING ACCOMMODATION  SUBJECT  TO
 AN  OFFERING  PLAN  SUBMITTED  TO  THE  OFFICE  OF THE ATTORNEY GENERAL,
 PROVIDED THAT NOTHING HEREIN  SHALL  ABROGATE  OR  OTHERWISE  LIMIT  ANY
 RIGHTS  OR  OBLIGATIONS A TENANT RESIDING IN A UNIT WITHIN A CONDOMINIUM
 OR COOPERATIVE OR A PURCHASER, OWNER, OR OFFEROR  OF  A  CONDOMINIUM  OR
 COOPERATIVE UNIT HAS PURSUANT TO ANY OTHER STATE LAW;
   8.  HOUSING  ACCOMMODATION  FOR WHICH A TEMPORARY OR PERMANENT CERTIF-
 ICATE OF OCCUPANCY WAS ISSUED ON OR AFTER  THE  FIRST  OF  JANUARY,  TWO
 THOUSAND  NINE,  FOR A PERIOD OF TIME OF THIRTY YEARS FOLLOWING ISSUANCE
 OF SUCH CERTIFICATE;
   9. UNIT ON OR WITHIN A  HOUSING  ACCOMMODATION  THAT  QUALIFIES  AS  A
 SEASONAL  USE  DWELLING  UNIT  PURSUANT TO SUBDIVISIONS FOUR AND FIVE OF
 SECTION 7-108 OF THE GENERAL OBLIGATIONS LAW;
   10. HOUSING ACCOMMODATION IN A HOSPITAL AS DEFINED IN SUBDIVISION  ONE
 OF SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, CONTINUING
 CARE  RETIREMENT  COMMUNITY  LICENSED  PURSUANT  TO ARTICLE FORTY-SIX OR
 FORTY-SIX-A OF THE PUBLIC HEALTH LAW, ASSISTED LIVING RESIDENCE LICENSED
 S. 8306--C                         112                        A. 8806--C

 PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC  HEALTH  LAW,  ADULT  CARE
 FACILITY  LICENSED PURSUANT TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW,
 SENIOR RESIDENTIAL COMMUNITY THAT HAVE SUBMITTED AN OFFERING PLAN TO THE
 ATTORNEY  GENERAL,  AND  NOT-FOR-PROFIT INDEPENDENT RETIREMENT COMMUNITY
 THAT OFFER PERSONAL EMERGENCY RESPONSE, HOUSEKEEPING, TRANSPORTATION AND
 MEALS TO THEIR RESIDENTS;
   11. MANUFACTURED HOME LOCATED ON OR IN A  MANUFACTURED  HOME  PARK  AS
 DEFINED IN SECTION TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW;
   12.  HOTEL  ROOM OR OTHER TRANSIENT USE COVERED BY THE DEFINITION OF A
 CLASS B MULTIPLE DWELLING UNDER SUBDIVISION NINE OF SECTION FOUR OF  THE
 MULTIPLE  DWELLING  LAW,  REGARDLESS OF WHETHER SUCH USE IS LOCATED IN A
 JURISDICTION IN WHICH THE MULTIPLE DWELLING LAW APPLIES;
   13. DORMITORY OWNED AND OPERATED BY AN INSTITUTION OF HIGHER EDUCATION
 OR A KINDERGARTEN AND GRADES 1 TO 12, INCLUSIVE, SCHOOL;
   14. HOUSING ACCOMMODATION WITHIN AND FOR USE BY A  RELIGIOUS  FACILITY
 OR INSTITUTION; AND
   15.  UNIT  ON OR WITHIN A HOUSING ACCOMMODATION WHERE THE MONTHLY RENT
 IS GREATER THAN THE PERCENT OF FAIR MARKET RENT ESTABLISHED PURSUANT  TO
 PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED THIRTEEN OF THIS
 ARTICLE  IN A LOCAL LAW OF A VILLAGE, TOWN, OR CITY, OTHER THAN THE CITY
 OF NEW YORK, ADOPTING THE PROVISIONS OF THIS ARTICLE PURSUANT TO  SUBDI-
 VISION  ONE  OF  SECTION  TWO  HUNDRED  THIRTEEN OF THIS ARTICLE, OR TWO
 HUNDRED FORTY-FIVE PERCENT OF THE FAIR MARKET RENT, PROVIDED  THAT  FAIR
 MARKET  RENT  SHALL  REFER  TO THE FIGURE PUBLISHED BY THE UNITED STATES
 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE COUNTY IN WHICH THE
 HOUSING ACCOMMODATION IS LOCATED, AS SHALL BE PUBLISHED BY THE  DIVISION
 OF  HOUSING  AND  COMMUNITY RENEWAL NO LATER THAN THE FIRST OF AUGUST IN
 ANY GIVEN YEAR. THE DIVISION OF  HOUSING  AND  COMMUNITY  RENEWAL  SHALL
 PUBLISH  THE  FAIR MARKET RENT AND TWO HUNDRED FORTY-FIVE PERCENT OF THE
 FAIR MARKET RENT FOR EACH UNIT TYPE FOR WHICH SUCH FAIR MARKET  RENT  IS
 PUBLISHED  BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOP-
 MENT FOR EACH COUNTY  IN  NEW  YORK  STATE  IN  THE  ANNUAL  PUBLICATION
 REQUIRED  PURSUANT TO SUBDIVISION SEVEN OF SECTION TWO HUNDRED ELEVEN OF
 THIS ARTICLE.
   § 215. NECESSITY FOR GOOD CAUSE. NO LANDLORD SHALL, BY ACTION TO EVICT
 OR TO RECOVER POSSESSION, BY EXCLUSION FROM POSSESSION,  BY  FAILURE  TO
 RENEW  ANY  LEASE, OR OTHERWISE, REMOVE ANY TENANT FROM HOUSING ACCOMMO-
 DATIONS COVERED BY SECTION TWO HUNDRED FOURTEEN OF THIS  ARTICLE  EXCEPT
 FOR  GOOD  CAUSE AS DEFINED IN SECTION TWO HUNDRED SIXTEEN OF THIS ARTI-
 CLE.
   § 216. GROUNDS FOR REMOVAL OF TENANTS. 1. NO LANDLORD SHALL  REMOVE  A
 TENANT  FROM  ANY  HOUSING  ACCOMMODATION COVERED BY SECTION TWO HUNDRED
 FOURTEEN OF THIS ARTICLE, OR ATTEMPT  SUCH  REMOVAL  OR  EXCLUSION  FROM
 POSSESSION, NOTWITHSTANDING THAT THE TENANT HAS NO WRITTEN LEASE OR THAT
 THE LEASE OR OTHER RENTAL AGREEMENT HAS EXPIRED OR OTHERWISE TERMINATED,
 EXCEPT  UPON  ORDER  OF  A COURT OF COMPETENT JURISDICTION ENTERED IN AN
 APPROPRIATE JUDICIAL ACTION OR PROCEEDING IN  WHICH  THE  PETITIONER  OR
 PLAINTIFF HAS ESTABLISHED ONE OF THE FOLLOWING GROUNDS AS GOOD CAUSE FOR
 REMOVAL OR EVICTION:
   (A)  (I)  THE  TENANT  HAS  FAILED TO PAY RENT DUE AND OWING, PROVIDED
 HOWEVER THAT THE RENT DUE AND OWING, OR ANY PART THEREOF, DID NOT RESULT
 FROM A RENT INCREASE WHICH IS UNREASONABLE. IN DETERMINING  WHETHER  ALL
 OR  PART OF THE RENT DUE AND OWING IS THE RESULT OF AN UNREASONABLE RENT
 INCREASE, IT SHALL BE A REBUTTABLE  PRESUMPTION  THAT  THE  RENT  FOR  A
 DWELLING  NOT  PROTECTED BY RENT REGULATION IS UNREASONABLE IF SAID RENT
 HAS BEEN INCREASED IN ANY CALENDAR YEAR, AFTER  THE  EFFECTIVE  DATE  OF
 S. 8306--C                         113                        A. 8806--C
 
 THIS  ARTICLE,  OR  AFTER  THE  EFFECTIVE  DATE  OF THE LOCAL LAW IN ANY
 VILLAGE, TOWN, OR CITY THAT ENACTS SUCH LOCAL LAW TO APPLY THIS  ARTICLE
 TO  SUCH  VILLAGE,  TOWN, OR CITY PURSUANT TO SUBDIVISION ONE OF SECTION
 TWO  HUNDRED  THIRTEEN  OF  THIS  ARTICLE, BY AN AMOUNT GREATER THAN THE
 LOCAL RENT STANDARD, PROVIDED FURTHER THAT NO RENT INCREASE LESS THAN OR
 EQUAL TO THE LOCAL RENT STANDARD SHALL BE DEEMED UNREASONABLE.
   (II) WHENEVER A COURT CONSIDERS WHETHER A RENT INCREASE  IS  UNREASON-
 ABLE,  THE  COURT  MAY  CONSIDER  ALL  RELEVANT FACTS, INCLUDING BUT NOT
 LIMITED TO A LANDLORD'S COSTS FOR FUEL AND OTHER  UTILITIES,  INSURANCE,
 AND  MAINTENANCE;  BUT  IN ALL CASES, THE COURT SHALL CONSIDER THE LAND-
 LORD'S PROPERTY TAX EXPENSES AND  ANY  RECENT  INCREASES  THERETO;  SUCH
 RELEVANT  FACTS  ALSO  SHALL INCLUDE WHETHER THE LANDLORD, OTHER THAN IN
 CIRCUMSTANCES GOVERNED BY PARAGRAPH (D) OF THIS  SUBDIVISION,  SEEKS  IN
 GOOD  FAITH  TO RAISE THE RENT UPON A RENEWAL LEASE TO REFLECT COMPLETED
 SIGNIFICANT REPAIRS TO THE HOUSING ACCOMMODATION, OR TO ANY  OTHER  PART
 OF  THE  BUILDING OR REAL PROPERTY IN WHICH THE HOUSING ACCOMMODATION IS
 LOCATED, PROVIDED THAT THE  LANDLORD  CAN  ESTABLISH  THAT  THE  REPAIRS
 CONSTITUTED  SIGNIFICANT  REPAIRS  AND  THAT SUCH REPAIRS DID NOT RESULT
 FROM THE LANDLORD'S FAILURE TO PROPERLY MAINTAIN THE BUILDING OR HOUSING
 ACCOMMODATION, AND PROVIDED  FURTHER  THAT  FOR  THE  PURPOSES  OF  THIS
 SUBPARAGRAPH,  "SIGNIFICANTLY  REPAIR" MEANS THE REPLACEMENT OR SUBSTAN-
 TIAL MODIFICATION OF ANY STRUCTURAL, ELECTRICAL, PLUMBING, OR MECHANICAL
 SYSTEM THAT REQUIRES A PERMIT FROM A GOVERNMENTAL AGENCY,  OR  ABATEMENT
 OF HAZARDOUS MATERIALS, INCLUDING LEAD-BASED PAINT, MOLD, OR ASBESTOS IN
 ACCORDANCE  WITH APPLICABLE FEDERAL, STATE, AND LOCAL LAWS, AND PROVIDED
 FURTHER COSMETIC IMPROVEMENTS ALONE, INCLUDING PAINTING, DECORATING, AND
 MINOR REPAIRS, DO NOT QUALIFY AS SIGNIFICANT REPAIRS;
   (B) THE TENANT IS VIOLATING A SUBSTANTIAL OBLIGATION OF THEIR  TENANCY
 OR  BREACHING ANY OF THE LANDLORD'S RULES AND REGULATIONS GOVERNING SAID
 PREMISES, OTHER THAN THE OBLIGATION TO  SURRENDER  POSSESSION,  AND  HAS
 FAILED  TO  CURE  SUCH VIOLATION AFTER WRITTEN NOTICE THAT THE VIOLATION
 CEASE WITHIN TEN DAYS OF RECEIPT OF SUCH WRITTEN NOTICE, PROVIDED HOWEV-
 ER, THAT THE OBLIGATION OF TENANCY FOR WHICH VIOLATION  IS  CLAIMED  WAS
 NOT  IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT OF THIS ARTICLE
 AND PROVIDED SUCH RULES OR REGULATIONS  ARE  REASONABLE  AND  HAVE  BEEN
 ACCEPTED  IN  WRITING  BY  THE TENANT OR MADE A PART OF THE LEASE AT THE
 BEGINNING OF THE LEASE TERM;
   (C) THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN SUCH  HOUSING
 ACCOMMODATION,  OR  ELSEWHERE IN THE BUILDING OR ON THE REAL PROPERTY IN
 WHICH THE HOUSING ACCOMMODATION IS LOCATED,  OR  IS  MALICIOUSLY  OR  BY
 REASON  OF  GROSS NEGLIGENCE SUBSTANTIALLY DAMAGING THE HOUSING ACCOMMO-
 DATION, OR CAUSING SUBSTANTIAL DAMAGE ELSEWHERE IN THE  BUILDING  OR  ON
 THE  REAL PROPERTY IN WHICH THE HOUSING ACCOMMODATION IS LOCATED; OR THE
 TENANT'S CONDUCT IS SUCH AS TO INTERFERE WITH THE COMFORT AND SAFETY  OF
 THE  LANDLORD OR OTHER TENANTS OR OCCUPANTS OF THE SAME OR ANOTHER ADJA-
 CENT BUILDING OR STRUCTURE;
   (D) OCCUPANCY OF  THE  HOUSING  ACCOMMODATION  BY  THE  TENANT  IS  IN
 VIOLATION OF OR CAUSES A VIOLATION OF LAW AND THE LANDLORD IS SUBJECT TO
 CIVIL OR CRIMINAL PENALTIES THEREFOR; PROVIDED HOWEVER THAT AN AGENCY OF
 THE  STATE  OR  MUNICIPALITY  HAVING  JURISDICTION  HAS  ISSUED AN ORDER
 REQUIRING THE TENANT TO VACATE  THE  HOUSING  ACCOMMODATION.  NO  TENANT
 SHALL  BE  REMOVED  FROM  POSSESSION  OF A HOUSING ACCOMMODATION ON SUCH
 GROUND UNLESS THE COURT FINDS THAT THE CURE  OF  THE  VIOLATION  OF  LAW
 REQUIRES THE REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT THROUGH
 NEGLECT  OR  DELIBERATE  ACTION  OR  FAILURE TO ACT CREATE THE CONDITION
 NECESSITATING THE VACATE ORDER. IN INSTANCES WHERE THE LANDLORD DOES NOT
 S. 8306--C                         114                        A. 8806--C
 
 UNDERTAKE TO CURE CONDITIONS OF THE HOUSING ACCOMMODATION  CAUSING  SUCH
 VIOLATION  OF  THE LAW, THE TENANT SHALL HAVE THE RIGHT TO PAY OR SECURE
 PAYMENT IN A MANNER SATISFACTORY TO THE COURT, TO  CURE  SUCH  VIOLATION
 PROVIDED  THAT  ANY TENANT EXPENDITURES SHALL BE APPLIED AGAINST RENT TO
 WHICH THE LANDLORD IS ENTITLED. IN INSTANCES WHERE REMOVAL OF  A  TENANT
 IS  ABSOLUTELY ESSENTIAL TO SUCH TENANT'S HEALTH AND SAFETY, THE REMOVAL
 OF THE TENANT SHALL BE WITHOUT PREJUDICE TO ANY  LEASEHOLD  INTEREST  OR
 OTHER  RIGHT  OF  OCCUPANCY  THE TENANT MAY HAVE AND THE TENANT SHALL BE
 ENTITLED TO RESUME POSSESSION AT SUCH TIME AS THE  DANGEROUS  CONDITIONS
 HAVE  BEEN REMOVED. NOTHING HEREIN SHALL ABROGATE OR OTHERWISE LIMIT THE
 RIGHT OF A TENANT TO BRING AN ACTION FOR MONETARY  DAMAGES  AGAINST  THE
 LANDLORD  OR  TO  OTHERWISE  COMPEL  COMPLIANCE BY THE LANDLORD WITH ALL
 APPLICABLE STATE OR MUNICIPAL HOUSING CODES;
   (E) THE TENANT IS USING OR PERMITTING THE  HOUSING  ACCOMMODATION,  OR
 ELSEWHERE  IN  THE BUILDING OR ON THE REAL PROPERTY IN WHICH THE HOUSING
 ACCOMMODATION IS LOCATED, TO BE USED FOR AN ILLEGAL PURPOSE;
   (F) THE TENANT HAS UNREASONABLY REFUSED THE  LANDLORD  ACCESS  TO  THE
 HOUSING  ACCOMMODATION  FOR  THE  PURPOSE OF MAKING NECESSARY REPAIRS OR
 IMPROVEMENTS REQUIRED BY LAW OR FOR THE PURPOSE OF SHOWING  THE  HOUSING
 ACCOMMODATION  TO  A  PROSPECTIVE  PURCHASER,  MORTGAGEE OR OTHER PERSON
 HAVING A LEGITIMATE INTEREST THEREIN;
   (G) THE LANDLORD SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF A  HOUS-
 ING  ACCOMMODATION  FOR THE LANDLORD'S OWN PERSONAL USE AND OCCUPANCY AS
 THE LANDLORD'S PRINCIPAL RESIDENCE, OR THE PERSONAL USE AND OCCUPANCY AS
 PRINCIPAL RESIDENCE OF THE LANDLORD'S SPOUSE, DOMESTIC  PARTNER,  CHILD,
 STEPCHILD,   PARENT,   STEP-PARENT,  SIBLING,  GRANDPARENT,  GRANDCHILD,
 PARENT-IN-LAW OR SIBLING-IN-LAW, WHEN NO OTHER SUITABLE HOUSING ACCOMMO-
 DATION IN SUCH BUILDING IS AVAILABLE, PROVIDED THAT NO JUDGMENT IN FAVOR
 OF THE LANDLORD MAY BE GRANTED PURSUANT TO  THIS  PARAGRAPH  UNLESS  THE
 LANDLORD  ESTABLISHES  GOOD  FAITH  TO  RECOVER  POSSESSION OF A HOUSING
 ACCOMMODATION FOR THE LANDLORD'S OWN PERSONAL USE AND OCCUPANCY  AS  THE
 LANDLORD'S  PRINCIPAL  RESIDENCE, OR THE PERSONAL USE AND OCCUPANCY AS A
 PRINCIPAL RESIDENCE OF THE LANDLORD'S SPOUSE, DOMESTIC  PARTNER,  CHILD,
 STEPCHILD,   PARENT,   STEP-PARENT,  SIBLING,  GRANDPARENT,  GRANDCHILD,
 PARENT-IN-LAW OR SIBLING-IN-LAW, BY CLEAR AND CONVINCING EVIDENCE.  THIS
 PARAGRAPH  SHALL  NOT  APPLY  TO  A  HOUSING ACCOMMODATION OCCUPIED BY A
 TENANT WHO IS SIXTY-FIVE YEARS OF AGE OR OLDER  OR  WHO  IS  A  DISABLED
 PERSON;
   (H)  THE LANDLORD IN GOOD FAITH SEEKS TO DEMOLISH THE HOUSING ACCOMMO-
 DATION, PROVIDED THAT NO JUDGMENT IN FAVOR OF THE LANDLORD MAY BE GRANT-
 ED PURSUANT TO THIS PARAGRAPH UNLESS THE LANDLORD ESTABLISHES GOOD FAITH
 TO DEMOLISH THE HOUSING ACCOMMODATION BY CLEAR AND CONVINCING EVIDENCE;
   (I) THE LANDLORD SEEKS IN GOOD FAITH TO WITHDRAW  A  HOUSING  ACCOMMO-
 DATION  FROM  THE  HOUSING  RENTAL  MARKET, PROVIDED THAT NO JUDGMENT IN
 FAVOR OF THE LANDLORD MAY BE GRANTED PURSUANT TO THIS  PARAGRAPH  UNLESS
 THE  LANDLORD  ESTABLISHES  GOOD  FAITH TO WITHDRAW THE HOUSING ACCOMMO-
 DATION FROM THE HOUSING RENTAL MARKET BY CLEAR AND CONVINCING  EVIDENCE;
 OR
   (J)  THE  TENANT  FAILS  TO  AGREE TO REASONABLE CHANGES TO A LEASE AT
 RENEWAL, INCLUDING INCREASES  IN  RENT  THAT  ARE  NOT  UNREASONABLE  AS
 DEFINED  IN PARAGRAPH (A) OF THIS SUBDIVISION, AS LONG AS WRITTEN NOTICE
 OF THE CHANGES TO THE LEASE WERE PROVIDED TO THE TENANT AT LEAST  THIRTY
 DAYS,  BUT  NO  MORE  THAN  NINETY  DAYS, PRIOR TO THE EXPIRATION OF THE
 CURRENT LEASE.
   2. A TENANT REQUIRED TO SURRENDER A HOUSING ACCOMMODATION BY VIRTUE OF
 THE OPERATION OF PARAGRAPH (G), (H), OR (I) OF SUBDIVISION ONE  OF  THIS
 S. 8306--C                         115                        A. 8806--C
 
 SECTION SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDIC-
 TION  FOR DAMAGES, DECLARATORY, AND INJUNCTIVE RELIEF AGAINST A LANDLORD
 OR PURCHASER OF THE PREMISES WHO MAKES A FRAUDULENT STATEMENT  REGARDING
 A PROPOSED USE, REMOVAL FROM THE RENTAL HOUSING MARKET, OR DEMOLITION OF
 THE  HOUSING ACCOMMODATION. IN ANY ACTION OR PROCEEDING BROUGHT PURSUANT
 TO THIS SUBDIVISION A PREVAILING TENANT SHALL BE ENTITLED TO RECOVERY OF
 ACTUAL DAMAGES, AND REASONABLE ATTORNEYS' FEES. EXCEPT  AS  PROVIDED  IN
 THIS  SUBDIVISION, NOTHING IN THIS ARTICLE SHALL CREATE A CIVIL CLAIM OR
 CAUSE OF ACTION BY A TENANT AGAINST A LANDLORD.
   3. NOTHING IN THIS SECTION SHALL ABROGATE OR LIMIT THE TENANT'S  RIGHT
 PURSUANT TO SECTION SEVEN HUNDRED FIFTY-ONE OF THE REAL PROPERTY ACTIONS
 AND  PROCEEDINGS  LAW TO PERMANENTLY STAY THE ISSUANCE OR EXECUTION OF A
 WARRANT OR EVICTION IN A SUMMARY PROCEEDING, WHETHER CHARACTERIZED AS  A
 NONPAYMENT,  OBJECTIONABLE TENANCY, OR HOLDOVER PROCEEDING, THE UNDERLY-
 ING BASIS OF WHICH IS THE NONPAYMENT OF RENT,  SO  LONG  AS  THE  TENANT
 COMPLIES  WITH  THE  PROCEDURAL  REQUIREMENTS  OF  SECTION SEVEN HUNDRED
 FIFTY-ONE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW WHERE  APPLI-
 CABLE.
   §  217.  PRESERVATION OF EXISTING REQUIREMENTS OF LAW. NO ACTION SHALL
 BE MAINTAINABLE AND NO JUDGMENT OF POSSESSION SHALL BE ENTERED FOR HOUS-
 ING ACCOMMODATIONS PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF THIS ARTI-
 CLE, UNLESS THE LANDLORD HAS COMPLIED WITH ANY AND ALL  APPLICABLE  LAWS
 GOVERNING  SUCH  ACTION  OR PROCEEDING AND HAS COMPLIED WITH ANY AND ALL
 APPLICABLE LAWS GOVERNING NOTICE TO TENANTS, INCLUDING  WITHOUT  LIMITA-
 TION  THE MANNER AND THE TIME OF SERVICE OF SUCH NOTICE AND THE CONTENTS
 OF SUCH NOTICE.
   § 218. WAIVER OF RIGHTS VOID. ANY AGREEMENT BY A TENANT HERETOFORE  OR
 HEREINAFTER  ENTERED  INTO  IN A WRITTEN LEASE OR OTHER RENTAL AGREEMENT
 WAIVING OR MODIFYING THEIR RIGHTS AS SET FORTH IN THIS ARTICLE SHALL  BE
 VOID AS CONTRARY TO PUBLIC POLICY.
   § 2. Paragraph (a) of subdivision 1 of section 226-c of the real prop-
 erty  law,  as amended by chapter 789 of the laws of 2021, is amended to
 read as follows:
   (a) Whenever a landlord intends to offer to renew the  tenancy  of  an
 occupant in a residential dwelling unit with a rent increase equal to or
 greater  than  five percent above the current rent, or the landlord does
 not intend to renew the tenancy,  the  landlord  shall  provide  written
 notice  as required in subdivision two of this section. THE NOTICE SHALL
 APPEND OR CONTAIN THE NOTICE REQUIRED PURSUANT TO  SECTION  TWO  HUNDRED
 THIRTY-ONE-C  OF  THIS  ARTICLE, WHICH SHALL STATE THE FOLLOWING: (I) IF
 THE UNIT IS OR IS NOT SUBJECT TO ARTICLE  SIX-A  OF  THIS  CHAPTER,  THE
 "GOOD  CAUSE EVICTION LAW", AND IF THE UNIT IS EXEMPT, SUCH NOTICE SHALL
 STATE WHY THE UNIT IS EXEMPT FROM SUCH LAW; (II) IF THE LANDLORD IS  NOT
 RENEWING  THE LEASE FOR A UNIT SUBJECT TO ARTICLE SIX-A OF THIS CHAPTER,
 THE LAWFUL BASIS FOR SUCH NON-RENEWAL; AND  (III)  IF  THE  LANDLORD  IS
 INCREASING  THE RENT UPON AN EXISTING LEASE OF A UNIT SUBJECT TO ARTICLE
 SIX-A OF THIS CHAPTER ABOVE  THE  APPLICABLE  LOCAL  RENT  STANDARD,  AS
 DEFINED IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THIS CHAP-
 TER,  THE  JUSTIFICATION  FOR  SUCH  INCREASE.  If the landlord fails to
 provide timely notice, the  occupant's  lawful  tenancy  shall  continue
 under the existing terms of the tenancy from the date on which the land-
 lord  gave  actual  written  notice until the notice period has expired,
 notwithstanding any provision of a lease or other tenancy  agreement  to
 the contrary.
   § 3. The real property law is amended by adding a new section 231-c to
 read as follows:
 S. 8306--C                         116                        A. 8806--C
 
   §  231-C.  GOOD CAUSE EVICTION LAW NOTICE. 1. A LANDLORD AS DEFINED IN
 SUBDIVISION TWO OF SECTION TWO HUNDRED  ELEVEN  OF  THIS  CHAPTER  SHALL
 APPEND  TO  OR INCORPORATE INTO ANY INITIAL LEASE, RENEWAL LEASE, NOTICE
 REQUIRED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION  ONE  OF  SECTION  TWO
 HUNDRED TWENTY-SIX-C OF THIS ARTICLE, NOTICE REQUIRED PURSUANT TO SUBDI-
 VISION  TWO OF SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW, OR PETITION PURSUANT TO SECTION SEVEN HUNDRED FORTY
 ONE OF THE REAL PROPERTY ACTIONS  AND  PROCEEDINGS  LAW,  THE  FOLLOWING
 NOTICE:
 NOTICE  TO  TENANT  OF  APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK
 STATE GOOD CAUSE EVICTION LAW
 THIS NOTICE FROM YOUR LANDLORD SERVES TO INFORM YOU OF  WHETHER  OR  NOT
 YOUR  UNIT/APARTMENT/HOME  IS  COVERED  BY THE NEW YORK STATE GOOD CAUSE
 EVICTION LAW (ARTICLE 6-A OF THE REAL PROPERTY LAW) AND, IF  APPLICABLE,
 THE  REASON  PERMITTED  UNDER THE NEW YORK STATE GOOD CAUSE EVICTION LAW
 THAT YOUR LANDLORD IS NOT RENEWING YOUR LEASE. EVEN IF YOUR APARTMENT IS
 NOT PROTECTED BY ARTICLE 6-A, KNOWN AS THE NEW  YORK  STATE  GOOD  CAUSE
 EVICTION  LAW,  YOU  MAY  HAVE OTHER RIGHTS UNDER OTHER LOCAL, STATE, OR
 FEDERAL LAWS  AND  REGULATIONS  CONCERNING  RENTS  AND  EVICTIONS.  THIS
 NOTICE,  WHICH  YOUR  LANDLORD  IS REQUIRED TO FILL OUT AND GIVE TO YOU,
 DOES NOT CONSTITUTE LEGAL ADVICE. YOU MAY WISH TO CONSULT  A  LAWYER  IF
 YOU  HAVE  ANY QUESTIONS ABOUT YOUR RIGHTS UNDER THE NEW YORK STATE GOOD
 CAUSE EVICTION LAW OR ABOUT THIS NOTICE.
 NOTICE (THIS SHOULD BE FILLED OUT BY YOUR LANDLORD)
 UNIT INFORMATION
 STREET:
 _______________________________________________________________________
 UNIT OR APARTMENT NUMBER:
 _______________________________________________________________________
 CITY/TOWN/VILLAGE:
 _______________________________________________________________________
 STATE:
 _______________________________________________________________________
 ZIP CODE:
 _______________________________________________________________________
 1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY  LAW,  KNOWN
 AS  THE  NEW YORK STATE GOOD CAUSE EVICTION LAW? (PLEASE MARK APPLICABLE
 ANSWER)
 YES ___
 NO ___
 2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A  OF  THE  REAL  PROPERTY  LAW,
 KNOWN  AS  THE  NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT
 FROM THAT LAW?  (PLEASE MARK ALL APPLICABLE EXEMPTIONS)
 A. VILLAGE/TOWN/CITY OUTSIDE OF NEW YORK CITY HAS NOT ADOPTED GOOD CAUSE
 EVICTION UNDER SECTION 213 OF THE REAL PROPERTY LAW ___;
 B. UNIT IS OWNED BY A "SMALL LANDLORD," AS DEFINED IN SUBDIVISION  3  OF
 SECTION 211 OF THE REAL PROPERTY LAW, WHO OWNS NO MORE THAN 10 UNITS FOR
 SMALL  LANDLORDS  LOCATED IN NEW YORK CITY OR THE NUMBER OF UNITS ESTAB-
 LISHED AS THE MAXIMUM AMOUNT A "SMALL LANDLORD" CAN OWN IN THE STATE  BY
 A  LOCAL  LAW  OF  A  VILLAGE,  TOWN, OR CITY, OTHER THAN NEW YORK CITY,
 ADOPTING THE PROVISIONS OF ARTICLE 6-A OF THE REAL PROPERTY  LAW,  KNOWN
 AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, OR NO MORE THAN 10 UNITS,
 AS  APPLICABLE.  IN CONNECTION WITH ANY EVICTION PROCEEDING IN WHICH THE
 LANDLORD CLAIMS AN EXEMPTION FROM THE PROVISIONS OF ARTICLE 6-A  OF  THE
 REAL  PROPERTY LAW, KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW,
 ON THE BASIS OF BEING A SMALL LANDLORD, THE LANDLORD  SHALL  PROVIDE  TO
 S. 8306--C                         117                        A. 8806--C
 
 THE TENANT OR TENANTS SUBJECT TO THE PROCEEDING THE NAME OF EACH NATURAL
 PERSON  WHO OWNS OR IS A BENEFICIAL OWNER OF, DIRECTLY OR INDIRECTLY, IN
 WHOLE OR IN PART, THE HOUSING ACCOMMODATION AT ISSUE IN THE  PROCEEDING,
 THE  NUMBER  OF UNITS OWNED, JOINTLY OR SEPARATELY, BY EACH SUCH NATURAL
 PERSON OWNER, AND THE  ADDRESSES  OF  ANY  SUCH  UNITS,  EXCLUDING  EACH
 NATURAL  PERSON OWNER'S PRINCIPAL RESIDENCE. IF THE LANDLORD IS AN ENTI-
 TY, ORGANIZED UNDER THE LAWS OF THIS STATE OR OF ANY OTHER JURISDICTION,
 THEN SUCH LANDLORD SHALL PROVIDE TO THE TENANT OR TENANTS SUBJECT TO THE
 PROCEEDING THE NAME OF EACH NATURAL PERSON WITH  A  DIRECT  OR  INDIRECT
 OWNERSHIP  INTEREST  IN SUCH ENTITY OR ANY AFFILIATED ENTITY, THE NUMBER
 OF UNITS OWNED, JOINTLY OR  SEPARATELY,  BY  EACH  SUCH  NATURAL  PERSON
 OWNER,  AND  THE  ADDRESSES  OF  ANY  SUCH UNITS, EXCLUDING EACH NATURAL
 PERSON OWNER'S PRINCIPAL RESIDENCE (EXEMPTION  UNDER  SUBDIVISION  1  OF
 SECTION 214 OF THE REAL PROPERTY LAW) ___;
 C.  UNIT  IS  LOCATED IN AN OWNER-OCCUPIED HOUSING ACCOMMODATION WITH NO
 MORE THAN 10 UNITS (EXEMPTION UNDER SUBDIVISION 2 OF SECTION 214 OF  THE
 REAL PROPERTY LAW) ___;
 D.  UNIT  IS  SUBJECT  TO  REGULATION  OF RENTS OR EVICTIONS PURSUANT TO
 LOCAL, STATE, OR FEDERAL LAW (EXEMPTION UNDER SUBDIVISION 5  OF  SECTION
 214 OF THE REAL PROPERTY LAW)___;
 E.  UNIT MUST BE AFFORDABLE TO TENANTS AT A SPECIFIC INCOME LEVEL PURSU-
 ANT TO STATUTE, REGULATION, RESTRICTIVE DECLARATION, OR  PURSUANT  TO  A
 REGULATORY  AGREEMENT  WITH A LOCAL, STATE, OR FEDERAL GOVERNMENT ENTITY
 (EXEMPTION UNDER SUBDIVISION 6 OF SECTION 214 OF THE REAL PROPERTY  LAW)
 ___;
 F.  UNIT  IS ON OR WITHIN A HOUSING ACCOMMODATION OWNED AS A CONDOMINIUM
 OR COOPERATIVE, OR UNIT IS ON OR WITHIN A HOUSING ACCOMMODATION  SUBJECT
 TO  AN  OFFERING  PLAN  SUBMITTED  TO THE OFFICE OF THE ATTORNEY GENERAL
 (EXEMPTION UNDER SUBDIVISION 7 OF SECTION 214 OF THE REAL PROPERTY  LAW)
 ___;
 G.  UNIT  IS  IN  A HOUSING ACCOMMODATION THAT WAS ISSUED A TEMPORARY OR
 PERMANENT CERTIFICATE OF OCCUPANCY WITHIN THE PAST  30  YEARS  (ONLY  IF
 BUILDING  RECEIVED  THE  CERTIFICATE  ON  OR  AFTER  JANUARY  1ST, 2009)
 (EXEMPTION UNDER SUBDIVISION 8 OF SECTION 214 OF THE REAL PROPERTY  LAW)
 ___;
 H.  UNIT  IS  A SEASONAL USE DWELLING UNIT UNDER SUBDIVISIONS 4 AND 5 OF
 SECTION 7-108 OF THE GENERAL OBLIGATIONS LAW (EXEMPTION  UNDER  SUBDIVI-
 SION 9 OF SECTION 214 OF THE REAL PROPERTY LAW) ___;
 I.  UNIT IS IN A HOSPITAL AS DEFINED IN SUBDIVISION 1 OF SECTION 2801 OF
 THE PUBLIC HEALTH LAW, CONTINUING  CARE  RETIREMENT  COMMUNITY  LICENSED
 PURSUANT TO ARTICLE 46 OR 46-A OF THE PUBLIC HEALTH LAW, ASSISTED LIVING
 RESIDENCE  LICENSED  PURSUANT  TO ARTICLE 46-B OF THE PUBLIC HEALTH LAW,
 ADULT CARE FACILITY  LICENSED  PURSUANT  TO  ARTICLE  7  OF  THE  SOCIAL
 SERVICES  LAW, SENIOR RESIDENTIAL COMMUNITY THAT HAS SUBMITTED AN OFFER-
 ING PLAN TO THE ATTORNEY GENERAL, OR NOT-FOR-PROFIT INDEPENDENT  RETIRE-
 MENT  COMMUNITY  THAT  OFFERS PERSONAL EMERGENCY RESPONSE, HOUSEKEEPING,
 TRANSPORTATION AND MEALS TO THEIR RESIDENTS (EXEMPTION UNDER SUBDIVISION
 10 OF SECTION 214 OF THE REAL PROPERTY LAW) ___;
 J. UNIT IS A MANUFACTURED HOME LOCATED ON OR IN A MANUFACTURED HOME PARK
 AS DEFINED IN SECTION 233 OF THE  REAL  PROPERTY  LAW  (EXEMPTION  UNDER
 SUBDIVISION 11 OF SECTION 214 OF THE REAL PROPERTY LAW) ___;
 K. UNIT IS A HOTEL ROOM OR OTHER TRANSIENT USE COVERED BY THE DEFINITION
 OF  A  CLASS B MULTIPLE DWELLING UNDER SUBDIVISION 9 OF SECTION 4 OF THE
 MULTIPLE DWELLING LAW (EXEMPTION UNDER SUBDIVISION 12 OF SECTION 214  OF
 THE REAL PROPERTY LAW) ___;
 S. 8306--C                         118                        A. 8806--C
 
 L.  UNIT  IS  A DORMITORY OWNED AND OPERATED BY AN INSTITUTION OF HIGHER
 EDUCATION OR A SCHOOL (EXEMPTION UNDER SUBDIVISION 13 OF SECTION 214  OF
 THE REAL PROPERTY LAW) ___;
 M.  UNIT  IS  WITHIN  AND FOR USE BY A RELIGIOUS FACILITY OR INSTITUTION
 (EXEMPTION UNDER SUBDIVISION 14 OF SECTION 214 OF THE REAL PROPERTY LAW)
 ___;
 N. UNIT HAS A MONTHLY RENT THAT IS GREATER  THAN  THE  PERCENT  OF  FAIR
 MARKET  RENT  ESTABLISHED  IN  A  LOCAL LAW OF A VILLAGE, TOWN, OR CITY,
 OTHER THAN NEW YORK CITY, ADOPTING THE PROVISIONS OF ARTICLE 6-A OF  THE
 REAL PROPERTY LAW, KNOWN AS THE NEW YORK GOOD CAUSE EVICTION LAW, OR 245
 PERCENT  OF THE FAIR MARKET RENT, AS APPLICABLE. FAIR MARKET RENT REFERS
 TO THE FIGURE PUBLISHED BY THE UNITED STATES DEPARTMENT OF  HOUSING  AND
 URBAN  DEVELOPMENT, FOR THE COUNTY IN WHICH THE HOUSING ACCOMMODATION IS
 LOCATED, AS SHALL BE PUBLISHED BY THE DIVISION OF HOUSING AND  COMMUNITY
 RENEWAL  NO  LATER  THAN  AUGUST  1ST IN ANY GIVEN YEAR. THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL SHALL PUBLISH THE FAIR MARKET RENT AND 245
 PERCENT OF THE FAIR MARKET RENT FOR EACH UNIT TYPE FOR WHICH  SUCH  FAIR
 MARKET  RENT IS PUBLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND
 URBAN DEVELOPMENT FOR EACH COUNTY IN NEW YORK STATE IN THE ANNUAL PUBLI-
 CATION REQUIRED PURSUANT TO SUBDIVISION 7 OF SECTION  211  OF  THE  REAL
 PROPERTY  LAW (EXEMPTION UNDER SUBDIVISION 15 OF SECTION 214 OF THE REAL
 PROPERTY LAW) ___;
 3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A  OF  THE  REAL  PROPERTY  LAW,
 KNOWN  AS  THE  NEW  YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE
 SERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE
 THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE
 LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR
 PRESUMPTIVELY UNREASONABLE RENT INCREASES? (A RENT INCREASE IS  PRESUMP-
 TIVELY  UNREASONABLE IF THE INCREASE FROM THE PRIOR RENT IS GREATER THAN
 THE LOWER OF: (A) 5 PERCENT PLUS THE ANNUAL  PERCENTAGE  CHANGE  IN  THE
 CONSUMER  PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED
 BY THE UNITED STATES BUREAU OF LABOR STATISTICS FOR THE REGION IN  WHICH
 THE HOUSING ACCOMMODATION IS LOCATED, AS PUBLISHED NOT LATER THAN AUGUST
 1ST  OF  EACH  YEAR BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL; OR
 (B) 10 PERCENT.)  (PLEASE MARK AND FILL OUT THE APPLICABLE RESPONSE)
 A. THE RENT IS NOT BEING INCREASED ABOVE THE THRESHOLD FOR PRESUMPTIVELY
 UNREASONABLE RENT INCREASES DESCRIBED ABOVE: ___;
 B. THE RENT IS BEING INCREASED ABOVE  THE  THRESHOLD  FOR  PRESUMPTIVELY
 UNREASONABLE RENT INCREASES DESCRIBED ABOVE: ___;
 B-1: IF THE RENT IS BEING INCREASED ABOVE THE THRESHOLD FOR PRESUMPTIVE-
 LY  UNREASONABLE  RENT INCREASES DESCRIBED ABOVE, WHAT IS THE JUSTIFICA-
 TION FOR THE INCREASE:
 _________________________________________________________________________
 _________________________________________________________________________
 _________________________________________________________________________
 _________________________________________________________________________
 4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A  OF  THE  REAL  PROPERTY  LAW,
 KNOWN  AS  THE  NEW  YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE
 SERVES TO INFORM A TENANT THAT THE LANDLORD IS  NOT  RENEWING  A  LEASE,
 WHAT  IS  THE  GOOD  CAUSE  FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL
 APPLICABLE REASONS)
 A. THIS UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW,  KNOWN
 AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, FOR THE REASONS STATED IN
 RESPONSE  TO  QUESTION  2,  ABOVE  (IF  THIS ANSWER IS CHECKED, NO OTHER
 ANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___;
 S. 8306--C                         119                        A. 8806--C
 
 B. THE TENANT IS RECEIVING THIS NOTICE IN CONNECTION WITH A FIRST  LEASE
 OR  A  RENEWAL  LEASE, SO THE LANDLORD DOES NOT NEED TO CHECK ANY OF THE
 LAWFUL REASONS LISTED BELOW FOR NOT RENEWING A LEASE UNDER  ARTICLE  6-A
 OF  THE  REAL  PROPERTY  LAW,  KNOWN  AS  THE  NEW YORK STATE GOOD CAUSE
 EVICTION  LAW (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS QUES-
 TION SHOULD BE CHECKED) ___;
 C. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE UNIT IS SUBLET AND
 THE SUBLESSOR SEEKS IN GOOD FAITH TO RECOVER POSSESSION OF THE UNIT  FOR
 THEIR  OWN  PERSONAL USE AND OCCUPANCY (EXEMPTION UNDER SUBDIVISION 3 OF
 SECTION 214 OF THE REAL PROPERTY LAW): ___;
 D. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE POSSESSION, USE OR
 OCCUPANCY OF THE UNIT IS SOLELY INCIDENT TO EMPLOYMENT AND  THE  EMPLOY-
 MENT  IS BEING OR HAS BEEN LAWFULLY TERMINATED (EXEMPTION UNDER SUBDIVI-
 SION 4 OF SECTION 214 OF THE REAL PROPERTY LAW): ___;
 E. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT HAS  FAILED
 TO PAY RENT DUE AND OWING, AND THE RENT DUE OR OWING, OR ANY PART THERE-
 OF,  DID  NOT  RESULT FROM A RENT INCREASE WHICH IS UNREASONABLE. A RENT
 INCREASE IS PRESUMPTIVELY UNREASONABLE IF THE INCREASE  FROM  THE  PRIOR
 RENT  IS  GREATER  THAN  THE  LOWER  OF:  (A)  5 PERCENT PLUS THE ANNUAL
 PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR  ALL  URBAN  CONSUMERS
 FOR  ALL ITEMS AS PUBLISHED BY THE UNITED STATES BUREAU OF LABOR STATIS-
 TICS FOR THE REGION IN WHICH THE HOUSING ACCOMMODATION  IS  LOCATED,  AS
 PUBLISHED  NOT  LATER  THAN  AUGUST  1ST OF EACH YEAR BY THE DIVISION OF
 HOUSING AND COMMUNITY  RENEWAL;  OR  (B)  10  PERCENT  (GOOD  CAUSE  FOR
 EVICTION  UNDER  PARAGRAPH A OF SUBDIVISION 1 OF SECTION 216 OF THE REAL
 PROPERTY LAW): ___;
 F. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT IS  VIOLAT-
 ING  A  SUBSTANTIAL  OBLIGATION OF THEIR TENANCY OR BREACHING ANY OF THE
 LANDLORD'S RULES AND REGULATIONS GOVERNING THE PREMISES, OTHER THAN  THE
 OBLIGATION  TO  SURRENDER POSSESSION OF THE PREMISES, AND THE TENANT HAS
 FAILED TO CURE THE VIOLATION AFTER WRITTEN  NOTICE  THAT  THE  VIOLATION
 MUST  CEASE  WITHIN  10  DAYS OF RECEIPT OF THE WRITTEN NOTICE. FOR THIS
 GOOD CAUSE TO APPLY, THE OBLIGATION THE TENANT  VIOLATED  CANNOT  BE  AN
 OBLIGATION  THAT WAS IMPOSED FOR THE PURPOSE OF CIRCUMVENTING THE INTENT
 OF ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN AS  THE  NEW  YORK  STATE
 GOOD  CAUSE  EVICTION  LAW. THE LANDLORD'S RULES OR REGULATIONS THAT THE
 TENANT HAS VIOLATED ALSO MUST BE REASONABLE AND HAVE  BEEN  ACCEPTED  IN
 WRITING  BY  THE  TENANT OR MADE A PART OF THE LEASE AT THE BEGINNING OF
 THE LEASE TERM (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH B OF SUBDIVISION
 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___;
 G. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT  IS  EITHER
 (A) COMMITTING OR PERMITTING A NUISANCE ON THE UNIT OR THE PREMISES; (B)
 MALICIOUSLY  OR  GROSSLY  NEGLIGENTLY  CAUSING SUBSTANTIAL DAMAGE TO THE
 UNIT OR THE PREMISES;  (C)  INTERFERING  WITH  THE  LANDLORD'S,  ANOTHER
 TENANT'S,  OR  OCCUPANTS  OF  THE SAME OR AN ADJACENT BUILDING OR STRUC-
 TURE'S COMFORT AND SAFETY (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH C  OF
 SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___;
 H. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT'S OCCUPANCY
 OF  THE UNIT VIOLATES LAW AND THE LANDLORD IS SUBJECT TO CIVIL OR CRIMI-
 NAL PENALTIES FOR CONTINUING TO LET THE TENANT OCCUPY THE UNIT. FOR THIS
 GOOD CAUSE TO APPLY, A STATE OR  MUNICIPAL  AGENCY  HAVING  JURISDICTION
 MUST  HAVE  ISSUED  AN ORDER REQUIRING THE TENANT TO VACATE THE UNIT. NO
 TENANT SHALL BE REMOVED FROM POSSESSION OF A UNIT ON THIS  BASIS  UNLESS
 THE  COURT  FINDS  THAT  THE  CURE  OF THE VIOLATION OF LAW REQUIRES THE
 REMOVAL OF THE TENANT AND THAT THE LANDLORD DID NOT, THROUGH NEGLECT  OR
 DELIBERATE  ACTION OR FAILURE TO ACT, CREATE THE CONDITION NECESSITATING
 S. 8306--C                         120                        A. 8806--C

 THE VACATE ORDER. IF THE LANDLORD DOES NOT TRY TO  CURE  THE  CONDITIONS
 CAUSING  THE  VIOLATION  OF  THE LAW, THE TENANT HAS THE RIGHT TO PAY OR
 SECURE PAYMENT, IN A MANNER SATISFACTORY  TO  THE  COURT,  TO  CURE  THE
 VIOLATION.  ANY  TENANT  EXPENDITURES  TO  CURE  THE  VIOLATION SHALL BE
 APPLIED AGAINST RENT OWED TO THE LANDLORD. EVEN IF REMOVAL OF  A  TENANT
 IS  ABSOLUTELY  ESSENTIAL  TO THE TENANT'S HEALTH AND SAFETY, THE TENANT
 SHALL BE ENTITLED TO RESUME POSSESSION AT SUCH  TIME  AS  THE  DANGEROUS
 CONDITIONS  HAVE  BEEN  REMOVED.    THE TENANT ALSO RETAINS THE RIGHT TO
 BRING AN ACTION FOR MONETARY DAMAGES AGAINST THE LANDLORD OR  TO  OTHER-
 WISE  COMPEL THE LANDLORD TO COMPLY WITH ALL APPLICABLE STATE OR MUNICI-
 PAL HOUSING CODES (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH D OF SUBDIVI-
 SION 1 OF SECTION 216 OF THE REAL PROPERTY LAW):  ___;
 I. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT IS USING OR
 PERMITTING THE UNIT OR PREMISES TO BE USED FOR AN ILLEGAL PURPOSE  (GOOD
 CAUSE  FOR EVICTION UNDER PARAGRAPH E OF SUBDIVISION 1 OF SECTION 216 OF
 THE REAL PROPERTY LAW): ___;
 J. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT HAS  UNREA-
 SONABLY  REFUSED  THE  LANDLORD  ACCESS  TO THE UNIT FOR THE PURPOSES OF
 MAKING NECESSARY REPAIRS OR IMPROVEMENTS REQUIRED  BY  LAW  OR  FOR  THE
 PURPOSES  OF SHOWING THE PREMISES TO A PROSPECTIVE PURCHASER, MORTGAGEE,
 OR OTHER PERSON WITH A LEGITIMATE INTEREST IN THE PREMISES  (GOOD  CAUSE
 FOR  EVICTION  UNDER  PARAGRAPH F OF SUBDIVISION 1 OF SECTION 216 OF THE
 REAL PROPERTY LAW): ___;
 K. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE LANDLORD SEEKS  IN
 GOOD FAITH TO RECOVER POSSESSION OF THE UNIT FOR THE LANDLORD'S PERSONAL
 USE  AND  OCCUPANCY  AS  THE  LANDLORD'S PRINCIPAL RESIDENCE, OR FOR THE
 PERSONAL USE AND OCCUPANCY AS A PRINCIPAL RESIDENCE  BY  THE  LANDLORD'S
 SPOUSE,   DOMESTIC   PARTNER,  CHILD,  STEPCHILD,  PARENT,  STEP-PARENT,
 SIBLING, GRANDPARENT, GRANDCHILD, PARENT-IN-LAW, OR SIBLING-IN-LAW.  THE
 LANDLORD  CAN  ONLY  RECOVER  THE UNIT FOR THESE PURPOSES IF THERE IS NO
 OTHER SUITABLE HOUSING ACCOMMODATION IN THE BUILDING THAT IS  AVAILABLE.
 UNDER  NO  CIRCUMSTANCES  CAN  THE  LANDLORD  RECOVER THE UNIT FOR THESE
 PURPOSES IF THE TENANT IS (A) 65 YEARS OLD OR OLDER; OR (B) A  "DISABLED
 PERSON"  AS DEFINED IN SUBDIVISION 6 OF SECTION 211 OF THE REAL PROPERTY
 LAW. TO ESTABLISH THIS GOOD CAUSE IN AN EVICTION PROCEEDING,  THE  LAND-
 LORD MUST ESTABLISH GOOD FAITH TO RECOVER POSSESSION OF A HOUSING ACCOM-
 MODATION  FOR THE USES DESCRIBED HEREIN BY CLEAR AND CONVINCING EVIDENCE
 (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH G OF SUBDIVISION 1  OF  SECTION
 216 OF THE REAL PROPERTY LAW):  ___;
 L.  THE  LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE LANDLORD IN GOOD
 FAITH SEEKS TO DEMOLISH THE HOUSING  ACCOMMODATION.  TO  ESTABLISH  THIS
 GOOD  CAUSE  IN AN EVICTION PROCEEDING, THE LANDLORD MUST ESTABLISH GOOD
 FAITH TO DEMOLISH THE HOUSING  ACCOMMODATION  BY  CLEAR  AND  CONVINCING
 EVIDENCE  (GOOD CAUSE FOR EVICTION UNDER PARAGRAPH H OF SUBDIVISION 1 OF
 SECTION 216 OF THE REAL PROPERTY LAW): ___;
 M. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE LANDLORD SEEKS  IN
 GOOD  FAITH  TO  WITHDRAW  THE  UNIT  FROM THE HOUSING RENTAL MARKET. TO
 ESTABLISH THIS GOOD CAUSE IN AN EVICTION PROCEEDING, THE  LANDLORD  MUST
 ESTABLISH GOOD FAITH TO WITHDRAW THE UNIT FROM THE RENTAL HOUSING MARKET
 BY  CLEAR  AND  CONVINCING EVIDENCE (GOOD CAUSE FOR EVICTION UNDER PARA-
 GRAPH I OF SUBDIVISION 1 OF SECTION 216 OF THE REAL PROPERTY LAW): ___;
 N. THE LANDLORD IS NOT RENEWING THE LEASE BECAUSE THE TENANT HAS  FAILED
 TO  AGREE  TO  REASONABLE CHANGES AT LEASE RENEWAL, INCLUDING REASONABLE
 INCREASES IN RENT, AND THE LANDLORD GAVE WRITTEN NOTICE OF  THE  CHANGES
 TO  THE  LEASE TO THE TENANT AT LEAST 30 DAYS, BUT NO MORE THAN 90 DAYS,
 BEFORE THE CURRENT LEASE  EXPIRED.  A  RENT  INCREASE  IS  PRESUMPTIVELY
 S. 8306--C                         121                        A. 8806--C
 
 UNREASONABLE  IF  THE  INCREASE  FROM THE PRIOR RENT IS GREATER THAN THE
 LOWER OF: (A) 5 PERCENT PLUS THE ANNUAL PERCENTAGE CHANGE IN THE CONSUM-
 ER PRICE INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED BY THE
 UNITED  STATES  BUREAU  OF  LABOR STATISTICS FOR THE REGION IN WHICH THE
 HOUSING ACCOMMODATION IS LOCATED, AS PUBLISHED BY  AUGUST  1ST  OF  EACH
 YEAR BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL; OR (B) 10 PERCENT
 (GOOD  CAUSE  FOR EVICTION UNDER PARAGRAPH J OF SUBDIVISION 1 OF SECTION
 216 OF THE REAL PROPERTY LAW):___.
   § 4. Subdivision 2 of section 711 of the  real  property  actions  and
 proceedings law, as amended by section 12 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   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.   THE FOURTEEN-DAY NOTICE SHALL
 APPEND OR CONTAIN THE NOTICE REQUIRED PURSUANT TO  SECTION  TWO  HUNDRED
 THIRTY-ONE-C  OF THE REAL PROPERTY LAW, WHICH SHALL STATE THE FOLLOWING:
 (I) IF THE PREMISES ARE OR ARE NOT SUBJECT TO ARTICLE SIX-A OF THE  REAL
 PROPERTY  LAW,  THE  "GOOD  CAUSE EVICTION LAW", AND IF THE PREMISES ARE
 EXEMPT, SUCH NOTICE SHALL STATE WHY THE PREMISES ARE  EXEMPT  FROM  SUCH
 LAW;  (II)  IF THE LANDLORD IS NOT RENEWING THE LEASE FOR A UNIT SUBJECT
 TO ARTICLE SIX-A OF THE REAL PROPERTY LAW, THE  LAWFUL  BASIS  FOR  SUCH
 NON-RENEWAL;  AND  (III)  IF THE LANDLORD IS INCREASING THE RENT UPON AN
 EXISTING LEASE OF A UNIT SUBJECT TO ARTICLE SIX-A OF THE  REAL  PROPERTY
 LAW  ABOVE THE APPLICABLE LOCAL RENT STANDARD, AS DEFINED IN SUBDIVISION
 EIGHT OF SECTION TWO HUNDRED ELEVEN OF THE REAL PROPERTY LAW, THE JUSTI-
 FICATION FOR SUCH INCREASE. Any  person  succeeding  to  the  landlord's
 interest in the premises may proceed under this subdivision for rent due
 [his]  SUCH PERSON'S predecessor in interest if [he has] SUCH PERSON HAS
 a right thereto. Where a tenant dies during the term of  the  lease  and
 rent  due  has  not  been paid and the apartment is occupied by a person
 with a claim to possession, a proceeding may  be  commenced  naming  the
 occupants of the apartment seeking a possessory judgment only as against
 the  estate.  Entry of such a judgment shall be without prejudice to the
 possessory claims of the occupants, and any warrant issued shall not  be
 effective as against the occupants.
   §  5.  Section 741 of the real property actions and proceedings law is
 amended by adding two new subdivisions 5-a and 5-b to read as follows:
   5-A.  APPEND OR INCORPORATE THE NOTICE REQUIRED  PURSUANT  TO  SECTION
 TWO HUNDRED THIRTY-ONE-C OF THE REAL PROPERTY LAW, WHICH SHALL STATE THE
 FOLLOWING:   (I) IF THE PREMISES ARE OR ARE NOT SUBJECT TO ARTICLE SIX-A
 OF THE REAL PROPERTY LAW, THE "GOOD CAUSE  EVICTION  LAW",  AND  IF  THE
 PREMISES  ARE  EXEMPT,  SUCH  PETITION  SHALL STATE WHY THE PREMISES ARE
 EXEMPT FROM SUCH LAW; (II) IF THE LANDLORD IS NOT RENEWING THE LEASE FOR
 A UNIT SUBJECT TO ARTICLE SIX-A OF THE REAL  PROPERTY  LAW,  THE  LAWFUL
 BASIS  FOR SUCH NON-RENEWAL; AND (III) IF THE LANDLORD IS INCREASING THE
 RENT UPON AN EXISTING LEASE OF A UNIT SUBJECT TO ARTICLE  SIX-A  OF  THE
 REAL  PROPERTY  LAW ABOVE THE APPLICABLE LOCAL RENT STANDARD, AS DEFINED
 IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THE REAL  PROPERTY
 LAW, THE JUSTIFICATION FOR SUCH INCREASE.
   5-B. IF THE PETITIONER CLAIMS EXEMPTION FROM THE PROVISIONS OF ARTICLE
 SIX-A  OF  THE  REAL PROPERTY LAW PURSUANT TO SUBDIVISION ONE OF SECTION
 TWO HUNDRED FOURTEEN OF THE REAL PROPERTY LAW, APPEND OR INCORPORATE THE
 S. 8306--C                         122                        A. 8806--C
 
 INFORMATION REQUIRED PURSUANT TO SUBDIVISION ONE OF SECTION TWO  HUNDRED
 FOURTEEN OF THE REAL PROPERTY LAW.
   § 6. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 7. This act shall take effect immediately and shall apply to actions
 and  proceedings  commenced  on  or after such effective date; provided,
 however, that:
   (a) sections two, three, four, and five of this act shall take  effect
 on the one hundred twentieth day after this act shall have become a law;
   (b) this act shall expire and be deemed repealed on June 15, 2034; and
   (c)  any  local law as may be enacted pursuant to subdivision 1 of 213
 of article 6-A of the real property law established by  section  one  of
 this act shall remain in full force and effect only until June 15, 2034.
   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
 date.
 
                                  PART II
 
   Section  1.  The opening paragraph of section 711 of the real property
 actions and proceedings law, as amended by section 12 of part M of chap-
 ter 36 of the laws of 2019, is amended to read as follows:
   A tenant shall include an occupant of one or more rooms in  a  rooming
 house  or a resident, not including a transient occupant, of one or more
 rooms in a hotel who has been in possession for thirty consecutive  days
 or  longer.  A TENANT SHALL NOT INCLUDE A SQUATTER.  FOR THE PURPOSES OF
 THIS SECTION, A SQUATTER IS A PERSON WHO ENTERS ONTO  OR  INTRUDES  UPON
 REAL   PROPERTY  WITHOUT  THE  PERMISSION  OF  THE  PERSON  ENTITLED  TO
 POSSESSION, AND CONTINUES TO OCCUPY THE PROPERTY WITHOUT TITLE, RIGHT OR
 PERMISSION OF THE OWNER  OR  OWNER'S  AGENT  OR  A  PERSON  ENTITLED  TO
 POSSESSION.  IN THE EVENT OF A CONFLICT BETWEEN THE PROVISIONS REGARDING
 SQUATTERS OF THIS SECTION AND THE PROVISIONS  OF  SUBDIVISION  THREE  OF
 SECTION  SEVEN  HUNDRED  THIRTEEN  OF  THIS  ARTICLE,  THE PROVISIONS OF
 SECTION SEVEN HUNDRED THIRTEEN OF THIS ARTICLE SHALL BE CONTROLLING.  No
 tenant  or  lawful occupant of a dwelling or housing accommodation shall
 be removed from possession except in a  special  proceeding.  A  special
 proceeding  may  be  maintained  under  this  article upon the following
 grounds:
   § 2. This act shall take effect immediately.
 
                                  PART JJ
 
   Section 1. Section 421-a of the real property tax law  is  amended  by
 adding a new subdivision 18 to read as follows:
   18. (A) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "AGENCY"  SHALL HAVE THE SAME MEANING AS IN SUBPARAGRAPH (XVI) OF
 PARAGRAPH (A) OF SUBDIVISION SIXTEEN OF THIS SECTION.
   (II) "AUDIT" SHALL MEAN ANY AUDIT OF AN ELIGIBLE PROPERTY PERFORMED BY
 THE AGENCY UNDER THE PROGRAM CREATED BY THE AGENCY PURSUANT TO PARAGRAPH
 (B) OF THIS SUBDIVISION.
 S. 8306--C                         123                        A. 8806--C

   (III) "ELIGIBLE PROPERTY" SHALL MEAN ANY  ELIGIBLE  MULTIPLE  DWELLING
 THAT  WAS GRANTED BENEFITS UNDER THE AFFORDABLE NEW YORK HOUSING PROGRAM
 PURSUANT TO THIS SECTION, AND ANY PREVIOUS ITERATION OF SUCH TAX BENEFIT
 PROGRAM, ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  FOURTEEN,  AND  WAS
 SUBJECT  TO  RENT REGISTRATION, AFFORDABILITY, AND/OR RENT STABILIZATION
 REQUIREMENTS PURSUANT TO THIS SECTION ON OR  AFTER  JANUARY  FIRST,  TWO
 THOUSAND FOURTEEN.
   (B)  THE  AGENCY  SHALL  CREATE A PROGRAM TO ANNUALLY AUDIT AND REVIEW
 ELIGIBLE PROPERTIES TO CONFIRM THAT OWNERS OF  ELIGIBLE  PROPERTIES  ARE
 COMPLYING WITH THE RENT REGISTRATION, AFFORDABILITY, AND RENT STABILIZA-
 TION  REQUIREMENTS  OF  THE  APPLICABLE SUBDIVISION OF THIS SECTION. ANY
 OWNER OF AN ELIGIBLE PROPERTY SUBJECT TO AN AUDIT SHALL PROVIDE ANY  AND
 ALL  INFORMATION, DATA, OR DOCUMENTATION WITHIN SUCH OWNER'S OR AN AGENT
 OF SUCH OWNER'S REASONABLE POSSESSION OR CONTROL TO THE AGENCY WHICH THE
 AGENCY REQUESTS, IN SUCH FORM OR MANNER AS THE AGENCY REQUESTS, IN ORDER
 TO COMPLETE AN AUDIT. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL  AND
 THE  NEW YORK CITY DEPARTMENT OF FINANCE SHALL COOPERATE WITH THE AGENCY
 TO PROVIDE SUCH  INFORMATION  WITHIN  THEIR  REASONABLE  POSSESSION  AND
 CONTROL  TO THE AGENCY AS THE AGENCY MAY REQUEST, IN SUCH FORM OR MANNER
 AS THE AGENCY REQUESTS, TO CARRY OUT AN AUDIT. THE INITIAL  AUDIT  SHALL
 BE  COMPLETED  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-
 FIVE. THE AGENCY SHALL PUBLISH THE RESULTS OF THE AUDIT ANNUALLY  ON  OR
 BEFORE  DECEMBER  THIRTY-FIRST  AND  SHALL MAKE THE RESULTS OF ANY AUDIT
 PUBLICLY AVAILABLE ON THE AGENCY'S WEBSITE.  NO  MORE  THAN  TWENTY-FIVE
 PERCENT  OF  ELIGIBLE PROPERTIES SHALL BE SUBJECT TO AN AUDIT EACH YEAR,
 AND NO ELIGIBLE PROPERTY SHALL BE SUBJECT TO AN AUDIT IN TWO CONSECUTIVE
 AUDITS. THE AGENCY SHALL  SELECT  PROPERTIES  FOR  AN  AUDIT  THROUGH  A
 RANDOMIZED PROCESS TO BE ESTABLISHED AND IMPLEMENTED BY THE AGENCY. ONLY
 ELIGIBLE  PROPERTIES THAT RECEIVED BENEFITS AND WERE SUBJECT TO AFFORDA-
 BILITY, RENT STABILIZATION, AND/OR RENT REGISTRATION REQUIREMENTS DURING
 THE PRIOR YEAR SHALL BE CONSIDERED ELIGIBLE.
   (C) (I) IF AN AUDIT FINDS THAT ANY OWNER OF AN  ELIGIBLE  PROPERTY  IS
 NOT  IN  COMPLIANCE  WITH  THE RENT REGISTRATION, AFFORDABILITY, OR RENT
 STABILIZATION  REQUIREMENTS  OF  THE  APPLICABLE  SUBDIVISION  OF   THIS
 SECTION,  THE  AGENCY  SHALL,  WHERE  NECESSARY FOR ENFORCEMENT, PRESENT
 EVIDENCE OF SUCH NONCOMPLIANCE TO THE DIVISION OF HOUSING AND  COMMUNITY
 RENEWAL  AND  THE NEW YORK CITY DEPARTMENT OF FINANCE OF SUCH NONCOMPLI-
 ANCE NO LATER THAN FIFTEEN DAYS AFTER THE RESULTS OF THE AUDIT HAVE BEEN
 PUBLISHED ON THE AGENCY'S WEBSITE.
   (II) THE AGENCY, THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL,  AND
 THE  NEW  YORK  CITY DEPARTMENT OF FINANCE MAY ENFORCE ANY NONCOMPLIANCE
 WITH  THE  RENT  REGISTRATION,  AFFORDABILITY,  AND  RENT  STABILIZATION
 REQUIREMENTS  OF  THE  APPLICABLE  SUBDIVISION  OF THIS SECTION THAT ARE
 IDENTIFIED PURSUANT TO AN AUDIT AS AUTHORIZED UNDER THIS SECTION OR  ANY
 OTHER LAW, RULE, OR REGULATION.
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1. The private housing finance law is amended by adding a new
 article 32 to read as follows:
                                 ARTICLE 32
     NEW YORK HOUSING FOR THE FUTURE HOMEOWNERSHIP AND RENTAL HOUSING
                                 PROGRAMS
 SECTION 1290. NEW YORK HOUSING FOR THE FUTURE HOMEOWNERSHIP PROGRAM.
   1291. NEW YORK HOUSING FOR THE FUTURE RENTAL HOUSING PROGRAM.
 S. 8306--C                         124                        A. 8806--C
 
   § 1290. NEW YORK HOUSING FOR  THE  FUTURE  HOMEOWNERSHIP  PROGRAM.  1.
 PROGRAM  ESTABLISHMENT.  WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAIL-
 ABLE THEREFOR, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE  HOUS-
 ING  TRUST FUND CORPORATION, OR THE HOUSING FINANCE AGENCY SHALL DEVELOP
 AND  ADMINISTER  A PROGRAM WHICH SHALL PROVIDE ASSISTANCE IN THE FORM OF
 PAYMENTS, GRANTS AND LOANS FOR THE FORMATION OF LIMITED  EQUITY  COOPER-
 ATIVE  HOUSING UTILIZING FUNDING APPROPRIATED FOR SUCH A PURPOSE AS WELL
 AS ANY OTHER FUNDING SOURCE OR SOURCES WHICH THE COMMISSIONER MAY DETER-
 MINE IS SUITABLE TO SUPPORT SUCH A PROGRAM. SUCH PROGRAM MAY UTILIZE ANY
 APPROPRIATE SITE, INCLUDING, BUT NOT  LIMITED  TO,  STATE  OWNED  SITES,
 MUNICIPALLY  OWNED SITES, OR SITES OWNED BY A NOT-FOR-PROFIT CORPORATION
 OR COMMUNITY LAND TRUST FOR THE PURPOSE OF PROVIDING HOUSING PURSUANT TO
 THIS SECTION. REAL PROPERTY MAY BE ACQUIRED BY A  MUNICIPALITY  FOR  THE
 PURPOSE  OF  SUCH PROGRAM AS AUTHORIZED PURSUANT TO SECTION FIVE HUNDRED
 SEVENTY-SIX-A OF THIS CHAPTER, PROVIDED, HOWEVER, THAT ANY  ACQUISITIONS
 OR TRANSFERS UNDERTAKEN TO FURTHER THE GOALS OF THIS ARTICLE PURSUANT TO
 SUCH SECTION SHALL NOT BE REQUIRED TO BE TRANSFERRED TO A HOUSING DEVEL-
 OPMENT  FUND COMPANY INCORPORATED AND ORGANIZED PURSUANT TO SECTION FIVE
 HUNDRED SEVENTY-THREE OF THIS CHAPTER.  SUCH PROGRAM SHALL  PROVIDE  (A)
 HOUSING  FOR  HOUSEHOLDS  WITH  AN  INCOME  UP TO ONE HUNDRED AND THIRTY
 PERCENT OF AREA MEDIAN INCOME AT THE TIME OF PURCHASE, PROVIDED  FURTHER
 THAT  HOUSEHOLDS THAT ARE INITIALLY ELIGIBLE FOR THE PROGRAM AT THE TIME
 OF PURCHASE BUT REALIZE INCOME  GAINS  SUBSEQUENT  TO  PURCHASE  MAY  BE
 REQUIRED TO PAY A SURCHARGE AS DETERMINED BY THE DIVISION OF HOUSING AND
 COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE, (B) A
 PROCESS IN WHICH HOUSEHOLDS SHALL HAVE THE ABILITY TO ACCRUE EQUITY OVER
 TIME, AND (C) THAT HOUSING UNITS CREATED PURSUANT TO THIS SECTION REMAIN
 AFFORDABLE  IN  PERPETUITY. THE COMMISSIONER MAY ALSO ASSIST PROSPECTIVE
 HOMEBUYERS TO IDENTIFY FUNDING SOURCES THAT PROVIDE LOW  INTEREST  LOANS
 TO PROSPECTIVE HOMEBUYERS.
   2.  ADDITIONAL RESPONSIBILITIES. THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL, THE HOUSING TRUST FUND  CORPORATION,  OR  THE  HOUSING  FINANCE
 AGENCY  SHALL HAVE THE POWER TO ISSUE REGULATIONS, PLANS, GUIDANCE DOCU-
 MENTS, OR SET TERMS IN REGULATORY AGREEMENTS TO IMPLEMENT  SUCH  PROGRAM
 AND THE PROCESS FOR:
   (A)  HOMEBUYERS OBTAINING A NEW UNIT WHICH SHALL INCLUDE BOTH CONFIRM-
 ING INCOME QUALIFICATIONS AS WELL AS A RESTRICTION ON THE MAXIMUM AMOUNT
 OF ASSETS ANY QUALIFIED HOMEBUYER MAY HAVE;
   (B) SELLING SHARES IN THE COOPERATIVE IN SUCH A WAY AS THE AFFORDABIL-
 ITY OF THE COOPERATIVE IS MAINTAINED WHILE ALLOWING HOUSEHOLDS  TO  GAIN
 EQUITY OVER TIME;
   (C) PROHIBITING THE USE OF A FIXED PERCENTAGE APPRECIATION CAP FOR THE
 PURPOSES OF DETERMINING AN ALLOWABLE SALES PRICE FOR SHARES IN THE COOP-
 ERATIVE;
   (D)  SELECTING  NEW  HOUSEHOLDS ELIGIBLE TO PURCHASE HOUSING WHICH HAS
 BEEN VACATED BY A PREVIOUS OWNER; AND
   (E) THE CREATION OF BOARDS OF DIRECTORS FOR SUCH LIMITED PROFIT  HOUS-
 ING  COMPANIES  ESTABLISHED  BY THIS CHAPTER, PROVIDED HOWEVER THAT SUCH
 BOARDS SHALL HAVE THE POWERS AND BE SUBJECT TO THE LIMITATIONS CONTAINED
 IN THE NOT-FOR-PROFIT CORPORATION LAW IN THE SAME MANNER AND SUBJECT  TO
 THE SAME EXCEPTIONS AS SET FORTH IN SECTION THIRTEEN-A OF THE THIS CHAP-
 TER.
   3. MANAGEMENT. ALL SUCH HOUSING PROJECTS SHALL BE MANAGED INDEPENDENT-
 LY  OF  THE  RESIDENTS OF THE PROJECT BY A CORPORATION OR NOT-FOR-PROFIT
 CORPORATION DETERMINED QUALIFIED BY THE DIVISION OF HOUSING AND COMMUNI-
 TY RENEWAL OR OTHER SUPERVISING AGENCY, AS THE  CASE  MAY  BE,  PROVIDED
 S. 8306--C                         125                        A. 8806--C
 
 FURTHER  THAT THE BOARD OF THE LIMITED EQUITY COOPERATIVE HOUSING CORPO-
 RATION SHALL HAVE OVERSIGHT OVER SUCH QUALIFIED CORPORATION OR  NOT-FOR-
 PROFIT CORPORATION IN ACCORDANCE WITH STANDARDS OR GUIDELINES SET BY THE
 DIVISION  OF  HOUSING AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY,
 AS THE CASE MAY BE.  ANY REGULATORY AGREEMENT THAT IS EXECUTED FOR  SUCH
 PROGRAM  SHALL  INCLUDE  A  REQUIREMENT  THAT  RESIDENT MAINTENANCE FEES
 INCREASE BY A MINIMUM PERCENTAGE ANNUALLY TO ENSURE  THAT  SUCH  HOUSING
 CONTINUES TO BE IN GOOD REPAIR.
   4.  TAX EXEMPTIONS. HOUSING FOR SUCH PROGRAM SHALL BE ELIGIBLE FOR TAX
 EXEMPTIONS IN THE SAME MANNER AS PROJECTS UNDER ARTICLE ELEVEN  OF  THIS
 CHAPTER.
   5.  WAGE REQUIREMENTS. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO
 THE CONTRARY, ANY PROJECT CONSTRUCTED PURSUANT TO THIS SECTION SHALL  BE
 SUBJECT  TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO
 HUNDRED TWENTY AND TWO HUNDRED TWENTY-B  OF  THE  LABOR  LAW;  PROVIDED,
 HOWEVER,   SUCH  REQUIREMENTS  SHALL  NOT  APPLY  TO  CONSTRUCTION  WORK
 PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING  AGREEMENT  BETWEEN  AN
 OWNER OR DEVELOPER AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
 ORGANIZATION  WHICH  HAS ESTABLISHED ITSELF AND/OR ITS AFFILIATES AS THE
 COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS  WHO  WILL  PERFORM
 WORK  ON  SUCH  A  PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION CAN PERFORM WORK ON SUCH A PROJECT.
   § 1291.  NEW YORK HOUSING FOR THE FUTURE RENTAL  HOUSING  PROGRAM.  1.
 PROGRAM  ESTABLISHMENT.  WITHIN AMOUNTS APPROPRIATED OR OTHERWISE AVAIL-
 ABLE THEREFOR, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE  HOUS-
 ING  TRUST FUND CORPORATION, OR THE HOUSING FINANCE AGENCY SHALL DEVELOP
 AND ADMINISTER A PROGRAM WHICH SHALL PROVIDE ASSISTANCE IN THE  FORM  OF
 PAYMENTS,  GRANTS  AND  LOANS FOR THE FORMATION OF INCOME-LIMITED RENTAL
 HOUSING UTILIZING FUNDING APPROPRIATED FOR SUCH A PURPOSE AS WELL AS ANY
 OTHER FUNDING SOURCE OR SOURCES WHICH THE COMMISSIONER MAY DETERMINE  IS
 SUITABLE  TO SUPPORT SUCH A PROGRAM. SUCH PROGRAM MAY UTILIZE ANY APPRO-
 PRIATE SITE, INCLUDING, BUT NOT LIMITED TO, STATE OWNED  SITES,  MUNICI-
 PALLY  OWNED  SITES,  OR  SITES OWNED BY A NOT-FOR-PROFIT CORPORATION OR
 COMMUNITY LAND TRUST FOR THE PURPOSE OF PROVIDING  HOUSING  PURSUANT  TO
 THIS  SECTION.  REAL  PROPERTY MAY BE ACQUIRED BY A MUNICIPALITY FOR THE
 PURPOSE OF SUCH PROGRAM AS AUTHORIZED PURSUANT TO SECTION  FIVE  HUNDRED
 SEVENTY-SIX-A  OF THIS CHAPTER, PROVIDED, HOWEVER, THAT ANY ACQUISITIONS
 OR TRANSFERS UNDERTAKEN TO FURTHER THE GOALS OF THIS ARTICLE PURSUANT TO
 SUCH SECTION SHALL NOT BE REQUIRED TO BE TRANSFERRED TO A HOUSING DEVEL-
 OPMENT FUND COMPANY INCORPORATED AND ORGANIZED PURSUANT TO SECTION  FIVE
 HUNDRED  SEVENTY-THREE  OF  THIS CHAPTER. SUCH PROGRAM SHALL PROVIDE (A)
 HOUSING FOR HOUSEHOLDS WITH AN INCOME  UP  TO  ONE  HUNDRED  AND  THIRTY
 PERCENT OF AREA MEDIAN INCOME AT THE TIME SUCH HOUSEHOLD INITIALLY OCCU-
 PIES  A UNIT, PROVIDED FURTHER THAT HOUSEHOLDS THAT ARE INITIALLY ELIGI-
 BLE FOR THE PROGRAM AT THE TIME SUCH HOUSEHOLD INITIALLY OCCUPIES A UNIT
 BUT REALIZE INCOME GAINS  SUBSEQUENT  TO  OCCUPYING  SUCH  UNIT  MAY  BE
 REQUIRED TO PAY A SURCHARGE AS DETERMINED BY THE DIVISION OF HOUSING AND
 COMMUNITY  RENEWAL  OR OTHER SUPERVISING AGENCY, AS THE CASE MAY BE, AND
 (B) THAT HOUSING UNITS CREATED PURSUANT TO THIS SECTION REMAIN  AFFORDA-
 BLE IN PERPETUITY.
   2.  ADDITIONAL RESPONSIBILITIES. THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL, THE HOUSING TRUST FUND  CORPORATION,  OR  THE  HOUSING  FINANCE
 AGENCY  SHALL HAVE THE POWER TO ISSUE REGULATIONS, PLANS, GUIDANCE DOCU-
 MENTS, OR SET TERMS IN REGULATORY AGREEMENTS TO IMPLEMENT  SUCH  PROGRAM
 AND  THE  PROCESS  FOR:   (A) RENTERS LEASING A UNIT WHICH SHALL INCLUDE
 S. 8306--C                         126                        A. 8806--C

 BOTH CONFIRMING INCOME QUALIFICATIONS AS WELL AS A  RESTRICTION  ON  THE
 MAXIMUM  AMOUNT  OF  ASSETS ANY QUALIFIED RENTER MAY HAVE; (B) SELECTING
 NEW HOUSEHOLDS ELIGIBLE TO RENT HOUSING WHICH  HAS  BEEN  VACATED  BY  A
 PREVIOUS  RENTER;  AND  (C) THE CREATION OF BOARDS OF DIRECTORS FOR SUCH
 INCOME-LIMITED RENTAL HOUSING COMPANIES  ESTABLISHED  BY  THIS  CHAPTER,
 PROVIDED  HOWEVER  THAT SUCH BOARDS SHALL HAVE THE POWERS AND BE SUBJECT
 TO THE LIMITATIONS CONTAINED IN THE NOT-FOR-PROFIT  CORPORATION  LAW  IN
 THE  SAME  MANNER  AND  SUBJECT  TO  THE SAME EXCEPTIONS AS SET FORTH IN
 SECTION THIRTEEN-A OF THIS CHAPTER.
   3. MANAGEMENT. ALL SUCH INCOME-LIMITED RENTAL HOUSING  PROJECTS  SHALL
 BE  MANAGED  INDEPENDENTLY  OF  THE RESIDENTS OF THE PROJECT BY A CORPO-
 RATION OR NOT-FOR-PROFIT CORPORATION DETERMINED QUALIFIED BY  THE  DIVI-
 SION  OF  HOUSING  AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY, AS
 THE CASE MAY BE, IN ACCORDANCE WITH STANDARDS OR GUIDELINES SET  BY  THE
 DIVISION  OF  HOUSING AND COMMUNITY RENEWAL OR OTHER SUPERVISING AGENCY,
 AS THE CASE MAY BE. ANY REGULATORY AGREEMENT THAT IS EXECUTED  FOR  SUCH
 PROGRAM  SHALL  INCLUDE  A REQUIREMENT THAT RESIDENT RENT INCREASES BY A
 MINIMUM PERCENTAGE ANNUALLY TO ENSURE THAT SUCH HOUSING CONTINUES TO  BE
 IN GOOD REPAIR.
   4.  TAX EXEMPTIONS. HOUSING FOR SUCH PROGRAM SHALL BE ELIGIBLE FOR TAX
 EXEMPTIONS IN THE SAME MANNER AS PROJECTS UNDER ARTICLE ELEVEN  OF  THIS
 CHAPTER.
   5.  WAGE REQUIREMENTS. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO
 THE CONTRARY, ANY PROJECT CONSTRUCTED PURSUANT TO THIS SECTION SHALL  BE
 SUBJECT  TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO
 HUNDRED TWENTY AND TWO HUNDRED TWENTY-B  OF  THE  LABOR  LAW;  PROVIDED,
 HOWEVER,   SUCH  REQUIREMENTS  SHALL  NOT  APPLY  TO  CONSTRUCTION  WORK
 PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING  AGREEMENT  BETWEEN  AN
 OWNER OR DEVELOPER AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR
 ORGANIZATION  WHICH  HAS ESTABLISHED ITSELF AND/OR ITS AFFILIATES AS THE
 COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS  WHO  WILL  PERFORM
 WORK  ON  SUCH  A  PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS AND
 SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR ORGAN-
 IZATION CAN PERFORM WORK ON SUCH A PROJECT.
   § 2. This act shall take effect immediately.
 
                                  PART LL
 
   Section 1. This act shall be known and may be  cited  as  the  "Doctor
 John L. Flateau Voting and Elections Database of New York Act".
   § 2. The election law is amended by adding a new section 3-112 to read
 as follows:
   §  3-112.  STATE  BOARD OF ELECTIONS; UNIFORM STANDARDS FOR PROCESSING
 DATA REQUESTS AND DUTY TO SEND DATA AND INFORMATION TO  STATEWIDE  DATA-
 BASE.  1. FOR THE PURPOSES OF THIS SECTION THE TERM "ELECTION AUTHORITY"
 SHALL MEAN ANY LOCAL GOVERNMENT ENTITY PRIMARILY RESPONSIBLE  FOR  MAIN-
 TAINING  THE  RECORDS LISTED IN THIS SECTION, INCLUDING, BUT NOT LIMITED
 TO, ANY COUNTY OR CITY BOARD OF ELECTIONS, OR ANY  COUNTY,  CITY,  TOWN,
 VILLAGE,  OR  SCHOOL  DISTRICT  THAT  ADMINISTERS THEIR OWN ELECTIONS OR
 MAINTAIN THEIR OWN VOTING AND ELECTION RECORDS.
   1-A. THERE IS HEREBY ESTABLISHED WITHIN THE STATE BOARD  OF  ELECTIONS
 THE  NEW  YORK  VOTING  AND ELECTIONS DATABASE. SUCH DATABASE SHALL BE A
 CENTRAL REPOSITORY OF CERTAIN ELECTIONS AND VOTING DATA AVAILABLE TO THE
 PUBLIC FROM AN ELECTION AUTHORITY IN  THE  STATE.  THE  STATE  BOARD  OF
 ELECTIONS  SHALL  COLLECT,  HOST,  AND  MAINTAIN IN AN ELECTRONIC FORMAT
 S. 8306--C                         127                        A. 8806--C

 RECORDS PROVIDED TO THE  STATE  BOARD  OF  ELECTIONS  PURSUANT  TO  THIS
 SECTION. SUCH RECORDS SHALL BE MAINTAINED FOR AT LEAST TWELVE YEARS.
   1-B. THE STATE BOARD OF ELECTIONS, SHALL PROMULGATE REGULATIONS WITHIN
 ONE  HUNDRED  EIGHTY  DAYS OF THE EFFECTIVE DATE OF THIS SECTION ON DATA
 STANDARDS FOR THE METHOD OF PROCESSING AND TRANSMITTING RECORDS REQUIRED
 TO BE PROVIDED PURSUANT TO THIS SECTION. SUCH DATA STANDARDS PROMULGATED
 BY THE STATE BOARD OF ELECTIONS PURSUANT TO THIS SUBDIVISION SHALL:
   (A) BE CONSISTENT WITH ANY RELEVANT STANDARDS, GUIDELINES, OR GUIDANCE
 DEVELOPED BY THE NATIONAL INSTITUTE OF  STANDARDS  AND  TECHNOLOGY,  THE
 ELECTION  ASSISTANCE COMMISSION, OR THE CYBERSECURITY AND INFRASTRUCTURE
 SECURITY AGENCY; AND
   (B) APPLY TO EVERY ELECTION AUTHORITY IN THE STATE.
   2. UPON THE CERTIFICATION OF ELECTION RESULTS AND  THE  COMPLETION  OF
 THE  VOTER  HISTORY  FILE  AFTER EVERY ELECTION, EACH ELECTION AUTHORITY
 SHALL, BY JANUARY FIRST AFTER SUCH  ELECTION,  OR  WITHIN  TEN  BUSINESS
 DAYS,  WHICHEVER  IS LATER, TRANSMIT TO THE STATE BOARD OF ELECTIONS, IF
 SUCH ELECTION AUTHORITY IS ABLE TO MAINTAIN THE RECORD, COPIES  OF:  (A)
 ELECTION  RESULTS  AT  THE  ELECTION  DISTRICT LEVEL FOR EVERY STATEWIDE
 ELECTION AND EVERY ELECTION IN EVERY POLITICAL SUBDIVISION; (B)  CONTEM-
 PORANEOUS VOTER REGISTRATION LISTS; (C) VOTER HISTORY FILES; (D) MAPS OR
 OTHER  DOCUMENTATION  OF THE CONFIGURATION OF DISTRICTS IN ANY FORMAT OR
 FORMATS AS SPECIFIED BY THE STATE BOARD OF ELECTIONS; (E) TABULATIONS OF
 THE NUMBER OF VALID AND INVALID AFFIDAVIT BALLOTS, THE REASONS FOR WHICH
 AFFIDAVIT BALLOTS WERE INVALID, AND  THE  QUANTITY  AND  DISPOSITION  OF
 AFFIDAVIT  BALLOTS  SUBJECT TO THE CURE PROCEDURE PRESCRIBED BY SUBDIVI-
 SION THREE OF SECTION 9-209 OF THIS  CHAPTER;  (F)  TABULATIONS  OF  THE
 NUMBER  OF  VALID  AND  INVALID  ABSENTEE BALLOTS, THE REASONS FOR WHICH
 ABSENTEE BALLOTS WERE INVALID  AND  THE  QUANTITY  OF  ABSENTEE  BALLOTS
 INVALID FOR EACH SUCH REASON, AND THE QUANTITY AND DISPOSITION OF ABSEN-
 TEE  BALLOTS  SUBJECT  TO  THE  CURE PROCEDURE PRESCRIBED BY SUBDIVISION
 THREE OF SECTION 9-209 OF THIS CHAPTER; (G) LISTS OF ELECTION  DAY  POLL
 SITES  AND  EARLY  VOTING  SITES  AND MAPS OR OTHER DOCUMENTATION OF THE
 CONFIGURATION OF DISTRICTS IN ANY FORMAT OR FORMATS AS SPECIFIED BY  THE
 STATE  BOARD  OF  ELECTIONS  OF  THE ELECTION DISTRICTS ASSIGNED TO EACH
 ELECTION DAY POLL SITE OR EARLY VOTING SITE; (H) ADOPTED DISTRICTING  OR
 REDISTRICTING  PLANS  FOR EVERY ELECTION IN EVERY POLITICAL SUBDIVISION;
 AND (I) ANY OTHER PUBLICLY AVAILABLE DATA  AS  REQUESTED  BY  THE  STATE
 BOARD  OF  ELECTIONS.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO
 REQUIRE AN ELECTION AUTHORITY TO CREATE OR OTHERWISE PROVIDE A RECORD IT
 IS NOT CAPABLE OF COLLECTING. WITHIN SIXTY DAYS OF  RECEIPT  OF  RECORDS
 PURSUANT  TO  THIS  SECTION,  THE NEW YORK VOTING AND ELECTIONS DATABASE
 SHALL POST SUCH RECORDS TO ITS  PUBLIC  FACING  WEBSITE,  PROVIDED  THAT
 INDIVIDUAL  VOTER  REGISTRATION RECORDS SHALL NOT BE PUBLISHED, BUT ONLY
 MADE AVAILABLE TO THE PUBLIC UPON REQUEST PURSUANT TO  SUBDIVISION  FIVE
 OF SECTION 3-103 OF THE ELECTION LAW. NO COST SHALL BE CHARGED TO ACCESS
 SUCH RECORDS.
   3.  THE  STATE  BOARD  OF ELECTIONS SHALL PROVIDE THE ATTORNEY GENERAL
 WITH ACCESS TO COPIES OF THE NON-CONFIDENTIAL FIELDS  OF  THE  STATEWIDE
 VOTER  DATABASE  OR  ANY  SIMILAR SUCCESSOR STATEWIDE VOTER REGISTRATION
 DATABASE UPON REQUEST, IN A  SINGLE  TABULAR  DATA  FILE  IN  A  COMMON,
 MACHINE READABLE FORMAT THAT CAN BE READILY ACCESSED AND ANALYZED.
   4.  EVERY  SIX  MONTHS,  THE  STATE BOARD OF ELECTIONS SHALL DETERMINE
 WHICH ELECTION AUTHORITIES HAVE FAILED TO TRANSMIT RECORDS TO THE  STATE
 BOARD  OF ELECTIONS PURSUANT TO THIS SECTION AND SHALL PUBLISH A LIST OF
 SUCH ELECTION AUTHORITIES. UPON PUBLICATION OF  THE  LIST,  AN  ELECTION
 AUTHORITY  THAT  FAILED  TO  TRANSMIT  RECORDS  TO  THE  STATE  BOARD OF
 S. 8306--C                         128                        A. 8806--C
 
 ELECTIONS PURSUANT TO THIS SECTION SHALL HAVE A CURE PERIOD OF TEN BUSI-
 NESS DAYS TO COME INTO COMPLIANCE OR  PROVIDE  TO  THE  STATE  BOARD  OF
 ELECTIONS  AN  ADEQUATE REASON THE AUTHORITY IS NOT CAPABLE OF TRANSMIT-
 TING  SUCH  RECORDS.  THE  STATE  BOARD  OF  ELECTIONS  MAY DETERMINE AN
 ADEQUATE REASON FOR NON-COMPLIANCE  PURSUANT  TO  ITS  RULES  AND  REGU-
 LATIONS. IF AFTER TEN BUSINESS DAYS, THE ELECTION AUTHORITY HAS TAKEN NO
 ACTION  TO  CURE  ITS NON-COMPLIANCE THE STATE BOARD OF ELECTIONS OR THE
 ATTORNEY GENERAL MAY FILE AN ACTION AGAINST SUCH ELECTION  AUTHORITY  TO
 ENFORCE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   §  3. The civil practice law and rules is amended by adding a new rule
 4551 to read as follows:
   RULE 4551. NEW YORK VOTING AND ELECTIONS DATABASE. THE DATA,  INFORMA-
 TION,  AND/OR  ESTIMATES MAINTAINED BY THE NEW YORK VOTING AND ELECTIONS
 DATABASE WITHIN THE STATE BOARD OF ELECTIONS OR  COPIES  OF  SUCH  DATA,
 INFORMATION  AND/OR  ESTIMATES PROVIDED TO THE ATTORNEY GENERAL PURSUANT
 TO SUBDIVISION THREE OF SECTION 3-112  OF  THE  ELECTION  LAW  SHALL  BE
 GRANTED A REBUTTABLE PRESUMPTION OF VALIDITY BY ANY COURT CONCERNING ANY
 CLAIM BROUGHT.
   § 4. The education law is amended by adding a new section 2614 to read
 as follows:
   § 2614. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND  ELECTIONS  DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND
 THE COMPLETION OF THE VOTER  HISTORY  FILE  AFTER  EACH  ELECTION,  EACH
 SCHOOL  DISTRICT  THAT  HOLDS  ELECTIONS  PURSUANT TO THIS ARTICLE SHALL
 TRANSMIT COPIES OF  RECORDS  REQUIRED  TO  BE  TRANSMITTED  PURSUANT  TO
 SECTION  3-112  OF THE ELECTION LAW IN A MANNER AND TIME PROVIDED FOR IN
 SUCH SECTION.
   § 5. Section 2038 of the education law is renumbered section 2039  and
 a new section 2038 is added to read as follows:
   § 2038. TRANSMISSION OF PUBLICLY AVAILABLE DATA TO THE NEW YORK VOTING
 AND  ELECTIONS  DATABASE. UPON THE CERTIFICATION OF ELECTION RESULTS AND
 THE COMPLETION OF THE VOTER  HISTORY  FILE  AFTER  EACH  ELECTION,  EACH
 SCHOOL DISTRICT THAT HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO THIS ARTI-
 CLE  SHALL  TRANSMIT  COPIES  OF  THE RECORDS REQUIRED TO BE TRANSMITTED
 PURSUANT TO SECTION 3-112 OF THE ELECTION  LAW  IN  A  MANNER  AND  TIME
 PROVIDED FOR IN SUCH SECTION.
   §  6.  Section  2553  of  the education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. UPON THE CERTIFICATION OF ELECTION RESULTS AND THE COMPLETION  OF
 THE  VOTER  HISTORY  FILE AFTER EACH ELECTION, EACH SCHOOL DISTRICT THAT
 HOLDS SCHOOL BOARD ELECTIONS PURSUANT TO  THIS  ARTICLE  SHALL  TRANSMIT
 COPIES  OF  THE  RECORDS  REQUIRED TO BE TRANSMITTED PURSUANT TO SECTION
 3-112 OF THE ELECTION LAW IN A MANNER AND  TIME  PROVIDED  FOR  IN  SUCH
 SECTION.
   §  7.  The  election  law is amended by adding a new section 15-140 to
 read as follows:
   § 15-140. TRANSMISSION OF PUBLICLY AVAILABLE  DATA  TO  THE  NEW  YORK
 VOTING  AND  ELECTIONS  DATABASE.  UPON  THE  CERTIFICATION  OF ELECTION
 RESULTS AND  THE  COMPLETION  OF  THE  VOTER  HISTORY  FILE  AFTER  EACH
 ELECTION,  EACH  VILLAGE THAT HOLDS AN ELECTION NOT CONDUCTED BY A BOARD
 OF ELECTIONS PURSUANT TO THIS ARTICLE SHALL TRANSMIT TO THE STATE  BOARD
 OF  ELECTIONS  COPIES OF THE RECORDS REQUIRED TO BE TRANSMITTED PURSUANT
 TO SECTION 3-112 OF THIS CHAPTER IN A MANNER AND TIME  PROVIDED  FOR  IN
 SUCH SECTION.
   §  8.  This act shall take effect April 1, 2026 and shall apply to any
 election on or after such date.  Effective  immediately,  the  addition,
 S. 8306--C                         129                        A. 8806--C
 
 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 date.
 
                                  PART MM
 
   Section 1. Chapter 238 of the laws of 2021, relating to permitting the
 use of municipal space for outdoor dining, is REPEALED.
   §  2.  The  alcoholic  beverage control law is amended by adding a new
 section 111-a to read as follows:
   § 111-A. USE OF CONTIGUOUS AND NON-CONTIGUOUS MUNICIPAL  PUBLIC  SPACE
 FOR  ON-PREMISES  ALCOHOLIC  BEVERAGE SALES BY CERTAIN LICENSEES. 1. THE
 HOLDER OF A RETAIL  ON-PREMISES  LICENSE  ISSUED  PURSUANT  TO  SECTIONS
 FIFTY-FIVE, SIXTY-FOUR, SIXTY-FOUR-A, SIXTY-FOUR-C, SIXTY-FOUR-D, EIGHT-
 Y-ONE,  OR  EIGHTY-ONE-A OF THIS CHAPTER OR A MANUFACTURING LICENSE THAT
 INCLUDES A PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC BEVERAGES AT  RETAIL
 FOR  ON-PREMISES CONSUMPTION ON THE LICENSED PREMISES ISSUED PURSUANT TO
 SECTION THIRTY, THIRTY-ONE, FIFTY-ONE, FIFTY-ONE-A, FIFTY-EIGHT,  FIFTY-
 EIGHT-C,  SUBDIVISION  TWO-C  OF SECTION SIXTY-ONE, SECTION SEVENTY-SIX,
 SEVENTY-SIX-A, SEVENTY-SIX-C, OR SEVENTY-SIX-D OF THIS CHAPTER MAY  FILE
 AN ALTERATION APPLICATION WITH THE AUTHORITY PURSUANT TO SUBDIVISION ONE
 OF SECTION NINETY-NINE-D OF THIS CHAPTER FOR PERMISSION TO ADD MUNICIPAL
 PUBLIC SPACE THAT IS EITHER CONTIGUOUS OR NON-CONTIGUOUS TO THE LICENSED
 PREMISES.  UPON APPROVAL OF SUCH ALTERATION APPLICATION, SUCH A LICENSEE
 MAY EXERCISE THE PRIVILEGE TO SELL AND/OR SERVE ALCOHOLIC  BEVERAGES  AT
 RETAIL  FOR ON-PREMISES CONSUMPTION ON CONTIGUOUS MUNICIPAL PUBLIC SPACE
 OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE PROVIDED:
   (A) THE MUNICIPALITY IN WHICH THE LICENSED PREMISES IS LOCATED  ISSUES
 A  PERMIT  OR THE RESPONSIBLE MUNICIPAL REGULATORY BODY OR AGENCY ISSUES
 WRITTEN AUTHORIZATION TO THE LICENSEE TO SELL AND/OR SERVE FOOD ON  SUCH
 CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE  OR NON-CONTIGUOUS MUNICIPAL PUBLIC
 SPACE;
   (B) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF SUCH MUNIC-
 IPAL PERMIT OR OTHER WRITTEN AUTHORIZATION  ALONG  WITH  THE  ALTERATION
 APPLICATION;
   (C)  THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A COPY OF THE PERMIT
 APPLICATION SUBMITTED TO THE MUNICIPALITY TO OBTAIN THE MUNICIPAL PERMIT
 OR OTHER WRITTEN AUTHORIZATION FROM  THE  MUNICIPALITY  ALONG  WITH  THE
 ALTERATION APPLICATION;
   (D)  THE  LICENSEE SUBMITS TO THE LIQUOR AUTHORITY A DIAGRAM DEPICTING
 BOTH THE LICENSED PREMISES AND THE CONTIGUOUS MUNICIPAL PUBLIC SPACE  OR
 NON-CONTIGUOUS  MUNICIPAL  PUBLIC  SPACE TO BE USED BY THE LICENSEE WITH
 THE ALTERATION APPLICATION;
   (E) THE LICENSEE SUBMITS TO THE LIQUOR AUTHORITY  PROOF  THAT  IT  HAS
 PROVIDED  COMMUNITY  NOTIFICATION TO THE MUNICIPALITY, INCLUDING MUNICI-
 PALITIES OUTSIDE THE CITY OF NEW YORK, IN A MANNER  CONSISTENT  WITH  OR
 REQUIRED BY SUBDIVISION TWO OF SECTION ONE HUNDRED TEN-B OF THIS ARTICLE
 AS REQUIRED FOR THE CITY OF NEW YORK;
   (F)  THE LICENSEE SUBMITS PROOF TO THE LIQUOR AUTHORITY THAT: (I) SUCH
 LICENSEE HAS OBTAINED WORKERS' COMPENSATION INSURANCE FOR ALL EMPLOYEES,
 AS REQUIRED BY THE WORKERS' COMPENSATION LAW; AND (II) SUCH LICENSEE HAS
 OBTAINED GENERAL LIABILITY INSURANCE TO PROVIDE COVERAGE AGAINST LIABIL-
 ITY FOR INJURY SUSTAINED BY PERSONS ON THE CONTIGUOUS  MUNICIPAL  PUBLIC
 SPACE OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE USED BY THE LICENSEE AND,
 IF  APPLICABLE,  PERSONS AND CYCLISTS USING OR CROSSING A BIKE THOROUGH-
 FARE THAT CONNECTS THE LICENSED PREMISES TO THE NON-CONTIGUOUS MUNICIPAL
 S. 8306--C                         130                        A. 8806--C
 
 PUBLIC SPACE USED BY THE LICENSEE.  THE  LICENSEE  SHALL  MAINTAIN  SUCH
 GENERAL  LIABILITY  COVERAGE  DURING THE TERM OF ITS MUNICIPAL PERMIT OR
 WRITTEN AUTHORIZATION TO USE THE CONTIGUOUS MUNICIPAL  PUBLIC  SPACE  OR
 NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE; AND
   (G)  USE  OF  ANY  SUCH  CONTIGUOUS OR NON-CONTIGUOUS MUNICIPAL PUBLIC
 SPACE MEETS ALL APPLICABLE FEDERAL, STATE OR LOCAL  LAWS,  RULES,  REGU-
 LATIONS, GUIDANCE, CONDITIONS OR REQUIREMENTS.
   2.  FOR  THE  PURPOSES  OF THIS SECTION: (A) "NON-CONTIGUOUS MUNICIPAL
 PUBLIC SPACE" SHALL MEAN SPACE THAT: (I) IS LOCATED IN FRONT OF, BEHIND,
 OR TO THE SIDE OF THE LICENSED PREMISES; (II)  IS  WITHIN  THE  PROPERTY
 BOUNDARIES OF THE LICENSED PREMISES AS EXTENDED OUT; OR WITHIN THE PROP-
 ERTY BOUNDARIES OF THE NEAREST ADJACENT PROPERTIES ON EITHER SIDE; (III)
 DOES  NOT EXTEND FURTHER THAN THE MIDLINE OF ANY PUBLIC ROADWAY; (IV) IS
 SEPARATED FROM THE LICENSED PREMISES ONLY BY ONE OR MORE OF THE  FOLLOW-
 ING:  A  PEDESTRIAN THOROUGHFARE, A THOROUGHFARE PRIMARILY RESTRICTED TO
 USE BY BICYCLES, OR A PORTION OF A THOROUGHFARE WITH SUCH  RESTRICTIONS;
 AND  (V) OTHERWISE COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
 REQUIREMENTS.
   (B) "CONTIGUOUS MUNICIPAL PUBLIC SPACE" SHALL MEAN SPACE THAT: (I)  IS
 LOCATED  IN  FRONT  OF, BEHIND, OR TO THE SIDE OF THE LICENSED PREMISES;
 (II) IS WITHIN THE PROPERTY  BOUNDARIES  OF  THE  LICENSED  PREMISES  AS
 EXTENDED  OUT; OR WITHIN THE PROPERTY BOUNDARIES OF THE NEAREST ADJACENT
 PROPERTIES ON EITHER SIDE; (III) OTHERWISE COMPLIES WITH ALL  APPLICABLE
 FEDERAL, STATE AND LOCAL REQUIREMENTS.
   3. LICENSEES CHOOSING TO UTILIZE NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE
 THAT INCLUDES A THOROUGHFARE PRIMARILY RESTRICTED TO USE BY BICYCLES, OR
 A PORTION OF A THOROUGHFARE WITH SUCH RESTRICTIONS, SHALL POST A SIGN OR
 POSTER  IN SAID MUNICIPAL OUTDOOR SPACE WITH CONSPICUOUS LETTERING IN AT
 LEAST SEVENTY-TWO POINT BOLD FACE FONT THAT  STATES:  "CAUTION:  BICYCLE
 LANE" PRIOR TO AND WHILE UTILIZING ANY SUCH MUNICIPAL SPACE FOR ON-PREM-
 ISES ALCOHOLIC BEVERAGE SALES TO PATRONS. SUCH LICENSEES SHALL BE SOLELY
 RESPONSIBLE  FOR PRODUCTION OF AND MAINTENANCE OF SUCH SIGNAGE.  COMPLI-
 ANCE BY THE LICENSEE WITH THE PROVISIONS  OF  ANY  LOCAL  LAW  REQUIRING
 POSTING  OF  WARNING  SIGNS REGARDING BICYCLE LANES ENACTED ON OR BEFORE
 THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED TO BE  IN  COMPLIANCE
 WITH  THE PROVISIONS OF THIS SECTION. NOTHING CONTAINED HEREIN, HOWEVER,
 SHALL BE DEEMED TO EXEMPT ANY LICENSEE  NOT  OTHERWISE  SUBJECT  TO  THE
 PROVISIONS  OF  ANY SUCH LOCAL LAW FROM COMPLYING WITH THE PROVISIONS OF
 THIS SECTION.
   4. IF AT ANY TIME THE MUNICIPALITY REVOKES,  CANCELS  OR  SUSPENDS  OR
 OTHERWISE TERMINATES THE LICENSEE'S AUTHORIZATION TO USE SUCH CONTIGUOUS
 MUNICIPAL  PUBLIC  SPACE  OR  NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE, THE
 LICENSEE SHALL IMMEDIATELY CEASE EXERCISING THE PRIVILEGE TO SELL AND/OR
 SERVE ALCOHOLIC BEVERAGES AT RETAIL FOR CONSUMPTION  ON  SUCH  MUNICIPAL
 PUBLIC  SPACE. THE LICENSEE SHALL THEN FILE A NEW ALTERATION APPLICATION
 REMOVING THE MUNICIPAL PUBLIC SPACE  FROM  ITS  LICENSED  PREMISES.  THE
 FAILURE  TO  FILE A NEW ALTERATION APPLICATION WITH THE AUTHORITY WITHIN
 TEN BUSINESS DAYS OF THE REVOCATION, CANCELLATION, SUSPENSION, OR  OTHER
 TERMINATION BY THE LOCAL MUNICIPALITY OF THE LICENSEE'S AUTHORIZATION TO
 USE  SUCH  CONTIGUOUS  OR NON-CONTIGUOUS MUNICIPAL PUBLIC SPACE SHALL BE
 CAUSE FOR REVOCATION, CANCELLATION, SUSPENSION AND/OR  IMPOSITION  OF  A
 CIVIL PENALTY AGAINST THE LICENSE IN ACCORDANCE WITH SECTION ONE HUNDRED
 EIGHTEEN OF THIS ARTICLE.
   5.  THE  AUTHORITY  MAY  PROMULGATE GUIDANCE, RULES AND/OR REGULATIONS
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS  SECTION.  NOTWITHSTANDING
 EXISTING  PROVISIONS  OF  THIS  CHAPTER,  THE AUTHORITY IS AUTHORIZED TO
 S. 8306--C                         131                        A. 8806--C

 PROVIDE SIMPLIFIED APPLICATIONS AND NOTIFICATION PROCEDURES  FOR  LICEN-
 SEES SEEKING TO UTILIZE MUNICIPAL SPACE FOR ON-PREMISES ALCOHOLIC BEVER-
 AGE  SALES  WHENEVER  POSSIBLE  OR  APPROPRIATE. NOTHING IN THIS SECTION
 SHALL PROHIBIT THE AUTHORITY FROM REQUESTING ADDITIONAL INFORMATION FROM
 ANY  APPLICANT SEEKING TO USE NEW MUNICIPAL SPACE OR RENEWAL OF EXISTING
 MUNICIPAL SPACE.
   § 3. This act shall take effect immediately and  shall  apply  to  all
 applications  received  by  the state liquor authority on and after such
 effective date.  Effective immediately, the authority is  authorized  to
 undertake  the  addition,  amendment  and/or repeal of any rule or regu-
 lation necessary for the implementation of this act.
 
                                  PART NN

   Section 1. Subparagraph (i-a) of  paragraph  b  of  subdivision  9  of
 section  140  of the transportation law, as added by section 4 of part K
 of a chapter of the laws of 2024, amending the  transportation  law  and
 the  vehicle  and traffic law relating to enacting the stretch limousine
 passenger safety act, as proposed in legislative bills numbers S. 8308-C
 and A. 8808-C, is amended to read as follows:
   (i-a) No person, corporation, limited liability  company  or  business
 entity,  joint  stock  association, partnership, or any officer or agent
 thereof, shall operate or knowingly allow, require, permit or  authorize
 any person to operate a motor vehicle while under suspension as provided
 in  SUBPARAGRAPH  (I)  OF this [subdivision] PARAGRAPH.   A violation of
 this subparagraph shall constitute a class A misdemeanor punishable by a
 fine of not less than five thousand dollars nor  more  than  twenty-five
 thousand dollars in addition to any other penalties provided by law.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as section 4 of part K of a chapter of the laws of 2024, amending
 the transportation law and the  vehicle  and  traffic  law  relating  to
 enacting  the  stretch  limousine  passenger  safety act, as proposed in
 legislative bills numbers S. 8308-C and A.  8808-C, takes effect.
 
                                  PART OO
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 "Sammy's law".
   §  2.  Paragraphs  26 and 27 of subdivision (a) of section 1642 of the
 vehicle and traffic law, paragraph 26  as  added  and  paragraph  27  as
 amended  by  chapter  248  of  the  laws of 2014, are amended to read as
 follows:
   26. (a) With respect to highways (which term for the purposes of  this
 paragraph shall include private roads open to public motor vehicle traf-
 fic)  in such city, other than state highways maintained by the state on
 which the department of transportation shall have established higher  or
 lower  speed  limits  than the statutory fifty-five miles per hour speed
 limit as provided in section sixteen hundred twenty of this title, or on
 which the department of transportation shall have designated  that  such
 city  shall not establish any maximum speed limit as provided in section
 sixteen hundred twenty-four of this title, subject  to  the  limitations
 imposed by section sixteen hundred eighty-four of this title, establish-
 ment  of  maximum speed limits at which vehicles may proceed within such
 city or within designated areas of such city higher or  lower  than  the
 fifty-five  miles  per hour maximum statutory limit. No such speed limit
 applicable throughout such city or within designated areas of such  city
 S. 8306--C                         132                        A. 8806--C
 
 shall  be  established at less than [twenty-five] TWENTY miles per hour,
 except that (I) school speed limits may be established at no  less  than
 fifteen  miles  per  hour  pursuant to the provisions of section sixteen
 hundred  forty-three  of  this article, AND (II) ON PORTIONS OF HIGHWAYS
 THAT CONSIST OF THREE OR MORE VEHICULAR TRAVEL LANES IN THE SAME  DIREC-
 TION OUTSIDE OF NEW YORK COUNTY, SPEED LIMITS SHALL BE ESTABLISHED AT NO
 LESS THAN TWENTY-FIVE MILES PER HOUR.
   (b)  A  city shall not lower OR RAISE a speed limit [by more than five
 miles per hour] pursuant to this paragraph  unless  such  city  provides
 written  notice  and an opportunity to comment to the community board or
 community boards established pursuant to section twenty-eight hundred of
 the New York city charter with jurisdiction over the area in  which  the
 lower  OR HIGHER speed limit shall apply. Such notice may be provided by
 electronic mail and shall be provided sixty days prior to the establish-
 ment of such lower OR HIGHER speed limit AND A COMMUNITY BOARD MAY ISSUE
 AN ADVISORY OPINION PRIOR TO THE  RAISING  OR  LOWERING  OF  SUCH  SPEED
 LIMIT. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SUBDIVISION, A
 SPEED  LIMIT  APPLICABLE  THROUGHOUT  SUCH CITY SHALL ONLY BE LOWERED OR
 RAISED PURSUANT TO A LOCAL LAW.
   27. (a) Establishment of  maximum  speed  limits  below  [twenty-five]
 TWENTY  miles  per  hour at which motor vehicles may proceed on or along
 designated highways within such city for the explicit purpose of  imple-
 menting  traffic  calming  measures  as  such  term  is  defined herein;
 provided, however, that no speed limit shall be set below [fifteen]  TEN
 miles per hour nor shall such speed limit be established where the traf-
 fic  calming  measure  to  be  implemented  consists solely of a traffic
 control sign.  Establishment of such a speed limit shall, where applica-
 ble, be in compliance with the provisions of  sections  sixteen  hundred
 twenty-four  and  sixteen  hundred  eighty-four of this [chapter] TITLE.
 Nothing contained herein shall be deemed to alter or affect  the  estab-
 lishment  of  school  speed limits pursuant to the provisions of section
 sixteen hundred forty-three of this article. For the  purposes  of  this
 paragraph,  "traffic calming measures" shall mean any physical engineer-
 ing measure or measures that reduce the negative effects of motor  vehi-
 cle  use, alter driver behavior and improve conditions for non-motorized
 street users such as pedestrians and bicyclists.
   (b) Any city establishing maximum  speed  limits  below  [twenty-five]
 TWENTY  miles per hour pursuant to clause (i) of this subparagraph shall
 submit a report to the governor, the temporary president of  the  senate
 and  the  speaker of the assembly on or before March first, two thousand
 fifteen and biannually thereafter on the results of using traffic  calm-
 ing  measures and speed limits lower than [twenty-five] TWENTY miles per
 hour as authorized by this paragraph. This report  shall  also  be  made
 available  to  the public by such city on its website. Such report shall
 include, but not be limited to the following:
   (i) a description of the designated  highways  where  traffic  calming
 measures and a lower speed limit were established [and];
   (ii)  a  description of the specific traffic calming measures used and
 the maximum speed limit established [and];
   (iii) AN EXPLANATION OF THE REASONS FOR SETTING  LOWER  SPEED  LIMITS,
 HOW  THOSE LOWER SPEED LIMITS COMPLY WITH ENGINEERING STANDARDS, AND HOW
 THEY WILL ENSURE THAT MOTOR VEHICLES CAN OPERATE AT  SAFE  SPEEDS  IN  A
 MANNER THAT OPTIMIZES ALL ROAD USERS' SAFETY AND CONVENIENCE; AND
   (IV) a comparison of the aggregate type, number, and severity of acci-
 dents  reported  on  streets  on which street calming measures and lower
 speed limits were implemented in the year preceding  the  implementation
 S. 8306--C                         133                        A. 8806--C
 
 of  such measures and policies and the year following the implementation
 of such measures and policies, to the extent this information  is  main-
 tained by any agency of the state or the city.
   § 3. 1. For the purpose of informing and educating persons who operate
 motor vehicles in this state:
   (a)  Any law enforcement official authorized to issue appearance tick-
 ets pursuant to the vehicle and traffic law may,  during  the  six-month
 period  beginning on the effective date of this act, stop motor vehicles
 and issue verbal warnings to persons who are in violation of the maximum
 speed limits lowered by section two of this act, and who  are  traveling
 at  a  speed of less than fifteen miles per hour over such maximum speed
 limits.
   (b) Any municipality authorized to issue a notice of  liability  where
 such  municipality  has  installed  a  photo  speed violation monitoring
 system pursuant to the vehicle and traffic law  shall,  for  sixty  days
 following  the  establishment of a lower speed limit pursuant to section
 two of this act, issue notices of liability to owners  of  vehicles  who
 are in violation of the previous maximum speed limit.
   2.  The  department  of  transportation for the city of New York shall
 implement an education campaign which shall, at a minimum:
   (a) Alert drivers to the passage of this act;
   (b) Educate drivers of the dangers of speeding; and
   (c) Educate drivers of the dangers of crashes involving pedestrians.
   3. The department of transportation for the city  of  New  York  shall
 install  signage  around school speed zones that notifies drivers of the
 speed limit.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
                                  PART PP
 
   Section 1.  Article 25-A of the public health law is amended by adding
 a new section 2599-bb-1 to read as follows:
   § 2599-BB-1. REPRODUCTIVE FREEDOM AND EQUITY GRANT PROGRAM. 1. AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ABORTION"  SHALL  MEAN  THE TERMINATION OF PREGNANCY PURSUANT TO
 SECTION TWENTY-FIVE HUNDRED NINETY-NINE-BB OF THIS ARTICLE.
   (B) "HEALTH CARE SERVICES" SHALL MEAN THE RANGE OF CARE RELATED TO THE
 PROVISION OF ABORTION.
   (C) "PROGRAM" SHALL MEAN THE REPRODUCTIVE  FREEDOM  AND  EQUITY  GRANT
 PROGRAM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   2.  THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT A REPRODUCTIVE FREE-
 DOM AND EQUITY GRANT PROGRAM TO ENSURE ACCESS TO ABORTION  CARE  IN  THE
 STATE.  THE PROGRAM SHALL PROVIDE FUNDING TO ABORTION PROVIDERS AND NON-
 PROFIT ORGANIZATIONS THAT PROVIDE OR FACILITATE ACCESS TO ABORTION CARE.
 THE PROGRAM SHALL BE DESIGNED TO PROVIDE SUPPORT TO  ABORTION  PROVIDERS
 AND  NON-PROFIT ORGANIZATIONS TO INCREASE ACCESS TO CARE, FUND UNCOMPEN-
 SATED CARE, AND TO ADDRESS THE SUPPORT NEEDS  OF  INDIVIDUALS  ACCESSING
 ABORTION  CARE.  FUNDING USED TO SUPPORT THE PROGRAM SHALL BE SUBJECT TO
 APPROPRIATION.
   3. THE COMMISSIONER SHALL DISTRIBUTE FUNDS MADE AVAILABLE FOR EXPENDI-
 TURE UNDER THIS SECTION. IN DETERMINING FUNDING FOR APPLICANTS UNDER THE
 GRANT PROGRAM, THE COMMISSIONER SHALL CONSIDER  THE  FOLLOWING  CRITERIA
 AND GOALS:
   (A)  INCREASE  ACCESS  TO  CARE  BY  GROWING  THE CAPACITY OF ABORTION
 PROVIDERS TO MEET PRESENT AND FUTURE CARE NEEDS. FUNDS MAY BE AWARDED TO
 S. 8306--C                         134                        A. 8806--C
 
 SUPPORT THE RECRUITMENT, HIRING, AND RETENTION OF CLINICAL  AND  MEDICAL
 STAFF,  COSTS  OF INCREASING THE NUMBER OF HOURS, DAYS, AND/OR ALTERNATE
 TIMES FOR CURRENTLY EMPLOYED CLINICAL STAFF TO PROVIDE INCREASED ACCESS,
 CARE  MANAGEMENT  AND NAVIGATION, STAFF TRAINING, OUTREACH AND MARKETING
 COSTS, AND OTHER OPERATIONAL NEEDS  THAT  INCREASE  ACCESS  TO  ABORTION
 CARE.
   (B)  FUND  UNCOMPENSATED HEALTH CARE SERVICES ASSOCIATED WITH ABORTION
 CARE, TO ENSURE THE AFFORDABILITY OF AND ACCESS TO CARE FOR  INDIVIDUALS
 WHO  LACK  ABILITY  TO  PAY FOR CARE, FOR INDIVIDUALS WHO LACK INSURANCE
 COVERAGE, ARE UNDERINSURED, OR WHOSE INSURANCE IS DEEMED UNUSABLE BY THE
 RENDERING PROVIDER.
   4. IN ESTABLISHING AND OPERATING THE  PROGRAM,  THE  COMMISSIONER  MAY
 CONSULT  A RANGE OF EXPERTS INCLUDING BUT NOT LIMITED TO INDIVIDUALS AND
 ENTITIES PROVIDING ABORTION CARE, ABORTION FUNDS AND OTHER ORGANIZATIONS
 WHOSE MISSION IS TO EXPAND  ACCESS  TO  ABORTION  CARE,  TO  ENSURE  THE
 PROGRAM STRUCTURE AND EXPENDITURES REFLECT THE NEEDS OF ABORTION PROVID-
 ERS, ABORTION FUNDS AND CONSUMERS. THE COMMISSIONER MAY MAKE REGULATIONS
 NECESSARY FOR IMPLEMENTING THE PROGRAM.
   5. THE DEPARTMENT AND ANY NON-PROFIT ORGANIZATION OR ABORTION PROVIDER
 RECEIVING  FUNDS  FROM  THE  PROGRAM  SHALL  TAKE ALL NECESSARY STEPS TO
 ENSURE THE CONFIDENTIALITY OF THE INDIVIDUALS RECEIVING SERVICES  PURSU-
 ANT  TO STATE AND FEDERAL LAWS.  THE COMMISSIONER MAY REQUEST AGGREGATE,
 DE-IDENTIFIED INFORMATION ABOUT HOW FUNDING ALLOCATED  PURSUANT  TO  THE
 PROGRAM IS SPENT, PROVIDED THAT NO INFORMATION WHICH, ALONE OR IN COMBI-
 NATION,  WOULD  PERMIT A PATIENT, PROVIDER, OR AN INDIVIDUAL WHO SOUGHT,
 RECEIVED, PROVIDED, OR SUPPORTED HEALTH CARE SERVICES UNDER THE  PROGRAM
 TO BE IDENTIFIED MAY BE REQUESTED OR SHARED.
   §  2. Severability clause. If any clause, sentence, paragraph, section
 or part of this act shall be adjudged by any court of  competent  juris-
 diction  to  be  invalid  and  after  exhaustion of all further judicial
 review, the judgment shall not affect, impair, or invalidate the remain-
 der thereof, but shall be confined  in  its  operation  to  the  clause,
 sentence,  paragraph,  section  or part of this act directly involved in
 the controversy in which the judgment shall have been rendered.
   § 3. 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 QQ
 
   Section  1.  Subdivisions a and b of section 512 of the retirement and
 social security law, subdivision a as amended by chapter 298 of the laws
 of 2016, and subdivision b as amended by chapter 18 of the laws of 2012,
 are amended to read as follows:
   a. A member's final average salary shall be the average  wages  earned
 by  such  a  member during any three consecutive years which provide the
 highest average wage; provided, however, if the wages earned during  any
 year  included  in  the  period  used  to determine final average salary
 exceeds that of the average of the previous two years by more  than  ten
 percent,  the amount in excess of ten percent shall be excluded from the
 computation of final average salary.    [Notwithstanding  the  preceding
 provisions  of  this subdivision to the contrary, for a member who first
 becomes a member of the New York state and local  employees'  retirement
 system  on  or after April first, two thousand twelve, or for a New York
 city police/fire revised plan member, a  New  York  city  enhanced  plan
 member  who  receives  the  ordinary  disability benefit provided for in
 subdivision c-1 of section five hundred six of this article or the acci-
 S. 8306--C                         135                        A. 8806--C

 dental disability benefit provided for in paragraph three of subdivision
 c of section five hundred  seven  of  this  article,  a  New  York  city
 uniformed  correction/sanitation  revised plan member or an investigator
 revised  plan member, a member's final average salary shall be the aver-
 age wages earned by such a member  during  any  five  consecutive  years
 which  provide the highest average wage; provided, however, if the wages
 earned during any year included in the period used  to  determine  final
 average salary exceeds that of the average of the previous four years by
 more  than  ten  percent,  the  amount in excess of ten percent shall be
 excluded from the computation of final average salary.]  In  determining
 final  average  salary  pursuant  to  any provision of this subdivision,
 where the period used to determine final average salary  is  the  period
 which  immediately  precedes the date of retirement, any month or months
 (not in excess of twelve) which would otherwise be included in computing
 final average salary but during which the member was on authorized leave
 of absence at partial pay or without pay  shall  be  excluded  from  the
 computation  of final average salary and the month or an equal number of
 months immediately preceding such period shall be  substituted  in  lieu
 thereof.
   b.  Notwithstanding  the  provisions of subdivision a of this section,
 with respect to members of the  New  York  state  employees'  retirement
 system [who first become members of the New York state and local employ-
 ees' retirement system before April first, two thousand twelve], the New
 York  state and local police and fire retirement system and the New York
 city teachers' retirement system, a member's final average salary  shall
 be  equal  to  one-third  of  the  highest total wages earned during any
 continuous period of employment for which the member was  credited  with
 three  years  of  service credit; provided, however, if the wages earned
 during any year of credited service included the period used  to  deter-
 mine final average salary exceeds the average of the wages of the previ-
 ous  two  years of credited service by more than ten percent, the amount
 in excess of ten percent shall be excluded from the computation of final
 average salary. [For members who first become a member of the  New  York
 state  and  local  employees' retirement system on or after April first,
 two thousand twelve, with respect to members of the New York  state  and
 local  employees'  retirement  system,  a  member's final average salary
 shall be equal to one-fifth of the highest total wages earned during any
 continuous period of employment for which the member was  credited  with
 five  years  of  service  credit; provided, however, if the wages earned
 during any year of credited service included the period used  to  deter-
 mine final average salary exceeds the average of the wages of the previ-
 ous  four years of credited service by more than ten percent, the amount
 in excess of ten percent shall be excluded from the computation of final
 average salary.]
   § 2. Subdivisions a and b of section 608 of the retirement and  social
 security  law, as amended by chapter 18 of the laws of 2012, are amended
 to read as follows:
   a. [For members who first become members of a public retirement system
 of the state before April first, two  thousand  twelve,  a]  A  member's
 final  average salary shall be the average wages earned by such a member
 during any three consecutive years which  provide  the  highest  average
 wage; provided, however, if the wages earned during any year included in
 the  period  used  to determine final average salary exceeds that of the
 average of the previous two years by more than ten percent,  the  amount
 in excess of ten percent shall be excluded from the computation of final
 average  salary.  [For  members who first become members of the New York
 S. 8306--C                         136                        A. 8806--C

 state and local employees' retirement  system  or  the  New  York  state
 teachers'  retirement  system  on  or  after  April  first, two thousand
 twelve, a member's final average  salary  shall  be  the  average  wages
 earned  by  such  member during any five consecutive years which provide
 the highest average wage; provided, however, if the wages earned  during
 any  year  included in the period used to determine final average salary
 exceeds that of the average of the previous four years by more than  ten
 percent,  the amount in excess of ten percent shall be excluded from the
 computation of final average salary.] Where the period used to determine
 final average salary is the period which immediately precedes  the  date
 of retirement, any month or months (not in excess of twelve) which would
 otherwise be included in computing final average salary but during which
 the  member was on authorized leave of absence at partial pay or without
 pay shall be excluded from the computation of final average  salary  and
 the month or an equal number of months immediately preceding such period
 shall be substituted in lieu thereof.
   b.  Notwithstanding  the  provisions of subdivision a of this section,
 with respect to members [who first became members] of the New York state
 and local employees' retirement system and the New York  city  teachers'
 retirement  system [before April first, two thousand twelve], a member's
 final average salary shall be equal to one-third of  the  highest  total
 wages  earned  by such member during any continuous period of employment
 for which the member was credited with three years  of  service  credit;
 provided,  however,  if  the  wages  earned  during any year of credited
 service included in the period used to determine  final  average  salary
 exceeds  the  average of the wages of the previous two years of credited
 service by more than ten percent, the amount in excess  of  ten  percent
 shall  be  excluded  from the computation of final average salary. [With
 respect to members who first become members of the New  York  state  and
 local  employees'  retirement  system  and  the  New York city teachers'
 retirement system on or  after  April  first,  two  thousand  twelve,  a
 member's final average salary shall be equal to one-fifth of the highest
 total  wages  earned  by  such  member  during  any continuous period of
 employment for which the member was credited with five years of  service
 credit;  provided, however, if the wages earned during any year of cred-
 ited service included in the period  used  to  determine  final  average
 salary  exceeds  the  average of the wages of the previous four years of
 credited service by more than ten percent, the amount in excess  of  ten
 percent shall be excluded from the computation of final average salary.]
   §  3.  Subparagraph  (ii)  of paragraph 14 of subdivision e of section
 13-638.4 of the administrative code of the city of New York, as  amended
 by chapter 18 of the laws of 2012, is amended to read as follows:
   (ii)  Subject to the provisions of subdivision f of this section where
 those provisions are applicable, and notwithstanding the  provisions  of
 subdivisions  a  and  c  of section six hundred eight of the RSSL, for a
 tier IV member of NYCERS who is a New York city revised plan member  (as
 defined  in  subdivision  m of section six hundred one of the RSSL) or a
 tier IV member of BERS who is a New York city revised plan  member,  the
 term  "final  average  salary",  as used in article fifteen of the RSSL,
 shall be equal to [one-fifth]  ONE-THIRD  of  the  highest  total  wages
 earned  by  such  member  during any continuous period of employment for
 which the member was credited with [five] THREE years of service credit;
 provided that if the wages earned during any year  of  credited  service
 included  in  the  period used to determine final average salary exceeds
 the average of the wages of the previous four years of credited  service
 by  more  than ten percent, the amount in excess of ten percent shall be
 S. 8306--C                         137                        A. 8806--C
 
 excluded from the computation of final average salary, provided  further
 that  "wages",  as  used  in  this  paragraph, shall mean the applicable
 provisions and limitations of the term "wages", as defined  in  subdivi-
 sion l of section six hundred one of the RSSL.
   §  4. Subdivision a of section 1209 of the retirement and social secu-
 rity law, as amended by chapter 705 of the laws of 2023, is  amended  to
 read as follows:
   a.  For  members  who  first  become members of the New York state and
 local police and fire retirement system on or  after  April  first,  two
 thousand  twelve, a member's final average salary shall be equal to one-
 fifth of the highest total  wages  earned  by  such  member  during  any
 continuous  period  of employment for which the member was credited with
 five years of service credit; provided, however,  if  the  wages  earned
 during  any  year  of  credited  service  included in the period used to
 determine final average salary exceeds the average of the wages  of  the
 previous  four  years  of credited service by more than ten percent, the
 amount in excess of ten percent shall be excluded from  the  computation
 of final average salary.  PROVIDED, HOWEVER, BEGINNING ON OR AFTER APRIL
 FIRST,  TWO  THOUSAND TWENTY-FOUR, A MEMBER'S FINAL AVERAGE SALARY SHALL
 BE EQUAL TO ONE-THIRD OF THE HIGHEST TOTAL WAGES EARNED BY  SUCH  MEMBER
 DURING  ANY  CONTINUOUS  PERIOD  OF  EMPLOYMENT FOR WHICH THE MEMBER WAS
 CREDITED WITH THREE YEARS OF SERVICE CREDIT; PROVIDED, HOWEVER,  IF  THE
 WAGES  EARNED DURING ANY YEAR OF CREDITED SERVICE INCLUDED IN THE PERIOD
 USED TO DETERMINE FINAL AVERAGE SALARY EXCEEDS THE AVERAGE OF THE  WAGES
 OF  THE PREVIOUS TWO YEARS OF CREDITED SERVICE BY MORE THAN TEN PERCENT,
 THE AMOUNT IN EXCESS OF TEN PERCENT SHALL BE EXCLUDED FROM THE  COMPUTA-
 TION  OF FINAL AVERAGE SALARY. Wages in excess of the annual salary paid
 to the governor pursuant to section three of article four of  the  state
 constitution  shall  be  excluded  from the computation of final average
 salary for members who first become members of the New  York  state  and
 local  police  and  fire  retirement system on or after April first, two
 thousand twelve.
   § 5.  Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would provide Tier 6 members in the New York State and Local
 Retirement  System  a final average salary based on their highest salary
 earned over three consecutive years, where the salary earned in any year
 cannot exceed the average of the previous two years by  more  than  10%.
 Currently,  final  average  salary  for  these members is based on their
 highest salary earned over five  consecutive  years,  where  the  salary
 earned  in any year cannot exceed the average of the previous four years
 by more than 10%. The provisions of Section 25  of  the  Retirement  and
 Social Security Law shall not apply.
   Insofar  as  this bill affects the New York State and Local Employees'
 Retirement System (NYSLERS), the increased costs would be shared by  the
 State  of New York and the local participating employers in the NYSLERS.
 If this bill were enacted  during  the  2024  Legislative  Session,  the
 increase  in  the present value of benefits would be approximately $1.17
 billion.
        NYSLERS      Increase in present   Increase in required
                        value benefits         contributions
        Tiers 1 - 5          $0                $220 million
        Tier 6           $1.17 billion         $950 million
 S. 8306--C                         138                        A. 8806--C

        Total            $1.17 billion         $1.17 billion
 
   In  the NYSLERS, this benefit improvement will be funded by increasing
 the billing rates charged  annually  to  cover  both  retrospective  and
 prospective  benefit  increases. The annual contribution required of all
 participating employers in  NYSLERS  is  0.4%  of  billable  salary,  or
 approximately $51 million to the State of New York and approximately $76
 million to the local participating employers. THIS PERMANENT ANNUAL COST
 WILL  INCREASE  as  Tier  6 salary grows and will vary by employer based
 upon the plan coverage and salary reported in Tier 6.
   Insofar as this bill affects the New York State and Local  Police  and
 Fire  Retirement  System (NYSLPFRS), the increased costs would be shared
 by the State of New York and the local participating  employers  in  the
 NYSLPFRS. If this bill were enacted during the 2024 Legislative Session,
 the  increase  in  the  present value of benefits would be approximately
 $341 million.
        NYSLPFRS     Increase in present   Increase in required
                        value benefits        contributions
        Tiers 1 - 5           $0                $33 million
        Tier 6           $341 million          $308 million
        Total            $341 million          $341 million
 
   In the NYSLPFRS, this benefit improvement will be funded by increasing
 the billing rates charged  annually  to  cover  both  retrospective  and
 prospective  benefit  increases. The annual contribution required of all
 participating employers in the NYSLPFRS is 0.70% of billable salary,  or
 approximately  $6.0  million  to the State of New York and approximately
 $25 million to the local participating employers.  THE PERMANENT  ANNUAL
 COST  WILL  INCREASE  as  Tier  6 salary grows and will vary by employer
 based upon the plan coverage and salary reported in Tier 6.
   These estimated costs are based on  265,533  Tier  6  members  in  the
 NYSLERS and 16,599 Tier 6 members in the NYSLPFRS, with annual salary of
 approximately  $12  billion  and $1.5 billion, respectively, as of March
 31, 2023.
   Summary of relevant resources:
   Membership data as of March 31, 2023 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al  valuation.    Distributions and other statistics can be found in the
 2023 Report of the Actuary and the 2023 Annual  Comprehensive  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2023
 Annual Report to the  Comptroller  on  Actuarial  Assumptions,  and  the
 Codes,  Rules  and  Regulations  of  the  State  of  New York: Audit and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2023
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated  February  2,  2024,  and intended for use only
 during the 2024  Legislative  Session,  is  Fiscal  Note  No.  2024-118,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.
 S. 8306--C                         139                        A. 8806--C
 
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   As  it relates to the New York State Teacher's Retirement System, this
 bill would amend subdivisions a and b of Section 608 of  the  Retirement
 and Social Security Law to change the definition of final average salary
 for  Tier  6 members to be the same as that for Tier 3, 4 and 5 members.
 The final average salary for Tier 6 members would be based on any  three
 consecutive  years  which produce the highest average salary. Currently,
 the final average salary for Tier 6 members is  based  on  the  salaries
 earned during any five consecutive years which provide the highest aver-
 age  salary. Additionally, under the bill, as in Tier 3, 4 and 5, if the
 salary for any year used in the period exceeds that of  the  average  of
 the  prior two years by more than 10%, the amount in excess of 10% shall
 be excluded from the computation. Currently, under Tier 6, if the salary
 for any year used in the period exceeds that of the average of the prior
 four years by more than 10%, the amount in excess  of  10%  is  excluded
 from the computation.
   The  annual  cost  to  the  employers of members of the New York State
 Teachers' Retirement System for this benefit is estimated  to  be  $23.1
 million or 0.12% of payroll if this bill is enacted.
   The  System's "new entrant rate", a hypothetical employer contribution
 rate that would occur if we started a new Retirement System without  any
 assets, is equal to 5.31% of pay under the current Tier 6 benefit struc-
 ture.  This can be thought of as the long-term expected employer cost of
 Tier 6, based on current actuarial assumptions. For the proposed  change
 to  the  Tier 6 benefit structure under this bill, this new entrant rate
 is estimated to increase to 5.55% of pay, an increase of 0.24% of pay.
   Member data is from the System's most recent actuarial valuation files
 as of June 30, 2023, consisting of data provided by the employers to the
 Retirement System.  The most recent data  distributions  and  statistics
 can  be  found  in the System's Annual Report for fiscal year ended June
 30, 2023. System assets are as reported in the System's financial state-
 ments and can also be found in the  System's  Annual  Report.  Actuarial
 assumptions and methods are provided in the System's Actuarial Valuation
 Report as of June 30, 2023.
   The  source  of this estimate is Fiscal Note 2024-17 dated February 2,
 2024 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2024
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 New  York State Teachers' Retirement System. I am a member of the Ameri-
 can Academy of Actuaries and I meet the Qualification Standards  of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY: This proposed legislation, as it relates to the New York City
 Retirement Systems and Pension Funds (NYCRS), would increase  the  Final
 Average Salary used to calculate pension benefits for certain Tier 3 and
 Tier  6 members of NYCRS by reducing the number of years included in the
 average from five years to three years.

          EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS
           by Fiscal Year for the first 25 years ($ in Millions)
 
   Year    NYCERS   TRS     BERS   POLICE   FIRE   TOTAL
   2025    67.2     56.2    5.7    47.8     19.4   196.3
   2026    63.9     54.9    5.9    44.2     21.3   190.2
   2027    68.0     57.8    6.2    49.2     23.3   204.5
 S. 8306--C                         140                        A. 8806--C
 
   2028    72.2     60.9    6.5    54.8     25.5   219.9
   2029    76.5     64.2    6.9    60.2     27.8   235.6
   2030    80.8     67.7    7.2    66.0     30.2   251.9
   2031    85.2     71.4    7.6    71.4     32.7   268.3
   2032    89.5     75.4    7.9    76.0     35.3   284.1
   2033    93.9     79.6    8.3    80.5     38.0   300.3
   2034    98.5     84.1    8.7    85.0     40.8   317.1
   2035    103.0    88.9    9.0    89.4     43.7   334.0
   2036    107.6    93.9    9.4    93.8     46.7   351.4
   2037    112.2    99.2    9.8    98.4     49.8   369.4
   2038    116.9    104.8   8.0    103.4    53.1   386.2
   2039    121.7    110.8   8.5    108.5    56.3   405.8
   2040    103.5    116.9   8.9    113.4    59.6   402.3
   2041    108.2    123.3   9.3    107.4    63.0   411.2
   2042    113.0    129.7   9.7    112.3    66.4   431.1
   2043    117.8    136.1   10.2   117.3    64.2   445.6
   2044    122.7    123.8   10.6   122.3    67.6   447.0
   2045    127.6    130.1   11.1   127.4    70.9   467.1
   2046    132.6    136.4   11.5   132.5    74.2   487.2
   2047    137.7    142.5   12.0   137.6    77.4   507.2
   2048    142.9    148.6   12.5   142.9    80.7   527.6
   2049    148.1    154.8   13.0   148.4    83.9   548.2

   Employer  Contribution  impact  beyond  Fiscal Year 2049 is not shown.
 Projected contributions include future new hires that may be impacted.
 
   The initial increase in employer contributions of  $196.3  million  is
 estimated  to  be $163.2 million for New York City and $33.1 million for
 the other obligors of NYCRS.
 
            INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES
                    as of June 30, 2023 ($ in Millions)
 
 Present Value (PV)             NYCERS  TRS    BERS   POLICE  FIRE
 PV of Benefits:                633.8   666.9  53.3   570.7   279.6
 PV of Employee Contributions:    0.0     0.0   0.0     0.0     0.0
 PV of Employer Contributions:  633.8   666.9  53.3   570.7   279.6
 Unfunded Accrued Liabilities:  207.9   189.6  17.8   105.3    53.8
 
                AMORTIZATION OF UNFUNDED ACCRUED LIABILITY

                                NYCERS  TRS    BERS   POLICE  FIRE
 Number of Payments:              15      19     13     16      18
 Fiscal Year of Last Payment:   2039    2043   2037   2040    2042
 Amortization Payment:          22.9 M  18.6 M  2.2 M 10.8 M   5.5 M
 Additional One-time Payment:    7.0 M   4.0 M  0.0 M  7.5 M   0.0 M
 
   Unfunded Accrued Liability (UAL) increases  for  active  members  were
 amortized over the expected remaining working lifetime of those impacted
 by  the benefit changes using level dollar payments. UAL attributable to
 terminated vested members was recognized in the first year.
   CENSUS DATA: The estimates presented herein are based  on  preliminary
 census  data  collected  as  of  June  30, 2023. The census data for the
 impacted population is summarized below.
 S. 8306--C                         141                        A. 8806--C
 
                        NYCERS    TRS       BERS      POLICE    FIRE
 Active Members
 - Number Count:        92,737    60,663    12,932    20,089    5,030
 - Average Age:         42.1      38.1      46.9      32.7      33.5
 - Average Service:     4.6       5.0       4.0       6.1       5.5
 - Average Salary:      80,600    80,000    56,200    107,400   112,400
 Term. Vested Members
 - Number Count:        4,274     3,999     397       887       9
 - Average Age:         41.5      37.9      44.6      34.6      37.6
 
   IMPACT  ON  MEMBER  BENEFITS: Currently, Final Average Salary (FAS) is
 based on a five-year average, with each year's salary limited to 110% of
 the average of the prior four year's salaries for the following groups:
   * Tier 3 and Tier 6 members who joined NYCRS  on  or  after  April  1,
 2012, and
   *  Tier 3 enhanced members of POLICE and FIRE who retire for disabili-
 ty.
   Under the proposed legislation, the FAS  for  such  members  would  be
 based  on  a three-year average, with each year's salary limited to 110%
 of the average of the prior two year's salaries (prior four year's sala-
 ries for NYCERS and BERS).
   The five-year FAS for enhanced disability benefits for Corrections and
 Sanitation members of NYCERS is provided as part of an  agreement  under
 Retirement  and  Social Security Law Article 25 and is assumed to remain
 unchanged by this proposed legislation.
   ASSUMPTIONS AND METHODS: The  estimates  presented  herein  have  been
 calculated  based  on the Revised 2021 Actuarial Assumptions and Methods
 of the impacted retirement systems. In addition:
   * New entrants were assumed to replace exiting members so  that  total
 payroll increases by 3% each year for impacted groups. New entrant demo-
 graphics were developed based on data for recent new hires and actuarial
 judgement.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the actuarial assumptions, methods,  and  models  used,  demo-
 graphics  of  the impacted population, and other factors such as invest-
 ment, contribution, and other risks. If actual experience deviates  from
 actuarial   assumptions,  the  actual  costs  could  differ  from  those
 presented herein. Quantifying these risks is beyond the  scope  of  this
 Fiscal Note.
   This  Fiscal  Note  is intended to measure pension-related impacts and
 does not include other potential costs (e.g., administrative  and  Other
 Postemployment Benefits).
   STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov-
 sky  are members of the Society of Actuaries and the American Academy of
 Actuaries. We are members of NYCERS but do not believe  it  impairs  our
 objectivity  and  we  meet  the  Qualification Standards of the American
 Academy of Actuaries to render the actuarial opinion  contained  herein.
 To  the  best  of  our knowledge, the results contained herein have been
 prepared in accordance with generally accepted actuarial principles  and
 procedures  and  with  the Actuarial Standards of Practice issued by the
 Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-10 dated February 2,
 2024 was prepared by the Chief Actuary for the New York City  Retirement
 Systems and Pension Funds. This estimate is intended for use only during
 the 2024 Legislative Session.
 S. 8306--C                         142                        A. 8806--C
 
                                  PART RR
 
   Section  1.  Paragraph  (a) of subdivision 2 of section 452 of the tax
 law, as added by chapter 32 of the laws of 2016, is amended to  read  as
 follows:
   (a)  [eight  and one-half] THREE percent of gross receipts from ticket
 sales; and
   § 2. This act shall take effect December 1, 2024, and shall  apply  to
 gross receipts from ticket sales for combative sports matches or exhibi-
 tions held on or after such date.
 
                                  PART SS
 
   Section 1. Legislative findings. The legislature finds that a historic
 windmill is located on the Southampton campus of the state university of
 New York at Stony Brook ("Stony Brook").
   The  Windmill  was  constructed  in  1714  and has been at its current
 location in  Shinnecock  Hills  since  1888,  when  it  was  saved  from
 destruction  from  its  location  in the Village of Southampton by Janet
 Hoyt, the wife of William Hoyt, the builder of the Shinnecock Inn. Janet
 Hoyt, together with Samuel Parrish, founded the Summer School of Art. It
 is the only windmill of three in Southampton Village that  survived.  It
 has been in its current location for 136 years.
   In  the summer of 1957, Tennessee Williams resided there when he wrote
 the play "The Day on Which a Man Dies" about the  death  of  his  friend
 Jackson  Pollock.  The  Library Association of America officially desig-
 nated the Windmill, at its current location, as a literary  landmark  in
 2013.
   In  1963, when Long Island University established Southampton College,
 the Windmill became the symbol  of  the  new  campus.  The  Windmill  is
 beloved by thousands of former students, faculty, and administrators who
 rightly  associate  it with the very identity of the school. The College
 newspaper was aptly named "The  Windmill".  The  Windmill  has  been  on
 everything  related to the college including sports uniforms, yearbooks,
 apparel, and assorted memorabilia.
   In 2006, Stony Brook University acquired the campus and has  continued
 the  legacy  of  providing quality education to the residents of eastern
 Long Island. In 2009, Stony Brook led the  effort  to  rehabilitate  the
 Windmill.  The  Windmill  and  the adjacent water view quad have been in
 continuous use hosting innumerable events, readings, receptions,  orien-
 tations,  celebrations,  workshops,  and fundraising dinners. The annual
 Windmill Lighting during the holiday season continues to be an East  End
 tradition.
   The  current  president of Stony Brook University recently stated that
 "the Stony Brook University campus community is proud to be the caretak-
 er of the Windmill, a cherished historical icon that has existed in  its
 current location for over a century".
   However,  in  recent years, the Windmill has fallen into disrepair due
 to lack of maintenance and was condemned by  the  New  York  State  fire
 marshal  in 2023. It is imperative that this historic structure be reha-
 bilitated and restored so that it can  continue  to  be  the  "cherished
 historical icon" and symbol of the Southampton campus.
   The  legislature further finds that the best alternative to secure the
 future of the Windmill is through a partnership with the town of  South-
 ampton  by providing funds for the rehabilitation and restoration of the
 Windmill through the town community  preservation  fund.  To  accomplish
 S. 8306--C                         143                        A. 8806--C
 
 this  partnership  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 with the Town of Southampton to
 make  available  certain  grounds and facilities of Stony Brook's campus
 will best affect this partnership for the benefit of  Stony  Brook,  the
 surrounding community, and the general public.
   §  2. Notwithstanding any other law to the contrary, the state univer-
 sity trustees are hereby authorized and empowered,  without  any  public
 bidding,  to  lease and otherwise contract to make available to the town
 of Southampton, a municipal corporation (the "ground lessee"), a portion
 of the lands of the university  on  its  Southampton  campus,  generally
 described  in  this  act for the purpose of rehabilitating and restoring
 the historic Windmill located on such campus.  Such  lease  or  contract
 shall  be  for  a  period not exceeding 100 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. If 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 there-
 on 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  improve-
 ments  thereon  shall  revert to the state university of New York on the
 expiration of such contract or lease.
   § 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 deemed
 public work and 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, and compliance with all the
 provisions of article 8 of the  labor  law  shall  be  required  of  any
 lessee, sublessee, contractor or subcontractor on the project, including
 the enforcement of prevailing wage requirements by the fiscal officer as
 defined  in paragraph e of subdivision 5 of section 220 of the labor law
 to the same extent as a contract of the state.
   § 5. Notwithstanding any law, rule or regulation to the contrary,  the
 state  university  of  New  York  shall  not contract out to the town of
 Southampton or any subsidiary for the  instruction  or  any  pedagogical
 functions  or  services,  or  any  administrative  services, and similar
 professional services currently being performed by state employees.  All
 such functions and services shall be performed by state employees pursu-
 ant  to  the  civil service law. Nothing in this act shall result in the
 displacement of any currently employed state worker or the loss of posi-
 tion (including partial displacement such as reduction in the  hours  of
 nonovertime,  wages or employment benefits), or result in the impairment
 S. 8306--C                         144                        A. 8806--C
 
 of existing contracts  for  services  or  collective  bargaining  rights
 pursuant  to  existing  agreements. All positions currently at the state
 university of New York in the unclassified service of the civil  service
 law shall remain in the unclassified service. No services or work on the
 property  described  in this act currently performed by public employees
 or future work that is similar in scope and nature  to  the  work  being
 currently  performed  by  public  employees  shall  be contracted out or
 privatized by the state university of New York or by an affiliated enti-
 ty or associated entity of the state university of New  York.  All  such
 future work shall be performed by public employees.
   § 6. For the purposes of this act:
   (a)  "project"  shall mean work at the property authorized by this act
 to be leased to the town of Southampton as described in  section  twelve
 of  this  act  that  involves  the design, construction, reconstruction,
 demolition, excavating, rehabilitation, repair,  renovation,  alteration
 or improvement of such property.
   (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
 bargaining agreement between a  contractor  and  a  labor  organization,
 establishing  the labor organization as the collective bargaining repre-
 sentative for all persons who will perform  work  on  the  project,  and
 which  provides that only contractors and subcontractors who sign a pre-
 negotiated agreement with the labor  organization  can  perform  project
 work.
   §  7. Notwithstanding the provisions of any general, special, or local
 law or judicial decision to the contrary: (a) the  town  of  Southampton
 may  require a contractor awarded a contract, subcontract, lease, grant,
 bond, covenant or other agreement for a project to enter into a  project
 labor  agreement during and for the work involved with such project when
 such requirement is part of the ground lessee's  request  for  proposals
 for the project and when the state university of New York at Stony Brook
 determines that the record supporting the decision to enter into such an
 agreement  establishes  that  the  interests  underlying the competitive
 bidding laws are best met by requiring a project labor agreement includ-
 ing obtaining the best work at the  lowest  possible  price;  preventing
 favoritism,  fraud  and corruption; the impact of delay; the possibility
 of cost savings; and any local history of labor unrest.
   (b) If the state university of  New  York  at  Stony  Brook  does  not
 require  a  project labor agreement, then any contractor, subcontractor,
 lease, grant, bond, covenant or other agreements for a project shall  be
 awarded pursuant to section 135 of the state finance law.
   § 8. Nothing in this act shall be deemed to waive or impair any rights
 or benefits of employees of the state university of New York that other-
 wise  would  be  available  to  them pursuant to the terms of agreements
 between the certified representatives of such employees and the state of
 New York pursuant to article 14 of  the  civil  service  law;  all  work
 performed on such property that ordinarily would be performed by employ-
 ees  subject to article 14 of the civil service law shall continue to be
 performed by such employees.
   § 9. 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
 S. 8306--C                         145                        A. 8806--C
 
 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.
   §  10.  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.
   §  11.  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.
   §  12.  The property authorized by this act to be leased to the ground
 lessee is generally described as  that  parcel  of  real  property  with
 improvements  thereon  consisting  of a total of .2296 acres situated on
 the Southampton campus of the state university  of  New  York  at  Stony
 Brook.
 The  description  in  this  section  of  the parcel to be made available
 pursuant to this act is not meant to be  a  legal  description,  but  is
 intended only to identify the parcel:
 BEGINNING  AT A POINT WITHIN CURRENT LOT 1 OF BLOCK 1, SECTION 211 BEING
 DISTANT 1756.22 FEET ONBEARING OF SOUTH 54 DEGREES 34 MINUTES 13 SECONDS
 WEST FROM THE INTERSECTION OF THE WESTERLYSIDELINE OF TUCKAHOE ROAD  (50
 FEET  WIDE) WITH THE SOUTHERLY SIDELINE OF LOT 9 OF BLOCK 6, SECTION 211
 BEING THE LANDS NOW OR FORMERLY  OF  THE  MTA-LIRR  RAILROAD.  THE  SAID
 BEGINNING  POINT  HAVING  STATEPLANE  COORDINATE VALUES (NAD83) OF NORTH
 266595.6968 AND EAST 1414088.8790, AND RUNNING FROM THE  SAID  POINT  OF
 BEGINNING;
 THENCE  RUNNING  THROUGH  SAID SECTION 211, BLOCK 1, LOT 1 THE FOLLOWING
 FOUR (4) COURSES:
 (1) DUE SOUTH, A DISTANCE OF 100.00 FEET; THENCE
 (2) DUE WEST, A DISTANCE OF 100.00 FEET; THENCE
 (3) DUE NORTH, A DISTANCE OF 100.00 FEET; THENCE
 (4) DUE EAST, A DISTANCE OF 100.00 FEET TO THE POINT AND PLACE OF BEGIN-
 NING.
 CONTAINING: 10,000 SQUARE FEET OR 0.2296 ACRES OF LAND. Subject  to  all
 existing easements and restrictions of record.
   § 13. 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.
   § 14. 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.
   § 15. This act shall take effect immediately.
 
                                  PART TT
 
   Section  1. Subdivision 1 of section 2799-gg of the public authorities
 law, as amended by chapter 182 of the laws of 2009, is amended  to  read
 as follows:
   1.  The  authority  shall have the power and is hereby authorized from
 time to time to issue bonds, in conformity with applicable provisions of
 the uniform commercial code, in such principal amounts as it may  deter-
 S. 8306--C                         146                        A. 8806--C
 
 mine  to  be  necessary pursuant to section twenty-seven hundred ninety-
 nine-ff of this title to pay  the  cost  of  any  project  and  to  fund
 reserves   to  secure  such  bonds,  including  incidental  expenses  in
 connection therewith.
   The  aggregate  principal  amount  of such bonds, notes or other obli-
 gations outstanding shall not exceed  [thirteen  billion,  five  hundred
 million  dollars  ($13,500,000,000)], BEGINNING JULY FIRST, TWO THOUSAND
 TWENTY-FOUR,     TWENTY-ONE  BILLION  FIVE   HUNDRED   MILLION   DOLLARS
 ($21,500,000,000)  AND  BEGINNING  JULY FIRST, TWO THOUSAND TWENTY-FIVE,
 TWENTY-SEVEN BILLION FIVE  HUNDRED  MILLION  DOLLARS  ($27,500,000,000),
 excluding  bonds, notes or other obligations issued pursuant to sections
 twenty-seven hundred ninety-nine-ss  and  twenty-seven  hundred  ninety-
 nine-tt  of  this  title;  provided, however, that upon any refunding or
 repayment of bonds (which term shall not, for this purpose, include bond
 anticipation notes), the total aggregate principal amount of outstanding
 bonds, notes or other obligations may be greater than [thirteen billion,
 five hundred million dollars ($13,500,000,000)], BEGINNING  JULY  FIRST,
 TWO  THOUSAND  TWENTY-FOUR,  TWENTY-ONE  BILLION  FIVE  HUNDRED  MILLION
 DOLLARS ($21,500,000,000), AND BEGINNING JULY FIRST, TWO THOUSAND  TWEN-
 TY-FIVE,    TWENTY-SEVEN    BILLION   FIVE   HUNDRED   MILLION   DOLLARS
 ($27,500,000,000), only if the refunding or repayment  bonds,  notes  or
 other  obligations  were  issued  in  accordance  with the provisions of
 subparagraph (a) of subdivision two of paragraph b of section  90.10  of
 the local finance law, as amended from time to time. Notwithstanding the
 foregoing, bonds, notes or other obligations issued by the authority may
 be  outstanding  in  an  amount greater than the amount permitted by the
 preceding sentence, provided that such additional  amount  at  issuance,
 together  with  the amount of indebtedness contracted by the city of New
 York, shall not exceed the limit prescribed by  section  104.00  of  the
 local  finance law. The authority shall have the power from time to time
 to refund any bonds of the authority by the issuance of new bonds wheth-
 er the bonds to be refunded have or have  not  matured,  and  may  issue
 bonds partly to refund bonds of the authority then outstanding and part-
 ly  to  pay  the  cost  of  any project pursuant to section twenty-seven
 hundred ninety-nine-ff of this title.  Bonds  issued  by  the  authority
 shall  be  payable  solely out of particular revenues or other moneys of
 the authority as may be designated in the proceedings of  the  authority
 under  which  the bonds shall be authorized to be issued, subject to any
 agreements entered into between the authority and the city, and  subject
 to  any  agreements  with  the holders of outstanding bonds pledging any
 particular revenues or moneys.
   § 2. For the purpose of achieving the class size targets, as  required
 by  section  211-d  of  the  education  law,  the city of New York shall
 increase planned spending  on  classroom  construction  by  two  billion
 dollars  ($2,000,000,000)  over  and  above the planned capital spending
 detailed in the February  2024  School  Construction  Authority  capital
 plan.
   §  3.  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 UU
 
   Section 1. Subdivision 5-a of section 1204 of the  public  authorities
 law,  as  amended by chapter 931 of the laws of 1984, is amended to read
 as follows:
 S. 8306--C                         147                        A. 8806--C
 
   5-a. To make, amend and repeal rules governing the conduct and  safety
 of  the public as it may deem necessary, convenient or desirable for the
 use and operation of the  transit  facilities  under  its  jurisdiction,
 including without limitation rules relating to the protection or mainte-
 nance  of  such  facilities,  the  conduct and safety of the public, the
 payment of fares or other lawful charges for the use of such facilities,
 the presentation or display of documentation  permitting  free  passage,
 reduced  fare  passage  or  full fare passage on such facilities and the
 protection of the revenue of the authority.   Violations of  such  rules
 shall  be  an  offense punishable by a fine of not exceeding twenty-five
 dollars or by imprisonment for not longer than ten days, or both, or may
 be punishable by the  imposition  by  the  transit  adjudication  bureau
 established  pursuant to the provisions of this title of a civil penalty
 in an amount for each violation not to exceed one hundred dollars OR, IN
 THE CASE OF CERTAIN REPEAT VIOLATIONS RELATING TO THE PAYMENT  OF  FARES
 IN  ACCORDANCE  WITH SUBDIVISION ELEVEN OF SECTION TWELVE HUNDRED NINE-A
 OF THIS TITLE, NOT TO EXCEED ONE HUNDRED FIFTY  DOLLARS  (IN  EACH  CASE
 exclusive  of  SUPPLEMENTAL PENALTIES, interest or costs assessed there-
 on), in accordance with a schedule of such penalties as may from time to
 time be established by rules of the authority.  Such schedule of  penal-
 ties  may provide for the imposition of [additional] SUPPLEMENTAL penal-
 ties, not to exceed a total of fifty dollars for  each  violation,  upon
 the  failure of a respondent in any proceeding commenced with respect to
 any  such  violation  to  make  timely  response  to  or  appearance  in
 connection  with a notice of violation of such rule or to any subsequent
 notice or order issued by the authority in such proceeding. There  shall
 be  no  penalty  or increment in fine by virtue of a respondent's timely
 exercise of [his] THEIR right to a hearing  or  appeal.  The  rules  may
 provide,  in  addition  to  any other sanctions, for the confiscation of
 tokens, tickets, cards or other fare media that have been forged,  coun-
 terfeit,  improperly  altered  or  transferred,  or  otherwise used in a
 manner inconsistent with such rules. THE AUTHORITY  SHALL  NOT  USE,  OR
 ARRANGE  FOR THE USE, OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT
 NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY, TO ENFORCE RULES  RELATING
 TO THE PAYMENT OF FARES.
   §  2.  Subdivisions  2,  3, 4, 5, 6, 7 and 10 of section 1209-a of the
 public authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended  by
 chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of
 subdivision  4  as  amended  by  chapter  460  of  the laws of 2015, are
 amended, and three new subdivisions 11, 12 and 13 are added to  read  as
 follows:
   2.  Hearing  officers.  The  president  of the authority shall appoint
 hearing officers who shall preside at hearings for the  adjudication  of
 charges  of  transit OR RAILROAD infractions, as hereinafter defined and
 the adjudication of allegations of liability for violations of the rules
 and regulations of the triborough bridge and tunnel authority in accord-
 ance with section two thousand nine hundred eighty-five of this chapter,
 and who, as provided below, may be designated to serve  on  the  appeals
 board  of  the bureau. Every hearing officer shall have been admitted to
 the practice of law in this state for a period of at least three  years,
 and  shall  be  compensated for [his] THEIR services on a per diem basis
 determined by the bureau.
   3. Jurisdiction. The bureau shall have, with respect to acts or  inci-
 dents  in  or  on the transit OR RAILROAD facilities of the authority OR
 THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  OR  A  SUBSIDIARY  THEREOF
 committed  by or involving persons who are sixteen years of age or over,
 S. 8306--C                         148                        A. 8806--C
 
 [or with respect to acts or incidents occurring on  omnibuses  owned  or
 operated  by  the  metropolitan transportation authority or a subsidiary
 thereof,] and with respect to violation of toll  collection  regulations
 of  the  triborough  bridge and tunnel authority as described in section
 twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic-
 tion over violations of: (a) the rules which may from time  to  time  be
 established  by the authority under subdivision five-a of section twelve
 hundred four of this chapter; (b) article one hundred thirty-nine of the
 health code of the city of New York, as it may be amended from  time  to
 time,  relating to public transportation facilities; (c) article four of
 the noise control code of the city of New York, as  it  may  be  amended
 from time to time, insofar as it pertains to sound reproduction devices;
 (d) the rules and regulations which may from time to time be established
 by  the  triborough  bridge  and tunnel authority in accordance with the
 provisions of section twenty-nine hundred eighty-five of  this  chapter;
 and (e) rules and regulations which may from time to time be established
 by  the metropolitan transportation authority or a subsidiary thereof in
 accordance with the provisions of section twelve  hundred  sixty-six  of
 this  chapter.  Matters  within  the  jurisdiction  of the bureau except
 violations of the rules and regulations of  the  triborough  bridge  and
 tunnel  authority shall be known for purposes of this section as transit
 OR RAILROAD  infractions,  AS  APPLICABLE.    Nothing  herein  shall  be
 construed  to divest jurisdiction from any court now having jurisdiction
 over any criminal charge or  traffic  infraction  relating  to  any  act
 committed  in  a transit or toll facility, or to impair the ability of a
 police officer to conduct a lawful search of a person in  a  transit  OR
 RAILROAD  facility.  The  criminal  court  of the city of New York shall
 continue to have  jurisdiction  over  any  criminal  charge  or  traffic
 infraction  brought  for  violation  of  the rules of the authority, the
 triborough bridge and tunnel authority or the  metropolitan  transporta-
 tion authority or a subsidiary thereof, as well as jurisdiction relating
 to  any  act which may constitute a crime or an offense under any law of
 the state of New York or any municipality or political subdivision ther-
 eof and which may also constitute a violation of such rules. The  bureau
 shall  have concurrent jurisdiction with the environmental control board
 and the administrative tribunal of the department  of  health  over  the
 aforesaid  provisions  of  the health code and noise control code of the
 city of New York.
   4. General powers. The bureau  shall  have  the  following  functions,
 powers and duties:
   a. To accept pleas (whether made in person or by mail) to, and to hear
 and  determine,  charges of transit AND RAILROAD infractions and allega-
 tions of civil liability pursuant to section two thousand  nine  hundred
 eighty-five of this chapter within its jurisdiction;
   b.  To  impose  civil  penalties [not to exceed a total of one hundred
 fifty dollars] AND TO ISSUE WARNINGS for any transit OR RAILROAD infrac-
 tion within its jurisdiction, in  accordance  with  a  penalty  schedule
 established by the authority or the metropolitan transportation authori-
 ty  or a subsidiary thereof, as applicable, AND THE CONDITIONS SET FORTH
 IN SUBDIVISIONS ELEVEN AND TWELVE OF THIS SECTION AND  SUBDIVISION  FOUR
 OF  SECTION TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE, except that penal-
 ties for violations of the health code of the city of New York shall  be
 in  accordance with the penalties established for such violations by the
 board of health of the city of New York, and penalties for violations of
 the noise code of the city of New York shall be in accordance  with  the
 penalties  established  for  such violations by law, and civil penalties
 S. 8306--C                         149                        A. 8806--C
 
 for violations of the rules and regulations of the triborough bridge and
 tunnel authority shall be in accordance with the  penalties  established
 for  such  violations by section twenty-nine hundred eighty-five of this
 chapter;
   c.  In  its  sole  discretion,  to suspend or forgive penalties or any
 portion of penalties imposed on the condition that the respondent volun-
 tarily agrees to perform and actually does satisfactorily perform unpaid
 services on transit OR RAILROAD facilities as assigned by the authority,
 such as, without limitation, cleaning of rolling stock;
   d. To adopt, amend and rescind rules and regulations not  inconsistent
 with  any  applicable provision of law to carry out the purposes of this
 section, including but not limited to rules and regulations  prescribing
 the  internal  procedures and organization of the bureau, the manner and
 time of entering pleas, the conduct of  hearings,  and  the  amount  and
 manner of payment of penalties;
   e.  To enter judgments and enforce them, without court proceedings, in
 the same manner as the enforcement of money judgments in civil  actions,
 as provided below;
   f.  To  compile and maintain complete and accurate records relating to
 all WARNINGS, charges and dispositions, which records  shall  be  deemed
 exempt  from  disclosure under the freedom of information law as records
 compiled for law enforcement purposes, AND PROVIDED THAT, IN THE ABSENCE
 OF AN ADDITIONAL VIOLATION, RECORDS OF A WARNING ISSUED TO AN INDIVIDUAL
 IN ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION  ELEVEN  OF  THIS  SECTION
 SHALL  BE SEALED OR EXPUNGED AS OF THE DATE THAT IS FOUR YEARS AFTER THE
 DATE THAT SUCH WARNING WAS ISSUED;
   g. To apply to a court of competent jurisdiction  for  enforcement  of
 any decision or order issued by such bureau or of any subpoena issued by
 a  hearing  officer  as  provided in paragraph d of subdivision seven of
 this section;
   h. To enter  into  contracts  with  other  government  agencies,  with
 private  organizations,  or  with individuals to undertake on its behalf
 such functions as data processing, debt collections, mailing, and gener-
 al administration, as the executive director deems  appropriate,  except
 that  the conduct by hearing officers of hearings and of appeals may not
 be performed by outside  contractors,  AND  THAT  BIOMETRIC  IDENTIFYING
 TECHNOLOGY,  INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION TECHNOLOGY,
 MAY NOT BE USED OR ARRANGED FOR USE BY OUTSIDE CONTRACTORS TO ENFORCE OR
 PROCESS TRANSIT AND RAILROAD INFRACTIONS  RELATING  TO  THE  PAYMENT  OF
 FARES;
   i.  To  accept payment of penalties and to remit same to the authority
 or the metropolitan transportation authority or a subsidiary thereof, as
 applicable; and
   j. To adjudicate the liability of motor vehicle owners for  violations
 of  rules  and regulations established in accordance with the provisions
 of section two thousand nine hundred eighty-five of this chapter.
   5. Notices of violation.  The  bureau  shall  prepare  and  distribute
 notices of violation in blank to the transit police and any other person
 empowered  by  law,  rule and regulation to serve such notices. The form
 and wording of the notice of violation shall be prescribed by the execu-
 tive director, and it may be the same as any other notice  of  violation
 or summons form already in use if said form meets the requirements here-
 of. The notice of violation may include provisions to record information
 which  will  facilitate  the identification and location of respondents,
 including but not limited to name, address, telephone numbers,  date  of
 birth,  social  security  number if otherwise permitted by law, place of
 S. 8306--C                         150                        A. 8806--C
 
 employment or school, and name and address of parents or guardian  if  a
 minor.  Notices  of  violation  shall  be issued only to persons who are
 sixteen years of age or over, and shall  be  served  by  delivering  the
 notice  within  the  state  to  the  person to be served. A copy of each
 notice of violation served hereunder shall be filed and retained by said
 bureau, and shall be deemed a record kept  in  the  ordinary  course  of
 business, and, if sworn to or affirmed, shall be prima facie evidence of
 the  facts  contained  therein.  Said  notice of violation shall contain
 information advising the person charged of the manner and the time with-
 in which such person may either admit or deny the offense charged in the
 notice. Such notice of violation shall also contain a warning to  advise
 the  person  charged  that failure to plead in the manner and within the
 time stated in the notice may result in a  default  decision  and  order
 being  entered  against  such person, and the imposition of supplemental
 penalties as provided in subdivision five-a of  section  twelve  hundred
 four  OR  SUBDIVISION  FOUR  OF SECTION TWELVE HUNDRED SIXTY-SIX of this
 chapter. A notice of violation shall not be deemed to  be  a  notice  of
 liability  issued  pursuant to section two thousand nine hundred eighty-
 five of this chapter.
   6. Defaults. Where a respondent has failed to plead  to  a  notice  of
 violation  or  to  a  notice of liability issued pursuant to section two
 thousand nine hundred  eighty-five  of  this  chapter  within  the  time
 allowed  by the rules of said bureau or has failed to appear on a desig-
 nated hearing date or a subsequent date following an  adjournment,  such
 failure  to  plead or appear shall be deemed, for all purposes, to be an
 admission of liability and shall be  grounds  for  rendering  a  default
 decision  and  order  imposing  a  penalty  in  such  amount  as  may be
 prescribed by the authority OR THE METROPOLITAN TRANSPORTATION AUTHORITY
 OR A SUBSIDIARY THEREOF.
   7. Hearings. a. (1) A  person  charged  with  a  transit  OR  RAILROAD
 infraction  returnable to the bureau or a person alleged to be liable in
 accordance with the provisions of  section  two  thousand  nine  hundred
 eighty-five  of  this  chapter  who  contests  such  allegation shall be
 advised of the date on or by which [he or she] SUCH PERSON  must  appear
 to  answer  the  charge at a hearing.  Notification of such hearing date
 shall be given either in the notice of  violation  or  in  a  form,  the
 content  of  which shall be prescribed by the executive director or in a
 manner prescribed in section two thousand nine  hundred  eighty-five  of
 this  chapter.  Any  such notification shall contain a warning to advise
 the person charged that failure to appear on or by the date  designated,
 or any subsequent rescheduled or adjourned date, shall be deemed for all
 purposes,  an admission of liability, and that a default judgment may be
 rendered and penalties may be imposed.  Where notification is given in a
 manner other than in the notice of violation, the bureau  shall  deliver
 such notice to the person charged, either personally or by registered or
 certified mail.
   (2) Whenever a person charged with a transit OR RAILROAD infraction or
 alleged  to  be  liable in accordance with the provisions of section two
 thousand nine hundred eighty-five of  this  chapter  returnable  to  the
 bureau  requests an alternate hearing date and is not then in default as
 defined in subdivision six of this section, the bureau shall advise such
 person personally, or by registered or certified mail, of the  alternate
 hearing  date  on  or  by  which  [he or she] SUCH PERSON must appear to
 answer the charge or allegation at a hearing. The form  and  content  of
 such  notice  of  hearing shall be prescribed by the executive director,
 and shall contain a warning to advise the person charged or  alleged  to
 S. 8306--C                         151                        A. 8806--C
 
 be liable that failure to appear on or by the alternate designated hear-
 ing  date,  or  any  subsequent  rescheduled or adjourned date, shall be
 deemed for all purposes an admission of liability, and  that  a  default
 judgment may be rendered and penalties may be imposed.
   (3) Whenever a person charged with a transit OR RAILROAD infraction or
 alleged  to  be  liable in accordance with the provisions of section two
 thousand nine hundred eighty-five of  this  chapter  returnable  to  the
 bureau  appears  at  a hearing and obtains an adjournment of the hearing
 pursuant to the rules of the bureau, the bureau shall advise such person
 personally, or by registered or certified mail, of the adjourned date on
 which [he or she] SUCH PERSON must appear to answer the charge or  alle-
 gation  at a continued hearing. The form and content of such notice of a
 continued hearing shall be prescribed by  the  executive  director,  and
 shall  contain  a  warning to advise the person charged or alleged to be
 liable that failure to appear on the adjourned  hearing  date  shall  be
 deemed  for  all  purposes an admission of liability, and that a default
 judgment may be rendered and penalties may be imposed.
   b. Every hearing for the adjudication of a  charge  of  a  transit  OR
 RAILROAD  infraction  or  an  allegation  of liability under section two
 thousand nine hundred eighty-five of this  chapter  hereunder  shall  be
 held  before  a  hearing  officer in accordance with the rules and regu-
 lations promulgated by the bureau.
   c. The hearing officer shall not be bound by the rules of evidence  in
 the conduct of the hearing, except rules relating to privileged communi-
 cations.
   d.  The  hearing  officer may, in [his or her] THEIR discretion, or at
 the request of the person charged or alleged to be liable on  a  showing
 of  good  cause and need therefor, issue subpoenas to compel the appear-
 ance of any person to give testimony, and issue subpoenas duces tecum to
 compel the production for examination or introduction into  evidence  of
 any book, paper or other thing relevant to the charges.
   e.  In  the  case of a refusal to obey a subpoena, the bureau may make
 application to  the  supreme  court  pursuant  to  section  twenty-three
 hundred  eight of the civil practice law and rules, for an order requir-
 ing such appearance, testimony or production of materials.
   f. The bureau shall make and  maintain  a  sound  recording  or  other
 record of every hearing.
   g.  After due consideration of the evidence and arguments, the hearing
 officer shall determine whether the charges  or  allegations  have  been
 established. No charge may be established except upon proof by clear and
 convincing evidence except allegations of civil liability for violations
 of  triborough bridge and tunnel authority rules and regulations will be
 established in accordance with the provisions of  section  two  thousand
 nine  hundred  eighty-five  of  this chapter. Where the charges have not
 been established, an order dismissing the charges or  allegations  shall
 be  entered.  Where  a determination is made that a charge or allegation
 has been established or if an answer admitting the charge or  allegation
 has been received, the hearing officer shall set a penalty in accordance
 with  the penalty schedule established by the authority OR THE METROPOL-
 ITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES, or for allegations of
 civil liability in accordance with the provisions of section  two  thou-
 sand  nine  hundred eighty-five of this chapter and an appropriate order
 shall be entered in the records of the bureau. The respondent  shall  be
 given  notice  of  such entry in person or by certified mail. This order
 shall constitute the final determination of the hearing officer, and for
 purposes of review it shall be deemed to  incorporate  any  intermediate
 S. 8306--C                         152                        A. 8806--C
 
 determinations  made  by  said  officer in the course of the proceeding.
 When no appeal is filed this order shall  be  the  final  order  of  the
 bureau.
   10.  Funds. All penalties collected pursuant to the provisions of this
 section shall be paid to the authority to the credit of a transit  crime
 fund which the authority shall establish. Any sums in this fund shall be
 used  to  pay  for  programs  selected  by the board of the METROPOLITAN
 TRANSPORTATION authority, in its discretion, to reduce the incidence  of
 crimes and infractions on transit AND RAILROAD facilities, or to improve
 the  enforcement of laws against such crimes and infractions. Such funds
 shall be in addition to and not in substitution for any  funds  provided
 by  the state or ANY POLITICAL SUBDIVISION WITHIN the [city of New York]
 METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS ESTABLISHED BY  SECTION
 TWELVE HUNDRED SIXTY-TWO OF THIS ARTICLE for such purposes.
   11.  CIVIL  PENALTIES  RELATING TO PAYMENT OF TRANSIT FARE VIOLATIONS.
 CIVIL PENALTIES IMPOSED BY THE BUREAU IN CONNECTION WITH A VIOLATION  BY
 A RESPONDENT OF THE RULES OF THE AUTHORITY OR THE MTA BUS COMPANY RELAT-
 ING TO THE PAYMENT OF FARES SHALL ADHERE TO THE FOLLOWING CONDITIONS:
   A.  A  VIOLATION  THAT  IS  THE  FIRST  SUCH VIOLATION BY A RESPONDENT
 COMMITTED IN ANY FOUR YEAR  PERIOD  SHALL,  ABSENT  EXCEPTIONAL  CIRCUM-
 STANCES  INCLUDING A CONCURRENT VIOLATION OR VIOLATIONS BY SUCH INDIVID-
 UAL OF THE PENAL LAW OR THE RULES OF CONDUCT OF THE NEW YORK CITY TRANS-
 IT AUTHORITY OR THE MTA BUS COMPANY WHICH CAUSES OR MAY  TEND  TO  CAUSE
 HARM  TO ONESELF OR TO ANY OTHER PERSON, OR TO THE SAFE OPERATION OF THE
 TRANSIT SYSTEM, BE PUNISHABLE ONLY BY AN OFFICIAL WRITTEN WARNING ISSUED
 ACCORDING TO AND GOVERNED BY THE RULES OF THE AUTHORITY IN ALL RESPECTS;
 PROVIDED THAT SUCH WARNING SHALL NOT BE USED FOR ANY PURPOSE OTHER  THAN
 AS A PREDICATE TO THE IMPOSITION BY THE TRANSIT ADJUDICATION BUREAU OF A
 CIVIL  PENALTY  ON  SUCH  RESPONDENT PURSUANT TO THIS SUBDIVISION IN THE
 EVENT OF A SUBSEQUENT VIOLATION, AND PROVIDED FURTHER THAT SUCH INFORMA-
 TION SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL  OR  CRIMINAL
 PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMINISTRATIVE OR ADJUDI-
 CATORY  BODY  IN  ANY  ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS
 NECESSARY FOR THE ADJUDICATION OF THE NOTICE OF  VIOLATION  PURSUANT  TO
 THIS  SUBDIVISION  OR FOR INSPECTION AND COPYING AND USE BY THE RESPOND-
 ENT.
   B. A PENALTY FOR A VIOLATION THAT IS THE SECOND SUCH  VIOLATION  BY  A
 RESPONDENT  COMMITTED  IN  ANY  FOUR  YEAR  PERIOD  SHALL NOT EXCEED ONE
 HUNDRED DOLLARS (EXCLUSIVE OF SUPPLEMENTAL PENALTIES, INTEREST OR  COSTS
 ASSESSED  THEREON).  UPON  PAYMENT  BY SUCH RESPONDENT OF THE PENALTY IN
 FULL BY THE DATE DUE FOR SUCH PAYMENT, ABSENT EXCEPTIONAL  CIRCUMSTANCES
 AS  SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION, THE BUREAU SHALL ISSUE
 A FARECARD TO THE RESPONDENT FOR USE ON TRANSIT FACILITIES IN AN  AMOUNT
 NOT TO EXCEED ONE-HALF OF THE PENALTY AMOUNT.
   C.  A  PENALTY  FOR  A  VIOLATION THAT IS THE THIRD OR SUBSEQUENT SUCH
 VIOLATION BY A RESPONDENT COMMITTED IN ANY FOUR YEAR  PERIOD  SHALL  NOT
 EXCEED  ONE  HUNDRED FIFTY DOLLARS (EXCLUSIVE OF SUPPLEMENTAL PENALTIES,
 INTEREST OR COSTS ASSESSED THEREON).
   D. IN THE CASE OF A VIOLATION BY A RESPONDENT WHO AT THE TIME OF  SUCH
 VIOLATION IS ENROLLED IN THE FAIR FARES PROGRAM ADMINISTERED BY THE CITY
 OF  NEW  YORK  AND  PROVIDES TO THE BUREAU PROOF OF SUCH ENROLLMENT, THE
 PENALTY AMOUNT FOR SUCH VIOLATION SHALL NOT EXCEED FIFTY PERCENT OF  THE
 PENALTY  AMOUNT APPLICABLE TO SUCH VIOLATION PURSUANT TO THE SCHEDULE OF
 SUCH PENALTIES AS MAY FROM TIME TO TIME BE ESTABLISHED BY RULES  OF  THE
 AUTHORITY  IN ACCORDANCE WITH PARAGRAPHS A THROUGH C OF THIS SUBDIVISION
 S. 8306--C                         153                        A. 8806--C
 
 (EXCLUSIVE OF SUPPLEMENTAL PENALTIES, INTEREST OR COSTS ASSESSED  THERE-
 ON).
   E.  NOTWITHSTANDING  PARAGRAPHS  A  THROUGH D OF THIS SUBDIVISION, THE
 BUREAU SHALL FORGIVE PENALTIES OR ANY PORTION OF PENALTIES IMPOSED ON  A
 RESPONDENT  FOR  A VIOLATION OF THE RULES OF THE AUTHORITY OR OF THE MTA
 BUS COMPANY RELATING TO THE PAYMENT OF FARES ON THE CONDITION  THAT  THE
 RESPONDENT ENROLLS IN THE FAIR FARES PROGRAM ADMINISTERED BY THE CITY OF
 NEW YORK AND PROVIDES TO THE BUREAU PROOF OF SUCH ENROLLMENT.
   12.  CIVIL  PENALTIES RELATING TO PAYMENT OF RAILROAD FARE VIOLATIONS.
 CIVIL PENALTIES IMPOSED BY THE BUREAU IN CONNECTION WITH A VIOLATION  BY
 A RESPONDENT OF THE RULES OF THE AUTHORITY OR THE METROPOLITAN TRANSPOR-
 TATION  AUTHORITY  OR ANY OF ITS SUBSIDIARIES RELATING TO THE PAYMENT OF
 FARES TO THE METRO-NORTH RAILROAD AND LONG ISLAND RAIL ROAD SHALL ADHERE
 TO THE FOLLOWING CONDITIONS:
   A. IN THE CASE OF A VIOLATION BY A RESPONDENT WHO AT THE TIME OF  SUCH
 VIOLATION IS ENROLLED IN THE FAIR FARES PROGRAM ADMINISTERED BY THE CITY
 OF  NEW  YORK  AND  PROVIDES TO THE BUREAU PROOF OF SUCH ENROLLMENT, THE
 PENALTY AMOUNT FOR SUCH VIOLATION SHALL NOT EXCEED FIFTY PERCENT OF  THE
 PENALTY  AMOUNT APPLICABLE TO SUCH VIOLATION PURSUANT TO THE SCHEDULE OF
 SUCH PENALTIES AS MAY FROM TIME TO TIME BE ESTABLISHED BY RULES  OF  THE
 AUTHORITY OR METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OF ITS SUBSID-
 IARIES.
   B.  NOTWITHSTANDING  THE  RULES  OF  THE AUTHORITY OR THE METROPOLITAN
 TRANSPORTATION AUTHORITY OR ANY OF ITS SUBSIDIARIES,  THE  BUREAU  SHALL
 FORGIVE  PENALTIES  OR  ANY PORTION OF PENALTIES IMPOSED ON A RESPONDENT
 FOR A VIOLATION OF THE RULES OF THE AUTHORITY  OR  OF  THE  METROPOLITAN
 TRANSPORTATION  AUTHORITY  OR  ANY  OF  ITS SUBSIDIARIES RELATING TO THE
 PAYMENT OF FARES TO THE METRO-NORTH RAILROAD OR LONG ISLAND RAIL ROAD ON
 THE CONDITION THAT THE RESPONDENT ENROLLS  IN  THE  FAIR  FARES  PROGRAM
 ADMINISTERED BY THE CITY OF NEW YORK AND PROVIDES TO THE BUREAU PROOF OF
 SUCH ENROLLMENT.
   13. REPORTING. WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION,  THE  METROPOLITAN TRANSPORTATION AUTHORITY SHALL BEGIN PUBLISHING
 THROUGH THE OPEN DATA WEBSITE ESTABLISHED UNDER SECTION  TWELVE  HUNDRED
 SEVENTY-NINE-I  OF THIS ARTICLE, DATA REGARDING FARE EVASION INFRACTIONS
 ADJUDICATED BY THE BUREAU, INCLUDING WITHOUT LIMITATION  THE  NUMBER  OF
 TRANSIT  AND  RAILROAD  INFRACTIONS ISSUED BY LOCATION INCLUDING, TO THE
 EXTENT ASCERTAINABLE, THE SUBWAY STOP, BUS ROUTE AND/OR STOP IF APPLICA-
 BLE, THE NUMBER AND PERCENTAGE OF TRANSIT OR  RAILROAD  INFRACTIONS  FOR
 WHICH A WRITTEN WARNING WAS ISSUED BROKEN DOWN BY LOCATION INCLUDING, TO
 THE  EXTENT  ASCERTAINABLE,  THE  SUBWAY  STOP, BUS ROUTE AND/OR STOP IF
 APPLICABLE, THE DATE AND TIME OF DAY OF EACH INFRACTION, THE NUMBER  AND
 PERCENTAGE  OF  TRANSIT  AND  RAILROAD  INFRACTIONS  ISSUED  WHEREIN THE
 INFRACTION WAS A SECOND OR SUBSEQUENT  INFRACTION  ALLEGED  AGAINST  THE
 RESPONDENT,  AND  SUCH OTHER INFORMATION AS THE AUTHORITY OR BUREAU DEEM
 APPROPRIATE.  NO IDENTIFIABLE INFORMATION  ABOUT  INDIVIDUAL  VIOLATIONS
 SHALL BE PUBLISHED IN SUCH REPORTING.
   §  3.  Subdivision 4 of section 1266 of the public authorities law, as
 amended by chapter 460 of the laws  of  2015,  is  amended  to  read  as
 follows:
   4.  The  authority  may  establish  and,  in the case of joint service
 arrangements, join with others in the establishment  of  such  schedules
 and standards of operations and such other rules and regulations includ-
 ing  but  not limited to rules and regulations governing the conduct and
 safety of the public as it may deem necessary, convenient  or  desirable
 for  the  use  and  operation of any transportation facility and related
 S. 8306--C                         154                        A. 8806--C
 
 services operated by the authority or under  contract,  lease  or  other
 arrangement,  including  joint service arrangements, with the authority.
 Such rules and regulations governing  the  conduct  and  safety  of  the
 public  shall  be  filed  with  the  department  of  state in the manner
 provided by section one hundred two of the executive law. In the case of
 any conflict between any  such  rule  or  regulation  of  the  authority
 governing  the  conduct  or  the safety of the public and any local law,
 ordinance, rule or regulation, such rule or regulation of the  authority
 shall prevail. Violation of any such rule or regulation of the authority
 OR  ANY  OF  ITS SUBSIDIARIES governing the conduct or the safety of the
 public in or upon any facility of the authority OR ANY  OF  ITS  SUBSID-
 IARIES shall constitute an offense and shall be punishable by a fine not
 exceeding fifty dollars or imprisonment for not more than thirty days or
 both  or  may  be punishable by the imposition of a civil penalty by the
 transit adjudication bureau established pursuant to  the  provisions  of
 title  nine of this article, EXCEPT THAT CIVIL PENALTIES RELATING TO THE
 PAYMENT OF FARES MAY BE PUNISHABLE BY THE IMPOSITION OF A CIVIL  PENALTY
 NOT  TO  EXCEED ONE HUNDRED FIFTY DOLLARS, PROVIDED THAT CIVIL PENALTIES
 RELATING TO THE PAYMENT OF FARES TO THE MTA BUS COMPANY AND  THE  METRO-
 NORTH RAILROAD AND LONG ISLAND RAIL ROAD SHALL BE IN ACCORDANCE WITH THE
 CONDITIONS SET FORTH IN SUBDIVISIONS ELEVEN AND TWELVE OF SECTION TWELVE
 HUNDRED NINE-A OF THIS ARTICLE, AS APPLICABLE.
   §  4.  The  metropolitan transportation authority shall issue findings
 and a report on the effects  of  fare  evasion  on  the  authority,  its
 subsidiaries  and affiliates, including information about the quality of
 the bureau's adjudication process and recommendations for improvement of
 that process. Such report shall be published and delivered to the gover-
 nor, temporary president of the senate, and the speaker of the  assembly
 by January 1, 2028.
   §  5. This act shall take effect January 1, 2025. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.
 
                                  PART VV
 
   Section 1. Study. The office of children and  family  services  shall,
 within  eighteen months from the effective date of this act, conduct and
 complete a study to evaluate the feasibility of providing  after  school
 programming  during  the academic year to every school-aged child in New
 York.  Such study shall examine, at a minimum, the following:
   (a) the costs of implementing an after school program,  including  but
 not limited to programming, facility, transportation, labor, and securi-
 ty  costs.  The study shall also examine the cost burdens borne by fami-
 lies, municipalities, New York state, and the  federal  government,  and
 how those costs might more effectively be shared in a universal program;
   (b) per-child pay rates for current after school providers;
   (c)  to  the  extent  practicable, current accessibility to subsidized
 after school programming during the academic year;
   (d) opportunities for inter- and intra-agency collaboration in  deliv-
 ering  after  school  programming, including but not limited to opportu-
 nities for the department of education,  division  of  criminal  justice
 services, local youth bureaus, and provider agencies to share resources,
 best  practices,  and  relevant  information  to deliver effective after
 school programming; and
 S. 8306--C                         155                        A. 8806--C

   (e) any other relevant topic  areas  deemed  necessary  to  assist  in
 delivering after school programming in New York state.
   §  2.  Report.  No  later  than  ninety days after such study has been
 completed pursuant to section one of this act, the  office  of  children
 and  family  services shall complete a report based on such study on the
 feasibility and costs to implement an after  school  program  for  every
 school-aged  child  within the state of New York, and shall deliver such
 report to the governor, the temporary president of the senate,  and  the
 speaker of the assembly.  The commissioner of the office of children and
 family  services  may  acquire directly from the head of any department,
 agency, or instrumentality of the state  any  available  non-identifying
 information  which the office considers useful in the discharge of their
 duties under this section and such departments, agencies, or  instrumen-
 talities  of  the  state shall cooperate with the office with respect to
 such information and shall furnish  all  information  requested  by  the
 office to the extent permitted by law.
   § 3. This act shall take effect immediately.
 
                                  PART WW
 
   Section  1. This Part enacts into law components of legislation relat-
 ing to toll enforcement. Each component is  wholly  contained  within  a
 Subpart  identified as Subparts A through B. The effective date for each
 particular provision contained within such Subpart is set forth  in  the
 last  section  of such Subpart.   Any provision in any section contained
 within a Subpart, including the effective date  of  the  Subpart,  which
 makes reference to a section "of this act", when used in connection with
 that  particular  component,  shall  be  deemed to mean and refer to the
 corresponding section of the Subpart in which  it  is  found.    Section
 three of this Part sets forth the general effective date of this Part.
 
                                 SUBPART A
 
   Section 1.  Subparagraphs (i) and (ii) of paragraph (b) of subdivision
 1  of  section 402 of the vehicle and traffic law, as amended by chapter
 451 of the laws of 2021, are amended and a new  subparagraph  (ii-a)  is
 added to read as follows:
   (i)  Number  plates shall be kept clean and in a condition so as to be
 easily readable [and shall not be covered by glass or any plastic  mate-
 rial].
   (ii)  Number  plates shall not be knowingly covered or coated with any
 [artificial  or  synthetic]  material  or  substance  that  conceals  or
 obscures  such number plates or that distorts a recorded or photographic
 image of such number plates.
   (II-A) NUMBER PLATES SHALL NOT BE COVERED  BY  GLASS  OR  ANY  PLASTIC
 MATERIAL,  NOR  SHALL  THEY BE COVERED WITH A MATERIAL APPEARING TO BE A
 NUMBER PLATE FOR DISPLAY AS PROOF OF LAWFUL REGISTRATION BUT  WHICH  HAS
 NOT  BEEN LAWFULLY ISSUED BY THE COMMISSIONER, THE COMMISSIONER'S AGENT,
 OR THE EQUIVALENT OFFICIAL OR  AGENTS  FROM  ANOTHER  STATE,  TERRITORY,
 DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION.
   §  2.  Subdivision 7 of section 402 of the vehicle and traffic law, as
 added by chapter 648 of the laws of 2006, is amended to read as follows:
   7. It shall be unlawful for any  person,  firm,  partnership,  associ-
 ation,  limited liability company or corporation to sell, offer for sale
 or distribute any:
 S. 8306--C                         156                        A. 8806--C
 
   (A) artificial or synthetic material or substance for the  purpose  of
 application  to  a  number plate that will, upon application to a number
 plate, distort a recorded or photographic image of such number plate; OR
   (B)  PLATE  COVER,  MATERIAL OR DEVICE FOR THE PURPOSE OF INSTALLATION
 ON, NEAR OR AROUND A NUMBER PLATE THAT WILL, UPON INSTALLATION ON,  NEAR
 OR  AROUND  A  NUMBER  PLATE, OBSTRUCT OR OBSCURE ALL OR ANY PART OF THE
 DISTINGUISHING NUMBER OR  OTHER  IDENTIFICATION  MARKS  OF  SUCH  NUMBER
 PLATE; OR
   (C)  A MATERIAL APPEARING TO BE A NUMBER PLATE FOR DISPLAY AS PROOF OF
 LAWFUL REGISTRATION BUT WHICH  HAS  NOT  BEEN  LAWFULLY  ISSUED  BY  THE
 COMMISSIONER,  THE  COMMISSIONER'S  AGENT, OR THE EQUIVALENT OFFICIAL OR
 AGENTS FROM ANOTHER STATE,  TERRITORY,  DISTRICT,  PROVINCE,  NATION  OR
 OTHER JURISDICTION.
   §  3.  Subdivision 8 of section 402 of the vehicle and traffic law, as
 amended by chapter 451 of the laws  of  2021,  is  amended  to  read  as
 follows:
   8.  A  violation  of this section shall be punishable by a fine of not
 less than twenty-five nor more than two hundred dollars, except that [a]
 :
   (A) A violation of subparagraph (ii), SUBPARAGRAPH (II-A) or  subpara-
 graph (iii) of paragraph (b) of subdivision one of this section shall be
 punishable  by a fine of not less than [fifty] ONE HUNDRED nor more than
 [three] FIVE hundred dollars.
   (B) A PERSON CONVICTED OF A VIOLATION OF SUBPARAGRAPH (II-A) OF  PARA-
 GRAPH  (B)  OF SUBDIVISION ONE OF THIS SECTION SHALL SURRENDER THE GLASS
 OR PLASTIC COVERING OR MATERIAL APPEARING  TO  BE  A  NUMBER  PLATE,  AS
 APPLICABLE,  TO THE COURT OR ADMINISTRATIVE TRIBUNAL FOR DELIVERY TO THE
 COMMISSIONER.
   (C) UPON CONVICTION OF A VIOLATION OF SUBPARAGRAPH (II)  OF  PARAGRAPH
 (B)  OF  SUBDIVISION  ONE  OF  THIS SECTION, THE COURT OR ADMINISTRATIVE
 TRIBUNAL HAVING JURISDICTION MAY, IN ADDITION TO ANY PENALTY THAT MAY BE
 IMPOSED FOR SUCH  VIOLATION,  ORDER  THE  REMOVAL  OF  ANY  MATERIAL  OR
 SUBSTANCE  THAT  CONCEALS OR OBSCURES SUCH NUMBER PLATES OR THE REPLACE-
 MENT OF SUCH NUMBER PLATES.
   § 4. The vehicle and traffic law is amended by adding  a  new  section
 402-b to read as follows:
   §  402-B. OBSCURED AND OBSTRUCTED LICENSE PLATES. 1. IF ANY VEHICLE IS
 DRIVEN OR OPERATED ON A PUBLIC  HIGHWAY  IN  VIOLATION  OF  SUBPARAGRAPH
 (II),  (II-A),  OR  (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
 FOUR HUNDRED TWO OF THIS ARTICLE AND IS COMMITTED IN THEIR  PRESENCE,  A
 POLICE  OFFICER,  AS  DEFINED  IN SECTION ONE HUNDRED THIRTY-TWO OF THIS
 CHAPTER, SHALL BE AUTHORIZED TO TAKE SUCH ACTIONS AS MAY BE REQUIRED  OR
 PERMITTED BY THE PROVISIONS OF THIS SECTION.
   2. IF THE VEHICLE IS BEING DRIVEN OR OPERATED IN VIOLATION OF SUBPARA-
 GRAPH  (II),  (II-A)  OR  (III)  OF  PARAGRAPH (B) OF SUBDIVISION ONE OF
 SECTION FOUR HUNDRED TWO OF THIS ARTICLE, SUCH  OFFICER  SHALL  ISSUE  A
 SUMMONS,  PROVIDED,  HOWEVER,  THAT A SUMMONS SHALL NOT BE ISSUED IF, IN
 THE DISCRETION AND AT  THE  REQUEST  OF  SUCH  OFFICER,  THE  DEFECT  IS
 CORRECTED IN THE PRESENCE OF SUCH OFFICER. THE REFUSAL OF A POLICE OFFI-
 CER  TO  PERMIT  THE REPAIR OF ANY DEFECT IN THEIR PRESENCE SHALL NOT BE
 REVIEWABLE, AND SHALL NOT BE A DEFENSE TO ANY  VIOLATION  CHARGED  IN  A
 SUMMONS ISSUED PURSUANT TO THE PROVISIONS OF THIS SECTION.
   3. ANY COMPLAINT ISSUED FOR ANY VIOLATION OF SUBPARAGRAPH (II), (II-A)
 OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO
 OF  THIS  ARTICLE MAY BE DISMISSED BY THE COURT BEFORE WHICH THE SUMMONS
 IS RETURNABLE IF THE VIOLATION AS SET FORTH IN THE SUMMONS IS  CORRECTED
 S. 8306--C                         157                        A. 8806--C
 
 NOT LATER THAN ONE-HALF HOUR AFTER SUNSET ON THE FIRST FULL BUSINESS DAY
 AFTER  THE  ISSUANCE  OF  THE  SUMMONS  AND  PROOF OF SUCH CORRECTION IS
 SUBMITTED TO THE COURT OR ADMINISTRATIVE TRIBUNAL. FOR THE  PURPOSES  OF
 THIS  SUBDIVISION,  "BUSINESS  DAY"  SHALL  MEAN ANY CALENDAR DAY EXCEPT
 SATURDAY AND SUNDAY, OR THE FOLLOWING BUSINESS HOLIDAYS: NEW YEAR'S DAY,
 WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, COLUM-
 BUS DAY, VETERANS' DAY, THANKSGIVING DAY, AND CHRISTMAS DAY.
   § 5. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 4-h to read as follows:
   4-H. SUSPENSION OF REGISTRATION FOR COVERING  LICENSE  PLATES  WITH  A
 LICENSE  PLATE  COVER  OR  MATERIAL  APPEARING  TO  BE A NUMBER PLATE OR
 OBSCURING LICENSE PLATES  WITH  ANY  MATERIAL  OR  SUBSTANCE.  (A)  UPON
 RECEIPT  OF  A  NOTIFICATION  FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL
 THAT AN OWNER OF A MOTOR VEHICLE HAS BEEN CONVICTED THREE OR MORE  TIMES
 WITHIN  A  PERIOD  OF  FIVE  YEARS  OF A VIOLATION OF SUBPARAGRAPH (II),
 (II-A) OR (III) OF PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  SECTION  FOUR
 HUNDRED  TWO  OF  THIS CHAPTER NOT ARISING OUT OF THE SAME INCIDENT, THE
 COMMISSIONER OR THE COMMISSIONER'S AGENT MAY SUSPEND THE REGISTRATION OF
 THE MOTOR VEHICLE INVOLVED IN SUCH VIOLATION  FOR  A  PERIOD  OF  NINETY
 DAYS.  THE  COMMISSIONER  MAY,  IN THE COMMISSIONER'S DISCRETION, DENY A
 REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER  PERSON  FOR  THE  SAME
 VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER
 MOTOR  VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE THE COMMIS-
 SIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS  BEEN  TO  EVADE
 THE PURPOSES OF THIS PARAGRAPH AND WHERE THE COMMISSIONER HAS REASONABLE
 GROUNDS  TO  BELIEVE  THAT  SUCH  REGISTRATION  OR RENEWAL WILL HAVE THE
 EFFECT OF DEFEATING THE PURPOSES OF THIS PARAGRAPH.  SUCH  DENIAL  SHALL
 REMAIN IN EFFECT ONLY AS LONG AS THE SUSPENSION ENTERED PURSUANT TO THIS
 PARAGRAPH REMAINS IN EFFECT.
   (B)  UPON  RECEIPT  OF  NOTIFICATION FROM A COURT OR AN ADMINISTRATIVE
 TRIBUNAL THAT AN OWNER OF A MOTOR VEHICLE  HAS  FAILED  TO  COMPLY  WITH
 PARAGRAPH (B) OR (C) OF SUBDIVISION EIGHT OF SECTION FOUR HUNDRED TWO OF
 THIS  CHAPTER,  THE COMMISSIONER OR THE COMMISSIONER'S AGENT MAY SUSPEND
 THE REGISTRATION OF THE MOTOR VEHICLE INVOLVED  IN  SUCH  VIOLATION  AND
 SUCH  SUSPENSION  SHALL  REMAIN IN EFFECT UNTIL SUCH TIME AS THE COMMIS-
 SIONER IS ADVISED THAT SUCH OWNER HAS COMPLIED WITH SUCH PARAGRAPHS,  AS
 APPLICABLE. THE COMMISSIONER MAY, IN THE COMMISSIONER'S DISCRETION, DENY
 A  REGISTRATION  OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME
 VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER
 MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE THE  COMMIS-
 SIONER  HAS  DETERMINED  THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE
 THE PURPOSES OF THIS PARAGRAPH AND WHERE THE COMMISSIONER HAS REASONABLE
 GROUNDS TO BELIEVE THAT SUCH  REGISTRATION  OR  RENEWAL  WILL  HAVE  THE
 EFFECT  OF  DEFEATING  THE PURPOSES OF THIS PARAGRAPH. SUCH DENIAL SHALL
 REMAIN IN EFFECT ONLY AS LONG AS THE SUSPENSION ENTERED PURSUANT TO THIS
 PARAGRAPH REMAINS IN EFFECT.
   § 6. Subdivision 8 of section 2985 of the public authorities  law,  as
 added by chapter 379 of the laws of 1992, is amended to read as follows:
   8.  (A)  Adjudication  of  the  liability  imposed upon owners by this
 section shall be by the entity having jurisdiction  over  violations  of
 the  rules and regulations of the public authority serving the notice of
 liability or where authorized by  an  administrative  tribunal  and  all
 violations  shall  be  heard  and  determined in the county in which the
 violation is alleged to have occurred, or in New York city and upon  the
 consent of both parties, in any county within New York city in which the
 public  authority  operates  or  maintains  a  facility, and in the same
 S. 8306--C                         158                        A. 8806--C
 
 manner as charges of other regulatory violations of such public authori-
 ty or pursuant to the  rules  and  regulations  of  such  administrative
 tribunal as the case may be.
   (B)  UPON  EXHAUSTION  OF REMEDIES PURSUANT TO THIS SECTION OR SECTION
 TWENTY-NINE HUNDRED EIGHTY-FIVE-A OF THIS TITLE, AS APPLICABLE, THE  NEW
 YORK  STATE  BRIDGE  AUTHORITY, THRUWAY AUTHORITY, TRIBOROUGH BRIDGE AND
 TUNNEL  AUTHORITY,  METROPOLITAN  TRANSPORTATION  AUTHORITY,  AND   PORT
 AUTHORITY  OF  NEW  YORK  AND  NEW  JERSEY, A BI-STATE AGENCY CREATED BY
 COMPACT SET FORTH IN CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINE-
 TEEN HUNDRED TWENTY-ONE, SHALL HAVE THE POWER  TO  ENTER  JUDGMENTS  FOR
 UNPAID  LIABILITIES,  PROVIDED  THAT SUCH UNPAID LIABILITIES INCLUDE THE
 FAILURE TO PAY TOLLS, FEES, OR OTHER CHARGES OR THE FAILURE TO HAVE SUCH
 TOLLS, FEES OR OTHER CHARGES DISMISSED OR  TRANSFERRED  IN  RESPONSE  TO
 THREE  OR  MORE  NOTICES  OF  VIOLATION ISSUED WITHIN A FIVE YEAR PERIOD
 CHARGING THE REGISTRANT OF A MOTOR VEHICLE  WITH  A  VIOLATION  OF  TOLL
 COLLECTION  REGULATIONS,  AND  TO  ENFORCE SUCH JUDGMENTS, WITHOUT COURT
 PROCEEDINGS, IN THE SAME MANNER AS THE ENFORCEMENT OF MONEY JUDGMENTS IN
 CIVIL ACTIONS IN ANY COURT OF COMPETENT JURISDICTION OR ANY OTHER  PLACE
 PROVIDED  FOR  THE ENTRY OF CIVIL JUDGMENT WITHIN THE STATE OF NEW YORK,
 AFTER A PERIOD OF NOTICE PURSUANT TO PARAGRAPH (C) OF THIS  SUBDIVISION.
 THE  APPLICABLE TOLLING AUTHORITY SHALL NOT ENFORCE SUCH JUDGMENTS UNTIL
 THIRTY DAYS HAVE ELAPSED FROM ISSUING A NOTICE PURSUANT TO PARAGRAPH (C)
 OF THIS SUBDIVISION.
   (C) PRIOR TO ENTERING JUDGMENTS FOR  UNPAID  LIABILITIES  PURSUANT  TO
 PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  THE APPLICABLE TOLLING AUTHORITY
 SHALL NOTIFY THE PERSON SUBJECT TO SUCH JUDGMENT, BY FIRST  CLASS  MAIL,
 THAT  SUCH PERSON IS AT RISK OF ENTRY OF A JUDGMENT AGAINST THEM IF THEY
 FAIL TO PAY SUCH UNPAID LIABILITIES. THE FORM AND CONTENT OF SUCH NOTICE
 SHALL BE PRESCRIBED BY  THE  APPLICABLE  TOLLING  AUTHORITY,  AND  SHALL
 CONTAIN  A WARNING TO ADVISE THE PERSON THAT FAILURE TO PAY THE APPLICA-
 BLE UNPAID LIABILITIES WITHIN A PERIOD OF NOT LESS THAN THIRTY  DAYS  OF
 SUCH  NOTICE  WILL RESULT IN THE ENFORCEMENT OF A JUDGMENT AGAINST THEM,
 AND SHALL FURTHER CONTAIN INFORMATION ABOUT THE PROCESS TO DISPUTE  SUCH
 LIABILITIES, CONSISTENT WITH THIS SECTION OR SECTION TWENTY-NINE HUNDRED
 EIGHTY-FIVE-A OF THIS TITLE, AS APPLICABLE.
   §  7. This act shall take effect September 1, 2024; provided, however,
 that the provisions of sections one, two, three, four and five  of  this
 act  shall apply to violations committed on and after such date.  Effec-
 tive 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 on or before such date.
 
                                 SUBPART B
 
   Section  1.  This  act shall be known and may be cited as the "toll by
 mail enhancement act".
   § 2. The public authorities law is amended by  adding  a  new  section
 2985-a to read as follows:
   §  2985-A.  PAYMENT  OF TOLLS UNDER THE TOLLS BY MAIL PROGRAM. 1. THIS
 SECTION SHALL NOT APPLY TO THE PAYMENT OF TOLLS BY MEANS OF AN ELECTRON-
 IC TOLL DEVICE THAT TRANSMITS INFORMATION  THROUGH  AN  ELECTRONIC  TOLL
 COLLECTION  SYSTEM  AS  DEFINED IN SUBDIVISION TWELVE OF SECTION TWENTY-
 NINE HUNDRED EIGHTY-FIVE OF THIS TITLE.
   2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
 S. 8306--C                         159                        A. 8806--C
 
   (A)  "CASHLESS  TOLLING FACILITY" SHALL MEAN A TOLL ROADWAY, BRIDGE OR
 TUNNEL FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE  PAYMENT
 IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY.
   (B)  "OWNER"  SHALL  MEAN  ANY PERSON, CORPORATION, PARTNERSHIP, FIRM,
 AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO, AT THE TIME  OF  INCUR-
 RING  AN  OBLIGATION  TO  PAY A TOLL AT A CASHLESS TOLLING FACILITY, AND
 WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE TOLL  BILL  OR  NOTICE  OF
 VIOLATION:  (I) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR
 (II) HAS TITLE TO SUCH VEHICLE; OR (III) IS THE REGISTRANT OR  CO-REGIS-
 TRANT  OF  SUCH VEHICLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR
 VEHICLES OF THIS STATE OR ANY OTHER STATE,  TERRITORY,  DISTRICT,  PROV-
 INCE,  NATION  OR OTHER JURISDICTION; OR (IV) SUBJECT TO THE LIMITATIONS
 SET FORTH IN SUBDIVISION TEN OF SECTION TWENTY-NINE HUNDRED  EIGHTY-FIVE
 OF  THIS  TITLE, USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING
 BUSINESS; OR (V) IS A PERSON ENTITLED TO THE USE  AND  POSSESSION  OF  A
 VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON.
   (C)  "TOLL  BILL"  SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFYING SUCH
 OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED IN  OR  UPON  A
 CASHLESS  TOLLING  FACILITY  AND THE OWNER HAS INCURRED AN OBLIGATION TO
 PAY A TOLL.
   (D) "NOTICE OF VIOLATION" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY-
 ING SUCH OWNER THAT A TOLL INCURRED AT A CASHLESS  TOLLING  FACILITY  BY
 THE  OWNER  HAS  NOT  BEEN  PAID AT THE PLACE AND TIME AND IN THE MANNER
 ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL  BILL  AND  THAT  AN
 ADMINISTRATIVE VIOLATION FEE IS BEING IMPOSED FOR EACH SUCH UNPAID TOLL.
   (E)  "BILLING CYCLE" SHALL MEAN A PERIOD NOT TO EXCEED THIRTY CALENDAR
 DAYS ONCE TOLLS HAVE POSTED FOR PURPOSES OF CONSOLIDATED TOLL BILLING.
   (F) "INITIAL BILLING CYCLE" SHALL MEAN A PERIOD NOT TO EXCEED  FIFTEEN
 BUSINESS DAYS AFTER IDENTIFYING THE OWNER OR OTHER PARTY RESPONSIBLE FOR
 PAYING  THE  TOLL  FOR  THE  PURPOSE OF CONSOLIDATED TOLL BILLING FOR AN
 OBLIGATION TO PAY A TOLL BILL FOR THE FIRST TIME AT A  CASHLESS  TOLLING
 FACILITY IN A SIX-MONTH PERIOD.
   (G)  "TOLLS  BY MAIL PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY OR ON
 BEHALF OF A PUBLIC AUTHORITY TO SEND A TOLL BILL TO AN OWNER WHOSE VEHI-
 CLE CROSSES A CASHLESS  TOLLING  FACILITY  WITHOUT  A  VALID  ELECTRONIC
 DEVICE  THAT  SUCCESSFULLY  TRANSMITS  INFORMATION THROUGH AN ELECTRONIC
 TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWEN-
 TY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE.
   (H) "DECLARATION OF DISPUTE" SHALL  MEAN  A  SUBMISSION  BY  AN  OWNER
 DISPUTING  ALL  OR  ANY  PORTION OF A TOLL, FEE, PENALTY, OR OTHER OBLI-
 GATION INCURRED BY AN OWNER WHOSE VEHICLE  CROSSES  A  CASHLESS  TOLLING
 FACILITY,  IN  SUCH  FORM AS THE PUBLIC AUTHORITY SHALL PROVIDE IN REGU-
 LATIONS AND THROUGH DISPLAY ON THE AUTHORITY'S WEBSITE.
   3. IN THE CASE OF AN OWNER WHO INCURS AN OBLIGATION TO PAY A TOLL  FOR
 THE  FIRST TIME IN SIX MONTHS UNDER THE TOLLS BY MAIL PROGRAM AT A CASH-
 LESS TOLLING FACILITY, A TOLL BILL SHALL BE  SENT  WITHIN  TEN  BUSINESS
 DAYS  AFTER  THE END OF THE INITIAL BILLING CYCLE AND OF EACH SUBSEQUENT
 BILLING CYCLE. IN THE CASE OF ALL OTHER OWNERS INCURRING  AN  OBLIGATION
 TO  PAY A TOLL AT A CASHLESS TOLLING FACILITY, A TOLL BILL SHALL BE SENT
 AT THE END OF THE NEXT BILLING CYCLE.  TOLL BILLS SHALL BE SENT  TO  THE
 OWNER  BY  FIRST  CLASS MAIL, AND MAY ADDITIONALLY BE SENT BY ELECTRONIC
 MEANS OF COMMUNICATION UPON THE AFFIRMATIVE CONSENT OF THE OWNER, BY  OR
 ON  BEHALF  OF THE PUBLIC AUTHORITY WHICH OPERATES SUCH CASHLESS TOLLING
 FACILITY. THE OWNER SHALL HAVE THIRTY DAYS FROM THE  DATE  OF  THE  TOLL
 BILL  TO  PAY  THE  INCURRED  TOLL. THE TOLL BILL SHALL INCLUDE: (I) THE
 TOTAL AMOUNT OF THE INCURRED TOLLS DUE, (II) THE DATE BY  WHICH  PAYMENT
 S. 8306--C                         160                        A. 8806--C

 OF  THE  INCURRED  TOLLS IS DUE, (III) ANY ADMINISTRATIVE FEES, (IV) THE
 ADDRESS FOR RECEIPT OF PAYMENT AND METHODS OF PAYMENT FOR THE TOLL,  (V)
 THE  PROCEDURE  FOR  CONTESTING ANY TOLL AND THE CONTACT INFORMATION FOR
 THE  RELEVANT  TOLL  PAYER  ADVOCATE OFFICE AND CUSTOMER SERVICE CENTER,
 (VI) INFORMATION RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO  THE
 NOTICE  OF LIABILITY, IN ADDITION TO THE POSSIBILITY THAT A JUDGMENT CAN
 BE ENTERED FOR REPEAT UNPAID LIABILITIES THAT COULD LEAD  TO  A  VEHICLE
 BEING TOWED OR IMMOBILIZED, (VII) A WEBSITE ADDRESS OR HYPERLINK FOR THE
 OWNER  TO  ACCESS  TIME-STAMPED  PHOTOGRAPHS  OR  FOOTAGE  OF  EACH TOLL
 INCURRED BY ELECTRONIC MEANS, (VIII) INFORMATION RELATED TO  THE  AVAIL-
 ABILITY  OF THE TOLL PAYER ADVOCATE TO DISCUSS PAYMENT OPTIONS, AND (IX)
 OTHER INFORMATION REQUIRED BY LAW OR BY THE PUBLIC AUTHORITY. EACH  TOLL
 BILL  SHALL IDENTIFY THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER, AND
 JURISDICTION OF THE LICENSE PLATE FOR EACH TOLL THAT HAS BEEN  INCURRED.
 EACH  TOLL BILL SHALL INCLUDE AN IMAGE OF THE LICENSE PLATE OF THE VEHI-
 CLE BEING USED OR OPERATED ON THE TOLL FACILITY. IF THE OWNER  FAILS  TO
 PAY  THE INITIAL TOLL BILL, A SECOND TOLL BILL SHALL BE SENT IN THE NEXT
 BILLING CYCLE, WHICH SHALL ALSO INDICATE THE OVERDUE TOLL OR  TOLLS  AND
 ANY ADMINISTRATIVE OR LATE FEES DUE.
   4.  IN THE CASE OF AN OWNER WHO DOES NOT PAY A TOLL INCURRED UNDER THE
 TOLLS BY MAIL PROGRAM ON A CASHLESS FACILITY AT THE PLACE AND  TIME  AND
 IN THE MANNER ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE SECOND TOLL
 BILL,  A  NOTICE OF VIOLATION SHALL BE SENT NOTIFYING THE OWNER THAT THE
 TOLL IS UNPAID AND ADMINISTRATIVE VIOLATION FEES ARE BEING IMPOSED.  THE
 NOTICE  OF VIOLATION SHALL BE SENT TO THE OWNER BY FIRST CLASS MAIL, AND
 MAY ADDITIONALLY BE SENT BY ELECTRONIC MEANS OF COMMUNICATION  UPON  THE
 AFFIRMATIVE CONSENT OF THE OWNER, BY OR ON BEHALF OF THE PUBLIC AUTHORI-
 TY  WHICH  OPERATES  SUCH  CASHLESS  TOLLING  FACILITY.  THE  NOTICE  OF
 VIOLATION SHALL INCLUDE: (I) THE TOTAL AMOUNT OF UNPAID TOLLS AND ADMIN-
 ISTRATIVE VIOLATION FEES DUE, (II) THE DATE  BY  WHICH  PAYMENT  OF  THE
 TOLLS  AND  ADMINISTRATIVE  VIOLATION FEES IS DUE, (III) THE ADDRESS FOR
 RECEIPT OF PAYMENT AND METHODS OF PAYMENT FOR THE TOLL, (IV) THE  PROCE-
 DURE  FOR  CONTESTING ANY TOLL AND THE CONTACT INFORMATION FOR THE RELE-
 VANT TOLL PAYER ADVOCATE OFFICE AND CUSTOMER SERVICE CENTER, (V)  INFOR-
 MATION  RELATED TO THE FAILURE TO TIMELY PAY OR RESPOND TO THE NOTICE OF
 LIABILITY, IN ADDITION TO THE POSSIBILITY THAT A JUDGMENT CAN BE ENTERED
 FOR REPEAT UNPAID LIABILITIES THAT COULD LEAD TO A VEHICLE  BEING  TOWED
 OR  IMMOBILIZED,  (VI)  A  WEBSITE ADDRESS OR HYPERLINK FOR THE OWNER TO
 ACCESS TIME-STAMPED PHOTOGRAPHS OR FOOTAGE  OF  EACH  TOLL  INCURRED  BY
 ELECTRONIC  MEANS,  (VII) INFORMATION RELATED TO THE AVAILABILITY OF THE
 TOLL PAYER ADVOCATE TO DISCUSS PAYMENT OPTIONS, AND (VIII) OTHER  INFOR-
 MATION  REQUIRED  BY  LAW  OR  BY  THE  PUBLIC AUTHORITY. EACH NOTICE OF
 VIOLATION SHALL IDENTIFY THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER,
 AND JURISDICTION OF THE LICENSE PLATE FOR EACH UNPAID TOLL THAT HAS BEEN
 INCURRED.
   5. ANY FEE OR ADMINISTRATIVE VIOLATION  FEE  THAT  IS  ASSESSED  ON  A
 NOTICE  OF  VIOLATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL
 BE DISMISSED IF THE NOTICE OF VIOLATION WAS NOT SENT WITHIN NINETY  DAYS
 OF THE SECOND TOLL BILL, PROVIDED THAT ANY TOLL OR TOLLS INCURRED REMAIN
 DUE AND PAYABLE AND PROVIDED FURTHER THAT SUCH DISMISSAL SHALL NOT APPLY
 IN  THE  EVENT THAT EXCEPTIONAL CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
 TO TECHNOLOGICAL FAILURES, HAVE DELAYED THE TIMELY MAILING OF THE NOTICE
 OF VIOLATION AND THE PUBLIC AUTHORITY HAS POSTED NOTICE OF SUCH  CIRCUM-
 STANCES  PROMINENTLY ON ITS WEBSITE WITHIN A REASONABLE TIME OF BECOMING
 AWARE OF SUCH CIRCUMSTANCES, WHICH SHALL  BE  ADEQUATE  RECORD  OF  SUCH
 CIRCUMSTANCES.
 S. 8306--C                         161                        A. 8806--C
 
   6.  ANY  TOLL BILL OR NOTICE OF VIOLATION REQUIRED TO BE SENT PURSUANT
 TO THIS SECTION BY FIRST CLASS MAIL MAY ALSO BE SENT,  WITH  CONSENT  OF
 THE  OWNER,  BY ELECTRONIC MEANS OF COMMUNICATION BY OR ON BEHALF OF THE
 PUBLIC AUTHORITY. IT SHALL BE THE SOLE RESPONSIBILITY OF  THE  OWNER  TO
 PROVIDE  AND  UPDATE  THE  ADDRESS USED FOR ELECTRONIC MEANS OF COMMUNI-
 CATION TO THE OWNER BY THE  PUBLIC  AUTHORITY.  A  MANUAL  OR  AUTOMATIC
 RECORD  OF  ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY COURSE OF
 BUSINESS SHALL BE ADEQUATE RECORD OF ELECTRONIC NOTICE.
   7. ANY OWNER WHO INCURS AN OBLIGATION TO PAY A TOLL UNDER THE TOLLS BY
 MAIL PROGRAM AT A PUBLIC AUTHORITY'S  CASHLESS  TOLLING  FACILITY  SHALL
 HAVE  AN  OPTION  TO RECEIVE ALERTS BY ELECTRONIC MEANS OF COMMUNICATION
 THAT A TOLL HAS BEEN INCURRED. SUCH ALERTS  SHALL  BE  PROVIDED  TO  THE
 OWNER  WHO  HAS  ELECTED TO RECEIVE SUCH ALERTS NO MORE THAN SEVENTY-TWO
 HOURS AFTER THE OWNER IS IDENTIFIED. EACH PUBLIC AUTHORITY SHALL  CREATE
 AN  ONLINE  REGISTRATION  FOR AN ELECTRONIC MEANS OF COMMUNICATION ALERT
 THAT A TOLL HAS BEEN INCURRED UNDER THE TOLLS BY MAIL PROGRAM AT A CASH-
 LESS TOLLING FACILITY. IN THE EVENT AN OWNER CHOOSES TO RECEIVE AN ELEC-
 TRONIC MEANS OF COMMUNICATION ALERT OF A TOLL INCURRED, IT SHALL BE  THE
 OWNER'S  SOLE  RESPONSIBILITY  TO PROVIDE AND UPDATE ANY MOBILE NUMBERS,
 ELECTRONIC MAIL ADDRESSES, OR ANY OTHER ADDRESSES  USED  FOR  ELECTRONIC
 MEANS  OF  COMMUNICATION TO WHICH ALERTS ARE SENT. A MANUAL OR AUTOMATIC
 RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY  COURSE  OF
 BUSINESS SHALL BE ADEQUATE RECORD OF ELECTRONIC NOTICE.
   8. IF AN OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT TO THIS SECTION
 FOR  ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE POLICE
 DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE  A  VALID  DEFENSE  TO  AN
 ALLEGATION  OF  LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
 THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO  THE
 TIME  THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. IF
 AN OWNER RECEIVES A NOTICE OF VIOLATION PURSUANT TO THIS SECTION FOR ANY
 TIME PERIOD DURING WHICH THE VEHICLE WAS STOLEN, BUT NOT AS YET REPORTED
 TO THE POLICE AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO  AN
 ALLEGATION  OF  LIABILITY FOR A VIOLATION OF TOLL COLLECTION REGULATIONS
 PURSUANT TO THIS SECTION THAT THE VEHICLE WAS REPORTED AS STOLEN  WITHIN
 TWO HOURS AFTER THE DISCOVERY OF THE THEFT BY THE OWNER. FOR PURPOSES OF
 ASSERTING  THE  DEFENSE  PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
 CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
 BE  SENT  BY FIRST CLASS MAIL TO THE COURT OR OTHER ENTITY HAVING JURIS-
 DICTION.
   9. AN OWNER WHO IS A  LESSOR  OF  A  VEHICLE  TO  WHICH  A  NOTICE  OF
 VIOLATION  WAS ISSUED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION SHALL
 NOT BE LIABLE FOR THE  VIOLATION  OF  THE  TOLL  COLLECTION  REGULATIONS
 PROVIDED  THE  OWNER SENDS TO THE PUBLIC AUTHORITY SERVING THE NOTICE OF
 VIOLATION AND TO THE COURT OR OTHER ENTITY HAVING JURISDICTION A COPY OF
 THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH  VEHICLE
 ON  THE  DATE  OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE
 CLEARLY LEGIBLE, WITHIN THIRTY DAYS AFTER RECEIVING THE ORIGINAL  NOTICE
 OF  VIOLATION.  FAILURE  TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-DAY
 TIME PERIOD SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED BY
 THIS SECTION. WHERE THE LESSOR COMPLIES  WITH  THE  PROVISIONS  OF  THIS
 SUBDIVISION,  THE  LESSEE  OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION
 SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES  OF  THIS
 SECTION  AND SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF THE TOLL
 COLLECTION REGULATIONS, PROVIDED  THAT  THE  PUBLIC  AUTHORITY  MAILS  A
 NOTICE  OF  VIOLATION  TO  THE LESSEE WITHIN TEN BUSINESS DAYS AFTER THE
 PUBLIC AUTHORITY DEEMS THE LESSEE TO BE THE OWNER. FOR PURPOSES OF  THIS
 S. 8306--C                         162                        A. 8806--C
 
 SUBDIVISION  THE TERM "LESSOR" SHALL MEAN ANY PERSON, CORPORATION, FIRM,
 PARTNERSHIP, AGENCY, ASSOCIATION OR ORGANIZATION ENGAGED IN THE BUSINESS
 OF RENTING OR LEASING VEHICLES TO ANY LESSEE UNDER A  RENTAL  AGREEMENT,
 LEASE OR OTHERWISE WHEREIN THE SAID LESSEE HAS THE EXCLUSIVE USE OF SAID
 VEHICLE  FOR  ANY  PERIOD OF TIME. FOR PURPOSES OF THIS SUBDIVISION, THE
 TERM "LESSEE" SHALL MEAN ANY  PERSON,  CORPORATION,  FIRM,  PARTNERSHIP,
 AGENCY,  ASSOCIATION OR ORGANIZATION THAT RENTS, LEASES OR CONTRACTS FOR
 THE USE OF ONE OR MORE VEHICLES AND HAS EXCLUSIVE USE  THEREOF  FOR  ANY
 PERIOD OF TIME.
   10.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION  NINE OF THIS SECTION, IF A
 PERSON RECEIVES A NOTICE OF VIOLATION PURSUANT TO THIS SECTION IT  SHALL
 BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF TOLL
 COLLECTION  REGULATIONS  THAT  THE INDIVIDUAL WHO RECEIVED THE NOTICE OF
 VIOLATION PURSUANT TO THIS SECTION WAS NOT THE OWNER OF THE  VEHICLE  AT
 THE  TIME THE VIOLATION OCCURRED. IF THE OWNER LIABLE FOR A VIOLATION OF
 TOLL COLLECTION REGULATIONS PURSUANT TO THIS SECTION WAS NOT THE  OPERA-
 TOR  OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN
 AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   11. ANY PUBLIC AUTHORITY THAT OPERATES  A  CASHLESS  TOLLING  FACILITY
 SHALL:  (I) MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON
 TO  RECEIVE UPDATED INFORMATION ON ANY TOLLS OR FEES WHICH ARE OUTSTAND-
 ING; AND (II) ESTABLISH PROCEDURES FOR OWNERS TO DISPUTE ANY  TOLLS  AND
 VIOLATION  FEES  INCURRED  IN  CONNECTION  WITH  TOLL BILLS, INCLUDING A
 REQUIREMENT THAT WRITTEN DETERMINATIONS IN SUCH DISPUTES SHALL BE ISSUED
 WITHIN FORTY-FIVE DAYS OF RECEIPT OF THE OWNER'S DECLARATION OF DISPUTE.
 SUCH INFORMATION SHALL BE PROMINENTLY DISPLAYED ON SUCH PUBLIC  AUTHORI-
 TY'S TOLL BILLS, NOTICES OF VIOLATION AND WEBSITE.
   12.  EVERY  PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY
 SHALL DEVELOP POLICIES AND PROCEDURES FOR THE ESTABLISHMENT ON  A  CASE-
 BY-CASE  BASIS OF A WRITTEN PAYMENT PLAN AGREEMENT FOR AN OWNER'S UNPAID
 TOLLS AND ADMINISTRATIVE VIOLATION FEES INCURRED AT A  CASHLESS  TOLLING
 FACILITY,  SUBJECT  TO  THE AVAILABILITY OF SUFFICIENT RESOURCES FOR THE
 PUBLIC AUTHORITY TO ADMINISTER SUCH PAYMENT PLANS.  INFORMATION  RELATED
 TO PAYMENT PLANS SHALL BE MADE AVAILABLE UPON THE OWNER'S REQUEST TO THE
 PUBLIC  AUTHORITY'S  CUSTOMER SERVICE CENTER. THE PUBLIC AUTHORITY SHALL
 NOT CHARGE ANY ADDITIONAL AMOUNT OR FEE FOR ENROLLMENT IN A PAYMENT PLAN
 AGREEMENT. OWNERS SHALL FULLY COMPLY WITH  ALL  PAYMENT  PLAN  AGREEMENT
 TERMS  AND  CONDITIONS  AND  SHALL  BE SUBJECT TO PAYMENT PLAN AGREEMENT
 DEFAULT PROVISIONS.
   13. EVERY PUBLIC AUTHORITY THAT OPERATES A CASHLESS  TOLLING  FACILITY
 SHALL  ESTABLISH  AN  OFFICE  OF  SUCH  AUTHORITY'S TOLL PAYER ADVOCATE,
 DESIGNED TO FURTHER ASSIST OWNERS WHO  REMAIN  UNSATISFIED  AFTER  FIRST
 ATTEMPTING  RESOLUTION  IN  WRITING OF THEIR CONCERN WITH, AND RECEIVING
 WRITTEN DETERMINATION FROM, SUCH AUTHORITY'S  CUSTOMER  SERVICE  CENTER.
 THE  OFFICE  OF  THE TOLL PAYER ADVOCATE SHALL ALSO ENDEAVOR TO IDENTIFY
 ANY SYSTEMIC ISSUES AND RECOMMEND REASONABLE IMPROVEMENTS REGARDING  THE
 USE OF AND PROCESS INVOLVED WITH THE PAYMENT OF TOLLS UNDER THE TOLLS BY
 MAIL PROGRAM AT CASHLESS TOLLING FACILITIES TO THE PUBLIC AUTHORITY.
   14.  A  PUBLIC  AUTHORITY  THAT  OPERATES A CASHLESS TOLLING FACILITY,
 INCLUDING THE OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS OF SUCH PUBLIC
 AUTHORITY, SHALL NOT REPORT TO A CONSUMER REPORTING AGENCY,  AS  DEFINED
 IN  15  U.S.C.  §  1681A,  ANY  TOLL,  FEE,  PENALTY OR OTHER OBLIGATION
 INCURRED BY AN OWNER RELATED TO USE OF A CASHLESS TOLLING FACILITY.
   15. NOTHING IN THIS SECTION SHALL PROHIBIT  A  PUBLIC  AUTHORITY  FROM
 COLLECTING  ANY TOLL OR FEE IN THE EVENT THAT AN OWNER DOES NOT PROPERLY
 REGISTER A VEHICLE PURSUANT TO THE LAWS, RULES AND REGULATIONS  OF  THIS
 S. 8306--C                         163                        A. 8806--C
 
 STATE,  OR  ANY  OTHER  STATE,  TERRITORY, DISTRICT, PROVINCE, NATION OR
 OTHER JURISDICTION.
   16.  NOTHING  IN  THIS  SECTION  SHALL  REQUIRE  A PUBLIC AUTHORITY TO
 PERFORM ANY ACTION OR FORBEAR FROM PERFORMING ANY ACTION THAT  WOULD  IN
 THE  PUBLIC  AUTHORITY'S  SOLE  DISCRETION  IMPAIR ANY COVENANT WITH THE
 HOLDERS OF ANY OF THE PUBLIC AUTHORITY'S BONDS,  NOTES  OR  OTHER  OBLI-
 GATIONS.
   § 3. No later than 90 days after the effective date of this act, every
 public  authority that operates a cashless tolling facility shall under-
 take a public awareness campaign  to  educate  motorists  regarding  the
 tolls  by mail program, of their right to access the office of the rele-
 vant toll payer advocate and information related to the ability of  that
 office  to  discuss payment options, of the importance of updating their
 license and vehicle registration  information  with  the  department  of
 motor  vehicles,  the potential consequences for failure to pay tolls or
 respond to toll bills, of the benefits of becoming an  E-ZPass  customer
 and  opportunities  available  to  monitor  tolls  by mail balances, and
 potential options for unbanked individuals and individuals  who  do  not
 have  a  credit  card  to  obtain  an E-ZPass. The outreach campaign may
 include, among other materials, print, electronic  and  mobile  cellular
 technology  resources,  and  may  be  made publicly available via public
 authority-sponsored communication methods.
   § 4. This act shall take effect September  1,  2024.  Effective  imme-
 diately, 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 on or before such date.  With respect to the  Port
 Authority  of  New  York and New Jersey, this act shall take effect upon
 the enactment into law by the state of New Jersey of legislation  having
 an  identical  effect  with this act upon the Port Authority of New York
 and New Jersey; but if the  state  of  New  Jersey  shall  have  already
 enacted  such  legislation,  this  act  shall  take  effect immediately;
 provided, that the chair of the port authority shall notify the legisla-
 tive bill drafting commission upon the occurrence of  the  enactment  of
 the  legislation  provided  for in section two 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 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 dates of Subparts A through B of this act shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART XX

   Section  1. The state comptroller is hereby authorized and directed to
 loan money in accordance with the provisions set forth in subdivision  5
 S. 8306--C                         164                        A. 8806--C
 
 of  section  4  of  the  state finance law to the following funds and/or
 accounts:
   1. DOL-Child performer protection account (20401).
   2. Local government records management account (20501).
   3. Child health plus program account (20810).
   4. EPIC premium account (20818).
   5. Education - New (20901).
   6. VLT - Sound basic education fund (20904).
   7.   Sewage  treatment  program  management  and  administration  fund
 (21000).
   8. Hazardous bulk storage account (21061).
   9. Utility environmental regulatory account (21064).
   10. Federal grants indirect cost recovery account (21065).
   11. Low level radioactive waste account (21066).
   12. Recreation account (21067).
   13. Public safety recovery account (21077).
   14. Environmental regulatory account (21081).
   15. Natural resource account (21082).
   16. Mined land reclamation program account (21084).
   17. Great lakes restoration initiative account (21087).
   18. Environmental protection and oil spill compensation fund (21200).
   19. Public transportation systems account (21401).
   20. Metropolitan mass transportation (21402).
   21. Operating permit program account (21451).
   22. Mobile source account (21452).
   23. Statewide  planning  and  research  cooperative   system   account
 (21902).
   24. New York state thruway authority account (21905).
   25. Financial control board account (21911).
   26. Regulation of racing account (21912).
   27. State university dormitory income reimbursable account (21937).
   28. Criminal justice improvement account (21945).
   29. Environmental laboratory reference fee account (21959).
   30. Training, management and evaluation account (21961).
   31. Clinical laboratory reference system assessment account (21962).
   32. Indirect cost recovery account (21978).
   33. Multi-agency training account (21989).
   34. Bell jar collection account (22003).
   35. Industry and utility service account (22004).
   36. Real property disposition account (22006).
   37. Parking account (22007).
   38. Courts special grants (22008).
   39. Asbestos safety training program account (22009).
   40. Batavia school for the blind account (22032).
   41. Investment services account (22034).
   42. Surplus property account (22036).
   43. Financial oversight account (22039).
   44. Regulation of Indian gaming account (22046).
   45. Rome school for the deaf account (22053).
   46. Seized assets account (22054).
   47. Administrative adjudication account (22055).
   48. New York City assessment account (22062).
   49. Cultural education account (22063).
   50. Local services account (22078).
   51. DHCR mortgage servicing account (22085).
   52. Housing indirect cost recovery account (22090).
 S. 8306--C                         165                        A. 8806--C
 
   53. Voting Machine Examinations account (22099).
   54. DHCR-HCA application fee account (22100).
   55. Low income housing monitoring account (22130).
   56. Restitution account (22134).
   57. Corporation administration account (22135).
   58.  New  York  State  Home  for  Veterans  in the Lower-Hudson Valley
 account (22144).
   59. Deferred compensation administration account (22151).
   60. Rent revenue other New York City account (22156).
   61. Rent revenue account (22158).
   62. Transportation aviation account (22165).
   63. Tax revenue arrearage account (22168).
   64. New York State Campaign Finance Fund account (22211).
   65. New York state medical indemnity fund account (22240).
   66. Behavioral health parity compliance fund (22246).
   67. Pharmacy benefit manager regulatory fund (22255).
   68. State university general income offset account (22654).
   69. Lake George park trust fund account (22751).
   70. Highway safety program account (23001).
   71. DOH drinking water program account (23102).
   72. NYCCC operating offset account (23151).
   73. Commercial gaming revenue account (23701).
   74. Commercial gaming regulation account (23702).
   75. Highway use tax administration account (23801).
   76. New York state secure choice administrative account (23806).
   77. New York state cannabis revenue fund (24800).
   78. Fantasy sports administration account (24951).
   79. Mobile sports wagering fund (24955).
   80. Highway and bridge capital account (30051).
   81. State university residence hall rehabilitation fund (30100).
   82. State parks infrastructure account (30351).
   83. Clean water/clean air implementation fund (30500).
   84. Hazardous waste remedial cleanup account (31506).
   85. Youth facilities improvement account (31701).
   86. Housing assistance fund (31800).
   87. Housing program fund (31850).
   88. Highway facility purpose account (31951).
   89. New York racing account (32213).
   90. Capital miscellaneous gifts account (32214).
   91. Information technology capital financing account (32215).
   92. New York environmental protection and  spill  remediation  account
 (32219).
   93. Mental hygiene facilities capital improvement fund (32300).
   94. Correctional facilities capital improvement fund (32350).
   95. New York State Storm Recovery Capital Fund (33000).
   96. OGS convention center account (50318).
   97. Empire Plaza Gift Shop (50327).
   98.  Unemployment  Insurance Benefit Fund, Interest Assessment Account
 (50651).
   99. Centralized services fund (55000).
   100. Archives records management account (55052).
   101. Federal single audit account (55053).
   102. Civil service administration account (55055).
   103. Civil service EHS occupational health program account (55056).
   104. Banking services account (55057).
   105. Cultural resources survey account (55058).
 S. 8306--C                         166                        A. 8806--C
 
   106. Neighborhood work project account (55059).
   107. Automation & printing chargeback account (55060).
   108. OFT NYT account (55061).
   109. Data center account (55062).
   110. Intrusion detection account (55066).
   111. Domestic violence grant account (55067).
   112. Centralized technology services account (55069).
   113. Labor contact center account (55071).
   114. Human services contact center account (55072).
   115. Tax contact center account (55073).
   116. Department of law civil recoveries account (55074).
   117. Executive direction internal audit account (55251).
   118. CIO Information technology centralized services account (55252).
   119. Health insurance internal service account (55300).
   120.  Civil  service employee benefits division administrative account
 (55301).
   121. Correctional industries revolving fund (55350).
   122. Employees health insurance account (60201).
   123. Medicaid management information system escrow fund (60900).
   124. Virtual currency assessments account.
   125. Animal shelter regulation account.
   126.  Department  of  financial  services  IT  modernization   capital
 account.
   §  2.  The state comptroller is hereby authorized and directed to loan
 money in accordance with the provisions set forth in  subdivision  5  of
 section  4  of the state finance law to any account within the following
 federal funds, provided the comptroller has made  a  determination  that
 sufficient  federal grant award authority is available to reimburse such
 loans:
   1. Federal USDA-food and nutrition services fund (25000).
   2. Federal health and human services fund (25100).
   3. Federal education fund (25200).
   4. Federal block grant fund (25250).
   5. Federal miscellaneous operating grants fund (25300).
   6. Federal unemployment insurance administration fund (25900).
   7. Federal unemployment insurance occupational training fund (25950).
   8. Federal emergency employment act fund (26000).
   9. Federal capital projects fund (31350).
   § 3. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, on
 or  before March 31, 2025, up to the unencumbered balance or the follow-
 ing amounts:
   Economic Development and Public Authorities:
   1. $2,175,000 from the miscellaneous special revenue fund, underground
 facilities safety training account (22172), to the general fund.
   2. An amount up to the unencumbered  balance  from  the  miscellaneous
 special  revenue  fund, business and licensing services account (21977),
 to the general fund.
   3. $19,810,000 from  the  miscellaneous  special  revenue  fund,  code
 enforcement account (21904), to the general fund.
   4.  $3,000,000  from  the  general  fund  to the miscellaneous special
 revenue fund, tax revenue arrearage account (22168).
   Education:
   1. $2,807,000,000 from the general fund to  the  state  lottery  fund,
 education  account (20901), as reimbursement for disbursements made from
 S. 8306--C                         167                        A. 8806--C
 
 such fund for supplemental aid to education pursuant to section 92-c  of
 the  state  finance  law  that are in excess of the amounts deposited in
 such fund for such purposes pursuant to section 1612 of the tax law.
   2. $1,096,000,000 from the general fund to the state lottery fund, VLT
 education  account (20904), as reimbursement for disbursements made from
 such fund for supplemental aid to education pursuant to section 92-c  of
 the  state  finance  law  that are in excess of the amounts deposited in
 such fund for such purposes pursuant to section 1612 of the tax law.
   3. $121,900,000 from the general fund to the New York state commercial
 gaming fund, commercial gaming revenue account (23701), as reimbursement
 for disbursements made from such fund for supplemental aid to  education
 pursuant  to section 97-nnnn of the state finance law that are in excess
 of the amounts deposited in such fund for purposes pursuant  to  section
 1352 of the racing, pari-mutuel wagering and breeding law.
   4.  $1,039,800,000 from the general fund to the mobile sports wagering
 fund, education account (24955), as reimbursement for disbursements made
 from such fund for supplemental aid to  education  pursuant  to  section
 92-c of the state finance law that are in excess of the amounts deposit-
 ed  in  such  fund  for  such  purposes  pursuant to section 1367 of the
 racing, pari-mutuel wagering and breeding law.
   5. $46,000,000 from  the  interactive  fantasy  sports  fund,  fantasy
 sports  education  account (24950), to the state lottery fund, education
 account (20901), as reimbursement for disbursements made from such  fund
 for  supplemental aid to education pursuant to section 92-c of the state
 finance law.
   6. An amount up to the unencumbered balance in the fund on  March  31,
 2025  from  the  charitable  gifts  trust fund, elementary and secondary
 education account (24901), to the general fund, for payment  of  general
 support  for  public schools pursuant to section 3609-a of the education
 law.
   7. Moneys from the state lottery fund (20900) up to an amount deposit-
 ed in such fund pursuant to section 1612 of the tax law in excess of the
 current year appropriation for supplemental aid to education pursuant to
 section 92-c of the state finance law.
   8. $300,000 from the New York state local government  records  manage-
 ment  improvement  fund,  local  government  records  management account
 (20501), to the New York state archives partnership trust fund, archives
 partnership trust maintenance account (20351).
   9. $900,000 from the general fund to the miscellaneous special revenue
 fund, Batavia school for the blind account (22032).
   10. $900,000 from the general fund to the miscellaneous special reven-
 ue fund, Rome school for the deaf account (22053).
   11. $343,400,000 from  the  state  university  dormitory  income  fund
 (40350)  to  the  miscellaneous  special  revenue fund, state university
 dormitory income reimbursable account (21937).
   12. Intentionally omitted.
   13. $24,000,000 from any of the state education  department's  special
 revenue  and internal service funds to the miscellaneous special revenue
 fund, indirect cost recovery account (21978).
   14. $4,200,000 from any of the state  education  department's  special
 revenue or internal service funds to the capital projects fund (30000).
   15.  $30,013,000  from  the  general fund to the miscellaneous special
 revenue fund, HESC-insurance premium payments account (21960).
   Environmental Affairs:
   1. $16,000,000 from any of the department of  environmental  conserva-
 tion's  special  revenue federal funds, and/or federal capital funds, to
 S. 8306--C                         168                        A. 8806--C
 
 the environmental conservation special revenue  fund,  federal  indirect
 recovery account (21065).
   2.  $5,000,000  from  any of the department of environmental conserva-
 tion's special revenue federal funds, and/or federal capital  funds,  to
 the  conservation  fund  (21150)  or Marine Resources Account (21151) as
 necessary to avoid diversion of conservation funds.
   3. $3,000,000 from any of the office of parks, recreation and historic
 preservation capital projects federal funds and special revenue  federal
 funds  to the miscellaneous special revenue fund, federal grant indirect
 cost recovery account (22188).
   4. $1,000,000 from any of the office of parks, recreation and historic
 preservation special revenue federal funds to the miscellaneous  capital
 projects fund, I love NY water account (32212).
   5.  $100,000,000 from the general fund to the environmental protection
 fund, environmental protection fund transfer account (30451).
   6. $10,000,000 from the general fund to the hazardous  waste  remedial
 fund, hazardous waste oversight and assistance account (31506).
   7.  An  amount  up  to or equal to the cash balance within the special
 revenue-other waste management & cleanup account (21053) to the  capital
 projects  fund  (30000) for services and capital expenses related to the
 management and cleanup program as put forth in section  27-1915  of  the
 environmental conservation law.
   8.  $1,800,000  from  the  miscellaneous  special revenue fund, public
 service account (22011) to the miscellaneous special revenue fund, util-
 ity environmental regulatory account (21064).
   9. $7,000,000 from the general fund to the enterprise fund, state fair
 account (50051).
   10. $10,000,000 from the waste management & cleanup account (21053) to
 the general fund.
   11. $3,000,000 from the waste management & cleanup account (21053)  to
 the environmental protection fund transfer account (30451).
   12.  $10,000,000  from  the  general fund to the miscellaneous special
 revenue fund, patron services account (22163).
   13. $15,000,000 from the enterprise fund, golf account (50332) to  the
 state  park  infrastructure  fund,  state  park  infrastructure  account
 (30351).
   Family Assistance:
   1. $7,000,000 from any of the office of children and family  services,
 office  of  temporary and disability assistance, or department of health
 special revenue federal funds and the general fund, in  accordance  with
 agreements  with social services districts, to the miscellaneous special
 revenue fund, office of human resources development state match  account
 (21967).
   2.  $4,000,000  from any of the office of children and family services
 or office of temporary and disability assistance special revenue federal
 funds to the miscellaneous special revenue fund, family preservation and
 support services and family violence services account (22082).
   3. $18,670,000 from any of the office of children and family services,
 office of temporary and disability assistance, or department  of  health
 special  revenue  federal  funds  and  any  other miscellaneous revenues
 generated from the operation of office of children and  family  services
 programs to the general fund.
   4.  $205,000,000  from  any  of the office of temporary and disability
 assistance or department of health special revenue funds to the  general
 fund.
 S. 8306--C                         169                        A. 8806--C
 
   5.  $2,500,000  from  any  of  the  office of temporary and disability
 assistance special revenue funds to the  miscellaneous  special  revenue
 fund,  office  of  temporary  and  disability assistance program account
 (21980).
   6. $35,000,000 from any of the office of children and family services,
 office  of temporary and disability assistance, department of labor, and
 department of health special revenue federal  funds  to  the  office  of
 children  and family services miscellaneous special revenue fund, multi-
 agency training contract account (21989).
   7. $205,000,000 from the miscellaneous  special  revenue  fund,  youth
 facility per diem account (22186), to the general fund.
   8.  $621,850  from the general fund to the combined gifts, grants, and
 bequests fund, WB Hoyt Memorial account (20128).
   9. $5,000,000 from  the  miscellaneous  special  revenue  fund,  state
 central registry (22028), to the general fund.
   10.  $900,000  from  the general fund to the Veterans' Remembrance and
 Cemetery Maintenance and Operation account (20201).
   11. $5,000,000 from the general  fund  to  the  housing  program  fund
 (31850).
   12. $10,000,000 from any of the office of children and family services
 special  revenue federal funds to the office of the court administration
 special revenue other federal iv-e funds account.
   General Government:
   1. $9,000,000 from the general fund to the health insurance  revolving
 fund (55300).
   2.  $292,400,000  from  the  health  insurance  reserve  receipts fund
 (60550) to the general fund.
   3. $150,000 from the general fund to the not-for-profit revolving loan
 fund (20650).
   4. $150,000 from the not-for-profit revolving loan fund (20650) to the
 general fund.
   5. $3,000,000 from the miscellaneous  special  revenue  fund,  surplus
 property account (22036), to the general fund.
   6.  $19,000,000  from  the miscellaneous special revenue fund, revenue
 arrearage account (22024), to the general fund.
   7. $3,326,000 from the miscellaneous  special  revenue  fund,  revenue
 arrearage  account  (22024),  to the miscellaneous special revenue fund,
 authority budget office account (22138).
   8. $1,000,000 from the miscellaneous  special  revenue  fund,  parking
 account (22007), to the general fund, for the purpose of reimbursing the
 costs of debt service related to state parking facilities.
   9.  $11,460,000 from the general fund to the agencies internal service
 fund, central technology services account (55069), for  the  purpose  of
 enterprise technology projects.
   10. $10,000,000 from the general fund to the agencies internal service
 fund, state data center account (55062).
   11.  $12,000,000  from the miscellaneous special revenue fund, parking
 account (22007), to the centralized services, building support  services
 account (55018).
   12.  $33,000,000  from  the general fund to the internal service fund,
 business services center account (55022).
   13. $8,000,000 from the general fund to  the  internal  service  fund,
 building support services account (55018).
   14.  $1,500,000 from the combined expendable trust fund, plaza special
 events account (20120), to the general fund.
 S. 8306--C                         170                        A. 8806--C
 
   15. $50,000,000 from the New York State cannabis revenue fund  (24800)
 to the general fund.
   16.  A  transfer  from  the  general fund to the miscellaneous special
 revenue fund, New York State Campaign Finance Fund Account  (22211),  up
 to an amount equal to total reimbursements due to qualified candidates.
   17.  $6,000,000 from the miscellaneous special revenue fund, standards
 and purchasing account (22019), to the general fund.
   18. $5,600,000  from  the  banking  department  special  revenue  fund
 (21970) funded by the assessment to defray operating expenses authorized
 by  section  206  of  the financial services law to the IT Modernization
 Capital Fund.
   19. $8,400,000 from the  insurance  department  special  revenue  fund
 (21994) funded by the assessment to defray operating expenses authorized
 by  section  206  of  the financial services law to the IT Modernization
 Capital Fund.
   20. $500,000 from the pharmacy benefits bureau  special  revenue  fund
 (22255) funded by the assessment to defray operating expenses authorized
 by  section  206  of the financial services law, to the IT Modernization
 Capital Fund.
   21. $500,000 from the virtual currency special  revenue  fund  (22262)
 funded  by  the  assessment  to  defray operating expenses authorized by
 section 206 of the financial services law, to the IT Modernization Capi-
 tal Fund.
   22. $250,000 from the general fund to the miscellaneous special reven-
 ue fund, authority budget office account (22138).
   Health:
   1. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund, breast cancer research and education account (20155), up
 to an amount equal to the  monies  collected  and  deposited  into  that
 account in the previous fiscal year.
   2.  A transfer from the general fund to the combined gifts, grants and
 bequests  fund,  prostate  cancer  research,  detection,  and  education
 account  (20183),  up  to  an  amount  equal to the moneys collected and
 deposited into that account in the previous fiscal year.
   3. A transfer from the general fund to the combined gifts, grants  and
 bequests  fund,  Alzheimer's  disease  research  and  assistance account
 (20143), up to an amount equal to the  moneys  collected  and  deposited
 into that account in the previous fiscal year.
   4. $3,600,000 from the miscellaneous special revenue fund, certificate
 of  need  account  (21920),  to the miscellaneous capital projects fund,
 healthcare IT capital subfund (32216).
   5. $4,000,000 from  the  miscellaneous  special  revenue  fund,  vital
 health  records  account  (22103), to the miscellaneous capital projects
 fund, healthcare IT capital subfund (32216).
   6. $6,000,000 from the miscellaneous  special  revenue  fund,  profes-
 sional  medical  conduct  account  (22088), to the miscellaneous capital
 projects fund, healthcare IT capital subfund (32216).
   7. $131,000,000 from the HCRA resources fund (20800)  to  the  capital
 projects fund (30000).
   8.  $6,550,000  from  the  general  fund to the medical cannabis trust
 fund, health operation and oversight account (23755).
   9. An amount up to the unencumbered balance from the charitable  gifts
 trust  fund, health charitable account (24900), to the general fund, for
 payment of general support for primary, preventive, and inpatient health
 care, dental and vision care, hunger prevention and nutritional  assist-
 ance,  and  other services for New York state residents with the overall
 S. 8306--C                         171                        A. 8806--C
 
 goal of ensuring that New York state residents have  access  to  quality
 health care and other related services.
   10.  $500,000  from  the  miscellaneous special revenue fund, New York
 State cannabis revenue fund (24800), to the miscellaneous special reven-
 ue fund, environmental laboratory fee account (21959).
   11. An amount up to the unencumbered balance from  the  public  health
 emergency  charitable gifts trust fund (23816), to the general fund, for
 payment of goods and services necessary to respond to  a  public  health
 disaster emergency or to assist or aid in responding to such a disaster.
   12.  $1,000,000,000 from the general fund to the health care transfor-
 mation fund (24850).
   13. $2,590,000 from the miscellaneous special  revenue  fund,  patient
 safety center account (22140), to the general fund.
   14.  $1,000,000  from  the miscellaneous special revenue fund, nursing
 home receivership account (21925), to the general fund.
   15. $130,000 from the miscellaneous special revenue fund,  quality  of
 care account (21915), to the general fund.
   16. $2,200,000 from the miscellaneous special revenue fund, adult home
 quality enhancement account (22091), to the general fund.
   17.  $22,113,000  from  the general fund, to the miscellaneous special
 revenue fund, helen hayes hospital account (22140).
   18. $4,850,000 from the general fund,  to  the  miscellaneous  special
 revenue fund, New York city veterans' home account (22141).
   19.  $3,675,000  from  the  general fund, to the miscellaneous special
 revenue fund, New York state home for veterans' and their dependents  at
 oxford account (22142).
   20.  $2,055,000  from  the  general fund, to the miscellaneous special
 revenue fund, western New York veterans' home account (22143).
   21. $6,451,000 from the general fund,  to  the  miscellaneous  special
 revenue  fund,  New  York  state for veterans in the lower-hudson valley
 account (22144).
   22. $6,600,000 from the general fund, to the New  York  state  medical
 indemnity fund (22240).
   23.  $350,000,000  from the general fund, to the miscellaneous special
 revenue fund, healthcare stability fund account.
   24. $5,000,000 from the general fund to the occupational health  clin-
 ics account (22177).
   Labor:
   1.  $600,000  from the miscellaneous special revenue fund, DOL fee and
 penalty account (21923), to the child performer's protection fund, child
 performer protection account (20401).
   2. $11,700,000 from the unemployment insurance  interest  and  penalty
 fund,  unemployment  insurance  special  interest  and  penalty  account
 (23601), to the general fund.
   3. $50,000,000 from the DOL fee and penalty account (21923), unemploy-
 ment insurance special interest and penalty account (23601), and  public
 work enforcement account (21998), to the general fund.
   4.  $850,000 from the miscellaneous special revenue fund, DOL elevator
 safety program fund (22252) to the miscellaneous special  revenue  fund,
 DOL fee and penalty account (21923).
   Mental Hygiene:
   1.  $3,800,000 from the general fund, to the agencies internal service
 fund, civil service EHS occupational health program account (55056).
   2. $2,000,000 from the general fund, to the mental hygiene  facilities
 capital improvement fund (32300).
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   3.  $20,000,000 from the opioid settlement fund (23817) to the miscel-
 laneous  capital  projects  fund,  opioid  settlement  capital   account
 (32200).
   4.  $20,000,000  from  the miscellaneous capital projects fund, opioid
 settlement  capital  account  (32200)  to  the  opioid  settlement  fund
 (23817).
   Public Protection:
   1.  $1,350,000  from the miscellaneous special revenue fund, emergency
 management account (21944), to the general fund.
   2. $2,587,000 from the  general  fund  to  the  miscellaneous  special
 revenue fund, recruitment incentive account (22171).
   3.  $23,773,000  from  the general fund to the correctional industries
 revolving  fund,  correctional  industries  internal   service   account
 (55350).
   4.  $2,000,000,000  from  any of the division of homeland security and
 emergency services special revenue federal funds to the general fund.
   5. $115,420,000 from the state police motor  vehicle  law  enforcement
 and  motor  vehicle  theft  and  insurance  fraud prevention fund, state
 police motor vehicle enforcement account (22802), to  the  general  fund
 for state operation expenses of the division of state police.
   6.  $138,272,000  from the general fund to the correctional facilities
 capital improvement fund (32350).
   7. $5,000,000 from the general  fund  to  the  dedicated  highway  and
 bridge trust fund (30050) for the purpose of work zone safety activities
 provided by the division of state police for the department of transpor-
 tation.
   8.  $10,000,000 from the miscellaneous special revenue fund, statewide
 public safety communications account (22123), to  the  capital  projects
 fund (30000).
   9.  $9,830,000  from  the  miscellaneous  special  revenue fund, legal
 services assistance account (22096), to the general fund.
   10. $1,000,000 from the general fund to the agencies internal  service
 fund, neighborhood work project account (55059).
   11.  $7,980,000  from  the miscellaneous special revenue fund, finger-
 print identification & technology account (21950), to the general fund.
   12. $1,100,000 from the state police motor vehicle law enforcement and
 motor vehicle theft and insurance fraud prevention fund,  motor  vehicle
 theft and insurance fraud account (22801), to the general fund.
   13.  $38,938,000  from  the  general fund to the miscellaneous special
 revenue fund, criminal justice improvement account (21945).
   14. $6,000,000 from the general  fund  to  the  miscellaneous  special
 revenue fund, hazard mitigation revolving loan account.
   15. $234,000,000 from the indigent legal services fund, indigent legal
 services account (23551) to the general fund.
   Transportation:
   1.  $20,000,000 from the general fund to the mass transportation oper-
 ating assistance fund, public transportation systems  operating  assist-
 ance account (21401), of which $12,000,000 constitutes the base need for
 operations.
   2.  $727,500,000  from  the  general fund to the dedicated highway and
 bridge trust fund (30050).
   3. $244,250,000 from the general fund to the MTA financial  assistance
 fund, mobility tax trust account (23651).
   4. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account  (22067)  to  the dedicated highway and bridge
 trust fund (30050), for disbursements made  from  such  fund  for  motor
 S. 8306--C                         173                        A. 8806--C
 
 carrier  safety that are in excess of the amounts deposited in the dedi-
 cated highway and bridge trust fund (30050) for such purpose pursuant to
 section 94 of the transportation law.
   5. $477,000 from the miscellaneous special revenue fund, traffic adju-
 dication account (22055), to the general fund.
   6. $5,000,000 from the miscellaneous special revenue fund, transporta-
 tion  regulation  account (22067) to the general fund, for disbursements
 made from such fund for motor carrier safety that are in excess  of  the
 amounts  deposited  in  the  general  fund  for such purpose pursuant to
 section 94 of the transportation law.
   Miscellaneous:
   1. $250,000,000 from the general fund to any funds or accounts for the
 purpose of reimbursing certain outstanding accounts receivable balances.
   2. $500,000,000 from the general fund to the  debt  reduction  reserve
 fund (40000).
   3.  $450,000,000  from  the New York state storm recovery capital fund
 (33000) to the revenue bond tax fund (40152).
   4. $15,500,000 from the general fund, community  projects  account  GG
 (10256), to the general fund, state purposes account (10050).
   5.  $100,000,000  from any special revenue federal fund to the general
 fund, state purposes account (10050).
   6. $3,650,000,000 from the special revenue federal  fund,  ARPA-Fiscal
 Recovery  Fund  (25546)  to  the  general  fund,  state purposes account
 (10050) to cover eligible costs incurred by the state.
   7. $1,000,000,000 from the general fund to the hazardous  waste  over-
 sight and assistance account (31506), State parks infrastructure account
 (30351),  environmental  protection  fund  transfer account (30451), the
 correctional  facilities  capital  improvement  fund  (32350),   housing
 program  fund (31850), or the Mental hygiene facilities capital improve-
 ment fund (32300), up to an amount equal to certain outstanding accounts
 receivable balances.
   § 4. Notwithstanding any law to the contrary, and in  accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, on or before March 31, 2025:
   1.  Upon request of the commissioner of environmental conservation, up
 to $12,745,400 from revenues credited to any of the department of  envi-
 ronmental  conservation special revenue funds, including $4,000,000 from
 the environmental protection and oil spill  compensation  fund  (21200),
 and  $1,834,600 from the conservation fund (21150), to the environmental
 conservation special revenue fund, indirect charges account (21060).
   2. Upon request of the commissioner of agriculture and markets, up  to
 $3,000,000  from  any special revenue fund or enterprise fund within the
 department of agriculture and markets to the general fund, to pay appro-
 priate administrative expenses.
   3. Upon request of the commissioner of the  division  of  housing  and
 community  renewal, up to $6,221,000 from revenues credited to any divi-
 sion of housing and community renewal federal or  miscellaneous  special
 revenue fund to the miscellaneous special revenue fund, housing indirect
 cost recovery account (22090).
   4.  Upon  request  of  the commissioner of the division of housing and
 community renewal, up to $5,500,000 may be transferred from any  miscel-
 laneous  special  revenue  fund  account,  to  any miscellaneous special
 revenue fund.
   5. Upon request of the commissioner of health up to  $13,694,000  from
 revenues  credited  to any of the department of health's special revenue
 S. 8306--C                         174                        A. 8806--C
 
 funds, to the miscellaneous special revenue fund, administration account
 (21982).
   6.  Upon  the  request  of the attorney general, up to $4,000,000 from
 revenues credited to the federal health and human services fund, federal
 health and human services account (25117) or the  miscellaneous  special
 revenue  fund,  recoveries and revenue account (22041), to the miscella-
 neous special revenue fund, litigation  settlement  and  civil  recovery
 account (22117).
   § 5. On or before March 31, 2025, the comptroller is hereby authorized
 and  directed  to  deposit  earnings  that would otherwise accrue to the
 general fund that are attributable to the operation of section  98-a  of
 the  state  finance  law, to the agencies internal service fund, banking
 services account (55057), for the purpose  of  meeting  direct  payments
 from such account.
   §  6.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon consultation with the state university chancellor  or  his  or  her
 designee,  on or before March 31, 2025, up to $16,000,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Buffalo.
   §  7.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget and
 upon consultation with the state university chancellor  or  his  or  her
 designee,  on  or before March 31, 2025, up to $6,500,000 from the state
 university income fund general revenue  account  (22653)  to  the  state
 general  fund for debt service costs related to campus supported capital
 project costs for the  NY-SUNY  2020  challenge  grant  program  at  the
 University at Albany.
   §  8.  Notwithstanding  any  law to the contrary, the state university
 chancellor or his or her designee is authorized and directed to transfer
 estimated tuition revenue balances from the state university  collection
 fund  (61000)  to  the  state  university  income fund, state university
 general revenue offset account (22655) on or before March 31, 2025.
   § 8-a. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget,  a
 total of up to $100,000,000 from the general fund to the state universi-
 ty  income fund, state university general revenue offset account (22655)
 and/or the state university  income  fund,  state  university  hospitals
 income  reimbursable  account  (22656)  during  the  period July 1, 2024
 through June 30, 2025 to pay costs attributable to the state  university
 health  science  center  at  Brooklyn and/or the state university of New
 York hospital at Brooklyn, respectively, pursuant to a plan approved  by
 the director of the budget.
   §  9.  Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to $1,388,664,500 from the general fund to the state  university  income
 fund, state university general revenue offset account (22655) during the
 period  of  July  1, 2024 through June 30, 2025 to support operations at
 the state university.
 S. 8306--C                         175                        A. 8806--C
 
   § 10. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to  $103,000,000  from  the  general fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period  of  April 1, 2024 through June 30, 2024 to support operations at
 the state university.
   § 11. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to  $54,700,000  from  the  general  fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of July 1, 2024 to June  30,  2025  for  general  fund  operating
 support  pursuant  to subparagraph (4-b) of paragraph h of subdivision 2
 of section three hundred fifty-five of the education law.
   § 12. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the director of the budget, up
 to  $20,000,000  from  the  general  fund to the state university income
 fund, state university general revenue offset account (22655) during the
 period of July 1, 2024 to June 30, 2025 to fully fund the tuition credit
 pursuant to subdivision two of section six hundred sixty-nine-h  of  the
 education law.
   §  13. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller is hereby authorized
 and directed to transfer, upon request of the state university  chancel-
 lor  or his or her designee, up to $55,000,000 from the state university
 income fund, state  university  hospitals  income  reimbursable  account
 (22656),  for  services  and expenses of hospital operations and capital
 expenditures at the state university hospitals; and the state university
 income fund, Long Island veterans' home account  (22652)  to  the  state
 university capital projects fund (32400) on or before June 30, 2025.
   §  14. Notwithstanding any law to the contrary, and in accordance with
 section 4 of the state finance law, the comptroller, after  consultation
 with  the  state university chancellor or his or her designee, is hereby
 authorized and directed to transfer moneys, in the first instance,  from
 the  state  university  collection fund, Stony Brook hospital collection
 account (61006), Brooklyn hospital collection account (61007), and Syra-
 cuse hospital collection account (61008) to the state university  income
 fund,  state university hospitals income reimbursable account (22656) in
 the event insufficient funds  are  available  in  the  state  university
 income  fund,  state  university  hospitals  income reimbursable account
 (22656) to permit the full transfer of moneys authorized  for  transfer,
 to  the  general  fund  for  payment of debt service related to the SUNY
 hospitals. Notwithstanding any law to the contrary, the  comptroller  is
 also  hereby  authorized and directed, after consultation with the state
 university chancellor or his or her designee, to  transfer  moneys  from
 the  state  university  income fund to the state university income fund,
 state university hospitals income reimbursable account  (22656)  in  the
 event  insufficient  funds  are available in the state university income
 fund, state university hospitals income reimbursable account (22656)  to
 pay  hospital  operating  costs or to permit the full transfer of moneys
 authorized for transfer, to the general fund for payment of debt service
 related to the SUNY hospitals on or before March 31, 2025.
   § 15. Notwithstanding any law to the contrary, upon the  direction  of
 the director of the budget and the chancellor of the state university of
 S. 8306--C                         176                        A. 8806--C
 
 New York or his or her designee, and in accordance with section 4 of the
 state  finance law, the comptroller is hereby authorized and directed to
 transfer monies from the state university dormitory income fund  (40350)
 to  the state university residence hall rehabilitation fund (30100), and
 from the state university residence hall rehabilitation fund (30100)  to
 the  state university dormitory income fund (40350), in an amount not to
 exceed $100 million from each fund.
   § 16. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, at the request of the director of the budget,
 up to $700,000,000 from the unencumbered balance of any special  revenue
 fund  or  account,  agency  fund  or  account,  internal service fund or
 account, enterprise fund or account, or any combination  of  such  funds
 and  accounts,  to the general fund. The amounts transferred pursuant to
 this authorization shall be in addition to any other transfers expressly
 authorized in the 2024-25 budget. Transfers  from  federal  funds,  debt
 service  funds,  capital projects funds, the community projects fund, or
 funds that would result in the loss of eligibility for federal  benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
 1951 are not permitted pursuant to this authorization.
   § 17. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, at the request of the director of the budget,
 up to $100 million from any non-general fund or account, or  combination
 of  funds and accounts, to the miscellaneous special revenue fund, tech-
 nology financing account (22207),  the  miscellaneous  capital  projects
 fund, the federal capital projects account (31350), information technol-
 ogy  capital  financing  account  (32215), or the centralized technology
 services account (55069), for the purpose  of  consolidating  technology
 procurement  and  services. The amounts transferred to the miscellaneous
 special revenue fund, technology financing account (22207)  pursuant  to
 this  authorization  shall  be  equal to or less than the amount of such
 monies intended  to  support  information  technology  costs  which  are
 attributable,  according to a plan, to such account made in pursuance to
 an appropriation by law. Transfers to the technology  financing  account
 shall  be  completed  from  amounts  collected  by  non-general funds or
 accounts pursuant to a fund deposit schedule or permanent  statute,  and
 shall  be  transferred to the technology financing account pursuant to a
 schedule agreed upon by the affected agency commissioner. Transfers from
 funds that would result in the loss of eligibility for federal  benefits
 or federal funds pursuant to federal law, rule, or regulation as assent-
 ed  to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
 1951 are not permitted pursuant to this authorization.
   § 18. Notwithstanding any law to the contrary, and in accordance  with
 section 4 of the state finance law, the comptroller is hereby authorized
 and  directed to transfer, at the request of the director of the budget,
 up to $400 million from any non-general fund or account, or  combination
 of  funds  and  accounts, to the general fund for the purpose of consol-
 idating technology procurement and  services.  The  amounts  transferred
 pursuant to this authorization shall be equal to or less than the amount
 of  such  monies  intended to support information technology costs which
 are attributable, according to a plan, to such account made in pursuance
 to an appropriation by law. Transfers  to  the  general  fund  shall  be
 completed from amounts collected by non-general funds or accounts pursu-
 ant  to a fund deposit schedule.  Transfers from funds that would result
 S. 8306--C                         177                        A. 8806--C
 
 in the loss of eligibility for federal benefits or federal funds  pursu-
 ant to federal law, rule, or regulation as assented to in chapter 683 of
 the  laws  of 1938 and chapter 700 of the laws of 1951 are not permitted
 pursuant to this authorization.
   §  19. Notwithstanding any provision of law to the contrary, as deemed
 feasible and advisable by its trustees, the power authority of the state
 of New York is authorized and directed to transfer to the state treasury
 to the credit of the general fund up to $20,000,000 for the state fiscal
 year commencing April 1, 2024, the proceeds of which will be utilized to
 support energy-related state activities.
   § 20. Notwithstanding any provision of law to the contrary, as  deemed
 feasible and advisable by its trustees, the power authority of the state
 of New York is authorized to transfer to the state treasury to the cred-
 it  of  the  general  fund  up  to $25,000,000 for the state fiscal year
 commencing April 1, 2024, the proceeds of  which  will  be  utilized  to
 support  programs established or implemented by or within the department
 of labor, including but not limited to the office of just energy transi-
 tion and programs for workforce  training  and  retraining,  to  prepare
 workers for employment for work in the renewable energy field.
   §  21. Notwithstanding any provision of law, rule or regulation to the
 contrary, the New York state energy research and  development  authority
 is  authorized and directed to contribute $913,000 to the state treasury
 to the credit of the general fund on or before March 31, 2025.
   § 22. Notwithstanding any provision of law, rule or regulation to  the
 contrary,  the  New York state energy research and development authority
 is authorized and directed to transfer five million dollars to the cred-
 it of the Environmental Protection Fund on or before March 31, 2025 from
 proceeds collected by the authority from the auction or sale  of  carbon
 dioxide emission allowances allocated by the department of environmental
 conservation.
   §  23.  Subdivision  5  of section 97-rrr of the state finance law, as
 amended by section 21 of part PP of chapter 56 of the laws of  2023,  is
 amended to read as follows:
   5. Notwithstanding the provisions of section one hundred seventy-one-a
 of  the  tax law, as separately amended by chapters four hundred eighty-
 one and four hundred eighty-four of the laws of nineteen hundred  eight-
 y-one,  and notwithstanding the provisions of chapter ninety-four of the
 laws of two thousand eleven, or any  other  provisions  of  law  to  the
 contrary,  during  the  fiscal  year beginning April first, two thousand
 [twenty-three] TWENTY-FOUR, the state comptroller is  hereby  authorized
 and  directed  to  deposit  to the fund created pursuant to this section
 from amounts collected pursuant to article twenty-two of the tax law and
 pursuant to a schedule submitted by the director of the  budget,  up  to
 [$1,716,913,000]  $1,575,393,000 as may be certified in such schedule as
 necessary to meet the purposes of such fund for the fiscal  year  begin-
 ning April first, two thousand [twenty-three] TWENTY-FOUR.
   §  24.  Notwithstanding  any  law  to the contrary, the comptroller is
 hereby authorized and directed to transfer, upon request of the director
 of the budget, on or before March 31, 2025, the following  amounts  from
 the  following  special  revenue  accounts  to the capital projects fund
 (30000), for the purposes of reimbursement to  such  fund  for  expenses
 related to the maintenance and preservation of state assets:
   1. $43,000 from the miscellaneous special revenue fund, administrative
 program account (21982).
   2. $1,537,000 from the miscellaneous special revenue fund, helen hayes
 hospital account (22140).
 S. 8306--C                         178                        A. 8806--C
 
   3. $474,000 from the miscellaneous special revenue fund, New York city
 veterans' home account (22141).
   4.  $593,000  from  the  miscellaneous  special revenue fund, New York
 state home for veterans' and their dependents at oxford account (22142).
   5. $177,000 from the miscellaneous special revenue fund,  western  New
 York veterans' home account (22143).
   6.  $336,000  from  the  miscellaneous  special revenue fund, New York
 state for veterans in the lower-hudson valley account (22144).
   7. $2,550,000 from the  miscellaneous  special  revenue  fund,  patron
 services account (22163).
   8.  $9,173,000  from  the  miscellaneous  special  revenue fund, state
 university general income reimbursable account (22653).
   9. $150,218,000 from the miscellaneous  special  revenue  fund,  state
 university revenue offset account (22655).
   10. $50,197,000 from the state university dormitory income fund, state
 university dormitory income fund (40350).
   11. $1,000,000 from the miscellaneous special revenue fund, litigation
 settlement and civil recovery account (22117).
   §  25. Subdivision 6 of section 4 of the state finance law, as amended
 by section 24 of part FFF of chapter 56 of the laws of 2022, is  amended
 to read as follows:
   6.  Notwithstanding  any  law to the contrary, at the beginning of the
 state fiscal year,  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the  credit of a fund and/or an
 account such monies as are identified by the director of the  budget  as
 having been intended for such deposit to support disbursements from such
 fund  and/or  account  made  in pursuance of an appropriation by law. As
 soon as practicable upon enactment of the budget, the  director  of  the
 budget  shall,  but  not  less  than  three  days  following preliminary
 submission to the chairs of the senate finance committee and the  assem-
 bly  ways  and means committee, file with the state comptroller an iden-
 tification of specific monies to be so deposited. Any subsequent  change
 regarding  the  monies to be so deposited shall be filed by the director
 of the budget, as soon as practicable, but  not  less  than  three  days
 following  preliminary  submission  to  the chairs of the senate finance
 committee and the assembly ways and means committee.
   All monies identified by the director of the budget to be deposited to
 the credit of a fund and/or account shall be consistent with the  intent
 of  the  budget for the then current state fiscal year as enacted by the
 legislature.
   The provisions of this subdivision shall expire on March thirty-first,
 [two thousand twenty-four] TWO THOUSAND TWENTY-SEVEN.
   § 26. Subdivision 4 of section 40 of the state finance law, as amended
 by section 25 of part FFF of chapter 56 of the laws of 2022, is  amended
 to read as follows:
   4.  Every appropriation made from a fund or account to a department or
 agency shall be available for the payment of prior years' liabilities in
 such fund or account for fringe benefits, indirect costs, and telecommu-
 nications expenses and expenses  for  other  centralized  services  fund
 programs  without limit. Every appropriation shall also be available for
 the payment of prior  years'  liabilities  other  than  those  indicated
 above,  but  only  to the extent of one-half of one percent of the total
 amount appropriated to a department or agency in such fund or account.
   The provisions of this subdivision shall  expire  March  thirty-first,
 [two thousand twenty-four] TWO THOUSAND TWENTY-SEVEN.
 S. 8306--C                         179                        A. 8806--C
 
   §  26-a.  Subdivision  4  of  section  18 of the state finance law, as
 amended by section 30 of subpart D of part V-1 of chapter 57 of the laws
 of 2009, is amended to read as follows:
   4.  Unless  provided  otherwise  by contract, statute or regulation, a
 debtor that fails to make payment of a debt within the period set  forth
 in  subdivision  three  of  this  section  shall pay, in addition to the
 amount of debt, [the  greater  of:  (a)]  interest  on  the  outstanding
 balance  of  the  debt, accruing on the date on which the receipt of the
 first billing invoice or first notice occurs, computed at the  underpay-
 ment  rate which is in effect on the date which the receipt of the first
 billing invoice or first billing notice occurs[; or (b) a  late  payment
 charge  of ten dollars]. For the purposes of this section, the underpay-
 ment rate shall be that rate set by the  commissioner  of  taxation  and
 finance  and  published in the state register pursuant to subsection (e)
 of section one thousand ninety-six of the tax law minus four  percentage
 points.  With  respect  to specific classes of debt collected by a state
 agency, the director of the budget or official  of  a  state  agency  so
 designated  by  the director of the budget may approve the assessment of
 interest [or late payment charges] at a date later  than  the  thirtieth
 day  following  such  debtor's  receipt of any billing invoice or notice
 sent by the state agency.
   § 27. Notwithstanding any  other  law,  rule,  or  regulation  to  the
 contrary, the state comptroller is hereby authorized and directed to use
 any  balance  remaining  in the mental health services fund debt service
 appropriation, after payment by the state comptroller of all obligations
 required pursuant to any lease, sublease, or other financing arrangement
 between the dormitory authority of the state of New York as successor to
 the New York state medical  care  facilities  finance  agency,  and  the
 facilities development corporation pursuant to chapter 83 of the laws of
 1995  and  the  department  of  mental hygiene for the purpose of making
 payments to the dormitory authority of the state of  New  York  for  the
 amount  of  the  earnings  for the investment of monies deposited in the
 mental health services fund that such agency determines will or may have
 to be rebated to the federal government pursuant to  the  provisions  of
 the  internal  revenue code of 1986, as amended, in order to enable such
 agency to maintain the exemption from federal  income  taxation  on  the
 interest paid to the holders of such agency's mental services facilities
 improvement  revenue  bonds.  Annually on or before each June 30th, such
 agency shall certify to the state comptroller its determination  of  the
 amounts  received  in the mental health services fund as a result of the
 investment of monies deposited therein that  will  or  may  have  to  be
 rebated  to  the  federal  government  pursuant to the provisions of the
 internal revenue code of 1986, as amended.
   § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
 of 1997, relating  to  the  financing  of  the  correctional  facilities
 improvement  fund and the youth facility improvement fund, as amended by
 section 27 of part PP of chapter 56 of the laws of 2023, is  amended  to
 read as follows:
   1.  Subject  to  the provisions of chapter 59 of the laws of 2000, but
 notwithstanding the provisions of section 18 of section 1 of chapter 174
 of the laws of 1968, the New York state urban development corporation is
 hereby authorized to issue bonds, notes  and  other  obligations  in  an
 aggregate  principal  amount  not  to exceed [nine billion eight hundred
 sixty-five   million   eight   hundred   fifty-nine   thousand   dollars
 $9,865,859,000]    TEN  BILLION  TWO  HUNDRED  NINETY-NINE MILLION THREE
 HUNDRED FIFTY-NINE THOUSAND DOLLARS $10,299,359,000, and  shall  include
 S. 8306--C                         180                        A. 8806--C
 
 all  bonds, notes and other obligations issued pursuant to chapter 56 of
 the laws of 1983, as amended  or  supplemented.  The  proceeds  of  such
 bonds, notes or other obligations shall be paid to the state, for depos-
 it  in  the  correctional facilities capital improvement fund to pay for
 all or any portion of the amount or  amounts  paid  by  the  state  from
 appropriations or reappropriations made to the department of corrections
 and  community  supervision  from  the  correctional  facilities capital
 improvement fund for capital projects. The aggregate  amount  of  bonds,
 notes  or  other  obligations  authorized  to be issued pursuant to this
 section shall exclude bonds, notes or other obligations issued to refund
 or otherwise repay bonds, notes or other obligations theretofore issued,
 the proceeds of which were paid to the state for all or a portion of the
 amounts expended by the state from  appropriations  or  reappropriations
 made  to  the  department  of  corrections  and  community  supervision;
 provided, however, that upon any such refunding or repayment  the  total
 aggregate  principal  amount  of outstanding bonds, notes or other obli-
 gations may be greater  than  [nine  billion  eight  hundred  sixty-five
 million  eight  hundred  fifty-nine thousand dollars $9,865,859,000] TEN
 BILLION TWO HUNDRED NINETY-NINE MILLION THREE HUNDRED  FIFTY-NINE  THOU-
 SAND DOLLARS $10,299,359,000, only if the present value of the aggregate
 debt  service  of the refunding or repayment bonds, notes or other obli-
 gations to be issued shall not exceed the present value of the aggregate
 debt service of the bonds, notes or other obligations so to be  refunded
 or  repaid.  For the purposes hereof, the present value of the aggregate
 debt service of the refunding or repayment bonds, notes or  other  obli-
 gations  and  of the aggregate debt service of the bonds, notes or other
 obligations so refunded or repaid, shall be calculated by utilizing  the
 effective  interest  rate  of the refunding or repayment bonds, notes or
 other obligations, which shall be that rate arrived at by  doubling  the
 semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
 discount the debt service payments on the refunding or repayment  bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue  of  the  refunding or repayment bonds, notes or other obligations
 and to the price bid including estimated accrued  interest  or  proceeds
 received  by  the  corporation including estimated accrued interest from
 the sale thereof.
   § 29. Paragraph (a) of subdivision 2 of section 47-e  of  the  private
 housing  finance  law, as amended by section 42 of part PP of chapter 56
 of the laws of 2023, is amended to read as follows:
   (a) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand, in order to enhance and encourage  the  promotion  of  housing
 programs  and thereby achieve the stated purposes and objectives of such
 housing programs, the agency shall have the power and is hereby  author-
 ized  from  time  to  time to issue negotiable housing program bonds and
 notes in such principal amount as shall be necessary to  provide  suffi-
 cient  funds  for the repayment of amounts disbursed (and not previously
 reimbursed) pursuant to law or any prior year making  capital  appropri-
 ations  or  reappropriations  for  the  purposes of the housing program;
 provided, however, that the agency may issue such bonds and notes in  an
 aggregate  principal  amount not exceeding [thirteen billion six hundred
 thirty-five  million   four   hundred   twenty-five   thousand   dollars
 $13,635,425,000] FOURTEEN BILLION FIVE HUNDRED TWENTY-SIX MILLION EIGHT-
 Y-NINE  THOUSAND  DOLLARS  $14,526,089,000,  plus  a principal amount of
 bonds issued to fund the debt service reserve fund  in  accordance  with
 the  debt service reserve fund requirement established by the agency and
 to fund any other reserves that the agency  reasonably  deems  necessary
 S. 8306--C                         181                        A. 8806--C
 
 for  the  security or marketability of such bonds and to provide for the
 payment of fees and other charges and expenses, including  underwriters'
 discount,  trustee  and  rating  agency  fees,  bond  insurance,  credit
 enhancement  and  liquidity  enhancement related to the issuance of such
 bonds and notes. No reserve fund  securing  the  housing  program  bonds
 shall  be  entitled  or  eligible  to receive state funds apportioned or
 appropriated to maintain or restore such reserve fund at or to a partic-
 ular level, except to the extent of any deficiency resulting directly or
 indirectly from a failure of the state to appropriate or pay the  agreed
 amount  under  any  of the contracts provided for in subdivision four of
 this section.
   § 30. Paragraph (b) of subdivision 1 of  section  385  of  the  public
 authorities  law,  as  amended by section 45 of part PP of chapter 56 of
 the laws of 2023, is amended to read as follows:
   (b) The  authority  is  hereby  authorized,  as  additional  corporate
 purposes  thereof solely upon the request of the director of the budget:
 (i) to issue special emergency highway and bridge trust fund  bonds  and
 notes  for  a  term  not to exceed thirty years and to incur obligations
 secured by the moneys appropriated from the dedicated highway and bridge
 trust fund established in section eighty-nine-b  of  the  state  finance
 law; (ii) to make available the proceeds in accordance with instructions
 provided  by  the  director  of the budget from the sale of such special
 emergency highway and bridge trust fund  bonds,  notes  or  other  obli-
 gations,  net of all costs to the authority in connection therewith, for
 the purposes of financing all or a portion of the  costs  of  activities
 for  which  moneys in the dedicated highway and bridge trust fund estab-
 lished in section eighty-nine-b of the state finance law are  authorized
 to  be  utilized or for the financing of disbursements made by the state
 for the activities authorized pursuant to section eighty-nine-b  of  the
 state  finance  law; and (iii) to enter into agreements with the commis-
 sioner of transportation pursuant to section ten-e of  the  highway  law
 with  respect  to  financing  for  any activities authorized pursuant to
 section eighty-nine-b of the state finance law, or agreements  with  the
 commissioner  of  transportation pursuant to sections ten-f and ten-g of
 the highway law in connection with activities on state highways pursuant
 to these sections, and (iv) to enter into service contracts,  contracts,
 agreements,  deeds  and  leases  with  the director of the budget or the
 commissioner of  transportation  and  project  sponsors  and  others  to
 provide  for  the  financing  by  the authority of activities authorized
 pursuant to section eighty-nine-b of the state finance law, and each  of
 the  director  of  the budget and the commissioner of transportation are
 hereby authorized to enter into  service  contracts,  contracts,  agree-
 ments,  deeds  and leases with the authority, project sponsors or others
 to provide for such financing. The authority shall not issue  any  bonds
 or  notes  in  an amount in excess of [twenty billion six hundred forty-
 eight million five hundred seven thousand dollars $20,648,507,000] TWEN-
 TY-ONE BILLION FOUR HUNDRED FIFTY-EIGHT MILLION THREE HUNDRED NINE THOU-
 SAND DOLLARS $21,458,309,000, plus a principal amount of bonds or notes:
 (A) to fund capital reserve funds; (B) to provide capitalized  interest;
 and,  (C) to fund other costs of issuance. In computing for the purposes
 of this subdivision, the aggregate amount of indebtedness  evidenced  by
 bonds  and  notes  of  the authority issued pursuant to this section, as
 amended by a chapter of the laws of nineteen hundred  ninety-six,  there
 shall be excluded the amount of bonds or notes issued that would consti-
 tute  interest under the United States Internal Revenue Code of 1986, as
 S. 8306--C                         182                        A. 8806--C

 amended, and the amount of indebtedness issued to  refund  or  otherwise
 repay bonds or notes.
   §  31.  Paragraph  (c) of subdivision 14 of section 1680 of the public
 authorities law, as amended by section 32 of part PP of  chapter  56  of
 the laws of 2023, is amended to read as follows:
   (c) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand,  (i)  the  dormitory  authority  shall not deliver a series of
 bonds for city university community college facilities, except to refund
 or to be substituted for or in lieu of other bonds in relation  to  city
 university  community college facilities pursuant to a resolution of the
 dormitory authority adopted before July first, nineteen hundred  eighty-
 five  or any resolution supplemental thereto, if the principal amount of
 bonds so to be issued when added  to  all  principal  amounts  of  bonds
 previously  issued by the dormitory authority for city university commu-
 nity college facilities, except to refund or to be substituted  in  lieu
 of  other bonds in relation to city university community college facili-
 ties will exceed the sum of four hundred twenty-five million dollars and
 (ii) the dormitory authority shall not deliver a series of bonds  issued
 for  city university facilities, including community college facilities,
 pursuant to a resolution of the dormitory authority adopted on or  after
 July  first,  nineteen  hundred  eighty-five,  except to refund or to be
 substituted for or in lieu of other bonds in relation to city university
 facilities and except for bonds issued pursuant to a resolution  supple-
 mental  to a resolution of the dormitory authority adopted prior to July
 first, nineteen hundred eighty-five, if the principal amount of bonds so
 to be issued when added to the  principal  amount  of  bonds  previously
 issued pursuant to any such resolution, except bonds issued to refund or
 to  be  substituted  for  or  in lieu of other bonds in relation to city
 university facilities, will exceed [eleven billion three  hundred  four-
 teen  million  three hundred fifty-two thousand dollars $11,314,352,000]
 ELEVEN BILLION SEVEN HUNDRED  SIXTY-THREE  MILLION  TWENTY-TWO  THOUSAND
 DOLLARS $11,763,022,000.  The legislature reserves the right to amend or
 repeal  such  limit, and the state of New York, the dormitory authority,
 the city university, and the fund are  prohibited  from  covenanting  or
 making any other agreements with or for the benefit of bondholders which
 might in any way affect such right.
   §  32.  Subdivision 1 of section 1689-i of the public authorities law,
 as amended by section 39 of part PP of chapter 56 of the laws  of  2023,
 is amended to read as follows:
   1.  The  dormitory  authority  is  authorized  to  issue bonds, at the
 request of the commissioner of education, to  finance  eligible  library
 construction projects pursuant to section two hundred seventy-three-a of
 the  education  law,  in  amounts  certified by such commissioner not to
 exceed a total principal amount of [three  hundred  sixty-seven  million
 dollars $367,000,000] FOUR HUNDRED ELEVEN MILLION DOLLARS $411,000,000.
   §  33.  Paragraph  (c) of subdivision 19 of section 1680 of the public
 authorities law, as amended by section 31 of part PP of  chapter  56  of
 the laws of 2023, is amended to read as follows:
   (c) Subject to the provisions of chapter fifty-nine of the laws of two
 thousand,  the  dormitory  authority shall not issue any bonds for state
 university educational facilities purposes if the  principal  amount  of
 bonds to be issued when added to the aggregate principal amount of bonds
 issued  by  the  dormitory  authority  on and after July first, nineteen
 hundred eighty-eight for state university  educational  facilities  will
 exceed [eighteen billion one hundred ten million nine hundred sixty-four
 thousand  dollars $18,110,964,000] EIGHTEEN BILLION NINE HUNDRED EIGHTY-
 S. 8306--C                         183                        A. 8806--C
 
 EIGHT MILLION ONE HUNDRED SIXTY-FOUR THOUSAND  DOLLARS  $18,988,164,000;
 provided,  however,  that bonds issued or to be issued shall be excluded
 from such limitation if: (1) such  bonds  are  issued  to  refund  state
 university  construction  bonds  and state university construction notes
 previously issued by the housing finance agency; or (2) such  bonds  are
 issued  to refund bonds of the authority or other obligations issued for
 state university educational facilities purposes and the  present  value
 of the aggregate debt service on the refunding bonds does not exceed the
 present value of the aggregate debt service on the bonds refunded there-
 by;  provided,  further  that  upon certification by the director of the
 budget that the issuance of refunding bonds or other obligations  issued
 between April first, nineteen hundred ninety-two and March thirty-first,
 nineteen  hundred ninety-three will generate long term economic benefits
 to the state, as assessed on a present value basis, such  issuance  will
 be  deemed  to have met the present value test noted above. For purposes
 of this subdivision, the present value of the aggregate debt service  of
 the  refunding  bonds  and  the  aggregate  debt  service  of  the bonds
 refunded, shall be calculated by utilizing the true interest cost of the
 refunding bonds, which shall be that rate arrived  at  by  doubling  the
 semi-annual   interest  rate  (compounded  semi-annually)  necessary  to
 discount the debt service payments  on  the  refunding  bonds  from  the
 payment dates thereof to the date of issue of the refunding bonds to the
 purchase price of the refunding bonds, including interest accrued there-
 on prior to the issuance thereof. The maturity of such bonds, other than
 bonds  issued to refund outstanding bonds, shall not exceed the weighted
 average economic life, as certified by the state university construction
 fund, of the facilities in connection with which the bonds  are  issued,
 and  in any case not later than the earlier of thirty years or the expi-
 ration of the term of any lease, sublease or  other  agreement  relating
 thereto; provided that no note, including renewals thereof, shall mature
 later  than  five  years  after  the  date of issuance of such note. The
 legislature reserves the right to amend or repeal such  limit,  and  the
 state  of New York, the dormitory authority, the state university of New
 York, and the state university construction  fund  are  prohibited  from
 covenanting  or  making  any other agreements with or for the benefit of
 bondholders which might in any way affect such right.
   § 34. Subdivision 10-a of section 1680 of the public authorities  law,
 as  amended  by section 33 of part PP of chapter 56 of the laws of 2023,
 is amended to read as follows:
   10-a. Subject to the provisions of chapter fifty-nine of the  laws  of
 two  thousand, but notwithstanding any other provision of the law to the
 contrary, the maximum amount of bonds and notes to be issued after March
 thirty-first, two thousand two, on behalf of the state, in  relation  to
 any  locally  sponsored  community  college,  shall  be [one billion two
 hundred    twenty-seven    million    ninety-five    thousand    dollars
 $1,227,095,000]  ONE  BILLION  THREE  HUNDRED  SIXTY-FIVE  MILLION THREE
 HUNDRED EIGHT THOUSAND DOLLARS $1,365,308,000.   Such  amount  shall  be
 exclusive  of  bonds and notes issued to fund any reserve fund or funds,
 costs of issuance and to refund any outstanding bonds and notes,  issued
 on  behalf  of  the  state,  relating  to  a locally sponsored community
 college.
   § 35. Paragraph b of subdivision 2 of section  9-a  of  section  1  of
 chapter 392 of the laws of 1973, constituting the New York state medical
 care  facilities finance agency act, as amended by section 35 of part PP
 of chapter 56 of the laws of 2023, is amended to read as follows:
 S. 8306--C                         184                        A. 8806--C
 
   b. The agency shall have power and is hereby authorized from  time  to
 time  to  issue negotiable bonds and notes in conformity with applicable
 provisions of the uniform commercial code in such principal  amount  as,
 in  the  opinion  of  the  agency, shall be necessary, after taking into
 account  other moneys which may be available for the purpose, to provide
 sufficient funds to  the  facilities  development  corporation,  or  any
 successor agency, for the financing or refinancing of or for the design,
 construction, acquisition, reconstruction, rehabilitation or improvement
 of  mental  health  services  facilities pursuant to paragraph a of this
 subdivision, the payment of interest on mental health services  improve-
 ment  bonds and mental health services improvement notes issued for such
 purposes, the establishment of reserves to secure such bonds and  notes,
 the  cost  or  premium  of  bond insurance or the costs of any financial
 mechanisms which may be used to reduce the debt service  that  would  be
 payable  by the agency on its mental health services facilities improve-
 ment bonds and notes and all other expenditures of the  agency  incident
 to  and  necessary or convenient to providing the facilities development
 corporation, or any successor agency, with funds for  the  financing  or
 refinancing of or for any such design, construction, acquisition, recon-
 struction, rehabilitation or improvement and for the refunding of mental
 hygiene improvement bonds issued pursuant to section 47-b of the private
 housing  finance law; provided, however, that the agency shall not issue
 mental health services facilities improvement bonds  and  mental  health
 services  facilities  improvement notes in an aggregate principal amount
 exceeding [twelve billion four hundred eighteen  million  three  hundred
 thirty-seven  thousand  dollars  $12,418,337,000]  TWELVE  BILLION  NINE
 HUNDRED TWENTY-ONE MILLION  SEVEN  HUNDRED  FIFTY-SIX  THOUSAND  DOLLARS
 $12,921,756,000, excluding mental health services facilities improvement
 bonds  and mental health services facilities improvement notes issued to
 refund outstanding mental health services facilities  improvement  bonds
 and  mental  health  services  facilities  improvement  notes; provided,
 however, that upon any such refunding  or  repayment  of  mental  health
 services  facilities  improvement  bonds  and/or  mental health services
 facilities improvement notes the total  aggregate  principal  amount  of
 outstanding  mental  health  services  facilities  improvement bonds and
 mental health facilities improvement notes may be greater  than  [twelve
 billion  four  hundred eighteen million three hundred thirty-seven thou-
 sand dollars $12,418,337,000] TWELVE  BILLION  NINE  HUNDRED  TWENTY-ONE
 MILLION  SEVEN  HUNDRED FIFTY-SIX THOUSAND DOLLARS $12,921,756,000, only
 if, except  as  hereinafter  provided  with  respect  to  mental  health
 services  facilities  bonds  and mental health services facilities notes
 issued to refund mental  hygiene  improvement  bonds  authorized  to  be
 issued pursuant to the provisions of section 47-b of the private housing
 finance  law,  the  present  value  of the aggregate debt service of the
 refunding or repayment bonds to be issued shall not exceed  the  present
 value  of  the  aggregate  debt  service  of the bonds to be refunded or
 repaid. For purposes hereof, the present values of  the  aggregate  debt
 service  of the refunding or repayment bonds, notes or other obligations
 and of the aggregate debt service of the bonds,  notes  or  other  obli-
 gations  so  refunded  or  repaid,  shall be calculated by utilizing the
 effective interest rate of the refunding or repayment  bonds,  notes  or
 other  obligations,  which shall be that rate arrived at by doubling the
 semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
 discount  the debt service payments on the refunding or repayment bonds,
 notes or other obligations from the payment dates thereof to the date of
 issue of the refunding or repayment bonds, notes  or  other  obligations
 S. 8306--C                         185                        A. 8806--C
 
 and  to  the  price bid including estimated accrued interest or proceeds
 received by the authority including estimated accrued interest from  the
 sale  thereof. Such bonds, other than bonds issued to refund outstanding
 bonds,  shall be scheduled to mature over a term not to exceed the aver-
 age useful life, as certified by the facilities development corporation,
 of the projects for which the bonds are issued, and in  any  case  shall
 not  exceed  thirty  years  and  the  maximum  maturity  of notes or any
 renewals thereof shall not exceed  five  years  from  the  date  of  the
 original  issue  of  such  notes. Notwithstanding the provisions of this
 section, the agency shall have the power and  is  hereby  authorized  to
 issue  mental health services facilities improvement bonds and/or mental
 health services  facilities  improvement  notes  to  refund  outstanding
 mental hygiene improvement bonds authorized to be issued pursuant to the
 provisions  of  section  47-b of the private housing finance law and the
 amount of bonds issued or outstanding for such  purposes  shall  not  be
 included for purposes of determining the amount of bonds issued pursuant
 to this section. The director of the budget shall allocate the aggregate
 principal  authorized  to  be  issued  by the agency among the office of
 mental health, office for people with  developmental  disabilities,  and
 the  office  of  addiction  services  and supports, in consultation with
 their respective commissioners to finance bondable appropriations previ-
 ously approved by the legislature.
   § 36. Subdivision (a) of section 48 of part K of  chapter  81  of  the
 laws  of  2002,  relating to providing for the administration of certain
 funds and accounts related  to  the  2002-2003  budget,  as  amended  by
 section  30  of part PP of chapter 56 of the laws of 2023, is amended to
 read as follows:
   (a) Subject to the provisions of chapter 59 of the laws  of  2000  but
 notwithstanding  the  provisions  of section 18 of the urban development
 corporation act, the corporation is hereby authorized to issue bonds  or
 notes  in  one  or  more  series in an aggregate principal amount not to
 exceed  [five  hundred  one  million  five  hundred   thousand   dollars
 $501,500,000]  FIVE  HUNDRED  TWENTY-TWO  MILLION  FIVE HUNDRED THOUSAND
 DOLLARS $522,500,000, excluding bonds issued to fund one  or  more  debt
 service reserve funds, to pay costs of issuance of such bonds, and bonds
 or  notes issued to refund or otherwise repay such bonds or notes previ-
 ously issued, for the purpose of  financing  capital  costs  related  to
 homeland  security  and  training  facilities  for the division of state
 police, the division of military and naval affairs, and any other  state
 agency,  including  the reimbursement of any disbursements made from the
 state capital projects fund, and is hereby authorized to issue bonds  or
 notes  in  one  or  more  series in an aggregate principal amount not to
 exceed [one billion seven hundred thirteen million  eighty-six  thousand
 dollars $1,713,086,000] ONE BILLION EIGHT HUNDRED FIFTY-FIVE MILLION TWO
 HUNDRED  EIGHTY-SIX  THOUSAND  DOLLARS  $1,855,286,000,  excluding bonds
 issued to fund one or more debt service reserve funds, to pay  costs  of
 issuance of such bonds, and bonds or notes issued to refund or otherwise
 repay  such bonds or notes previously issued, for the purpose of financ-
 ing improvements to State office buildings and other facilities  located
 statewide,  including  the  reimbursement of any disbursements made from
 the state capital projects fund. Such bonds and notes of the corporation
 shall not be a debt of the state, and the  state  shall  not  be  liable
 thereon,  nor  shall  they  be payable out of any funds other than those
 appropriated by the state  to  the  corporation  for  debt  service  and
 related  expenses pursuant to any service contracts executed pursuant to
 S. 8306--C                         186                        A. 8806--C
 
 subdivision (b) of this section, and such bonds and notes shall  contain
 on the face thereof a statement to such effect.
   §  37.  Subdivision 1 of section 47 of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration  act,  as  amended  by section 44 of part PP of chapter 56 of the
 laws of 2023, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the  dormitory  authority  and  the corporation are hereby authorized to
 issue bonds or notes in one or more series for the  purpose  of  funding
 project costs for the office of information technology services, depart-
 ment  of  law,  and  other  state  costs  associated  with  such capital
 projects. The aggregate principal  amount  of  bonds  authorized  to  be
 issued  pursuant  to  this  section  shall not exceed [one billion three
 hundred fifty-three million eight  hundred  fifty-two  thousand  dollars
 $1,353,852,000]  ONE  BILLION  SEVEN  HUNDRED  FORTY-TWO  MILLION  SEVEN
 HUNDRED TWELVE THOUSAND DOLLARS $1,742,712,000, excluding  bonds  issued
 to fund one or more debt service reserve funds, to pay costs of issuance
 of  such  bonds,  and bonds or notes issued to refund or otherwise repay
 such bonds or notes previously issued.  Such  bonds  and  notes  of  the
 dormitory  authority  and  the  corporation  shall  not be a debt of the
 state, and the state shall not be liable  thereon,  nor  shall  they  be
 payable  out  of any funds other than those appropriated by the state to
 the dormitory authority and the corporation for principal, interest, and
 related expenses pursuant to a service contract and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes of complying with  the  internal  revenue  code,  any  interest
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   §  38.  Subdivision  (b)  of  section 11 of chapter 329 of the laws of
 1991, amending the state finance law and  other  laws  relating  to  the
 establishment of the dedicated highway and bridge trust fund, as amended
 by  section  38 of part PP of chapter 56 of the laws of 2023, is amended
 to read as follows:
   (b) Any service contract or contracts for projects authorized pursuant
 to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
 14-k of the transportation law, and entered into pursuant to subdivision
 (a)  of  this  section,  shall  provide for state commitments to provide
 annually to the thruway authority a sum or sums,  upon  such  terms  and
 conditions as shall be deemed appropriate by the director of the budget,
 to fund, or fund the debt service requirements of any bonds or any obli-
 gations  of  the  thruway  authority  issued to fund or to reimburse the
 state for funding such projects having a cost not in excess of [thirteen
 billion nine hundred forty-nine million two hundred thirty-four thousand
 dollars  $13,949,234,000]  FOURTEEN  BILLION  EIGHT  HUNDRED  FORTY-FOUR
 MILLION  FIVE  HUNDRED  EIGHTY-SEVEN  THOUSAND  DOLLARS  $14,844,587,000
 cumulatively by the end of fiscal year [2023-24] 2024-25.  For  purposes
 of  this  subdivision,  such projects shall be deemed to include capital
 grants to cities, towns and villages for the reimbursement  of  eligible
 capital  costs  of local highway and bridge projects within such munici-
 pality, where allocations to cities, towns and villages are based on the
 total number of New York or United States or interstate  signed  touring
 route  miles for which such municipality has capital maintenance respon-
 sibility, and where such eligible capital costs  include  the  costs  of
 construction  and  repair  of highways, bridges, highway-railroad cross-
 ings, and other transportation facilities for projects  with  a  service
 life of ten years or more.
 S. 8306--C                         187                        A. 8806--C

   §  39.  Section  53  of  section 1 of chapter 174 of the laws of 1968,
 constituting the New York state urban development  corporation  act,  as
 amended  by  section 37 of part PP of chapter 56 of the laws of 2023, is
 amended to read as follows:
   §  53.  1.  Notwithstanding  the  provisions  of  any other law to the
 contrary, the dormitory authority and the urban development  corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of funding project costs for the acquisition  of  equipment,
 including  but  not limited to the creation or modernization of informa-
 tion technology systems and related research and development  equipment,
 health and safety equipment, heavy equipment and machinery, the creation
 or  improvement  of security systems, and laboratory equipment and other
 state costs associated with such capital projects.  The aggregate  prin-
 cipal  amount  of bonds authorized to be issued pursuant to this section
 shall  not   exceed   [four   hundred   ninety-three   million   dollars
 $493,000,000]  FIVE  HUNDRED  NINETY-THREE MILLION DOLLARS $593,000,000,
 excluding bonds issued to fund one or more debt service  reserve  funds,
 to  pay  costs  of  issuance of such bonds, and bonds or notes issued to
 refund or otherwise repay such bonds or notes  previously  issued.  Such
 bonds  and  notes  of  the dormitory authority and the urban development
 corporation shall not be a debt of the state, and the state shall not be
 liable thereon, nor shall they be payable out of any  funds  other  than
 those appropriated by the state to the dormitory authority and the urban
 development  corporation  for  principal, interest, and related expenses
 pursuant to a service contract and such bonds and notes shall contain on
 the face thereof a statement to such effect.   Except  for  purposes  of
 complying  with the internal revenue code, any interest income earned on
 bond proceeds shall only be used to pay debt service on such bonds.
   2. Notwithstanding any other provision of  law  to  the  contrary,  in
 order to assist the dormitory authority and the urban development corpo-
 ration  in  undertaking the financing for project costs for the acquisi-
 tion of equipment, including but not limited to the creation or  modern-
 ization  of  information  technology  systems  and  related research and
 development equipment, health and safety equipment, heavy equipment  and
 machinery,  the creation or improvement of security systems, and labora-
 tory equipment and  other  state  costs  associated  with  such  capital
 projects,  the director of the budget is hereby authorized to enter into
 one or more service contracts with the dormitory authority and the urban
 development corporation, none of which  shall  exceed  thirty  years  in
 duration,  upon  such terms and conditions as the director of the budget
 and the dormitory authority and the urban development corporation agree,
 so as to annually provide to  the  dormitory  authority  and  the  urban
 development corporation, in the aggregate, a sum not to exceed the prin-
 cipal, interest, and related expenses required for such bonds and notes.
 Any service contract entered into pursuant to this section shall provide
 that  the  obligation  of  the  state to pay the amount therein provided
 shall not constitute a debt of the  state  within  the  meaning  of  any
 constitutional or statutory provision and shall be deemed executory only
 to  the  extent  of  monies  available  and  that  no liability shall be
 incurred by the state beyond the  monies  available  for  such  purpose,
 subject to annual appropriation by the legislature. Any such contract or
 any  payments  made or to be made thereunder may be assigned and pledged
 by the dormitory authority and  the  urban  development  corporation  as
 security for its bonds and notes, as authorized by this section.
 S. 8306--C                         188                        A. 8806--C
 
   §  40.  Subdivision 3 of section 1285-p of the public authorities law,
 as amended by section 29 of part PP of chapter 56 of the laws  of  2023,
 is amended to read as follows:
   3.  The  maximum amount of bonds that may be issued for the purpose of
 financing  environmental  infrastructure  projects  authorized  by  this
 section  shall  be [nine billion three hundred thirty-five million seven
 hundred ten thousand dollars $9,335,710,000] TEN BILLION  EIGHT  HUNDRED
 SIXTY-SIX  MILLION  FIVE HUNDRED SIXTY THOUSAND DOLLARS $10,866,560,000,
 exclusive of bonds issued to fund any debt service  reserve  funds,  pay
 costs  of issuance of such bonds, and bonds or notes issued to refund or
 otherwise repay bonds or notes previously issued. Such bonds  and  notes
 of the corporation shall not be a debt of the state, and the state shall
 not  be liable thereon, nor shall they be payable out of any funds other
 than those appropriated by the state to the corporation for debt service
 and related expenses pursuant to any service contracts executed pursuant
 to subdivision one of this section,  and  such  bonds  and  notes  shall
 contain on the face thereof a statement to such effect.
   § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws
 of  1997,  relating  to  the  financing  of  the correctional facilities
 improvement fund and the youth facility improvement fund, as amended  by
 section  34  of part PP of chapter 56 of the laws of 2023, is amended to
 read as follows:
   1. Subject to the provisions of chapter 59 of the laws  of  2000,  but
 notwithstanding the provisions of section 18 of section 1 of chapter 174
 of the laws of 1968, the New York state urban development corporation is
 hereby  authorized  to  issue  bonds,  notes and other obligations in an
 aggregate principal amount not to exceed [one billion  fourteen  million
 seven  hundred  thirty-five thousand dollars $1,014,735,000] ONE BILLION
 SIXTY-SIX   MILLION   SEVEN   HUNDRED   FIFTY-FIVE   THOUSAND    DOLLARS
 $1,066,755,000,  which  authorization  increases the aggregate principal
 amount of bonds, notes and other obligations authorized by section 40 of
 chapter 309 of the laws of 1996, and shall include all bonds, notes  and
 other obligations issued pursuant to chapter 211 of the laws of 1990, as
 amended  or  supplemented.  The  proceeds  of such bonds, notes or other
 obligations shall be paid to the state, for deposit in the youth facili-
 ties improvement fund or the capital projects fund, to pay  for  all  or
 any  portion  of  the amount or amounts paid by the state from appropri-
 ations or reappropriations made to the office  of  children  and  family
 services   from  the  youth  facilities  improvement  fund  for  capital
 projects. The aggregate amount of bonds,  notes  and  other  obligations
 authorized  to  be  issued pursuant to this section shall exclude bonds,
 notes or other obligations issued to refund or  otherwise  repay  bonds,
 notes  or  other  obligations  theretofore issued, the proceeds of which
 were paid to the state for all or a portion of the amounts  expended  by
 the  state from appropriations or reappropriations made to the office of
 children and family services; provided,  however,  that  upon  any  such
 refunding or repayment the total aggregate principal amount of outstand-
 ing  bonds,  notes or other obligations may be greater than [one billion
 fourteen   million   seven   hundred   thirty-five   thousand    dollars
 $1,014,735,000]  ONE  BILLION SIXTY-SIX MILLION SEVEN HUNDRED FIFTY-FIVE
 THOUSAND DOLLARS $1,066,755,000, only if the present value of the aggre-
 gate debt service of the refunding or repayment bonds,  notes  or  other
 obligations  to  be  issued  shall  not  exceed the present value of the
 aggregate debt service of the bonds, notes or other obligations so to be
 refunded or repaid. For the purposes hereof, the present  value  of  the
 aggregate  debt  service  of  the refunding or repayment bonds, notes or
 S. 8306--C                         189                        A. 8806--C
 
 other obligations and of the aggregate debt service of the bonds,  notes
 or  other  obligations  so  refunded  or  repaid, shall be calculated by
 utilizing the effective interest rate  of  the  refunding  or  repayment
 bonds,  notes  or other obligations, which shall be that rate arrived at
 by doubling the semi-annual  interest  rate  (compounded  semi-annually)
 necessary  to  discount  the  debt  service payments on the refunding or
 repayment bonds, notes or other obligations from the payment dates ther-
 eof to the date of issue of the refunding or repayment bonds,  notes  or
 other  obligations  and  to  the  price  bid including estimated accrued
 interest or proceeds received by  the  corporation  including  estimated
 accrued interest from the sale thereof.
   § 42. Subdivision 1 of section 386-b of the public authorities law, as
 amended  by  section 41 of part PP of chapter 56 of the laws of 2023, is
 amended to read as follows:
   1. Notwithstanding any other provision of law  to  the  contrary,  the
 authority, the dormitory authority and the urban development corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of financing peace bridge  projects  and  capital  costs  of
 state and local highways, parkways, bridges, the New York state thruway,
 Indian reservation roads, and facilities, and transportation infrastruc-
 ture   projects   including  aviation  projects,  non-MTA  mass  transit
 projects, and rail service preservation projects, including work  appur-
 tenant  and  ancillary  thereto. The aggregate principal amount of bonds
 authorized to be issued  pursuant  to  this  section  shall  not  exceed
 [twelve  billion  three hundred eight million three hundred eleven thou-
 sand dollars $12,308,311,000] FIFTEEN BILLION TWO HUNDRED FORTY  MILLION
 SIX HUNDRED SIXTY-NINE THOUSAND DOLLARS $15,240,669,000, excluding bonds
 issued  to  fund one or more debt service reserve funds, to pay costs of
 issuance of such bonds, and to refund or otherwise repay such  bonds  or
 notes  previously  issued.  Such  bonds  and notes of the authority, the
 dormitory authority and the urban development corporation shall not be a
 debt of the state, and the state shall not be liable thereon, nor  shall
 they  be  payable  out of any funds other than those appropriated by the
 state to the authority, the dormitory authority and the  urban  develop-
 ment  corporation for principal, interest, and related expenses pursuant
 to a service contract and such bonds and notes shall contain on the face
 thereof a statement to such effect. Except  for  purposes  of  complying
 with  the  internal  revenue  code,  any  interest income earned on bond
 proceeds shall only be used to pay debt service on such bonds.
   § 43. Section 44 of section 1 of chapter 174  of  the  laws  of  1968,
 constituting  the  New  York state urban development corporation act, as
 amended by section 40 of part PP of chapter 56 of the laws of  2023,  is
 amended to read as follows:
   §  44.  Issuance  of  certain  bonds  or notes. 1. Notwithstanding the
 provisions of any other law to the contrary, the dormitory authority and
 the corporation are hereby authorized to issue bonds or notes in one  or
 more  series  for  the purpose of funding project costs for the regional
 economic development council  initiative,  the  economic  transformation
 program,  state university of New York college for nanoscale and science
 engineering, projects within the city of Buffalo  or  surrounding  envi-
 rons,  the  New  York  works economic development fund, projects for the
 retention of professional football in western New York, the empire state
 economic development fund, the  clarkson-trudeau  partnership,  the  New
 York  genome  center, the cornell university college of veterinary medi-
 cine, the olympic  regional  development  authority,  projects  at  nano
 Utica,  onondaga  county  revitalization projects, Binghamton university
 S. 8306--C                         190                        A. 8806--C
 
 school of pharmacy, New York power electronics manufacturing consortium,
 regional infrastructure projects,  high  tech  innovation  and  economic
 development   infrastructure   program,  high  technology  manufacturing
 projects in Chautauqua and Erie county, an industrial scale research and
 development  facility  in  Clinton county, upstate revitalization initi-
 ative projects, downstate revitalization  initiative,  market  New  York
 projects,  fairground  buildings,  equipment or facilities used to house
 and promote agriculture, the state fair, the  empire  state  trail,  the
 moynihan  station  development  project, the Kingsbridge armory project,
 strategic economic development projects, the cultural, arts  and  public
 spaces  fund,  water  infrastructure  in  the city of Auburn and town of
 Owasco, a life sciences laboratory public  health  initiative,  not-for-
 profit  pounds, shelters and humane societies, arts and cultural facili-
 ties improvement program, restore  New  York's  communities  initiative,
 heavy  equipment,  economic  development  and  infrastructure  projects,
 Roosevelt Island operating corporation capital  projects,  Lake  Ontario
 regional  projects,  Pennsylvania  station  and  other transit projects,
 athletic facilities for professional football in Orchard Park, New York,
 RUSH - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and  other
 state  costs  associated  with  such  projects.  The aggregate principal
 amount of bonds authorized to be issued pursuant to this  section  shall
 not exceed [seventeen billion six hundred fifty-five million six hundred
 two  thousand  dollars  $17,655,602,000]  TWENTY  BILLION  EIGHT HUNDRED
 SEVENTY-EIGHT  MILLION  ONE   HUNDRED   NINETY-FOUR   THOUSAND   DOLLARS
 $20,878,194,000, excluding bonds issued to fund one or more debt service
 reserve  funds,  to  pay  costs  of issuance of such bonds, and bonds or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued. Such bonds and notes of the dormitory authority and  the  corpo-
 ration  shall  not  be  a  debt of the state, and the state shall not be
 liable thereon, nor shall they be payable out of any  funds  other  than
 those  appropriated  by  the  state  to  the dormitory authority and the
 corporation for principal, interest, and related expenses pursuant to  a
 service  contract  and  such  bonds  and notes shall contain on the face
 thereof a statement to such effect.   Except for purposes  of  complying
 with  the  internal  revenue  code,  any  interest income earned on bond
 proceeds shall only be used to pay debt service on such bonds.
   2. Notwithstanding any other provision of  law  to  the  contrary,  in
 order to assist the dormitory authority and the corporation in undertak-
 ing  the  financing for project costs for the regional economic develop-
 ment council initiative,  the  economic  transformation  program,  state
 university  of  New  York college for nanoscale and science engineering,
 projects within the city of Buffalo or  surrounding  environs,  the  New
 York  works  economic  development  fund,  projects for the retention of
 professional football in western New York,  the  empire  state  economic
 development  fund, the clarkson-trudeau partnership, the New York genome
 center, the cornell university college of veterinary medicine, the olym-
 pic regional development authority, projects  at  nano  Utica,  onondaga
 county  revitalization projects, Binghamton university school of pharma-
 cy,  New  York  power  electronics  manufacturing  consortium,  regional
 infrastructure  projects,  New York State Capital Assistance Program for
 Transportation, infrastructure,  and  economic  development,  high  tech
 innovation  and  economic development infrastructure program, high tech-
 nology manufacturing projects in Chautauqua and Erie county,  an  indus-
 trial scale research and development facility in Clinton county, upstate
 revitalization initiative projects, downstate revitalization initiative,
 market  New York projects, fairground buildings, equipment or facilities
 S. 8306--C                         191                        A. 8806--C
 
 used to house and promote agriculture, the state fair, the empire  state
 trail,  the moynihan station development project, the Kingsbridge armory
 project, strategic economic development projects, the cultural, arts and
 public  spaces fund, water infrastructure in the city of Auburn and town
 of Owasco, a life sciences laboratory public health initiative, not-for-
 profit pounds, shelters and humane societies, arts and cultural  facili-
 ties  improvement  program,  restore  New York's communities initiative,
 heavy  equipment,  economic  development  and  infrastructure  projects,
 Roosevelt  Island  operating  corporation capital projects, Lake Ontario
 regional projects, Pennsylvania  station  and  other  transit  projects,
 athletic facilities for professional football in Orchard Park, New York,
 RUSH  - NY, NEW YORK AI CONSORTIUM, NEW YORK CREATES UEV TOOL, and other
 state costs associated with such projects the director of the budget  is
 hereby  authorized  to enter into one or more service contracts with the
 dormitory authority and the corporation,  none  of  which  shall  exceed
 thirty years in duration, upon such terms and conditions as the director
 of  the budget and the dormitory authority and the corporation agree, so
 as to annually provide to the dormitory authority and  the  corporation,
 in  the  aggregate,  a  sum  not  to exceed the principal, interest, and
 related expenses required for such bonds and notes. Any service contract
 entered into pursuant to this section shall provide that the  obligation
 of  the  state to pay the amount therein provided shall not constitute a
 debt of the state within the meaning of any constitutional or  statutory
 provision  and  shall  be  deemed executory only to the extent of monies
 available and that no liability shall be incurred by  the  state  beyond
 the  monies  available for such purpose, subject to annual appropriation
 by the legislature. Any such contract or any payments made or to be made
 thereunder may be assigned and pledged by the  dormitory  authority  and
 the  corporation  as  security for its bonds and notes, as authorized by
 this section.
   § 44. Subdivision (a) of section 28 of part Y of  chapter  61  of  the
 laws  of  2005,  relating to providing for the administration of certain
 funds and accounts related  to  the  2005-2006  budget,  as  amended  by
 section  36  of part PP of chapter 56 of the laws of 2023, is amended to
 read as follows:
   (a) Subject to the provisions of chapter 59 of the laws of  2000,  but
 notwithstanding  any  provisions  of  law  to  the contrary, one or more
 authorized issuers as defined by section 68-a of the state  finance  law
 are  hereby  authorized to issue bonds or notes in one or more series in
 an aggregate principal amount not to  exceed  [two  hundred  forty-seven
 million  dollars  $247,000,000] TWO HUNDRED NINETY-SEVEN MILLION DOLLARS
 $297,000,000, excluding bonds issued to finance one or more debt service
 reserve funds, to pay costs of issuance of  such  bonds,  and  bonds  or
 notes issued to refund or otherwise repay such bonds or notes previously
 issued,  for  the  purpose  of  financing  capital  projects  for public
 protection facilities in the Division of  Military  and  Naval  Affairs,
 debt  service  and  leases;  and to reimburse the state general fund for
 disbursements made therefor. Such bonds and  notes  of  such  authorized
 issuer  shall  not  be  a  debt of the state, and the state shall not be
 liable thereon, nor shall they be payable out of any  funds  other  than
 those  appropriated  by  the  state  to  such authorized issuer for debt
 service and related expenses pursuant to any service  contract  executed
 pursuant  to  subdivision  (b)  of this section and such bonds and notes
 shall contain on the face thereof a statement to such effect. Except for
 purposes of complying with  the  internal  revenue  code,  any  interest
 S. 8306--C                         192                        A. 8806--C
 
 income earned on bond proceeds shall only be used to pay debt service on
 such bonds.
   §  45.  Subdivision 1 of section 50 of section 1 of chapter 174 of the
 laws of 1968, constituting the New York state urban  development  corpo-
 ration  act,  as  amended  by section 43 of part PP of chapter 56 of the
 laws of 2023, is amended to read as follows:
   1. Notwithstanding the provisions of any other law  to  the  contrary,
 the dormitory authority and the urban development corporation are hereby
 authorized to issue bonds or notes in one or more series for the purpose
 of  funding project costs undertaken by or on behalf of the state educa-
 tion department, special act school districts,  state-supported  schools
 for  the  blind  and  deaf,  approved private special education schools,
 non-public schools, community centers, day care facilities,  residential
 camps, day camps, Native American Indian Nation schools, and other state
 costs  associated  with  such capital projects.  The aggregate principal
 amount of bonds authorized to be issued pursuant to this  section  shall
 not  exceed  [three hundred twenty-one million seven hundred ninety-nine
 thousand dollars $321,799,000] THREE HUNDRED  NINETY-SIX  MILLION  EIGHT
 HUNDRED  NINETY-EIGHT  THOUSAND  DOLLARS  $396,898,000,  excluding bonds
 issued to fund one or more debt service reserve funds, to pay  costs  of
 issuance of such bonds, and bonds or notes issued to refund or otherwise
 repay such bonds or notes previously issued. Such bonds and notes of the
 dormitory authority and the urban development corporation shall not be a
 debt  of the state, and the state shall not be liable thereon, nor shall
 they be payable out of any funds other than those  appropriated  by  the
 state  to  the dormitory authority and the urban development corporation
 for principal, interest, and related  expenses  pursuant  to  a  service
 contract  and  such  bonds and notes shall contain on the face thereof a
 statement to such effect. Except for  purposes  of  complying  with  the
 internal revenue code, any interest income earned on bond proceeds shall
 only be used to pay debt service on such bonds.
   §  46.  Subdivision 1 of section 1680-k of the public authorities law,
 as amended by section 47 of part PP of chapter 56 of the laws  of  2023,
 is amended to read as follows:
   1.  Subject to the provisions of chapter fifty-nine of the laws of two
 thousand, but notwithstanding any provisions of law to the contrary, the
 dormitory authority is hereby authorized to issue bonds or notes in  one
 or  more  series  in  an aggregate principal amount not to exceed [forty
 million nine hundred forty-five thousand dollars $40,945,000]  FORTY-ONE
 MILLION  SIXTY  THOUSAND  DOLLARS $41,060,000, excluding bonds issued to
 finance one or more debt service reserve funds, to pay costs of issuance
 of such bonds, and bonds or notes issued to refund  or  otherwise  repay
 such  bonds or notes previously issued, for the purpose of financing the
 construction of the New York state agriculture and markets food  labora-
 tory. Eligible project costs may include, but not be limited to the cost
 of design, financing, site investigations, site acquisition and prepara-
 tion, demolition, construction, rehabilitation, acquisition of machinery
 and equipment, and infrastructure improvements.  Such bonds and notes of
 such  authorized issuers shall not be a debt of the state, and the state
 shall not be liable thereon, nor shall they be payable out of any  funds
 other  than  those  appropriated by the state to such authorized issuers
 for debt service and related expenses pursuant to any  service  contract
 executed  pursuant to subdivision two of this section and such bonds and
 notes shall contain on the face thereof  a  statement  to  such  effect.
 Except  for  purposes  of  complying with the internal revenue code, any
 S. 8306--C                         193                        A. 8806--C
 
 interest income earned on bond proceeds shall only be used to  pay  debt
 service on such bonds.
   §  47.  Paragraph  (b) of subdivision 3 and clause (B) of subparagraph
 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of  chap-
 ter 63 of the laws of 2005, relating to the composition and responsibil-
 ities  of  the  New  York  state higher education capital matching grant
 board, as amended by section 48 of part PP of chapter 56 of the laws  of
 2023, are amended to read as follows:
   (b)  Within amounts appropriated therefor, the board is hereby author-
 ized and directed to  award  matching  capital  grants  totaling  [three
 hundred  eighty-five million dollars, $385,000,000] FOUR HUNDRED TWENTY-
 FIVE MILLION DOLLARS $425,000,000. Each college shall be eligible for  a
 grant  award amount as determined by the calculations pursuant to subdi-
 vision five of this section. In addition, such colleges shall be  eligi-
 ble  to compete for additional funds pursuant to paragraph (h) of subdi-
 vision four of this section.
   (B) The dormitory authority shall not issue any bonds or notes  in  an
 amount   in  excess  of  [three  hundred  eighty-five  million  dollars,
 $385,000,000] FOUR HUNDRED TWENTY-FIVE MILLION DOLLARS $425,000,000  for
 the  purposes  of  this section; excluding bonds or notes issued to fund
 one or more debt service reserve funds, to pay costs of issuance of such
 bonds, and bonds or notes issued to refund or otherwise repay such bonds
 or notes previously issued. Except for purposes of  complying  with  the
 internal  revenue code, any interest on bond proceeds shall only be used
 to pay debt service on such bonds.
   § 48. Paragraph a of subdivision 1 of section  9-a  of  section  1  of
 chapter 392 of the laws of 1973, constituting the New York state medical
 care  facilities  finance  agency  act, as amended by chapter 479 of the
 laws of  2022, is amended to read as follows:
   a. "Mental health services facility" shall mean  a  building,  a  unit
 within  a  building, a laboratory, a classroom, a housing unit, a dining
 hall, an activities center, a library, real  property  of  any  kind  or
 description,  or any structure on or improvement to real property of any
 kind or description, including fixtures and equipment which may  or  may
 not  be  an  integral  part  of  any  such  building, unit, structure or
 improvement, a walkway, a roadway or a parking lot, and improvements and
 connections for water, sewer, gas, electrical, telephone,  heating,  air
 conditioning  and other utility services, or a combination of any of the
 foregoing, whether for patient care and treatment or staff, staff family
 or service use, located at or related to  any  psychiatric  center,  any
 developmental  center, or any state psychiatric or research institute or
 other facility now or hereafter established under the  state  department
 of mental hygiene. A mental health services facility shall also mean and
 include  a  residential care center for adults, A COMMUNITY RESIDENCE, a
 "community mental health and developmental disabilities facility", and a
 state or voluntary operated treatment facility for use in the conduct of
 an alcoholism or substance abuse treatment program  as  defined  in  the
 mental  hygiene  law,  unless  such  residential care center for adults,
 community mental health and developmental disabilities facility or alco-
 holism or substance abuse facility is expressly excepted or the  context
 clearly requires otherwise. The definition contained in this subdivision
 shall  not  be construed to exclude therefrom a facility, whether or not
 owned or leased by a voluntary agency, to be made available under lease,
 or sublease, from the facilities development corporation to a  voluntary
 agency  at the request of the commissioners of the offices and directors
 of the divisions of the department of mental hygiene having jurisdiction
 S. 8306--C                         194                        A. 8806--C
 
 thereof for use in providing services in a residential care  center  for
 adults, community mental health and developmental disabilities services,
 or  for use in the conduct of an alcoholism or substance abuse treatment
 program.  For  purposes  of this section mental health services facility
 shall also mean mental hygiene facility as defined in subdivision ten of
 section three of the facilities development corporation  act  AND  SHALL
 ALSO  INCLUDE  FACILITIES  FOR:  (I) COMPREHENSIVE PSYCHIATRIC EMERGENCY
 PROGRAMS  AND/OR  PSYCHIATRIC  INPATIENT  PROGRAMS  OR   OTHER   SIMILAR
 PROGRAMS, INCLUDING BUT NOT LIMITED TO RESIDENTIAL TREATMENT FACILITIES,
 UNDER  THE AUSPICE OF MUNICIPALITIES AND OTHER PUBLIC AND NOT-FOR-PROFIT
 AGENCIES, LICENSED PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL  HYGIENE
 LAW  AND/OR  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC HEALTH LAW; AND (II)
 LICENSED OR UNLICENSED PERMANENT, TRANSITIONAL, OR EMERGENCY HOUSING FOR
 MENTALLY ILL PERSONS UNDER  THE  AUSPICE  OF  MUNICIPALITIES  AND  OTHER
 PUBLIC  AND NOT-FOR-PROFIT AGENCIES, APPROVED BY THE COMMISSIONER OF THE
 OFFICE OF MENTAL HEALTH, PURSUANT TO ARTICLE  FORTY-ONE  OF  THE  MENTAL
 HYGIENE LAW.
   §  49.  Notwithstanding  any  law  to the contrary, the comptroller is
 hereby authorized and directed to transfer, upon request of the director
 of the budget, on or before March 31, 2025 the  following  amounts  from
 the following special revenue accounts or enterprise funds to the gener-
 al  fund,  for the  purposes of offsetting principal and interest costs,
 incurred by the state pursuant to section 386-a of the  public  authori-
 ties  law,  provided  that the annual amount of the transfer shall be no
 more than the principal and interest that would have otherwise been  due
 to  the power authority of the state of New York, from any state agency,
 in a given state fiscal year.   Amounts pertaining  to  special  revenue
 accounts  assigned  to the state university of New York shall be consid-
 ered interchangeable between the designated special revenue accounts  as
 to meet the requirements of this section and section 386-a of the public
 authorities law:
   1.  $15,000,000  from  the  miscellaneous  special revenue fund, state
 university general income reimbursable account (22653).
   2. $5,000,000 from  state  university  dormitory  income  fund,  state
 university dormitory income fund (40350).
   3. $5,000,000 from the enterprise fund, city university senior college
 operating fund (60851).
   §  50. Subdivision 6-a of section 2 of the state finance law, as added
 by chapter 837 of the laws of 1983, is amended to read as follows:
   6-a. "Fixed assets". (I) Assets of  a  long-term,  tangible  character
 which  are intended to continue to be held or used, such as land, build-
 ings, improvements, machinery,  and  equipment,  AND  (II)  ASSETS  THAT
 PROVIDE A LONG-TERM INTEREST IN LAND, INCLUDING CONSERVATION EASEMENTS.
   §  51. Subdivision 2 of section 2976 of the public authorities law, as
 amended by section 1 of part FF of chapter 59 of the laws  of  2009,  is
 amended to read as follows:
   2. The bond issuance charge shall be computed by multiplying the prin-
 cipal amount of bonds issued by the percentage set forth in the schedule
 below,  provided that: (a) the charge applicable to the principal amount
 of single family mortgage revenue bonds shall be seven one-hundredths of
 one percent; (b) the issuance of bonds shall not include the remarketing
 of bonds; and (c) the issuance of bonds shall not include the  [current]
 refunding  of  [short term] bonds, notes or other obligations [for which
 the bond issuance  charge  provided  by  this  section  has  been  paid,
 provided that such current refunding (i) occurs within one year from the
 issuance  of  the  refunded  obligations,  or  (ii) is part of a program
 S. 8306--C                         195                        A. 8806--C

 created by a single indenture or bond resolution that provides  for  the
 periodic issuance and refunding of short term obligations].
                                 SCHEDULE
 Principal Amount of Bonds Issued             Percentage Charge
 a. [$1,000,000] $20,000,000 or less              [.168%] 0%
 b. [$1,000,001 to $5,000,000                     .336%
 c. $5,000,001 to $10,000,000                     .504%
 d. $10,000,001 to $20,000,000                    .672%
 e.] More than $20,000,000                        [.84%] .35%
   § 52. Subdivision 5 of section 68-b of the state finance law, as added
 by section 2 of part I of chapter 383 of the laws of 2001, is amended to
 read as follows:
   5.  The authorized issuers, subject to such agreements with holders of
 revenue bonds as may then exist, or with the providers of any applicable
 bond or note or other financial or agreement facility, shall have  power
 out  of  any  funds  available therefor to purchase revenue bonds of the
 authorized issuers, which may or may not thereupon  be  canceled,  at  a
 price not exceeding:
   (a)  if  the  revenue  bonds are then redeemable, the redemption price
 then applicable, including any accrued interest; OR
   (b) if the revenue bonds are not then redeemable, the redemption price
 and accrued interest applicable on the first date  after  such  purchase
 upon which the revenue bonds become subject to redemption; OR
   (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
 TION  PRICE  THAT PROVIDES PRESENT VALUE SAVINGS TO THE STATE, AS CERTI-
 FIED IN WRITING BY AN INDEPENDENT FINANCIAL ADVISOR.
   NO LATER THAN SEVEN DAYS AFTER A REDEMPTION PURSUANT TO PARAGRAPH  (C)
 OF THIS SUBDIVISION, THE DIRECTOR OF THE BUDGET SHALL PROVIDE SUCH WRIT-
 TEN  CERTIFICATION  TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   § 53. Subdivision 5 of section 69-n of the state finance law, as added
 by section 58 of part HH of chapter 57 of the laws of 2013,  is  amended
 to read as follows:
   5.  The authorized issuers, subject to such agreements with holders of
 revenue bonds as may then exist, or with the providers of any applicable
 bond or note or other financial or agreement facility, shall have  power
 out  of  any  funds  available therefor to purchase revenue bonds of the
 authorized issuers, which may or may not thereupon  be  canceled,  at  a
 price not exceeding:
   (a)  If  the  revenue  bonds are then redeemable, the redemption price
 then applicable, including any accrued interest; OR
   (b) If the revenue bonds are not then redeemable, the redemption price
 and accrued interest applicable on the first date  after  such  purchase
 upon which the revenue bonds become subject to redemption; OR
   (C) WHETHER OR NOT THE REVENUE BONDS ARE THEN REDEEMABLE, AT A REDEMP-
 TION  PRICE  THAT PROVIDES PRESENT VALUE SAVINGS TO THE STATE, AS CERTI-
 FIED IN WRITING BY AN INDEPENDENT FINANCIAL ADVISOR.
   NO LATER THAN SEVEN DAYS AFTER A REDEMPTION PURSUANT TO PARAGRAPH  (C)
 OF THIS SUBDIVISION, THE DIRECTOR OF THE BUDGET SHALL PROVIDE SUCH WRIT-
 TEN  CERTIFICATION  TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE
 CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   § 54. Paragraph (b) of subdivision 1 of section 54-b of section  1  of
 chapter  174  of  the laws of 1968 constituting the New York state urban
 development corporation act, as amended by section  49  of  part  PP  of
 chapter 56 of the laws of 2023, is amended to read as follows:
 S. 8306--C                         196                        A. 8806--C
 
   (b)  Notwithstanding  any  other  provision  of  law  to the contrary,
 including, specifically, the provisions of chapter 59  of  the  laws  of
 2000  and  section sixty-seven-b of the state finance law, the dormitory
 authority of the state of  New  York  and  the  corporation  are  hereby
 authorized  to issue personal income tax revenue anticipation notes with
 a maturity no later than March 31, [2024] 2025, in one or more series in
 an aggregate principal amount for each fiscal year not to  exceed  three
 billion  dollars,  and  to  pay costs of issuance of such notes, for the
 purpose of temporarily financing budgetary  needs  of  the  state.  Such
 purpose  shall constitute an authorized purpose under subdivision two of
 section sixty-eight-a of the state finance law for all purposes of arti-
 cle five-C of the state finance law with respect to the notes authorized
 by this  paragraph.  Such  notes  shall  not  be  renewed,  extended  or
 refunded. For so long as any notes authorized by this paragraph shall be
 outstanding, the restrictions, limitations and requirements contained in
 article five-B of the state finance law shall not apply.
   § 55. Subdivision 1 of section 386-a of the public authorities law, as
 amended  by  section 54 of part PP of chapter 56 of the laws of 2023, is
 amended to read as follows:
   1. Notwithstanding any other provision of law  to  the  contrary,  the
 authority, the dormitory authority and the urban development corporation
 are  hereby authorized to issue bonds or notes in one or more series for
 the purpose of assisting the metropolitan  transportation  authority  in
 the  financing  of  transportation  facilities as defined in subdivision
 seventeen of section twelve hundred sixty-one of this chapter  or  other
 capital  projects. The aggregate principal amount of bonds authorized to
 be issued pursuant to this section shall not exceed twelve billion  five
 hundred   fifteen  million  eight  hundred  fifty-six  thousand  dollars
 $12,515,856,000, excluding bonds issued to fund one or more debt service
 reserve funds, to pay costs of issuance of such bonds, and to refund  or
 otherwise  repay  such  bonds or notes previously issued. Such bonds and
 notes of the authority, the dormitory authority and the  urban  develop-
 ment  corporation  shall not be a debt of the state, and the state shall
 not be liable thereon, nor shall they be payable out of any funds  other
 than  those  appropriated  by  the state to the authority, the dormitory
 authority and the urban development corporation for principal, interest,
 and related expenses pursuant to a service contract and such  bonds  and
 notes  shall  contain  on  the  face thereof a statement to such effect.
 Except for purposes of complying with the  internal  revenue  code,  any
 interest  income  earned on bond proceeds shall only be used to pay debt
 service on such bonds. Notwithstanding any other provision of law to the
 contrary, including the limitations contained  in  subdivision  four  of
 section  sixty-seven-b of the state finance law, (A) any bonds and notes
 issued prior to April first,  two  thousand  [twenty-four]  TWENTY-SEVEN
 pursuant  to this section may be issued with a maximum maturity of fifty
 years, and (B) any bonds issued to refund such bonds and  notes  may  be
 issued  with  a maximum maturity of fifty years from the respective date
 of original issuance of such bonds and notes.
   § 56. 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  the  provisions of sections one, two, three, four, five,
 six, seven, eight,  fourteen,  fifteen,  sixteen,  seventeen,  eighteen,
 nineteen,  twenty, twenty-one, twenty-two, twenty-three, and twenty-four
 of this act shall expire March 31, 2025;  and  provided,  further,  that
 sections  twenty-five  and twenty-six of this act shall expire March 31,
 S. 8306--C                         197                        A. 8806--C
 
 2027, when upon such dates the provisions  of  such  sections  shall  be
 deemed repealed.
 
                                  PART YY
 
   Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
 legislative  law and the state finance law relating to the operation and
 administration of the legislature, as amended by section 1 of part DD of
 chapter 55 of the laws of 2023, is amended to read as follows:
   §  13.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect as of April 1, 1994,  provided  that,
 the  provisions  of  section  5-a  of  the legislative law as amended by
 sections two and two-a of this act shall take effect on January 1, 1995,
 and provided further that, the provisions of article 5-A of the legisla-
 tive law as added by section eight of this act  shall  expire  June  30,
 [2024]  2025 when upon such date the provisions of such article shall be
 deemed repealed; and provided further that section twelve  of  this  act
 shall be deemed to have been in full force and effect on and after April
 10, 1994.
   § 2. This act shall not supersede the findings and determinations made
 by  the  compensation  committee  as  authorized pursuant to part HHH of
 chapter 59 of the laws of 2018 unless a court of competent  jurisdiction
 determines  that  such findings and determinations are invalid or other-
 wise not applicable or in force.
   § 3. This act shall take effect  immediately,  provided,  however,  if
 this  act shall take effect on or after June 30, 2024, this act shall be
 deemed to have been in full force and effect on and after June 30, 2024.
 
                                  PART ZZ
 
   Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
 2590-b of the education law is amended by adding a  new  clause  (D)  to
 read as follows:
   (D)  COMMENCING  ON JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE BOARD OF
 EDUCATION SHALL CONSIST OF TWENTY-FOUR VOTING MEMBERS: ONE MEMBER TO  BE
 APPOINTED  BY  EACH  BOROUGH  PRESIDENT  OF  THE  CITY OF NEW YORK; FIVE
 MEMBERS, ONE FROM EACH BOROUGH OF THE CITY OF NEW YORK, TO BE ELECTED BY
 COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS; ONE INDEPENDENT  MEMBER
 WHO  SHALL  SERVE  AS  CHAIR  OF  THE BOARD AND WHO SHALL BE SELECTED AS
 ESTABLISHED IN  SUBPARAGRAPH  THREE  OF  THIS  PARAGRAPH;  AND  THIRTEEN
 MEMBERS  TO  BE  APPOINTED  BY  THE  MAYOR  OF THE CITY OF NEW YORK. THE
 INITIAL TERM OF THE CHAIR SELECTED PURSUANT  TO  SUBPARAGRAPH  THREE  OF
 THIS PARAGRAPH SHALL COMMENCE ON SEPTEMBER FIFTEENTH, TWO THOUSAND TWEN-
 TY-FOUR AND SHALL END ON SEPTEMBER FOURTEENTH, TWO THOUSAND TWENTY-FIVE;
 THEREAFTER  THE  CHAIR  SHALL  SERVE  FOR  A ONE-YEAR TERM COMMENCING ON
 SEPTEMBER FIFTEENTH. THE CHANCELLOR SHALL CONTINUE  REGULATIONS  PROMUL-
 GATED  UNDER  CLAUSE (C) OF THIS SUBPARAGRAPH ESTABLISHING A PROCESS FOR
 COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS TO ELECT MEMBERS OF  THE
 BOARD,  AND PROCESSES FOR REMOVAL OF SUCH MEMBERS AND FOR THE FILLING OF
 SUCH POSITIONS IN THE EVENT OF A VACANCY. APPOINTED MEMBERS AND  MEMBERS
 ELECTED  BY  COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS PURSUANT TO
 CLAUSE (C) OF THIS SUBPARAGRAPH AND COMMENCING A TERM ON JULY FIRST, TWO
 THOUSAND TWENTY-FOUR SHALL SERVE A TERM THAT ENDS ON JUNE THIRTIETH, TWO
 THOUSAND TWENTY-FIVE.   THEREAFTER, APPOINTED MEMBERS  AND  THE  MEMBERS
 ELECTED  BY  COMMUNITY DISTRICT EDUCATION COUNCIL PRESIDENTS SHALL SERVE
 FOR A ONE-YEAR TERM COMMENCING ON JULY FIRST.
 S. 8306--C                         198                        A. 8806--C
 
   § 2. Subparagraph 3 of paragraph  (a)  of  subdivision  1  of  section
 2590-b  of  the  education law, as amended by chapter 364 of the laws of
 2022, is amended to read as follows:
   (3)  The  [city  board]  INDEPENDENT  MEMBER  WHO shall [elect its own
 chairperson from among its voting members] SERVE AS CHAIR OF  THE  BOARD
 SHALL  BE SELECTED BY THE MAYOR OF THE CITY OF NEW YORK FROM AMONG THREE
 QUALIFIED CANDIDATES, ONE NOMINATED BY THE SPEAKER OF THE ASSEMBLY,  ONE
 NOMINATED BY THE MAJORITY LEADER OF THE SENATE, AND ONE NOMINATED BY THE
 CHANCELLOR OF THE BOARD OF REGENTS. IF THE MAYOR OF THE CITY OF NEW YORK
 SHALL  NOT  ACCEPT  ANY  OF  THE  THREE CANDIDATES, UP TO TWO ADDITIONAL
 GROUPS OF THREE WILL BE SUBMITTED TO THE MAYOR OF THE CITY OF  NEW  YORK
 FOR  CONSIDERATION.  THE  MAYOR  OF  THE  CITY OF NEW YORK MUST SELECT A
 CANDIDATE FROM AMONG THE NOMINEES NO LATER THAN SEPTEMBER  FIFTEENTH  OF
 EACH  YEAR.  AN INDIVIDUAL SELECTED TO SERVE AS CHAIR MAY BE REAPPOINTED
 BY THE MAYOR OF THE CITY OF NEW YORK TO  SERVE  AN  ADDITIONAL  ONE-YEAR
 TERM, PROVIDED SUCH REAPPOINTMENT WILL BE MADE ON OR BEFORE JUNE THIRTI-
 ETH  OF  EACH YEAR, AND PROVIDED FURTHER THAT NO INDIVIDUAL MAY SERVE AS
 CHAIR FOR MORE THAN TWO TERMS CONSECUTIVELY. IF THE  INDIVIDUAL  SERVING
 AS  CHAIR  IS  NOT  REAPPOINTED BY THE MAYOR OF THE CITY OF NEW YORK, IS
 TERM LIMITED PURSUANT TO THIS SUBPARAGRAPH, OR THE ROLE OF CHAIR BECOMES
 VACANT FOR ANY REASON, THE SELECTION OF A NEW MEMBER TO SERVE  AS  CHAIR
 WILL  BE  COMPLETED  THROUGH THE PROCESS AS ESTABLISHED IN THIS SUBPARA-
 GRAPH.
   § 3. Subparagraph 2 of paragraph c of subdivision 8 of section  2590-c
 of  the education law, as amended by section 43-c of part YYY of chapter
 59 of the laws of 2019, is amended to read as follows:
   (2) after reviewing the recommendations of the task force described in
 subdivision nine of this section, develop election procedures for commu-
 nity council members which  shall  attempt  to  ensure  membership  that
 reflects  a  representative  cross-section of the communities within the
 school district and diversity of the student population including  those
 with  particular  educational  needs, shall include consideration of the
 enrollment figures within each  community  district  and  the  potential
 disparity  of such enrollment from school to school within the district,
 and shall ensure that, to the extent possible, a school may have no more
 than one parent representative on the community council.  Such  measures
 shall  ensure  that  at  least  one position on the community council is
 filled by a parent of a current student who is or has been at  any  time
 an  English  language  learner, and at least one position is filled by a
 parent of a student who has or has at any  time  had  an  individualized
 education  program, and shall allow for the seven remaining positions to
 be filled by parents who are otherwise eligible.   SUCH ELECTION  PROCE-
 DURES SHALL ENSURE THAT NO CANDIDATE IS ELECTED BY A MARGIN OF LESS THAN
 ONE VOTE.
   §  4.  Paragraph b of subdivision 5-a of section 2576 of the education
 law, as added by chapter 91 of the laws of 2002, is amended  and  a  new
 paragraph c is added to read as follows:
   b.  The  city  amount  IN  A BUDGET ADOPTED BY THE COUNCIL PURSUANT TO
 SECTION TWO HUNDRED FIFTY-FOUR OF THE NEW YORK CITY CHARTER shall not be
 less than the city amount appropriated in the base year as determined at
 the time of adoption of the budget for the ensuing fiscal year AND SHALL
 BE CONSISTENT WITH THE REQUIREMENTS OF THE  CERTIFICATION  DESCRIBED  IN
 SUBDIVISION  SIX  OF  SECTION  TWO  HUNDRED  ELEVEN-D  OF  THIS CHAPTER.
 Provided, however, in the event the total amount of  city  funds  relied
 upon to balance such budget is lower than the total amount of city funds
 appropriated  in  the  base  year, determined at the time of adoption of
 S. 8306--C                         199                        A. 8806--C
 
 such budget PURSUANT TO A PROCESS DEVELOPED BY THE DEPARTMENT IN CONSUL-
 TATION WITH THE CITY OF NEW YORK AND THE LABOR ORGANIZATION REPRESENTING
 TEACHERS THAT IDENTIFIES A METHODOLOGY FOR THE ALLOCATION  OF  APPROPRI-
 ATIONS  BETWEEN  FISCAL YEARS AND PRESCRIBES A FORM UPON THE APPROVAL OF
 THE DIRECTOR OF BUDGET FOR THE CERTIFICATIONS REQUIRED BY THIS  SUBDIVI-
 SION, the city amount may be reduced by up to the same percentage as the
 overall  percentage decrease in city funds between the base year and the
 ensuing fiscal year.  BEFORE SUCH BUDGET MAY BE  CERTIFIED  PURSUANT  TO
 SECTION TWO HUNDRED FIFTY-SIX OF THE NEW YORK CITY CHARTER, THE MAYOR OF
 THE  CITY  OF  NEW  YORK  AND AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT
 SHALL CERTIFY TO THE COMMISSIONER, IN A FORM PRESCRIBED BY  THE  COMMIS-
 SIONER UPON THE APPROVAL OF THE DIRECTOR OF BUDGET, THAT THE CITY AMOUNT
 APPROPRIATED  IN  SUCH  BUDGET IS (I) IN COMPLIANCE WITH THIS PARAGRAPH;
 (II) CONSISTENT WITH THE REQUIREMENTS OF SUBDIVISION SIX OF SECTION  TWO
 HUNDRED  ELEVEN-D  OF THIS CHAPTER; AND (III) SUFFICIENT TO ENSURE INDI-
 VIDUAL SCHOOLS CAN MEET THE CLASS SIZE COMPLIANCE TARGETS SET  FORTH  IN
 SUBDIVISION  TWO  OF  SECTION TWO HUNDRED ELEVEN-D OF THIS CHAPTER. IF A
 BUDGET IS ADOPTED PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE  NEW
 YORK CITY CHARTER OR CERTIFIED PURSUANT TO SECTION TWO HUNDRED FIFTY-SIX
 OF  SUCH  CHARTER IN VIOLATION OF THIS PARAGRAPH, THE COUNCIL SHALL HAVE
 SIXTY DAYS TO ADOPT A BUDGET COMPLIANT WITH THIS PARAGRAPH AND HAVE SUCH
 BUDGET CERTIFIED IN ACCORDANCE WITH THE PROVISIONS  OF  THIS  PARAGRAPH.
 SHOULD  THE  BUDGET  NOT BE ADOPTED AND CERTIFIED WITHIN SIXTY DAYS, THE
 AMOUNT BY WHICH THE BUDGET IS NON-COMPLIANT SHALL BE WITHHELD  FROM  THE
 FOUNDATION  AID  ALLOTMENT UNTIL SUCH TIME AS THE BUDGET IS CERTIFIED AS
 COMPLIANT WITH THIS PARAGRAPH.
   C. ACTUAL BUDGET EXPENDITURES SHALL BE CERTIFIED IN OCTOBER  FOLLOWING
 THE  CLOSE  OF  THE FISCAL YEAR TO ENSURE COMPLIANCE WITH PARAGRAPH B OF
 THIS SUBDIVISION. IF THE BUDGET  EXPENDITURES  ARE  NOT  COMPLIANT  WITH
 PARAGRAPH  B  OF THIS SUBDIVISION, THE COUNCIL WILL APPROPRIATE FUNDS IN
 THE AMOUNT OF THE DISCREPANCY AS  PART  OF  THE  NOVEMBER  MODIFICATION,
 PURSUANT  TO  SUBDIVISION B OF SECTION ONE HUNDRED SEVEN OF THE NEW YORK
 CITY CHARTER.
   § 5. Subdivision 6 of section 211-d of the education law, as added  by
 section  12  of  part A of chapter 57 of the laws of 2007, is amended to
 read as follows:
   6. [The] (A) INCREASES IN TOTAL FOUNDATION AID AND SUPPLEMENTAL EDUCA-
 TIONAL IMPROVEMENT PLAN GRANTS SHALL BE  USED  TO  SUPPLEMENT,  AND  NOT
 SUPPLANT  FUNDS  ALLOCATED  BY  THE  DISTRICT  IN  THE BASE YEAR FOR ALL
 PURPOSES SET FORTH IN SUBDIVISION THREE OF THIS SECTION. IN  A  CITY  OF
 ONE  MILLION  OR MORE, THE CITY SCHOOL DISTRICT WILL PROVIDE THE COLLEC-
 TIVE BARGAINING UNIT FOR TEACHERS WITH THE LIST OF BUDGET CODES IN WHICH
 FUNDING PROVIDED UNDER THIS SECTION IS UTILIZED FOR A BUDGET THAT  WOULD
 BEGIN  JULY FIRST, TWO THOUSAND TWENTY-FIVE AND AFTER.  EXCEPT IN A CITY
 OF ONE MILLION OR MORE, THE school district audit  report  certified  to
 the  commissioner by an independent certified public accountant[,] OR an
 independent accountant [or the comptroller of  the  city  of  New  York]
 pursuant  to  section twenty-one hundred sixteen-a of this chapter shall
 include a certification by such accountant [or comptroller]  in  a  form
 prescribed  by the commissioner [and that the increases in total founda-
 tion aid and supplemental educational improvement plan grants have  been
 used  to supplement, and not supplant funds allocated by the district in
 the base year for such purposes] OF COMPLIANCE WITH THE  FIRST  SENTENCE
 OF THIS SUBDIVISION.
   (B)  WITHIN  TEN DAYS OF ADOPTION OF A BUDGET BY THE CITY OF NEW YORK,
 AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT, OR AN INDEPENDENT ACCOUNTANT
 S. 8306--C                         200                        A. 8806--C
 
 OR THE COMPTROLLER OF SUCH CITY SHALL CERTIFY IN A  FORM  PRESCRIBED  BY
 THE  COMMISSIONER  THAT  (I)  AN AUDIT BY SUCH OFFICE HAS CONFIRMED THAT
 INCREASES IN TOTAL FOUNDATION AID AND SUPPLEMENTAL IMPROVEMENT GRANTS IN
 THE  BASE YEAR WERE USED TO SUPPLEMENT, AND NOT SUPPLANT FUNDS ALLOCATED
 BY THE DISTRICT IN THE PREVIOUS YEAR AND (II)  IN  THE  ADOPTED  BUDGET,
 INCREASES  IN  TOTAL  FOUNDATION AID AND SUPPLEMENTAL IMPROVEMENT GRANTS
 SUPPLEMENT, NOT SUPPLANT FUNDS ALLOCATED BY THE  DISTRICT  IN  THE  BASE
 YEAR FOR SUCH PURPOSES.
   UPON A DETERMINATION THAT EITHER (I) INCREASES IN TOTAL FOUNDATION AID
 AND  SUPPLEMENTAL  IMPROVEMENT  GRANTS  IN  THE  BASE  YEAR WERE USED TO
 SUPPLANT FUNDS ALLOCATED BY THE DISTRICT, OR  (II)  INCREASES  IN  TOTAL
 FOUNDATION  AID AND SUPPLEMENTAL IMPROVEMENT GRANTS AS APPROPRIATED WILL
 SUPPLANT FUNDS ALLOCATED BY THE DISTRICT IN THE BASE YEAR, THE  DISTRICT
 SHALL  BE  ORDERED  TO RESTORE FUNDS IN SUCH AMOUNTS AS TO ELIMINATE THE
 VIOLATION.
   § 6. 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]  2026  provided,
 FURTHER  THAT  SUBDIVISION  5-A OF SECTION 2576 OF THE EDUCATION LAW, AS
 ADDED BY SECTION FIVE OF THIS  ACT,  SHALL  NOT  EXPIRE  THEREWITH,  AND
 PROVIDED,  further,  that  notwithstanding any provision of article 5 of
 the general construction law, on June 30, [2024] 2026 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.
   §  7. 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:
 S. 8306--C                         201                        A. 8806--C
 
   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] 2026.
   §  8.  This act shall take effect immediately; provided, however, that
 the amendments to section 2590-b of the education law made  by  sections
 one  and  two  of  this act, and the amendments to section 2590-c of the
 education law made by section three of this act, shall  not  affect  the
 expiration  of  such  sections  and  shall expire and be deemed repealed
 therewith.
 
                                 PART AAA

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "newspaper and broadcast media jobs program".
   §  2.  The economic development law is amended by adding a new article
 27 to read as follows:
                                ARTICLE 27
                NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM
 SECTION 490. SHORT TITLE.
         491. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
         492. DEFINITIONS.
         493. ELIGIBILITY CRITERIA.
         494. APPLICATION AND APPROVAL PROCESS.
         495. NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT.
         496. POWERS AND DUTIES OF THE COMMISSIONER.
   § 490. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM".
   § 491. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS HEREBY
 FOUND  AND  DECLARED  THAT  NEW  YORK STATE NEEDS, AS A MATTER OF PUBLIC
 POLICY, TO PROVIDE FINANCIAL SUPPORT AND INCENTIVES FOR BUSINESSES WHICH
 OPERATE AS NEWSPAPER AND BROADCAST MEDIA, TO SUSTAIN  A  PRODUCTIVE  AND
 EFFECTIVE INDUSTRY.
   § 492. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "AVERAGE  FULL-TIME  EMPLOYMENT"  SHALL MEAN THE AVERAGE NUMBER OF
 FULL-TIME POSITIONS EMPLOYED BY A BUSINESS ENTITY IN AN ELIGIBLE  INDUS-
 TRY DURING A GIVEN PERIOD.
   2.  "AVERAGE STARTING FULL-TIME EMPLOYMENT" SHALL BE CALCULATED AS THE
 AVERAGE NUMBER OF FULL-TIME POSITIONS EMPLOYED BY A BUSINESS  ENTITY  IN
 AN  ELIGIBLE INDUSTRY DURING A TIMEFRAME TO BE DETERMINED BY THE DEPART-
 MENT OF ECONOMIC DEVELOPMENT.
   3. "AVERAGE ENDING FULL-TIME EMPLOYMENT" SHALL BE  CALCULATED  AS  THE
 AVERAGE  NUMBER  OF FULL-TIME POSITIONS EMPLOYED BY A BUSINESS ENTITY IN
 AN ELIGIBLE INDUSTRY DURING A TIMEFRAME TO BE DETERMINED BY THE  DEPART-
 MENT OF ECONOMIC DEVELOPMENT.
   4. "CERTIFICATE OF TAX CREDIT" MEANS THE DOCUMENT ISSUED TO A BUSINESS
 ENTITY  BY  THE  DEPARTMENT  AFTER  THE DEPARTMENT HAS VERIFIED THAT THE
 BUSINESS ENTITY HAS MET ALL  APPLICABLE  ELIGIBILITY  CRITERIA  IN  THIS
 ARTICLE. THE CERTIFICATE SHALL SPECIFY THE EXACT AMOUNT OF THE TAX CRED-
 IT  UNDER  THIS  ARTICLE  THAT  A BUSINESS ENTITY MAY CLAIM, PURSUANT TO
 SECTION FOUR HUNDRED NINETY-FIVE AND SECTION FOUR HUNDRED NINETY-SIX  OF
 THIS ARTICLE.
   5. "COMMISSIONER" SHALL MEAN COMMISSIONER OF ECONOMIC DEVELOPMENT.
   6. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
 S. 8306--C                         202                        A. 8806--C
 
   7.  "ELIGIBLE  BUSINESS"  SHALL  MEAN A PRINT MEDIA OR BROADCAST MEDIA
 BUSINESS OPERATING WITHIN AN ELIGIBLE INDUSTRY, WHICH ALSO CARRIES MEDIA
 LIABILITY INSURANCE.
   8.  "ELIGIBLE EMPLOYEE" SHALL MEAN AN EMPLOYEE WORKING FULL-TIME AT AN
 ELIGIBLE BUSINESS, AS DETERMINED BY THE DEPARTMENT.
   9. "ELIGIBLE INDUSTRY" MEANS A BUSINESS ENTITY OPERATING PREDOMINANTLY
 IN THE NEWSPAPER PUBLISHING SECTOR OR THE  BROADCAST  MEDIA  SECTOR,  AS
 DETERMINED BY THE DEPARTMENT.
   10.  "NET  EMPLOYEE  INCREASE" MEANS AN INCREASE OF AT LEAST ONE FULL-
 TIME EMPLOYEE BETWEEN THE AVERAGE STARTING FULL-TIME EMPLOYMENT AND  THE
 AVERAGE  ENDING FULL-TIME EMPLOYMENT OF A BUSINESS ENTITY, AS DEFINED BY
 THE DEPARTMENT.
   11. "NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT" SHALL MEAN  A  TAX
 CREDIT  WHICH  SHALL  PROVIDE  A CREDIT TO ELIGIBLE BUSINESSES OPERATING
 WITHIN ELIGIBLE INDUSTRIES. THE NEWSPAPER AND BROADCAST MEDIA  JOBS  TAX
 CREDIT  SHALL HAVE TWO COMPONENTS. THE NEWSPAPER AND BROADCAST MEDIA NEW
 JOB CREATION COMPONENT SHALL ALLOW A CREDIT OF FIVE-THOUSAND DOLLARS PER
 NET NEW JOB CREATED AT ELIGIBLE  BUSINESSES  OPERATING  WITHIN  ELIGIBLE
 INDUSTRIES.  THE  NEWSPAPER  AND BROADCAST MEDIA EXISTING JOBS COMPONENT
 SHALL ALLOW A TAX CREDIT AVAILABLE  TO  SUPPORT  THE  COSTS  RELATED  TO
 RETENTION  OF  EXISTING  JOBS  AT  ELIGIBLE  BUSINESSES OPERATING WITHIN
 ELIGIBLE INDUSTRIES.
   12. (A)"BROADCAST MEDIA BUSINESS" MEANS ANY BROADCAST STATION WHICH:
   (I) HAS BEEN BROADCASTING FOR AT LEAST ONE YEAR PRIOR TO THE TAX  YEAR
 FOR WHICH IT IS APPLYING FOR A CREDIT;
   (II) OWNS OR OPERATES A BROADCAST STATION, AS DEFINED BY SECTION THREE
 OF THE FEDERAL COMMUNICATIONS ACT OF 1934; AND
   (III)  DISCLOSES ITS OWNERSHIP TO THE PUBLIC AT SUCH TIMES AND IN SUCH
 MANNER AS IDENTIFIED BY THE COMMISSIONER.
   (B) FOR PURPOSES OF THIS PARAGRAPH EACH FCC LICENSED BROADCAST STATION
 SERVING A SEPARATE MARKET SHALL BE TREATED AS A SEPARATE BROADCAST MEDIA
 BUSINESS.
   13. "INDEPENDENTLY OWNED" SHALL MEAN A BUSINESS ENTITY  THAT  IS  NOT:
 (A) A PUBLICLY TRADED ENTITY OR NO MORE THAN FIVE PERCENT OF THE BENEFI-
 CIAL  OWNERSHIP  OF WHICH IS OWNED, DIRECTLY OR INDIRECTLY BY A PUBLICLY
 TRADED ENTITY; (B) A SUBSIDIARY; AND (C) ANY  OTHER  CRITERIA  THAT  THE
 DEPARTMENT SHALL DETERMINE VIA REGULATIONS TO ENSURE THE BUSINESS IS NOT
 CONTROLLED BY ANOTHER BUSINESS ENTITY.
   §  493. ELIGIBILITY CRITERIA. TO BE ELIGIBLE FOR THE TAX CREDIT ESTAB-
 LISHED UNDER THIS SECTION, A BUSINESS ENTITY MUST:
   1. BE AN ELIGIBLE BUSINESS OPERATING WITHIN AN ELIGIBLE INDUSTRY;
   2. BE INDEPENDENTLY OWNED OR, IN THE CASE OF A PRINT  MEDIA  BUSINESS,
 DEMONSTRATE  A  REDUCTION  IN  CIRCULATION OR IN THE NUMBER OF FULL-TIME
 EQUIVALENT EMPLOYEES OF AT LEAST TWENTY PERCENT OVER THE  PREVIOUS  FIVE
 YEARS; AND
   3. OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY, AND BE LOCATED WITH-
 IN THE STATE OF NEW YORK. THE DEPARTMENT, IN ITS REGULATIONS PROMULGATED
 PURSUANT TO THIS ARTICLE, SHALL HAVE THE AUTHORITY TO LIST CERTAIN TYPES
 OF ESTABLISHMENTS AS INELIGIBLE.
   §  494.  APPLICATION  AND  APPROVAL PROCESS. 1. A BUSINESS ENTITY MUST
 SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES  AND  A  TIMEFRAME  FOR
 BUSINESS  ENTITIES  TO  SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
 EACH BUSINESS ENTITY MUST:
   (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER OF THEIR BUSINESS ELIGIBILITY;
 S. 8306--C                         203                        A. 8806--C
 
   (B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
 BUSINESS ENTITY'S TAX INFORMATION WITH THE DEPARTMENT;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF  LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION  WITH  THE  DEPARTMENT.  HOWEVER,  ANY  INFORMATION
 SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR DISCLOSURE
 OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D)  ALLOW  THE  DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; AND
   (E) AGREE TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED  BY  THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A BUSINESS ENTITY'S COMPLETED FINAL APPLICATION AND
 DETERMINING  THAT  THE BUSINESS ENTITY MEETS THE ELIGIBILITY CRITERIA AS
 SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY  ISSUE  TO  THAT  BUSINESS
 ENTITY  A CERTIFICATE OF TAX CREDIT. A BUSINESS ENTITY MAY CLAIM THE TAX
 CREDIT.
   § 495. NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT.  1.  A  BUSINESS
 ENTITY  THAT  MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED
 NINETY-THREE OF THIS  ARTICLE,  AND  MEETS  ANY  ADDITIONAL  ELIGIBILITY
 CRITERIA  AS  ARTICULATED  IN  REGULATIONS  ESTABLISHED PURSUANT TO THIS
 SECTION, AND DEMONSTRATES A NET EMPLOYEE INCREASE, MAY  BE  ELIGIBLE  TO
 CLAIM  A  CREDIT  EQUAL  TO FIVE THOUSAND DOLLARS PER EACH FULL-TIME NET
 EMPLOYEE INCREASE AS DEFINED IN SECTION FOUR HUNDRED NINETY-TWO OF  THIS
 ARTICLE.  A  BUSINESS ENTITY, INCLUDING A PARTNERSHIP, LIMITED LIABILITY
 COMPANY AND SUBCHAPTER S CORPORATION, MAY NOT RECEIVE IN EXCESS OF TWEN-
 TY THOUSAND DOLLARS IN TAX CREDITS UNDER THIS PROGRAM.
   2. A BUSINESS  ENTITY  THAT  MEETS  THE  ELIGIBILITY  REQUIREMENTS  OF
 SECTION  FOUR  HUNDRED NINETY-THREE OF THIS ARTICLE, AND MEETS ANY ADDI-
 TIONAL ELIGIBILITY CRITERIA AS ARTICULATED  IN  REGULATIONS  ESTABLISHED
 PURSUANT  TO  THIS  SECTION,  MAY BE ELIGIBLE TO CLAIM A CREDIT EQUAL TO
 FIFTY PERCENT OF ANNUAL WAGES OF AN ELIGIBLE EMPLOYEE.  THE  CALCULATION
 OF  SUCH  A CREDIT SHALL ONLY BE APPLIED TO UP TO FIFTY THOUSAND DOLLARS
 IN WAGES PAID ANNUALLY PER ELIGIBLE EMPLOYEE. A BUSINESS ENTITY, INCLUD-
 ING A PARTNERSHIP, LIMITED LIABILITY COMPANY  AND  SUBCHAPTER  S  CORPO-
 RATION,  MAY  NOT RECEIVE IN EXCESS OF THREE HUNDRED THOUSAND DOLLARS IN
 TAX CREDITS UNDER THIS PROGRAM.
   3. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CRED-
 IT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE  MAY  NOT  EXCEED
 THIRTY  MILLION  DOLLARS  FOR  EACH YEAR THE CREDIT IS AVAILABLE. WITHIN
 THIS AMOUNT, THE NEWSPAPER AND BROADCAST MEDIA NEW JOB  CREATION  COMPO-
 NENT  OF THE CREDIT MAY NOT EXCEED FOUR MILLION DOLLARS PER YEAR AND THE
 NEWSPAPER AND BROADCAST MEDIA EXISTING JOBS COMPONENT OF THE CREDIT  MAY
 NOT  EXCEED  TWENTY-SIX  MILLION  DOLLARS PER YEAR. FIFTY PERCENT OF THE
 NEWSPAPER AND BROADCAST MEDIA EXISTING JOBS COMPONENT  CREDITS  WILL  BE
 SET-ASIDE  FOR  ELIGIBLE  BUSINESS  ENTITIES  WITH  ONE HUNDRED OR FEWER
 EMPLOYEES. FIFTY PERCENT OF THE NEWSPAPER AND BROADCAST  MEDIA  EXISTING
 JOBS  COMPONENT CREDITS WILL BE SET-ASIDE FOR ELIGIBLE BUSINESS ENTITIES
 WITH OVER ONE HUNDRED EMPLOYEES. IN BOTH INSTANCES THE CAP WILL BE THREE
 HUNDRED THOUSAND DOLLARS UNDER THIS PROGRAM.
   4. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN  SECTION  FORTY-NINE  OF
 THE TAX LAW.
   §  496.  POWERS  AND  DUTIES  OF THE COMMISSIONER. 1. THE COMMISSIONER
 SHALL PROMULGATE REGULATIONS ESTABLISHING  AN  APPLICATION  PROCESS  AND
 ELIGIBILITY  CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES
 OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX  CREDITS  SET
 FORTH  IN  SECTION  FOUR  HUNDRED  NINETY-FIVE  OF  THIS  ARTICLE WHICH,
 S. 8306--C                         204                        A. 8806--C

 NOTWITHSTANDING ANY PROVISIONS TO THE CONTRARY IN THE STATE  ADMINISTRA-
 TIVE PROCEDURE ACT, MAY BE ADOPTED ON AN EMERGENCY BASIS.
   2.  THE  COMMISSIONER  SHALL,  IN  CONSULTATION WITH THE DEPARTMENT OF
 TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL  BE
 ISSUED  BY  THE  COMMISSIONER  TO  ELIGIBLE BUSINESSES. SUCH CERTIFICATE
 SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
 AND FINANCE.
   3. THE COMMISSIONER SHALL SOLELY  DETERMINE  THE  ELIGIBILITY  OF  ANY
 APPLICANT APPLYING FOR ENTRY INTO THE PROGRAM AND SHALL REMOVE ANY BUSI-
 NESS ENTITY FROM THE PROGRAM FOR FAILING TO MEET ANY OF THE REQUIREMENTS
 SET  FORTH  IN SECTION FOUR HUNDRED NINETY-THREE OF THIS ARTICLE, OR FOR
 FAILING TO MEET THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF SECTION
 FOUR HUNDRED NINETY-FOUR OF THIS ARTICLE.
   § 3. The tax law is amended by adding a new  section  49  to  read  as
 follows:
   §  49. NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT. (A) ALLOWANCE OF
 CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE NINE-A OR TWENTY-TWO  OF
 THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST SUCH TAX, PURSUANT TO THE
 PROVISIONS  REFERENCED IN SUBDIVISION (E) OF THIS SECTION. THE AMOUNT OF
 THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED PURSUANT TO  ARTICLE  TWEN-
 TY-SEVEN  OF  THE ECONOMIC DEVELOPMENT LAW. A TAXPAYER THAT IS A PARTNER
 IN A PARTNERSHIP, MEMBER OF A LIMITED LIABILITY COMPANY  OR  SHAREHOLDER
 IN A SUBCHAPTER S CORPORATION SHALL BE ALLOWED ITS PRO-RATA SHARE OF THE
 CREDIT  ALLOWED  FOR  THE  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY  OR
 SUBCHAPTER S CORPORATION. NO COST OR EXPENSE PAID OR  INCURRED  THAT  IS
 INCLUDED AS PART OF THE CALCULATION OF THIS CREDIT SHALL BE THE BASIS OF
 ANY OTHER TAX CREDIT ALLOWED UNDER THIS CHAPTER.
   (B)  ELIGIBILITY.  TO BE ELIGIBLE TO CLAIM THE NEWSPAPER AND BROADCAST
 MEDIA JOBS TAX CREDIT THE TAXPAYER SHALL HAVE BEEN ISSUED A  CERTIFICATE
 OF  TAX  CREDIT  BY  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO
 ARTICLE TWENTY-SEVEN OF THE ECONOMIC DEVELOPMENT LAW, WHICH  CERTIFICATE
 SHALL  SET  FORTH  THE  AMOUNT OF THE CREDIT THAT MAY BE CLAIMED FOR THE
 TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO  CLAIM  ONLY  THE  AMOUNT
 LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE YEAR.
   (C)  TAX  RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH
 TO ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF  OF
 RECEIPT  OF  ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF
 THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
   (D) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX  CREDIT  ISSUED  BY  THE
 DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  UNDER ARTICLE TWENTY-SEVEN OF THE
 ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT,  THE  AMOUNT  OF
 CREDIT  DESCRIBED  IN  THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
 THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN  WHICH
 ANY SUCH REVOCATION BECOMES FINAL.
   (E)  CROSS  REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED IN THIS
 SECTION SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
   (1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 60.
   (2) ARTICLE 22: SECTION 606, SUBSECTION (PPP).
   § 4. Section 210-B of the tax law is amended by adding a new  subdivi-
 sion 60 to read as follows:
   60.  NEWSPAPER  AND  BROADCAST MEDIA JOBS TAX CREDIT. (A) ALLOWANCE OF
 CREDIT.   A TAXPAYER SHALL BE  ALLOWED  A  CREDIT,  TO  BE  COMPUTED  AS
 PROVIDED  IN  SECTION  FORTY-NINE  OF  THIS  CHAPTER,  AGAINST THE TAXES
 IMPOSED BY THIS ARTICLE.
   (B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER  THIS  SUBDIVISION
 FOR  THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
 S. 8306--C                         205                        A. 8806--C
 
 THAN THE AMOUNT PRESCRIBED  IN  PARAGRAPH  (D)  OF  SUBDIVISION  ONE  OF
 SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
 IT ALLOWABLE UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX
 TO  SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
 DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN  SUCH
 TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
 REFUNDED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION ONE THOUSAND
 EIGHTY-SIX  OF  THIS  CHAPTER.  PROVIDED,  HOWEVER,  THE  PROVISIONS  OF
 SUBSECTION  (C)  OF  SECTION  ONE  THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
 NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
   § 5. Section 606 of the tax law is amended by adding a new  subsection
 (ppp) to read as follows:
   (PPP)  NEWSPAPER AND BROADCAST MEDIA JOBS TAX CREDIT. (1) ALLOWANCE OF
 CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED
 IN SECTION FORTY-NINE OF THIS CHAPTER, AGAINST THE TAX IMPOSED  BY  THIS
 ARTICLE.
   (2)  APPLICATION  OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
 THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
 YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
 ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX  HUNDRED
 EIGHTY-SIX  OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
 PAID THEREON.
   § 6. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is  amended  by  adding  a new clause (li) to read as
 follows:
   (LI) NEWSPAPER AND BROADCAST       AMOUNT OF CREDIT UNDER SUBDIVISION
 MEDIA JOBS TAX CREDIT UNDER          SIXTY OF SECTION TWO HUNDRED TEN-B
 SUBSECTION (PPP)
   § 7. This act shall take effect immediately and  shall  apply  to  tax
 years beginning on or after January 1, 2025 and ending before January 1,
 2028.
 
                                 PART BBB
 
   Section  1.  Subsection (c-1) of section 606 of the tax law is amended
 by adding a new paragraph 5 to read as follows:
   (5) (A) FOR TAX YEAR TWO THOUSAND TWENTY-THREE, THE COMMISSIONER SHALL
 ISSUE A PAYMENT OF A SUPPLEMENTAL  EMPIRE  STATE  CHILD  CREDIT  IN  THE
 AMOUNT  OF  (I)  ONE  HUNDRED  PERCENT  OF THE EMPIRE STATE CHILD CREDIT
 CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION  TO  TAXPAYERS  WHOSE
 FEDERAL  ADJUSTED  GROSS INCOME WAS LESS THAN TEN THOUSAND DOLLARS; (II)
 SEVENTY-FIVE PERCENT OF THE EMPIRE STATE  CHILD  CREDIT  CALCULATED  AND
 ALLOWED  PURSUANT TO THIS SUBSECTION TO TAXPAYERS WHOSE FEDERAL ADJUSTED
 GROSS INCOME WAS GREATER THAN OR EQUAL TO TEN THOUSAND DOLLARS BUT  LESS
 THAN  TWENTY-FIVE  THOUSAND  DOLLARS;  (III) FIFTY PERCENT OF THE EMPIRE
 STATE CHILD CREDIT CALCULATED AND ALLOWED PURSUANT TO THIS SUBSECTION TO
 TAXPAYERS WHOSE FEDERAL ADJUSTED GROSS INCOME WAS GREATER THAN OR  EQUAL
 TO  TWENTY-FIVE  THOUSAND  DOLLARS BUT LESS THAN FIFTY THOUSAND DOLLARS;
 AND (IV) TWENTY-FIVE PERCENT OF THE EMPIRE STATE CHILD CREDIT CALCULATED
 AND ALLOWED PURSUANT TO  THIS  SUBSECTION  TO  TAXPAYERS  WHOSE  FEDERAL
 ADJUSTED  GROSS  INCOME  WAS  GREATER  THAN  OR  EQUAL TO FIFTY THOUSAND
 DOLLARS. PROVIDED, HOWEVER, THAT NO PAYMENT SHALL BE  ISSUED  IF  IT  IS
 LESS THAN TWENTY-FIVE DOLLARS.
   (B)  THE  SUPPLEMENTAL  PAYMENT  PURSUANT  TO  THIS PARAGRAPH SHALL BE
 ALLOWED TO TAXPAYERS WHO TIMELY FILED RETURNS PURSUANT  TO  SECTION  SIX
 S. 8306--C                         206                        A. 8806--C
 
 HUNDRED  FIFTY-ONE OF THIS ARTICLE, DETERMINED WITH REGARD TO EXTENSIONS
 PURSUANT TO SECTION SIX HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
   § 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 Parts A through BBB of this act shall
 be as specifically set forth in the last section of such Parts.