Bill Text: NY A09506 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year; prohibits meal shaming in public school districts, charter schools and non-public schools; requires a school or school district to contact the parent or guardian to offer assistance with a meal application; further requires a clear explanation of the procedure to handle unpaid meal charges; makes related provisions (Part B); relates to participation in recovery high school programs (Part D); relates to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years and repeals provisions of law relating to CTH funding and reimbursement (Part G); relates to consolidating the youth development and delinquency prevention program and the special delinquency prevention program (Part I); relates to extending the effectiveness of the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part J); adds the office of children and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); repeals certain provisions of law relating to calculating charge back rates by the state university of New York and the city university of New York (Part P); relates to providing feminine hygiene products in public schools (Part Q); relates to a working group to develop computer science standards for grades K through 12 (Part R); establishes that to the extent that physician appointees are available for appointment, at least one of the physician appointees to the state board for medicine shall be an expert on reducing health disparities among demographic subgroups, and one shall be an expert on women's health (Part S); relates to eligibility for and the amount of excelsior scholarships (Part T); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY; repealer (Part U); relates to the foster youth college success initiative, permits moneys to be spent providing supplemental housing and meals for foster youth not currently enrolled in a post-secondary opportunity program at the state university for New York (Part V); relates to enhanced tuition awards (Part W); establishes the residential emergency services to offer home repairs to the elderly program; provides that all repairs must be completed withing sixty business days of the start of repairs, provided, however, that the commissioner grant the eligible applicant additional time for good cause (Part X); provides financial assistance to eligible applicants for adapting or retrofitting eligible properties to improve disabled veteran access (Part Y); establishes the SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund (Part Z); establishes the New York state teacher loan forgiveness program to provide grants to teachers having education loans and who agree to teach in the state in a shortage subject area or a hard to staff school district (Part AA); relates to the New York state science, technology, engineering and mathematics incentive program (Part BB); relates to the education of children in foster care (Part CC); and relates to an income savings plan for the city of New York; extends provisions relating thereto (Part DD).
Spectrum: Committee Bill
Status: (Passed) 2018-04-12 - signed chap.56 [A09506 Detail]
Download: New_York-2017-A09506-Introduced.html
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year; prohibits meal shaming in public school districts, charter schools and non-public schools; requires a school or school district to contact the parent or guardian to offer assistance with a meal application; further requires a clear explanation of the procedure to handle unpaid meal charges; makes related provisions (Part B); relates to participation in recovery high school programs (Part D); relates to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years and repeals provisions of law relating to CTH funding and reimbursement (Part G); relates to consolidating the youth development and delinquency prevention program and the special delinquency prevention program (Part I); relates to extending the effectiveness of the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part J); adds the office of children and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); repeals certain provisions of law relating to calculating charge back rates by the state university of New York and the city university of New York (Part P); relates to providing feminine hygiene products in public schools (Part Q); relates to a working group to develop computer science standards for grades K through 12 (Part R); establishes that to the extent that physician appointees are available for appointment, at least one of the physician appointees to the state board for medicine shall be an expert on reducing health disparities among demographic subgroups, and one shall be an expert on women's health (Part S); relates to eligibility for and the amount of excelsior scholarships (Part T); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY; repealer (Part U); relates to the foster youth college success initiative, permits moneys to be spent providing supplemental housing and meals for foster youth not currently enrolled in a post-secondary opportunity program at the state university for New York (Part V); relates to enhanced tuition awards (Part W); establishes the residential emergency services to offer home repairs to the elderly program; provides that all repairs must be completed withing sixty business days of the start of repairs, provided, however, that the commissioner grant the eligible applicant additional time for good cause (Part X); provides financial assistance to eligible applicants for adapting or retrofitting eligible properties to improve disabled veteran access (Part Y); establishes the SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund (Part Z); establishes the New York state teacher loan forgiveness program to provide grants to teachers having education loans and who agree to teach in the state in a shortage subject area or a hard to staff school district (Part AA); relates to the New York state science, technology, engineering and mathematics incentive program (Part BB); relates to the education of children in foster care (Part CC); and relates to an income savings plan for the city of New York; extends provisions relating thereto (Part DD).
Spectrum: Committee Bill
Status: (Passed) 2018-04-12 - signed chap.56 [A09506 Detail]
Download: New_York-2017-A09506-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 7506 A. 9506 SENATE - ASSEMBLY January 18, 2018 ___________ 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 and the apportionment of public moneys; to amend the education law, in relation to the reporting of teacher diversity; to amend the education law, in relation to teaching tolerance; to amend the educa- tion law, in relation to reporting requirements of school level fund- ing; to amend the education law, in relation to charter school tuition and facility aid for charter schools; to amend the education law, in relation to supplemental public excess cost aid; to amend the educa- tion law, in relation to total foundation aid; to amend the education law, in relation to building aid; to amend the education law, in relation to full day kindergarten aid; 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 aid; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to state aid adjustments; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; to amend the education law, in relation to summer programs for students with disabilities; 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 reimbursements for the 2018-2019 school year; 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 withholding a portion of employ- ment preparation education aid and in relation to the effectiveness thereof; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12672-01-8S. 7506 2 A. 9506 amend chapter 82 of the laws of 1995, amending the education law and certain 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 the education law, in relation to authorizing the granting of waivers for certain duties owed by school districts to children with handicapping conditions; to amend chapter 89 of the laws of 2016, relating to supplementary funding for dedi- cated programs for public school students in the East Ramapo central school district, in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend 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 expiration of certain provisions; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend chapter 56 of the laws of 2014, amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, in relation to the expira- tion of certain provisions; to amend the education law, in relation to requiring the commissioner of education to include certain information in the official score report of all students; relating to school bus driver training; relating to special apportionment for salary expenses and public pension accruals; relating to suballocations of appropri- ations; relating to the city school district of the city of Rochester; relating to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2017-2018 school year; and relating to the support of public libraries (Part A); to amend the education law and chapter 537 of the laws of 1976, relating to paid, free and reduced price break- fast for eligible pupils in certain school districts, in relation prohibiting lunch shaming and to school breakfast and lunch programs (Part B); to amend the education law, in relation to authorizing school bus stop cameras; and to amend the vehicle and traffic law, in relation to owner liability for operator illegally overtaking or pass- ing a school bus and increasing fines for passing a stopped school bus (Part C); to amend the education law, in relation to participation in recovery high school programs (Part D); to amend the education law, in relation to eligibility requirements and conditions governing general awards, academic performance awards and student loans; eligibility requirements for assistance under the higher education opportunity programs and the collegiate science and technology entry program; the definition of "resident"; financial aid opportunities for students of the state university of New York, the city university of New York and community colleges; and the program requirements for the New York state college choice tuition savings program; and to repeal subdivi- sion 3 of section 661 of the education law relating thereto (Part E); to amend the education law, the business corporation law, the partner- ship law and the limited liability company law, in relation to certi- fied public accountants (Part F); to amend chapter 57 of the laws ofS. 7506 3 A. 9506 2012 amending the social services law and the family court act relat- ing to establishing a juvenile justice services close to home initi- ative, and amending the social services law, the family court act and the executive law relating to juvenile delinquents, in relation to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years; and to repeal certain provisions of paragraph (a) of subdivision 8 of section 404 of the social services law relating to CTH funding and reimbursement (Part G); in relation to authorizing the closure of the Ella McQueen reception center for boys and girls (Part H); to amend part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth development and delinquency prevention program and the special delinquency prevention program, in relation to extend- ing such provisions (Part I); to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to the effectiveness thereof (Part J); to amend the public authorities law, in relation to adding the office of chil- dren and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); 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 L); to amend the social services law, in relation to a rental subsidy for public assistance recipients living with HIV/AIDS (Part M); to utilize reserves in the mortgage insurance fund for various housing purposes (Part N); and to amend chapter 85 of the laws of 2017, relating to creating the Lake Ontario-St. Lawrence Seaway flood recovery and International Joint Commission Plan 2014 mitigation grant program, in relation to utilizing reserves in the mortgage insurance fund for various housing purposes (Part O) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2018-2019 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through O. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 14 tion law, as amended by section 1 of part YYY of chapter 59 of the laws 15 of 2017, is amended to read as follows: 16 e. Notwithstanding paragraphs a and b of this subdivision, a school 17 district that submitted a contract for excellence for the two thousandS. 7506 4 A. 9506 1 eight--two thousand nine school year shall submit a contract for excel- 2 lence for the two thousand nine--two thousand ten school year in 3 conformity with the requirements of subparagraph (vi) of paragraph a of 4 subdivision two of this section unless all schools in the district are 5 identified as in good standing and provided further that, a school 6 district that submitted a contract for excellence for the two thousand 7 nine--two thousand ten school year, unless all schools in the district 8 are identified as in good standing, shall submit a contract for excel- 9 lence for the two thousand eleven--two thousand twelve school year which 10 shall, notwithstanding the requirements of subparagraph (vi) of para- 11 graph a of subdivision two of this section, provide for the expenditure 12 of an amount which shall be not less than the product of the amount 13 approved by the commissioner in the contract for excellence for the two 14 thousand nine--two thousand ten school year, multiplied by the 15 district's gap elimination adjustment percentage and provided further 16 that, a school district that submitted a contract for excellence for the 17 two thousand eleven--two thousand twelve school year, unless all schools 18 in the district are identified as in good standing, shall submit a 19 contract for excellence for the two thousand twelve--two thousand thir- 20 teen school year which shall, notwithstanding the requirements of 21 subparagraph (vi) of paragraph a of subdivision two of this section, 22 provide for the expenditure of an amount which shall be not less than 23 the amount approved by the commissioner in the contract for excellence 24 for the two thousand eleven--two thousand twelve school year and 25 provided further that, a school district that submitted a contract for 26 excellence for the two thousand twelve--two thousand thirteen school 27 year, unless all schools in the district are identified as in good 28 standing, shall submit a contract for excellence for the two thousand 29 thirteen--two thousand fourteen school year which shall, notwithstanding 30 the requirements of subparagraph (vi) of paragraph a of subdivision two 31 of this section, provide for the expenditure of an amount which shall be 32 not less than the amount approved by the commissioner in the contract 33 for excellence for the two thousand twelve--two thousand thirteen school 34 year and provided further that, a school district that submitted a 35 contract for excellence for the two thousand thirteen--two thousand 36 fourteen school year, unless all schools in the district are identified 37 as in good standing, shall submit a contract for excellence for the two 38 thousand fourteen--two thousand fifteen school year which shall, 39 notwithstanding the requirements of subparagraph (vi) of paragraph a of 40 subdivision two of this section, provide for the expenditure of an 41 amount which shall be not less than the amount approved by the commis- 42 sioner in the contract for excellence for the two thousand thirteen--two 43 thousand fourteen school year; and provided further that, a school 44 district that submitted a contract for excellence for the two thousand 45 fourteen--two thousand fifteen school year, unless all schools in the 46 district are identified as in good standing, shall submit a contract for 47 excellence for the two thousand fifteen--two thousand sixteen school 48 year which shall, notwithstanding the requirements of subparagraph (vi) 49 of paragraph a of subdivision two of this section, provide for the 50 expenditure of an amount which shall be not less than the amount 51 approved by the commissioner in the contract for excellence for the two 52 thousand fourteen--two thousand fifteen school year; and provided 53 further that a school district that submitted a contract for excellence 54 for the two thousand fifteen--two thousand sixteen school year, unless 55 all schools in the district are identified as in good standing, shall 56 submit a contract for excellence for the two thousand sixteen--two thou-S. 7506 5 A. 9506 1 sand seventeen school year which shall, notwithstanding the requirements 2 of subparagraph (vi) of paragraph a of subdivision two of this section, 3 provide for the expenditure of an amount which shall be not less than 4 the amount approved by the commissioner in the contract for excellence 5 for the two thousand fifteen--two thousand sixteen school year; and 6 provided further that, a school district that submitted a contract for 7 excellence for the two thousand sixteen--two thousand seventeen school 8 year, unless all schools in the district are identified as in good 9 standing, shall submit a contract for excellence for the two thousand 10 seventeen--two thousand eighteen school year which shall, notwithstand- 11 ing the requirements of subparagraph (vi) of paragraph a of subdivision 12 two of this section, provide for the expenditure of an amount which 13 shall be not less than the amount approved by the commissioner in the 14 contract for excellence for the two thousand sixteen--two thousand 15 seventeen school year; and provided further that a school district that 16 submitted a contract for excellence for the two thousand seventeen--two 17 thousand eighteen school year, unless all schools in the district are 18 identified as in good standing, shall submit a contract for excellence 19 for the two thousand eighteen--two thousand nineteen school year which 20 shall, notwithstanding the requirements of subparagraph (vi) of para- 21 graph a of subdivision two of this section, provide for the expenditure 22 of an amount which shall be not less than the amount approved by the 23 commissioner in the contract for excellence for the two thousand seven- 24 teen--two thousand eighteen school year. For purposes of this paragraph, 25 the "gap elimination adjustment percentage" shall be calculated as the 26 sum of one minus the quotient of the sum of the school district's net 27 gap elimination adjustment for two thousand ten--two thousand eleven 28 computed pursuant to chapter fifty-three of the laws of two thousand 29 ten, making appropriations for the support of government, plus the 30 school district's gap elimination adjustment for two thousand eleven-- 31 two thousand twelve as computed pursuant to chapter fifty-three of the 32 laws of two thousand eleven, making appropriations for the support of 33 the local assistance budget, including support for general support for 34 public schools, divided by the total aid for adjustment computed pursu- 35 ant to chapter fifty-three of the laws of two thousand eleven, making 36 appropriations for the local assistance budget, including support for 37 general support for public schools. Provided, further, that such amount 38 shall be expended to support and maintain allowable programs and activ- 39 ities approved in the two thousand nine--two thousand ten school year or 40 to support new or expanded allowable programs and activities in the 41 current year. 42 § 2. The education law is amended by adding a new section 210-d to 43 read as follows: 44 § 210-d. Data reporting requirements for graduate-level teacher and 45 educational leader programs. Each institution registered by the depart- 46 ment with graduate-level teacher and leader education programs shall 47 report to the department data in a form prescribed by the commissioner 48 regarding demographic data, on students participating in and completing 49 registered graduate-level teacher and educational leader programs. 50 § 3. Section 305 of the education law is amended by adding a new 51 subdivision 57 to read as follows: 52 57. The commissioner, in cooperation with the commissioner of the 53 division of human rights, shall establish and develop a respect for 54 diversity program within the department for the eighth and ninth grade. 55 Such program shall include but not be limited to age-appropriate model 56 curriculum, exemplar lesson plans, and best practice instructionalS. 7506 6 A. 9506 1 resources designed to promote awareness and respect for diversity, 2 including but not limited to respect for diversity of race, color, 3 weight, national origin, ethnic group, religion, religious practice, 4 disability, sexual orientation, gender, or sex. 5 § 4. The education law is amended by adding a new section 3614 to read 6 as follows: 7 § 3614. Statement of the total funding allocation. 1. Notwithstanding 8 any provision of law, rule or regulation to the contrary, commencing 9 with the two thousand eighteen--two thousand nineteen school year for 10 school districts located in a city with a population of more than one 11 hundred twenty-five thousand, and commencing with the two thousand nine- 12 teen--two thousand twenty school year for school districts containing at 13 least nine schools as reported in the school report card database 14 produced by the commissioner for the two thousand sixteen--two thousand 15 seventeen school year and which receive at least fifty percent of total 16 revenue from state aid as reported in the fiscal profiles master files 17 report produced by the commissioner concerning data on school district 18 expenditures and revenues for the two thousand fifteen--two thousand 19 sixteen school year, such school districts shall annually submit for the 20 approval of the commissioner and the director of the budget and shall 21 make publicly available and on the district website a detailed statement 22 of the total funding allocation for each school in the district for the 23 upcoming school budget year prior to the first day of such school year, 24 provided that: 25 a. Such statements shall be in a form developed by the commissioner 26 and approved by the director of the budget, provided that when preparing 27 statements districts shall adhere to and complete the prescribed form 28 accurately and fully. Provided, further, that each local educational 29 agency shall include in such statement the approach used to allocate 30 funds to each school and that such statement shall include but not be 31 limited to separate entries for each individual school, demographic data 32 for the school, per pupil funding level, source of funds, and uniform 33 decision rules regarding allocation of centralized spending to individ- 34 ual schools from both state and local funds. 35 b. The commissioner and director of the budget shall review and 36 approve or disapprove of such statement of the approach used to allocate 37 state and local funds, based on criteria which shall include but not be 38 limited to student need, per pupil funding, and total funding, provided 39 that no such approach shall use state or federal funds to supplant local 40 funds. 41 c. If the commissioner or director of the budget disapprove a school 42 district's spending statement, such school district shall be allowed to 43 submit a revised spending statement for approval. 44 d. Nothing in this subdivision shall alter or suspend statutory school 45 district budget and voting requirements. 46 2. Notwithstanding any inconsistent provision of law, no school 47 district subject to this section shall be eligible for an apportionment 48 of general support for public schools from the funds appropriated for 49 the current school year in excess of the amount apportioned to such 50 school district in the respective base year unless such school district 51 has submitted a statement for the current school year that has been 52 approved by the commissioner and the director of the budget as required 53 by subdivision one of this section. For purposes of this subdivision, 54 "base year" shall mean the base year as defined in paragraph b of subdi- 55 vision one of section thirty-six hundred two of this part, and "currentS. 7506 7 A. 9506 1 year" shall mean the current year as defined in paragraph a of subdivi- 2 sion one of section thirty-six hundred two of this part. 3 § 5. Paragraph b of subdivision 6-g of section 3602 of the education 4 law, as amended by section 11-a of part A of chapter 54 of the laws of 5 2016, is amended to read as follows: 6 b. The apportionment shall equal the product of (1) the sum of: 7 for aid payable for expenses incurred pursuant to subparagraph five of 8 paragraph (e) of subdivision three of section twenty-eight hundred 9 fifty-three of this chapter where the charter school prevails on appeal, 10 the annual approved expenses incurred by the city school district pursu- 11 ant to such subparagraph five multiplied by 12 (2) six-tenths, provided, however, that the apportionment payable 13 pursuant to this subdivision shall not exceed ten million dollars. 14 § 6. Clause (A) of subparagraph 5 of paragraph e of subdivision 3 of 15 section 2853 of the education law, as amended by section 11 of part A of 16 chapter 54 of the laws of 2016, is amended to read as follows: 17 (A) the actual rental cost, including but not limited to lease 18 payments, costs of capital improvements, costs of occupancy, maintenance 19 and repairs, utilities, custodial, security, insurance and real property 20 taxes, of an alternative privately owned site selected by the charter 21 school or 22 § 7. Paragraph (d) of subdivision 1 of section 2856 of the education 23 law, as amended by section 4 of part YYY of chapter 59 of the laws of 24 2017, is amended to read as follows: 25 (d) School districts shall be eligible for an annual apportionment 26 equal to the amount of the supplemental basic tuition for the charter 27 school in the base year for the expenses incurred in the two thousand 28 fourteen--two thousand fifteen, two thousand fifteen--two thousand 29 sixteen, two thousand sixteen--two thousand seventeen [school years], 30 and [thereafter] two thousand seventeen--two thousand eighteen school 31 years. School districts other than a school district located in a city 32 with a population of one million people or more shall be eligible for an 33 annual apportionment in the two thousand nineteen--two thousand twenty 34 school year and thereafter equal to the amount of the supplemental basic 35 tuition for the charter school in the base year. 36 § 8. Paragraph d of subdivision 1 of section 2856 of the education 37 law, as amended by section 4-a of part YYY of chapter 59 of the laws of 38 2017, is amended to read as follows: 39 (d) School districts shall be eligible for an annual apportionment 40 equal to the amount of the supplemental basic tuition for the charter 41 school in the base year for the expenses incurred in the two thousand 42 fourteen--two thousand fifteen, two thousand fifteen--two thousand 43 sixteen, two thousand sixteen--two thousand seventeen [school years], 44 and [thereafter] two thousand seventeen--two thousand eighteen school 45 years. School districts other than a school district located in a city 46 with a population of one million people or more shall be eligible for an 47 annual apportionment in the two thousand nineteen--two thousand twenty 48 school year and thereafter equal to the amount of the supplemental basic 49 tuition for the charter school in the base year. 50 § 9. Paragraph r of subdivision 1 of section 3602 of the education 51 law, as amended by section 11 of part B of chapter 57 of the laws of 52 2007, is amended to read as follows: 53 r. "Sparsity count", for districts operating a kindergarten through 54 grade twelve school program, shall mean the product of (i) the base year 55 public school enrollment of the district and (ii) the sparsity factor, 56 which shall mean the quotient, computed to three decimals without round-S. 7506 8 A. 9506 1 ing, of the positive remainder of twenty-five minus the enrollment per 2 square mile divided by fifty and nine tenths, but not less than zero. 3 Enrollment per square mile shall be the quotient, computed to two deci- 4 mals without rounding, of the public school enrollment of the school 5 district on the date enrollment was counted in accordance with this 6 subdivision for the base year divided by the square miles of the 7 district, as determined by the commissioner. 8 § 9-a. Subdivision 4 of section 3602 of the education law, as amended 9 by section 16-a of part YYY of chapter 59 of the laws of 2017, is 10 amended to read as follows: 11 4. Total foundation aid. In addition to any other apportionment pursu- 12 ant to this chapter, a school district, other than a special act school 13 district as defined in subdivision eight of section four thousand one of 14 this chapter, shall be eligible for total foundation aid equal to the 15 product of total aidable foundation pupil units multiplied by the 16 district's selected foundation aid, which shall be the greater of five 17 hundred dollars ($500) or foundation formula aid, provided, however that 18 for the two thousand seven--two thousand eight through two thousand 19 eight--two thousand nine school years, no school district shall receive 20 total foundation aid in excess of the sum of the total foundation aid 21 base for aid payable in the two thousand seven--two thousand eight 22 school year computed pursuant to subparagraph (i) of paragraph j of 23 subdivision one of this section, plus the phase-in foundation increase 24 computed pursuant to paragraph b of this subdivision, and provided 25 further that for the two thousand twelve--two thousand thirteen school 26 year, no school district shall receive total foundation aid in excess of 27 the sum of the total foundation aid base for aid payable in the two 28 thousand eleven--two thousand twelve school year computed pursuant to 29 subparagraph (ii) of paragraph j of subdivision one of this section, 30 plus the phase-in foundation increase computed pursuant to paragraph b 31 of this subdivision, and provided further that for the two thousand 32 thirteen--two thousand fourteen school year and thereafter, no school 33 district shall receive total foundation aid in excess of the sum of the 34 total foundation aid base computed pursuant to subparagraph (ii) of 35 paragraph j of subdivision one of this section, plus the phase-in foun- 36 dation increase computed pursuant to paragraph b of this subdivision, 37 and provided further that for the two thousand sixteen--two thousand 38 seventeen school year, no eligible school districts shall receive total 39 foundation aid in excess of the sum of the total foundation aid base 40 computed pursuant to subparagraph (ii) of paragraph j of subdivision one 41 of this section plus the sum of (A) the phase-in foundation increase, 42 (B) the executive foundation increase with a minimum increase pursuant 43 to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU- 44 NITY SCHOOLS AID" in the computer listing produced by the commissioner 45 in support of the executive budget request for the two thousand 46 sixteen--two thousand seventeen school year and entitled "BT161-7", 47 where (1) "eligible school district" shall be defined as a district with 48 (a) an unrestricted aid increase of less than seven percent (0.07) and 49 (b) a three year average free and reduced price lunch percent greater 50 than fifteen percent (0.15), and (2) "unrestricted aid increase" shall 51 mean the quotient arrived at when dividing (a) the sum of the executive 52 foundation aid increase plus the gap elimination adjustment for the base 53 year, by (b) the difference of foundation aid for the base year less the 54 gap elimination adjustment for the base year, and (3) "executive founda- 55 tion increase" shall mean the difference of (a) the amounts set forth 56 for each school district as "FOUNDATION AID" under the heading "2016-17S. 7506 9 A. 9506 1 ESTIMATED AIDS" in the school aid computer listing produced by the 2 commissioner in support of the executive budget request for the two 3 thousand sixteen--two thousand seventeen school year and entitled 4 "BT161-7" less (b) the amounts set forth for each school district as 5 "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS" in such 6 computer listing and provided further that total foundation aid shall 7 not be less than the product of the total foundation aid base computed 8 pursuant to paragraph j of subdivision one of this section and the due- 9 minimum percent which shall be, for the two thousand twelve--two thou- 10 sand thirteen school year, one hundred and six-tenths percent (1.006) 11 and for the two thousand thirteen--two thousand fourteen school year for 12 city school districts of those cities having populations in excess of 13 one hundred twenty-five thousand and less than one million inhabitants 14 one hundred and one and one hundred and seventy-six thousandths percent 15 (1.01176), and for all other districts one hundred and three-tenths 16 percent (1.003), and for the two thousand fourteen--two thousand fifteen 17 school year one hundred and eighty-five hundredths percent (1.0085), and 18 for the two thousand fifteen--two thousand sixteen school year, one 19 hundred thirty-seven hundredths percent (1.0037), subject to allocation 20 pursuant to the provisions of subdivision eighteen of this section and 21 any provisions of a chapter of the laws of New York as described there- 22 in, nor more than the product of such total foundation aid base and one 23 hundred fifteen percent for any school year other than the two thousand 24 seventeen--two thousand eighteen school year, provided, however, that 25 for the two thousand sixteen--two thousand seventeen school year such 26 maximum shall be no more than the sum of (i) the product of such total 27 foundation aid base and one hundred fifteen percent plus (ii) the execu- 28 tive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID" in the 29 computer listing produced by the commissioner in support of the execu- 30 tive budget request for the two thousand sixteen--two thousand seventeen 31 school year and entitled "BT161-7" and provided further that for the two 32 thousand nine--two thousand ten through two thousand eleven--two thou- 33 sand twelve school years, each school district shall receive total foun- 34 dation aid in an amount equal to the amount apportioned to such school 35 district for the two thousand eight--two thousand nine school year 36 pursuant to this subdivision. Total aidable foundation pupil units shall 37 be calculated pursuant to paragraph g of subdivision two of this 38 section. For the purposes of calculating aid pursuant to this subdivi- 39 sion, aid for the city school district of the city of New York shall be 40 calculated on a citywide basis. 41 a. Foundation formula aid. Foundation formula aid shall equal the 42 remainder when the expected minimum local contribution is subtracted 43 from the product of the foundation amount, the regional cost index, and 44 the pupil need index, or: (foundation amount x regional cost index x 45 pupil need index)-expected minimum local contribution. 46 (1) The foundation amount shall reflect the average per pupil cost of 47 general education instruction in successful school districts, as deter- 48 mined by a statistical analysis of the costs of special education and 49 general education in successful school districts, provided that the 50 foundation amount shall be adjusted annually to reflect the percentage 51 increase in the consumer price index as computed pursuant to section two 52 thousand twenty-two of this chapter, provided that for the two thousand 53 eight--two thousand nine school year, for the purpose of such adjust- 54 ment, the percentage increase in the consumer price index shall be 55 deemed to be two and nine-tenths percent (0.029), and provided further 56 that the foundation amount for the two thousand seven--two thousandS. 7506 10 A. 9506 1 eight school year shall be five thousand two hundred fifty-eight 2 dollars, and provided further that for the two thousand seven--two thou- 3 sand eight through two thousand seventeen--two thousand eighteen school 4 years, the foundation amount shall be further adjusted by the phase-in 5 foundation percent established pursuant to paragraph b of this subdivi- 6 sion. 7 (2) The regional cost index shall reflect an analysis of labor market 8 costs based on median salaries in professional occupations that require 9 similar credentials to those of positions in the education field, but 10 not including those occupations in the education field, provided that 11 the regional cost indices for the two thousand seven--two thousand eight 12 school year and thereafter shall be as follows: 13 Labor Force Region Index 14 Capital District 1.124 15 Southern Tier 1.045 16 Western New York 1.091 17 Hudson Valley 1.314 18 Long Island/NYC 1.425 19 Finger Lakes 1.141 20 Central New York 1.103 21 Mohawk Valley 1.000 22 North Country 1.000 23 (3) The pupil need index shall equal the sum of one plus the extraor- 24 dinary needs percent, provided, however, that the pupil need index shall 25 not be less than one nor more than two. The extraordinary needs percent 26 shall be calculated pursuant to paragraph w of subdivision one of this 27 section. 28 (4) The expected minimum local contribution shall equal the lesser of 29 (i) the product of (A) the quotient arrived at when the selected actual 30 valuation is divided by total wealth foundation pupil units, multiplied 31 by (B) the product of the local tax factor, multiplied by the income 32 wealth index, or (ii) the product of (A) the product of the foundation 33 amount, the regional cost index, and the pupil need index, multiplied by 34 (B) the positive difference, if any, of one minus the state sharing 35 ratio for total foundation aid. The local tax factor shall be estab- 36 lished by May first of each year by determining the product, computed to 37 four decimal places without rounding, of ninety percent multiplied by 38 the quotient of the sum of the statewide average tax rate as computed by 39 the commissioner for the current year in accordance with the provisions 40 of paragraph e of subdivision one of section thirty-six hundred nine-e 41 of this part plus the statewide average tax rate computed by the commis- 42 sioner for the base year in accordance with such provisions plus the 43 statewide average tax rate computed by the commissioner for the year 44 prior to the base year in accordance with such provisions, divided by 45 three, provided however that for the two thousand seven--two thousand 46 eight school year, such local tax factor shall be sixteen thousandths 47 (0.016), and provided further that for the two thousand eight--two thou- 48 sand nine school year, such local tax factor shall be one hundred 49 fifty-four ten thousandths (0.0154). The income wealth index shall be 50 calculated pursuant to paragraph d of subdivision three of this section, 51 provided, however, that for the purposes of computing the expected mini- 52 mum local contribution the income wealth index shall not be less than 53 sixty-five percent (0.65) and shall not be more than two hundred percent 54 (2.0) and provided however that such income wealth index shall not be 55 more than ninety-five percent (0.95) for the two thousand eight--two 56 thousand nine school year, and provided further that such income wealthS. 7506 11 A. 9506 1 index shall not be less than zero for the two thousand thirteen--two 2 thousand fourteen school year. The selected actual valuation shall be 3 calculated pursuant to paragraph c of subdivision one of this section. 4 Total wealth foundation pupil units shall be calculated pursuant to 5 paragraph h of subdivision two of this section. 6 b. Phase-in foundation increase. (1) The phase-in foundation increase 7 shall equal the product of the phase-in foundation increase factor 8 multiplied by the positive difference, if any, of (i) the product of the 9 total aidable foundation pupil units multiplied by the district's 10 selected foundation aid less (ii) the total foundation aid base computed 11 pursuant to paragraph j of subdivision one of this section. 12 (2) (i) Phase-in foundation percent. The phase-in foundation percent 13 shall equal one hundred thirteen and fourteen one hundredths percent 14 (1.1314) for the two thousand eleven--two thousand twelve school year, 15 one hundred ten and thirty-eight hundredths percent (1.1038) for the two 16 thousand twelve--two thousand thirteen school year, one hundred seven 17 and sixty-eight hundredths percent (1.0768) for the two thousand thir- 18 teen--two thousand fourteen school year, one hundred five and six 19 hundredths percent (1.0506) for the two thousand fourteen--two thousand 20 fifteen school year, and one hundred two and five tenths percent 21 (1.0250) for the two thousand fifteen--two thousand sixteen school year. 22 (ii) Phase-in foundation increase factor. For the two thousand 23 eleven--two thousand twelve school year, the phase-in foundation 24 increase factor shall equal thirty-seven and one-half percent (0.375) 25 and the phase-in due minimum percent shall equal nineteen and forty-one 26 hundredths percent (0.1941), for the two thousand twelve--two thousand 27 thirteen school year the phase-in foundation increase factor shall equal 28 one and seven-tenths percent (0.017), for the two thousand thirteen--two 29 thousand fourteen school year the phase-in foundation increase factor 30 shall equal (1) for a city school district in a city having a population 31 of one million or more, five and twenty-three hundredths percent 32 (0.0523) or (2) for all other school districts zero percent, for the two 33 thousand fourteen--two thousand fifteen school year the phase-in founda- 34 tion increase factor shall equal (1) for a city school district of a 35 city having a population of one million or more, four and thirty-two 36 hundredths percent (0.0432) or (2) for a school district other than a 37 city school district having a population of one million or more for 38 which (A) the quotient of the positive difference of the foundation 39 formula aid minus the foundation aid base computed pursuant to paragraph 40 j of subdivision one of this section divided by the foundation formula 41 aid is greater than twenty-two percent (0.22) and (B) a combined wealth 42 ratio less than thirty-five hundredths (0.35), seven percent (0.07) or 43 (3) for all other school districts, four and thirty-one hundredths 44 percent (0.0431), and for the two thousand fifteen--two thousand sixteen 45 school year the phase-in foundation increase factor shall equal: (1) for 46 a city school district of a city having a population of one million or 47 more, thirteen and two hundred seventy-four thousandths percent 48 (0.13274); or (2) for districts where the quotient arrived at when 49 dividing (A) the product of the total aidable foundation pupil units 50 multiplied by the district's selected foundation aid less the total 51 foundation aid base computed pursuant to paragraph j of subdivision one 52 of this section divided by (B) the product of the total aidable founda- 53 tion pupil units multiplied by the district's selected foundation aid is 54 greater than nineteen percent (0.19), and where the district's combined 55 wealth ratio is less than thirty-three hundredths (0.33), seven and 56 seventy-five hundredths percent (0.0775); or (3) for any other districtS. 7506 12 A. 9506 1 designated as high need pursuant to clause (c) of subparagraph two of 2 paragraph c of subdivision six of this section for the school aid 3 computer listing produced by the commissioner in support of the enacted 4 budget for the two thousand seven--two thousand eight school year and 5 entitled "SA0708", four percent (0.04); or (4) for a city school 6 district in a city having a population of one hundred twenty-five thou- 7 sand or more but less than one million, fourteen percent (0.14); or (5) 8 for school districts that were designated as small city school districts 9 or central school districts whose boundaries include a portion of a 10 small city for the school aid computer listing produced by the commis- 11 sioner in support of the enacted budget for the two thousand fourteen-- 12 two thousand fifteen school year and entitled "SA1415", four and seven 13 hundred fifty-one thousandths percent (0.04751); or (6) for all other 14 districts one percent (0.01), and for the two thousand sixteen--two 15 thousand seventeen school year the foundation aid phase-in increase 16 factor shall equal for an eligible school district the greater of: (1) 17 for a city school district in a city with a population of one million or 18 more, seven and seven hundred eighty four thousandths percent (0.07784); 19 or (2) for a city school district in a city with a population of more 20 than two hundred fifty thousand but less than one million as of the most 21 recent federal decennial census, seven and three hundredths percent 22 (0.0703); or (3) for a city school district in a city with a population 23 of more than two hundred thousand but less than two hundred fifty thou- 24 sand as of the most recent federal decennial census, six and seventy-two 25 hundredths percent (0.0672); or (4) for a city school district in a city 26 with a population of more than one hundred fifty thousand but less than 27 two hundred thousand as of the most recent federal decennial census, six 28 and seventy-four hundredths percent (0.0674); or (5) for a city school 29 district in a city with a population of more than one hundred twenty- 30 five thousand but less than one hundred fifty thousand as of the most 31 recent federal decennial census, nine and fifty-five hundredths percent 32 (0.0955); or (6) for school districts that were designated as small city 33 school districts or central school districts whose boundaries include a 34 portion of a small city for the school aid computer listing produced by 35 the commissioner in support of the enacted budget for the two thousand 36 fourteen--two thousand fifteen school year and entitled "SA141-5" with a 37 combined wealth ratio less than one and four tenths (1.4), nine percent 38 (0.09), provided, however, that for such districts that are also 39 districts designated as high need urban-suburban pursuant to clause (c) 40 of subparagraph two of paragraph c of subdivision six of this section 41 for the school aid computer listing produced by the commissioner in 42 support of the enacted budget for the two thousand seven--two thousand 43 eight school year and entitled "SA0708", nine and seven hundred and 44 nineteen thousandths percent (0.09719); or (7) for school districts 45 designated as high need rural pursuant to clause (c) of subparagraph two 46 of paragraph c of subdivision six of this section for the school aid 47 computer listing produced by the commissioner in support of the enacted 48 budget for the two thousand seven--two thousand eight school year and 49 entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for 50 school districts designated as high need urban-suburban pursuant to 51 clause (c) of subparagraph two of paragraph c of subdivision six of this 52 section for the school aid computer listing produced by the commissioner 53 in support of the enacted budget for the two thousand seven--two thou- 54 sand eight school year and entitled "SA0708", seven hundred nineteen 55 thousandths percent (0.00719); or (9) for all other eligible school 56 districts, forty-seven hundredths percent (0.0047), provided furtherS. 7506 13 A. 9506 1 that for the two thousand seventeen--two thousand eighteen school year 2 the foundation aid increase phase-in factor shall equal (1) for school 3 districts with a census 2000 poverty rate computed pursuant to paragraph 4 q of subdivision one of this section equal to or greater than twenty-six 5 percent (0.26), ten and three-tenths percent (0.103), or (2) for a 6 school district in a city with a population in excess of one million or 7 more, seventeen and seventy-seven one-hundredths percent (0.1777), or 8 (3) for a city school district in a city with a population of more than 9 two hundred fifty thousand but less than one million, as of the most 10 recent decennial census, twelve and sixty-nine hundredths percent 11 (0.1269) or (4) for a city school district in a city with a population 12 of more than one hundred fifty thousand but less than two hundred thou- 13 sand, as of the most recent federal decennial census, ten and seventy- 14 eight one hundredths percent (0.1078), or (5) for a city school district 15 in a city with a population of more than one hundred twenty-five thou- 16 sand but less than one hundred fifty thousand as of the most recent 17 federal decennial census, nineteen and one hundred eight one-thousandths 18 percent (0.19108), or (6) for a city school district in a city with a 19 population of more than two hundred thousand but less than two hundred 20 fifty thousand as of the most recent federal decennial census, ten and 21 six-tenths percent (0.106), or (7) for all other districts, four and 22 eighty-seven one-hundredths percent (0.0487), and for the two thousand 23 [eighteen] nineteen--two thousand [nineteen] twenty school year and 24 thereafter the commissioner shall annually determine the phase-in foun- 25 dation increase factor subject to allocation pursuant to the provisions 26 of subdivision eighteen of this section and any provisions of a chapter 27 of the laws of New York as described therein. 28 b-1. Notwithstanding any other provision of law to the contrary, for 29 the two thousand seven--two thousand eight school year and thereafter, 30 the additional amount payable to each school district pursuant to this 31 subdivision in the current year as total foundation aid, after deducting 32 the total foundation aid base, shall be deemed a state grant in aid 33 identified by the commissioner for general use for purposes of section 34 seventeen hundred eighteen of this chapter. 35 b-2. Due minimum for the two thousand sixteen--two thousand seventeen 36 school year. Notwithstanding any other provision of law to the contrary, 37 for the two thousand sixteen--two thousand seventeen school year the 38 total foundation aid shall not be less than the sum of the total founda- 39 tion aid base computed pursuant to paragraph j of subdivision one of 40 this section plus the due minimum for the two thousand sixteen--two 41 thousand seventeen school year, where such due minimum shall equal the 42 difference of (1) the product of (A) two percent (0.02) multiplied by 43 (B) the difference of total foundation aid for the base year less the 44 gap elimination adjustment for the base year, less (2) the sum of (A) 45 the difference of the amounts set forth for each school district as 46 "FOUNDATION AID" under the heading "2016-17 ESTIMATED AIDS" in the 47 school aid computer listing produced by the commissioner in support of 48 the executive budget request for the two thousand sixteen--two thousand 49 seventeen school year and entitled "BT161-7" less the amounts set forth 50 for each school district as "FOUNDATION AID" under the heading "2015-16 51 BASE YEAR AIDS" in such computer listing plus (B) the gap elimination 52 adjustment for the base year. 53 b-3. Due minimum for the two thousand seventeen--two thousand eighteen 54 school year. Notwithstanding any other provision of law to the contrary, 55 for the two thousand seventeen--two thousand eighteen school year the 56 total foundation aid shall not be less than (A) the sum of the totalS. 7506 14 A. 9506 1 foundation aid base computed pursuant to paragraph j of subdivision one 2 of this section plus the product of (i) the difference of the amount set 3 forth for such school district as "FOUNDATION AID" under the heading 4 "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by 5 the commissioner in support of the executive budget request for the two 6 thousand seventeen--two thousand eighteen school year and entitled 7 "BT171-8" less the amount set forth for such school district as "FOUNDA- 8 TION AID" under the heading "2016-17 BASE YEAR AIDS" in the school aid 9 computer listing produced by the commissioner in support of the execu- 10 tive budget request for the two thousand seventeen--two thousand eigh- 11 teen school year and entitled "BT171-8" multiplied by (ii) one and eigh- 12 teen one-hundredths (1.18), or (B) the product of forty-four and 13 seventy-five one-hundredths percent (0.4475) multiplied by total founda- 14 tion aid as computed pursuant to paragraph a of this subdivision, or (C) 15 the sum of the total foundation aid base computed pursuant to paragraph 16 j of subdivision one of this section plus the due minimum for the two 17 thousand seventeen--two thousand eighteen school year, where such due 18 minimum shall equal (1) for school districts with a census 2000 poverty 19 rate computed pursuant to paragraph q of subdivision one of this 20 section, equal to or greater than eleven and nine-tenths percent 21 (0.119), the product of the foundation aid base for the two thousand 22 seventeen--two thousand eighteen school year computed pursuant to 23 subparagraph (iii) of paragraph j of subdivision one of this section 24 multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2) 25 for all other school districts the product of the foundation aid base 26 for the two thousand seventeen--two thousand eighteen school year 27 computed pursuant to subparagraph (iii) of paragraph j of subdivision 28 one of this section multiplied by two and seventy-four one-hundredths 29 percent (0.0274). 30 b-4. Additional increase for the two thousand seventeen-two thousand 31 eighteen school year. For the two thousand seventeen-two thousand eigh- 32 teen school year, any school district eligible to receive a phase-in 33 foundation increase pursuant to this subdivision shall receive an addi- 34 tional foundation increase equal to the sum of tiers A, B, C, and D as 35 defined herein. 36 (i) Tier A. For all school districts other than a district within a 37 city with a population of one million or more, with a combined wealth 38 ratio less than two (2.0), where either (A) the quotient arrived at by 39 dividing the English language learner count pursuant to paragraph o of 40 subdivision one of this section for the base year by the public school 41 district enrollment for the base year pursuant to paragraph n of subdi- 42 vision one of this section is greater than two one-hundredths (0.02) or 43 (B) the quotient arrived at by dividing the difference of the English 44 language learner count pursuant to paragraph o of subdivision one of 45 this section for the base year less such count for one year prior to the 46 base year by the public school district enrollment for one year prior to 47 the base year pursuant to paragraph n of subdivision one of this section 48 is greater than one one-thousandth (0.001), tier A shall equal the prod- 49 uct of (A) the difference of two minus the combined wealth ratio multi- 50 plied by (B) one hundred dollars ($100.00) multiplied by (C) the English 51 language learner count for the base year. 52 (ii) Tier B. For any school district (A) where the amount set forth as 53 "25% LIMIT CAP ON INCREASE" on the computer file produced by the commis- 54 sioner in support of the enacted budget for the two thousand seven--two 55 thousand eight school year and entitled "SA070-8" is less than zero and 56 (B) with a combined wealth ratio computed pursuant to paragraph c ofS. 7506 15 A. 9506 1 subdivision three of this section greater than one (1.0), tier B shall 2 equal the product of (A) the sum of (1) the difference of total founda- 3 tion aid less the foundation aid base plus (2) the difference of the 4 amount set forth for such school district as "FOUNDATION AID" under the 5 heading "2017-18 ESTIMATED AIDS" in the school aid computer listing 6 produced by the commissioner in support of the executive budget request 7 and entitled "BT1718" less the foundation aid base multiplied by (B) ten 8 and two-tenths percent (0.102). 9 (iii) Tier C. For all school districts with a combined wealth ratio 10 for total foundation aid computed pursuant to paragraph c of subdivision 11 three of this section less than one (1.0), tier C shall be the greater 12 of (A) for districts that were designated as small city school districts 13 or central school districts whose boundaries include a portion of a 14 small city for the school aid computer listing produced by the commis- 15 sioner in support of the enacted budget for the two thousand fourteen-- 16 two thousand fifteen school year and entitled "SA1415", the product of 17 the public school district enrollment for the base year pursuant to 18 paragraph n of subdivision one of this section multiplied by one hundred 19 sixty-seven dollars and forty cents ($167.40) or (B) for school 20 districts with a sparsity factor as set forth on the computer listing 21 produced by the commissioner in support of the enacted budget for the 22 two thousand seventeen--two thousand eighteen school year and entitled 23 "SA171-8" of greater than zero, the product of the public school 24 district enrollment for the base year multiplied by one hundred eighty- 25 eight dollars ($188.00). 26 (iv) Tier D. For all school districts, other than districts within a 27 city with a population of one hundred twenty-five thousand or more, with 28 a selected poverty rate of greater than eighteen hundredths (0.18), tier 29 D shall equal the product of the selected poverty rate multiplied by the 30 school district public enrollment for the base year multiplied by two 31 hundred forty dollars ($240.00), provided, however, that for districts 32 within a city with a population of greater than one hundred twenty-five 33 thousand but less than one million and a selected poverty rate of great- 34 er than eighteen hundredths (0.18), tier D shall equal the product of 35 the selected poverty rate multiplied by school district public enroll- 36 ment for the base year multiplied by three hundred forty-four dollars 37 ($344.00), and for a city school district in a city with a population of 38 one million or more, tier D shall equal the product of the selected 39 poverty rate multiplied by school district public enrollment for the 40 base year multiplied by twenty-nine cents ($0.29). 41 c. Public excess cost aid setaside. Each school district shall set 42 aside from its total foundation aid computed for the current year pursu- 43 ant to this subdivision an amount equal to the product of: (i) the 44 difference between the amount the school district was eligible to 45 receive in the two thousand six--two thousand seven school year pursuant 46 to or in lieu of paragraph six of subdivision nineteen of this section 47 as such paragraph existed on June thirtieth, two thousand seven, minus 48 the amount such district was eligible to receive pursuant to or in lieu 49 of paragraph five of subdivision nineteen of this section as such para- 50 graph existed on June thirtieth, two thousand seven, in such school 51 year, and (ii) the sum of one and the percentage increase in the consum- 52 er price index for the current year over such consumer price index for 53 the two thousand six--two thousand seven school year, as computed pursu- 54 ant to section two thousand twenty-two of this chapter. Notwithstanding 55 any other provision of law to the contrary, the public excess cost aidS. 7506 16 A. 9506 1 setaside shall be paid pursuant to section thirty-six hundred nine-b of 2 this part. 3 d. For the two thousand fourteen--two thousand fifteen through two 4 thousand [seventeen] eighteen--two thousand [eighteen] nineteen school 5 years a city school district of a city having a population of one 6 million or more may use amounts apportioned pursuant to this subdivision 7 for afterschool programs. 8 e. Community schools aid set-aside. Each school district shall set 9 aside from its total foundation aid computed for the current year pursu- 10 ant to this subdivision an amount equal to the sum of (i) the amount, if 11 any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the 12 data file produced by the commissioner in support of the enacted budget 13 for the two thousand sixteen--two thousand seventeen school year and 14 entitled "SA161-7" [and], (ii) the amount, if any, set forth for such 15 district as "COMMUNITY SCHL INCR" in the data file produced by the 16 commissioner in support of the executive budget request for the two 17 thousand seventeen--two thousand eighteen school year and entitled 18 "BT171-8", and (iii) the amount, if any, set forth for such district as 19 "COMMUNITY SCHOOLS INCREASE" in the data file produced by the commis- 20 sioner in support of the executive budget for the two thousand eigh- 21 teen--two thousand nineteen school year and entitled "BT181-9". Each 22 school district shall use such "COMMUNITY SCHL AID (BT1617)" amount to 23 support the transformation of school buildings into community hubs to 24 deliver co-located or school-linked academic, health, mental health, 25 nutrition, counseling, legal and/or other services to students and their 26 families, including but not limited to providing a community school site 27 coordinator, or to support other costs incurred to maximize students' 28 academic achievement. Each school district shall use such "COMMUNITY 29 SCHL INCR" amount to support the transformation of school buildings into 30 community hubs to deliver co-located or school linked academic, health, 31 mental health services and personnel, after-school programming, dual 32 language programs, nutrition, counseling, legal and/or other services to 33 students and their families, including but not limited to providing a 34 community school site coordinator and programs for English language 35 learners, or to support other costs incurred to maximize students' 36 academic achievement, provided however that a school district whose 37 "COMMUNITY SCHL INCR" amount exceeds one million dollars ($1,000,000) 38 shall use an amount equal to the greater of one hundred fifty thousand 39 dollars ($150,000) or ten percent of such "COMMUNITY SCHL INCR" amount 40 to support such transformation at schools with extraordinary high levels 41 of student need as identified by the commissioner, subject to the 42 approval of the director of the budget. Each school district shall use 43 such "COMMUNITY SCHOOLS INCREASE" in the data file produced by the 44 commissioner in support of the executive budget for the two thousand 45 eighteen--two thousand nineteen school year and entitled "BT181-9" to 46 support the transformation of school buildings into community hubs to 47 deliver co-located or school linked academic, health, mental health 48 services and personnel, after-school programming, dual language 49 programs, nutrition, counseling, legal and/or other services to students 50 and their families, including but not limited to providing a community 51 school site coordinator and programs for English language learners. 52 f. Foundation aid payable in the two thousand eighteen--two thousand 53 nineteen school year. Notwithstanding any provision of law to the 54 contrary, foundation aid payable in the two thousand eighteen--two thou- 55 sand nineteen school year shall equal the sum of the foundation aid baseS. 7506 17 A. 9506 1 plus the base increase plus the community schools increase, as defined 2 in this paragraph. 3 (i) Base increase. The base increase for the two thousand eighteen-- 4 two thousand nineteen school year shall equal the greater of tiers A, B, 5 or C. 6 (A) Tier A. Tier A shall equal the product of the phase-in factor and 7 the positive difference, if any, of total foundation aid less the foun- 8 dation aid base. The phase-in factor shall equal, for a city school 9 district in a city having a population of one million or more, nine 10 thousand nine hundred five hundred thousandths (0.09905), and for all 11 other districts, the product of three hundred fifty-six ten thousandths 12 (0.0356) multiplied by a CWR sliding scale, where the CWR sliding scale 13 shall be equal to the positive difference, if any, of one and six 14 hundred sixteen thousandths (1.616) less the product of (a) one and one 15 thousand twenty-five ten thousandths (1.1025) multiplied by (b) the 16 combined wealth ratio for total foundation aid computed pursuant to 17 paragraph c of subdivision three of this section multiplied again by (c) 18 the combined wealth ratio for total foundation aid computed pursuant to 19 paragraph c of subdivision three of this section, provided that such 20 ratio shall be no more than one. 21 (B) Tier B. For districts with a combined wealth ratio for total foun- 22 dation aid computed pursuant to paragraph c of subdivision three of this 23 section less than one (1.0), Tier B shall be equal to the product of 24 district public enrollment for the base year pursuant to paragraph n of 25 subdivision one of this section multiplied by the sum of (I) the EN 26 percent base increase, (II) the EN percent sparsity increase, (III) the 27 EN percent growth increase, and (IV) the scaled per pupil amount. For 28 purposes of this subparagraph, the extraordinary needs index shall be 29 equal to a district's extraordinary needs percent calculated pursuant to 30 paragraph w of subdivision one of this section divided by five hundred 31 fifty-seven thousandths (0.557). 32 (I) EN percent base increase. For all school districts with an 33 extraordinary needs percent calculated pursuant to paragraph w of subdi- 34 vision one of this section greater than twenty-five hundredths (0.25), 35 the EN percent base increase shall be equal to the product of the 36 extraordinary needs index multiplied by thirty-two dollars and fifty 37 cents ($32.50). 38 (II) EN percent sparsity increase. For all school districts with an EN 39 percent base increase greater than zero and with a sparsity factor 40 pursuant to paragraph r of subdivision one of this section greater than 41 zero, the EN percent sparsity increase shall be equal to the product of 42 the extraordinary needs index multiplied by nine dollars and forty-two 43 cents ($9.42). 44 (III) EN percent growth increase. For all school districts with an EN 45 percent base increase greater than zero and where the extraordinary 46 needs percent calculated for the two thousand eighteen--two thousand 47 nineteen school year is more than three hundred twenty-five ten thou- 48 sandths (0.0325) greater than the extraordinary needs percent calculated 49 for the two thousand sixteen--two thousand seventeen school year, the EN 50 percent growth increase shall be equal to the product of the extraor- 51 dinary needs index multiplied by thirty dollars ($30.00). 52 (IV) Scaled per pupil amount. The scaled per pupil amount shall equal 53 for all school districts with a combined wealth ratio for total founda- 54 tion aid computed pursuant to paragraph c of subdivision three of this 55 section less than one (1.0), the product of sixty-nine dollars ($69.00) 56 multiplied by the positive difference, if any, of one and six hundredS. 7506 18 A. 9506 1 sixteen thousandths (1.616) less the product of (a) one and one thousand 2 twenty-five ten thousandths (1.1025) multiplied by (b) the combined 3 wealth ratio for total foundation aid computed pursuant to paragraph c 4 of subdivision three of this section multiplied again by (c) the 5 combined wealth ratio for total foundation aid computed pursuant to 6 paragraph c of subdivision three of this section, provided that such 7 ratio shall be no more than one. 8 (C) Tier C. For all school districts, tier C shall be equal to the 9 product of twenty-five ten thousandths (0.0025) multiplied by the foun- 10 dation aid base. 11 (ii) Community schools increase. The community schools increase for 12 the two thousand eighteen--two thousand nineteen school year shall equal 13 the greater of the community schools formula increase or the community 14 schools level-up increase. 15 (A) Community schools formula increase. For all eligible school 16 districts, the community schools formula increase shall equal the prod- 17 uct of (1) the difference of one (1.0) less the product of sixty-four 18 hundredths (0.64) multiplied by the combined wealth ratio for total 19 foundation aid, provided that such ratio shall be no more than nine 20 tenths (0.9) nor less than zero, multiplied by (2) eighty-three dollars 21 and seventeen cents ($83.17), multiplied by (3) school district public 22 enrollment for the base year pursuant to paragraph n of subdivision one 23 of this section, provided that the community schools formula increase 24 shall not be less than seventy-five thousand dollars ($75,000) for any 25 eligible districts. 26 (B) A school district shall be eligible for the community schools 27 formula increase if it is (i) a school district that contains at least 28 one school designated as failing or persistently failing by the commis- 29 sioner pursuant to paragraphs (a) or (b) of subdivision one of section 30 two hundred eleven-f of this chapter as of January first, two thousand 31 eighteen or (ii) a school district (1) that has a combined wealth ratio 32 for total foundation aid less than one (1.0), and (2) where the positive 33 difference, if any, of the English language learner count pursuant to 34 paragraph o of subdivision one of this section less the amount equal to 35 "2012-13 ENGLISH LANG. LEARNERS" in the computer listing produced by the 36 commissioner in support of the executive budget request for the two 37 thousand eighteen--two thousand nineteen school year entitled "BT181-9" 38 is greater than both (a) one hundred pupils and (b) the product of one- 39 tenth (0.10) multiplied by the amount equal to "2012-13 ENGLISH LANG. 40 LEARNERS" in the computer listing produced by the commissioner in 41 support of the executive budget request for the two thousand eighteen-- 42 two thousand nineteen school year and entitled "BT181-9", and (3) where 43 the quotient arrived at when dividing the English language learner count 44 by the base year public school district enrollment as computed pursuant 45 to subparagraph two of paragraph n of subdivision one of this section 46 exceeds five percent (0.05); or (iii) a school district where (1) the 47 quotient arrived at when dividing the amount equal to "2016-17 HOMELESS 48 PUPILS" in the computer listing produced by the commissioner in support 49 of the executive budget request for the two thousand eighteen--two thou- 50 sand nineteen school year entitled "BT181-9" by the amount equal to 51 "2012-13 HOMELESS PUPILS" in the computer listing produced by the 52 commissioner in support of the executive budget request for the two 53 thousand eighteen--two thousand nineteen school year entitled "BT181-9" 54 is greater than one and four tenths (1.4), and (2) the quotient arrived 55 at when dividing the amount equal to "2016-17 HOMELESS PUPILS" in the 56 computer listing produced by the commissioner in support of the execu-S. 7506 19 A. 9506 1 tive budget request for the two thousand eighteen--two thousand nineteen 2 school year entitled "BT181-9" by public school district enrollment as 3 computed pursuant to subparagraph two of paragraph n of subdivision one 4 of this section, for the year prior to the base year, is greater than 5 five hundredths (0.05), and (3) where the amount equal to "2016-17 HOME- 6 LESS PUPILS" in the computer listing produced by the commissioner in 7 support of the executive budget request for the two thousand eighteen-- 8 two thousand nineteen school year entitled "BT181-9" is greater than one 9 hundred pupils. 10 (B) Community schools level-up increase. For all school districts with 11 a community schools aid set-aside amount pursuant to paragraph e of this 12 subdivision greater than zero, the community schools level-up increase 13 shall be equal to the positive difference, if any, of (1) seventy-five 14 thousand dollars less (2) the community schools aid set-aside amount for 15 the two thousand seventeen--two thousand eighteen school year pursuant 16 to paragraph e of this subdivision. 17 § 9-b. Subdivision 6 of section 3602 of the education law is amended 18 by adding a new paragraph k to read as follows: 19 k. (1) Notwithstanding any inconsistent provision of law, for appor- 20 tionments provided in the two thousand nineteen-two thousand twenty 21 school year and thereafter, all apportionments otherwise payable pursu- 22 ant to this subdivision shall be further multiplied by the efficiency 23 factor as defined pursuant to this paragraph, provided, however, that 24 apportionments for projects for a city school district in a city having 25 a population of one million or more approved by the commissioner prior 26 to July first, two thousand eighteen shall not be subject to such effi- 27 ciency factor. 28 (2) Efficiency factor calculation. At the time of each data file 29 update pursuant to paragraph b of subdivision twenty-one of section 30 three hundred five of this chapter, beginning in the two thousand nine- 31 teen-two thousand twenty school year, the commissioner shall compute an 32 efficiency factor equal to the quotient arrived at when dividing (i) the 33 statewide sum of all such apportionments for the base year pursuant to 34 this subdivision multiplied by one and two one-hundredths (1.02) by (ii) 35 the statewide sum of all such apportionments otherwise payable for the 36 current year pursuant to this subdivision, provided, however, that such 37 efficiency factor shall not be more than one, and shall be deemed final 38 and not subject to change as of the update produced by the commissioner 39 pursuant to subdivision twenty-one of section three hundred five of this 40 chapter on November fifteenth of the school year immediately following 41 the close of such base year. 42 § 9-c. Section 1950 of the education law is amended by adding a new 43 subdivision 20 to read as follows: 44 20. Aid payable in the two thousand nineteen-two thousand twenty 45 school year and thereafter. Notwithstanding any inconsistent provision 46 of law, beginning in the two thousand nineteen-two thousand twenty 47 school year, a school district's apportionment pursuant to this section 48 shall not exceed the product of the apportionment calculated pursuant to 49 this section for the base year, as of the update produced by the commis- 50 sioner pursuant to subdivision twenty-one of section three hundred five 51 of this chapter on November fifteenth of the school year immediately 52 following the close of such base year, multiplied by one and two one- 53 hundredths (1.02). 54 § 9-d. Subdivision 7 of section 3602 of the education law is amended 55 by adding a new paragraph f to read as follows:S. 7506 20 A. 9506 1 f. Aid payable in the two thousand nineteen-two thousand twenty school 2 year and thereafter. Notwithstanding any inconsistent provision of law, 3 beginning in the two thousand nineteen-two thousand twenty school year, 4 a school district's apportionment pursuant to this subdivision shall not 5 exceed the product of the apportionment calculated pursuant to this 6 subdivision for the base year, as of the update produced by the commis- 7 sioner pursuant to subdivision twenty-one of section three hundred five 8 of this chapter on November fifteenth of the school year immediately 9 following the close of such base year, multiplied by one and two one- 10 hundredths (1.02). 11 § 10. The closing paragraph of subdivision 5-a of section 3602 of the 12 education law, as amended by section 22 of part YYY of chapter 59 of the 13 laws of 2017, is amended to read as follows: 14 For the two thousand eight--two thousand nine school year, each school 15 district shall be entitled to an apportionment equal to the product of 16 fifteen percent and the additional apportionment computed pursuant to 17 this subdivision for the two thousand seven--two thousand eight school 18 year. For the two thousand nine--two thousand ten through two thousand 19 [seventeen] eighteen--two thousand [eighteen] nineteen school years, 20 each school district shall be entitled to an apportionment equal to the 21 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS 22 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid 23 computer listing produced by the commissioner in support of the budget 24 for the two thousand nine--two thousand ten school year and entitled 25 "SA0910". 26 § 11. Paragraph b of subdivision 6-c of section 3602 of the education 27 law, as amended by section 23 of part YYY of chapter 59 of the laws of 28 2017, is amended to read as follows: 29 b. For projects approved by the commissioner authorized to receive 30 additional building aid pursuant to this subdivision for the purchase of 31 stationary metal detectors, security cameras or other security devices 32 approved by the commissioner that increase the safety of students and 33 school personnel, provided that for purposes of this paragraph such 34 other security devices shall be limited to electronic security systems 35 and hardened doors, and provided that for projects approved by the 36 commissioner on or after the first day of July two thousand thirteen and 37 before the first day of July two thousand [eighteen] nineteen such addi- 38 tional aid shall equal the product of (i) the building aid ratio 39 computed for use in the current year pursuant to paragraph c of subdivi- 40 sion six of this section plus ten percentage points, except that in no 41 case shall this amount exceed one hundred percent, and (ii) the actual 42 approved expenditures incurred in the base year pursuant to this subdi- 43 vision, provided that the limitations on cost allowances prescribed by 44 paragraph a of subdivision six of this section shall not apply, and 45 provided further that any projects aided under this paragraph must be 46 included in a district's school safety plan. The commissioner shall 47 annually prescribe a special cost allowance for metal detectors, and 48 security cameras, and the approved expenditures shall not exceed such 49 cost allowance. 50 § 12. Subdivision 9 of section 3602 of the education law is amended by 51 adding a new paragraph c to read as follows: 52 c. Notwithstanding the provisions of paragraph a of this subdivision, 53 school districts receiving an apportionment pursuant to paragraph a of 54 this subdivision in the two thousand eighteen--two thousand nineteen 55 school year shall be eligible for an apportionment in the two thousand 56 nineteen--two thousand twenty school year equal to the product of fiftyS. 7506 21 A. 9506 1 percent multiplied by the aid received by the district pursuant to para- 2 graph a of this subdivision in the two thousand eighteen--two thousand 3 nineteen school year. 4 § 13. Subdivision 12 of section 3602 of the education law, as amended 5 by section 3 of part A of chapter 56 of the laws of 2015, the fourth 6 undesignated paragraph as added by section 3 of part A of chapter 54 of 7 the laws of 2016, the closing paragraph as added by section 24 of part 8 YYY of chapter 59 of the laws of 2017, is amended to read as follows: 9 12. Academic enhancement aid. A school district that as of April first 10 of the base year has been continuously identified as a district in need 11 of improvement for at least five years shall, for the two thousand 12 eight--two thousand nine school year, be entitled to an additional 13 apportionment equal to the positive remainder, if any, of (a) the lesser 14 of fifteen million dollars or the product of the total foundation aid 15 base, as defined by paragraph j of subdivision one of this section, 16 multiplied by ten percent (0.10), less (b) the positive remainder of (i) 17 the sum of the total foundation aid apportioned pursuant to subdivision 18 four of this section and the supplemental educational improvement grants 19 apportioned pursuant to subdivision eight of section thirty-six hundred 20 forty-one of this article, less (ii) the total foundation aid base. 21 For the two thousand nine--two thousand ten through two thousand four- 22 teen--two thousand fifteen school years, each school district shall be 23 entitled to an apportionment equal to the amount set forth for such 24 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading 25 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by 26 the commissioner in support of the budget for the two thousand nine--two 27 thousand ten school year and entitled "SA0910", and such apportionment 28 shall be deemed to satisfy the state obligation to provide an apportion- 29 ment pursuant to subdivision eight of section thirty-six hundred forty- 30 one of this article. 31 For the two thousand fifteen--two thousand sixteen year, each school 32 district shall be entitled to an apportionment equal to the amount set 33 forth for such school district as "ACADEMIC ENHANCEMENT" under the head- 34 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced 35 by the commissioner in support of the budget for the two thousand four- 36 teen--two thousand fifteen school year and entitled "SA141-5", and such 37 apportionment shall be deemed to satisfy the state obligation to provide 38 an apportionment pursuant to subdivision eight of section thirty-six 39 hundred forty-one of this article. 40 For the two thousand sixteen--two thousand seventeen school year, each 41 school district shall be entitled to an apportionment equal to the 42 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 43 under the heading "2015-16 ESTIMATED AIDS" in the school aid computer 44 listing produced by the commissioner in support of the budget for the 45 two thousand fifteen--two thousand sixteen school year and entitled 46 "SA151-6", and such apportionment shall be deemed to satisfy the state 47 obligation to provide an apportionment pursuant to subdivision eight of 48 section thirty-six hundred forty-one of this article. 49 For the two thousand seventeen--two thousand eighteen school year, 50 each school district shall be entitled to an apportionment equal to the 51 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 52 under the heading "2016-17 ESTIMATED AIDS" in the school aid computer 53 listing produced by the commissioner in support of the budget for the 54 two thousand sixteen--two thousand seventeen school year and entitled 55 "SA161-7", and such apportionment shall be deemed to satisfy the stateS. 7506 22 A. 9506 1 obligation to provide an apportionment pursuant to subdivision eight of 2 section thirty-six hundred forty-one of this article. 3 For the two thousand eighteen--two thousand nineteen school year, each 4 school district shall be entitled to an apportionment equal to the 5 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 6 under the heading "2017-18 ESTIMATED AIDS" in the school aid computer 7 listing produced by the commissioner in support of the budget for the 8 two thousand seventeen--two thousand eighteen school year and entitled 9 "SA171-8", and such apportionment shall be deemed to satisfy the state 10 obligation to provide an apportionment pursuant to subdivision eight of 11 section thirty-six hundred forty-one of this article. 12 § 14. The opening paragraph of subdivision 16 of section 3602 of the 13 education law, as amended by section 25 of part YYY of chapter 59 of the 14 laws of 2017, is amended to read as follows: 15 Each school district shall be eligible to receive a high tax aid 16 apportionment in the two thousand eight--two thousand nine school year, 17 which shall equal the greater of (i) the sum of the tier 1 high tax aid 18 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 19 tax aid apportionment or (ii) the product of the apportionment received 20 by the school district pursuant to this subdivision in the two thousand 21 seven--two thousand eight school year, multiplied by the due-minimum 22 factor, which shall equal, for districts with an alternate pupil wealth 23 ratio computed pursuant to paragraph b of subdivision three of this 24 section that is less than two, seventy percent (0.70), and for all other 25 districts, fifty percent (0.50). Each school district shall be eligible 26 to receive a high tax aid apportionment in the two thousand nine--two 27 thousand ten through two thousand twelve--two thousand thirteen school 28 years in the amount set forth for such school district as "HIGH TAX AID" 29 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 30 listing produced by the commissioner in support of the budget for the 31 two thousand nine--two thousand ten school year and entitled "SA0910". 32 Each school district shall be eligible to receive a high tax aid appor- 33 tionment in the two thousand thirteen--two thousand fourteen through two 34 thousand [seventeen] eighteen--two thousand [eighteen] nineteen school 35 years equal to the greater of (1) the amount set forth for such school 36 district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in 37 the school aid computer listing produced by the commissioner in support 38 of the budget for the two thousand nine--two thousand ten school year 39 and entitled "SA0910" or (2) the amount set forth for such school 40 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 41 the school aid computer listing produced by the commissioner in support 42 of the executive budget for the 2013-14 fiscal year and entitled 43 "BT131-4". 44 § 15. The opening paragraph of subdivision 10 of section 3602-e of the 45 education law, as amended by section 26 of part YYY of chapter 59 of the 46 laws of 2017, is amended to read as follows: 47 Notwithstanding any provision of law to the contrary, (i) for aid 48 payable in the two thousand eight--two thousand nine school year, the 49 grant to each eligible school district for universal prekindergarten aid 50 shall be computed pursuant to this subdivision, and (ii) for the two 51 thousand nine--two thousand ten and two thousand ten--two thousand elev- 52 en school years, each school district shall be eligible for a maximum 53 grant equal to the amount computed for such school district for the base 54 year in the electronic data file produced by the commissioner in support 55 of the two thousand nine--two thousand ten education, labor and family 56 assistance budget, provided, however, that in the case of a districtS. 7506 23 A. 9506 1 implementing programs for the first time or implementing expansion 2 programs in the two thousand eight--two thousand nine school year where 3 such programs operate for a minimum of ninety days in any one school 4 year as provided in section 151-1.4 of the regulations of the commis- 5 sioner, for the two thousand nine--two thousand ten and two thousand 6 ten--two thousand eleven school years, such school district shall be 7 eligible for a maximum grant equal to the amount computed pursuant to 8 paragraph a of subdivision nine of this section in the two thousand 9 eight--two thousand nine school year, and (iii) for the two thousand 10 eleven--two thousand twelve school year each school district shall be 11 eligible for a maximum grant equal to the amount set forth for such 12 school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2011- 13 12 ESTIMATED AIDS" in the school aid computer listing produced by the 14 commissioner in support of the enacted budget for the 2011-12 school 15 year and entitled "SA111-2", and (iv) for two thousand twelve--two thou- 16 sand thirteen through two thousand sixteen--two thousand seventeen 17 school years each school district shall be eligible for a maximum grant 18 equal to the greater of (A) the amount set forth for such school 19 district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE 20 YEAR AIDS" in the school aid computer listing produced by the commis- 21 sioner in support of the enacted budget for the 2011-12 school year and 22 entitled "SA111-2", or (B) the amount set forth for such school district 23 as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR 24 AIDS" in the school aid computer listing produced by the commissioner on 25 May fifteenth, two thousand eleven pursuant to paragraph b of subdivi- 26 sion twenty-one of section three hundred five of this chapter, and (v) 27 for the two thousand seventeen--two thousand eighteen and two thousand 28 eighteen--two thousand nineteen school [year] years, each school 29 district shall be eligible to receive a grant amount equal to the sum of 30 (A) the amount set forth for such school district as "UNIVERSAL PREKIN- 31 DERGARTEN" under the heading "2016-17 ESTIMATED AIDS" in the school aid 32 computer listing produced by the commissioner in support of the enacted 33 budget for the two thousand sixteen--two thousand seventeen school year 34 and entitled "SA161-7" plus (B) the amount awarded to such school 35 district for the priority full-day prekindergarten and expanded half-day 36 prekindergarten grant program for high need students for the two thou- 37 sand sixteen--two thousand seventeen school year pursuant to chapter 38 fifty-three of the laws of two thousand thirteen, and (vi) for the two 39 thousand [eighteen] nineteen--two thousand [nineteen] twenty school 40 year, each school district shall be eligible to receive a grant amount 41 equal to the sum of (A) the amount set forth for such school district as 42 "UNIVERSAL PREKINDERGARTEN" in the school aid computer listing produced 43 by the commissioner in support of the enacted budget for the two thou- 44 sand [seventeen] eighteen--two thousand [eighteen] nineteen school year 45 plus (B) the amount awarded to such school district for the federal 46 preschool development expansion grant for the two thousand seventeen-- 47 two thousand eighteen school year pursuant to the American Recovery and 48 Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title 49 XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of 50 the Department of Defense and Full-Year Continuing Appropriations Act, 51 2011 (Pub. L. 112-10), and the Department of Education Appropriations 52 Act, 2012 (Title III Division F of Pub. L. 112-74, the Consolidated 53 Appropriations Act, 2012)[, and (vii) for the two thousand nineteen--two54thousand twenty school year, each school district shall be eligible to55receive a grant amount equal to the sum of (A) the amount set forth for56such school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on theS. 7506 24 A. 9506 1computer file produced by the commissioner in support of the enacted2budget for the two thousand eighteen--two thousand nineteen school year] 3 plus [(B)] (C) the amount awarded to such school district for the 4 expanded prekindergarten program for three and four year-olds for the 5 two thousand eighteen--two thousand nineteen school year pursuant to 6 chapter sixty-one of the laws of two thousand fifteen plus [(C)] (D) the 7 amount awarded to such school district for the expanded prekindergarten 8 for three-year-olds in high need districts program for the two thousand 9 eighteen--two thousand nineteen school year pursuant to chapter fifty- 10 three of the laws of two thousand sixteen plus [(D)] (E) the amount 11 awarded to such school district for the expanded prekindergarten program 12 for three- and four-year-olds for the two thousand eighteen--two thou- 13 sand nineteen school year pursuant to a chapter of the laws of two thou- 14 sand seventeen plus [(E)] (F) the amount awarded to such school 15 district, subject to an available appropriation, through the pre-kinder- 16 garten expansion grant for the two thousand eighteen--two thousand nine- 17 teen school year, provided that such school district has met all 18 requirements pursuant to this section, and [(viii)] (vii) for the two 19 thousand twenty--two thousand twenty-one school year and thereafter, 20 each school district shall be eligible to receive a grant amount equal 21 to the sum of (A) the amount set forth for such school district as 22 "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the computer file produced by 23 the commissioner in support of the enacted budget for the prior year 24 plus (B) the amount awarded to such school district, subject to an 25 available appropriation, through the pre-kindergarten expansion grant 26 for the prior year, provided that such school district has met all 27 requirements pursuant to this section, and provided further that the 28 maximum grant shall not exceed the total actual grant expenditures 29 incurred by the school district in the current school year as approved 30 by the commissioner. 31 § 16. Subparagraphs (ii) and (iii) of paragraph b of subdivision 10 of 32 section 3602-e of the education law, as amended by section 26 of part 33 YYY of chapter 59 of the laws of 2017, are amended to read as follows: 34 (ii) "Full-day prekindergarten pupils" shall equal: 35 For the two thousand seventeen--two thousand eighteen school year the 36 sum of, from the priority full-day prekindergarten program, (A) the 37 maximum aidable pupils such district was eligible to serve in the base 38 year plus (B) the maximum aidable number of half-day prekindergarten 39 pupils converted into a full-day prekindergarten pupil in the base year; 40 For the two thousand eighteen--two thousand nineteen school year the 41 sum of, from [each of (A)] the programs pursuant to this section [and42(B) the federal preschool development expansion grant, (1)], (A) the 43 maximum aidable full-day prekindergarten pupils such district was eligi- 44 ble to serve in the base year plus [(2)] (B) the maximum aidable number 45 of half-day prekindergarten pupils converted into a full-day prekinder- 46 garten pupil in the base year; 47 For the two thousand nineteen--two thousand twenty school year the sum 48 of, from each of (A) the programs pursuant to this section, (B) the 49 federal preschool development expansion grant, (C) the expanded prekin- 50 dergarten program, [(C)] (D) the expanded prekindergarten for three- 51 year-olds, [(D)] (E) the expanded prekindergarten program for three- and 52 four-year-olds, and [(E)] (F) the prekindergarten expansion grant, (1) 53 the maximum aidable full-day prekindergarten pupils such district was 54 eligible to serve in the base year, plus (2) the maximum aidable number 55 of half-day prekindergarten pupils converted into a full-day prekinder- 56 garten pupil in the base year;S. 7506 25 A. 9506 1 For the two thousand twenty--two thousand twenty-one school year and 2 thereafter the sum of, from each of (A) the programs pursuant to this 3 section and (B) the pre-kindergarten expansion grant, (1) the maximum 4 aidable full-day prekindergarten pupils such district was eligible to 5 serve in the base year, plus (2) the maximum aidable number of half-day 6 prekindergarten pupils converted into a full-day prekindergarten pupil 7 in the base year; 8 (iii) "Half-day prekindergarten pupils" shall equal: 9 For the two thousand seventeen--two thousand eighteen school year the 10 sum of the maximum aidable half-day prekindergarten pupils such district 11 was eligible to serve for the base year from (A) the program pursuant to 12 this section plus such pupils from (B) the priority full-day prekinder- 13 garten program, less the maximum aidable number of half-day prekinder- 14 garten pupils converted into a full-day prekindergarten pupil under the 15 priority full-day prekindergarten program for the base year; 16 For the two thousand eighteen--two thousand nineteen school year the 17 maximum aidable half-day prekindergarten pupils such district was eligi- 18 ble to serve for the base year from [(A) the program pursuant to this19section less (B) the maximum aidable number of half-day prekindergarten20pupils converted into a full-day prekindergarten pupil under the federal21preschool development expansion grant for the base year] the program 22 pursuant to this section; 23 For the two thousand nineteen--two thousand twenty school year the sum 24 of the maximum aidable half-day prekindergarten pupils such district was 25 eligible to serve for the base year from (A) the program pursuant to 26 this section plus such pupils from (B) the expanded prekindergarten 27 program plus such pupils from (C) the expanded prekindergarten for 28 three-year-olds plus such pupils from (D) the expanded prekindergarten 29 program for three- and four-year-olds plus such pupils from (E) the 30 prekindergarten expansion grant, less the sum of the maximum aidable 31 number of half-day prekindergarten pupils converted into a full-day 32 prekindergarten pupil under each of (1) the federal preschool expansion 33 grant for the base year plus such pupils from (2) the expanded prekin- 34 dergarten program plus such pupils from [(2)] (3) the expanded prekin- 35 dergarten for three-year-olds plus such pupils from [(3)] (4) the 36 expanded prekindergarten program for three- and four-year-olds plus such 37 pupils from [(4)] (5) the prekindergarten expansion grant for the base 38 year; 39 For the two thousand twenty--two thousand twenty-one school year and 40 thereafter the sum of the maximum aidable half-day prekindergarten 41 pupils such district was eligible to serve for the base year from (A) 42 the program pursuant to this section plus such pupils from (B) the pre- 43 kindergarten expansion grant, less the maximum aidable number of half- 44 day prekindergarten pupils converted into a full-day prekindergarten 45 pupil under the prekindergarten expansion grant for the base year; 46 § 17. The closing paragraph of paragraph b of subdivision 10 of 47 section 3602-e of the education law, as amended by section 26 of part 48 YYY of chapter 59 of the laws of 2017, is amended to read as follows: 49 For the purposes of this paragraph: 50 (A) "Priority full-day prekindergarten program" shall mean the priori- 51 ty full-day prekindergarten and expanded half-day prekindergarten grant 52 program for high need students pursuant to chapter fifty-three of the 53 laws of two thousand thirteen; 54 (B)"Federal preschool development expansion grant" shall mean the 55 federal preschool development expansion grant pursuant to the American 56 Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, andS. 7506 26 A. 9506 1 14013, Title XIV, (Public Law 112-10), as amended by section 1832(b) of 2 Division B of the Department of Defense and Full-Year Continuing Appro- 3 priations Act, 2011 (Pub. L. 112-10), and the Department of Education 4 Appropriations Act, 2012 (Title III Division F of Pub. L. 112-74, the 5 Consolidated Appropriations Act, 2012); 6 (C) "Expanded prekindergarten program" shall mean the expanded prekin- 7 dergarten program for three- and four year-olds pursuant to chapter 8 sixty-one of the laws of two thousand fifteen; 9 (D) "Expanded prekindergarten for three-year-olds" shall mean the 10 expanded prekindergarten for three-year-olds in high need districts 11 program pursuant to chapter fifty-three of the laws of two thousand 12 sixteen; 13 (E) "Expanded prekindergarten program for three- and four-year-olds" 14 shall mean the expanded prekindergarten program for three- and four- 15 year-olds pursuant to a chapter of the laws of two thousand seventeen; 16 (F) "Prekindergarten expansion grant" shall mean the prekindergarten 17 expansion grant for the two thousand eighteen--two thousand nineteen 18 school year and thereafter, pursuant to subdivision eighteen of this 19 section, to the extent such program was available subject to appropri- 20 ation, and provided that such school district has met all requirements 21 pursuant to this section. 22 § 18. Subdivision 11 of section 3602-e of the education law, as 23 amended by section 27 of part YYY of chapter 59 of the laws of 2017, is 24 amended to read as follows: 25 11. Maintenance of effort reduction. Where a school district's current 26 year prekindergarten pupils served is less than its prekindergarten 27 maintenance of effort base, the school district shall have its current 28 year apportionment [reduced by] equal to the product of the maintenance 29 of effort factor computed in paragraph b of subdivision ten of this 30 section multiplied by the grant amount it was eligible to receive pursu- 31 ant to subdivision ten of this section. 32 § 19. Subdivision 16 of section 3602-ee of the education law, as 33 amended by section 31 of part YYY of chapter 59 of the laws of 2017, is 34 amended to read as follows: 35 16. The authority of the department to administer the universal full- 36 day pre-kindergarten program shall expire June thirtieth, two thousand 37 [eighteen] nineteen; provided that the program shall continue and remain 38 in full effect. 39 § 20. Paragraph a of subdivision 5 of section 3604 of the education 40 law, as amended by chapter 161 of the laws of 2005, is amended to read 41 as follows: 42 a. State aid adjustments. All errors or omissions in the apportionment 43 shall be corrected by the commissioner. Whenever a school district has 44 been apportioned less money than that to which it is entitled, the 45 commissioner may allot to such district the balance to which it is enti- 46 tled. Whenever a school district has been apportioned more money than 47 that to which it is entitled, the commissioner may, by an order, direct 48 such moneys to be paid back to the state to be credited to the general 49 fund local assistance account for state aid to the schools, or may 50 deduct such amount from the next apportionment to be made to said 51 district, provided, however, that, upon notification of excess payments 52 of aid for which a recovery must be made by the state through deduction 53 of future aid payments, a school district may request that such excess 54 payments be recovered by deducting such excess payments from the 55 payments due to such school district and payable in the month of June in 56 (i) the school year in which such notification was received and (ii) theS. 7506 27 A. 9506 1 two succeeding school years, provided further that there shall be no 2 interest penalty assessed against such district or collected by the 3 state. Such request shall be made to the commissioner in such form as 4 the commissioner shall prescribe, and shall be based on documentation 5 that the total amount to be recovered is in excess of one percent of the 6 district's total general fund expenditures for the preceding school 7 year. The amount to be deducted in the first year shall be the greater 8 of (i) the sum of the amount of such excess payments that is recognized 9 as a liability due to other governments by the district for the preced- 10 ing school year and the positive remainder of the district's unreserved 11 fund balance at the close of the preceding school year less the product 12 of the district's total general fund expenditures for the preceding 13 school year multiplied by five percent, or (ii) one-third of such excess 14 payments. The amount to be recovered in the second year shall equal the 15 lesser of the remaining amount of such excess payments to be recovered 16 or one-third of such excess payments, and the remaining amount of such 17 excess payments shall be recovered in the third year. Provided further 18 that, notwithstanding any other provisions of this subdivision, any 19 pending payment of moneys due to such district as a prior year adjust- 20 ment payable pursuant to paragraph c of this subdivision for aid claims 21 that had been previously paid as current year aid payments in excess of 22 the amount to which the district is entitled and for which recovery of 23 excess payments is to be made pursuant to this paragraph, shall be 24 reduced at the time of actual payment by any remaining unrecovered 25 balance of such excess payments, and the remaining scheduled deductions 26 of such excess payments pursuant to this paragraph shall be reduced by 27 the commissioner to reflect the amount so recovered. [The commissioner28shall certify no payment to a school district based on a claim submitted29later than three years after the close of the school year in which such30payment was first to be made. For claims for which payment is first to31be made in the nineteen hundred ninety-six--ninety-seven school year,32the commissioner shall certify no payment to a school district based on33a claim submitted later than two years after the close of such school34year.] For claims for which payment is first to be made [in the nineteen35hundred ninety-seven--ninety-eight] prior to the two thousand seven- 36 teen--two thousand eighteen school year [and thereafter], the commis- 37 sioner shall certify no payment to a school district based on a claim 38 submitted later than one year after the close of such school year. For 39 claims for which payment is first to be made in the two thousand seven- 40 teen--two thousand eighteen school year and thereafter, the commissioner 41 shall certify no payment to a school district based on a claim submitted 42 later than the first of November of such school year. Provided, however, 43 no payments shall be barred or reduced where such payment is required as 44 a result of a final audit of the state. [It is further provided that,45until June thirtieth, nineteen hundred ninety-six, the commissioner may46grant a waiver from the provisions of this section for any school47district if it is in the best educational interests of the district48pursuant to guidelines developed by the commissioner and approved by the49director of the budget.] Further provided that for any apportionments 50 provided pursuant to sections seven hundred one, seven hundred eleven, 51 seven hundred fifty-one, seven hundred fifty-three, nineteen hundred 52 fifty, thirty-six hundred two, thirty-six hundred two-b, thirty-six 53 hundred two-c, thirty-six hundred two-e and forty-four hundred five of 54 this chapter for the two thousand seventeen--two thousand eighteen and 55 two thousand eighteen--two thousand nineteen school years, the commis- 56 sioner shall certify no payment to a school district, other thanS. 7506 28 A. 9506 1 payments pursuant to subdivisions six-a, eleven, thirteen and fifteen of 2 section thirty-six hundred two of this part, in excess of the payment 3 computed based on an electronic data file used to produce the school aid 4 computer listing produced by the commissioner in support of the execu- 5 tive budget request submitted for the two thousand eighteen--two thou- 6 sand nineteen state fiscal year and entitled "BT181-9", and further 7 provided that for any apportionments provided pursuant to sections seven 8 hundred one, seven hundred eleven, seven hundred fifty-one, seven 9 hundred fifty-three, nineteen hundred fifty, thirty-six hundred two, 10 thirty-six hundred two-b, thirty-six hundred two-c, thirty-six hundred 11 two-e and forty-four hundred five of this chapter for the two thousand 12 nineteen--two thousand twenty school year and thereafter, the commis- 13 sioner shall certify no payment to a school district, other than 14 payments pursuant to subdivisions six-a, eleven, thirteen and fifteen of 15 section thirty-six hundred two of this part, in excess of the payment 16 computed based on an electronic data file used to produce the school aid 17 computer listing produced by the commissioner in support of the execu- 18 tive budget request submitted for the state fiscal year in which the 19 school year commences. 20 § 21. The opening paragraph of section 3609-a of the education law, as 21 amended by section 33 of part YYY of chapter 59 of the laws of 2017, is 22 amended to read as follows: 23 For aid payable in the two thousand seven--two thousand eight school 24 year through the two thousand seventeen--two thousand eighteen school 25 year, "moneys apportioned" shall mean the lesser of (i) the sum of one 26 hundred percent of the respective amount set forth for each school 27 district as payable pursuant to this section in the school aid computer 28 listing for the current year produced by the commissioner in support of 29 the budget which includes the appropriation for the general support for 30 public schools for the prescribed payments and individualized payments 31 due prior to April first for the current year plus the apportionment 32 payable during the current school year pursuant to subdivision six-a and 33 subdivision fifteen of section thirty-six hundred two of this part minus 34 any reductions to current year aids pursuant to subdivision seven of 35 section thirty-six hundred four of this part or any deduction from 36 apportionment payable pursuant to this chapter for collection of a 37 school district basic contribution as defined in subdivision eight of 38 section forty-four hundred one of this chapter, less any grants provided 39 pursuant to subparagraph two-a of paragraph b of subdivision four of 40 section ninety-two-c of the state finance law, less any grants provided 41 pursuant to subdivision six of section ninety-seven-nnnn of the state 42 finance law, less any grants provided pursuant to subdivision twelve of 43 section thirty-six hundred forty-one of this article, or (ii) the appor- 44 tionment calculated by the commissioner based on data on file at the 45 time the payment is processed; provided however, that for the purposes 46 of any payments made pursuant to this section prior to the first busi- 47 ness day of June of the current year, moneys apportioned shall not 48 include any aids payable pursuant to subdivisions six and fourteen, if 49 applicable, of section thirty-six hundred two of this part as current 50 year aid for debt service on bond anticipation notes and/or bonds first 51 issued in the current year or any aids payable for full-day kindergarten 52 for the current year pursuant to subdivision nine of section thirty-six 53 hundred two of this part. The definitions of "base year" and "current 54 year" as set forth in subdivision one of section thirty-six hundred two 55 of this part shall apply to this section. [For aid payable in the two56thousand seventeen--two thousand eighteen school year, reference to suchS. 7506 29 A. 9506 1"school aid computer listing for the current year" shall mean the print-2outs entitled "SA171-8"] For aid payable in the two thousand eighteen-- 3 two thousand nineteen school year and thereafter, "moneys apportioned" 4 shall mean the lesser of: (i) the sum of one hundred percent of the 5 respective amount set forth for each school district as payable pursuant 6 to this section in the school aid computer listing for the current year 7 produced by the commissioner in support of the executive budget request 8 which includes the appropriation for the general support for public 9 schools for the prescribed payments and individualized payments due 10 prior to April first for the current year plus the apportionment payable 11 during the current school year pursuant to subdivisions six-a and 12 fifteen of section thirty-six hundred two of this part minus any 13 reductions to current year aids pursuant to subdivision seven of section 14 thirty-six hundred four of this part or any deduction from apportionment 15 payable pursuant to this chapter for collection of a school district 16 basic contribution as defined in subdivision eight of section forty-four 17 hundred one of this chapter, less any grants provided pursuant to 18 subparagraph two-a of paragraph b of subdivision four of section nine- 19 ty-two-c of the state finance law, less any grants provided pursuant to 20 subdivision six of section ninety-seven-nnnn of the state finance law, 21 less any grants provided pursuant to subdivision twelve of section thir- 22 ty-six hundred forty-one of this article, or (ii) the apportionment 23 calculated by the commissioner based on data on file at the time the 24 payment is processed; provided however, that for the purposes of any 25 payments made pursuant to this section prior to the first business day 26 of June of the current year, moneys apportioned shall not include any 27 aids payable pursuant to subdivisions six and fourteen, if applicable, 28 of section thirty-six hundred two of this part as current year aid for 29 debt service on bond anticipation notes and/or bonds first issued in the 30 current year or any aids payable for full-day kindergarten for the 31 current year pursuant to subdivision nine of section thirty-six hundred 32 two of this part. For aid payable in the two thousand eighteen--two 33 thousand nineteen school year, reference to such "school aid computer 34 listing for the current year" shall mean the printouts entitled 35 "BT181-9". 36 § 22. Paragraph b of subdivision 2 of section 3612 of the education 37 law, as amended by section 34 of part YYY of chapter 59 of the laws of 38 2017, is amended to read as follows: 39 b. Such grants shall be awarded to school districts, within the limits 40 of funds appropriated therefor, through a competitive process that takes 41 into consideration the magnitude of any shortage of teachers in the 42 school district, the number of teachers employed in the school district 43 who hold temporary licenses to teach in the public schools of the state, 44 the number of provisionally certified teachers, the fiscal capacity and 45 geographic sparsity of the district, the number of new teachers the 46 school district intends to hire in the coming school year and the number 47 of summer in the city student internships proposed by an eligible school 48 district, if applicable. Grants provided pursuant to this section shall 49 be used only for the purposes enumerated in this section. Notwithstand- 50 ing any other provision of law to the contrary, a city school district 51 in a city having a population of one million or more inhabitants receiv- 52 ing a grant pursuant to this section may use no more than eighty percent 53 of such grant funds for any recruitment, retention and certification 54 costs associated with transitional certification of teacher candidates 55 for the school years two thousand one--two thousand two through two 56 thousand [seventeen] eighteen--two thousand [eighteen] nineteen.S. 7506 30 A. 9506 1 § 23. Subdivision 6 of section 4402 of the education law, as amended 2 by section 35 of part YYY of chapter 59 of the laws of 2017, is amended 3 to read as follows: 4 6. Notwithstanding any other law, rule or regulation to the contrary, 5 the board of education of a city school district with a population of 6 one hundred twenty-five thousand or more inhabitants shall be permitted 7 to establish maximum class sizes for special classes for certain 8 students with disabilities in accordance with the provisions of this 9 subdivision. For the purpose of obtaining relief from any adverse fiscal 10 impact from under-utilization of special education resources due to low 11 student attendance in special education classes at the middle and 12 secondary level as determined by the commissioner, such boards of educa- 13 tion shall, during the school years nineteen hundred ninety-five--nine- 14 ty-six through June thirtieth, two thousand [eighteen] nineteen of the 15 two thousand [seventeen] eighteen--two thousand [eighteen] nineteen 16 school year, be authorized to increase class sizes in special classes 17 containing students with disabilities whose age ranges are equivalent to 18 those of students in middle and secondary schools as defined by the 19 commissioner for purposes of this section by up to but not to exceed one 20 and two tenths times the applicable maximum class size specified in 21 regulations of the commissioner rounded up to the nearest whole number, 22 provided that in a city school district having a population of one 23 million or more, classes that have a maximum class size of fifteen may 24 be increased by no more than one student and provided that the projected 25 average class size shall not exceed the maximum specified in the appli- 26 cable regulation, provided that such authorization shall terminate on 27 June thirtieth, two thousand. Such authorization shall be granted upon 28 filing of a notice by such a board of education with the commissioner 29 stating the board's intention to increase such class sizes and a certif- 30 ication that the board will conduct a study of attendance problems at 31 the secondary level and will implement a corrective action plan to 32 increase the rate of attendance of students in such classes to at least 33 the rate for students attending regular education classes in secondary 34 schools of the district. Such corrective action plan shall be submitted 35 for approval by the commissioner by a date during the school year in 36 which such board increases class sizes as provided pursuant to this 37 subdivision to be prescribed by the commissioner. Upon at least thirty 38 days notice to the board of education, after conclusion of the school 39 year in which such board increases class sizes as provided pursuant to 40 this subdivision, the commissioner shall be authorized to terminate such 41 authorization upon a finding that the board has failed to develop or 42 implement an approved corrective action plan. 43 § 24. Section 4408 of the education law, as amended by chapter 82 of 44 the laws of 1995, subdivision 1 as amended by section 32 of part A-1 of 45 chapter 58 of the laws of 2006, subdivision 3 as amended by section 59 46 and subdivision 5 as amended by section 60 of part A of chapter 58 of 47 the laws of 2011, is amended to read as follows: 48 § 4408. Payment for July and August programs for students with disa- 49 bilities. 1. State aid. The commissioner shall make payments for 50 approved July and August programs for students with disabilities in 51 accordance with this section in an amount equal to the sum of the 52 tuition state payment amount pursuant to subdivision five of this 53 section, plus the product of eighty percent [of] multiplied by the sum 54 of the [approved tuition and] maintenance rates and the transportation 55 expense for the current year enrollment of students with disabilities 56 ages five through twenty-one or students eligible for services duringS. 7506 31 A. 9506 1 July and August pursuant to article eighty-five, eighty-seven or eight- 2 y-eight of this chapter, where such costs are determined pursuant to 3 section forty-four hundred five of this article, provided that the 4 placement of such students was approved by the commissioner, if 5 required. Such programs shall operate for six weeks and shall be funded 6 for thirty days of service, provided, however, that the observance of 7 the legal holiday for Independence day may constitute a day of service. 8 Upon certification by the school district in which the student resides, 9 that such services were provided, such payment shall be made to the 10 provider of such services, in accordance with the provisions of subdivi- 11 sion three of this section. 12 2. Chargeback to a municipality. Ten percent of the approved cost of 13 July and August services provided pursuant to this section for each 14 student shall be a charge against the municipality in which the parent, 15 or person in parental relationship to such student, resided on July 16 first of the school year in which such services were provided. The comp- 17 troller shall deduct from any state funds which become due to a munici- 18 pality an amount equal to such ten percent required in accordance with 19 this subdivision which amount shall be credited to the local assistance 20 account of the state education department as designated by the division 21 of the budget. 22 3. Payment schedule. For aid payable in the two thousand six--two 23 thousand seven school year and thereafter, moneys appropriated annually 24 to the department from the general fund - local assistance account under 25 the office of prekindergarten through grade twelve education program for 26 July and August programs for students with disabilities, shall be used 27 as follows: (i) for remaining base year and prior school years obli- 28 gations, (ii) for the purposes of subdivision four of this section for 29 schools operated under articles eighty-seven and eighty-eight of this 30 [chapter] title, and (iii) notwithstanding any inconsistent provisions 31 of this chapter, for payments made pursuant to this section for current 32 school year obligations, provided, however, that such payments shall not 33 exceed seventy percent of the state aid due for the sum of the approved 34 tuition and maintenance rates and transportation expense provided for 35 herein; provided, however, that payment of eligible claims shall be 36 payable in the order that such claims have been approved for payment by 37 the commissioner, but in no case shall a single payee draw down more 38 than forty-five percent of the appropriation provided for the purposes 39 of this section, and provided further that no claim shall be set aside 40 for insufficiency of funds to make a complete payment, but shall be 41 eligible for a partial payment in one year and shall retain its priority 42 date status for appropriations provided for this section in future 43 years. 44 4. Of the amount so appropriated to the department for the July and 45 August programs for schools operated under articles eighty-seven and 46 eighty-eight of this [chapter] title, an amount shall be transferred to 47 the special revenue funds - other, Batavia school for the blind and Rome 48 school for the deaf accounts, pursuant to a plan to be developed by the 49 commissioner and approved by the director of the budget for students 50 with disabilities attending July and August programs pursuant to this 51 section at such schools pursuant to such articles. Such amount shall be 52 determined by the tuition and maintenance rates and the total number of 53 students with disabilities approved by the commissioner for placement 54 for the July and August program. The commissioner shall establish the 55 methodology for computation of such tuition and maintenance rates for 56 each school which shall take into account all pertinent expendituresS. 7506 32 A. 9506 1 including administration, direct care staff, nondirect care staff and 2 other than personal service costs. 3 5. [State share] Tuition state payment amount. a. For school years 4 commencing prior to July first, two thousand eighteen, the tuition state 5 payment amount shall be eighty percent of the sum of such approved 6 tuition expense. 7 b. For school years commencing on or after July first, two thousand 8 eighteen, the tuition state payment amount shall be equal to (i) for 9 students placed pursuant to section thirty-two hundred two and articles 10 eighty-five, eighty-seven, and eighty-eight of this title, eighty 11 percent of such tuition expense, or (ii) for all other students, such 12 approved tuition expense multiplied by the state sharing ratio for 13 public high cost excess cost aid computed pursuant to subdivision five 14 of section thirty-six hundred two of this chapter, but shall not be less 15 than one quarter (0.25) nor more than nine tenths (0.9). 16 c. Nothing in this subdivision shall be construed to alter the charge- 17 back to the municipality requirement pursuant to subdivision two of this 18 section. 19 6. Medicaid adjustment. In accordance with the provisions of subpara- 20 graph four of paragraph b of subdivision one of section thirty-six 21 hundred nine-a of this chapter for services provided during the two 22 thousand eight--two thousand nine and prior school years, any moneys due 23 the school district shall be reduced by an amount equal to fifty percent 24 of any federal participation, pursuant to title XIX of the social secu- 25 rity act, in special education programs provided pursuant to this 26 section. For services provided during the two thousand nine--two thou- 27 sand ten school year and thereafter, or for services provided in a prior 28 school year that were not reimbursed by the state on or before April 29 first, two thousand eleven, such state share shall be designated and 30 transferred pursuant to section thirty-six hundred nine-b of this chap- 31 ter. 32 [6.] 7. Notwithstanding any other provision of law to the contrary, no 33 payments shall be made by the commissioner pursuant to this section on 34 or after July first, nineteen hundred ninety-six based on a claim 35 submitted later than three years after the end of the school year in 36 which services were rendered, provided however that no payment shall be 37 barred or reduced where such payment is required as a result of a court 38 order or judgment or a final audit. 39 § 25. Subdivision b of section 2 of chapter 756 of the laws of 1992, 40 relating to funding a program for work force education conducted by the 41 consortium for worker education in New York city, as amended by section 42 44 of part YYY of chapter 59 of the laws of 2017, is amended to read as 43 follows: 44 b. Reimbursement for programs approved in accordance with subdivision 45 a of this section for the 2015--2016 school year shall not exceed 60.7 46 percent of the lesser of such approvable costs per contact hour or thir- 47 teen dollars and forty cents per contact hour, reimbursement for the 48 2016--2017 school year shall not exceed 60.3 percent of the lesser of 49 such approvable costs per contact hour or thirteen dollars ninety cents 50 per contact hour, [and] reimbursement for the 2017--2018 school year 51 shall not exceed 60.4 percent of the lesser of such approvable costs per 52 contact hour or thirteen dollars and ninety cents per contact hour, and 53 reimbursement for the 2018--2019 school year shall not exceed 59.4 54 percent of the lesser of such approvable costs per contact hour or four- 55 teen dollars and seventy-five cents per contact hour, where a contact 56 hour represents sixty minutes of instruction services provided to anS. 7506 33 A. 9506 1 eligible adult. Notwithstanding any other provision of law to the 2 contrary, for the 2015--2016 school year such contact hours shall not 3 exceed one million five hundred ninety-nine thousand fifteen (1,599,015) 4 hours; whereas for the 2016--2017 school year such contact hours shall 5 not exceed one million five hundred fifty-one thousand three hundred 6 twelve (1,551,312); [and] whereas for the 2017--2018 school year such 7 contact hours shall not exceed one million five hundred forty-nine thou- 8 sand four hundred sixty-three (1,549,463); and for the 2018--2019 school 9 year such contact hours shall not exceed one million three hundred 10 twelve thousand seven hundred eighty-five (1,312,785). Notwithstanding 11 any other provision of law to the contrary, the apportionment calculated 12 for the city school district of the city of New York pursuant to subdi- 13 vision 11 of section 3602 of the education law shall be computed as if 14 such contact hours provided by the consortium for worker education, not 15 to exceed the contact hours set forth herein, were eligible for aid in 16 accordance with the provisions of such subdivision 11 of section 3602 of 17 the education law. 18 § 26. Section 4 of chapter 756 of the laws of 1992, relating to fund- 19 ing a program for work force education conducted by the consortium for 20 worker education in New York city, is amended by adding a new subdivi- 21 sion w to read as follows: 22 w. The provisions of this subdivision shall not apply after the 23 completion of payments for the 2018--2019 school year. Notwithstanding 24 any inconsistent provisions of law, the commissioner of education shall 25 withhold a portion of employment preparation education aid due to the 26 city school district of the city of New York to support a portion of the 27 costs of the work force education program. Such moneys shall be credited 28 to the elementary and secondary education fund-local assistance account 29 and shall not exceed eleven million five hundred thousand dollars 30 ($11,500,000). 31 § 27. Section 6 of chapter 756 of the laws of 1992, relating to fund- 32 ing a program for work force education conducted by the consortium for 33 worker education in New York city, as amended by section 46 of part YYY 34 of chapter 59 of the laws of 2017, is amended to read as follows: 35 § 6. This act shall take effect July 1, 1992, and shall be deemed 36 repealed on June 30, [2018] 2019. 37 § 28. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 38 of 1995, amending the education law and certain other laws relating to 39 state aid to school districts and the appropriation of funds for the 40 support of government, as amended by section 47 of part YYY of chapter 41 59 of the laws of 2017, are amended to read as follows: 42 (22) sections one hundred twelve, one hundred thirteen, one hundred 43 fourteen, one hundred fifteen and one hundred sixteen of this act shall 44 take effect on July 1, 1995; provided, however, that section one hundred 45 thirteen of this act shall remain in full force and effect until July 1, 46 [2018] 2019 at which time it shall be deemed repealed; 47 (24) sections one hundred eighteen through one hundred thirty of this 48 act shall be deemed to have been in full force and effect on and after 49 July 1, 1995; provided further, however, that the amendments made pursu- 50 ant to section one hundred twenty-four of this act shall be deemed to be 51 repealed on and after July 1, [2018] 2019; 52 § 29. The education law is amended by adding a new section 4403-a to 53 read as follows: 54 § 4403-a. Waivers from certain duties. 1. A local school district, 55 approved private school or board of cooperative educational services may 56 submit an application for a waiver from any requirement imposed on suchS. 7506 34 A. 9506 1 district, school or board of cooperative educational services pursuant 2 to section forty-four hundred two or section forty-four hundred three of 3 this article, and regulations promulgated thereunder, for a specific 4 school year. Such application must be submitted at least sixty days in 5 advance of the proposed date on which the waiver would be effective and 6 shall be in a form prescribed by the commissioner. 7 2. Before submitting an application for a waiver, the local school 8 district, approved private school or board of cooperative educational 9 services shall provide notice of the proposed waiver to the parents or 10 persons in parental relationship to the students that would be impacted 11 by the waiver if granted. Such notice shall be in a form and manner that 12 will ensure that such parents and persons in parental relationship will 13 be aware of all relevant changes that would occur under the waiver, and 14 shall include information on the form, manner and date by which parents 15 may submit written comments on the proposed waiver. The local school 16 district, approved private school, or board of cooperative educational 17 services shall provide at least sixty days for such parents and persons 18 in parental relationship to submit written comments, and shall include 19 in the waiver application submitted to the commissioner pursuant to 20 subdivision one of this section any written comments received from such 21 parents or persons in parental relationship to such students. 22 3. The commissioner may grant a waiver from any requirement imposed on 23 a local school district, approved private school or board of cooperative 24 educational services pursuant to section forty-four hundred two or 25 section forty-four hundred three of this article, upon a finding that 26 such waiver will enable a local school district, approved private school 27 or board of cooperative educational services to implement an innovative 28 special education program that is consistent with applicable federal 29 requirements, and will enhance student achievement and/or opportunities 30 for placement in regular classes and programs. In making such determi- 31 nation, the commissioner shall consider any comments received by the 32 local school district, approved private school or board of cooperative 33 educational services from parents or persons in parental relation to the 34 students that would be directly affected by the waiver if granted. 35 4. Any local school district, approved private school or board of 36 cooperative educational services granted a waiver shall submit an annual 37 report to the commissioner regarding the operation and evaluation of the 38 program no later than thirty days after the end of each school year for 39 which a waiver is granted. 40 § 30. Section 8 of chapter 89 of the laws of 2016, relating to supple- 41 mentary funding for dedicated programs for public school students in the 42 East Ramapo central school district, as amended by section 49 of part 43 YYY of chapter 59 of the laws of 2017, is amended to read as follows: 44 § 8. This act shall take effect July 1, 2016 and shall expire and be 45 deemed repealed June 30, [2018] 2019, except that paragraph (b) of 46 section five of this act and paragraph seven of this act shall expire 47 and be deemed repealed June 30, 2021. 48 § 31. Section 12 of chapter 147 of the laws of 2001, amending the 49 education law relating to conditional appointment of school district, 50 charter school or BOCES employees, as amended by section 50 of part YYY 51 of chapter 59 of the laws of 2017, is amended to read as follows: 52 § 12. This act shall take effect on the same date as chapter 180 of 53 the laws of 2000 takes effect, and shall expire July 1, [2018] 2019 when 54 upon such date the provisions of this act shall be deemed repealed. 55 § 32. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 56 relating to certain provisions related to the 1994-95 state operations,S. 7506 35 A. 9506 1 aid to localities, capital projects and debt service budgets, as amended 2 by section 32 of part A of chapter 54 of the laws of 2016, is amended to 3 read as follows: 4 1. Sections one through seventy of this act shall be deemed to have 5 been in full force and effect as of April 1, 1994 provided, however, 6 that sections one, two, twenty-four, twenty-five and twenty-seven 7 through seventy of this act shall expire and be deemed repealed on March 8 31, 2000; provided, however, that section twenty of this act shall apply 9 only to hearings commenced prior to September 1, 1994, and provided 10 further that section twenty-six of this act shall expire and be deemed 11 repealed on March 31, 1997; and provided further that sections four 12 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 13 twenty-one-a of this act shall expire and be deemed repealed on March 14 31, 1997; and provided further that sections three, fifteen, seventeen, 15 twenty, twenty-two and twenty-three of this act shall expire and be 16 deemed repealed on March 31, [2018] 2020. 17 § 33. Section 4 of chapter 425 of the laws of 2002, amending the 18 education law relating to the provision of supplemental educational 19 services, attendance at a safe public school and the suspension of 20 pupils who bring a firearm to or possess a firearm at a school, as 21 amended by section 12 of part YYY of chapter 59 of the laws of 2017, is 22 amended to read as follows: 23 § 4. This act shall take effect July 1, 2002 and shall expire and be 24 deemed repealed June 30, [2018] 2019. 25 § 34. Section 5 of chapter 101 of the laws of 2003, amending the 26 education law relating to the implementation of the No Child Left Behind 27 Act of 2001, as amended by section 13 of part YYY of chapter 59 of the 28 laws of 2017, is amended to read as follows: 29 § 5. This act shall take effect immediately; provided that sections 30 one, two and three of this act shall expire and be deemed repealed on 31 June 30, [2018] 2019. 32 § 35. Section 2 of subpart B of part AA of chapter 56 of the laws of 33 2014, amending the education law relating to providing that standardized 34 test scores shall not be included on a student's permanent record, is 35 amended to read as follows: 36 § 2. This act shall take effect immediately and shall expire and be 37 deemed repealed on December 31, [2018] 2019. 38 § 36. School bus driver training. In addition to apportionments other- 39 wise provided by section 3602 of the education law, for aid payable in 40 the 2018-2019 school year, the commissioner of education shall allocate 41 school bus driver training grants to school districts and boards of 42 cooperative educational services pursuant to sections 3650-a, 3650-b and 43 3650-c of the education law, or for contracts directly with not-for-pro- 44 fit educational organizations for the purposes of this section. Such 45 payments shall not exceed four hundred thousand dollars ($400,000) per 46 school year. 47 § 37. Special apportionment for salary expenses. a. Notwithstanding 48 any other provision of law, upon application to the commissioner of 49 education, not sooner than the first day of the second full business 50 week of June 2019 and not later than the last day of the third full 51 business week of June 2019, a school district eligible for an apportion- 52 ment pursuant to section 3602 of the education law shall be eligible to 53 receive an apportionment pursuant to this section, for the school year 54 ending June 30, 2019, for salary expenses incurred between April 1 and 55 June 30, 2018 and such apportionment shall not exceed the sum of (i) the 56 deficit reduction assessment of 1990--1991 as determined by the commis-S. 7506 36 A. 9506 1 sioner of education, pursuant to paragraph f of subdivision 1 of section 2 3602 of the education law, as in effect through June 30, 1993, plus (ii) 3 186 percent of such amount for a city school district in a city with a 4 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of 5 such amount for a city school district in a city with a population of 6 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 7 ing to the latest federal census, plus (iv) the net gap elimination 8 adjustment for 2010--2011, as determined by the commissioner of educa- 9 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- 10 nation adjustment for 2011--2012 as determined by the commissioner of 11 education pursuant to subdivision 17 of section 3602 of the education 12 law, and provided further that such apportionment shall not exceed such 13 salary expenses. Such application shall be made by a school district, 14 after the board of education or trustees have adopted a resolution to do 15 so and in the case of a city school district in a city with a population 16 in excess of 125,000 inhabitants, with the approval of the mayor of such 17 city. 18 b. The claim for an apportionment to be paid to a school district 19 pursuant to subdivision a of this section shall be submitted to the 20 commissioner of education on a form prescribed for such purpose, and 21 shall be payable upon determination by such commissioner that the form 22 has been submitted as prescribed. Such approved amounts shall be payable 23 on the same day in September of the school year following the year in 24 which application was made as funds provided pursuant to subparagraph 25 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 26 law, on the audit and warrant of the state comptroller on vouchers 27 certified or approved by the commissioner of education in the manner 28 prescribed by law from moneys in the state lottery fund and from the 29 general fund to the extent that the amount paid to a school district 30 pursuant to this section exceeds the amount, if any, due such school 31 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 32 section 3609-a of the education law in the school year following the 33 year in which application was made. 34 c. Notwithstanding the provisions of section 3609-a of the education 35 law, an amount equal to the amount paid to a school district pursuant to 36 subdivisions a and b of this section shall first be deducted from the 37 following payments due the school district during the school year 38 following the year in which application was made pursuant to subpara- 39 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 40 section 3609-a of the education law in the following order: the lottery 41 apportionment payable pursuant to subparagraph (2) of such paragraph 42 followed by the fixed fall payments payable pursuant to subparagraph (4) 43 of such paragraph and then followed by the district's payments to the 44 teachers' retirement system pursuant to subparagraph (1) of such para- 45 graph, and any remainder to be deducted from the individualized payments 46 due the district pursuant to paragraph b of such subdivision shall be 47 deducted on a chronological basis starting with the earliest payment due 48 the district. 49 § 38. Special apportionment for public pension accruals. a. Notwith- 50 standing any other provision of law, upon application to the commission- 51 er of education, not later than June 30, 2019, a school district eligi- 52 ble for an apportionment pursuant to section 3602 of the education law 53 shall be eligible to receive an apportionment pursuant to this section, 54 for the school year ending June 30, 2019 and such apportionment shall 55 not exceed the additional accruals required to be made by school 56 districts in the 2004--2005 and 2005--2006 school years associated withS. 7506 37 A. 9506 1 changes for such public pension liabilities. The amount of such addi- 2 tional accrual shall be certified to the commissioner of education by 3 the president of the board of education or the trustees or, in the case 4 of a city school district in a city with a population in excess of 5 125,000 inhabitants, the mayor of such city. Such application shall be 6 made by a school district, after the board of education or trustees have 7 adopted a resolution to do so and in the case of a city school district 8 in a city with a population in excess of 125,000 inhabitants, with the 9 approval of the mayor of such city. 10 b. The claim for an apportionment to be paid to a school district 11 pursuant to subdivision a of this section shall be submitted to the 12 commissioner of education on a form prescribed for such purpose, and 13 shall be payable upon determination by such commissioner that the form 14 has been submitted as prescribed. Such approved amounts shall be payable 15 on the same day in September of the school year following the year in 16 which application was made as funds provided pursuant to subparagraph 17 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 18 law, on the audit and warrant of the state comptroller on vouchers 19 certified or approved by the commissioner of education in the manner 20 prescribed by law from moneys in the state lottery fund and from the 21 general fund to the extent that the amount paid to a school district 22 pursuant to this section exceeds the amount, if any, due such school 23 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 24 section 3609-a of the education law in the school year following the 25 year in which application was made. 26 c. Notwithstanding the provisions of section 3609-a of the education 27 law, an amount equal to the amount paid to a school district pursuant to 28 subdivisions a and b of this section shall first be deducted from the 29 following payments due the school district during the school year 30 following the year in which application was made pursuant to subpara- 31 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 32 section 3609-a of the education law in the following order: the lottery 33 apportionment payable pursuant to subparagraph (2) of such paragraph 34 followed by the fixed fall payments payable pursuant to subparagraph (4) 35 of such paragraph and then followed by the district's payments to the 36 teachers' retirement system pursuant to subparagraph (1) of such para- 37 graph, and any remainder to be deducted from the individualized payments 38 due the district pursuant to paragraph b of such subdivision shall be 39 deducted on a chronological basis starting with the earliest payment due 40 the district. 41 § 39. a. Notwithstanding any other law, rule or regulation to the 42 contrary, any moneys appropriated to the state education department may 43 be suballocated to other state departments or agencies, as needed, to 44 accomplish the intent of the specific appropriations contained therein. 45 b. Notwithstanding any other law, rule or regulation to the contrary, 46 moneys appropriated to the state education department from the general 47 fund/aid to localities, local assistance account-001, shall be for 48 payment of financial assistance, as scheduled, net of disallowances, 49 refunds, reimbursement and credits. 50 c. Notwithstanding any other law, rule or regulation to the contrary, 51 all moneys appropriated to the state education department for aid to 52 localities shall be available for payment of aid heretofore or hereafter 53 to accrue and may be suballocated to other departments and agencies to 54 accomplish the intent of the specific appropriations contained therein. 55 d. Notwithstanding any other law, rule or regulation to the contrary, 56 moneys appropriated to the state education department for generalS. 7506 38 A. 9506 1 support for public schools may be interchanged with any other item of 2 appropriation for general support for public schools within the general 3 fund local assistance account office of prekindergarten through grade 4 twelve education programs. 5 § 40. Notwithstanding the provision of any law, rule, or regulation to 6 the contrary, the city school district of the city of Rochester, upon 7 the consent of the board of cooperative educational services of the 8 supervisory district serving its geographic region may purchase from 9 such board for the 2018--2019 school year, as a non-component school 10 district, services required by article 19 of the education law. 11 § 41. The amounts specified in this section shall be a setaside from 12 the state funds which each such district is receiving from the total 13 foundation aid: 14 a. for the development, maintenance or expansion of magnet schools or 15 magnet school programs for the 2018--2019 school year. For the city 16 school district of the city of New York there shall be a setaside of 17 foundation aid equal to forty-eight million one hundred seventy-five 18 thousand dollars ($48,175,000) including five hundred thousand dollars 19 ($500,000) for the Andrew Jackson High School; for the Buffalo city 20 school district, twenty-one million twenty-five thousand dollars 21 ($21,025,000); for the Rochester city school district, fifteen million 22 dollars ($15,000,000); for the Syracuse city school district, thirteen 23 million dollars ($13,000,000); for the Yonkers city school district, 24 forty-nine million five hundred thousand dollars ($49,500,000); for the 25 Newburgh city school district, four million six hundred forty-five thou- 26 sand dollars ($4,645,000); for the Poughkeepsie city school district, 27 two million four hundred seventy-five thousand dollars ($2,475,000); for 28 the Mount Vernon city school district, two million dollars ($2,000,000); 29 for the New Rochelle city school district, one million four hundred ten 30 thousand dollars ($1,410,000); for the Schenectady city school district, 31 one million eight hundred thousand dollars ($1,800,000); for the Port 32 Chester city school district, one million one hundred fifty thousand 33 dollars ($1,150,000); for the White Plains city school district, nine 34 hundred thousand dollars ($900,000); for the Niagara Falls city school 35 district, six hundred thousand dollars ($600,000); for the Albany city 36 school district, three million five hundred fifty thousand dollars 37 ($3,550,000); for the Utica city school district, two million dollars 38 ($2,000,000); for the Beacon city school district, five hundred sixty- 39 six thousand dollars ($566,000); for the Middletown city school 40 district, four hundred thousand dollars ($400,000); for the Freeport 41 union free school district, four hundred thousand dollars ($400,000); 42 for the Greenburgh central school district, three hundred thousand 43 dollars ($300,000); for the Amsterdam city school district, eight 44 hundred thousand dollars ($800,000); for the Peekskill city school 45 district, two hundred thousand dollars ($200,000); and for the Hudson 46 city school district, four hundred thousand dollars ($400,000). 47 b. Notwithstanding any inconsistent provision of law to the contrary, 48 a school district setting aside such foundation aid pursuant to this 49 section may use such setaside funds for: (i) any instructional or 50 instructional support costs associated with the operation of a magnet 51 school; or (ii) any instructional or instructional support costs associ- 52 ated with implementation of an alternative approach to promote diversity 53 and/or enhancement of the instructional program and raising of standards 54 in elementary and secondary schools of school districts having substan- 55 tial concentrations of minority students.S. 7506 39 A. 9506 1 c. The commissioner of education shall not be authorized to withhold 2 foundation aid from a school district that used such funds in accordance 3 with this paragraph, notwithstanding any inconsistency with a request 4 for proposals issued by such commissioner for the purpose of attendance 5 improvement and dropout prevention for the 2018--2019 school year, and 6 for any city school district in a city having a population of more than 7 one million, the setaside for attendance improvement and dropout 8 prevention shall equal the amount set aside in the base year. For the 9 2018--2019 school year, it is further provided that any city school 10 district in a city having a population of more than one million shall 11 allocate at least one-third of any increase from base year levels in 12 funds set aside pursuant to the requirements of this section to communi- 13 ty-based organizations. Any increase required pursuant to this section 14 to community-based organizations must be in addition to allocations 15 provided to community-based organizations in the base year. 16 d. For the purpose of teacher support for the 2018--2019 school year: 17 for the city school district of the city of New York, sixty-two million 18 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 19 school district, one million seven hundred forty-one thousand dollars 20 ($1,741,000); for the Rochester city school district, one million seven- 21 ty-six thousand dollars ($1,076,000); for the Yonkers city school 22 district, one million one hundred forty-seven thousand dollars 23 ($1,147,000); and for the Syracuse city school district, eight hundred 24 nine thousand dollars ($809,000). All funds made available to a school 25 district pursuant to this section shall be distributed among teachers 26 including prekindergarten teachers and teachers of adult vocational and 27 academic subjects in accordance with this section and shall be in addi- 28 tion to salaries heretofore or hereafter negotiated or made available; 29 provided, however, that all funds distributed pursuant to this section 30 for the current year shall be deemed to incorporate all funds distrib- 31 uted pursuant to former subdivision 27 of section 3602 of the education 32 law for prior years. In school districts where the teachers are repres- 33 ented by certified or recognized employee organizations, all salary 34 increases funded pursuant to this section shall be determined by sepa- 35 rate collective negotiations conducted pursuant to the provisions and 36 procedures of article 14 of the civil service law, notwithstanding the 37 existence of a negotiated agreement between a school district and a 38 certified or recognized employee organization. 39 § 42. Support of public libraries. The moneys appropriated for the 40 support of public libraries by a chapter of the laws of 2017 enacting 41 the aid to localities budget shall be apportioned for the 2018-2019 42 state fiscal year in accordance with the provisions of sections 271, 43 272, 273, 282, 284, and 285 of the education law as amended by the 44 provisions of this chapter and the provisions of this section, provided 45 that library construction aid pursuant to section 273-a of the education 46 law shall not be payable from the appropriations for the support of 47 public libraries and provided further that no library, library system or 48 program, as defined by the commissioner of education, shall receive less 49 total system or program aid than it received for the year 2001-2002 50 except as a result of a reduction adjustment necessary to conform to the 51 appropriations for support of public libraries. 52 Notwithstanding any other provision of law to the contrary the moneys 53 appropriated for the support of public libraries for the year 2018-2019 54 by a chapter of the laws of 2018 enacting the education, labor and fami- 55 ly assistance budget shall fulfill the state's obligation to provide 56 such aid and, pursuant to a plan developed by the commissioner of educa-S. 7506 40 A. 9506 1 tion and approved by the director of the budget, the aid payable to 2 libraries and library systems pursuant to such appropriations shall be 3 reduced proportionately to assure that the total amount of aid payable 4 does not exceed the total appropriations for such purpose. 5 § 43. Severability. The provisions of this act shall be severable, and 6 if the application of any clause, sentence, paragraph, subdivision, 7 section or part of this act to any person or circumstance shall be 8 adjudged by any court of competent jurisdiction to be invalid, such 9 judgment shall not necessarily affect, impair or invalidate the applica- 10 tion of any such clause, sentence, paragraph, subdivision, section, part 11 of this act or remainder thereof, as the case may be, to any other 12 person or circumstance, but shall be confined in its operation to the 13 clause, sentence, paragraph, subdivision, section or part thereof 14 directly involved in the controversy in which such judgment shall have 15 been rendered. 16 § 44. This act shall take effect immediately, and shall be deemed to 17 have been in full force and effect on and after April 1, 2018; provided, 18 however, that: 19 1. Sections one, four, five, six, seven, nine, nine-a, nine-b, nine-c, 20 nine-d, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, 21 seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty- 22 three, thirty-six, forty and forty-one of this act shall take effect 23 July 1, 2018; and 24 2. The amendments to chapter 756 of the laws of 1992, relating to 25 funding a program for work force education conducted by the consortium 26 for worker education in New York city made by sections twenty-five and 27 twenty-six of this act shall not affect the repeal of such chapter and 28 shall be deemed repealed therewith; and 29 3. Section twenty-eight of this act shall be deemed to have been in 30 full force and effect on and after the effective date of section 140 of 31 chapter 82 of the laws of 1995; 32 4. The amendments to paragraph (d) of subdivision 1 of section 2856 of 33 the education law made by section seven of this act shall be subject to 34 the expiration and reversion of such subdivision pursuant to subdivision 35 d of section 27 of chapter 378 of the laws of 2007, as amended, when 36 upon such date the provisions of section eight of this act shall take 37 effect; and the amendments to paragraph b-1 of subdivision 4 of section 38 3602 of the education law made by section nine-a of this act shall not 39 affect the expiration of such paragraph and shall expire therewith. 40 PART B 41 Section 1. The education law is amended by adding a new section 908 to 42 read as follows: 43 § 908. Prohibition against lunch shaming. All public schools, includ- 44 ing charter schools and non-public schools in the state that participate 45 in the national school lunch program or school breakfast program in 46 which there is a school at which all pupils are not eligible to be 47 served breakfast and lunch under the community eligibility provision or 48 provision two of the federal national school lunch act, 42 U.S.C. Sec. 49 1751 et seq., shall develop a plan to ensure that a pupil whose parent 50 or guardian has unpaid school meal fees is not shamed or treated differ- 51 ently than a pupil whose parent or guardian does not have unpaid school 52 meal fees. The plan shall be submitted to the commissioner by July 53 first, two thousand eighteen, or sixty days from the effective date of 54 this section after enactment in conformance with regulations of theS. 7506 41 A. 9506 1 commissioner. After submission of such plan, the school shall adopt and 2 post the plan on its website. The plan shall include, but not be limited 3 to, the following elements: 4 a. A policy stating that the school shall provide the student with the 5 student's meal of choice for that school day of the available reimbursa- 6 ble meal choices for such school day, if the student requests one, 7 unless the student's parent or guardian has specifically provided writ- 8 ten permission to the school to withhold a meal, provided that such 9 policy shall only require the school to provide access to reimbursable 10 meals, not a la carte items, adult meals, or other similar items; 11 b. An explanation of how staff will be trained to ensure that the 12 policy is carried out correctly and how the affected parents and guardi- 13 ans will be provided with assistance in establishing eligibility for 14 free or reduced-price meals for their children; 15 c. A policy requiring the school to notify the student's parent or 16 guardian that the student's meal card or account balance is exhausted 17 and unpaid meal charges are due. The notification policy may include a 18 repayment schedule, but the school may not charge any interest or fees 19 in connection with any meals charged; 20 d. A communication procedure designed to support eligible families 21 enrolling in the national free and reduced price meal program. Such 22 communication procedures shall also include a process for determining 23 eligibility when a student owes money for five or more meals, wherein 24 the school shall: 25 i. make every attempt to determine if a student is directly certified 26 to be eligible for free meals; 27 ii. make at least two attempts, not including the application or 28 instructions included in a school enrollment packet, to reach the 29 student's parent or guardian and have the parent or guardian fill out a 30 meal application; and 31 iii. require a principal, assistant principal or counselor to contact 32 the parent or guardian to offer assistance with a meal application, 33 determine if there are other issues within the household that have 34 caused the child to have insufficient funds to purchase a school meal 35 and offer any other assistance that is appropriate; 36 e. A clear explanation of policies designed to decrease student 37 distress or embarrassment, provided that, no school shall: 38 i. publicly identify or stigmatize a student who cannot pay for a meal 39 or who owes a meal debt by any means including, but not limited to, 40 requiring that a student wear a wristband or hand stamp; 41 ii. require a student who cannot pay for a meal or who owes a meal 42 debt to do chores or other work to pay for meals, provided that chores 43 or work required of all students regardless of a meal debt is permitted; 44 iii. require that a student throw away a meal after it has been served 45 because of the student's inability to pay for the meal or because money 46 is owed for earlier meals; 47 iv. take any action directed at a pupil to collect unpaid school meal 48 fees. A school may attempt to collect unpaid school meal fees from a 49 parent or guardian, but shall not use a debt collector, as defined in 50 section eight hundred three of the federal consumer credit protection 51 act, 15 U.S.C. Sec. 1692a; or 52 v. discuss any outstanding meal debt in the presence of other 53 students; 54 f. A clear explanation of the policy to handle unpaid meal charges, 55 provided that nothing in this section is intended to allow for the 56 unlimited accrual of debt;S. 7506 42 A. 9506 1 g. Procedures to enroll in the free and reduced price lunch program, 2 provided that such procedures shall include that, at the beginning of 3 each school year, a school shall provide: 4 i. a free, printed meal application in every school enrollment packet, 5 or if the school chooses to use an electronic meal application, provide 6 in school enrollment packets an explanation of the electronic meal 7 application process and instructions for how parents or guardians may 8 request a paper application at no cost; and 9 ii. meal applications and instructions in a language that parents and 10 guardians understand. If a parent or guardian cannot read or understand 11 a meal application, the school shall offer assistance in completing the 12 application; 13 h. If a school becomes aware that a student who has not submitted a 14 meal application is eligible for free or reduced-fee meals, the school 15 shall complete and file an application for the student pursuant to title 16 seven, section 245.6(d) of the code of federal regulations; and 17 i. School liaisons required for homeless, foster, and migrant students 18 shall coordinate with the nutrition department to make sure such 19 students receive free school meals, in accordance with federal law. 20 § 2. Section 4 of chapter 537 of the laws of 1976, relating to paid, 21 free and reduced price breakfast for eligible pupils in certain school 22 districts is renumbered section 6 and two new sections 4 and 5 are added 23 to read as follows: 24 § 4. a. All public elementary or secondary schools in this state, not 25 including a charter school authorized by article 56 of the education 26 law, with at least seventy percent or more of its students eligible for 27 free or reduced-price meals under the federal National School Lunch 28 Program as determined by the State Education Department based upon data 29 submitted by schools through the basic educational data system (BEDS) 30 for the prior school year, shall be required to offer all students a 31 school breakfast after the instructional day has begun. 32 b. Each public school may determine the breakfast service delivery 33 model that best suits its students. Service delivery models may include, 34 but are not limited to, breakfast in the classroom, grab and go break- 35 fast, and breakfast served in the cafeteria. Time spent by students 36 consuming breakfast may be considered instructional time when students 37 consume breakfast in the students' classrooms and instruction is being 38 provided while students are consuming breakfast. In determining a 39 service delivery model, schools shall consult with teachers, parents, 40 students and members of the community. 41 c. Schools subject to this requirement shall provide notice to 42 students' parents and guardians that the school will be offering break- 43 fast to all students after the instructional day has begun. 44 d. The State Education Department shall: 45 i. on or before May 1, 2018, and on or before May 1 of each year ther- 46 eafter preceding each school year, publish on its website a list of the 47 public schools that meet the requirements for operating such programs, 48 and provide notification to such schools; 49 ii. develop and distribute guidelines for the implementation of such 50 programs, which shall be in the compliance with all applicable federal 51 and state laws governing the School Breakfast Program; 52 iii. provide technical assistance relating to the implementation of 53 such program and submission of claims for reimbursement under the School 54 Breakfast Program; and 55 iv. annually publish by December 2019, and each December thereafter, 56 on its website information relating to each school subject to thisS. 7506 43 A. 9506 1 requirement, as well as any other schools operating such program which 2 are not subject to this requirement, in the prior school year. Such 3 information shall include, but not be limited to: the school name, 4 service delivery models implemented, student enrollment, the free and 5 reduced-price lunch percentage, the average daily breakfast partic- 6 ipation rate, the total number of breakfast meals served during the 7 school year, the total cost of the breakfast program during the school 8 year, the total federal reimbursement for breakfast meals during the 9 school year, and the total state reimbursement for breakfast meals 10 during the school year. 11 § 5. a. Notwithstanding any monetary limitations with respect to 12 school lunch programs contained in any law or regulation, for school 13 lunch meals served in the school year commencing July 1, 2019 and each 14 July 1 thereafter, a school food authority shall be eligible for a lunch 15 meal State subsidy of twenty-five cents, which shall include any annual 16 State subsidy received by such school food authority under any other 17 provision of State law, for any school lunch meal served by such school 18 food authority; provided that the school food authority certifies to the 19 State Education Department through the application submitted pursuant to 20 subdivision b of this section that such food authority has purchased at 21 least thirty percent of its total cost of food products for its school 22 food service program from New York state farmers, growers, producers or 23 processors in the preceding school year. 24 b. The State Education Department, in cooperation with the Department 25 of Agriculture and Markets, shall develop an application for school food 26 authorities to seek an additional State subsidy pursuant to this section 27 in a timeline and format prescribed by the commissioner of education. 28 Such application shall include, but not be limited to, documentation 29 demonstrating the school food authority's total food purchases for its 30 school food service programs, including but not limited to school lunch, 31 breakfast and snack programs, and documentation demonstrating its total 32 food purchases and percentages for such programs from New York State 33 farmers, growers, producers or processors in the preceding school year. 34 The application shall also include an attestation from the school food 35 authority's chief operating officer that it purchased at least thirty 36 percent of its total cost of food products for its school food service 37 program from New York State farmers, growers, producers or processors in 38 the preceding school year in order to meet the requirements for this 39 additional State subsidy. School food authorities shall be required to 40 annually apply for this subsidy. 41 c. The State Education Department shall annually publish information 42 on its website commencing on September 1, 2019 and each September 1 43 thereafter, relating to each school food authority that applied for and 44 received this additional State subsidy, including but not limited to: 45 the school food authority name, student enrollment, average daily lunch 46 participation, total food costs for its school food service programs, 47 total cost of products for its school food service programs purchased 48 from New York State farmers, growers, producers or processors, and the 49 percent of total food costs that were purchased from New York State 50 farmers, growers, producers or processors. 51 § 3. This act shall take effect immediately; provided, however, that 52 subdivision a of section 4 of chapter 537 of the laws of 1976, as added 53 by section two of this act, shall take effect September 1, 2018. 54 PART CS. 7506 44 A. 9506 1 Section 1. Section 1604 of the education law is amended by adding a 2 new subdivision 43 to read as follows: 3 43. To pass, in the discretion of the trustees, a resolution authoriz- 4 ing the use of school bus cameras pursuant to section eleven hundred 5 eighteen of the vehicle and traffic law, provided that the trustees may 6 also enter into contracts with a third party for the installation, 7 administration, operation, notice processing, and maintenance of such 8 cameras, and for the sharing of revenue derived from such cameras pursu- 9 ant to section eleven hundred eighteen of the vehicle and traffic law, 10 provided that the purchase, lease, installation, operation and mainte- 11 nance, or any other costs associated with such cameras shall not be 12 considered an aidable expense pursuant to section thirty-six hundred 13 twenty-three-a of this chapter. 14 § 2. Section 1709 of the education law is amended by adding a new 15 subdivision 43 to read as follows: 16 43. To pass a resolution, in the discretion of the board, authorizing 17 the use of school bus cameras pursuant to section eleven hundred eigh- 18 teen of the vehicle and traffic law, provided that the board may also 19 enter into contracts with a third party for the installation, adminis- 20 tration, operation, notice processing, and maintenance of such cameras, 21 and for the sharing of revenue derived from such cameras pursuant to 22 section eleven hundred eighteen of the vehicle and traffic law, provided 23 that the purchase, lease, installation, operation and maintenance, or 24 any other costs associated with such cameras shall not be considered an 25 aidable expense pursuant to section thirty-six hundred twenty-three-a of 26 this chapter. 27 § 3. The vehicle and traffic law is amended by adding a new section 28 1118 to read as follows: 29 § 1118. Owner liability for operator illegally overtaking or passing a 30 school bus. (a) 1. Notwithstanding any other provision of law, each 31 board of education or trustees of a school district is hereby authorized 32 and empowered to adopt and amend a resolution establishing a school bus 33 safety camera program imposing monetary liability on the owner of a 34 vehicle for failure of an operator thereof to comply with section eleven 35 hundred seventy-four of this title. Such program shall empower a board 36 of education or school district or school bus transportation contractor 37 that has contracted with such school district to install school bus 38 safety cameras upon school buses operated by or contracted with such 39 district. 40 2. Such program shall utilize necessary technologies to ensure, to the 41 extent practicable, that photographs produced by such school bus safety 42 cameras shall not include images that identify the driver, the passen- 43 gers, or the contents of the vehicle. Provided, however, that no notice 44 of liability issued pursuant to this section shall be dismissed solely 45 because a photograph or photographs allow for the identification of the 46 contents of a vehicle, provided that such school district has made a 47 reasonable effort to comply with the provisions of this paragraph. 48 (b) In any school district which has adopted a resolution pursuant to 49 subdivision (a) of this section, the owner of a vehicle shall be liable 50 for a penalty imposed pursuant to this section if such vehicle was used 51 or operated with the permission of the owner, express or implied, in 52 violation of subdivision (a) of section eleven hundred seventy-four of 53 this title, and such violation is evidenced by information obtained from 54 a school bus safety camera; provided however that no owner of a vehicle 55 shall be liable for a penalty imposed pursuant to this section where theS. 7506 45 A. 9506 1 operator of such vehicle has been convicted of the underlying violation 2 of subdivision (a) of section eleven hundred seventy-four of this title. 3 (c) For purposes of this section, "owner" shall have the meaning 4 provided in article two-B of this chapter. For purposes of this section, 5 "school bus safety camera" shall mean an automated photo monitoring 6 device affixed to the outside of a school bus and designated to detect 7 and store videotape and one or more images of motor vehicles that over- 8 take or pass school buses in violation of subdivision (a) of section 9 eleven hundred seventy-four of this title. 10 (d) No school district or school bus transportation contractor that 11 has installed cameras pursuant to this section shall access the images 12 from such cameras but shall provide, pursuant to an agreement with the 13 appropriate law enforcement agency or agencies, for the proper handling 14 and custody of such images for the forwarding of such images from such 15 cameras to a law enforcement agency having jurisdiction in the area in 16 which the violation occurred for the purpose of imposing monetary 17 liability on the owner of a motor vehicle for illegally overtaking or 18 passing a school bus in violation of subdivision (a) of section eleven 19 hundred seventy-four of this title. After receipt of such images a 20 police officer shall inspect such videotape and images to determine 21 whether a violation of subdivision (a) of section eleven hundred seven- 22 ty-four of this title was committed. Upon such a finding a certificate, 23 sworn to or affirmed by an officer of such agency, or a facsimile there- 24 of, based upon inspection of photographs, microphotographs, videotape or 25 other recorded images produced by a school bus safety camera, shall be 26 prima facie evidence of the facts contained therein. Any photographs, 27 microphotographs, videotape or other recorded images evidencing such a 28 violation shall be available for inspection in any proceeding to adjudi- 29 cate the liability for such violation. 30 (e) An owner found liable pursuant to this section for a violation of 31 subdivision (a) of section eleven hundred seventy-four of this title 32 shall be liable for a monetary penalty of two hundred fifty dollars. 33 (e-1) Payment of the monetary penalty imposed by subdivision (e) of 34 this section shall be payable to the school district. Nothing herein 35 shall prevent the school district from entering into a memorandum of 36 understanding with a local law enforcement agency to return a portion of 37 such penalty received to the local law enforcement agency, provided 38 however, in no case shall such portion returned to a local law enforce- 39 ment agency exceed twenty percent of the amount received by the school 40 district. 41 (f) An imposition of liability under this section shall not be deemed 42 a conviction as an operator and shall not be made part of the operating 43 record of the person upon whom such liability is imposed nor shall it be 44 used for insurance purposes in the provision of motor vehicle insurance 45 coverage. 46 (g) 1. A notice of liability shall be sent by the respective law 47 enforcement agency by first class mail to each person alleged to be 48 liable as an owner for a violation of subdivision (a) of section eleven 49 hundred seventy-four of this title pursuant to this section. Personal 50 delivery on the owner shall not be required. A manual or automatic 51 record of mailing prepared in the ordinary course of business shall be 52 prima facie evidence of the facts contained therein. 53 2. A notice of liability shall contain the name and address of the 54 person alleged to be liable as an owner for a violation of subdivision 55 (a) of section eleven hundred seventy-four of this title pursuant to 56 this section, the registration number of the vehicle involved in suchS. 7506 46 A. 9506 1 violation, the location where such violation took place, the date and 2 time of such violation and the identification number of the camera which 3 recorded the violation or other document locator number. 4 3. The notice of liability shall contain information advising the 5 person charged of the manner and the time in which he may contest the 6 liability alleged in the notice. Such notice of liability shall also 7 contain a warning to advise the persons charged that failure to contest 8 in the manner and time provided shall be deemed an admission of liabil- 9 ity and that a default judgment may be entered thereon. 10 4. The notice of liability shall be prepared and mailed by the respec- 11 tive law enforcement agency having jurisdiction over the location where 12 the violation occurred. 13 (h) Adjudication of the liability imposed upon owners by this section 14 shall be by a traffic violations bureau established pursuant to section 15 three hundred seventy of the general municipal law or, if there be none, 16 by the court having jurisdiction over traffic infractions, except that 17 any city which has established or designated an administrative tribunal 18 to hear and determine owner liability established by this article for 19 failure to comply with traffic-control indications shall use such tribu- 20 nal to adjudicate the liability imposed by this section. 21 (i) If an owner receives a notice of liability pursuant to this 22 section for any time period during which the vehicle was reported to a 23 police department as having been stolen, it shall be a valid defense to 24 an allegation of liability for a violation of subdivision (a) of section 25 eleven hundred seventy-four of this title pursuant to this section that 26 the vehicle had been reported to the police as stolen prior to the time 27 the violation occurred and had not been recovered by such time. For 28 purposes of asserting the defense provided by this subdivision it shall 29 be sufficient that a certified copy of the police report on the stolen 30 vehicle be sent by first class mail to the traffic violations bureau, 31 court having jurisdiction or parking violations bureau. 32 (j) Where the adjudication of liability imposed upon owners pursuant 33 to this section is by an administrative tribunal, traffic violations 34 bureau, or a court having jurisdiction, an owner who is a lessor of a 35 vehicle to which a notice of liability was issued pursuant to subdivi- 36 sion (g) of this section shall not be liable for the violation of subdi- 37 vision (a) of section eleven hundred seventy-four of this title, 38 provided that he or she sends to the administrative tribunal, traffic 39 violations bureau, or court having jurisdiction a copy of the rental, 40 lease or other such contract document covering such vehicle on the date 41 of the violation, with the name and address of the lessee clearly legi- 42 ble, within thirty-seven days after receiving notice from the bureau or 43 court of the date and time of such violation, together with the other 44 information contained in the original notice of liability. Failure to 45 send such information within such thirty-seven day time period shall 46 render the owner liable for the penalty prescribed by this section. 47 Where the lessor complies with the provisions of this paragraph, the 48 lessee of such vehicle on the date of such violation shall be deemed to 49 be the owner of such vehicle for purposes of this section, shall be 50 subject to liability for the violation of subdivision (a) of section 51 eleven hundred seventy-four of this title pursuant to this section and 52 shall be sent a notice of liability pursuant to subdivision (g) of this 53 section. 54 (k) 1. If the owner liable for a violation of subdivision (a) of 55 section eleven hundred seventy-four of this title pursuant to this 56 section was not the operator of the vehicle at the time of theS. 7506 47 A. 9506 1 violation, the owner may maintain an action for indemnification against 2 the operator. 3 2. Notwithstanding any other provision of this section, no owner of a 4 vehicle shall be subject to a monetary fine imposed pursuant to this 5 section if the operator of such vehicle was operating such vehicle with- 6 out the consent of the owner at the time such operator was found to have 7 been overtaking or passing a school bus. For purposes of this subdivi- 8 sion there shall be a presumption that the operator of such vehicle was 9 operating such vehicle with the consent of the owner at the time such 10 operator was found to have been overtaking or passing a school bus. 11 (l) Nothing in this section shall be construed to limit the liability 12 of an operator of a vehicle for any violation of subdivision (a) of 13 section eleven hundred seventy-four of this title. 14 (m) In any school district which adopts a school bus safety camera 15 program pursuant to subdivision (a) of this section, such school 16 district shall submit an annual report on the results of the use of its 17 school bus safety cameras to the governor, the temporary president of 18 the senate and the speaker of the assembly on or before June first, two 19 thousand nineteen and on the same date in each succeeding year in which 20 the demonstration program is operable. Such report shall include, but 21 not be limited to: 22 1. a description of the number of busses and routes where school bus 23 safety cameras were used; 24 2. the aggregate number of annual incidents of violations of subdivi- 25 sion (a) of section eleven hundred seventy-four of this title within the 26 district; 27 3. the number of violations recorded by school bus safety cameras in 28 the aggregate and on a daily, weekly and monthly basis; 29 4. the total number of notices of liability issued for violations 30 recorded by such systems; 31 5. the number of fines and total amount of fines paid after first 32 notice of liability issued for violations recorded by such systems; 33 6. the number of violations adjudicated and results of such adjudi- 34 cations including breakdowns of dispositions made for violations 35 recorded by such systems; 36 7. the total amount of revenue realized by such school district from 37 such adjudications; 38 8. expenses incurred by such school district in connection with the 39 program; and 40 9. quality of the adjudication process and its results. 41 (n) It shall be a defense to any prosecution for a violation of subdi- 42 vision (a) of section eleven hundred seventy-four of this title that 43 such school bus safety cameras were malfunctioning at the time of the 44 alleged violation. 45 § 4. Subdivision (c) of section 1174 of the vehicle and traffic law, 46 as amended by chapter 254 of the laws of 2002, is amended to read as 47 follows: 48 (c) Every person convicted of a violation of subdivision (a) of this 49 section shall: for a first conviction thereof, be punished by a fine of 50 not less than [two hundred fifty] five hundred dollars nor more than 51 [four] seven hundred fifty dollars or by imprisonment for not more than 52 thirty days or by both such fine and imprisonment; for a conviction of a 53 second violation, both of which were committed within a period of three 54 years, such person shall be punished by a fine of not less than [six55hundred] one thousand dollars nor more than [seven] one thousand two 56 hundred fifty dollars or by imprisonment for not more than one hundredS. 7506 48 A. 9506 1 eighty days or by both such fine and imprisonment; upon a conviction of 2 a third or subsequent violation, all of which were committed within a 3 period of three years, such person shall be punished by a fine of not 4 less than [seven hundred fifty] one thousand two hundred fifty dollars 5 nor more than one thousand five hundred dollars or by imprisonment for 6 not more than one hundred eighty days or by both such fine and imprison- 7 ment. 8 § 5. This act shall take effect immediately. 9 PART D 10 Section 1. Subdivision 4 of section 1950 of the education law is 11 amended by adding a new paragraph oo to read as follows: 12 oo. Notwithstanding any other provision of law, a board of cooperative 13 educational services is authorized to enter into a memorandum of under- 14 standing with the trustees or board of education of a non-component 15 school district, including city school districts of cities with one 16 hundred twenty-five thousand inhabitants or more, to participate in a 17 recovery high school program operated by the board of cooperative educa- 18 tional services for a period not to exceed five years upon such terms as 19 such trustees or board of education and the board of cooperative educa- 20 tional services may mutually agree, provided that such agreement may 21 provide for a charge for administration of the recovery high school 22 program including capital costs, but participating non-component school 23 districts shall not be liable for payment of administrative expenses as 24 defined in paragraph b of this subdivision. Costs allocated to a partic- 25 ipating non-component school district pursuant to a memorandum of under- 26 standing shall be aidable pursuant to subdivision five of this section 27 to the same extent and on the same basis as costs allocated to a compo- 28 nent school district. 29 § 2. This act shall take effect immediately. 30 PART E 31 Section 1. This act shall be known and may be cited as the "New York 32 state DREAM Act". 33 § 2. Subdivision 3 of section 661 of the education law is REPEALED. 34 § 3. Paragraph a of subdivision 5 of section 661 of the education law, 35 as amended by chapter 466 of the laws of 1977, is amended to read as 36 follows: 37 a. (i) Except as provided in subdivision two of section six hundred 38 seventy-four of this part and subparagraph (ii) of this paragraph, an 39 applicant for an award at the undergraduate level of study must either 40 [(i)] (a) have been a legal resident of the state for at least one year 41 immediately preceding the beginning of the semester, quarter or term of 42 attendance for which application for assistance is made, or [(ii)] (b) 43 be a legal resident of the state and have been a legal resident during 44 his or her last two semesters of high school either prior to graduation, 45 or prior to admission to college. Provided further that persons shall be 46 eligible to receive awards under section six hundred sixty-eight or 47 section six hundred sixty-nine of this part who are currently legal 48 residents of the state and are otherwise qualified. 49 (ii) An applicant who is not a legal resident of the state eligible 50 pursuant to subparagraph (i) of this paragraph, but is a United States 51 citizen, an alien lawfully admitted for permanent residence in the 52 United States, an individual of a class of refugees paroled by theS. 7506 49 A. 9506 1 attorney general of the United States under his or her parole authority 2 pertaining to the admission of aliens to the United States, or an appli- 3 cant without lawful immigration status shall be eligible for an award at 4 the undergraduate level of study provided that the student: 5 (a) attended a registered New York state high school for two or more 6 years, graduated from a registered New York state high school, lived 7 continuously in New York state while attending an approved New York 8 state high school, applied for attendance at the institution of higher 9 education for the undergraduate study for which an award is sought, and 10 attended within five years of receiving a New York state high school 11 diploma; or 12 (b) attended an approved New York state program for a state high 13 school equivalency diploma, lived continuously in New York state while 14 attending an approved New York state program for a general equivalency 15 diploma, received a state high school equivalency diploma, subsequently 16 applied for attendance at the institution of higher education for the 17 undergraduate study for which an award is sought, earned admission based 18 on that general equivalency diploma, and attended the institution of 19 higher education for the undergraduate study for which an award is 20 sought within five years of receiving a state high school equivalency 21 diploma; or 22 (c) is otherwise eligible for the payment of tuition and fees at a 23 rate no greater than that imposed for resident students of the state 24 university of New York, the city university of New York or community 25 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 26 sion two of section three hundred fifty-five or paragraph (a) of subdi- 27 vision seven of section six thousand two hundred six of this chapter. 28 Provided, further, that a student without lawful immigration status 29 shall also be required to file an affidavit with such institution of 30 higher education stating that the student has filed an application to 31 legalize his or her immigration status, or will file such an application 32 as soon as he or she is eligible to do so. 33 § 4. Paragraph b of subdivision 5 of section 661 of the education law, 34 as amended by chapter 466 of the laws of 1977, is amended to read as 35 follows: 36 b. [An] (i) Except as otherwise provided in subparagraph (ii) of this 37 paragraph, an applicant for an award at the graduate level of study must 38 either [(i)] (a) have been a legal resident of the state for at least 39 one year immediately preceding the beginning of the semester, quarter or 40 term of attendance for which application for assistance is made, or 41 [(ii)] (b) be a legal resident of the state and have been a legal resi- 42 dent during his or her last academic year of undergraduate study and 43 have continued to be a legal resident until matriculation in the gradu- 44 ate program. 45 (ii) An applicant who is not a legal resident of the state eligible 46 pursuant to subparagraph (i) of this paragraph, but is a United States 47 citizen, an alien lawfully admitted for permanent residence in the 48 United States, an individual of a class of refugees paroled by the 49 attorney general of the United States under his or her parole authority 50 pertaining to the admission of aliens to the United States, or an appli- 51 cant without lawful immigration status shall be eligible for an award at 52 the graduate level of study provided that the student: 53 (a) attended a registered New York state high school for two or more 54 years, graduated from a registered New York state high school, lived 55 continuously in New York state while attending an approved New York 56 state high school, applied for attendance at the institution of higherS. 7506 50 A. 9506 1 education for the graduate study for which an award is sought, and 2 attended within ten years of receiving a New York state high school 3 diploma; or 4 (b) attended an approved New York state program for a state high 5 school equivalency diploma, lived continuously in New York state while 6 attending an approved New York state program for a general equivalency 7 diploma, received a state high school equivalency diploma, subsequently 8 applied for attendance at the institution of higher education for the 9 graduate study for which an award is sought, and attended the institu- 10 tion of higher education for the graduate study for which an award is 11 sought within ten years of receiving a state high school equivalency 12 diploma; or 13 (c) is otherwise eligible for the payment of tuition and fees at a 14 rate no greater than that imposed for resident students of the state 15 university of New York, the city university of New York or community 16 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 17 sion two of section three hundred fifty-five or paragraph (a) of subdi- 18 vision seven of section six thousand two hundred six of this chapter. 19 Provided, further, that a student without lawful immigration status 20 shall also be required to file an affidavit with such institution of 21 higher education stating that the student has filed an application to 22 legalize his or her immigration status, or will file such an application 23 as soon as he or she is eligible to do so. 24 § 5. Paragraph d of subdivision 5 of section 661 of the education law, 25 as amended by chapter 844 of the laws of 1975, is amended to read as 26 follows: 27 d. If an applicant for an award allocated on a geographic basis has 28 more than one residence in this state, his or her residence for the 29 purpose of this article shall be his or her place of actual residence 30 during the major part of the year while attending school, as determined 31 by the commissioner; and further provided that an applicant who does not 32 have a residence in this state and is eligible for an award pursuant to 33 subparagraph (ii) of paragraph a or subparagraph (ii) of paragraph b of 34 this subdivision shall be deemed to reside in the geographic area of the 35 institution of higher education in which he or she attends for purposes 36 of an award allocated on a geographic basis. 37 § 6. Paragraph e of subdivision 5 of section 661 of the education law, 38 as added by chapter 630 of the laws of 2005, is amended to read as 39 follows: 40 e. Notwithstanding any other provision of this article to the contra- 41 ry, the New York state [residency] eligibility [requirement] require- 42 ments for receipt of awards [is] set forth in paragraphs a and b of this 43 subdivision are waived for a member, or the spouse or dependent of a 44 member, of the armed forces of the United States on full-time active 45 duty and stationed in this state. 46 § 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- 47 sion 2 of section 355 of the education law, as added by chapter 327 of 48 the laws of 2002, are amended to read as follows: 49 (i) attended an approved New York high school for two or more years, 50 graduated from an approved New York high school, lived continuously in 51 New York state while attending an approved New York high school, and 52 applied for attendance [at] and attended an institution or educational 53 unit of the state university within five years of receiving a New York 54 state high school diploma; or 55 (ii) attended an approved New York state program for general equiv- 56 alency diploma exam preparation, received a general equivalency diplomaS. 7506 51 A. 9506 1 issued within New York state, lived continuously in New York state while 2 attending an approved New York state program for general equivalency 3 diploma exam preparation, and subsequently applied for attendance [at], 4 earned admission based on that general equivalency diploma, and attended 5 an institution or educational unit of the state university within five 6 years of receiving a general equivalency diploma issued within New York 7 state; or 8 § 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of 9 section 6206 of the education law, as amended by chapter 260 of the laws 10 of 2011, are amended to read as follows: 11 (i) attended an approved New York high school for two or more years, 12 graduated from an approved New York high school, lived continuously in 13 New York state while attending an approved New York high school, and 14 applied for attendance [at] and attended an institution or educational 15 unit of the city university within five years of receiving a New York 16 state high school diploma; or 17 (ii) attended an approved New York state program for general equiv- 18 alency diploma exam preparation, received a general equivalency diploma 19 issued within New York state, lived continuously in New York state while 20 attending an approved New York state program for general equivalency 21 diploma exam preparation, and subsequently applied for attendance [at], 22 earned admission based on that general equivalency diploma, and attended 23 an institution or educational unit of the city university within five 24 years of receiving a general equivalency diploma issued within New York 25 state; or 26 § 9. Paragraph (a) of subdivision 7 of section 6206 of the education 27 law, as amended by chapter 327 of the laws of 2002, the opening para- 28 graph as amended by section 4 of chapter 437 of the laws of 2015, is 29 amended to read as follows: 30 (a) The board of trustees shall establish positions, departments, 31 divisions and faculties; appoint and in accordance with the provisions 32 of law fix salaries of instructional and non-instructional employees 33 therein; establish and conduct courses and curricula; prescribe condi- 34 tions of student admission, attendance and discharge; and shall have the 35 power to determine in its discretion whether tuition shall be charged 36 and to regulate tuition charges, and other instructional and non-in- 37 structional fees and other fees and charges at the educational units of 38 the city university. The trustees shall review any proposed community 39 college tuition increase and the justification for such increase. The 40 justification provided by the community college for such increase shall 41 include a detailed analysis of ongoing operating costs, capital, debt 42 service expenditures, and all revenues. The trustees shall not impose a 43 differential tuition charge based upon need or income. All students 44 enrolled in programs leading to like degrees at the senior colleges 45 shall be charged a uniform rate of tuition, except for differential 46 tuition rates based on state residency. Notwithstanding any other 47 provision of this paragraph, the trustees may authorize the setting of a 48 separate category of tuition rate, that shall be greater than the 49 tuition rate for resident students and less than the tuition rate for 50 non-resident students, only for students enrolled in distance learning 51 courses who are not residents of the state. The trustees shall further 52 provide that the payment of tuition and fees by any student who is not a 53 resident of New York state, other than a non-immigrant alien within the 54 meaning of paragraph (15) of subsection (a) of section 1101 of title 8 55 of the United States Code, shall be paid at a rate or charge no greaterS. 7506 52 A. 9506 1 than that imposed for students who are residents of the state if such 2 student: 3 (i) attended an approved New York high school for two or more years, 4 graduated from an approved New York high school, lived continuously in 5 New York state while attending an approved New York high school, and 6 applied for attendance [at] and attended an institution or educational 7 unit of the city university within five years of receiving a New York 8 state high school diploma; or 9 (ii) attended an approved New York state program for general equiv- 10 alency diploma exam preparation, received a general equivalency diploma 11 issued within New York state, lived continuously in New York state while 12 attending an approved New York state program for general equivalency 13 diploma exam preparation, and subsequently applied for attendance [at], 14 earned admission based on that general equivalency diploma, and attended 15 an institution or educational unit of the city university within five 16 years of receiving a general equivalency diploma issued within New York 17 state; or 18 (iii) was enrolled in an institution or educational unit of the city 19 university in the fall semester or quarter of the two thousand one--two 20 thousand two academic year and was authorized by such institution or 21 educational unit to pay tuition at the rate or charge imposed for 22 students who are residents of the state. 23 A student without lawful immigration status shall also be required to 24 file an affidavit with such institution or educational unit stating that 25 the student has filed an application to legalize his or her immigration 26 status, or will file such an application as soon as he or she is eligi- 27 ble to do so. The trustees shall not adopt changes in tuition charges 28 prior to the enactment of the annual budget. The board of trustees may 29 accept as partial reimbursement for the education of veterans of the 30 armed forces of the United States who are otherwise qualified such sums 31 as may be authorized by federal legislation to be paid for such educa- 32 tion. The board of trustees may conduct on a fee basis extension courses 33 and courses for adult education appropriate to the field of higher 34 education. In all courses and courses of study it may, in its 35 discretion, require students to pay library, laboratory, locker, break- 36 age and other instructional and non-instructional fees and meet the cost 37 of books and consumable supplies. In addition to the foregoing fees and 38 charges, the board of trustees may impose and collect fees and charges 39 for student government and other student activities and receive and 40 expend them as agent or trustee. 41 § 10. Subdivision 5 of section 6301 of the education law, as amended 42 by chapter 327 of the laws of 2002, is amended to read as follows: 43 5. "Resident." A person who has resided in the state for a period of 44 at least one year and in the county, city, town, intermediate school 45 district, school district or community college region, as the case may 46 be, for a period of at least six months, both immediately preceding the 47 date of such person's registration in a community college or, for the 48 purposes of section sixty-three hundred five of this article, his or her 49 application for a certificate of residence; provided, however, that this 50 term shall include any student who is not a resident of New York state, 51 other than a non-immigrant alien within the meaning of paragraph (15) of 52 subsection (a) of section 1101 of title 8 of the United States Code, if 53 such student: 54 (i) attended an approved New York high school for two or more years, 55 graduated from an approved New York high school, lived continuously in 56 New York state while attending an approved New York high school, andS. 7506 53 A. 9506 1 applied for attendance [at an institution or educational unit of the2state university] and attended a community college within five years of 3 receiving a New York state high school diploma; or 4 (ii) attended an approved New York state program for general equiv- 5 alency diploma exam preparation, received a general equivalency diploma 6 issued within New York state, lived continuously in New York state while 7 attending an approved New York state program for general equivalency 8 diploma exam preparation, and subsequently applied for attendance [at an9institution or educational unit of the state university], earned admis- 10 sion based on that general equivalency diploma, and attended a community 11 college within five years of receiving a general equivalency diploma 12 issued within New York state; or 13 (iii) was enrolled in [an institution or educational unit of the state14university] a community college in the fall semester or quarter of the 15 two thousand one--two thousand two academic year and was authorized by 16 such [institution or educational unit] community college to pay tuition 17 at the rate or charge imposed for students who are residents of the 18 state. 19 Provided, further, that a student without lawful immigration status 20 shall also be required to file an affidavit with such [institution or21educational unit] community college stating that the student has filed 22 an application to legalize his or her immigration status, or will file 23 such an application as soon as he or she is eligible to do so. 24 In the event that a person qualified as above for state residence, but 25 has been a resident of two or more counties in the state during the six 26 months immediately preceding his or her application for a certificate of 27 residence pursuant to section sixty-three hundred five of this [chapter] 28 article, the charges to the counties of residence shall be allocated 29 among the several counties proportional to the number of months, or 30 major fraction thereof, of residence in each county. 31 § 11. Paragraph d of subdivision 3 of section 6451 of the education 32 law, as amended by chapter 494 of the laws of 2016, is amended to read 33 as follows: 34 d. Any necessary supplemental financial assistance, which may include 35 the cost of books and necessary maintenance for such enrolled students, 36 including students without lawful immigration status provided that the 37 student meets the requirements set forth in subparagraph (ii) of para- 38 graph a or subparagraph (ii) of paragraph b of subdivision five of 39 section six hundred sixty-one of this chapter, as applicable; provided, 40 however, that such supplemental financial assistance shall be furnished 41 pursuant to criteria promulgated by the commissioner with the approval 42 of the director of the budget; 43 § 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452 44 of the education law, as added by chapter 917 of the laws of 1970, is 45 amended to read as follows: 46 (v) Any necessary supplemental financial assistance, which may include 47 the cost of books and necessary maintenance for such students, including 48 students without lawful immigration status provided that the student 49 meets the requirements set forth in subparagraph (ii) of paragraph a or 50 subparagraph (ii) of paragraph b of subdivision five of section six 51 hundred sixty-one of this chapter, as applicable; provided, however, 52 that such supplemental financial assistance shall be furnished pursuant 53 to criteria promulgated by such universities and approved by the regents 54 and the director of the budget.S. 7506 54 A. 9506 1 § 13. Paragraph (a) of subdivision 2 of section 6455 of the education 2 law, as added by chapter 285 of the laws of 1986, is amended to read as 3 follows: 4 (a) (i) Undergraduate science and technology entry program moneys may 5 be used for tutoring, counseling, remedial and special summer courses, 6 supplemental financial assistance, program administration, and other 7 activities which the commissioner may deem appropriate. To be eligible 8 for undergraduate collegiate science and technology entry program 9 support, a student must be a resident of New York [who is], or meet the 10 requirements of subparagraph (ii) of this paragraph, and must be either 11 economically disadvantaged or from a minority group historically under 12 represented in the scientific, technical, health and health-related 13 professions, and [who demonstrates] must demonstrate interest in and a 14 potential for a professional career if provided special services. Eligi- 15 ble students must be in good academic standing, enrolled full time in an 16 approved, undergraduate level program of study, as defined by the 17 regents. 18 (ii) An applicant who is not a legal resident of the state eligible 19 pursuant to subparagraph (i) of this paragraph, but is a United States 20 citizen, an alien lawfully admitted for permanent residence in the 21 United States, an individual of a class of refugees paroled by the 22 attorney general of the United States under his or her parole authority 23 pertaining to the admission of aliens to the United States, or an appli- 24 cant without lawful immigration status shall be eligible for an award at 25 the undergraduate level of study provided that the student: 26 (A) attended a registered New York state high school for two or more 27 years, graduated from a registered New York state high school, lived 28 continuously in New York state while attending an approved New York 29 state high school, applied for attendance at the institution of higher 30 education for the undergraduate study for which an award is sought, and 31 attended within five years of receiving a New York state high school 32 diploma; or 33 (B) attended an approved New York state program for a state high 34 school equivalency diploma, lived continuously in New York state while 35 attending an approved New York state program for a general equivalency 36 diploma, received a state high school equivalency diploma, subsequently 37 applied for attendance at the institution of higher education for the 38 undergraduate study for which an award is sought, earned admission based 39 on that general equivalency diploma, and attended the institution of 40 higher education for the undergraduate study for which an award is 41 sought within five years of receiving a state high school equivalency 42 diploma; or 43 (C) is otherwise eligible for the payment of tuition and fees at a 44 rate no greater than that imposed for resident students of the state 45 university of New York, the city university of New York or community 46 colleges as prescribed in subparagraph eight of paragraph h of subdivi- 47 sion two of section three hundred fifty-five or paragraph (a) of subdi- 48 vision seven of section six thousand two hundred six of this chapter. 49 Provided, further, that a student without lawful immigration status 50 shall also be required to file an affidavit with such institution of 51 higher education stating that the student has filed an application to 52 legalize his or her immigration status, or will file such an application 53 as soon as he or she is eligible to do so. 54 § 14. Paragraph (a) of subdivision 3 of section 6455 of the education 55 law, as added by chapter 285 of the laws of 1986, is amended to read as 56 follows:S. 7506 55 A. 9506 1 (a) (i) Graduate science and technology entry program moneys may be 2 used for recruitment, academic enrichment, career planning, supplemental 3 financial assistance, review for licensing examinations, program admin- 4 istration, and other activities which the commissioner may deem appro- 5 priate. To be eligible for graduate collegiate science and technology 6 entry program support, a student must be a resident of New York [who7is], or meet the requirements of subparagraph (ii) of this paragraph, 8 and must be either economically disadvantaged or from a minority group 9 historically underrepresented in the scientific, technical and health- 10 related professions. Eligible students must be in good academic stand- 11 ing, enrolled full time in an approved graduate level program, as 12 defined by the regents. 13 (ii) An applicant who is not a legal resident of the state eligible 14 pursuant to subparagraph (i) of this paragraph, but is a United States 15 citizen, an alien lawfully admitted for permanent residence in the 16 United States, an individual of a class of refugees paroled by the 17 attorney general of the United States under his or her parole authority 18 pertaining to the admission of aliens to the United States, or an appli- 19 cant without lawful immigration status shall be eligible for an award at 20 the graduate level of study provided that the student: 21 (A) attended a registered New York state high school for two or more 22 years, graduated from a registered New York state high school, lived 23 continuously in New York state while attending an approved New York 24 state high school, applied for attendance at the institution of higher 25 education for the graduate study for which an award is sought, and 26 attended within ten years of receiving a New York state high school 27 diploma; or 28 (B) attended an approved New York state program for a state high 29 school equivalency diploma, lived continuously in New York state while 30 attending an approved New York state program for a general equivalency 31 diploma, received a state high school equivalency diploma, subsequently 32 applied for attendance at the institution of higher education for the 33 graduate study for which an award is sought, and attended the institu- 34 tion of higher education for the graduate study for which an award is 35 sought within ten years of receiving a state high school equivalency 36 diploma; or 37 (C) is otherwise eligible for the payment of tuition and fees at a 38 rate no greater than that imposed for resident students of the state 39 university of New York, the city university of New York or community 40 college as prescribed in subparagraph eight of paragraph h of subdivi- 41 sion two of section three hundred fifty-five or paragraph (a) of subdi- 42 vision seven of section six thousand two hundred six of this chapter. 43 Provided, further, that a student without lawful immigration status 44 shall also be required to file an affidavit with such institution of 45 higher education stating that the student has filed an application to 46 legalize his or her immigration status, or will file such an application 47 as soon as he or she is eligible to do so. 48 § 15. Subparagraph (i) of paragraph a of subdivision 2 of section 49 695-e of the education law, as amended by chapter 593 of the laws of 50 2003, is amended to read as follows: 51 (i) the name, address and social security number [or], employer iden- 52 tification number, or individual taxpayer identification number of the 53 account owner unless a family tuition account that was in effect prior 54 to the effective date of the chapter of the laws of two thousand eigh- 55 teen that amended this subparagraph does not allow for a taxpayer iden-S. 7506 56 A. 9506 1 tification number, in which case a taxpayer identification number shall 2 be allowed upon the expiration of the contract; 3 § 16. Subparagraph (iii) of paragraph a of subdivision 2 of section 4 695-e of the education law, as amended by chapter 593 of the laws of 5 2003, is amended to read as follows: 6 (iii) the name, address, and social security number, employer iden- 7 tification number, or individual taxpayer identification number of the 8 designated beneficiary, unless a family tuition account that was in 9 effect prior to the effective date of the chapter of the laws of two 10 thousand eighteen that amended this subparagraph does not allow for a 11 taxpayer identification number, in which case a taxpayer identification 12 number shall be allowed upon the expiration of the contract; and 13 § 17. The president of the higher education services corporation shall 14 establish an application form and procedures that shall allow a student 15 applicant that meets the requirements set forth in subparagraph (ii) of 16 paragraph a or subparagraph (ii) of paragraph b of subdivision 5 of 17 section 661 of the education law to apply directly to the higher educa- 18 tion services corporation for applicable awards without having to submit 19 information to any other state or federal agency. All information 20 contained with the applications filed with such corporation shall be 21 deemed confidential, except that the corporation shall be entitled to 22 release information to participating institutions as necessary for the 23 administration of financial aid programs and to the extent required 24 pursuant to article 6 of the public officers law or otherwise required 25 by law. 26 § 18. The higher education services corporation is authorized to 27 promulgate rules and regulations, and may promulgate emergency regu- 28 lations, necessary for the implementation of the provisions of this act. 29 § 19. This act shall take effect on the ninetieth day after the issu- 30 ance of regulations and the development of an application form by the 31 president of the higher education services corporation or on the nineti- 32 eth day after it shall have become a law, whichever shall be later; 33 provided, however, that: 34 a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of 35 subdivision 7 of section 6206 of the education law made by section eight 36 of this act shall not affect the expiration of such paragraph and shall 37 be deemed to expire therewith, when upon such date the provisions of 38 section nine of this act shall take effect; and 39 b. the president of the higher education services corporation shall 40 notify the legislative bill drafting commission upon the occurrence of 41 the issuance of regulations and the development of an application form 42 provided for in this section in order that the commission may maintain 43 an accurate and timely effective data base of the official text of the 44 laws of the state of New York in furtherance of effectuating the 45 provisions of section 44 of the legislative law and section 70-b of the 46 public officers law. 47 PART F 48 Section 1. Section 7408 of the education law is amended by adding a 49 new subdivision 6 to read as follows: 50 6. Notwithstanding any other provision of law, any firm established to 51 lawfully engage in the practice of public accountancy pursuant to arti- 52 cle fifteen of the business corporation law, articles one and eight-B of 53 the partnership law, or articles twelve and thirteen of the limitedS. 7506 57 A. 9506 1 liability company law shall be deemed eligible to register pursuant to 2 this section. 3 § 2. Section 1503 of the business corporation law is amended by adding 4 a new paragraph (h) to read as follows: 5 (h) Any firm established for the business purpose of incorporating as 6 a professional service corporation formed to lawfully engage in the 7 practice of public accountancy, as such practice is respectively defined 8 under article one hundred forty-nine of the education law shall be 9 required to show (1) that a simple majority of the ownership of the 10 firm, in terms of financial interests, including ownership-based compen- 11 sation, and voting rights held by the firm's owners, belongs to individ- 12 uals licensed to practice public accountancy in some state, and (2) that 13 all shareholders of a professional service corporation whose principal 14 place of business is in this state, and who are engaged in the practice 15 of public accountancy in this state, hold a valid license issued under 16 section seventy-four hundred four of the education law or are public 17 accountants licensed under section seventy-four hundred five of the 18 education law. Although firms may include non-licensee owners, the firm 19 and its owners must comply with rules promulgated by the state board of 20 regents. Notwithstanding the provisions of this paragraph, a firm 21 incorporated under this section may not have non-licensee owners if the 22 firm's name includes the words "certified public accountant," or "certi- 23 fied public accountants," or the abbreviations "CPA" or "CPAs". Each 24 non-licensee owner of a firm that is incorporated under this section 25 shall be a natural person who actively participates in the business of 26 the firm or its affiliated entities. For purposes of this subdivision, 27 "actively participate" means to provide services to clients or to other- 28 wise individually take part in the day-to-day business or management of 29 the firm. Such a firm shall have attached to its certificate of incorpo- 30 ration a certificate or certificates demonstrating the firm's compliance 31 with this paragraph, in lieu of the certificate or certificates required 32 by subparagraph (ii) of paragraph (b) of this section. 33 § 3. Section 1507 of the business corporation law is amended by adding 34 a new paragraph (c) to read as follows: 35 (c) Any firm established for the business purpose of incorporating as 36 a professional service corporation pursuant to paragraph (h) of section 37 fifteen hundred three of this article may issue shares to individuals 38 who are authorized by law to practice in this state a profession which 39 such corporation is authorized to practice and who are or have been 40 engaged in the practice of such profession in such corporation or a 41 predecessor entity, or who will engage in the practice of such profes- 42 sion in such corporation within thirty days of the date such shares are 43 issued and may also issue shares to employees of the corporation not 44 licensed as certified public accountants, provided that: 45 (i) at least fifty-one percent of the outstanding shares of stock of 46 the corporation are owned by certified public accountants, 47 (ii) at least fifty-one percent of the directors are certified public 48 accountants, 49 (iii) at least fifty-one percent of the officers are certified public 50 accountants, 51 (iv) the president, the chairperson of the board of directors and the 52 chief executive officer or officers are certified public accountants. 53 No shareholder of a firm established for the business purpose of incor- 54 porating as a professional service corporation pursuant to paragraph (h) 55 of section fifteen hundred three of this article shall enter into a 56 voting trust agreement, proxy or any other type of agreement vesting inS. 7506 58 A. 9506 1 another person, other than another shareholder of the same corporation, 2 the authority to exercise voting power of any or all of his or her 3 shares. All shares issued, agreements made or proxies granted in 4 violation of this section shall be void. 5 § 4. Section 1508 of the business corporation law is amended by adding 6 a new paragraph (c) to read as follows: 7 (c) The directors and officers of any firm established for the busi- 8 ness purpose of incorporating as a professional service corporation 9 pursuant to paragraph (h) of section fifteen hundred three of this arti- 10 cle may include individuals who are not licensed to practice public 11 accountancy, provided however that at least fifty-one percent of the 12 directors, at least fifty-one percent of the officers and the president, 13 the chairperson of the board of directors and the chief executive offi- 14 cer or officers are authorized by law to practice in this state a 15 profession which such corporation is authorized to practice, and are 16 either shareholders of such corporation or engaged in the practice of 17 their professions in such corporation. 18 § 5. Section 1509 of the business corporation law, as amended by chap- 19 ter 550 of the laws of 2011, is amended to read as follows: 20 § 1509. Disqualification of shareholders, directors, officers and 21 employees. 22 If any shareholder, director, officer or employee of a professional 23 service corporation, including a design professional service corpo- 24 ration, or any firm established for the business purpose of incorporat- 25 ing as a professional service corporation pursuant to paragraph (h) of 26 section fifteen hundred three of this article, who has been rendering 27 professional service to the public becomes legally disqualified to prac- 28 tice his profession within this state, he shall sever all employment 29 with, and financial interests (other than interests as a creditor) in, 30 such corporation forthwith or as otherwise provided in section 1510 of 31 this article. All provisions of law regulating the rendering of profes- 32 sional services by a person elected or appointed to a public office 33 shall be applicable to a shareholder, director, officer and employee of 34 such corporation in the same manner and to the same extent as if fully 35 set forth herein. Such legal disqualification to practice his profession 36 within this state shall be deemed to constitute an irrevocable offer by 37 the disqualified shareholder to sell his shares to the corporation, 38 pursuant to the provisions of section 1510 of this article or of the 39 certificate of incorporation, by-laws or agreement among the corporation 40 and all shareholders, whichever is applicable. Compliance with the terms 41 of such offer shall be specifically enforceable in the courts of this 42 state. A professional service corporation's failure to enforce compli- 43 ance with this provision shall constitute a ground for forfeiture of its 44 certificate of incorporation and its dissolution. 45 § 6. Paragraph (a) of section 1511 of the business corporation law, as 46 amended by chapter 550 of the laws of 2011, is amended and a new para- 47 graph (c) is added to read as follows: 48 (a) No shareholder of a professional service corporation [or], includ- 49 ing a design professional service corporation, or any firm established 50 for the business purpose of incorporating as a professional service 51 corporation pursuant to paragraph (h) of section fifteen hundred three 52 of this article, may sell or transfer his shares in such corporation 53 except to another individual who is eligible to have shares issued to 54 him by such corporation or except in trust to another individual who 55 would be eligible to receive shares if he were employed by the corpo- 56 ration. Nothing herein contained shall be construed to prohibit theS. 7506 59 A. 9506 1 transfer of shares by operation of law or by court decree. No transfer- 2 ee of shares by operation of law or court decree may vote the shares for 3 any purpose whatsoever except with respect to corporate action under 4 sections 909 and 1001 of this chapter. The restriction in the preceding 5 sentence shall not apply, however, where such transferee would be eligi- 6 ble to have shares issued to him if he were an employee of the corpo- 7 ration and, if there are other shareholders, a majority of such other 8 shareholders shall fail to redeem the shares so transferred, pursuant to 9 section 1510 of this article, within sixty days of receiving written 10 notice of such transfer. Any sale or transfer, except by operation of 11 law or court decree or except for a corporation having only one share- 12 holder, may be made only after the same shall have been approved by the 13 board of directors, or at a shareholders' meeting specially called for 14 such purpose by such proportion, not less than a majority, of the 15 outstanding shares as may be provided in the certificate of incorpo- 16 ration or in the by-laws of such professional service corporation. At 17 such shareholders' meeting the shares held by the shareholder proposing 18 to sell or transfer his shares may not be voted or counted for any 19 purpose, unless all shareholders consent that such shares be voted or 20 counted. The certificate of incorporation or the by-laws of the profes- 21 sional service corporation, or the professional service corporation and 22 the shareholders by private agreement, may provide, in lieu of or in 23 addition to the foregoing provisions, for the alienation of shares and 24 may require the redemption or purchase of such shares by such corpo- 25 ration at prices and in a manner specifically set forth therein. The 26 existence of the restrictions on the sale or transfer of shares, as 27 contained in this article and, if applicable, in the certificate of 28 incorporation, by-laws, stock purchase or stock redemption agreement, 29 shall be noted conspicuously on the face or back of every certificate 30 for shares issued by a professional service corporation. Any sale or 31 transfer in violation of such restrictions shall be void. 32 (c) A firm established for the business purpose of incorporating as a 33 professional service corporation pursuant to paragraph (h) of section 34 fifteen hundred three of this article, shall purchase or redeem the 35 shares of a non-licensed professional shareholder in the case of his or 36 her termination of employment within thirty days after such termination. 37 A firm established for the business purpose of incorporating as a 38 professional service corporation pursuant to paragraph (h) of section 39 fifteen hundred three of this article, shall not be required to purchase 40 or redeem the shares of a terminated non-licensed professional share- 41 holder if such shares, within thirty days after such termination, are 42 sold or transferred to another employee of the corporation pursuant to 43 this article. 44 § 7. Paragraph (a) of section 1512 of the business corporation law, as 45 amended by chapter 550 of the laws of 2011, is amended to read as 46 follows: 47 (a) Notwithstanding any other provision of law, the name of a profes- 48 sional service corporation, including a design professional service 49 corporation and any firm established for the business purpose of incor- 50 porating as a professional service corporation pursuant to paragraph (h) 51 of section fifteen hundred three of this article, may contain any word 52 which, at the time of incorporation, could be used in the name of a 53 partnership practicing a profession which the corporation is authorized 54 to practice, and may not contain any word which could not be used by 55 such a partnership. Provided, however, the name of a professional 56 service corporation may not contain the name of a deceased person unlessS. 7506 60 A. 9506 1 (1) such person's name was part of the corporate name at the time of 2 such person's death; or 3 (2) such person's name was part of the name of an existing partnership 4 and at least two-thirds of such partnership's partners become sharehold- 5 ers of the corporation. 6 § 8. Section 1514 of the business corporation law is amended by adding 7 a new paragraph (c) to read as follows: 8 (c) Each firm established for the business purpose of incorporating as 9 a professional service corporation pursuant to paragraph (h) of section 10 fifteen hundred three of this article shall, at least once every three 11 years on or before the date prescribed by the licensing authority, 12 furnish a statement to the licensing authority listing the names and 13 residence addresses of each shareholder, director and officer of such 14 corporation and certify as the date of certification and at all times 15 over the entire three year period that: 16 (i) at least fifty-one percent of the outstanding shares of stock of 17 the corporation are and were owned by certified public accountants, 18 (ii) at least fifty-one percent of the directors are and were certi- 19 fied public accountants, 20 (iii) at least fifty-one percent of the officers are and were certi- 21 fied public accountants, 22 (iv) the president, the chairperson of the board of directors and the 23 chief executive officer or officers are and were certified public 24 accountants. 25 The statement shall be signed by the president or any certified public 26 accountant vice-president and attested to by the secretary or any 27 assistant secretary of the corporation. 28 § 9. Paragraph (d) of section 1525 of the business corporation law, as 29 added by chapter 505 of the laws of 1983, is amended to read as follows: 30 (d) "Foreign professional service corporation" means a professional 31 service corporation, whether or not denominated as such, organized under 32 the laws of a jurisdiction other than this state, all of the sharehold- 33 ers, directors and officers of which are authorized and licensed to 34 practice the profession for which such corporation is licensed to do 35 business; except that all shareholders, directors and officers of a 36 foreign professional service corporation which provides health services 37 in this state shall be licensed in this state. Notwithstanding any other 38 provision of law a foreign professional service corporation formed to 39 lawfully engage in the practice of public accountancy, as such practice 40 is defined under article one hundred forty-nine of the education law, or 41 equivalent state law, shall be required to show (1) that a simple major- 42 ity of the ownership of the firm, in terms of financial interests, 43 including ownership-based compensation, and voting rights held by the 44 firm's owners, belongs to individuals licensed to practice public 45 accountancy in some state, and (2) that all shareholders of a foreign 46 professional service corporation whose principal place of business is in 47 this state, and who are engaged in the practice of public accountancy in 48 this state, hold a valid license issued under section seventy-four 49 hundred four of the education law or are public accountants licensed 50 under section seventy-four hundred five of the education law. Although 51 firms may include non-licensee owners, the firm and its owners must 52 comply with rules promulgated by the state board of regents. Notwith- 53 standing the foregoing, a firm registered under this section may not 54 have non-licensee owners if the firm's name includes the words "certi- 55 fied public accountant," or "certified public accountants," or the 56 abbreviations "CPA" or "CPAs." Each non-licensee owner of a firm that isS. 7506 61 A. 9506 1 operating under this section shall be a natural person who actively 2 participates in the business of the firm or its affiliated entities, 3 provided each beneficial owner of an equity interest in such entity is a 4 natural person who actively participates in the business conducted by 5 the firm or its affiliated entities. For purposes of this subdivision, 6 "actively participate" means to provide services to clients or to other- 7 wise individually take part in the day-to-day business or management of 8 the firm. 9 § 10. Subdivision (q) of section 121-1500 of the partnership law, as 10 amended by chapter 475 of the laws of 2014, is amended to read as 11 follows: 12 (q) Each partner of a registered limited liability partnership formed 13 to provide medical services in this state must be licensed pursuant to 14 article 131 of the education law to practice medicine in this state and 15 each partner of a registered limited liability partnership formed to 16 provide dental services in this state must be licensed pursuant to arti- 17 cle 133 of the education law to practice dentistry in this state. Each 18 partner of a registered limited liability partnership formed to provide 19 veterinary services in this state must be licensed pursuant to article 20 135 of the education law to practice veterinary medicine in this state. 21 Each partner of a registered limited liability partnership formed to 22 provide public accountancy services, whose principal place of business 23 is in this state and who provides public accountancy services, must be 24 licensed pursuant to article 149 of the education law to practice public 25 accountancy in this state. Each partner of a registered limited liabil- 26 ity partnership formed to provide professional engineering, land survey- 27 ing, geological services, architectural and/or landscape architectural 28 services in this state must be licensed pursuant to article 145, article 29 147 and/or article 148 of the education law to practice one or more of 30 such professions in this state. Each partner of a registered limited 31 liability partnership formed to provide licensed clinical social work 32 services in this state must be licensed pursuant to article 154 of the 33 education law to practice clinical social work in this state. Each part- 34 ner of a registered limited liability partnership formed to provide 35 creative arts therapy services in this state must be licensed pursuant 36 to article 163 of the education law to practice creative arts therapy in 37 this state. Each partner of a registered limited liability partnership 38 formed to provide marriage and family therapy services in this state 39 must be licensed pursuant to article 163 of the education law to prac- 40 tice marriage and family therapy in this state. Each partner of a regis- 41 tered limited liability partnership formed to provide mental health 42 counseling services in this state must be licensed pursuant to article 43 163 of the education law to practice mental health counseling in this 44 state. Each partner of a registered limited liability partnership formed 45 to provide psychoanalysis services in this state must be licensed pursu- 46 ant to article 163 of the education law to practice psychoanalysis in 47 this state. Each partner of a registered limited liability partnership 48 formed to provide applied behavior analysis service in this state must 49 be licensed or certified pursuant to article 167 of the education law to 50 practice applied behavior analysis in this state. Notwithstanding any 51 other provisions of law a limited liability partnership formed to 52 lawfully engage in the practice of public accountancy, as such practice 53 is respectively defined under article 149 of the education law, shall be 54 required to show (1) that a simple majority of the ownership of the 55 firm, in terms of financial interests, including ownership-based compen- 56 sation, and voting rights held by the firm's owners, belongs to individ-S. 7506 62 A. 9506 1 uals licensed to practice public accountancy in some state, and (2) that 2 all partners of a limited liability partnership whose principal place of 3 business is in this state, and who are engaged in the practice of public 4 accountancy in this state, hold a valid license issued under section 5 7404 of the education law or are public accountants licensed under 6 section 7405 of the education law. Although firms may include non-licen- 7 see owners, the firm and its owners must comply with rules promulgated 8 by the state board of regents. Notwithstanding the foregoing, a firm 9 registered under this section may not have non-licensee owners if the 10 firm's name includes the words "certified public accountant," or "certi- 11 fied public accounts," or the abbreviations "CPA" or "CPAs." Each non- 12 licensee owner of a firm that is incorporated under this section shall 13 be (1) a natural person who actively participates in the business of the 14 firm or its affiliated entities, or (2) an entity, including, but not 15 limited to, a partnership or professional corporation, provided each 16 beneficial owner of an equity interest in such entity is a natural 17 person who actively participates in the business conducted by the firm 18 or its affiliated entities. For purposes of this subdivision, "actively 19 participate" means to provide services to clients or to otherwise indi- 20 vidually take part in the day-to-day business or management of the firm. 21 § 11. Subdivision (q) of section 121-1502 of the partnership law, as 22 amended by chapter 475 of the laws of 2014, is amended to read as 23 follows: 24 (q) Each partner of a foreign limited liability partnership which 25 provides medical services in this state must be licensed pursuant to 26 article 131 of the education law to practice medicine in the state and 27 each partner of a foreign limited liability partnership which provides 28 dental services in the state must be licensed pursuant to article 133 of 29 the education law to practice dentistry in this state. Each partner of a 30 foreign limited liability partnership which provides veterinary service 31 in the state shall be licensed pursuant to article 135 of the education 32 law to practice veterinary medicine in this state. Each partner of a 33 foreign limited liability partnership which provides professional engi- 34 neering, land surveying, geological services, architectural and/or land- 35 scape architectural services in this state must be licensed pursuant to 36 article 145, article 147 and/or article 148 of the education law to 37 practice one or more of such professions. Each partner of a foreign 38 registered limited liability partnership formed to provide public 39 accountancy services, whose principal place of business is in this state 40 and who provides public accountancy services, must be licensed pursuant 41 to article 149 of the education law to practice public accountancy in 42 this state. Each partner of a foreign limited liability partnership 43 which provides licensed clinical social work services in this state must 44 be licensed pursuant to article 154 of the education law to practice 45 licensed clinical social work in this state. Each partner of a foreign 46 limited liability partnership which provides creative arts therapy 47 services in this state must be licensed pursuant to article 163 of the 48 education law to practice creative arts therapy in this state. Each 49 partner of a foreign limited liability partnership which provides 50 marriage and family therapy services in this state must be licensed 51 pursuant to article 163 of the education law to practice marriage and 52 family therapy in this state. Each partner of a foreign limited liabil- 53 ity partnership which provides mental health counseling services in this 54 state must be licensed pursuant to article 163 of the education law to 55 practice mental health counseling in this state. Each partner of a 56 foreign limited liability partnership which provides psychoanalysisS. 7506 63 A. 9506 1 services in this state must be licensed pursuant to article 163 of the 2 education law to practice psychoanalysis in this state. Each partner of 3 a foreign limited liability partnership which provides applied behavior 4 analysis services in this state must be licensed or certified pursuant 5 to article 167 of the education law to practice applied behavior analy- 6 sis in this state. Notwithstanding any other provisions of law a 7 foreign limited liability partnership formed to lawfully engage in the 8 practice of public accountancy, as such practice is respectively defined 9 under article 149 of the education law, shall be required to show (1) 10 that a simple majority of the ownership of the firm, in terms of finan- 11 cial interests, including ownership-based compensation, and voting 12 rights held by the firm's owners, belongs to individuals licensed to 13 practice public accountancy in some state, and (2) that all partners of 14 a foreign limited liability partnership whose principal place of busi- 15 ness is in this state, and who are engaged in the practice of public 16 accountancy in this state, hold a valid licence issued under section 17 7404 of the education law or are public accountants licensed under 18 section 7405 of the education law. Although firms may include non-licen- 19 see owners, the firm and its owners must comply with rules promulgated 20 by the state board of regents. Notwithstanding the foregoing, a firm 21 registered under this section may not have non-licensee owners if the 22 firm's name includes the words "certified public accountant," or "certi- 23 fied public accountants," or the abbreviations "CPA" or "CPAs." Each 24 non-licensee owner of a firm that is incorporated under this section 25 shall be (1) a natural person who actively participates in the business 26 of the firm or its affiliated entities, or (2) an entity, including, but 27 not limited to, a partnership or professional corporation, provided each 28 beneficial owner of an equity interest in such entity is a natural 29 person who actively participates in the business conducted by the firm 30 or its affiliated entities. For purposes of this subdivision, "actively 31 participate" means to provide services to clients or to otherwise indi- 32 vidually take part in the day-to-day business or management of the firm. 33 § 12. Subdivision (h) of section 121-101 of the partnership law, as 34 added by chapter 950 of the laws of 1990, is amended to read as follows: 35 (h) "Limited partnership" and "domestic limited partnership" mean, 36 unless the context otherwise requires, a partnership (i) formed by two 37 or more persons pursuant to this article or which complies with subdivi- 38 sion (a) of section 121-1202 of this article and (ii) having one or more 39 general partners and one or more limited partners. Notwithstanding any 40 other provisions of law a limited partnership or domestic limited part- 41 nership formed to lawfully engage in the practice of public accountancy, 42 as such practice is respectively defined under article 149 of the educa- 43 tion law shall be required to show (1) that a simple majority of the 44 ownership of the firm, in terms of financial interests, including owner- 45 ship-based compensation, and voting rights held by the firm's owners, 46 belongs to individuals licensed to practice public accountancy in some 47 state, and (2) that all partners of a limited partnership or domestic 48 limited partnership, whose principal place of business is in this state, 49 and who are engaged in the practice of public accountancy in this state, 50 hold a valid license issued under section 7404 of the education law or 51 are public accountants licensed under section 7405 of the education law. 52 Although firms may include non-licensee owners, the firm and its owners 53 must comply with rules promulgated by the state board of regents. 54 Notwithstanding the foregoing, a firm registered under this section may 55 not have non-licensee owners if the firm's name includes the words 56 "certified public accountant," or "certified public accountants," or theS. 7506 64 A. 9506 1 abbreviations "CPA" or "CPAs." Each non-licensee owner of a firm that is 2 registered under this section shall be (1) a natural person who actively 3 participates in the business of the firm or its affiliated entities, or 4 (2) an entity, including, but not limited to, a partnership or profes- 5 sional corporation, provided each beneficial owner of an equity interest 6 in such entity is a natural person who actively participates in the 7 business conducted by the firm or its affiliated entities. For purposes 8 of this subdivision, "actively participate" means to provide services to 9 clients or to otherwise individually take part in the day-to-day busi- 10 ness or management of the firm. 11 § 13. Subdivision (b) of section 1207 of the limited liability company 12 law, as amended by chapter 475 of the laws of 2014, is amended to read 13 as follows: 14 (b) With respect to a professional service limited liability company 15 formed to provide medical services as such services are defined in arti- 16 cle 131 of the education law, each member of such limited liability 17 company must be licensed pursuant to article 131 of the education law to 18 practice medicine in this state. With respect to a professional service 19 limited liability company formed to provide dental services as such 20 services are defined in article 133 of the education law, each member of 21 such limited liability company must be licensed pursuant to article 133 22 of the education law to practice dentistry in this state. With respect 23 to a professional service limited liability company formed to provide 24 veterinary services as such services are defined in article 135 of the 25 education law, each member of such limited liability company must be 26 licensed pursuant to article 135 of the education law to practice veter- 27 inary medicine in this state. With respect to a professional service 28 limited liability company formed to provide professional engineering, 29 land surveying, architectural, landscape architectural and/or geological 30 services as such services are defined in article 145, article 147 and 31 article 148 of the education law, each member of such limited liability 32 company must be licensed pursuant to article 145, article 147 and/or 33 article 148 of the education law to practice one or more of such 34 professions in this state. With respect to a professional service 35 limited liability company formed to provide public accountancy services 36 as such services are defined in article 149 of the education law each 37 member of such limited liability company whose principal place of busi- 38 ness is in this state and who provides public accountancy services, must 39 be licensed pursuant to article 149 of the education law to practice 40 public accountancy in this state. With respect to a professional service 41 limited liability company formed to provide licensed clinical social 42 work services as such services are defined in article 154 of the educa- 43 tion law, each member of such limited liability company shall be 44 licensed pursuant to article 154 of the education law to practice 45 licensed clinical social work in this state. With respect to a profes- 46 sional service limited liability company formed to provide creative arts 47 therapy services as such services are defined in article 163 of the 48 education law, each member of such limited liability company must be 49 licensed pursuant to article 163 of the education law to practice crea- 50 tive arts therapy in this state. With respect to a professional service 51 limited liability company formed to provide marriage and family therapy 52 services as such services are defined in article 163 of the education 53 law, each member of such limited liability company must be licensed 54 pursuant to article 163 of the education law to practice marriage and 55 family therapy in this state. With respect to a professional service 56 limited liability company formed to provide mental health counselingS. 7506 65 A. 9506 1 services as such services are defined in article 163 of the education 2 law, each member of such limited liability company must be licensed 3 pursuant to article 163 of the education law to practice mental health 4 counseling in this state. With respect to a professional service limited 5 liability company formed to provide psychoanalysis services as such 6 services are defined in article 163 of the education law, each member of 7 such limited liability company must be licensed pursuant to article 163 8 of the education law to practice psychoanalysis in this state. With 9 respect to a professional service limited liability company formed to 10 provide applied behavior analysis services as such services are defined 11 in article 167 of the education law, each member of such limited liabil- 12 ity company must be licensed or certified pursuant to article 167 of the 13 education law to practice applied behavior analysis in this state. 14 Notwithstanding any other provisions of law a professional service 15 limited liability company formed to lawfully engage in the practice of 16 public accountancy, as such practice is respectively defined under arti- 17 cle 149 of the education law shall be required to show (1) that a simple 18 majority of the ownership of the firm, in terms of financial interests, 19 including ownership-based compensation, and voting rights held by the 20 firm's owners, belongs to individuals licensed to practice public 21 accountancy in some state, and (2) that all members of a limited profes- 22 sional service limited liability company, whose principal place of busi- 23 ness is in this state, and who are engaged in the practice of public 24 accountancy in this state, hold a valid license issued under section 25 7404 of the education law or are public accountants licensed under 26 section 7405 of the education law. Although firms may include non-licen- 27 see owners, the firm and its owners must comply with rules promulgated 28 by the state board of regents. Notwithstanding the foregoing, a firm 29 registered under this section may not have non-licensee owners if the 30 firm's name includes the words "certified public accountant," or "certi- 31 fied public accountants," or the abbreviations "CPA" or "CPAs." Each 32 non-licensee owner of a firm that is registered under this section shall 33 be (1) a natural person who actively participates in the business of the 34 firm or its affiliated entities, or (2) an entity, including, but not 35 limited to, a partnership or professional corporation, provided each 36 beneficial owner of an equity interest in such entity is a natural 37 person who actively participates in the business conducted by the firm 38 or its affiliated entities. For purposes of this subdivision, "actively 39 participate" means to provide services to clients or to otherwise indi- 40 vidually take part in the day-to-day business or management of the firm. 41 § 14. Subdivision (a) of section 1301 of the limited liability company 42 law, as amended by chapter 475 of the laws of 2014, is amended to read 43 as follows: 44 (a) "Foreign professional service limited liability company" means a 45 professional service limited liability company, whether or not denomi- 46 nated as such, organized under the laws of a jurisdiction other than 47 this state, (i) each of whose members and managers, if any, is a profes- 48 sional authorized by law to render a professional service within this 49 state and who is or has been engaged in the practice of such profession 50 in such professional service limited liability company or a predecessor 51 entity, or will engage in the practice of such profession in the profes- 52 sional service limited liability company within thirty days of the date 53 such professional becomes a member, or each of whose members and manag- 54 ers, if any, is a professional at least one of such members is author- 55 ized by law to render a professional service within this state and who 56 is or has been engaged in the practice of such profession in suchS. 7506 66 A. 9506 1 professional service limited liability company or a predecessor entity, 2 or will engage in the practice of such profession in the professional 3 service limited liability company within thirty days of the date such 4 professional becomes a member, or (ii) authorized by, or holding a 5 license, certificate, registration or permit issued by the licensing 6 authority pursuant to, the education law to render a professional 7 service within this state; except that all members and managers, if any, 8 of a foreign professional service limited liability company that 9 provides health services in this state shall be licensed in this state. 10 With respect to a foreign professional service limited liability company 11 which provides veterinary services as such services are defined in arti- 12 cle 135 of the education law, each member of such foreign professional 13 service limited liability company shall be licensed pursuant to article 14 135 of the education law to practice veterinary medicine. With respect 15 to a foreign professional service limited liability company which 16 provides medical services as such services are defined in article 131 of 17 the education law, each member of such foreign professional service 18 limited liability company must be licensed pursuant to article 131 of 19 the education law to practice medicine in this state. With respect to a 20 foreign professional service limited liability company which provides 21 dental services as such services are defined in article 133 of the 22 education law, each member of such foreign professional service limited 23 liability company must be licensed pursuant to article 133 of the educa- 24 tion law to practice dentistry in this state. With respect to a foreign 25 professional service limited liability company which provides profes- 26 sional engineering, land surveying, geologic, architectural and/or land- 27 scape architectural services as such services are defined in article 28 145, article 147 and article 148 of the education law, each member of 29 such foreign professional service limited liability company must be 30 licensed pursuant to article 145, article 147 and/or article 148 of the 31 education law to practice one or more of such professions in this state. 32 With respect to a foreign professional service limited liability company 33 which provides public accountancy services as such services are defined 34 in article 149 of the education law, each member of such foreign profes- 35 sional service limited liability company whose principal place of busi- 36 ness is in this state and who provides public accountancy services, 37 shall be licensed pursuant to article 149 of the education law to prac- 38 tice public accountancy in this state. With respect to a foreign profes- 39 sional service limited liability company which provides licensed clin- 40 ical social work services as such services are defined in article 154 of 41 the education law, each member of such foreign professional service 42 limited liability company shall be licensed pursuant to article 154 of 43 the education law to practice clinical social work in this state. With 44 respect to a foreign professional service limited liability company 45 which provides creative arts therapy services as such services are 46 defined in article 163 of the education law, each member of such foreign 47 professional service limited liability company must be licensed pursuant 48 to article 163 of the education law to practice creative arts therapy in 49 this state. With respect to a foreign professional service limited 50 liability company which provides marriage and family therapy services as 51 such services are defined in article 163 of the education law, each 52 member of such foreign professional service limited liability company 53 must be licensed pursuant to article 163 of the education law to prac- 54 tice marriage and family therapy in this state. With respect to a 55 foreign professional service limited liability company which provides 56 mental health counseling services as such services are defined in arti-S. 7506 67 A. 9506 1 cle 163 of the education law, each member of such foreign professional 2 service limited liability company must be licensed pursuant to article 3 163 of the education law to practice mental health counseling in this 4 state. With respect to a foreign professional service limited liability 5 company which provides psychoanalysis services as such services are 6 defined in article 163 of the education law, each member of such foreign 7 professional service limited liability company must be licensed pursuant 8 to article 163 of the education law to practice psychoanalysis in this 9 state. With respect to a foreign professional service limited liability 10 company which provides applied behavior analysis services as such 11 services are defined in article 167 of the education law, each member of 12 such foreign professional service limited liability company must be 13 licensed or certified pursuant to article 167 of the education law to 14 practice applied behavior analysis in this state. Notwithstanding any 15 other provisions of law a foreign professional service limited liability 16 company formed to lawfully engage in the practice of public accountancy, 17 as such practice is respectively defined under article 149 of the educa- 18 tion law shall be required to show (1) that a simple majority of the 19 ownership of the firm, in terms of financial interests, including owner- 20 ship-based compensation, and voting rights held by the firm's owners, 21 belongs to individuals licensed to practice public accountancy in some 22 state, and (2) that all members of a foreign limited professional 23 service limited liability company, whose principal place of business is 24 in this state, and who are engaged in the practice of public accountancy 25 in this state, hold a valid license issued under section 7404 of the 26 education law or are public accountants licensed under section 7405 of 27 the education law, Although firms may include non-licensee owners, the 28 firm and its owners must comply with rules promulgated by the state 29 board of regents. Notwithstanding the foregoing, a firm registered 30 under this section may not have non-licensee owners if the firm's name 31 includes the words "certified public accountant," or "certified public 32 accountants," or the abbreviations "CPA" or "CPAs." Each non-licensee 33 owner of a firm that is registered under this section shall be (1) a 34 natural person who actively participates in the business of the firm or 35 its affiliated entities, or (2) an entity, including, but not limited 36 to, a partnership or professional corporation, provided each beneficial 37 owner of an equity interest in such entity is a natural person who 38 actively participates in the business conducted by the firm or its 39 affiliated entities. For purposes of this subdivision, "actively partic- 40 ipate" means to provide services to clients or to otherwise individually 41 take part in the day-to-day business or management of the firm. 42 § 15. This act shall take effect immediately. 43 PART G 44 Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of 45 subdivision 8 of section 404 of the social services law are REPEALED. 46 § 2. Section 11 of subpart A of part G of chapter 57 of the laws of 47 2012, amending the social services law and the family court act relating 48 to establishing a juvenile justice services close to home initiative, is 49 amended to read as follows: 50 § 11. This act shall take effect April 1, 2012 and shall expire on 51 March 31, [2018] 2023 when upon such date the provisions of this act 52 shall be deemed repealed; provided, however, that effective immediately, 53 the addition, amendment and/or repeal of any rule or regulation neces- 54 sary for the implementation of this act on its effective date areS. 7506 68 A. 9506 1 authorized and directed to be made and completed on or before such 2 effective date; provided, however, upon the repeal of this act, a social 3 services district that has custody of a juvenile delinquent pursuant to 4 an approved juvenile justice services close to home initiative shall 5 retain custody of such juvenile delinquent until custody may be legally 6 transferred in an orderly fashion to the office of children and family 7 services. 8 § 3. Section 7 of subpart B of part G of chapter 57 of the laws of 9 2012, amending the social services law, the family court act and the 10 executive law relating to juvenile delinquents, is amended to read as 11 follows: 12 § 7. This act shall take effect April 1, 2012 and shall expire on 13 March 31, [2018] 2023 when upon such date the provisions of this act 14 shall be deemed repealed; provided, however, that effective immediately, 15 the addition, amendment and/or repeal of any rule or regulation neces- 16 sary for the implementation of this act on its effective date is author- 17 ized and directed to be made and completed on or before such effective 18 date. 19 § 4. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on March 31, 2018. 21 PART H 22 Section 1. 1. Notwithstanding the time period required for notice 23 pursuant to subdivision 15 of section 501 of the executive law, the 24 office of children and family services may close the Ella McQueen recep- 25 tion center for boys and girls. At least thirty days prior to taking any 26 such action, the commissioner of such office shall provide notice of 27 such action to the speaker of the assembly and the temporary president 28 of the senate and shall post such notice upon its public website. 29 2. The commissioner of the office of children and family services 30 shall be authorized to conduct any and all preparatory actions which may 31 be required to effectuate this closure. 32 § 2. This act shall take effect immediately. 33 PART I 34 Section 1. Section 9 of part G of chapter 57 of the laws of 2013, 35 amending the executive law and the social services law relating to 36 consolidating the youth development and delinquency prevention program 37 and the special delinquency prevention program, is amended to read as 38 follows: 39 § 9. This act shall take effect January 1, 2014 and shall expire and 40 be deemed repealed on December 31, [2018] 2021. 41 § 2. This act shall take effect immediately. 42 PART J 43 Section 1. Section 4 of part K of chapter 57 of the laws of 2012, 44 amending the education law, relating to authorizing the board of cooper- 45 ative educational services to enter into contracts with the commissioner 46 of children and family services to provide certain services, as amended 47 by section 5 of part J of chapter 56 of laws of 2015, is amended to read 48 as follows:S. 7506 69 A. 9506 1 § 4. This act shall take effect July 1, 2012 and shall expire June 30, 2 [2018] 2021 when upon such date the provisions of this act shall be 3 deemed repealed. 4 § 2. This act shall take effect immediately. 5 PART K 6 Section 1. Paragraph (b) of subdivision 2 of section 1676 of the 7 public authorities law is amended by adding a new undesignated paragraph 8 to read as follows: 9 The office of children and family services of the state of New York. 10 § 2. This act shall take effect immediately. 11 PART L 12 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 13 section 131-o of the social services law, as amended by section 1 of 14 part P of chapter 56 of the laws of 2017, are amended to read as 15 follows: 16 (a) in the case of each individual receiving family care, an amount 17 equal to at least [$141.00] $144.00 for each month beginning on or after 18 January first, two thousand [seventeen] eighteen. 19 (b) in the case of each individual receiving residential care, an 20 amount equal to at least [$163.00] $166.00 for each month beginning on 21 or after January first, two thousand [seventeen] eighteen. 22 (c) in the case of each individual receiving enhanced residential 23 care, an amount equal to at least [$194.00] $198.00 for each month 24 beginning on or after January first, two thousand [seventeen] eighteen. 25 (d) for the period commencing January first, two thousand [eighteen] 26 nineteen, the monthly personal needs allowance shall be an amount equal 27 to the sum of the amounts set forth in subparagraphs one and two of this 28 paragraph: 29 (1) the amounts specified in paragraphs (a), (b) and (c) of this 30 subdivision; and 31 (2) the amount in subparagraph one of this paragraph, multiplied by 32 the percentage of any federal supplemental security income cost of 33 living adjustment which becomes effective on or after January first, two 34 thousand [eighteen] nineteen, but prior to June thirtieth, two thousand 35 [eighteen] nineteen, rounded to the nearest whole dollar. 36 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 37 section 209 of the social services law, as amended by section 2 of part 38 P of chapter 56 of the laws of 2017, are amended to read as follows: 39 (a) On and after January first, two thousand [seventeen] eighteen, for 40 an eligible individual living alone, [$822.00] $837.00; and for an 41 eligible couple living alone, [$1,207.00] $1,229.00. 42 (b) On and after January first, two thousand [seventeen] eighteen, for 43 an eligible individual living with others with or without in-kind 44 income, [$758.00] $773.00; and for an eligible couple living with others 45 with or without in-kind income, [$1,149.00] $1,171.00. 46 (c) On and after January first, two thousand [seventeen] eighteen, (i) 47 for an eligible individual receiving family care, [$1,001.48] $1,016.48 48 if he or she is receiving such care in the city of New York or the coun- 49 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 50 couple receiving family care in the city of New York or the county of 51 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 52 in subparagraph (i) of this paragraph; or (iii) for an eligible individ-S. 7506 70 A. 9506 1 ual receiving such care in any other county in the state, [$963.48] 2 $978.48; and (iv) for an eligible couple receiving such care in any 3 other county in the state, two times the amount set forth in subpara- 4 graph (iii) of this paragraph. 5 (d) On and after January first, two thousand [seventeen] eighteen, (i) 6 for an eligible individual receiving residential care, [$1,170.00] 7 $1,185.00 if he or she is receiving such care in the city of New York or 8 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 9 eligible couple receiving residential care in the city of New York or 10 the county of Nassau, Suffolk, Westchester or Rockland, two times the 11 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 12 eligible individual receiving such care in any other county in the 13 state, [$1,140.00] $1,155.00; and (iv) for an eligible couple receiving 14 such care in any other county in the state, two times the amount set 15 forth in subparagraph (iii) of this paragraph. 16 (e) (i) On and after January first, two thousand [seventeen] eighteen, 17 for an eligible individual receiving enhanced residential care, 18 [$1,429.00] $1,444.00; and (ii) for an eligible couple receiving 19 enhanced residential care, two times the amount set forth in subpara- 20 graph (i) of this paragraph. 21 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 22 vision shall be increased to reflect any increases in federal supple- 23 mental security income benefits for individuals or couples which become 24 effective on or after January first, two thousand [eighteen] nineteen 25 but prior to June thirtieth, two thousand [eighteen] nineteen. 26 § 3. This act shall take effect December 31, 2018. 27 PART M 28 Section 1. Subdivision 14 of section 131-a of the social services law, 29 as added by section 1 of part H of chapter 58 of the laws of 2014, is 30 amended to read as follows: 31 14. In determining the need for aid provided pursuant to public 32 assistance programs, each person living with [clinical/symptomatic HIV33illness or AIDS] medically diagnosed HIV infection as defined by the 34 AIDS institute of the department of health in social services districts 35 with a population over five million who is receiving services through 36 such district's administrative unit providing HIV/AIDS services, public 37 assistance and earned and/or unearned income, shall not be required to 38 pay more than thirty percent of his or her monthly earned and/or 39 unearned income toward the cost of rent that such person has a direct 40 obligation to pay; this provision shall not apply to room and board 41 arrangements. 42 § 2. Section 131-a of the social services law is amended by adding a 43 new subdivision 15 to read as follows: 44 15. In determining the need for aid provided pursuant to public 45 assistance programs, each public assistance recipient living with 46 medically diagnosed HIV infection as defined by the AIDS institute of 47 the department of health in social services districts with a population 48 of five million or fewer, at local option and in accordance with a plan 49 approved by the office of temporary and disability assistance, may not 50 be required to pay more than thirty percent of his or her monthly earned 51 and/or unearned income toward the cost of rent that such person has a 52 direct obligation to pay; this provision shall not apply to room and 53 board arrangements.S. 7506 71 A. 9506 1 § 3. This act shall take effect on the ninetieth day after it shall 2 have become a law; provided, that the commissioner of the office of 3 temporary and disability assistance may promulgate all rules and regu- 4 lations necessary to implement the provisions of this act on an emergen- 5 cy basis. 6 PART N 7 Section 1. Notwithstanding any other provision of law, the housing 8 trust fund corporation may provide, for purposes of the rural rental 9 assistance program pursuant to article 17-a of the private housing 10 finance law, a sum not to exceed $23,649,000 for the fiscal year ending 11 March 31, 2019. Notwithstanding any other provision of law, and subject 12 to the approval of the New York state director of the budget, the board 13 of directors of the state of New York mortgage agency shall authorize 14 the transfer to the housing trust fund corporation, for the purposes of 15 reimbursing any costs associated with rural rental assistance program 16 contracts authorized by this section, a total sum not to exceed 17 $23,649,000, such transfer to be made from (i) the special account of 18 the mortgage insurance fund created pursuant to section 2429-b of the 19 public authorities law, in an amount not to exceed the actual excess 20 balance in the special account of the mortgage insurance fund, as deter- 21 mined and certified by the state of New York mortgage agency for the 22 fiscal year 2017-2018 in accordance with section 2429-b of the public 23 authorities law, if any, and/or (ii) provided that the reserves in the 24 project pool insurance account of the mortgage insurance fund created 25 pursuant to section 2429-b of the public authorities law are sufficient 26 to attain and maintain the credit rating (as determined by the state of 27 New York mortgage agency) required to accomplish the purposes of such 28 account, the project pool insurance account of the mortgage insurance 29 fund, such transfer to be made as soon as practicable but no later than 30 June 30, 2018. 31 § 2. Notwithstanding any other provision of law, the housing trust 32 fund corporation may provide, for purposes of the neighborhood preserva- 33 tion program, a sum not to exceed $8,479,000 for the fiscal year ending 34 March 31, 2019. Notwithstanding any other provision of law, and subject 35 to the approval of the New York state director of the budget, the board 36 of directors of the state of New York mortgage agency shall authorize 37 the transfer to the housing trust fund corporation, for the purposes of 38 reimbursing any costs associated with neighborhood preservation program 39 contracts authorized by this section, a total sum not to exceed 40 $8,479,000, such transfer to be made from (i) the special account of the 41 mortgage insurance fund created pursuant to section 2429-b of the public 42 authorities law, in an amount not to exceed the actual excess balance in 43 the special account of the mortgage insurance fund, as determined and 44 certified by the state of New York mortgage agency for the fiscal year 45 2017-2018 in accordance with section 2429-b of the public authorities 46 law, if any, and/or (ii) provided that the reserves in the project pool 47 insurance account of the mortgage insurance fund created pursuant to 48 section 2429-b of the public authorities law are sufficient to attain 49 and maintain the credit rating (as determined by the state of New York 50 mortgage agency) required to accomplish the purposes of such account, 51 the project pool insurance account of the mortgage insurance fund, such 52 transfer to be made as soon as practicable but no later than June 30, 53 2018.S. 7506 72 A. 9506 1 § 3. Notwithstanding any other provision of law, the housing trust 2 fund corporation may provide, for purposes of the rural preservation 3 program, a sum not to exceed $3,539,000 for the fiscal year ending March 4 31, 2019. Notwithstanding any other provision of law, and subject to 5 the approval of the New York state director of the budget, the board of 6 directors of the state of New York mortgage agency shall authorize the 7 transfer to the housing trust fund corporation, for the purposes of 8 reimbursing any costs associated with rural preservation program 9 contracts authorized by this section, a total sum not to exceed 10 $3,539,000, such transfer to be made from (i) the special account of the 11 mortgage insurance fund created pursuant to section 2429-b of the public 12 authorities law, in an amount not to exceed the actual excess balance in 13 the special account of the mortgage insurance fund, as determined and 14 certified by the state of New York mortgage agency for the fiscal year 15 2017-2018 in accordance with section 2429-b of the public authorities 16 law, if any, and/or (ii) provided that the reserves in the project pool 17 insurance account of the mortgage insurance fund created pursuant to 18 section 2429-b of the public authorities law are sufficient to attain 19 and maintain the credit rating (as determined by the state of New York 20 mortgage agency) required to accomplish the purposes of such account, 21 the project pool insurance account of the mortgage insurance fund, such 22 transfer to be made as soon as practicable but no later than June 30, 23 2018. 24 § 4. Notwithstanding any other provision of law, the homeless housing 25 and assistance corporation may provide, for purposes of the New York 26 state supportive housing program, the solutions to end homelessness 27 program or the operational support for AIDS housing program, or to qual- 28 ified grantees under those programs, in accordance with the requirements 29 of those programs, a sum not to exceed $8,333,000 for the fiscal year 30 ending March 31, 2019. The homeless housing and assistance corporation 31 may enter into an agreement with the office of temporary and disability 32 assistance to administer such sum in accordance with the requirements of 33 the programs. Notwithstanding any other provision of law, and subject to 34 the approval of the New York state director of the budget, the board of 35 directors of the state of New York mortgage agency shall authorize the 36 transfer to the homeless housing and assistance corporation, a total sum 37 not to exceed $8,333,000, such transfer to be made from (i) the special 38 account of the mortgage insurance fund created pursuant to section 39 2429-b of the public authorities law, in an amount not to exceed the 40 actual excess balance in the special account of the mortgage insurance 41 fund, as determined and certified by the state of New York mortgage 42 agency for the fiscal year 2017-2018 in accordance with section 2429-b 43 of the public authorities law, if any, and/or (ii) provided that the 44 reserves in the project pool insurance account of the mortgage insurance 45 fund created pursuant to section 2429-b of the public authorities law 46 are sufficient to attain and maintain the credit rating (as determined 47 by the state of New York mortgage agency) required to accomplish the 48 purposes of such account, the project pool insurance account of the 49 mortgage insurance fund, such transfer to be made as soon as practicable 50 but no later than March 31, 2019. 51 § 5. This act shall take effect immediately. 52 PART O 53 Section 1. Paragraph (c) of subdivision 2 of section 1 of part A of 54 chapter 85 of the laws of 2017, relating to creating the Lake Ontario-S. 7506 73 A. 9506 1 St. Lawrence Seaway flood recovery and International Joint Commission 2 Plan 2014 mitigation grant program, as amended by section 2 of part J of 3 chapter 61 of the laws of 2017, is amended to read as follows: 4 (c) The New York state urban development corporation shall administer 5 this grant program, which shall not exceed in the aggregate $15,000,000 6 plus any funds directed from the programs authorized in subdivisions 3 7 and 4 of this section. Such corporation and other relevant state agen- 8 cies and state authorities are hereby empowered to establish grant 9 guidelines and additional eligibility criteria as deemed necessary to 10 effectuate the administration of this program. Any grant guidelines and 11 eligibility criteria established by the corporation pursuant to this 12 subdivision shall be equivalent to, and shall not be more restrictive 13 than, those established by the New York State Urban Development Corpo- 14 ration, doing business as the Empire State Development Corporation, in 15 the grant programs it administered pursuant to part H of chapter 56 of 16 the laws of 2011. In providing assistance pursuant to this subdivision, 17 the New York state urban development corporation shall give preference 18 to applicants that demonstrate the greatest need, based on available 19 flood damage data provided by applicable state and/or federal agencies. 20 § 2. Paragraph (c) of subdivision 3 of section 1 of part A of chapter 21 85 of the laws of 2017, relating to creating the Lake Ontario-St. 22 Lawrence Seaway flood recovery and International Joint Commission Plan 23 2014 mitigation grant program, as amended by section 2 of part J of 24 chapter 61 of the laws of 2017, is amended to read as follows: 25 (c) The affordable housing corporation shall administer this grant 26 program, which shall not exceed in the aggregate $15,000,000 plus any 27 funds directed from the programs authorized in subdivisions 2 and 4 of 28 this section. Such corporation and other relevant state agency or state 29 authorities are hereby empowered to establish grant guidelines and addi- 30 tional eligibility criteria as deemed necessary to effectuate the admin- 31 istration of this program. Any grant guidelines and eligibility crite- 32 ria established by the corporation pursuant to this subdivision shall be 33 equivalent to, and shall not be more restrictive than, those established 34 by the New York State Urban Development Corporation, doing business as 35 the Empire State Development Corporation, in the grant programs it 36 administered pursuant to part H of chapter 56 of the laws of 2011. In 37 providing assistance pursuant to this subdivision, the affordable hous- 38 ing corporation shall give preference to applicants that demonstrate the 39 greatest need, based on available flood damage data provided by applica- 40 ble state and/or federal agencies. 41 § 3. Paragraph (c) of subdivision 4 of section 1 of part A of chapter 42 85 of the laws of 2017, relating to creating the Lake Ontario-St. 43 Lawrence Seaway flood recovery and International Joint Commission Plan 44 2014 mitigation grant program, as amended by section 2 of part J of 45 chapter 61 of the laws of 2017, is amended to read as follows: 46 (c) The housing trust fund corporation shall administer this grant 47 program, which shall not exceed in the aggregate $15,000,000 plus any 48 funds directed from the programs authorized in subdivisions 2 and 3 of 49 this section. Such corporation, and other relevant state agencies or 50 state authorities, is hereby empowered to establish grant guidelines and 51 additional eligibility criteria, based on available flood damage data 52 provided by applicable state and/or federal agencies, as it deems neces- 53 sary to effectuate the administration of this program. Any grant guide- 54 lines and eligibility criteria established by the corporation pursuant 55 to this subdivision shall be equivalent to, and shall not be more 56 restrictive than, those established by the New York State Urban Develop-S. 7506 74 A. 9506 1 ment Corporation, doing business as the Empire State Development Corpo- 2 ration, in the grant programs it administered pursuant to part H of 3 chapter 56 of the laws of 2011. In providing assistance pursuant to 4 this subdivision, the corporation shall give preference to applicants 5 that demonstrate the greatest need, based on available flood damage data 6 provided by applicable state and/or federal agencies. 7 § 4. This act shall take effect immediately. 8 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 9 sion, section or part of this act shall be adjudged by any court of 10 competent jurisdiction to be invalid, such judgment shall not affect, 11 impair, or invalidate the remainder thereof, but shall be confined in 12 its operation to the clause, sentence, paragraph, subdivision, section 13 or part thereof directly involved in the controversy in which such judg- 14 ment shall have been rendered. It is hereby declared to be the intent of 15 the legislature that this act would have been enacted even if such 16 invalid provisions had not been included herein. 17 § 3. This act shall take effect immediately provided, however, that 18 the applicable effective date of Parts A through O of this act shall be 19 as specifically set forth in the last section of such Parts.
