Bill Text: NY S04006 | 2023-2024 | General Assembly | Amended
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 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program; relates to the number of charters issued; relates to actual valuation; relates to average daily attendance; relates to supplemental public excess cost aid; relates to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; relates to academic enhancement aid; relates to high tax aid; relates to prospective prekindergarten enrollment reporting; provides for guidance on utilizing building aid to support-district operated universal prekindergarten programs; extends provisions of the statewide universal full-day pre-kindergarten program; increases aid for certain transportation costs; requires zero emission bus progress reporting; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; extends aid for employment preparation education for certain persons age twenty-one and older; relates to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; directs the commissioner of education to appoint a monitor for the Rochester city school district; establishes the powers and duties of such monitor and certain other officers; relates to the apportionment of aid to such school district, in relation to the effectiveness thereof; relates to the support of education, in relation to the effectiveness thereof; directs the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school age programs receiving funding; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; extends the school years to which apportionment for salary expenses apply; provides for an accelerated schedule for certain apportionments payable to Mount Vernon city school district; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; relates to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tuition authorization at the state university of New York and the city university of New York (Part B); removes the maximum award caps for the liberty partnerships program (Part D); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part Q); relates to providing for increases in minimum wage requirements (Part S); expands eligibility for child care assistance; makes related provisions (Part U); extends provisions of law related to restructuring financing for residential school placements (Part V); extends certain provisions of law relating to the juvenile justice services close to home initiative (Part W); eliminates the requirement for combined education and other work/activity assignments; directs approval of certain education and vocational training activities up to two-year post-secondary degree programs; provides for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program; provides for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); provides reimbursement to victims of public assistance fraud to include additional benefits (Part Y); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part Z); requires the state university of New York trustees and the city university of New York trustees to develop long-term plans to address the impact fluctuations in student enrollment have on the academic and financial sustainability of state-operated institutions and community colleges (Part AA); increases the rent subsidy payable to a foster child living independently (Part BB); extends certain provisions relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed (Part CC); establishes a statewide presumptive eligibility standard for child care assistance (Part DD); makes certain part-time students enrolled at a public agricultural and technical college eligible to receive part-time tuition assistance program awards (Part EE); relates to conducting a study of public and private museums in New York state (Part FF); increases fees for assigned counsel; increases the amount in extraordinary circumstances that the court may provide for compensation in excess of three thousand dollars per investigative, expert of other service provider (Part GG); expands eligibility for the empire state child credit (Part HH); expands the scope of scholarships for the state university of New York maritime college (Part II); relates to the appointment of the western regional off-track betting board of directors (Part JJ); provides state matching contributions to the endowments of the four university centers of the state university of New York; provides for the repeal of certain provisions upon expiration thereof (Part KK); authorizes the department of corrections to use body scanners for employees at state correctional facilities, visitors, and incarcerated individuals (Part LL); relates to bus operation-related traffic restrictions and parking infractions; establishes a bus rapid transit demonstration program; extends the effectiveness of certain provisions relating thereto; repeals certain provisions relating thereto (Part MM); directs the Metropolitan Transportation Authority to establish and implement a fare-free bus pilot program within the City of New York to understand certain impacts of fare-free bus routes (Part NN); relates to the utilization of funds in the Capital region off-track betting corporations capital acquisition funds (Part OO); provides for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes (Part PP); advances renewable energy development; establishes the renewable energy access and community help program; provides funding to help prepare workers for employment in the renewable energy field (Part QQ); prohibits fossil-fuel equipment and building systems in certain new construction; provides exceptions for emergency power, manufactured homes and certain commercial buildings; establishes decarbonization action plans for state-owned facilities (Part RR); extends certain provisions relating to the provision of renewable power and energy by the Power Authority of the state of New York (Part SS); creates the New York climate action fund; makes provisions related to climate action fund revenues and accounts; provides wage requirements and a job transition plan for certain climate risk-related and energy transition projects (Part TT); relates to collection of tax revenue on adult-use cannabis products; imposes penalties on retailers and distributors for unauthorized sale of adult-use cannabis products; provides for emergency relief following service of a notice of violation; adds additional regulations to curb illegal cannabis retail establishments; permits removal of commercial tenants for unlicensed cannabis retail sale; authorizes investigators appointed by the cannabis control board to carry, possess, repair, or dispose of a firearm; makes related provisions (Part UU); relates to setting bail (Subpart A); relates to appearances for pretrial proceedings for arrests made without a warrant (Subpart B); requires the chief administrator of the courts to report on certain pretrial commitments to local correctional facilities (Subpart C) (Part VV).
Spectrum: Committee Bill
Status: (Introduced) 2023-05-02 - SUBSTITUTED BY A3006C [S04006 Detail]
Download: New_York-2023-S04006-Amended.html
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program; relates to the number of charters issued; relates to actual valuation; relates to average daily attendance; relates to supplemental public excess cost aid; relates to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; relates to academic enhancement aid; relates to high tax aid; relates to prospective prekindergarten enrollment reporting; provides for guidance on utilizing building aid to support-district operated universal prekindergarten programs; extends provisions of the statewide universal full-day pre-kindergarten program; increases aid for certain transportation costs; requires zero emission bus progress reporting; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; extends aid for employment preparation education for certain persons age twenty-one and older; relates to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; directs the commissioner of education to appoint a monitor for the Rochester city school district; establishes the powers and duties of such monitor and certain other officers; relates to the apportionment of aid to such school district, in relation to the effectiveness thereof; relates to the support of education, in relation to the effectiveness thereof; directs the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school age programs receiving funding; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; extends the school years to which apportionment for salary expenses apply; provides for an accelerated schedule for certain apportionments payable to Mount Vernon city school district; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; relates to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tuition authorization at the state university of New York and the city university of New York (Part B); removes the maximum award caps for the liberty partnerships program (Part D); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part Q); relates to providing for increases in minimum wage requirements (Part S); expands eligibility for child care assistance; makes related provisions (Part U); extends provisions of law related to restructuring financing for residential school placements (Part V); extends certain provisions of law relating to the juvenile justice services close to home initiative (Part W); eliminates the requirement for combined education and other work/activity assignments; directs approval of certain education and vocational training activities up to two-year post-secondary degree programs; provides for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program; provides for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); provides reimbursement to victims of public assistance fraud to include additional benefits (Part Y); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part Z); requires the state university of New York trustees and the city university of New York trustees to develop long-term plans to address the impact fluctuations in student enrollment have on the academic and financial sustainability of state-operated institutions and community colleges (Part AA); increases the rent subsidy payable to a foster child living independently (Part BB); extends certain provisions relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed (Part CC); establishes a statewide presumptive eligibility standard for child care assistance (Part DD); makes certain part-time students enrolled at a public agricultural and technical college eligible to receive part-time tuition assistance program awards (Part EE); relates to conducting a study of public and private museums in New York state (Part FF); increases fees for assigned counsel; increases the amount in extraordinary circumstances that the court may provide for compensation in excess of three thousand dollars per investigative, expert of other service provider (Part GG); expands eligibility for the empire state child credit (Part HH); expands the scope of scholarships for the state university of New York maritime college (Part II); relates to the appointment of the western regional off-track betting board of directors (Part JJ); provides state matching contributions to the endowments of the four university centers of the state university of New York; provides for the repeal of certain provisions upon expiration thereof (Part KK); authorizes the department of corrections to use body scanners for employees at state correctional facilities, visitors, and incarcerated individuals (Part LL); relates to bus operation-related traffic restrictions and parking infractions; establishes a bus rapid transit demonstration program; extends the effectiveness of certain provisions relating thereto; repeals certain provisions relating thereto (Part MM); directs the Metropolitan Transportation Authority to establish and implement a fare-free bus pilot program within the City of New York to understand certain impacts of fare-free bus routes (Part NN); relates to the utilization of funds in the Capital region off-track betting corporations capital acquisition funds (Part OO); provides for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes (Part PP); advances renewable energy development; establishes the renewable energy access and community help program; provides funding to help prepare workers for employment in the renewable energy field (Part QQ); prohibits fossil-fuel equipment and building systems in certain new construction; provides exceptions for emergency power, manufactured homes and certain commercial buildings; establishes decarbonization action plans for state-owned facilities (Part RR); extends certain provisions relating to the provision of renewable power and energy by the Power Authority of the state of New York (Part SS); creates the New York climate action fund; makes provisions related to climate action fund revenues and accounts; provides wage requirements and a job transition plan for certain climate risk-related and energy transition projects (Part TT); relates to collection of tax revenue on adult-use cannabis products; imposes penalties on retailers and distributors for unauthorized sale of adult-use cannabis products; provides for emergency relief following service of a notice of violation; adds additional regulations to curb illegal cannabis retail establishments; permits removal of commercial tenants for unlicensed cannabis retail sale; authorizes investigators appointed by the cannabis control board to carry, possess, repair, or dispose of a firearm; makes related provisions (Part UU); relates to setting bail (Subpart A); relates to appearances for pretrial proceedings for arrests made without a warrant (Subpart B); requires the chief administrator of the courts to report on certain pretrial commitments to local correctional facilities (Subpart C) (Part VV).
Spectrum: Committee Bill
Status: (Introduced) 2023-05-02 - SUBSTITUTED BY A3006C [S04006 Detail]
Download: New_York-2023-S04006-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4006--B IN SENATE February 1, 2023 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to actual valuation; to amend the education law, in relation to average daily attendance; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to building aid for metal detec- tors, and safety devices for electrically operated partitions, room dividers and doors; to amend the education law, in relation to academ- ic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal prekin- dergarten funding utilizations and implementations plan report; to amend the education law, in relation to transitional guidelines and rules; to amend the education law, in relation to universal prekinder- garten expansions and universal prekindergarten aid; to amend the education law, in relation to extending provisions of the statewide universal full-day prekindergarten program; to amend the education law, in relation to certain moneys apportioned; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2023-2024 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend part C of chapter 56 of the laws of 2020 directing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district, in relation to the effectiveness thereof; to amend part C of chapter 57 of the laws of 2004 relating to the support of education, in relation EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12572-04-3S. 4006--B 2 to the effectiveness thereof; directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving funding; providing for special apportion- ment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend chapter 94 of the laws of 2002 relating to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; to amend the education law, in relation to extending employment preparation education programs; to amend chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to the effec- tiveness of such provisions; and to amend chapter 308 of the laws of 2012, amending the general municipal law relating to providing local governments greater contract flexibility and cost savings by permit- ting certain shared purchasing among political subdivisions, in relation to the effectiveness thereof (Part A); to amend the education law and chapter 537 of the laws of 1976, relating to paid, free and reduced price breakfast for eligible pupils in certain school districts, in relation to establishment of and/or funding provided to schools for meal assistance, education of students with disabilities, career education, and music and art education (Part A-1); inten- tionally omitted (Part B); to amend the education law, in relation to providing access to medication abortion prescription drugs at the state university of New York and the city university of New York (Part C); to amend the education law, in relation to removing the maximum award caps for the liberty partnerships program (Part D); to amend the business corporation law, the partnership law and the limited liabil- ity company law, in relation to certified public accountants (Part E); to amend the general municipal law and the public housing law, in relation to enacting the new homes targets and production incentives act (Part F); intentionally omitted (Part G); to amend the public housing law, in relation to requiring certain housing production information to be reported to the division of housing and community renewal (Part H); intentionally omitted (Part I); to amend the multi- ple dwelling law, in relation to modernizing regulations for office building conversions; and providing for the repeal of certain provisions of such law relating thereto (Subpart A); to amend the labor law and the real property tax law, in relation to exemption from local real property taxation of certain multiple dwellings in a city having a population of one million or more (Subpart B); to amend the labor law and the real property tax law, in relation to exemptions of eligible conversions to rental multiple dwellings (Subpart C) (Part J); intentionally omitted (Part K); intentionally omitted (Part L); intentionally omitted (Part M); intentionally omitted (Part N); inten- tionally omitted (Part O); intentionally omitted (Part P); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); intentionally omitted (Part T); to amend the social services law, in relation to eligibility for child care assistance; and to repeal certain provisions of such law relating thereto (Part U); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school place- ments, in relation to the effectiveness thereof (Part V); to amendS. 4006--B 3 subpart A of chapter 57 of the laws of 2012 amending the social services law and the family court act relating to establishing a juve- nile justice services close to home initiative, and to amend subpart B of part G of chapter 57 of the laws of 2012 amending the social services law, the family court act and the executive law relating to juvenile delinquents, in relation to making such provisions permanent (Part W); to amend the social services law, in relation to providing for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program for up to six consecutive months under certain circumstances (Part X); to amend the social services law, in relation to the replacement of stolen public assistance (Part Y); to amend the social services law, in relation to increasing the standards of month- ly need for aged, blind and disabled persons living in the community (Part Z); to amend the labor law, in relation to including Stewart International Airport in the definition of covered airport location for the purposes of minimum wage rates (Part AA); to amend the labor law, in relation to sick leave for domestic workers (Part BB); to amend the education law, in relation to excluding certain graduate students from mandatory fees (Part CC); to amend the veterans' services law, the military law and the executive law, in relation to establishing the Alex R. Jimenez New York state military immigrant family legacy program (Part DD); to amend the social services law, in relation to allowances for the costs of diapers (Part EE); to amend the arts and cultural affairs law and the economic development law, in relation to creating the arts and cultural district (Part FF); to amend the public housing law, in relation to establishing the housing access voucher program (Part GG); to amend the education law, in relation to the registration of new curricula or programs of study offered by a not-for-profit college or university (Part HH); to amend the social services law, in relation to assisting persons with medically diagnosed HIV infection; and repealing certain provisions of such law relating thereto (Part II); to amend the public housing law, in relation to enacting the "NYCHA utility accountability act" (Part JJ); to amend the social services law, in relation to providing for the automated identification of affordability program participants (Part KK); to amend the state finance law, in relation to establishing the New York state youth sports initiative grants fund (Part LL); to amend the social services law, in relation to establishing a statewide presumptive eligibility standard for the receipt of child care assist- ance (Part MM); to amend the education law, in relation to requiring nursing certificate and degree education programs to include clinical education and allowing for a portion of such clinical education to be completed through simulation experience (Part NN); establishing the special joint legislative commission on affordable housing; and providing for the repeal of such provisions upon expiration thereof (Part OO); to amend the education law, in relation to establishing a Black Leadership Institute within the State University of New York (Part PP); to amend the education law, in relation to allowing cadets enrolled at SUNY Maritime college to use scholarship money on any cost associated with attendance (Part QQ); and to amend the education law, in relation to increasing the income eligibility threshold for the tuition assistance program (Part RR)S. 4006--B 4 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state education, labor, housing and family 3 assistance budget for the 2023-2024 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through RR. The 5 effective date for each particular provision contained within such Part 6 is set forth in the last section of such Part. Any provision in any 7 section contained within a Part, including the effective date of the 8 Part, which makes a reference to a section "of this act", when used in 9 connection with that particular component, shall be deemed to mean and 10 refer to the corresponding section of the Part in which it is found. 11 Section three of this act sets forth the general effective date of this 12 act. 13 PART A 14 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 15 tion law, as amended by chapter 556 of the laws of 2022, is amended to 16 read as follows: 17 e. Notwithstanding paragraphs a and b of this subdivision, a school 18 district that submitted a contract for excellence for the two thousand 19 eight--two thousand nine school year shall submit a contract for excel- 20 lence for the two thousand nine--two thousand ten school year in 21 conformity with the requirements of subparagraph (vi) of paragraph a of 22 subdivision two of this section unless all schools in the district are 23 identified as in good standing and provided further that, a school 24 district that submitted a contract for excellence for the two thousand 25 nine--two thousand ten school year, unless all schools in the district 26 are identified as in good standing, shall submit a contract for excel- 27 lence for the two thousand eleven--two thousand twelve school year which 28 shall, notwithstanding the requirements of subparagraph (vi) of para- 29 graph a of subdivision two of this section, provide for the expenditure 30 of an amount which shall be not less than the product of the amount 31 approved by the commissioner in the contract for excellence for the two 32 thousand nine--two thousand ten school year, multiplied by the 33 district's gap elimination adjustment percentage and provided further 34 that, a school district that submitted a contract for excellence for the 35 two thousand eleven--two thousand twelve school year, unless all schools 36 in the district are identified as in good standing, shall submit a 37 contract for excellence for the two thousand twelve--two thousand thir- 38 teen school year which shall, notwithstanding the requirements of 39 subparagraph (vi) of paragraph a of subdivision two of this section, 40 provide for the expenditure of an amount which shall be not less than 41 the amount approved by the commissioner in the contract for excellence 42 for the two thousand eleven--two thousand twelve school year and 43 provided further that, a school district that submitted a contract for 44 excellence for the two thousand twelve--two thousand thirteen school 45 year, unless all schools in the district are identified as in good 46 standing, shall submit a contract for excellence for the two thousand 47 thirteen--two thousand fourteen school year which shall, notwithstanding 48 the requirements of subparagraph (vi) of paragraph a of subdivision two 49 of this section, provide for the expenditure of an amount which shall be 50 not less than the amount approved by the commissioner in the contract 51 for excellence for the two thousand twelve--two thousand thirteen schoolS. 4006--B 5 1 year and provided further that, a school district that submitted a 2 contract for excellence for the two thousand thirteen--two thousand 3 fourteen school year, unless all schools in the district are identified 4 as in good standing, shall submit a contract for excellence for the two 5 thousand fourteen--two thousand fifteen school year which shall, 6 notwithstanding the requirements of subparagraph (vi) of paragraph a of 7 subdivision two of this section, provide for the expenditure of an 8 amount which shall be not less than the amount approved by the commis- 9 sioner in the contract for excellence for the two thousand thirteen--two 10 thousand fourteen school year; and provided further that, a school 11 district that submitted a contract for excellence for the two thousand 12 fourteen--two thousand fifteen school year, unless all schools in the 13 district are identified as in good standing, shall submit a contract for 14 excellence for the two thousand fifteen--two thousand sixteen school 15 year which shall, notwithstanding the requirements of subparagraph (vi) 16 of paragraph a of subdivision two of this section, provide for the 17 expenditure of an amount which shall be not less than the amount 18 approved by the commissioner in the contract for excellence for the two 19 thousand fourteen--two thousand fifteen school year; and provided 20 further that a school district that submitted a contract for excellence 21 for the two thousand fifteen--two thousand sixteen school year, unless 22 all schools in the district are identified as in good standing, shall 23 submit a contract for excellence for the two thousand sixteen--two thou- 24 sand seventeen school year which shall, notwithstanding the requirements 25 of subparagraph (vi) of paragraph a of subdivision two of this section, 26 provide for the expenditure of an amount which shall be not less than 27 the amount approved by the commissioner in the contract for excellence 28 for the two thousand fifteen--two thousand sixteen school year; and 29 provided further that, a school district that submitted a contract for 30 excellence for the two thousand sixteen--two thousand seventeen school 31 year, unless all schools in the district are identified as in good 32 standing, shall submit a contract for excellence for the two thousand 33 seventeen--two thousand eighteen school year which shall, notwithstand- 34 ing the requirements of subparagraph (vi) of paragraph a of subdivision 35 two of this section, provide for the expenditure of an amount which 36 shall be not less than the amount approved by the commissioner in the 37 contract for excellence for the two thousand sixteen--two thousand 38 seventeen school year; and provided further that a school district that 39 submitted a contract for excellence for the two thousand seventeen--two 40 thousand eighteen school year, unless all schools in the district are 41 identified as in good standing, shall submit a contract for excellence 42 for the two thousand eighteen--two thousand nineteen school year which 43 shall, notwithstanding the requirements of subparagraph (vi) of para- 44 graph a of subdivision two of this section, provide for the expenditure 45 of an amount which shall be not less than the amount approved by the 46 commissioner in the contract for excellence for the two thousand seven- 47 teen--two thousand eighteen school year; and provided further that, a 48 school district that submitted a contract for excellence for the two 49 thousand eighteen--two thousand nineteen school year, unless all schools 50 in the district are identified as in good standing, shall submit a 51 contract for excellence for the two thousand nineteen--two thousand 52 twenty school year which shall, notwithstanding the requirements of 53 subparagraph (vi) of paragraph a of subdivision two of this section, 54 provide for the expenditure of an amount which shall be not less than 55 the amount approved by the commissioner in the contract for excellence 56 for the two thousand eighteen--two thousand nineteen school year; andS. 4006--B 6 1 provided further that, a school district that submitted a contract for 2 excellence for the two thousand nineteen--two thousand twenty school 3 year, unless all schools in the district are identified as in good 4 standing, shall submit a contract for excellence for the two thousand 5 twenty--two thousand twenty-one school year which shall, notwithstanding 6 the requirements of subparagraph (vi) of paragraph a of subdivision two 7 of this section, provide for the expenditure of an amount which shall be 8 not less than the amount approved by the commissioner in the contract 9 for excellence for the two thousand nineteen--two thousand twenty school 10 year; and provided further that, a school district that submitted a 11 contract for excellence for the two thousand twenty--two thousand twen- 12 ty-one school year, unless all schools in the district are identified as 13 in good standing, shall submit a contract for excellence for the two 14 thousand twenty-one--two thousand twenty-two school year which shall, 15 notwithstanding the requirements of subparagraph (vi) of paragraph a of 16 subdivision two of this section, provide for the expenditure of an 17 amount which shall be not less than the amount approved by the commis- 18 sioner in the contract for excellence for the two thousand twenty--two 19 thousand twenty-one school year; and provided further that, a school 20 district that submitted a contract for excellence for the two thousand 21 twenty-one--two thousand twenty-two school year, unless all schools in 22 the district are identified as in good standing, shall submit a contract 23 for excellence for the two thousand twenty-two--two thousand twenty- 24 three school year which shall, notwithstanding the requirements of 25 subparagraph (vi) of paragraph a of subdivision two of this section, 26 provide for the expenditure of an amount which shall be not less than 27 the amount approved by the commissioner in the contract for excellence 28 for the two thousand twenty-one--two thousand twenty-two school year; 29 and provided further that, a school district that submitted a contract 30 for excellence for the two thousand twenty-two--two thousand twenty- 31 three school year, unless all schools in the district are identified as 32 in good standing, shall submit a contract for excellence for the two 33 thousand twenty-three--two thousand twenty-four school year which shall, 34 notwithstanding the requirements of subparagraph (vi) of paragraph a of 35 subdivision two of this section, provide for the expenditure of an 36 amount which shall be not less than the amount approved by the commis- 37 sioner in the contract for excellence for the two thousand twenty-two-- 38 two thousand twenty-three school year; provided, however, that, in a 39 city school district in a city having a population of one million or 40 more, notwithstanding the requirements of subparagraph (vi) of paragraph 41 a of subdivision two of this section, the contract for excellence shall 42 provide for the expenditure as set forth in subparagraph (v) of para- 43 graph a of subdivision two of this section. For purposes of this para- 44 graph, the "gap elimination adjustment percentage" shall be calculated 45 as the sum of one minus the quotient of the sum of the school district's 46 net gap elimination adjustment for two thousand ten--two thousand eleven 47 computed pursuant to chapter fifty-three of the laws of two thousand 48 ten, making appropriations for the support of government, plus the 49 school district's gap elimination adjustment for two thousand eleven-- 50 two thousand twelve as computed pursuant to chapter fifty-three of the 51 laws of two thousand eleven, making appropriations for the support of 52 the local assistance budget, including support for general support for 53 public schools, divided by the total aid for adjustment computed pursu- 54 ant to chapter fifty-three of the laws of two thousand eleven, making 55 appropriations for the local assistance budget, including support for 56 general support for public schools. Provided, further, that such amountS. 4006--B 7 1 shall be expended to support and maintain allowable programs and activ- 2 ities approved in the two thousand nine--two thousand ten school year or 3 to support new or expanded allowable programs and activities in the 4 current year. 5 § 2. Subdivision 4 of section 3602 of the education law is amended by 6 adding a new paragraph k to read as follows: 7 k. Foundation aid payable in the two thousand twenty-three--two thou- 8 sand twenty-four school year. Notwithstanding any provision of law to 9 the contrary, foundation aid payable in the two thousand twenty-three-- 10 two thousand twenty-four school year shall be equal to the sum of the 11 total foundation aid base computed pursuant to paragraph j of subdivi- 12 sion one of this section plus the greater of (a) the positive differ- 13 ence, if any, of (i) total foundation aid computed pursuant to paragraph 14 a of this subdivision less (ii) the total foundation aid base computed 15 pursuant to paragraph j of subdivision one of this section, or (b) the 16 product of three hundredths (0.03) multiplied by the total foundation 17 aid base computed pursuant to paragraph j of subdivision one of this 18 section. 19 § 3. Intentionally omitted. 20 § 4. Intentionally omitted. 21 § 5. Paragraph c of subdivision 1 of section 3602 of the education 22 law, as amended by section 11 of part B of chapter 57 of the laws of 23 2007, is amended to read as follows: 24 c. "Actual valuation" shall mean the valuation of taxable real proper- 25 ty in a school district obtained by taking the assessed valuation of 26 taxable real property within such district as it appears upon the 27 assessment roll of the town, city, village, or county in which such 28 property is located, for the calendar year two years prior to the calen- 29 dar year in which the base year commenced, after revision as provided by 30 law, plus any assessed valuation that was exempted from taxation pursu- 31 ant to the class one reassessment exemption authorized by section four 32 hundred eighty-five-u of the real property tax law or the residential 33 revaluation exemption authorized by section four hundred eighty-five-v 34 of such law as added by chapter five hundred sixty of the laws of two 35 thousand twenty-one, and dividing it by the state equalization rate as 36 determined by the [state board of equalization and assessment] commis- 37 sioner of taxation and finance, for the assessment roll of such town, 38 city, village, or county completed during such preceding calendar year. 39 The actual valuation of a central high school district shall be the sum 40 of such valuations of its component districts. Such actual valuation 41 shall include any actual valuation equivalent of payments in lieu of 42 taxes determined pursuant to section four hundred eighty-five of the 43 real property tax law. "Selected actual valuation" shall mean the lesser 44 of actual valuation calculated for aid payable in the current year or 45 the two-year average of the actual valuation calculated for aid payable 46 in the current year and the actual valuation calculated for aid payable 47 in the base year. 48 § 6. Paragraph d of subdivision 1 of section 3602 of the education 49 law, as amended by section 11 of part B of chapter 57 of the laws of 50 2007, is amended to read as follows: 51 d. "Average daily attendance" shall mean the total number of attend- 52 ance days of pupils in a public school of a school district in kinder- 53 garten through grade twelve, or equivalent ungraded programs, plus the 54 total number of instruction days for such pupils receiving homebound 55 instruction including pupils receiving [instruction through a two-way56telephone communication system] remote instruction as defined in theS. 4006--B 8 1 regulations of the commissioner, divided by the number of days the 2 district school was in session as provided in this section. The attend- 3 ance of pupils with disabilities attending under the provisions of para- 4 graph c of subdivision two of section forty-four hundred one of this 5 chapter shall be added to average daily attendance. 6 § 7. Paragraph l of subdivision 1 of section 3602 of the education 7 law, as amended by section 11 of part B of chapter 57 of the laws of 8 2007, is amended to read as follows: 9 l. "Average daily membership" shall mean the possible aggregate 10 attendance of all pupils in attendance in a public school of the school 11 district in kindergarten through grade twelve, or equivalent ungraded 12 programs, including possible aggregate attendance for such pupils 13 receiving homebound instruction, including pupils receiving [instruction14through a two-way telephone communication system] remote instruction as 15 defined in the regulations of the commissioner, with the possible aggre- 16 gate attendance of such pupils in one-half day kindergartens multiplied 17 by one-half, divided by the number of days the district school was in 18 session as provided in this section. The full time equivalent enrollment 19 of pupils with disabilities attending under the provisions of paragraph 20 c of subdivision two of section forty-four hundred one of this chapter 21 shall be added to average daily membership. Average daily membership 22 shall include the equivalent attendance of the school district, as 23 computed pursuant to paragraph d of this subdivision. In any instance 24 where a pupil is a resident of another state or an Indian pupil is a 25 resident of any portion of a reservation located wholly or partly within 26 the borders of the state pursuant to subdivision four of section forty- 27 one hundred one of this chapter or a pupil is living on federally owned 28 land or property, such pupil's possible aggregate attendance shall be 29 counted as part of the possible aggregate attendance of the school 30 district in which such pupil is enrolled. 31 § 8. The closing paragraph of subdivision 5-a of section 3602 of the 32 education law, as amended by section 14 of part A of chapter 56 of the 33 laws of 2022, is amended to read as follows: 34 For the two thousand eight--two thousand nine school year, each school 35 district shall be entitled to an apportionment equal to the product of 36 fifteen percent and the additional apportionment computed pursuant to 37 this subdivision for the two thousand seven--two thousand eight school 38 year. For the two thousand nine--two thousand ten [through two thousand39twenty-two--two thousand twenty-three] school [years] year and thereaft- 40 er each school district shall be entitled to an apportionment equal to 41 the amount set forth for such school district as "SUPPLEMENTAL PUB 42 EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school 43 aid computer listing produced by the commissioner in support of the 44 budget for the two thousand nine--two thousand ten school year and enti- 45 tled "SA0910". 46 § 9. Paragraph b of subdivision 6-c of section 3602 of the education 47 law, as amended by section 11 of part CCC of chapter 59 of the laws of 48 2018, is amended to read as follows: 49 b. For projects approved by the commissioner authorized to receive 50 additional building aid pursuant to this subdivision for the purchase of 51 stationary metal detectors, security cameras or other security devices 52 approved by the commissioner that increase the safety of students and 53 school personnel, provided that for purposes of this paragraph such 54 other security devices shall be limited to electronic security systems 55 and hardened doors, and provided that for projects approved by the 56 commissioner on or after the first day of July two thousand thirteenS. 4006--B 9 1 [and before the first day of July two thousand twenty-three] such addi- 2 tional aid shall equal the product of (i) the building aid ratio 3 computed for use in the current year pursuant to paragraph c of subdivi- 4 sion six of this section plus ten percentage points, except that in no 5 case shall this amount exceed one hundred percent, and (ii) the actual 6 approved expenditures incurred in the base year pursuant to this subdi- 7 vision, provided that the limitations on cost allowances prescribed by 8 paragraph a of subdivision six of this section shall not apply, and 9 provided further that any projects aided under this paragraph must be 10 included in a district's school safety plan. The commissioner shall 11 annually prescribe a special cost allowance for metal detectors, and 12 security cameras, and the approved expenditures shall not exceed such 13 cost allowance. 14 § 10. Paragraph i of subdivision 12 of section 3602 of the education 15 law, as amended by section 15 of part A of chapter 56 of the laws of 16 2022, is amended to read as follows: 17 i. For the two thousand twenty-one--two thousand twenty-two school 18 year [and] through the two thousand [twenty-two] twenty-three--two thou- 19 sand [twenty-three] twenty-four school year, each school district shall 20 be entitled to an apportionment equal to the amount set forth for such 21 school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 22 ESTIMATED AIDS" in the school aid computer listing produced by the 23 commissioner in support of the budget for the two thousand twenty--two 24 thousand twenty-one school year and entitled "SA202-1", and such appor- 25 tionment shall be deemed to satisfy the state obligation to provide an 26 apportionment pursuant to subdivision eight of section thirty-six 27 hundred forty-one of this article. 28 § 11. The opening paragraph of subdivision 16 of section 3602 of the 29 education law, as amended by section 16 of part A of chapter 56 of the 30 laws of 2022, is amended to read as follows: 31 Each school district shall be eligible to receive a high tax aid 32 apportionment in the two thousand eight--two thousand nine school year, 33 which shall equal the greater of (i) the sum of the tier 1 high tax aid 34 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 35 tax aid apportionment or (ii) the product of the apportionment received 36 by the school district pursuant to this subdivision in the two thousand 37 seven--two thousand eight school year, multiplied by the due-minimum 38 factor, which shall equal, for districts with an alternate pupil wealth 39 ratio computed pursuant to paragraph b of subdivision three of this 40 section that is less than two, seventy percent (0.70), and for all other 41 districts, fifty percent (0.50). Each school district shall be eligible 42 to receive a high tax aid apportionment in the two thousand nine--two 43 thousand ten through two thousand twelve--two thousand thirteen school 44 years in the amount set forth for such school district as "HIGH TAX AID" 45 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 46 listing produced by the commissioner in support of the budget for the 47 two thousand nine--two thousand ten school year and entitled "SA0910". 48 Each school district shall be eligible to receive a high tax aid appor- 49 tionment in the two thousand thirteen--two thousand fourteen through two 50 thousand [twenty-two] twenty-three--two thousand [twenty-three] twenty- 51 four school years equal to the greater of (1) the amount set forth for 52 such school district as "HIGH TAX AID" under the heading "2008-09 BASE 53 YEAR AIDS" in the school aid computer listing produced by the commis- 54 sioner in support of the budget for the two thousand nine--two thousand 55 ten school year and entitled "SA0910" or (2) the amount set forth for 56 such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-S. 4006--B 10 1 MATED AIDS" in the school aid computer listing produced by the commis- 2 sioner in support of the executive budget for the 2013-14 fiscal year 3 and entitled "BT131-4". 4 § 12. Section 3602-e of the education law is amended by adding a new 5 subdivision 3 to read as follows: 6 3. Universal prekindergarten funding utilization and implementation 7 plan reporting. a. All school districts which are eligible to receive an 8 apportionment under this section or section thirty-six hundred two-ee of 9 this part but which have not implemented or expanded a universal prekin- 10 dergarten program shall report to the commissioner: (i) the number of 11 four-year-old prekindergarten students the district intends to serve in 12 full-day and half-day slots in district-operated programs in the current 13 year; (ii) the number of four-year-old prekindergarten students the 14 district intends to serve in full-day and half-day slots in programs 15 operated by community-based organizations in the current year; (iii) the 16 number of four-year-old prekindergarten students whose parent or guardi- 17 an has applied for a seat for them in the current year, but to whom the 18 district lacks capacity to offer a seat; (iv) information on financial 19 and programmatic barriers in implementing universal prekindergarten 20 programs; (v) absent funding and programmatic barriers, details on why 21 universal prekindergarten programs have not been established or expanded 22 despite available funding; (vi) any other information available to 23 districts and necessary to accurately estimate the unmet demand for 24 four-year-old prekindergarten services within the district; and (vii) a 25 three-year implementation plan detailing how the school district intends 26 to utilize available funding to start and expand universal prekindergar- 27 ten programs pursuant to this section or section thirty-six hundred 28 two-ee of this part. This report, with the three-year implementation 29 plan, shall be due no later than September first, two thousand twenty- 30 three to the department as part of the application prescribed in subdi- 31 vision five of this section and shall be posted on the school district's 32 website. The department shall collate the data and three-year implemen- 33 tation plans into a report due no later than January first, two thousand 34 twenty-four to the governor, the division of budget, the temporary pres- 35 ident of the senate, the minority leader of the senate, the speaker of 36 the assembly, and the minority leader of the assembly, and post such 37 report on the department's website. Beginning September first, two 38 thousand twenty-four, through September first, two thousand twenty-six, 39 school districts subject to this section shall submit annual reports 40 detailing the status and progress of the three-year implementation plan, 41 with the last report describing the third and final year of implementa- 42 tion, to the department as part of the application prescribed in subdi- 43 vision five of this section and shall post such report on the school 44 district's website. Beginning January first, two thousand twenty-five 45 the department shall annually collate the submitted school district 46 three-year implementation plan progress reports to be delivered to the 47 governor, the division of budget, the temporary president of the senate, 48 the minority leader of the senate, the speaker of the assembly, and the 49 minority leader of the assembly, and post such report on the depart- 50 ment's website. 51 § 12-a. The opening paragraph of subdivision 6 of section 3602 of 52 education law, as amended by chapter 355 of the laws of 2016, is amended 53 to read as follows: 54 Apportionment for capital outlays and debt service for school building 55 purposes. Any apportionment to a school district pursuant to this subdi- 56 vision shall be based upon base year approved expenditures for capitalS. 4006--B 11 1 outlays incurred prior to July first, two thousand one from its general 2 fund, capital fund or reserved funds and current year approved expendi- 3 tures for debt service, including debt service for refunding bond issues 4 eligible for an apportionment pursuant to paragraph g of this subdivi- 5 sion and lease or other annual payments to the New York city educational 6 construction fund created by article ten of this chapter or the city of 7 Yonkers educational construction fund created by article ten-B of this 8 chapter which have been pledged to secure the payment of bonds, notes or 9 other obligations issued by the fund to finance the construction, acqui- 10 sition, reconstruction, rehabilitation or improvement of the school 11 portion of combined occupancy structures, or for lease or other annual 12 payments to the New York state urban development corporation created by 13 chapter one hundred seventy-four of the laws of nineteen hundred sixty- 14 eight, pursuant to agreement between such school district and such 15 corporation relating to the construction, acquisition, reconstruction, 16 rehabilitation or improvement of any school building, or for annual 17 payments to the dormitory authority pursuant to any lease, sublease or 18 other agreement relating to the financing, refinancing, acquisition, 19 design, construction, reconstruction, rehabilitation, improvement, 20 furnishing and equipping of, or otherwise provide for school district 21 capital facilities or school district capital equipment made under the 22 provisions of section sixteen hundred eighty of the public authorities 23 law, or for annual payments pursuant to any lease, sublease or other 24 agreement relating to the financing, refinancing, acquisition, design, 25 construction, reconstruction, rehabilitation, improvement, furnishing 26 and equipping of, or otherwise providing for educational facilities of a 27 city school district under the provisions of section sixteen of chapter 28 six hundred five of the laws of two thousand, or for payments, pursuant 29 to any assignment authorized by section twenty-seven hundred ninety- 30 nine-tt of the public authorities law, of debt service in furtherance of 31 funding the five-year educational facilities capital plan of the city of 32 New York school district or related debt service costs and expenses as 33 set forth in such section, for annual payments pursuant to any lease, 34 sublease or other agreement relating to the financing, refinancing, 35 design, reconstruction, rehabilitation, improvement, furnishing and 36 equipping of, or otherwise providing for projects authorized pursuant to 37 the city of Syracuse and the board of education of the city school 38 district of the city of Syracuse cooperative school reconstruction act, 39 for annual payments pursuant to any lease, sublease or other agreement 40 relating to the financing, refinancing, design, reconstruction, rehabil- 41 itation, improvement, furnishing and equipping of, or otherwise provid- 42 ing for projects authorized pursuant to the city of Rochester and the 43 board of education of the city school district of the city of Rochester 44 school facilities modernization program act, for annual payments pursu- 45 ant to any lease, sublease or other agreement relating to the financing, 46 refinancing, design, construction, reconstruction, rehabilitation, 47 improvement, furnishing and equipping of, or otherwise providing for 48 projects authorized pursuant to the Yonkers city school district facili- 49 ties modernization program act, or for lease, lease-purchase or other 50 annual payments to another school district or person, partnership or 51 corporation pursuant to an agreement made under the provisions of 52 section four hundred three-b, subdivision eight of section twenty-five 53 hundred three, or subdivision six of section twenty-five hundred fifty- 54 four of this chapter, provided that the apportionment for such lease or 55 other annual payments under the provisions of section four hundred 56 three-b, subdivision eight of section twenty-five hundred three, orS. 4006--B 12 1 subdivision six of section twenty-five hundred fifty-four of this chap- 2 ter, other than payments under a lease-purchase agreement or an equiv- 3 alent agreement, shall be based upon approved expenditures in the 4 current year. Approved expenditures for capital outlays from a school 5 district's general fund, capital fund or reserved funds that are 6 incurred on or after July first, two thousand two, and are not aidable 7 pursuant to subdivision six-f of this section, shall be aidable as debt 8 service under an assumed amortization established pursuant to paragraphs 9 e and j of this subdivision. In any such case approved expenditures 10 shall be only for new construction, reconstruction, purchase of existing 11 structures, for site purchase and improvement, for new garages, for 12 original equipment, furnishings, machinery, or apparatus, and for 13 professional fees and other costs incidental to such construction or 14 reconstruction, or purchase of existing structures. In the case of a 15 lease or lease-purchase agreement entered pursuant to section four 16 hundred three-b, subdivision eight of section twenty-five hundred three 17 or subdivision six of section twenty-five hundred fifty-four of this 18 chapter, approved expenditures for the lease or other annual payments 19 shall not include the costs of heat, electricity, water or other utili- 20 ties or the costs of operation or maintenance of the leased facility. An 21 apportionment shall be available pursuant to this subdivision for 22 construction, reconstruction, rehabilitation or improvement in a build- 23 ing, or portion thereof, being leased by a school district only if the 24 lease is for a term of at least ten years subsequent to the date of the 25 general construction contract for such construction, reconstruction, 26 rehabilitation or improvement. Each school district shall prepare a five 27 year capital facilities plan, pursuant to regulations developed by the 28 commissioner for such purpose, provided that in the case of a city 29 school district in a city having a population of one million inhabitants 30 or more, such facilities plan shall comply with the provisions of 31 section twenty-five hundred ninety-p of this chapter and this subdivi- 32 sion. Such plan shall include, but not be limited to, a building inven- 33 tory, and estimated expense of facility needs, for new construction, 34 additions, alterations, reconstruction, major repairs, energy consump- 35 tion and maintenance by school building, as appropriate. Such five year 36 plan shall include a priority ranking of projects and shall be amended 37 if necessary to reflect subsequent on-site evaluations of facilities 38 conducted by state supported contractors. Notwithstanding any other 39 provision of law, all school districts that are eligible for funding for 40 universal prekindergarten programs pursuant to sections thirty-six 41 hundred two-e and thirty-six hundred two-ee of this part, are eligible 42 for building aid for the construction, acquisition, reconstruction or 43 leases of any school building project for the purpose of serving prekin- 44 dergarten students and to ensure prekindergarten is universal. 45 § 12-b. Subdivision 6 of section 408 of the education law, as amended 46 by chapter 385 of the laws of 1994, and as further amended by subdivi- 47 sion (d) of section 1 of part W of chapter 56 of the laws of 2010, is 48 amended and a new subdivision 7 is added to read as follows: 49 6. The commissioner may promulgate regulations relating to the 50 purchase of existing school buildings. Such regulations shall provide 51 for an appraisal of such buildings as school buildings and the land on 52 which they are situated as school sites by the commissioner of taxation 53 and finance, such estimates of the cost of renovation and construction 54 as may be necessary and limitations on the cost of acquisition and reno- 55 vation, in taking into consideration the age and condition of such 56 existing buildings, in relation to the estimated cost of constructing aS. 4006--B 13 1 new building containing comparable facilities. Such regulations may also 2 require the prior approval of the commissioner of any renovations 3 proposed to be made to such existing school buildings. Such regulations 4 shall include provisions related to the construction, acquisition, 5 reconstruction or leases of any school building project for the purpose 6 of serving prekindergarten students and to ensure prekindergarten is 7 universal, pursuant to sections thirty-six hundred two-e and thirty-six 8 hundred two-ee of this chapter. 9 7. The commissioner shall issue guidance to all school districts on 10 how to utilize building aid to establish and expand district run 11 universal prekindergarten programs pursuant to sections thirty-six 12 hundred two-e and thirty-six hundred two-ee of this chapter. 13 § 13. Subdivision 20 of section 3602-e of the education law is amended 14 by adding a new paragraph b to read as follows: 15 b. Two thousand twenty-three--two thousand twenty-four school year. 16 (i) The universal prekindergarten expansion for the two thousand twen- 17 ty-three--two thousand twenty-four school year shall be equal to twice 18 the product of (1) expansion slots multiplied by (2) selected aid per 19 prekindergarten pupil calculated pursuant to subparagraph (i) of para- 20 graph b of subdivision ten of this section for the two thousand twenty- 21 three--two thousand twenty-four school year. 22 (ii) For purposes of this paragraph, "expansion slots" shall be slots 23 for new full-day four-year-old prekindergarten pupils for purposes of 24 subparagraph (ii) of paragraph b of subdivision ten of this section. 25 Expansion slots shall be equal to the positive difference, if any, of 26 (1) the product of eight hundred ninety-seven thousandths (0.897) multi- 27 plied by unserved four-year-old prekindergarten pupils as defined in 28 subparagraph (iv) of paragraph b of subdivision ten of this section less 29 (2) the sum of four-year-old students served plus the underserved count. 30 If such expansion slots are greater than or equal to ten but less than 31 twenty, the expansion slots shall be twenty; if such expansion slots are 32 less than ten, the expansion slots shall be zero; and for a city school 33 district in a city having a population of one million or more, the 34 expansion slots shall be zero. 35 (iii) For purposes of this paragraph, "four-year-old students served" 36 shall be equal to the sum of (1) the number of four-year-old students 37 served in full-day and half-day settings in a state funded program which 38 must meet the requirements of this section as reported to the department 39 for the two thousand twenty-one--two thousand twenty-two school year, 40 plus (2) the number of four-year-old students served in full-day 41 settings in a state funded program which must meet the requirements of 42 section thirty-six hundred two-ee of this part and for which grants were 43 awarded prior to the two thousand twenty--two thousand twenty-one school 44 year, plus (3) the number of expansion slots allocated pursuant to para- 45 graph b of subdivision nineteen of this section, plus (4) the number of 46 expansion slots allocated pursuant to paragraph a of this subdivision, 47 plus (5) the maximum number of students that may be served in full-day 48 prekindergarten programs funded by grants which must meet the require- 49 ments of section thirty-six hundred two-ee of this part for grants 50 awarded in the two thousand twenty-one--two thousand twenty-two or two 51 thousand twenty-two--two thousand twenty-three school year. 52 (iv) For purposes of this paragraph, the underserved count shall be 53 equal to the positive difference, if any, of (1) the sum of (a) eligible 54 full-day four-year-old prekindergarten pupils as defined in subparagraph 55 (ii) of paragraph b of subdivision ten of this section for the two thou- 56 sand twenty-one--two thousand twenty-two school year, plus (b) the prod-S. 4006--B 14 1 uct of five-tenths (0.5) and the eligible half-day four-year-old prekin- 2 dergarten pupils as defined in subparagraph (iii) of paragraph b of 3 subdivision ten of this section for the two thousand twenty-one--two 4 thousand twenty-two school year, less (2) the positive difference of (a) 5 the number of four-year-old students served in full-day and half-day 6 settings in a state-funded program which must meet the requirements of 7 this section as reported to the department for the two thousand twenty- 8 one--two thousand twenty-two school year, with students served in half- 9 day settings multiplied by five-tenths (0.5), less (b) the number of 10 pupils served in a conversion slot pursuant to section thirty-six 11 hundred two-ee of this part in the two thousand twenty-one--two thousand 12 twenty-two school year multiplied by five-tenths (0.5). 13 § 13-a. Subparagraph (ix) of the opening paragraph of subdivision 10 14 of section 3602-e of the education law, as added by section 17-c of part 15 A of chapter 56 of the laws of 2022, is amended and a new subparagraph 16 (x) is added to read as follows: 17 (ix) for the two thousand twenty-two--two thousand twenty-three school 18 year and thereafter, each school district shall be eligible to receive a 19 grant amount equal to the sum of (A) the amount set forth for such 20 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- 21 er file produced by the commissioner in support of the enacted budget 22 for the prior year excluding amounts subject to section thirty-six 23 hundred two-ee of this part and further excluding amounts paid pursuant 24 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old 25 Universal Prekindergarten Expansion added pursuant to paragraph e of 26 subdivision nineteen of this section, provided that such school district 27 has met all requirements pursuant to this section and such grants shall 28 be added into a four-year-old grant amount based on the amount each 29 district was eligible to receive in the base year to serve four-year-old 30 prekindergarten pupils, plus (C) funds allocated pursuant to a universal 31 prekindergarten expansion under subdivision twenty of this section as of 32 the school aid computer listing produced by the commissioner in support 33 of the enacted budget for the current year, provided that such grant 34 amounts shall be divided into a four-year-old grant amount based on the 35 amount each district was eligible to receive in the base year to serve 36 four-year-old prekindergarten pupils, if any, and a three-year-old grant 37 amount based on the amount each district was eligible to receive in the 38 base year to serve three-year-old pupils, if any, and provided further 39 that the maximum grant shall not exceed the total actual grant expendi- 40 tures incurred by the school district in the current school year as 41 approved by the commissioner[.], and 42 (x) for the two thousand twenty-three--two thousand twenty-four school 43 year and thereafter, each school district shall be eligible to receive a 44 grant amount equal to the greater of the amount provided under subpara- 45 graph (ix) of this paragraph or the product of (A) the sum of (1) eligi- 46 ble half-day three-year-old prekindergarten pupils weighted at 0.5 as 47 defined in clause two of subparagraph (iii) of paragraph b of this 48 subdivision, plus (2) eligible full-day three-year-old prekindergarten 49 pupils as defined in clause two of subparagraph (ii) of paragraph b of 50 this subdivision, plus (3) eligible half-day four-year-old prekindergar- 51 ten pupils weighted at 0.5 as defined in clause one of subparagraph 52 (iii) of paragraph b of this subdivision, plus (4) eligible full-day 53 four-year-old prekindergarten pupils as defined in clause one of subpar- 54 agraph (ii) of paragraph b of this subdivision, plus (5) for the two 55 thousand twenty-three--two thousand twenty-four school year only, expan- 56 sion slots pursuant to subdivision nineteen of this section forS. 4006--B 15 1 districts eligible under such subdivision, multiplied by (B) the greater 2 of (1) twice selected aid per prekindergarten pupil as defined in 3 subparagraph (i) of paragraph b of this subdivision or (2) six thousand 4 nine hundred dollars ($6,900), provided that the maximum grant shall not 5 exceed the total actual grant expenditures incurred by the school 6 district in the current school year as approved by the commissioner. 7 § 14. Paragraph d of subdivision 12 of section 3602-e of the education 8 law, as amended by section 17-b of part A of chapter 56 of the laws of 9 2022, is amended to read as follows: 10 d. transitional guidelines and rules which allow a program to meet the 11 required staff qualifications and any other requirements set forth 12 pursuant to this section and regulations adopted by the board of regents 13 and the commissioner; provided that such guidelines include an annual 14 process by which a district may apply to the commissioner by [August] 15 September first of the current school year for a waiver that would allow 16 personnel employed by an eligible agency that is collaborating with a 17 school district to provide prekindergarten services and licensed by an 18 agency other than the department, to meet the staff qualifications 19 prescribed by the licensing or registering agency. Provided, further, 20 that the commissioner shall annually submit a report by [September] 21 November first to the chairperson of the assembly ways and means commit- 22 tee, the chairperson of the senate finance committee and the director of 23 the budget which shall include but not be limited to the following: (a) 24 a listing of the school districts receiving a waiver pursuant to this 25 paragraph from the commissioner for the current school year; (b) the 26 number and proportion of students within each district receiving a waiv- 27 er pursuant to this paragraph for the current school year that are 28 receiving instruction from personnel employed by an eligible agency that 29 is collaborating with a school district to provide prekindergarten 30 services and licensed by an agency other than the department; and (c) 31 the number and proportion of total prekindergarten personnel for each 32 school district that are providing instructional services pursuant to 33 this paragraph that are employed by an eligible agency that is collab- 34 orating with a school district to provide prekindergarten services and 35 licensed by an agency other than the department, to meet the staff qual- 36 ifications prescribed by the licensing or registering agency. 37 § 15. Paragraph (c) of subdivision 8 of section 3602-ee of the educa- 38 tion law, as amended by section 17-a of part A of chapter 56 of the laws 39 of 2022, is amended to read as follows: 40 (c) for eligible agencies as defined in paragraph b of subdivision one 41 of section thirty-six hundred two-e of this part that are not schools, a 42 bachelor's degree in early childhood education. Provided however, begin- 43 ning with the two thousand twenty-two--two thousand twenty-three school 44 year, a school district may annually apply to the commissioner by 45 [August] September first of the current school year for a waiver that 46 would allow personnel employed by an eligible agency that is collaborat- 47 ing with a school district to provide prekindergarten services and 48 licensed by an agency other than the department, to meet the staff qual- 49 ifications prescribed by the licensing or registering agency. Provided 50 further that the commissioner shall annually submit a report by [Septem-51ber] November first to the chairperson of the assembly ways and means 52 committee, the chairperson of the senate finance committee and the 53 director of the budget which shall include but not be limited to the 54 following: (a) a listing of the school districts receiving a waiver 55 pursuant to this paragraph from the commissioner for the current school 56 year; (b) the number and proportion of students within each districtS. 4006--B 16 1 receiving a waiver pursuant to this paragraph for the current school 2 year that are receiving instruction from personnel employed by an eligi- 3 ble agency that is collaborating with a school district to provide prek- 4 indergarten services and licensed by an agency other than the depart- 5 ment; and (c) the number and proportion of total prekindergarten 6 personnel for each school district that are providing instructional 7 services pursuant to this paragraph that are employed by an eligible 8 agency that is collaborating with a school district to provide prekin- 9 dergarten services and licensed by an agency other than the department, 10 to meet the staff qualifications prescribed by the licensing or regis- 11 tering agency. 12 § 16. Subdivision 16 of section 3602-ee of the education law, as 13 amended by section 17 of part A of chapter 56 of the laws of 2022, is 14 amended to read as follows: 15 16. The authority of the department to administer the universal full- 16 day pre-kindergarten program shall expire June thirtieth, two thousand 17 [twenty-three] twenty-four; provided that the program shall continue and 18 remain in full effect. 19 § 17. Intentionally omitted. 20 § 18. The opening paragraph of section 3609-a of the education law, as 21 amended by section 19 of part A of chapter 56 of the laws of 2022, 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 twenty-two--two thousand twenty-three] 25 two thousand twenty-three--two thousand twenty-four school year, "moneys 26 apportioned" shall mean the lesser of (i) the sum of one hundred percent 27 of the respective amount set forth for each school district as payable 28 pursuant to this section in the school aid computer listing for the 29 current year produced by the commissioner in support of the budget which 30 includes the appropriation for the general support for public schools 31 for the prescribed payments and individualized payments due prior to 32 April first for the current year plus the apportionment payable during 33 the current school year pursuant to subdivision six-a and subdivision 34 fifteen of section thirty-six hundred two of this part minus any 35 reductions to current year aids pursuant to subdivision seven of section 36 thirty-six hundred four of this part or any deduction from apportionment 37 payable pursuant to this chapter for collection of a school district 38 basic contribution as defined in subdivision eight of section forty-four 39 hundred one of this chapter, less any grants provided pursuant to 40 subparagraph two-a of paragraph b of subdivision four of section nine- 41 ty-two-c of the state finance law, less any grants provided pursuant to 42 subdivision five of section ninety-seven-nnnn of the state finance law, 43 less any grants provided pursuant to subdivision twelve of section thir- 44 ty-six hundred forty-one of this article, or (ii) the apportionment 45 calculated by the commissioner based on data on file at the time the 46 payment is processed; provided however, that for the purposes of any 47 payments made pursuant to this section prior to the first business day 48 of June of the current year, moneys apportioned shall not include any 49 aids payable pursuant to subdivisions six and fourteen, if applicable, 50 of section thirty-six hundred two of this part as current year aid for 51 debt service on bond anticipation notes and/or bonds first issued in the 52 current year or any aids payable for full-day kindergarten for the 53 current year pursuant to subdivision nine of section thirty-six hundred 54 two of this part. The definitions of "base year" and "current year" as 55 set forth in subdivision one of section thirty-six hundred two of this 56 part shall apply to this section. For aid payable in the two thousandS. 4006--B 17 1 [twenty-two] twenty-three--two thousand [twenty-three] twenty-four 2 school year, reference to such "school aid computer listing for the 3 current year" shall mean the printouts entitled ["SA222-3"] "SA232-4". 4 § 19. Intentionally omitted. 5 § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992, 6 relating to funding a program for work force education conducted by the 7 consortium for worker education in New York city, as amended by section 8 20 of part A of chapter 56 of the laws of 2022, is amended to read as 9 follows: 10 b. Reimbursement for programs approved in accordance with subdivision 11 a of this section for the reimbursement for the 2018--2019 school year 12 shall not exceed 59.4 percent of the lesser of such approvable costs per 13 contact hour or fourteen dollars and ninety-five cents per contact hour, 14 reimbursement for the 2019--2020 school year shall not exceed 57.7 15 percent of the lesser of such approvable costs per contact hour or 16 fifteen dollars sixty cents per contact hour, reimbursement for the 17 2020--2021 school year shall not exceed 56.9 percent of the lesser of 18 such approvable costs per contact hour or sixteen dollars and twenty- 19 five cents per contact hour, reimbursement for the 2021--2022 school 20 year shall not exceed 56.0 percent of the lesser of such approvable 21 costs per contact hour or sixteen dollars and forty cents per contact 22 hour, [and] reimbursement for the 2022--2023 school year shall not 23 exceed 55.7 percent of the lesser of such approvable costs per contact 24 hour or sixteen dollars and sixty cents per contact hour, and reimburse- 25 ment for the 2023--2024 school year shall not exceed 54.7 percent of the 26 lesser of such approvable costs per contact hour or seventeen dollars 27 and seventy cents per contact hour, and where a contact hour represents 28 sixty minutes of instruction services provided to an eligible adult. 29 Notwithstanding any other provision of law to the contrary, for the 30 2018--2019 school year such contact hours shall not exceed one million 31 four hundred sixty-three thousand nine hundred sixty-three (1,463,963); 32 for the 2019--2020 school year such contact hours shall not exceed one 33 million four hundred forty-four thousand four hundred forty-four 34 (1,444,444); for the 2020--2021 school year such contact hours shall not 35 exceed one million four hundred six thousand nine hundred twenty-six 36 (1,406,926); for the 2021--2022 school year such contact hours shall not 37 exceed one million four hundred sixteen thousand one hundred twenty-two 38 (1,416,122); [and] for the 2022--2023 school year such contact hours 39 shall not exceed one million four hundred six thousand nine hundred 40 twenty-six (1,406,926); and for the 2023--2024 school year such contact 41 hours shall not exceed one million three hundred forty-two thousand nine 42 hundred seventy-five (1,342,975). Notwithstanding any other provision of 43 law to the contrary, the apportionment calculated for the city school 44 district of the city of New York pursuant to subdivision 11 of section 45 3602 of the education law shall be computed as if such contact hours 46 provided by the consortium for worker education, not to exceed the 47 contact hours set forth herein, were eligible for aid in accordance with 48 the provisions of such subdivision 11 of section 3602 of the education 49 law. 50 § 21. Section 4 of chapter 756 of the laws of 1992, relating to fund- 51 ing a program for work force education conducted by the consortium for 52 worker education in New York city, is amended by adding a new subdivi- 53 sion bb to read as follows: 54 bb. The provisions of this subdivision shall not apply after the 55 completion of payments for the 2023--24 school year. Notwithstanding any 56 inconsistent provisions of law, the commissioner of education shallS. 4006--B 18 1 withhold a portion of employment preparation education aid due to the 2 city school district of the city of New York to support a portion of the 3 costs of the work force education program. Such moneys shall be credited 4 to the elementary and secondary education fund-local assistance account 5 and shall not exceed thirteen million dollars ($13,000,000). 6 § 22. Section 6 of chapter 756 of the laws of 1992, relating to fund- 7 ing a program for work force education conducted by the consortium for 8 worker education in New York city, as amended by section 22 of part A of 9 chapter 56 of the laws of 2022, is amended to read as follows: 10 § 6. This act shall take effect July 1, 1992, and shall be deemed 11 repealed [on] June 30, [2023] 2024. 12 § 23. Intentionally omitted. 13 § 24. Section 12 of chapter 147 of the laws of 2001 amending the 14 education law relating to conditional appointment of school district, 15 charter school or BOCES employees, as amended by section 24 of part A of 16 chapter 56 of the laws of 2022, is amended to read as follows: 17 § 12. This act shall take effect on the same date as chapter 180 of 18 the laws of 2000 takes effect[, and shall expire July 1, 2023 when upon19such date the provisions of this act shall be deemed repealed]. 20 § 25. Section 12 of part C of chapter 56 of the laws of 2020 direct- 21 ing the commissioner of education to appoint a monitor for the 22 Rochester city school district, establishing the powers and duties 23 of such monitor and certain other officers and relating to the appor- 24 tionment of aid to such school district, is amended to read as 25 follows: 26 § 12. This act shall take effect immediately, provided, however, that 27 sections two, three, four, five, six, seven, eight, nine and ten of this 28 act shall expire and be deemed repealed June 30, [2023] 2025; and 29 provided further, however that sections one and eleven of this act shall 30 expire and be deemed repealed June 30, 2049. 31 § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws 32 of 2004 relating to the support of education, as amended by section 37 33 of part A of chapter 56 of the laws of 2020, is amended to read as 34 follows: 35 11. section seventy-one of this act shall expire and be deemed 36 repealed June 30, [2023] 2028; 37 § 27. 1. The education department shall conduct a comprehensive study 38 of alternative tuition rate-setting methodologies for approved providers 39 operating school-age programs receiving funding under article 81 and 40 article 89 of the education law and providers operating approved 41 preschool special education programs under section 4410 of the education 42 law for the purpose of developing a new tuition rate-setting methodology 43 to be implemented by the two thousand twenty-eight--two thousand twen- 44 ty-nine school year and thereafter. The department shall ensure that 45 such study consider stakeholder feedback and include, but not be limited 46 to, a comparative analysis of rate-setting methodologies utilized by 47 other agencies of the state of New York, including the rate-setting 48 methodology utilized by the office of children and family services for 49 private residential school programs; options and recommendations for an 50 alternative rate-setting methodology or methodologies; cost estimates 51 for such alternative methodologies; and an analysis of current provider 52 tuition rates compared to tuition rates that would be established under 53 such alternative methodologies; as well as the review and consideration 54 of standardized parameters and criteria, including, but not limited to, 55 defined program and staffing models, regional costs, and minimumS. 4006--B 19 1 required enrollment levels as a percentage of program operating capaci- 2 ties. 3 2. The recommended alternative rate-setting methodology or methodol- 4 ogies proposed for such preschool and school-age providers shall strive 5 to: (a) ensure the fiscal stability of such schools and programs, 6 including the provision of annual increase in reimbursement, for the 7 provision of a free appropriate public education in accordance with 8 applicable program standards pursuant to federal and state law and regu- 9 lation; (b) provide predictability in annual funding levels for such 10 schools and programs; (c) reduce or eliminate tuition rate appeals; (d) 11 include a schedule to phase in new tuition rates in accordance with the 12 recommended methodology or methodologies; and (e) enable issuance of 13 school year tuition rates by the start of each such school year. 14 3. The education department shall present its recommendations and 15 analysis to the governor, the division of the budget and the legisla- 16 ture, through their respective finance and ways and means chairs, educa- 17 tion chairs, and ranking members of such committees, no later than July 18 1, 2025, provided, however, that the department shall regularly consult 19 with the division of the budget and the legislature throughout 20 completion of its study. Adoption of any alternative rate-setting meth- 21 odologies shall be subject to the approval of the director of the divi- 22 sion of the budget; provided, however, any requested amendments or disa- 23 greement to such recommendations made by the department would be 24 outlined and provided in writing, along with justification and analysis 25 for such provided by the division of budget to the governor, the tempo- 26 rary president of the senate, the minority leader of the senate, the 27 speaker of the assembly, and the minority leader of the assembly. 28 § 28. Intentionally omitted. 29 § 29. Special apportionment for salary expenses. 1. Notwithstanding 30 any other provision of law, upon application to the commissioner of 31 education, not sooner than the first day of the second full business 32 week of June 2024 and not later than the last day of the third full 33 business week of June 2024, a school district eligible for an apportion- 34 ment pursuant to section 3602 of the education law shall be eligible to 35 receive an apportionment pursuant to this section, for the school year 36 ending June 30, 2024, for salary expenses incurred between April 1 and 37 June 30, 2023 and such apportionment shall not exceed the sum of (a) the 38 deficit reduction assessment of 1990--1991 as determined by the commis- 39 sioner of education, pursuant to paragraph f of subdivision 1 of section 40 3602 of the education law, as in effect through June 30, 1993, plus (b) 41 186 percent of such amount for a city school district in a city with a 42 population in excess of 1,000,000 inhabitants, plus (c) 209 percent of 43 such amount for a city school district in a city with a population of 44 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 45 ing to the latest federal census, plus (d) the net gap elimination 46 adjustment for 2010--2011, as determined by the commissioner of educa- 47 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- 48 nation adjustment for 2011-- 2012 as determined by the commissioner of 49 education pursuant to subdivision 17 of section 3602 of the education 50 law, and provided further that such apportionment shall not exceed such 51 salary expenses. Such application shall be made by a school district, 52 after the board of education or trustees have adopted a resolution to do 53 so and in the case of a city school district in a city with a population 54 in excess of 125,000 inhabitants, with the approval of the mayor of such 55 city.S. 4006--B 20 1 2. The claim for an apportionment to be paid to a school district 2 pursuant to subdivision 1 of this section shall be submitted to the 3 commissioner of education on a form prescribed for such purpose, and 4 shall be payable upon determination by such commissioner that the form 5 has been submitted as prescribed. Such approved amounts shall be payable 6 on the same day in September of the school year following the year in 7 which application was made as funds provided pursuant to subparagraph 4 8 of paragraph b of subdivision 4 of section 92-c of the state finance 9 law, on the audit and warrant of the state comptroller on vouchers 10 certified or approved by the commissioner of education in the manner 11 prescribed by law from moneys in the state lottery fund and from the 12 general fund to the extent that the amount paid to a school district 13 pursuant to this section exceeds the amount, if any, due such school 14 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 15 section 3609-a of the education law in the school year following the 16 year in which application was made. 17 3. Notwithstanding the provisions of section 3609-a of the education 18 law, an amount equal to the amount paid to a school district pursuant to 19 subdivisions 1 and 2 of this section shall first be deducted from the 20 following payments due the school district during the school year 21 following the year in which application was made pursuant to subpara- 22 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 23 3609-a of the education law in the following order: the lottery appor- 24 tionment payable pursuant to subparagraph 2 of such paragraph followed 25 by the fixed fall payments payable pursuant to subparagraph 4 of such 26 paragraph and then followed by the district's payments to the teachers' 27 retirement system pursuant to subparagraph 1 of such paragraph, and any 28 remainder to be deducted from the individualized payments due the 29 district pursuant to paragraph b of such subdivision shall be deducted 30 on a chronological basis starting with the earliest payment due the 31 district. 32 § 30. Special apportionment for public pension accruals. 1. Notwith- 33 standing any other provision of law, upon application to the commission- 34 er of education, not later than June 30, 2024, a school district eligi- 35 ble for an apportionment pursuant to section 3602 of the education law 36 shall be eligible to receive an apportionment pursuant to this section, 37 for the school year ending June 30, 2024 and such apportionment shall 38 not exceed the additional accruals required to be made by school 39 districts in the 2004--2005 and 2005--2006 school years associated with 40 changes for such public pension liabilities. The amount of such addi- 41 tional accrual shall be certified to the commissioner of education by 42 the president of the board of education or the trustees or, in the case 43 of a city school district in a city with a population in excess of 44 125,000 inhabitants, the mayor of such city. Such application shall be 45 made by a school district, after the board of education or trustees have 46 adopted a resolution to do so and in the case of a city school district 47 in a city with a population in excess of 125,000 inhabitants, with the 48 approval of the mayor of such city. 49 2. The claim for an apportionment to be paid to a school district 50 pursuant to subdivision 1 of this section shall be submitted to the 51 commissioner of education on a form prescribed for such purpose, and 52 shall be payable upon determination by such commissioner that the form 53 has been submitted as prescribed. Such approved amounts shall be payable 54 on the same day in September of the school year following the year in 55 which application was made as funds provided pursuant to subparagraph 4 56 of paragraph b of subdivision 4 of section 92-c of the state financeS. 4006--B 21 1 law, on the audit and warrant of the state comptroller on vouchers 2 certified or approved by the commissioner of education in the manner 3 prescribed by law from moneys in the state lottery fund and from the 4 general fund to the extent that the amount paid to a school district 5 pursuant to this section exceeds the amount, if any, due such school 6 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 7 section 3609-a of the education law in the school year following the 8 year in which application was made. 9 3. Notwithstanding the provisions of section 3609-a of the education 10 law, an amount equal to the amount paid to a school district pursuant to 11 subdivisions 1 and 2 of this section shall first be deducted from the 12 following payments due the school district during the school year 13 following the year in which application was made pursuant to subpara- 14 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 15 3609-a of the education law in the following order: the lottery appor- 16 tionment payable pursuant to subparagraph 2 of such paragraph followed 17 by the fixed fall payments payable pursuant to subparagraph 4 of such 18 paragraph and then followed by the district's payments to the teachers' 19 retirement system pursuant to subparagraph 1 of such paragraph, and any 20 remainder to be deducted from the individualized payments due the 21 district pursuant to paragraph b of such subdivision shall be deducted 22 on a chronological basis starting with the earliest payment due the 23 district. 24 § 31. The amounts specified in this section shall be a set-aside from 25 the state funds which each such district is receiving from the total 26 foundation aid: 27 1. for the development, maintenance or expansion of magnet schools or 28 magnet school programs for the 2023--2024 school year. For the city 29 school district of the city of New York there shall be a set-aside of 30 foundation aid equal to forty-eight million one hundred seventy-five 31 thousand dollars ($48,175,000) including five hundred thousand dollars 32 ($500,000) for the Andrew Jackson High School; for the Buffalo city 33 school district, twenty-one million twenty-five thousand dollars 34 ($21,025,000); for the Rochester city school district, fifteen million 35 dollars ($15,000,000); for the Syracuse city school district, thirteen 36 million dollars ($13,000,000); for the Yonkers city school district, 37 forty-nine million five hundred thousand dollars ($49,500,000); for the 38 Newburgh city school district, four million six hundred forty-five thou- 39 sand dollars ($4,645,000); for the Poughkeepsie city school district, 40 two million four hundred seventy-five thousand dollars ($2,475,000); for 41 the Mount Vernon city school district, two million dollars ($2,000,000); 42 for the New Rochelle city school district, one million four hundred ten 43 thousand dollars ($1,410,000); for the Schenectady city school district, 44 one million eight hundred thousand dollars ($1,800,000); for the Port 45 Chester city school district, one million one hundred fifty thousand 46 dollars ($1,150,000); for the White Plains city school district, nine 47 hundred thousand dollars ($900,000); for the Niagara Falls city school 48 district, six hundred thousand dollars ($600,000); for the Albany city 49 school district, three million five hundred fifty thousand dollars 50 ($3,550,000); for the Utica city school district, two million dollars 51 ($2,000,000); for the Beacon city school district, five hundred sixty- 52 six thousand dollars ($566,000); for the Middletown city school 53 district, four hundred thousand dollars ($400,000); for the Freeport 54 union free school district, four hundred thousand dollars ($400,000); 55 for the Greenburgh central school district, three hundred thousand 56 dollars ($300,000); for the Amsterdam city school district, eightS. 4006--B 22 1 hundred thousand dollars ($800,000); for the Peekskill city school 2 district, two hundred thousand dollars ($200,000); and for the Hudson 3 city school district, four hundred thousand dollars ($400,000). 4 2. Notwithstanding any inconsistent provision of law to the contrary, 5 a school district setting aside such foundation aid pursuant to this 6 section may use such set-aside funds for: (a) any instructional or 7 instructional support costs associated with the operation of a magnet 8 school; or (b) any instructional or instructional support costs associ- 9 ated with implementation of an alternative approach to promote diversity 10 and/or enhancement of the instructional program and raising of standards 11 in elementary and secondary schools of school districts having substan- 12 tial concentrations of minority students. 13 3. The commissioner of education shall not be authorized to withhold 14 foundation aid from a school district that used such funds in accordance 15 with this subdivision, notwithstanding any inconsistency with a request 16 for proposals issued by such commissioner for the purpose of attendance 17 improvement and dropout prevention for the 2023--2024 school year, and 18 for any city school district in a city having a population of more than 19 one million, the set-aside for attendance improvement and dropout 20 prevention shall equal the amount set aside in the base year. For the 21 2023--2024 school year, it is further provided that any city school 22 district in a city having a population of more than one million shall 23 allocate at least one-third of any increase from base year levels in 24 funds set aside pursuant to the requirements of this section to communi- 25 ty-based organizations. Any increase required pursuant to this section 26 to community-based organizations must be in addition to allocations 27 provided to community-based organizations in the base year. 28 4. For the purpose of teacher support for the 2023--2024 school year: 29 for the city school district of the city of New York, sixty-two million 30 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 31 school district, one million seven hundred forty-one thousand dollars 32 ($1,741,000); for the Rochester city school district, one million seven- 33 ty-six thousand dollars ($1,076,000); for the Yonkers city school 34 district, one million one hundred forty-seven thousand dollars 35 ($1,147,000); and for the Syracuse city school district, eight hundred 36 nine thousand dollars ($809,000). All funds made available to a school 37 district pursuant to this section shall be distributed among teachers 38 including prekindergarten teachers and teachers of adult vocational and 39 academic subjects in accordance with this section and shall be in addi- 40 tion to salaries heretofore or hereafter negotiated or made available; 41 provided, however, that all funds distributed pursuant to this section 42 for the current year shall be deemed to incorporate all funds distrib- 43 uted pursuant to former subdivision 27 of section 3602 of the education 44 law for prior years. In school districts where the teachers are repres- 45 ented by certified or recognized employee organizations, all salary 46 increases funded pursuant to this section shall be determined by sepa- 47 rate collective negotiations conducted pursuant to the provisions and 48 procedures of article 14 of the civil service law, notwithstanding the 49 existence of a negotiated agreement between a school district and a 50 certified or recognized employee organization. 51 § 32. Support of public libraries. The moneys appropriated for the 52 support of public libraries by a chapter of the laws of 2023 enacting 53 the aid to localities budget shall be apportioned for the 2023-2024 54 state fiscal year in accordance with the provisions of sections 271, 55 272, 273, 282, 284, and 285 of the education law as amended by the 56 provisions of such chapter and the provisions of this section, providedS. 4006--B 23 1 that library construction aid pursuant to section 273-a of the education 2 law shall not be payable from the appropriations for the support of 3 public libraries and provided further that no library, library system or 4 program, as defined by the commissioner of education, shall receive less 5 total system or program aid than it received for the year 2001-2002 6 except as a result of a reduction adjustment necessary to conform to the 7 appropriations for support of public libraries. 8 Notwithstanding any other provision of law to the contrary the moneys 9 appropriated for the support of public libraries for the year 2023-2024 10 by a chapter of the laws of 2023 enacting the aid to localities budget 11 shall fulfill the state's obligation to provide such aid and, pursuant 12 to a plan developed by the commissioner of education and approved by the 13 director of the budget, the aid payable to libraries and library systems 14 pursuant to such appropriations shall be reduced proportionately to 15 ensure that the total amount of aid payable does not exceed the total 16 appropriations for such purpose. 17 § 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the 18 laws of 2002 relating to the financial stability of the Rochester city 19 school district, is amended to read as follows: 20 (2) Notwithstanding any other provisions of law, for aid payable in 21 the 2002-03 through [2022-23] 2027-28 school years, an amount equal to 22 twenty million dollars ($20,000,000) of general support for public 23 schools otherwise due and payable to the Rochester city school district 24 on or before September first of the applicable school year shall be for 25 an entitlement period ending the immediately preceding June thirtieth. 26 § 33-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- 27 tion law, as amended by section 22-a of part A of chapter 56 of the laws 28 of 2022, is amended to read as follows: 29 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 30 sion, for aid payable in the school years two thousand--two thousand one 31 through two thousand nine--two thousand ten, and two thousand eleven-- 32 two thousand twelve [through two thousand twenty-two--two thousand twen-33ty-three] and thereafter, the commissioner may set aside an amount not 34 to exceed two million five hundred thousand dollars from the funds 35 appropriated for purposes of this subdivision for the purpose of serving 36 persons twenty-one years of age or older who have not been enrolled in 37 any school for the preceding school year, including persons who have 38 received a high school diploma or high school equivalency diploma but 39 fail to demonstrate basic educational competencies as defined in regu- 40 lation by the commissioner, when measured by accepted standardized 41 tests, and who shall be eligible to attend employment preparation educa- 42 tion programs operated pursuant to this subdivision. 43 § 33-b. Subdivision a of section 5 of chapter 121 of the laws of 1996, 44 relating to authorizing the Roosevelt union free school district to 45 finance deficits by the issuance of serial bonds, as amended by section 46 30-a of part A of chapter 56 of the laws of 2022, is amended to read as 47 follows: 48 a. Notwithstanding any other provisions of law, upon application to 49 the commissioner of education submitted not sooner than April first and 50 not later than June thirtieth of the applicable school year, the Roose- 51 velt union free school district shall be eligible to receive an appor- 52 tionment pursuant to this chapter for salary expenses, including related 53 benefits, incurred between April first and June thirtieth of such school 54 year. Such apportionment shall not exceed: for the 1996-97 school year 55 [through the 2022-23 school year] and thereafter, four million dollars 56 ($4,000,000)[; for the 2023-24 school year, three million dollarsS. 4006--B 24 1($3,000,000); for the 2024-25 school year, two million dollars2($2,000,000); for the 2025-26 school year, one million dollars3($1,000,000); and for the 2026-27 school year, zero dollars]. Such 4 annual application shall be made after the board of education has 5 adopted a resolution to do so with the approval of the commissioner of 6 education. 7 § 33-c. Section 2 of chapter 308 of the laws of 2012 amending the 8 general municipal law relating to providing local governments greater 9 contract flexibility and cost savings by permitting certain shared 10 purchasing among political subdivisions, as amended by chapter 95 of the 11 laws of 2021, is amended to read as follows: 12 § 2. This act shall take effect immediately, and shall expire and be 13 deemed repealed July 31, [2023] 2025. 14 § 34. Severability. The provisions of this act shall be severable, and 15 if the application of any clause, sentence, paragraph, subdivision, 16 section or part of this act to any person or circumstance shall be 17 adjudged by any court of competent jurisdiction to be invalid, such 18 judgment shall not necessarily affect, impair or invalidate the applica- 19 tion of any such clause, sentence, paragraph, subdivision, section, part 20 of this act or remainder thereof, as the case may be, to any other 21 person or circumstance, but shall be confined in its operation to the 22 clause, sentence, paragraph, subdivision, section or part thereof 23 directly involved in the controversy in which such judgment shall have 24 been rendered. 25 § 35. This act shall take effect immediately, and shall be deemed to 26 have been in full force and effect on and after April 1, 2023, provided, 27 however, that: 28 1. Sections one, two, five, eight, nine, ten, eleven, fourteen, 29 fifteen, sixteen, eighteen, thirty-one, thirty-three, thirty-three-a and 30 thirty-three-b of this act shall take effect July 1, 2023; and 31 2. The amendments to chapter 756 of the laws of 1992 relating to fund- 32 ing a program for work force education conducted by a consortium for 33 worker education in New York city made by sections twenty and twenty-one 34 of this act shall not affect the repeal of such chapter and shall be 35 deemed repealed therewith. 36 PART A-1 37 Section 1. The education law is amended by adding a new section 915-a 38 to read as follows: 39 § 915-a. Universal school meals. 1. The department shall require all 40 public school districts, charter schools and non-public schools in the 41 state that participate in the national school lunch program or school 42 breakfast program as provided in the Richard B. Russell National School 43 Lunch Act and the Child Nutrition Act, as amended, to serve breakfast 44 and lunch at no cost to the student. Public school districts, charter 45 schools and non-public schools shall maximize federal reimbursement for 46 school breakfast and lunch programs by adopting Provision 2, the federal 47 Community Eligibility Provision, or any other provision under such act, 48 the National School Lunch Act or the National Child Nutrition Act. 49 2. The department shall reimburse the difference between the amount 50 paid by the United States Department of Agriculture and the free rate as 51 set annually by the United States Secretary of Agriculture under 42 52 U.S.C. 1759a for each school. 53 3. The department in consultation with the office of temporary and 54 disability assistance shall promulgate any rule or regulation needed forS. 4006--B 25 1 public school districts, charter schools and non-public schools to 2 promote the supplemental nutrition assistance program to a student or 3 person in parental relation to a student by either providing application 4 assistance or a direct referral to an outreach partner identified by the 5 department to the office of temporary and disability assistance to 6 increase the number of students directly certified for free or reduced 7 price school meals. 8 4. In addition to fulfilling any other applicable state and federal 9 requirements, the department shall provide technical assistance to 10 assist public school districts, charter schools, and non-public schools 11 in the transition to universal school meals to ensure successful program 12 operations and to maximize federal funding, including: 13 a. Assisting local educational agencies with one or more community-el- 14 igibility qualifying schools in meeting any state and federal require- 15 ments necessary in order to receive reimbursement through the community 16 eligibility provision. 17 b. If a school or district is ineligible to receive reimbursement 18 through the community eligibility provision, assisting the school or 19 district in achieving eligibility and, if that is not feasible, assist 20 the school or district in determining the viability of using Provision 2 21 or other special federal provisions available to schools. 22 c. Maximizing direct certification for specific populations as allow- 23 able under federal rules. 24 5. School districts shall require parents or guardians of students to 25 fill out the free and reduced price lunch form as part of the annual 26 registration process. 27 § 2. Section 5 of chapter 537 of the laws of 1976, relating to paid, 28 free and reduced price breakfast for eligible pupils in certain school 29 districts, as amended by section 22-b of part A of chapter 56 of the 30 laws of 2022, is amended to read as follows: 31 § 5. a. Notwithstanding any monetary limitations with respect to 32 school lunch programs contained in any law or regulation, for school 33 lunch meals served in the school year commencing July 1, 2019 and ending 34 June 30, 2022, a school food authority shall be eligible for a lunch 35 meal State subsidy of twenty-five cents, which shall include any annual 36 State subsidy received by such school food authority under any other 37 provision of State law, for any school lunch meal served by such school 38 food authority; provided that the school food authority certifies to the 39 State Education Department through the application submitted pursuant to 40 subdivision c of this section that such food authority has purchased at 41 least thirty percent of its total cost of food products for its school 42 lunch service program from New York state farmers, growers, producers or 43 processors in the preceding school year. Commencing July 1, 2023, and 44 each July 1 thereafter, a school food authority shall be allowed to 45 attribute moneys spent on purchases of food products from New York state 46 farmers, growers, producers or processors made for all in school meal 47 programs, such as breakfast and snacks, to the thirty percent of costs 48 for school lunch service programs. 49 b. Notwithstanding any monetary limitations with respect to school 50 lunch programs contained in any law or regulation, for school lunch 51 meals served in the school year commencing July 1, 2022 and each July 1 52 thereafter, a school food authority shall be eligible for a lunch meal 53 State subsidy of twenty-five cents, which shall include any annual State 54 subsidy received by such school food authority under any other provision 55 of State law, for any school lunch meal served by such school food 56 authority; provided that the school food authority certifies to theS. 4006--B 26 1 Department of Agriculture and Markets through the application submitted 2 pursuant to subdivision c of this section that such food authority has 3 purchased at least thirty percent of its total cost of food products for 4 its school lunch service program from New York state farmers, growers, 5 producers or processors in the preceding school year. 6 c. The Department of Agriculture and Markets in cooperation with the 7 State Education Department, shall develop an application for school food 8 authorities to seek an additional State subsidy pursuant to this section 9 in a timeline and format prescribed by the commissioner of agriculture 10 and markets. Such application shall include, but not be limited to, 11 documentation demonstrating the school food authority's total food 12 purchases for its school lunch service program, and documentation demon- 13 strating its total food purchases and percentages for such program, 14 permitted to be counted under this section, from New York State farmers, 15 growers, producers or processors in the preceding school year. The 16 application shall also include an attestation from the school food 17 authority's chief operating officer that it purchased at least thirty 18 percent of its total cost of food products permitted to be counted under 19 this section for its school lunch service program from New York State 20 farmers, growers, producers or processors in the preceding school year 21 in order to meet the requirements for this additional State subsidy. 22 School food authorities shall be required to annually apply for this 23 subsidy. After reviewing school food authorities' completed applications 24 for an additional State subsidy pursuant to this section, the Department 25 of Agriculture and Markets shall certify to the State Education Depart- 26 ment the school food authorities approved for such additional State 27 subsidy and the State Education Department shall pay such additional 28 State subsidy to such school food authorities. 29 d. The Department of Agriculture and Markets shall annually publish 30 information on its website commencing on September 1, 2022 and each 31 September 1 thereafter, relating to each school food authority that 32 applied for and received this additional State subsidy, including but 33 not limited to: the school food authority name, student enrollment, 34 average daily lunch participation, total food costs for its school lunch 35 service program, total cost of food products for its school lunch 36 service program purchased from New York State farmers, growers, produc- 37 ers or processors, and the percent of total food costs that were 38 purchased from New York State farmers, growers, producers or processors 39 for its school lunch service program. 40 § 3. Subparagraph 1 of paragraph b of subdivision 6-f of section 3602 41 of the education law, as added by section 19 of part H of chapter 83 of 42 the laws of 2002, is amended to read as follows: 43 (1) has a total project cost of [one] two hundred fifty thousand 44 dollars or less; provided however, that for any district, no more than 45 one project shall be eligible pursuant to this subparagraph for an 46 apportionment within the same school year; and/or 47 § 4. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 of 48 the education law, as added by chapter 617 of the laws of 2021, is 49 renumbered subparagraph 10 and a new subparagraph 11 is added to read as 50 follows: 51 (11) Notwithstanding any other provision of law to the contrary, for 52 the purpose of computation of building aid for construction, recon- 53 struction or modernizing of not more than five capital construction 54 projects by the Binghamton city school district, multi-year cost allow- 55 ances for each project shall be established and utilized three times in 56 the first five-year period. Subsequent multi-year cost allowances shallS. 4006--B 27 1 be established no sooner than ten years after establishment of the first 2 maximum cost allowance authorized pursuant to this subparagraph. 3 § 5. Subparagraphs (i) and (ii) of paragraph k of subdivision 4 of 4 section 4405 of the education law, as amended by section 19-a of part A 5 of chapter 56 of the laws of 2022, are amended to read as follows: 6 (i) The tuition methodology established pursuant to this subdivision 7 for the two thousand [twenty-one] twenty-two--two thousand [twenty-two] 8 twenty-three school year shall authorize approved private residential or 9 non-residential schools for the education of students with disabilities 10 that are located within the state, and special act school districts to 11 retain funds prior to the application of reconciliation, including but 12 not limited to, the application of non-direct care and total cost 13 screens, in excess of their allowable and reimbursable costs, as defined 14 by the reimbursable cost manual, incurred for services and programs 15 provided to school-age students. The amount of funds that may be annual- 16 ly retained shall not exceed one percent of the school's or school 17 district's [total allowable and reimbursable costs for services and18programs] prospective per diem rate for services and programs provided 19 to school-age students for the school year from which the funds are to 20 be retained; provided that the total accumulated balance that may be 21 retained shall not exceed four percent of such total costs for such 22 school year; and provided further that such funds shall [not] be [recov-23erable on] retained prior to the application of reconciliation of 24 tuition rates, and shall be separate from and in addition to any other 25 authorization to retain surplus funds on reconciliation. 26 (ii) The tuition methodology established pursuant to this subdivision 27 for the two thousand [twenty-two] twenty-three--two thousand [twenty-28three] twenty-four school year and annually thereafter shall authorize 29 approved providers to retain funds prior to the application of reconcil- 30 iation, including, but not limited to, the application of non-direct 31 care and total cost screens, in excess of their allowable and reimbursa- 32 ble costs, as defined by the reimbursable cost manual, incurred for 33 services and programs provided to school-age and preschool students. The 34 amount of funds that may be annually retained shall not exceed the 35 allowable surplus percentage, as defined in subparagraph (iii) of this 36 paragraph, of the approved provider's [total allowable and reimbursable37costs] prospective per diem rate for services and programs provided to 38 school-age and preschool students for the school year from which the 39 funds are to be retained[, as defined in subparagraph (iii) of this40paragraph]; provided that such funds shall [not] be [recoverable on] 41 retained prior to the application of reconciliation [of tuition rates]. 42 For purposes of this subparagraph, "approved providers" shall mean 43 private residential or non-residential schools for the education of 44 students with disabilities that are located within the state, special 45 act school districts, July and August programs for students with disa- 46 bilities approved pursuant to section forty-four hundred eight of this 47 article, and programs approved pursuant to section forty-four hundred 48 ten of this article that are subject to tuition rate reconciliation. 49 § 6. Subdivision 4 of section 4405 of the education law is amended by 50 adding a new paragraph l to read as follows: 51 1. Tuition, regional, and/or fee for service reimbursement rates 52 determined and approved on an interim basis in advance of the establish- 53 ment of reimbursement rates pursuant to the tuition methodology estab- 54 lished pursuant to this subdivision for the two thousand twenty-three-- 55 two thousand twenty-four school year and annually thereafter, for 56 special services and programs provided to school age students byS. 4006--B 28 1 approved private residential or non-residential schools for the educa- 2 tion of students with disabilities that are located within the state, by 3 special act school districts, and by July and August programs for 4 students with disabilities approved pursuant to section forty-four 5 hundred eight of this article and for special services or programs 6 provided to preschool students with disabilities by programs approved 7 pursuant to section forty-four hundred ten of this article including, 8 but not limited to, special class and special class in an integrated 9 setting programs, multi-disciplinary evaluation programs, special educa- 10 tion itinerant services, and preschool transportation services for 11 which tuition and/or fee for service rates are determined shall include 12 the annual growth amount for such rates approved for the two thousand 13 twenty-three--two thousand twenty-four school year and annually there- 14 after pending certification of the prospective rates for the two thou- 15 sand twenty-three--two thousand twenty-four school year and subsequent 16 school years. 17 § 7. Section 4003 of the education law is amended by adding a new 18 subdivision 8 to read as follows: 19 8. Tuition, regional, and/or fee for service reimbursement rates 20 determined and approved on an interim basis in advance of the establish- 21 ment of reimbursement rates pursuant to the tuition methodology estab- 22 lished pursuant to this section for the two thousand twenty-three--two 23 thousand twenty-four school year and annually thereafter, for special 24 services and programs provided to school age students by a special act 25 school district or an approved private school operated by a child care 26 institution shall include the annual growth amount for such rates 27 approved for the two thousand twenty-three--two thousand twenty-four 28 school year and annually thereafter pending certification of the 29 prospective rates for the two thousand twenty-three--two thousand twen- 30 ty-four school year and subsequent school years. 31 § 8. Paragraph c of subdivision 4 of section 4405 of the education 32 law, as amended by chapter 82 of the laws of 1995, is amended to read as 33 follows: 34 c. The director of the budget, in consultation with the commissioner 35 [of education], the commissioner of social services, and any other state 36 agency or other source the director may deem appropriate, shall approve 37 reimbursement methodologies for tuition and for maintenance. Any modifi- 38 cation in the approved reimbursement methodologies shall be subject to 39 the approval of the director of the budget. [Notwithstanding any other40provision of law, rule or regulation to the contrary, tuition rates41established for the nineteen hundred ninety-five--ninety-six school year42shall exclude the two percent cost of living adjustment authorized in43rates established for the nineteen hundred ninety-four--ninety-five44school year.] Tuition, regional, and/or fee for service rates approved 45 for the two thousand twenty-three--two thousand twenty-four school year 46 and thereafter for special services or programs provided to school-age 47 students by approved private residential or non-residential schools for 48 the education of students with disabilities that are located within the 49 state, by special act school districts, and by July and August programs 50 for students with disabilities entitled to attend public schools without 51 the payment of tuition pursuant to section thirty-two hundred two of 52 this chapter, and for special services or programs provided to preschool 53 students by programs serving preschool students with disabilities 54 approved pursuant to section forty-four hundred ten of this article 55 including, but not limited to, special class and special class in an 56 integrated setting programs, multi-disciplinary evaluation programs,S. 4006--B 29 1 special education itinerant services, and preschool transportation 2 services for which tuition and/or regional rates are determined, shall 3 grow by a percentage equal to the greater of: (i) the difference of the 4 quotient arrived at when dividing the statewide apportionments for 5 general support for public schools, as defined in subdivision one of 6 section thirty-six hundred nine-a of this chapter, for the current year 7 by such apportionments for the base year, as such terms are defined in 8 subdivision one of section thirty-six hundred two of this chapter, as 9 computed based on an electronic data file used to produce the school aid 10 computer listing produced by the commissioner in support of the enacted 11 budget for the current year, less one; or (ii) zero. 12 § 9. Subdivision 2 of section 4003 of the education law, as amended by 13 chapter 947 of the laws of 1981, is amended to read as follows: 14 2. The director of the budget, in consultation with the commissioner 15 [of education], the commissioner of social services, the commissioner of 16 health, the commissioner of mental health, and any other state agency or 17 other source he may deem appropriate, shall approve reimbursement meth- 18 odologies for tuition and maintenance. Any modification in any such 19 methodology which has previously been approved shall be subject to the 20 approval of the director of the budget. Tuition, regional, and/or fee 21 for service rates approved for the two thousand twenty-three--two thou- 22 sand twenty-four school year and thereafter for special services or 23 programs provided to school-age students by an approved private school 24 or special act school district operated by a child care institution, 25 shall grow by a percentage equal to the greater of: (i) the difference 26 of the quotient arrived at when dividing the statewide apportionments 27 for general support for public schools, as defined in subdivision one of 28 section thirty-six hundred nine-a of this chapter, for the current year 29 by such apportionments for the base year, as such terms are defined in 30 subdivision one of section thirty-six hundred two of this chapter, as 31 computed based on an electronic data file used to produce the school aid 32 computer listing produced by the commissioner in support of the enacted 33 budget for the current year, less one; or (ii) zero. 34 § 10. Section 4204-b of the education law is amended by adding a new 35 subdivision 5 to read as follows: 36 5. For the two thousand twenty-three--two thousand twenty-four school 37 year and thereafter, an institution subject to this article shall be 38 authorized to retain funds in excess of their allowable and reimbursable 39 costs incurred for services and programs to students appointed. The 40 amount of funds that may be annually retained shall not exceed one 41 percent of the institution's total allowable and reimbursable costs for 42 services and programs provided to students for the school year from 43 which the funds are to be retained, provided that the total accumulated 44 balance that may be retained shall not exceed four percent of such total 45 costs for such school year and provided, further, that such funds shall 46 not be recoverable on reconciliation, such funds shall be carried 47 forward as total reimbursable costs for purposes of calculating subse- 48 quent year prospective and reconciliation tuition rates and such funds 49 shall be separate from and in addition to any other authorization to 50 retain surplus funds on reconciliation. Funds shall be expended only 51 pursuant to an authorization of the governing board of the institution 52 for a purpose expressly authorized as part of allowable costs for the 53 year in which the funds are to be expended, provided that funds may be 54 expended to pay prior year outstanding debts. Any institution that 55 retains funds pursuant to this subdivision shall be required to annually 56 report a statement of the total balance of such retained funds, theS. 4006--B 30 1 amount, if any, retained in the prior school year, the amount, if any, 2 dispersed in the prior school year, and the financial reports that are 3 required to be annually submitted to the department. 4 § 11. Paragraph b of subdivision 5 of section 1950 of the education 5 law, as amended by chapter 130 of the laws of 2022, is amended to read 6 as follows: 7 b. The cost of services herein referred to shall be the amount allo- 8 cated to each component school district by the board of cooperative 9 educational services to defray expenses of such board, including 10 approved expenses from the testing of potable water systems of occupied 11 school buildings under the board's jurisdiction as required pursuant to 12 section eleven hundred ten of the public health law provided that such 13 expenses for testing of potable water systems are not reimbursable from 14 another state or federal source, except that that part of the salary 15 paid any teacher, supervisor or other employee of the board of cooper- 16 ative educational services which is, (i) for the two thousand twenty- 17 two--two thousand twenty-three school year and prior school years, in 18 excess of thirty thousand dollars, (ii) for aid payable in the two thou- 19 sand twenty-three--two thousand twenty-four school year in excess of 20 forty thousand dollars, (iii) for aid payable in the two thousand twen- 21 ty-four--two thousand twenty-five school year in excess of fifty thou- 22 sand dollars, (iv) for aid payable in the two thousand twenty-five--two 23 thousand twenty-six school year and thereafter, in excess of sixty thou- 24 sand dollars, shall not be such an approved expense, and except also 25 that administrative and clerical expenses shall not exceed ten percent 26 of the total expenses for purposes of this computation. Any gifts, 27 donations or interest earned by the board of cooperative educational 28 services or on behalf of the board of cooperative educational services 29 by the dormitory authority or any other source shall not be deducted in 30 determining the cost of services allocated to each component school 31 district. Any payments made to a component school district by the board 32 of cooperative educational services pursuant to subdivision eleven of 33 section six-p of the general municipal law attributable to an approved 34 cost of service computed pursuant to this subdivision shall be deducted 35 from the cost of services allocated to such component school district. 36 The expense of transportation provided by the board of cooperative 37 educational services pursuant to paragraph q of subdivision four of this 38 section shall be eligible for aid apportioned pursuant to subdivision 39 seven of section thirty-six hundred two of this chapter and no board of 40 cooperative educational services transportation expense shall be an 41 approved cost of services for the computation of aid under this subdivi- 42 sion. Transportation expense pursuant to paragraph q of subdivision 43 four of this section shall be included in the computation of the ten 44 percent limitation on administrative and clerical expenses. 45 § 12. Paragraph b of subdivision 10 of section 3602 of the education 46 law, as amended by section 16 of part B of chapter 57 of the laws of 47 2007, is amended to read as follows: 48 b. Aid for career education. There shall be apportioned to such city 49 school districts and other school districts which were not components of 50 a board of cooperative educational services in the base year for pupils 51 in grades [ten] nine through twelve in attendance in career education 52 programs as such programs are defined by the commissioner, subject for 53 the purposes of this paragraph to the approval of the director of the 54 budget, an amount for each such pupil to be computed by multiplying the 55 career education aid ratio by three thousand nine hundred dollars. Such 56 aid will be payable for weighted pupils attending career educationS. 4006--B 31 1 programs operated by the school district and for weighted pupils for 2 whom such school district contracts with boards of cooperative educa- 3 tional services to attend career education programs operated by a board 4 of cooperative educational services. Weighted pupils for the purposes of 5 this paragraph shall mean the sum of the attendance of students in 6 grades [ten] nine through twelve in career education sequences in trade, 7 industrial, technical, agricultural or health programs plus the product 8 of sixteen hundredths multiplied by the attendance of students in grades 9 [ten] nine through twelve in career education sequences in business and 10 marketing as defined by the commissioner in regulations. The career 11 education aid ratio shall be computed by subtracting from one the prod- 12 uct obtained by multiplying fifty-nine percent by the combined wealth 13 ratio. This aid ratio shall be expressed as a decimal carried to three 14 places without rounding, but not less than thirty-six percent. 15 Any school district that receives aid pursuant to this paragraph shall 16 be required to use such amount to support career education programs in 17 the current year. 18 A board of education which spends less than its local funds as defined 19 by regulations of the commissioner for career education in the base year 20 during the current year shall have its apportionment under this subdivi- 21 sion reduced in an amount equal to such deficiency in the current or a 22 succeeding school year, provided however that the commissioner may waive 23 such reduction upon determination that overall expenditures per pupil in 24 support of career education programs were continued at a level equal to 25 or greater than the level of such overall expenditures per pupil in the 26 preceding school year. 27 § 13. Subdivision 6-a of section 3641 of the education law, as added 28 by section 16 of part A of chapter 57 of the laws of 2013, is amended to 29 read as follows: 30 6-a. Community school grants. [a. Within the amount appropriated for31such purpose, subject to a plan developed by the state council on chil-32dren and families in coordination with the commissioner and approved by33the director of the budget, the commissioner shall award competitive34grants pursuant to this subdivision to eligible school districts or in a35city with a population of one million or more an eligible entity to36implement, beginning in the two thousand thirteen--two thousand fourteen37school year, a plan that targets school buildings as community hubs to38deliver co-located or school-linked academic, health, mental health,39nutrition, counseling, legal and/or other services to students and their40families in a manner that will lead to improved educational and other41outcomes. In a city with a population of one million or more, eligible42entities shall mean the city school district of the city of New York, or43not-for-profit organizations, which shall include not-for-profit commu-44nity based organizations. An eligible entity that is a not-for-profit45may apply for a community school grant provided that it collaborates46with the city school district of the city of New York and receives the47approval of the chancellor of the city school district of the city of48New York.49(1) Such plan shall include, but not be limited to:50(i) The process by which a request for proposals will be developed;51(ii) The scoring rubric by which such proposals will be evaluated,52provided that such grants shall be awarded based on factors including,53but not limited to: measures of school district need; measures of the54need of students to be served by each of the school districts; the55school district's proposal to target the highest need schools andS. 4006--B 32 1students; the sustainability of the proposed community schools program;2and proposal quality;3(iii) The form and manner by which applications will be submitted;4(iv) The manner by which calculation of the amount of the award will5be determined;6(v) The timeline for the issuance and review of applications; and7(vi) Program implementation phases that will trigger payment of set8percentages of the total award.9(2) In assessing proposal quality, the commissioner shall take into10account factors including, but not limited to:11(i) The extent to which the school district's proposal would provide12such community services through partnerships with local governments and13non-profit organizations;14(ii) The extent to which the proposal would provide for delivery of15such services directly in school buildings;16(iii) The extent to which the proposal articulates how such services17would facilitate measurable improvement in student and family outcomes;18(iv) The extent to which the proposal articulates and identifies how19existing funding streams and programs would be used to provide such20community services; and21(v) the extent to which the proposal ensures the safety of all22students, staff and community members in school buildings used as commu-23nity hubs.24b. A response to a request for proposals issued pursuant to this25subdivision may be submitted by a single school district or jointly by a26consortium of two or more school districts, or in a city with a popu-27lation of one million or more, an eligible entity.28c. The amount of the grant award shall be determined by the commis-29sioner, consistent with the plan developed pursuant to paragraph a of30this subdivision, except that no single district may be awarded more31than forty percent of the total amount of grant awards made pursuant to32this subdivision; and provided further that the maximum award to any33individual community school site shall be five hundred thousand dollars;34and provided further that the amount awarded will be paid out in set35percentages over time upon successful implementation of each phase of a36school district's approved proposal set forth pursuant to paragraph a of37this subdivision; and provided further that none of the grants awarded38pursuant to this subdivision may be used to supplant existing funding.] 39 a. For the purposes of this section, a "community school" shall include 40 both a place and a set of partnerships between the school district and 41 other community resources to take a comprehensive approach to improve 42 academic and developmental outcomes; focused on academics, health, 43 mental wellness, social services, youth and community development and 44 family and community engagement which leads to improved student learn- 45 ing, stronger families and healthier communities; and has a framework in 46 place to eliminate the barriers for all students to have access to a 47 high-quality learning experience. 48 (1) Such schools shall include a community school director to imple- 49 ment the community school framework by: 50 (i) reviewing student data and conducting community wide assessments 51 of needs and assets; 52 (ii) coordinating and leveraging integrated health, mental wellness 53 and social supports; 54 (iii) identifying and securing family supports that include empowering 55 parents to participate in decision making and to maintain active familyS. 4006--B 33 1 and community engagement that values their diverse experiences and back- 2 grounds to develop and promote a vision for student success; 3 (iv) implementing, expanding and enriching learning time, programs and 4 opportunities, including but not limited to before, during and after- 5 school, weekend, summer and year-round programs, that provide additional 6 academic support, enrichment activities and other programs that may be 7 offered in partnership with community-based organizations to enhance 8 academic learning, social skills, emotional and life skills; 9 (v) managing a community school-based committee that includes but is 10 not limited to the school principal, certified classroom teachers, 11 school related professionals, other school employees, families, communi- 12 ty organizations, and collective bargaining organizations, that guides 13 collaborative planning, implementation and oversight; and 14 (vi) implementing high-quality teaching and learning that provides 15 ongoing professional development to teachers and school-related profes- 16 sionals. 17 (2) For the purposes of this section a community school framework is a 18 set of strategies implemented in a community school that include 19 programs and services that focus on building and maintaining relation- 20 ships to improve academic and developmental outcomes for students. 21 b. Allocation of funds. Each qualifying school district shall receive 22 funding from this program equal to the result of the quotient of each 23 district's foundation aid community school setaside amount established 24 pursuant to section thirty-six hundred two of this article divided by 25 the statewide value of the foundation aid community school setaside 26 amount established pursuant to section thirty-six hundred two of this 27 article multiplied by the amount of the appropriation for the community 28 school categorical grant established herein. Districts which do not 29 have a setaside of foundation aid for community schools pursuant to 30 section thirty-six hundred two of this article shall not be eligible for 31 funds pursuant to this subdivision. 32 c. The commissioner shall promulgate regulations that set forth the 33 requirements for use of such funds by districts, which shall include a 34 requirement that districts require that funds be used to transform 35 preexisting community school programs, struggling or persistently strug- 36 gling schools, or schools with significant levels of poverty, homeless- 37 ness, free and reduced price meals, or other factors as determined by 38 the commissioner. Provided further that such regulations shall require 39 school districts to demonstrate substantial teacher, parent and communi- 40 ty involvement in the planning, implementation, and operation of a 41 community school. The commissioner may determine that a preexisting 42 community schools program satisfies the requirements of the commission- 43 er's regulations provided that he or she may require any modification 44 thereto. 45 § 14. The education law is amended by adding new section 3037-a to 46 read as follows: 47 § 3037-a. Grants for hiring art or music teachers. 1. For purposes of 48 this section, the term "eligible teacher" shall mean an individual that: 49 (a) (i) is certified to teach in New York state pursuant to section 50 three thousand four of this article; 51 (ii) holds a master's degree or Ph.D. in an art or music subject or in 52 education; or 53 (iii) holds a bachelor's degree in an art or music subject or in 54 education and is currently enrolled in a master's or Ph.D. program in an 55 art or music subject or in education within five years from the later ofS. 4006--B 34 1 the effective date of this section or the employment start date with the 2 nonpublic school; 3 (b) teaches art or music in any grades from kindergarten through 4 twelve; and 5 (c) is employed by a nonpublic school. 6 2. (a) Within amounts appropriated therefor, nonpublic schools shall, 7 upon application, be reimbursed by the department for the salaries of 8 eligible teachers. Each school which seeks a reimbursement pursuant to 9 this section shall submit to the office of religious and independent 10 schools an application therefor, together with such additional documents 11 as the commissioner may reasonably require, at such times, in such form 12 and containing such information as the commissioner may prescribe by 13 regulation. Applications for reimbursement pursuant to this section must 14 be received by August first of each year for schools to be reimbursed 15 for the salaries of eligible teachers in the prior year. 16 (b) Pursuant to paragraph (a) of this subdivision, reimbursement for 17 eligible teachers shall be the average comparable teacher salary and 18 personal service, per subject area, of public school teachers in the 19 school district in which such nonpublic schools are located, multiplied 20 by the percentage of full time equivalent secular instructional hours 21 completed in the school day per subject area. Reimbursements shall not 22 be provided for eligible teachers who provide instruction in art or 23 music if such teachers also provide non-secular instruction in any 24 capacity. 25 (c) In the event that the applications for reimbursement under this 26 section exceed the appropriation available for this program, then each 27 applicant shall only be reimbursed an amount equal to the percentage 28 that each such applicant represents to the total of all applications 29 submitted. 30 3. The commissioner may promulgate any rules or regulations necessary 31 to carry out the provisions of this section. 32 § 15. Severability. The provisions of this act shall be severable, and 33 if the application of any clause, sentence, paragraph, subdivision, 34 section or part of this act to any person or circumstance shall be 35 adjudged by any court of competent jurisdiction to be invalid, such 36 judgment shall not necessarily affect, impair or invalidate the applica- 37 tion of any such clause, sentence, paragraph, subdivision, section or 38 part of this act or remainder thereof, as the case may be, to any other 39 person or circumstance, but shall be confined in its operation to the 40 clause, sentence, paragraph, subdivision, section or part thereof 41 directly involved in the controversy in which such judgment shall have 42 been rendered. 43 § 16. This act shall take effect immediately; provided, however, that 44 sections one, eleven, and twelve of this act shall take effect July 1, 45 2023. 46 PART B 47 Intentionally Omitted 48 PART C 49 Section 1. The education law is amended by adding a new section 6438-b 50 to read as follows:S. 4006--B 35 1 § 6438-b. Access to medication abortion prescription drugs. 1. Every 2 campus of the state university of New York and every campus of the city 3 university of New York, which shall include the community college 4 campuses of such institutions, shall provide access to medication 5 abortion prescription drugs for all students enrolled at such insti- 6 tutions. 7 2. For purposes of this section, "access to medication abortion 8 prescription drugs" means either: 9 (a) the prescribing and dispensing of medication abortion prescription 10 drugs directly to a student, performed by individuals legally certified 11 to prescribe and dispense such medication employed by or working on 12 behalf of the campus; or 13 (b) referral to a healthcare provider or pharmacy in the community 14 certified to dispense such medication. 15 3. The trustees of the state university of New York and the trustees 16 of the city university of New York shall adopt uniform polices for each 17 university ensuring effective access to medication abortion prescription 18 drugs pursuant to this section. 19 § 2. This act shall take effect August 1, 2023. Effective immediately, 20 the addition, amendment and/or repeal of any rule or regulation neces- 21 sary for the implementation of this act on its effective date are 22 authorized to be made and completed on or before such effective date. 23 PART D 24 Section 1. Paragraphs b and c of subdivision 4 of section 612 of the 25 education law, as added by chapter 425 of the laws of 1988, are amended 26 to read as follows: 27 [b. A grant to a recipient of an award under this section shall not28exceed the amount of three hundred thousand dollars for any grant year,29provided that a recipient may receive a grant in excess of such amount30at the rate of twelve hundred fifty dollars for each student, in excess31of two hundred forty students, who is provided compensatory and support32services by the recipient during such grant year.33c.] b. The grant recipients shall provide students at public and 34 nonpublic schools the opportunity to receive compensatory and support 35 services in an equitable manner consistent with the number and need of 36 the children in such schools. 37 § 2. This act shall take effect immediately. 38 PART E 39 Section 1. Section 1503 of the business corporation law is amended by 40 adding a new paragraph (h) to read as follows: 41 (h) Any firm established for the business purpose of incorporating as 42 a professional service corporation formed to lawfully engage in the 43 practice of public accountancy, as such practice is defined under arti- 44 cle 149 of the education law shall be required to show (i) that a simple 45 majority of the ownership of the firm, in terms of financial interests 46 and voting rights held by the firm's owners, belongs to individuals 47 licensed to practice public accountancy in some state, and (ii) that all 48 shareholders of a professional service corporation whose principal place 49 of business is in this state, and who are engaged in the practice of 50 public accountancy in this state, hold a valid license issued under 51 section 7404 of the education law. For purposes of this paragraph, 52 "financial interest" means capital stock, capital accounts, capitalS. 4006--B 36 1 contributions, capital interest, or interest in undistributed earnings 2 of a business entity. Although firms registered with the education 3 department may include non-licensee owners, a registered firm and its 4 owners must comply with rules promulgated by the state board of regents. 5 Notwithstanding the foregoing, a firm incorporated under this section 6 may not have non-licensee owners if the firm's name includes the words 7 "certified public accountant," or "certified public accountants," or the 8 abbreviations "CPA" or "CPAs". Each non-licensee owner of a firm that 9 is incorporated under this section shall be a natural person who active- 10 ly participates in the business of the firm or its affiliated entities. 11 For purposes of this subdivision, "actively participate" means to 12 provide services to clients or to otherwise individually take part in 13 the day-to-day business or management of the firm or an affiliated enti- 14 ty. Such a firm shall have attached to its certificate of incorporation 15 a certificate or certificates demonstrating the firm's compliance with 16 this paragraph, in lieu of the certificate or certificates required by 17 subparagraph (ii) of paragraph (b) of this section. 18 § 2. Section 1507 of the business corporation law is amended by adding 19 a new paragraph (c) to read as follows: 20 (c) Any firm established for the business purpose of incorporating as 21 a professional service corporation pursuant to paragraph (h) of section 22 1503 of this article may issue shares to individuals who are authorized 23 by law to practice in this state the profession which such corporation 24 is authorized to practice or who will engage in the practice of such 25 profession in such corporation within thirty days of the date such 26 shares are issued and may also issue shares to employees of the corpo- 27 ration not licensed as certified public accountants, provided that: 28 (i) at least a simple majority of the outstanding shares of stock of 29 the corporation are owned by certified public accountants, 30 (ii) at least a simple majority of the directors are certified public 31 accountants, and 32 (iii) at least a simple majority of the officers are certified public 33 accountants, and 34 (iv) the president, the chairperson of the board of directors and the 35 chief executive officer or officers are certified public accountants. 36 No shareholder of a professional service corporation established pursu- 37 ant to paragraph (h) of section 1503 of this article shall enter into a 38 voting trust agreement, proxy or any other type of agreement vesting in 39 another person, the authority to exercise voting power of any or all of 40 his or her shares. All agreements made or proxies granted in violation 41 of this section shall be void. 42 § 3. Section 1508 of the business corporation law is amended by adding 43 a new paragraph (c) to read as follows: 44 (c) The directors and officers of any firm established for the busi- 45 ness purpose of incorporating as a professional service corporation 46 pursuant to paragraph (h) of section 1503 of this article may include 47 individuals who are not licensed to practice public accountancy in any 48 state, provided however that at least a simple majority of the direc- 49 tors, at least a simple majority of the officers and the president, the 50 chairperson of the board of directors and the chief executive officer or 51 officers are authorized by law to practice in any state the profession 52 which such corporation is authorized to practice, and are either share- 53 holders of such corporation or engaged in the practice of their 54 professions in such corporation. 55 § 4. Section 1509 of the business corporation law, as amended by chap- 56 ter 550 of the laws of 2011, is amended to read as follows:S. 4006--B 37 1 § 1509. Disqualification of shareholders, directors, officers and 2 employees. 3 If any shareholder, director, officer or employee of a professional 4 service corporation, including a design professional service corpo- 5 ration, who has been rendering professional service to the public 6 becomes legally disqualified to practice his or her profession within 7 this state, he or she shall sever all employment with, and financial 8 interests (other than interests as a creditor) in, such corporation 9 forthwith or as otherwise provided in section 1510 of this article. All 10 provisions of law regulating the rendering of professional services by a 11 person elected or appointed to a public office shall be applicable to a 12 shareholder, director, officer and employee of such corporation in the 13 same manner and to the same extent as if fully set forth herein. Such 14 legal disqualification to practice his or her profession within this 15 state shall be deemed to constitute an irrevocable offer by the disqual- 16 ified shareholder to sell his or her shares to the corporation, pursuant 17 to the provisions of section 1510 of this article or of the certificate 18 of incorporation, by-laws or agreement among the corporation and all 19 shareholders, whichever is applicable. Compliance with the terms of such 20 offer shall be specifically enforceable in the courts of this state. A 21 professional service corporation's failure to enforce compliance with 22 this provision shall constitute a ground for forfeiture of its certif- 23 icate of incorporation and its dissolution. 24 § 5. Paragraph (a) of section 1511 of the business corporation law, as 25 amended by chapter 550 of the laws of 2011, is amended and a new para- 26 graph (c) is added to read as follows: 27 (a) No shareholder of a professional service corporation [or], includ- 28 ing a design professional service corporation, may sell or transfer his 29 or her shares in such corporation except to another individual who is 30 eligible to have shares issued to him or her by such corporation or 31 except in trust to another individual who would be eligible to receive 32 shares if he or she were employed by the corporation. Nothing herein 33 contained shall be construed to prohibit the transfer of shares by oper- 34 ation of law or by court decree. No transferee of shares by operation 35 of law or court decree may vote the shares for any purpose whatsoever 36 except with respect to corporate action under sections 909 and 1001 of 37 this chapter. The restriction in the preceding sentence shall not apply, 38 however, where such transferee would be eligible to have shares issued 39 to him or her if he or she were an employee of the corporation and, if 40 there are other shareholders, a majority of such other shareholders 41 shall fail to redeem the shares so transferred, pursuant to section 1510 42 of this article, within sixty days of receiving written notice of such 43 transfer. Any sale or transfer, except by operation of law or court 44 decree or except for a corporation having only one shareholder, may be 45 made only after the same shall have been approved by the board of direc- 46 tors, or at a shareholders' meeting specially called for such purpose by 47 such proportion, not less than a majority, of the outstanding shares as 48 may be provided in the certificate of incorporation or in the by-laws of 49 such professional service corporation. At such shareholders' meeting the 50 shares held by the shareholder proposing to sell or transfer his or her 51 shares may not be voted or counted for any purpose, unless all share- 52 holders consent that such shares be voted or counted. The certificate of 53 incorporation or the by-laws of the professional service corporation, or 54 the professional service corporation and the shareholders by private 55 agreement, may provide, in lieu of or in addition to the foregoing 56 provisions, for the alienation of shares and may require the redemptionS. 4006--B 38 1 or purchase of such shares by such corporation at prices and in a manner 2 specifically set forth therein. The existence of the restrictions on the 3 sale or transfer of shares, as contained in this article and, if appli- 4 cable, in the certificate of incorporation, by-laws, stock purchase or 5 stock redemption agreement, shall be noted conspicuously on the face or 6 back of every certificate for shares issued by a professional service 7 corporation. Any sale or transfer in violation of such restrictions 8 shall be void. 9 (c) A firm established for the business purpose of incorporating as a 10 professional service corporation pursuant to paragraph (h) of section 11 1503 of this article, shall purchase or redeem the shares of a non-li- 12 censed professional shareholder in the case of his or her termination of 13 employment within thirty days after such termination. A firm estab- 14 lished for the business purpose of incorporating as a professional 15 service corporation pursuant to paragraph (h) of section 1503 of this 16 article, shall not be required to purchase or redeem the shares of a 17 terminated non-licensed professional share-holder if such shares, within 18 thirty days after such termination, are sold or transferred to another 19 employee of the corporation pursuant to this article. 20 § 6. Section 1514 of the business corporation law is amended by adding 21 a new paragraph (c) to read as follows: 22 (c) Each firm established for the business purpose of incorporating as 23 a professional service corporation pursuant to paragraph (h) of section 24 1503 of this article shall, at least once every three years on or before 25 the date prescribed by the licensing authority, furnish a statement to 26 the licensing authority listing the names and residence addresses of 27 each shareholder, director and officer of such corporation and certify 28 as the date of certification and at all times over the entire three year 29 period that: 30 (i) at least a simple majority of the outstanding shares of stock of 31 the corporation are and were owned by certified public accountants, 32 (ii) at least a simple majority of the directors are and were certi- 33 fied public accountants, 34 (iii) at least a simple majority of the officers are and were certi- 35 fied public accountants, and 36 (iv) the president, the chairperson of the board of directors and the 37 chief executive officer or officers are and were certified public 38 accountants. 39 The statement shall be signed by the president or any certified public 40 accountant vice-president and attested to by the secretary or any 41 assistant secretary of the corporation. 42 § 7. Paragraph (d) of section 1525 of the business corporation law, as 43 added by chapter 505 of the laws of 1983, is amended to read as follows: 44 (d) "Foreign professional service corporation" means a professional 45 service corporation, whether or not denominated as such, organized under 46 the laws of a jurisdiction other than this state, all of the sharehold- 47 ers, directors and officers of which are authorized and licensed to 48 practice the profession for which such corporation is licensed to do 49 business; except that all shareholders, directors and officers of a 50 foreign professional service corporation which provides health services 51 in this state shall be licensed in this state. A foreign professional 52 service corporation formed to lawfully engage in the practice of public 53 accountancy as a firm, as such practice is defined under article 149 of 54 the education law, or equivalent state law, shall be required to show 55 (i) that a simple majority of the ownership of the firm, in terms of 56 financial interests and voting rights held by the firm's owners, belongsS. 4006--B 39 1 to individuals licensed to practice public accountancy in some state, 2 and (ii) that all shareholders of a foreign professional service corpo- 3 ration whose principal place of business is in this state, and who are 4 engaged in the practice of public accountancy in this state, hold a 5 valid license issued under section 7404 of the education law. For 6 purposes of this paragraph, "financial interest" means capital stock, 7 capital accounts, capital contributions, capital interest, or interest 8 in undistributed earnings of a business entity. Although firms regis- 9 tered with the education department may include non-licensee owners, a 10 registered firm and its owners must comply with rules promulgated by the 11 state board of regents. Notwithstanding the foregoing, a firm registered 12 with the education department may not have non-licensee owners if the 13 firm's name includes the words "certified public accountant," or "certi- 14 fied public accountants," or the abbreviations "CPA" or "CPAs". Each 15 non-licensee owner of a firm that is operating under this section shall 16 be a natural person who actively participates in the business of the 17 firm or its affiliated entities, provided each beneficial owner of an 18 equity interest in such entity is a natural person who actively partic- 19 ipates in the business conducted by the firm or its affiliated entities. 20 For purposes of this paragraph, "actively participate" means to provide 21 services to clients or to otherwise individually take part in the day- 22 to-day business or management of the firm or an affiliated entity. 23 § 8. Subdivision (q) of section 121-1500 of the partnership law, as 24 amended by chapter 475 of the laws of 2014, is amended to read as 25 follows: 26 (q) Each partner of a registered limited liability partnership formed 27 to provide medical services in this state must be licensed pursuant to 28 article 131 of the education law to practice medicine in this state and 29 each partner of a registered limited liability partnership formed to 30 provide dental services in this state must be licensed pursuant to arti- 31 cle 133 of the education law to practice dentistry in this state. Each 32 partner of a registered limited liability partnership formed to provide 33 veterinary services in this state must be licensed pursuant to article 34 135 of the education law to practice veterinary medicine in this state. 35 Each partner of a registered limited liability partnership formed to 36 provide public accountancy services as a firm, whose principal place of 37 business is in this state and who provides public accountancy services, 38 must be licensed pursuant to article 149 of the education law to prac- 39 tice public accountancy in this state. Each partner of a registered 40 limited liability partnership formed to provide professional engineer- 41 ing, land surveying, geological services, architectural and/or landscape 42 architectural services in this state must be licensed pursuant to arti- 43 cle 145, article 147 and/or article 148 of the education law to practice 44 one or more of such professions in this state. Each partner of a regis- 45 tered limited liability partnership formed to provide licensed clinical 46 social work services in this state must be licensed pursuant to article 47 154 of the education law to practice clinical social work in this state. 48 Each partner of a registered limited liability partnership formed to 49 provide creative arts therapy services in this state must be licensed 50 pursuant to article 163 of the education law to practice creative arts 51 therapy in this state. Each partner of a registered limited liability 52 partnership formed to provide marriage and family therapy services in 53 this state must be licensed pursuant to article 163 of the education law 54 to practice marriage and family therapy in this state. Each partner of a 55 registered limited liability partnership formed to provide mental health 56 counseling services in this state must be licensed pursuant to articleS. 4006--B 40 1 163 of the education law to practice mental health counseling in this 2 state. Each partner of a registered limited liability partnership formed 3 to provide psychoanalysis services in this state must be licensed pursu- 4 ant to article 163 of the education law to practice psychoanalysis in 5 this state. Each partner of a registered limited liability partnership 6 formed to provide applied behavior analysis service in this state must 7 be licensed or certified pursuant to article 167 of the education law to 8 practice applied behavior analysis in this state. A registered limited 9 liability partnership formed to lawfully engage in the practice of 10 public accountancy as a firm, as such practice is defined under article 11 149 of the education law, shall be required to show (i) that a simple 12 majority of the ownership of the firm, in terms of financial interests 13 and voting rights held by the firm's owners, belongs to individuals 14 licensed to practice public accountancy in some state, and (ii) that all 15 partners of a limited liability partnership whose principal place of 16 business is in this state, and who are engaged in the practice of public 17 accountancy in this state, hold a valid license issued under section 18 7404 of the education law. For purposes of this subdivision, "financial 19 interest" means capital stock, capital accounts, capital contributions, 20 capital interest, or interest in undistributed earnings of a business 21 entity. Although firms registered with the education department may 22 include non-licensee owners, a registered firm and its owners must 23 comply with rules promulgated by the state board of regents. Notwith- 24 standing the foregoing, a firm registered with the education department 25 may not have non-licensee owners if the firm's name includes the words 26 "certified public accountant," or "certified public accountants," or the 27 abbreviations "CPA" or "CPAs". Each non-licensee owner of a firm that is 28 formed under this section shall be (i) a natural person who actively 29 participates in the business of the firm or its affiliated entities, or 30 (ii) an entity, including, but not limited to, a partnership or profes- 31 sional corporation, provided each beneficial owner of an equity interest 32 in such entity is a natural person who actively participates in the 33 business conducted by the firm or its affiliated entities. For purposes 34 of this subdivision, "actively participate" means to provide services to 35 clients or to otherwise individually take part in the day-to-day busi- 36 ness or management of the firm or an affiliated entity. 37 § 9. Subdivision (q) of section 121-1502 of the partnership law, as 38 amended by chapter 475 of the laws of 2014, is amended to read as 39 follows: 40 (q) Each partner of a foreign limited liability partnership which 41 provides medical services in this state must be licensed pursuant to 42 article 131 of the education law to practice medicine in the state and 43 each partner of a foreign limited liability partnership which provides 44 dental services in the state must be licensed pursuant to article 133 of 45 the education law to practice dentistry in this state. Each partner of a 46 foreign limited liability partnership which provides veterinary service 47 in the state shall be licensed pursuant to article 135 of the education 48 law to practice veterinary medicine in this state. Each partner of a 49 foreign limited liability partnership which provides professional engi- 50 neering, land surveying, geological services, architectural and/or land- 51 scape architectural services in this state must be licensed pursuant to 52 article 145, article 147 and/or article 148 of the education law to 53 practice one or more of such professions. Each partner of a foreign 54 limited liability partnership formed to provide public accountancy 55 services as a firm, whose principal place of business is in this state 56 and who provides public accountancy services, must be licensed pursuantS. 4006--B 41 1 to article 149 of the education law to practice public accountancy in 2 this state. Each partner of a foreign limited liability partnership 3 which provides licensed clinical social work services in this state must 4 be licensed pursuant to article 154 of the education law to practice 5 licensed clinical social work in this state. Each partner of a foreign 6 limited liability partnership which provides creative arts therapy 7 services in this state must be licensed pursuant to article 163 of the 8 education law to practice creative arts therapy in this state. Each 9 partner of a foreign limited liability partnership which provides 10 marriage and family therapy services in this state must be licensed 11 pursuant to article 163 of the education law to practice marriage and 12 family therapy in this state. Each partner of a foreign limited liabil- 13 ity partnership which provides mental health counseling services in this 14 state must be licensed pursuant to article 163 of the education law to 15 practice mental health counseling in this state. Each partner of a 16 foreign limited liability partnership which provides psychoanalysis 17 services in this state must be licensed pursuant to article 163 of the 18 education law to practice psychoanalysis in this state. Each partner of 19 a foreign limited liability partnership which provides applied behavior 20 analysis services in this state must be licensed or certified pursuant 21 to article 167 of the education law to practice applied behavior analy- 22 sis in this state. A foreign limited liability partnership formed to 23 lawfully engage in the practice of public accountancy as a firm, as such 24 practice is defined under article 149 of the education law, shall be 25 required to show (i) that a simple majority of the ownership of the 26 firm, in terms of financial interests and voting rights held by the 27 firm's owners, belongs to individuals licensed to practice public 28 accountancy in some state, and (ii) that all partners of the foreign 29 limited liability partnership whose principal place of business is in 30 this state, and who are engaged in the practice of public accountancy in 31 this state, hold a valid license issued under section 7404 of the educa- 32 tion law. For purposes of this subdivision, "financial interest" means 33 capital stock, capital accounts, capital contributions, capital inter- 34 est, or interest in undistributed earnings of a business entity. 35 Although firms registered with the education department may include 36 non-licensee owners, a registered firm and its owners must comply with 37 rules promulgated by the state board of regents. Notwithstanding the 38 foregoing, a firm registered with the education department may not have 39 non-licensee owners if the firm's name includes the words "certified 40 public accountant," or "certified public accountants," or the abbrevi- 41 ations "CPA" or "CPAs". Each non-licensee owner of a firm that is 42 formed under this section shall be (i) a natural person who actively 43 participates in the business of the firm or its affiliated entities, or 44 (ii) an entity, including, but not limited to, a partnership or profes- 45 sional corporation, provided that each beneficial owner of an equity 46 interest in such entity is a natural person who actively participates in 47 the business conducted by the firm or its affiliated entities. For 48 purposes of this subdivision, "actively participate" means to provide 49 services to clients or to otherwise individually take part in the day- 50 to-day business or management of the firm or an affiliated entity. 51 § 10. Subdivision (b) of section 1207 of the limited liability company 52 law, as amended by chapter 475 of the laws of 2014, is amended to read 53 as follows: 54 (b) With respect to a professional service limited liability company 55 formed to provide medical services as such services are defined in arti- 56 cle 131 of the education law, each member of such limited liabilityS. 4006--B 42 1 company must be licensed pursuant to article 131 of the education law to 2 practice medicine in this state. With respect to a professional service 3 limited liability company formed to provide dental services as such 4 services are defined in article 133 of the education law, each member of 5 such limited liability company must be licensed pursuant to article 133 6 of the education law to practice dentistry in this state. With respect 7 to a professional service limited liability company formed to provide 8 veterinary services as such services are defined in article 135 of the 9 education law, each member of such limited liability company must be 10 licensed pursuant to article 135 of the education law to practice veter- 11 inary medicine in this state. With respect to a professional service 12 limited liability company formed to provide professional engineering, 13 land surveying, architectural, landscape architectural and/or geological 14 services as such services are defined in article 145, article 147 and 15 article 148 of the education law, each member of such limited liability 16 company must be licensed pursuant to article 145, article 147 and/or 17 article 148 of the education law to practice one or more of such 18 professions in this state. With respect to a professional service limit- 19 ed liability company formed to provide public accountancy services as 20 such services are defined in article 149 of the education law each 21 member of such limited liability company whose principal place of busi- 22 ness is in this state and who provides public accountancy services, must 23 be licensed pursuant to article 149 of the education law to practice 24 public accountancy in this state. With respect to a professional service 25 limited liability company formed to provide licensed clinical social 26 work services as such services are defined in article 154 of the educa- 27 tion law, each member of such limited liability company shall be 28 licensed pursuant to article 154 of the education law to practice 29 licensed clinical social work in this state. With respect to a profes- 30 sional service limited liability company formed to provide creative arts 31 therapy services as such services are defined in article 163 of the 32 education law, each member of such limited liability company must be 33 licensed pursuant to article 163 of the education law to practice crea- 34 tive arts therapy in this state. With respect to a professional service 35 limited liability company formed to provide marriage and family therapy 36 services as such services are defined in article 163 of the education 37 law, each member of such limited liability company must be licensed 38 pursuant to article 163 of the education law to practice marriage and 39 family therapy in this state. With respect to a professional service 40 limited liability company formed to provide mental health counseling 41 services as such services are defined in article 163 of the education 42 law, each member of such limited liability company must be licensed 43 pursuant to article 163 of the education law to practice mental health 44 counseling in this state. With respect to a professional service limited 45 liability company formed to provide psychoanalysis services as such 46 services are defined in article 163 of the education law, each member of 47 such limited liability company must be licensed pursuant to article 163 48 of the education law to practice psychoanalysis in this state. With 49 respect to a professional service limited liability company formed to 50 provide applied behavior analysis services as such services are defined 51 in article 167 of the education law, each member of such limited liabil- 52 ity company must be licensed or certified pursuant to article 167 of the 53 education law to practice applied behavior analysis in this state. A 54 professional service limited liability company formed to lawfully engage 55 in the practice of public accountancy as a firm, as such practice is 56 defined under article 149 of the education law shall be required to showS. 4006--B 43 1 (i) that a simple majority of the ownership of the firm, in terms of 2 financial interests, and voting rights held by the firm's owners, 3 belongs to individuals licensed to practice public accountancy in some 4 state, and (ii) that all members of a limited professional service 5 limited liability company, whose principal place of business is in this 6 state, and who are engaged in the practice of public accountancy in this 7 state, hold a valid license issued under section 7404 of the education 8 law. For purposes of this subdivision, "financial interest" means capi- 9 tal stock, capital accounts, capital contributions, capital interest, or 10 interest in undistributed earnings of a business entity. Although firms 11 registered with the education department may include non-licensee 12 owners, a registered firm and its owners must comply with rules promul- 13 gated by the state board of regents. Notwithstanding the foregoing, a 14 firm registered with the education department may not have non-licensee 15 owners if the firm's name includes the words "certified public account- 16 ant," or "certified public accountants," or the abbreviations "CPA" or 17 "CPAs". Each non-licensee owner of a firm that is registered under this 18 section shall be (i) a natural person who actively participates in the 19 business of the firm or its affiliated entities, or (ii) an entity, 20 including, but not limited to, a partnership or professional corpo- 21 ration, provided each beneficial owner of an equity interest in such 22 entity is a natural person who actively participates in the business 23 conducted by the firm or its affiliated entities. For purposes of this 24 subdivision, "actively participate" means to provide services to clients 25 or to otherwise individually take part in the day-to-day business or 26 management of the firm or an affiliated entity. 27 § 11. Subdivision (a) of section 1301 of the limited liability company 28 law, as amended by chapter 475 of the laws of 2014, is amended to read 29 as follows: 30 (a) "Foreign professional service limited liability company" means a 31 professional service limited liability company, whether or not denomi- 32 nated as such, organized under the laws of a jurisdiction other than 33 this state, (i) each of whose members and managers, if any, is a profes- 34 sional authorized by law to render a professional service within this 35 state and who is or has been engaged in the practice of such profession 36 in such professional service limited liability company or a predecessor 37 entity, or will engage in the practice of such profession in the profes- 38 sional service limited liability company within thirty days of the date 39 such professional becomes a member, or each of whose members and manag- 40 ers, if any, is a professional at least one of such members is author- 41 ized by law to render a professional service within this state and who 42 is or has been engaged in the practice of such profession in such 43 professional service limited liability company or a predecessor entity, 44 or will engage in the practice of such profession in the professional 45 service limited liability company within thirty days of the date such 46 professional becomes a member, or (ii) authorized by, or holding a 47 license, certificate, registration or permit issued by the licensing 48 authority pursuant to, the education law to render a professional 49 service within this state; except that all members and managers, if any, 50 of a foreign professional service limited liability company that 51 provides health services in this state shall be licensed in this state. 52 With respect to a foreign professional service limited liability company 53 which provides veterinary services as such services are defined in arti- 54 cle 135 of the education law, each member of such foreign professional 55 service limited liability company shall be licensed pursuant to article 56 135 of the education law to practice veterinary medicine. With respectS. 4006--B 44 1 to a foreign professional service limited liability company which 2 provides medical services as such services are defined in article 131 of 3 the education law, each member of such foreign professional service 4 limited liability company must be licensed pursuant to article 131 of 5 the education law to practice medicine in this state. With respect to a 6 foreign professional service limited liability company which provides 7 dental services as such services are defined in article 133 of the 8 education law, each member of such foreign professional service limited 9 liability company must be licensed pursuant to article 133 of the educa- 10 tion law to practice dentistry in this state. With respect to a foreign 11 professional service limited liability company which provides profes- 12 sional engineering, land surveying, geologic, architectural and/or land- 13 scape architectural services as such services are defined in article 14 145, article 147 and article 148 of the education law, each member of 15 such foreign professional service limited liability company must be 16 licensed pursuant to article 145, article 147 and/or article 148 of the 17 education law to practice one or more of such professions in this state. 18 With respect to a foreign professional service limited liability company 19 which provides public accountancy services as such services are defined 20 in article 149 of the education law, each member of such foreign profes- 21 sional service limited liability company whose principal place of busi- 22 ness is in this state and who provides public accountancy services, 23 shall be licensed pursuant to article 149 of the education law to prac- 24 tice public accountancy in this state. With respect to a foreign profes- 25 sional service limited liability company which provides licensed clin- 26 ical social work services as such services are defined in article 154 of 27 the education law, each member of such foreign professional service 28 limited liability company shall be licensed pursuant to article 154 of 29 the education law to practice clinical social work in this state. With 30 respect to a foreign professional service limited liability company 31 which provides creative arts therapy services as such services are 32 defined in article 163 of the education law, each member of such foreign 33 professional service limited liability company must be licensed pursuant 34 to article 163 of the education law to practice creative arts therapy in 35 this state. With respect to a foreign professional service limited 36 liability company which provides marriage and family therapy services as 37 such services are defined in article 163 of the education law, each 38 member of such foreign professional service limited liability company 39 must be licensed pursuant to article 163 of the education law to prac- 40 tice marriage and family therapy in this state. With respect to a 41 foreign professional service limited liability company which provides 42 mental health counseling services as such services are defined in arti- 43 cle 163 of the education law, each member of such foreign professional 44 service limited liability company must be licensed pursuant to article 45 163 of the education law to practice mental health counseling in this 46 state. With respect to a foreign professional service limited liability 47 company which provides psychoanalysis services as such services are 48 defined in article 163 of the education law, each member of such foreign 49 professional service limited liability company must be licensed pursuant 50 to article 163 of the education law to practice psychoanalysis in this 51 state. With respect to a foreign professional service limited liability 52 company which provides applied behavior analysis services as such 53 services are defined in article 167 of the education law, each member of 54 such foreign professional service limited liability company must be 55 licensed or certified pursuant to article 167 of the education law to 56 practice applied behavior analysis in this state. A foreign professionalS. 4006--B 45 1 service limited liability company formed to lawfully engage in the prac- 2 tice of public accountancy as a firm, as such practice is defined under 3 article 149 of the education law shall be required to show (i) that a 4 simple majority of the ownership of the firm, in terms of financial 5 interests, and voting rights held by the firm's owners, belongs to indi- 6 viduals licensed to practice public accountancy in some state, and (ii) 7 that all members of a foreign limited professional service limited 8 liability company, whose principal place of business is in this state, 9 and who are engaged in the practice of public accountancy in this state, 10 hold a valid license issued under section 7404 of the education law. For 11 purposes of this subdivision, "financial interest" means capital stock, 12 capital accounts, capital contributions, capital interest, or interest 13 in undistributed earnings of a business entity. Although firms regis- 14 tered with the education department may include non-licensee owners, a 15 registered firm and its owners must comply with rules promulgated by the 16 state board of regents. Notwithstanding the foregoing, a firm regis- 17 tered with the education department may not have non-licensee owners if 18 the firm's name includes the words "certified public accountant," or 19 "certified public accountants," or the abbreviations "CPA" or "CPAs". 20 Each non-licensee owner of a firm that is registered under this section 21 shall be (i) a natural person who actively participates in the business 22 of the firm or its affiliated entities, or (ii) an entity, including, 23 but not limited to, a partnership or professional corporation, provided 24 each beneficial owner of an equity interest in such entity is a natural 25 person who actively participates in the business conducted by the firm 26 or its affiliated entities. For purposes of this subdivision, "actively 27 participate" means to provide services to clients or to otherwise indi- 28 vidually take part in the day-to-day business or management of the firm 29 or an affiliated entity. 30 § 12. Notwithstanding any other provision of law to the contrary, if a 31 firm which is registered with the education department to lawfully 32 engage in the practice of public accountancy has one or more non-licen- 33 see owners, each such non-licensee owner of the firm whose principal 34 place of business is in New York state shall pay a fee of nine hundred 35 dollars to the department of education on a triennial basis. 36 § 13. This act shall take effect immediately. 37 PART F 38 Section 1. Short title. This article shall be known and cited as the 39 "new homes targets and production incentives act". 40 § 2. Article 20 of the general municipal law, as renumbered by chapter 41 84 of the laws of 1981, is renumbered to be article 21, sections 1000 42 and 1001 are renumbered to be sections 1020 and 1021, and a new article 43 20 is added to read as follows: 44 ARTICLE 20 45 NEW HOMES TARGETS AND PRODUCTION INCENTIVES 46 Section 1000. Legislative findings and declarations. 47 1001. Definitions. 48 1002. Applicability. 49 1003. Growth targets. 50 1004. Housing production incentives. 51 1005. Land use advisory council.S. 4006--B 46 1 § 1000. Legislative findings and declarations. The legislature hereby 2 finds, determines, and declares that: 3 1. The lack of housing, especially affordable and supportive housing, 4 is a critical problem that threatens the economic, environmental, and 5 social quality of life throughout New York state and disproportionately 6 burdens various vulnerable populations that disproportionately need more 7 affordable housing options including, but not limited to, low- and 8 moderate-income, racial and ethnic minority, and elderly households. 9 2. Housing in the state of New York is among the most expensive in the 10 nation. The excessive cost of the state's housing supply is partially 11 caused by a lack of new housing production due to the prevalence of 12 local governmental land use policies that limit the opportunities for 13 and place procedural impediments on the approval of housing developments 14 and thereby increase development costs and restrict the housing supply. 15 3. Local governmental limitations on and barriers to housing develop- 16 ment are especially common for multi-family housing development, which 17 constrains the supply of affordable and supportive housing that often 18 require multi-family development to be economically feasible. 19 4. Among the consequences of the prevalence of local restrictions on 20 housing development are the lack of housing to support employment 21 growth; imbalance in number of jobs and housing supply, with the former 22 outstripping the latter; sprawl; excessive commuting; and the potential 23 for discrimination against low-income and minority households who 24 disproportionately require affordable housing opportunities. 25 5. Many local governments do not give adequate attention to the local 26 and broader regional economic, environmental, and social costs of local 27 policies and actions that have the effect of stagnating or reducing the 28 supply of housing, including affordable and supportive housing, or how 29 such policies and actions thereby produce threats to the public health, 30 safety, and general welfare. 31 6. Additionally, many local governments do not give adequate attention 32 to the local and broader regional economic, environmental, and social 33 costs of local policies and actions that result in disapprovals or inhi- 34 bition of proposals for housing development projects that would benefit 35 the public health, safety, and general welfare; a reduction in density 36 of such housing projects; and creation of excessive land use and other 37 barriers for such housing developments to be built. 38 7. Legislation is necessary to forestall restrictive land use prac- 39 tices that inhibit and limit housing development, and to forestall undue 40 local disapprovals of housing development projects, especially afforda- 41 ble and supportive housing, given that such practices and disapprovals 42 produce threats to the public health, safety, and general welfare. 43 8. The state of New York must ensure that local governments give 44 adequate attention to the local and broader regional economic, environ- 45 mental, and social costs of land use zoning and planning policies and 46 actions, as well as the denial of applications to build new housing, 47 which collectively and individually may result in a dearth of appropri- 48 ate housing to meet the needs of all residents in the community or 49 region. 50 9. In furtherance of overall housing production goals and to promote 51 the greatest efficiency and coordinated development efforts of locali- 52 ties within the state, it is both a matter of state concern and the 53 policy of the state that local governments address their land use poli- 54 cies, practices, and decisions that make housing developments, and espe- 55 cially multi-family, affordable, and supportive housing developments, 56 impossible or infeasible.S. 4006--B 47 1 10. In order to prevent housing insecurity, hardship, and dislocation, 2 the provisions of this article are designed to protect the public 3 health, safety, and general welfare of the residents of New York state. 4 § 1001. Definitions. The following definitions apply for the purposes 5 of this article: 6 1. "Accessory dwelling unit" shall mean an attached or a detached 7 residential dwelling unit that provides housing for one or more persons 8 which is located on a lot with a proposed or existing primary residen- 9 tial dwelling unit and shall include permanent provisions for living, 10 sleeping, eating, cooking, and sanitation on the same lot as the primary 11 single-family or multi-family dwelling. 12 2. "Affordable housing" shall mean any income restricted housing, 13 whether intended for rental or homeownership, that is subject to a regu- 14 latory agreement with a local, state or federal governmental entity. 15 3. "Application" shall mean an application for a building permit, 16 variance, waiver, conditional use permit, special permit, zoning text 17 amendment, zoning map amendment, amendment to zoning districts, certif- 18 ication, authorization, site plan approval, subdivision approval, or 19 other discretionary land use determination by a lead agency equivalent. 20 4. "Division" shall mean the division of housing and community 21 renewal. 22 5. "Economically infeasible" shall mean any condition brought about by 23 any single factor or combination of factors to the extent that it makes 24 it substantially unlikely for an owner to proceed in building a residen- 25 tial housing project and still realize a reasonable return in building 26 or operating such housing without substantially changing the rent 27 levels, residential dwelling unit sizes, or residential dwelling unit 28 counts proposed by the owner. 29 6. "Land use advisory council" shall mean the land use advisory coun- 30 cil established pursuant to this article. 31 7. "Land use action" shall mean any enactment of or amendment to a 32 provision of a zoning local law, ordinance, resolution, policy, program, 33 procedure, comprehensive plan, site plan, subdivision plan, criteria, 34 rule, regulation, or requirement of a local agency. 35 8. "Land use requirements" shall mean any and all local laws, ordi- 36 nances, resolutions, or regulations, that shall be adopted or enacted 37 under this chapter, the municipal home rule law, or any general, special 38 or other law pertaining to land use, and shall include but not be limit- 39 ed to a locality's: 40 a. written or other comprehensive plan or plans; 41 b. zoning ordinance, local laws, resolutions, or regulations; 42 c. special use permit, special exception permit, or special permit 43 ordinance, local laws, resolutions, or regulations; 44 d. subdivision ordinance, local laws, resolutions, or regulations; 45 e. site plan review ordinance, local laws, resolutions, or regu- 46 lations; and 47 f. policies or procedures, or any planning, zoning, or other regulato- 48 ry tool that controls or establishes standards for the use and occupancy 49 of land, the area and dimensional requirements for the development of 50 land, or the intensity of such development. 51 9. "Lead agency equivalent" shall be defined as any legislative body 52 of a locality, planning board, zoning board of appeals, planning divi- 53 sion, planning commission, board of standards and appeals, board of 54 zoning appeals, or any official or employee, or any other agency, 55 department, board or other entity related to a locality with the author-S. 4006--B 48 1 ity to approve or disapprove of any specific project or amendment to any 2 land use requirements as defined in this article. 3 10. "Locality" shall refer to all cities, towns, or villages that 4 regulate land use pursuant to the general city law, the town law, the 5 village law, or other state law, as applicable. Provided further that in 6 a city with a population of one million or more, "locality" shall refer 7 to a community district as defined by chapter sixty-nine of the charter 8 of the city of New York. Provided further that "locality" shall refer to 9 any city, town, or village within a county, where such county regulates 10 or otherwise has approval authority over land use requirements. 11 11. "Metropolitan transportation commuter district" shall refer to the 12 counties of the Bronx, Kings (Brooklyn), New York, Richmond (Staten 13 Island), Queens, Westchester, Putnam, Dutchess, Rockland, Nassau, and 14 Suffolk. 15 12. "Objective standards" shall be defined as standards that involve 16 no personal or subjective judgment by a public official or employee and 17 are uniformly verifiable by reference to a publicly available and 18 uniform benchmark or criterion available and knowable by both the devel- 19 opment applicant and the public official or employee before submittal of 20 a residential land use application. 21 13. "Previously disturbed land" shall mean a parcel or lot of land 22 that was occupied or formerly occupied by a building or otherwise 23 improved or utilized that is not located in a 100-year floodplain or was 24 not being used for commercial agricultural purposes as of the effective 25 date of this article. 26 14. "Residential dwelling unit" shall mean any building or structure 27 or portion thereof which is legally occupied in whole or in part as the 28 home, residence or sleeping place of one or more human beings, however 29 the term does not include any class B multiple dwellings as defined in 30 section four of the multiple dwelling law or housing that is intended to 31 be used on a seasonal basis. 32 15. "Supportive housing" shall mean residential dwelling units with 33 supportive services for tenants. 34 16. "Exempted localities" shall mean localities containing lands 35 designated as forever wild by Article XIV of the New York state Consti- 36 tution and municipalities engaged in a watershed agreement with the 37 department of environmental protection of the city of New York. 38 § 1002. Applicability. This article shall apply to all localities, 39 excluding exempted localities, as defined in subdivision ten of section 40 one thousand one of this article. 41 § 1003. Growth targets. The following growth targets will be utilized 42 as a metric to allow a locality to access funding, subject to appropri- 43 ation, to incentivize increasing housing supply. 44 1. A locality located outside of the metropolitan transportation 45 commuter district has a growth target of an amount equal to one percent 46 of the amount of residential housing units existing in the locality as 47 reported in the most recently published United States decennial census. 48 2. A locality located inside of the metropolitan transportation commu- 49 ter district has a growth target of an amount equal to three percent of 50 the amount of residential housing units existing in the locality as 51 reported in the most recently published United States decennial census. 52 3. Subject to subdivision four of this section, the number of eligible 53 residential dwelling units shall be calculated using the following 54 formula: 55 a. a permitted new residential dwelling unit shall be counted as one 56 eligible residential dwelling unit, provided that a permitted new resi-S. 4006--B 49 1 dential dwelling unit that is income restricted to households earning no 2 more than an amount that is determined pursuant to a regulatory agree- 3 ment with a federal, state, or local governmental entity shall be count- 4 ed as two eligible residential dwelling units; and 5 b. every permitted residential dwelling unit that became suitable for 6 occupancy and that previously had been deemed abandoned pursuant to 7 article nineteen-A of the real property actions and proceedings law 8 shall be counted as one and one-half eligible residential dwelling 9 units. 10 For the purposes of this subdivision, a project shall be considered to 11 be permitted if it has received all necessary local authorizations 12 required prior to requesting a building permit. 13 4. The following permitted residential dwelling units shall not be 14 counted as eligible residential dwelling units: 15 a. any permitted residential dwelling unit where more than twelve 16 months have passed between the authorization granting permission and the 17 commencement of construction; and 18 b. any permitted residential dwelling unit where more than twenty-four 19 months have passed between the authorization granting permission and the 20 issuance of a certificate of occupancy or temporary certificate of occu- 21 pancy. 22 5. In the event a permitted residential dwelling unit is not counted 23 as an eligible residential unit pursuant to subdivision four of this 24 section, such residential dwelling unit may be counted as an eligible 25 residential dwelling unit when the certificate of occupancy or temporary 26 certificate of occupancy is issued for such residential dwelling unit. 27 Provided, further, that in no event shall an eligible residential dwell- 28 ing unit be counted towards a locality's growth targets. 29 6. a. It shall be considered to be a preferred action pursuant to this 30 section if a locality enacts by local law the provisions of this subdi- 31 vision. For any locality within a city with a population of one million 32 or more, it shall be considered to be such a preferred action if such 33 city enacts by local law the provisions of this subdivision throughout 34 such locality. For any locality located within a county wherein such 35 county is empowered to approve or amend some or all of the land use 36 requirements applicable within the locality, to the extent the county is 37 so empowered, it shall be considered such a preferred action if such 38 county enacts by local law the provisions of this subdivision to be in 39 effect throughout such locality. 40 (i) For the purposes of this subdivision: 41 A. "Local government" shall mean a county, city, town or village. 42 B. "Nonconforming zoning condition" shall mean a physical improvement 43 on a property that does not conform with current zoning standards. 44 C. "Proposed dwelling" shall mean a dwelling that is the subject of a 45 permit application and that meets the requirements for permitting. 46 (ii) A local government shall, by local law, provide for the creation 47 of accessory dwelling units. Such local law shall: 48 A. designate areas within the jurisdiction of the local government 49 where accessory dwelling units shall be permitted. Designated areas 50 shall include all areas that permit single-family or multi-family resi- 51 dential use, and all lots with an existing residential use; 52 B. authorize the creation of at least one accessory dwelling unit per 53 lot; 54 C. provide reasonable standards for accessory dwelling units that may 55 include, but are not limited to, height, landscape, architectural reviewS. 4006--B 50 1 and maximum size of a unit. In no case shall such standards unreasonably 2 restrict the creation of accessory dwelling units; and 3 D. require accessory dwelling units to comply with the following: 4 (1) such accessory dwelling unit may be rented separate from the 5 primary residential dwelling unit, but shall not be sold or otherwise 6 conveyed separate from the primary residential dwelling unit; 7 (2) such accessory dwelling unit shall be located on a lot that 8 includes a proposed dwelling or existing residential dwelling unit; 9 (3) such accessory dwelling unit shall not be rented for a term of 10 less than thirty days; and 11 (4) if there is an existing primary residential dwelling unit, the 12 total floor area of an accessory dwelling unit shall not exceed fifty 13 percent of the existing primary residential dwelling unit, unless such 14 limit would prevent the creation of an accessory dwelling unit that is 15 no greater than six hundred square feet. 16 (iii) A local government shall not establish by local law any of the 17 following: 18 A. in a local government having a population of one million or more, a 19 minimum square footage requirement for an accessory dwelling unit great- 20 er than two hundred square feet, or in a local government having a popu- 21 lation of less than one million, a minimum square footage requirement 22 for an accessory dwelling unit that is greater than five hundred fifty 23 square feet; 24 B. a maximum square footage requirement for an accessory dwelling unit 25 that is less than fifteen hundred square feet; 26 C. any other minimum or maximum size for or other limits on an acces- 27 sory dwelling unit that does not permit at least an eight hundred square 28 foot accessory dwelling unit with four-foot side and rear yard setbacks 29 to be constructed in compliance with other local standards, including 30 any such minimum or maximum size based upon a percentage of the proposed 31 dwelling or existing primary residential dwelling unit, or any such 32 other limits on lot coverage, floor area ratio, open space, and minimum 33 lot size. Notwithstanding any other provision of this section, a local 34 government may provide, where a lot contains an existing residential 35 dwelling unit, that an accessory dwelling unit located within and/or 36 attached to the primary residential dwelling unit shall not exceed the 37 buildable envelope for the existing residential dwelling unit, and that 38 an accessory dwelling unit that is detached from an existing residential 39 dwelling unit shall be constructed in the same location and to the same 40 dimensions as an existing structure, if such structure exists; 41 D. a ceiling height requirement greater than seven feet, unless the 42 local government can demonstrate that such a requirement is necessary 43 for the preservation of health and safety; 44 E. any requirement that a pathway exist or be constructed in conjunc- 45 tion with the creation of an accessory dwelling unit, unless the local 46 government can demonstrate that such requirement is necessary for the 47 preservation of health and safety; 48 F. any setback for an existing residential dwelling unit or accessory 49 structure or a structure constructed in the same location and to the 50 same dimensions as an existing structure that is converted to an acces- 51 sory dwelling unit or to a portion of an accessory dwelling unit, or any 52 setback of more than four feet from the side and rear lot lines for an 53 accessory dwelling unit that is not converted from an existing structure 54 or a new structure constructed in the same location and to the same 55 dimensions as an existing structure;S. 4006--B 51 1 G. any health or safety requirements on accessory dwelling units that 2 are not necessary to protect health and safety. Nothing in this 3 provision shall be construed to prevent a local government from requir- 4 ing that accessory dwelling units are, where applicable, supported by 5 septic capacity necessary to meet state health, safety and sanitary 6 standards, that the creation of such accessory dwelling units comports 7 with flood resiliency policies or efforts, and that such accessory 8 dwelling units are consistent with the protection of wetlands and 9 watersheds; or 10 H. any requirement for owner occupancy in either the primary or acces- 11 sory dwelling unit. 12 (iv) No parking requirement shall be imposed on an accessory dwelling 13 unit; provided, however, that where no adjacent public street permits 14 year-round on-street parking and the accessory dwelling unit is greater 15 than one-half mile from access to public transportation, a local govern- 16 ment may require up to one off-street parking space per accessory unit. 17 (v) A local government shall not require that off-street parking spac- 18 es be replaced if a garage, carport, or covered parking structure is 19 demolished in conjunction with the construction of an accessory dwelling 20 unit or converted to an accessory dwelling unit. 21 (vi) Notwithstanding any local law, ordinance, resolution, or regu- 22 lations, a permit application to create an accessory dwelling unit in 23 conformance with a local law adopted pursuant to this paragraph shall be 24 considered ministerially, without discretionary review or a hearing. If 25 there is an existing single-family or multi-family residential dwelling 26 unit on the lot, the permitting local government shall act on the appli- 27 cation to create an accessory dwelling unit within ninety days from the 28 date the local agency receives a completed application or, in a local 29 government having a population of one million or more, within sixty 30 days. If the permit application to create an accessory dwelling unit is 31 submitted with a permit application to create a new primary residential 32 dwelling unit on the lot, the permitting local government may delay 33 acting on the permit application for the accessory dwelling unit until 34 the permitting local government acts on the permit application to create 35 the new primary residential dwelling unit, but the application to create 36 the accessory dwelling unit shall be considered without discretionary 37 review or hearing. If the applicant requests a delay, the time period 38 for review shall be tolled for the period of the delay. Such review 39 shall include all necessary permits and approvals including, without 40 limitation, those related to health and safety. A local government shall 41 not require an additional or amended certificate of occupancy in 42 connection with an accessory dwelling unit. A local government may 43 charge a fee not to exceed one thousand dollars per application for the 44 reimbursement of the actual costs such local agency incurs pursuant to 45 the local law enacted pursuant to this paragraph. 46 (vii) Local governments shall establish an administrative appeal proc- 47 ess to a local agency for applications to create accessory dwelling 48 units. The jurisdiction of the local agency to decide such appeals shall 49 be limited to reviewing any order, requirement, decision, interpreta- 50 tion, or determination issued under the local law adopted pursuant to 51 this paragraph and deciding the matter from which any such appeal was 52 taken. When a permit to create an accessory dwelling unit pursuant to a 53 local law adopted pursuant to this paragraph is denied, the local agency 54 that denied the permit shall issue a notice of denial which shall 55 contain the reason or reasons such permit application was denied and 56 instructions on how the applicant may appeal such denial. Such noticeS. 4006--B 52 1 shall be made part of the record of appeals. All appeals shall be 2 submitted to the local agency authorized by the governing body of the 3 local government to decide such appeals, in writing within thirty days 4 of any order, requirement, decision, interpretation, or determination 5 related to the creation of accessory dwelling units. 6 (viii) No other local law, ordinance, policy, or regulation shall be 7 the basis for the denial of a building permit or a use permit under this 8 paragraph except to the extent necessary to protect health and safety 9 and provided such law, policy, or regulation is consistent with the 10 requirements of this paragraph. 11 (ix) A local government shall not require, as a condition for minis- 12 terial approval of a permit application for the creation of an accessory 13 dwelling unit, the correction of nonconforming zoning conditions, 14 noncomplying zoning conditions, or other minor violations of any local 15 law. 16 (x) Where an accessory dwelling unit requires a new or separate utili- 17 ty connection directly between the accessory dwelling unit and the util- 18 ity, the connection may be subject to a connection fee or capacity 19 charge that shall be proportionate to the burden of the proposed acces- 20 sory dwelling unit, based upon either its size or the number of its 21 plumbing fixtures upon the water or sewer system. Such fee or charge 22 shall not exceed the reasonable cost of providing such utility 23 connection. A local government shall not impose any other fee in 24 connection with an accessory dwelling unit. 25 (xi) A property owner who is denied a permit by a local government in 26 violation of this paragraph shall have a private cause of action in a 27 court of competent jurisdiction. 28 (xii) Any amendment undertaken pursuant to this paragraph shall be 29 exempt from any environmental review requirements pursuant to article 30 eight of the environmental conservation law and any rules and regu- 31 lations promulgated pursuant thereto, and any substantially equivalent 32 local law, regulation or rule to article eight of the environmental 33 conservation law, including, but not limited to, in a city with a popu- 34 lation greater than one million people, city environmental quality 35 review, but must meet the following criteria: 36 A. be located in a census tract defined as an urbanized area or an 37 urban cluster by the federal Census Bureau; and 38 B. complete a Phase I Environmental Site Assessment (ESA) pursuant to 39 the federal Comprehensive Environmental Response, Compensation and 40 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 41 water and paint, asbestos, and radon, the results of which shall be 42 submitted by the proposed developer of such action to the local agency 43 responsible for approving or denying the application for such action; 44 C. receive certification from a qualified environmental professional, 45 as such term is defined by the commissioner pursuant to regulation, that 46 such action, as proposed, will not violate any state wetland laws or 47 drinking water laws under article eleven of the public health law, or 48 any rules or regulations promulgated thereto; or 49 D. have been subject to a general environmental impact analysis 50 through an environmental impact statement. 51 (xiii) A court shall not intervene with an environmental review 52 conducted pursuant to this article or rules or regulations promulgated 53 thereto unless there is substantial information missing that is material 54 to the decision makers' review. 55 b. It shall be considered to be a preferred action pursuant to this 56 section if a locality enacts by local law the provisions of this para-S. 4006--B 53 1 graph. For any locality within a city with a population of one million 2 or more, it shall be considered to be such a preferred action if such 3 city enacts by local law the provisions of this paragraph throughout 4 such locality. For any locality located within a county wherein such 5 county is empowered to approve or amend some or all of the land use 6 requirements applicable within the locality, to the extent the county is 7 so empowered, it shall be considered such a preferred action if such 8 county enacts by local law the provisions of this paragraph to be in 9 effect throughout such locality. 10 (i) Notwithstanding any other provision of state or local law, rule or 11 regulation, a lead agency equivalent shall ministerially approve, as set 12 forth by the local law adopted to establish a preferred action in 13 accordance with this paragraph, a lot to be split if the lead agency 14 equivalent determines that the lot meets all of the following require- 15 ments: 16 A. the lot to be split creates no more than two new lots of approxi- 17 mately equal lot area, provided that one lot shall not be smaller than 18 forty percent of the lot area of the original lot proposed for the 19 subdivision; 20 B. the lot to be split is located in an area where single-family resi- 21 dential use is permitted; 22 C. the lot was not created from a previous lot split permitted pursu- 23 ant to the local law that was enacted pursuant to this paragraph; and 24 D. the proposed lot split would not require demolition or alteration 25 of any of the following types of housing: 26 (1) housing that is subject to a recorded covenant, ordinance, law or 27 regulatory agreement that restricts rents to levels affordable to 28 persons and families of a set income; 29 (2) housing that is subject to the emergency rent stabilization law or 30 the emergency tenant protection act; or 31 (3) housing that is listed on the state registry of historic places or 32 had an application pending to be listed on such registry as of the 33 effective date of this article. 34 (ii) An application for a lot split shall be approved in accordance 35 with the following requirements: 36 A. A lead agency equivalent shall approve or deny an application for a 37 lot split ministerially without discretionary review. 38 B. A lead agency equivalent shall not require dedications of rights- 39 of-way or the construction of offsite improvements for the lots being 40 created as a condition of approving a lot split pursuant to a local law 41 adopted pursuant to this paragraph. 42 C. A lead agency equivalent shall not impose land use standards, 43 zoning standards, subdivision standards, design review standards, or 44 other development standards that would have the effect of physically 45 precluding the construction of two units, one on each of the resulting 46 lots, or that would result in a unit size of less than eight hundred 47 square feet, provided further that no setback shall be required for an 48 existing structure or a structure constructed in the same location and 49 to the same dimensions as an existing structure. 50 D. Notwithstanding clause C of this subparagraph, a lead agency equiv- 51 alent may require a setback of up to four feet from the side and rear 52 lot lines. 53 (iii) A lead agency equivalent may deny a lot split if the lead agency 54 equivalent makes a written finding, based upon a preponderance of the 55 evidence, that a proposed residential dwelling unit on one of the new 56 lots would have a specific, adverse impact upon public health or safetyS. 4006--B 54 1 for which there is no feasible method to satisfactorily mitigate the 2 specific adverse impact. 3 (iv) A lead agency equivalent may require any of the following condi- 4 tions when considering an application to undertake a lot split: 5 A. easements required for the provision of public services and facili- 6 ties; 7 B. a requirement that the lots have access to, provide access to, or 8 adjoin the public right-of-way; and 9 C. off-street parking of up to one space per residential dwelling 10 unit, except that a lead agency equivalent shall not impose parking 11 requirements in either of the following instances: 12 (1) where year-round parking is permitted on an adjacent street; or 13 (2) where the split lot is within one-half mile of access to public 14 transportation. 15 (v) A lead agency equivalent shall not impose owner occupancy require- 16 ments on a lot split authorized pursuant to a local law adopted pursuant 17 to this paragraph. 18 (vi) A lead agency equivalent shall require that a rental of any unit 19 created pursuant to a local law adopted pursuant to this paragraph be 20 for a term longer than thirty days. 21 (vii) A lead agency equivalent shall not require, as a condition for 22 ministerial approval of a lot split pursuant to a local law adopted 23 pursuant to this paragraph, correction of nonconforming or noncomplying 24 zoning conditions. 25 (viii) A request for a lot split pursuant to a local law adopted 26 pursuant to this paragraph shall not be denied solely because it 27 proposed adjacent or connected structures, provided that the structures 28 meet building code safety standards and are sufficient to allow separate 29 conveyance. 30 (ix) Any amendment undertaken pursuant to this paragraph shall be 31 exempt from any environmental review requirements pursuant to article 32 eight of the environmental conservation law and any rules and regu- 33 lations promulgated pursuant thereto, and any substantially equivalent 34 local law, regulation or rule to article eight of the environmental 35 conservation law, including, but not limited to, in a city with a popu- 36 lation of one million or more, city environmental quality review, but 37 must meet the following criteria: 38 A. be located in a census tract defined as an urbanized area or an 39 urban cluster by the federal Census Bureau; and 40 B. complete a Phase I Environmental Site Assessment (ESA) pursuant to 41 the federal Comprehensive Environmental Response, Compensation and 42 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 43 water and paint, asbestos, and radon, the results of which shall be 44 submitted by the proposed developer of such action to the local agency 45 responsible for approving or denying the application for such action; 46 C. receive certification from a qualified environmental professional, 47 as such term is defined by the commissioner pursuant to regulation, that 48 such action, as proposed, will not violate any state wetland laws or 49 drinking water laws under article eleven of the public health law, or 50 any rules or regulations promulgated thereto; or 51 D. have been subject to a general environmental impact analysis 52 through an environmental impact statement. 53 (x) A court shall not intervene with an environmental review conducted 54 pursuant to this article or rules or regulations promulgated thereto 55 unless there is substantial information missing that is material to the 56 decision makers' review.S. 4006--B 55 1 c. It shall be considered to be a preferred action pursuant to this 2 section if a locality enacts by local law the provisions of this para- 3 graph. For any locality within a city with a population of one million 4 or more, it shall be considered to be such a preferred action if such 5 city enacts by local law the provisions of this paragraph throughout 6 such locality. For any locality located within a county wherein such 7 county is empowered to approve or amend some or all of the land use 8 requirements applicable within the locality, to the extent the county is 9 so empowered, it shall be considered such a preferred action if such 10 county enacts by local law the provisions of this paragraph to be in 11 effect throughout such locality. 12 (i) No locality shall, as part of its land use laws, ordinances, rules 13 or regulations, including, but not limited to, zoning laws, ordinances, 14 rules or regulations, site plan review laws, ordinances, rules or regu- 15 lations, subdivision laws, rules or regulations, or comprehensive plan- 16 ning laws, rules or regulations, impose: 17 A. minimum lot size requirements for mixed-use or residential uses; 18 B. height limits that preclude or unduly restrict the ability to build 19 residential accommodations, including multi-family residential build- 20 ings; 21 C. lot coverage restrictions that preclude or unduly restrict the 22 ability to build residential accommodations, including multi-family 23 residential buildings; or 24 D. parking minimums on any site that exceed one parking space per 25 residential dwelling unit, provided, further, that no parking minimums 26 may be imposed for any site that includes residential dwelling units 27 when such site is located within one-half mile from access to public 28 transportation. 29 (ii) Any amendment undertaken pursuant to this paragraph shall be 30 exempt from any environmental review requirements pursuant to article 31 eight of the environmental conservation law and any rules and regu- 32 lations promulgated pursuant thereto, and any substantially equivalent 33 local law, regulation or rule to article eight of the environmental 34 conservation law, including, but not limited to, in a city with a popu- 35 lation of one million or more, city environmental quality review, but 36 must meet the following criteria: 37 A. be located in a census tract defined as an urbanized area or an 38 urban cluster by the federal Census Bureau; and 39 B. complete a Phase I Environmental Site Assessment (ESA) pursuant to 40 the federal Comprehensive Environmental Response, Compensation and 41 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 42 water and paint, asbestos, and radon, the results of which shall be 43 submitted by the proposed developer of such action to the local agency 44 responsible for approving or denying the application for such action; 45 C. receive certification from a qualified environmental professional, 46 as such term is defined by the commissioner pursuant to regulation, that 47 such action, as proposed, will not violate any state wetland laws or 48 drinking water laws under article eleven of the public health law, or 49 any rules or regulations promulgated thereto; or 50 D. have been subject to a general environmental impact analysis 51 through an environmental impact statement. 52 (iii) A court shall not intervene with an environmental review 53 conducted pursuant to this article or rules or regulations promulgated 54 thereto unless there is substantial information missing that is material 55 to the decision makers' review.S. 4006--B 56 1 d. It shall be considered to be a preferred action pursuant to this 2 section if a locality enacts by local law the provisions of this para- 3 graph. Such preferred action shall be designed and implemented in such a 4 manner that it complies with federal and state fair housing laws, 5 including the requirement to affirmatively further fair housing, which 6 shall include compliance with the requirements set forth in subdivision 7 three of section six hundred of the public housing law. For any locality 8 within a city with a population of one million or more, it shall be 9 considered to be such a preferred action if such city enacts by local 10 law the provisions of this paragraph throughout such locality. For any 11 locality located within a county wherein such county is empowered to 12 approve or amend some or all of the land use requirements applicable 13 within the locality, to the extent the county is so empowered, it shall 14 be considered such a preferred action if such county enacts by local law 15 the provisions of this paragraph to be in effect throughout such locali- 16 ty. 17 (i) A lead agency equivalent shall undertake a land use action to 18 amend its land use requirements, as applicable, to permit the 19 construction of residential housing with an aggregate density of at 20 least twenty-five residential dwelling units per acre over an area or 21 areas consisting solely of previously disturbed land that, in the aggre- 22 gate, are equal to one-third of the previously disturbed land mass of 23 the locality. 24 (ii) Such land use action shall not include any measure that makes the 25 development of residential housing economically infeasible, including, 26 but not limited to, unduly restrictive height limits, excessive yard or 27 open space requirements, the imposition of minimum or maximum residen- 28 tial dwelling unit size limits, or restrictions on the total number of 29 permitted residential dwelling units within a residential housing 30 project based on lot size or other criteria other than the aggregate 31 density. 32 (iii) Such land use action shall permit commercial uses on a reason- 33 able percentage of the lots impacted by the amendment with the goal of 34 granting residents access to amenities, goods, and services within walk- 35 ing distance of their residences. 36 (iv) Any amendment undertaken pursuant to this paragraph shall be 37 exempt from any environmental review requirements pursuant to article 38 eight of the environmental conservation law and any rules and regu- 39 lations promulgated pursuant thereto, and any substantially equivalent 40 local law, regulation or rule to article eight of the environmental 41 conservation law, including, but not limited to, in a city with a popu- 42 lation greater than one million people, city environmental quality 43 review, but must meet the following criteria: 44 A. be located in a census tract defined as an urbanized area or an 45 urban cluster by the federal Census Bureau; and 46 B. complete a Phase I Environmental Site Assessment (ESA) pursuant to 47 the federal Comprehensive Environmental Response, Compensation and 48 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 49 water and paint, asbestos, and radon, the results of which shall be 50 submitted by the proposed developer of such action to the local agency 51 responsible for approving or denying the application for such action; 52 C. receive certification from a qualified environmental professional, 53 as such term is defined by the commissioner pursuant to regulation, that 54 such action, as proposed, will not violate any state wetland laws or 55 drinking water laws under article eleven of the public health law, or 56 any rules or regulations promulgated thereto; orS. 4006--B 57 1 D. have been subject to a general environmental impact analysis 2 through an environmental impact statement. 3 (v) A court shall not intervene with an environmental review conducted 4 pursuant to this article or rules or regulations promulgated thereto 5 unless there is substantial information missing that is material to the 6 decision makers' review. 7 (vi) Any proposed project that provides residential housing and 8 complies with a locality's land use requirements, after such land use 9 requirements have been amended pursuant to this paragraph, shall be 10 exempt from review requirements pursuant to article eight of the envi- 11 ronmental conservation law and any rules and regulations promulgated 12 thereto, and any substantially equivalent local law, regulation or rule 13 to article eight of the environmental conservation law, including, but 14 not limited to, in a city with a population greater than one million 15 people, city environmental quality review, but must meet the following 16 criteria: 17 A. be located in a census tract defined as an urbanized area or an 18 urban cluster by the federal Census Bureau; and 19 B. complete a Phase I Environmental Site Assessment (ESA) pursuant to 20 the federal Comprehensive Environmental Response, Compensation and 21 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 22 water and paint, asbestos, and radon, the results of which shall be 23 submitted by the proposed developer of such action to the local agency 24 responsible for approving or denying the application for such action; 25 C. receive certification from a qualified environmental professional, 26 as such term is defined by the commissioner pursuant to regulation, that 27 such action, as proposed, will not violate any state wetland laws or 28 drinking water laws under article eleven of the public health law, or 29 any rules or regulations promulgated thereto; or 30 D. have been subject to a general environmental impact analysis 31 through an environmental impact statement. 32 (vii) A court shall not intervene with an environmental review 33 conducted pursuant to this article or rules or regulations promulgated 34 thereto unless there is substantial information missing that is material 35 to the decision makers' review. 36 (viii) Project specific review of any project that provides residen- 37 tial housing and complies with a locality's land use requirements, after 38 such requirements have been amended pursuant to this paragraph, shall: 39 A. be completed with written approval or denial being delivered to the 40 applying party within one hundred twenty days of the application being 41 submitted; and 42 B. be limited to a review of the following: 43 (1) the capacity of local infrastructure to provide adequate drinking 44 water and wastewater services to the proposed project; 45 (2) the capacity of local infrastructure to provide adequate utility 46 services to the proposed project; and 47 (3) the aesthetics of the proposed project, provided that any aesthet- 48 ic review must be based on published objective standards. If no objec- 49 tive standards are published, no project specific review may consider 50 aesthetics. Provided further that no aesthetic requirements may increase 51 the cost of a project to make such project as proposed economically 52 infeasible. 53 C. Unless specifically set forth by this paragraph, nothing set forth 54 in this subparagraph shall be interpreted to override or otherwise waive 55 any permitting required pursuant to state or federal laws or regu- 56 lations.S. 4006--B 58 1 e. It shall be considered to be a preferred action pursuant to this 2 section if a locality enacts by local law the provisions of this para- 3 graph. Such preferred action shall be designed and implemented in such a 4 manner that it complies with federal and state fair housing laws, 5 including the requirement to affirmatively further fair housing, which 6 shall include compliance with the requirements set forth in subdivision 7 three of section six hundred of the public housing law. For any locality 8 within a city with a population greater than one million people, it 9 shall be considered to be such a preferred action if such city enacts by 10 local law the provisions of this paragraph throughout such locality. 11 For any locality located within a county wherein such county is 12 empowered to approve or amend some or all of the land use requirements 13 applicable within the locality, to the extent the county is so 14 empowered, it shall be considered such a preferred action if such county 15 enacts by local law the provisions of this paragraph to be in effect 16 throughout such locality. 17 (i) A lead agency equivalent shall undertake a land use action to 18 amend its land use requirements to permit the construction and occupancy 19 of residential housing with an aggregate density of at least twenty-five 20 residential dwelling units per acre in an area that, prior to such 21 amendment, permitted only commercial use. 22 A. Such land use action must encompass an area of at least one hundred 23 acres. 24 B. Such land use action shall not include any measure that makes the 25 development of residential housing economically infeasible, including, 26 but not limited to, unduly restrictive height limits, excessive yard or 27 open space requirements, the imposition of minimum or maximum unit size 28 limits, or restrictions on the total number of permitted residential 29 dwelling units within a residential housing project based on lot size or 30 other criteria other than the aggregate density. 31 C. Such land use action shall permit commercial uses on a reasonable 32 percentage of the lots impacted by the amendment with the goal of grant- 33 ing residents access to amenities, goods, and services within walking 34 distance of their residences. 35 (ii) Any amendment undertaken pursuant to this paragraph shall be 36 exempt from any environmental review requirements pursuant to article 37 eight of the environmental conservation law and any rules and regu- 38 lations promulgated pursuant thereto, and any substantially equivalent 39 local law, regulation or rule to article eight of the environmental 40 conservation law, including, but not limited to, in a city with a popu- 41 lation greater than one million people, city environmental quality 42 review, but must meet the following criteria: 43 A. be located in a census tract defined as an urbanized area or an 44 urban cluster by the federal Census Bureau; and 45 B. complete a Phase I Environmental Site Assessment (ESA) pursuant to 46 the federal Comprehensive Environmental Response, Compensation and 47 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 48 water and paint, asbestos, and radon, the results of which shall be 49 submitted by the proposed developer of such action to the local agency 50 responsible for approving or denying the application for such action; 51 C. receive certification from a qualified environmental professional, 52 as such term is defined by the commissioner pursuant to regulation, that 53 such action, as proposed, will not violate any state wetland laws or 54 drinking water laws under article eleven of the public health law, or 55 any rules or regulations promulgated thereto; orS. 4006--B 59 1 D. have been subject to a general environmental impact analysis 2 through an environmental impact statement. 3 (iii) A court shall not intervene with an environmental review 4 conducted pursuant to this article or rules or regulations promulgated 5 thereto unless there is substantial information missing that is material 6 to the decision makers' review. 7 (iv) Any proposed project that provides residential housing and 8 complies with land use requirements, after such land use requirements 9 have been amended pursuant to this paragraph, shall be exempt from 10 review requirements pursuant to article eight of the environmental 11 conservation law and any rules and regulations promulgated pursuant 12 thereto, and any substantially equivalent local law, regulation or rule 13 to article eight of the environmental conservation law, including, but 14 not limited to, in a city with a population greater than one million 15 people, city environmental quality review. 16 (v) Any project that provides residential housing and complies with 17 applicable land use requirements, after such land use requirements have 18 been amended pursuant to this paragraph, shall be buildable as of right, 19 and any project specific review relating to such project shall: 20 A. be completed with written approval or denial being delivered to the 21 applying party within one hundred twenty days of the application being 22 submitted; and 23 B. be limited to a review of the following: 24 (1) the capacity of local infrastructure to provide adequate drinking 25 water and wastewater services to the proposed project; 26 (2) the capacity of local infrastructure to provide adequate utility 27 services to the proposed project; and 28 (3) the aesthetics of the proposed project, provided that any aesthet- 29 ic review must be based on published objective standards. If no objec- 30 tive standards are published, no project specific review may consider 31 aesthetics. Provided further that no aesthetic requirements may increase 32 the cost of a project to make such project as proposed economically 33 infeasible. 34 C. unless specifically set forth by this paragraph, nothing set forth 35 in this subparagraph shall be interpreted to override or otherwise waive 36 any permitting required pursuant to state or federal laws or regu- 37 lations. 38 f. It shall be considered to be a preferred action pursuant to this 39 section if a locality enacts by local law the provisions of this para- 40 graph. For any locality within a city with a population of one million 41 or more that has an average aggregate density less than fifty dwelling 42 units per acre one-half mile from its transit stations as of January 43 first, two thousand twenty-four, it shall be considered to be such a 44 preferred action if such city enacts by local law the provisions of this 45 paragraph throughout such locality. For any locality located within a 46 county wherein such county is empowered to approve or amend some or all 47 of the land use requirements applicable within the locality, to the 48 extent the county is so empowered, it shall be considered such a 49 preferred action if such county enacts by local law the provisions of 50 this paragraph to be in effect throughout such locality. 51 (i) For the purposes of this paragraph: 52 (A) "Aggregate density requirement" shall be defined as a required 53 minimum average density of residential dwellings per acre across a tran- 54 sit-oriented development zone, provided that exempt land shall not be 55 included in the calculation to determine the aggregate density require- 56 ment. Provided further that:S. 4006--B 60 1 (1) Within a tier 1 transit-oriented development zone, the required 2 minimum average density shall be fifty residential dwellings per acre; 3 (2) Within a tier 2 transit-oriented development zone, the required 4 minimum average density shall be forty residential dwellings per acre; 5 (3) Within a tier 3 transit-oriented development zone, the required 6 minimum average density shall be thirty residential dwellings per acre; 7 (4) Within a tier 4 transit-oriented development zone, the required 8 minimum average density shall be twenty residential dwellings per acre; 9 (5) Within a tier 5 transit-oriented development zone, the required 10 minimum average density shall be fifteen residential dwellings per acre; 11 and 12 (6) Within a tier 6 transit-oriented development zone, the required 13 minimum average density shall be fifteen residential dwellings per acre. 14 (B) "Amendment" shall be defined as any local legislative, executive, 15 or administrative change made to a city's local land use tools pursuant 16 to subdivision two of this section. 17 (C) "Economically infeasible" shall mean any condition brought about 18 by any single factor or combination of factors to the extent that it 19 makes it substantially unlikely for an owner to proceed in building a 20 residential housing project and still realize a reasonable return in 21 building or operating such housing without substantially changing the 22 rent levels, unit sizes, or unit counts proposed by the owner. 23 (D) "Exempt land" shall be defined as non-buildable land, cemeteries, 24 mapped or dedicated parks, registered historic sites, and highways. 25 (E) "Highways" shall be defined as a vehicle road designated and iden- 26 tified pursuant to the New York state or federal interstate highway 27 system. 28 (F) "Lead agency equivalent" shall be defined as any city or common 29 council or other legislative body of the city, planning board, zoning 30 board of appeals, planning division, planning commission, board of stan- 31 dards and appeals, board of zoning appeals, or any official or employee, 32 or any other agency, department, board, body, or other entity in a city 33 with the authority to approve or disapprove of any specific project or 34 amendment to any local land use tools as defined herein. 35 (G) "Local land use tools" shall be adopted or enacted under this 36 chapter, the municipal home rule law, or any general, special or other 37 law pertaining to land use, and shall include but not be limited to a 38 city's: 39 (1) written or other comprehensive plan or plans; 40 (2) zoning ordinance, local laws, resolutions or regulations; 41 (3) special use permit, special exception permit, or special permit 42 ordinance, local laws, resolutions or regulations; 43 (4) subdivision ordinance, local laws, resolutions, or regulations; 44 (5) site plan review ordinance, local laws, resolutions or regu- 45 lations; and/or 46 (6) policies or procedures, or any planning, zoning, or other land use 47 regulatory tool that controls or establishes standards for the use and 48 occupancy of land, the area and dimensional requirements for the devel- 49 opment of land or the intensity of such development. 50 (H) "Mapped or dedicated parks" shall be defined as: 51 (1) any land designated on an official map established as authorized 52 by law or depicted on another map adopted or enacted by the local 53 governing board as a publicly accessible space designated for park or 54 recreational use on or before the effective date of this section; or 55 (2) any parkland expressly or impliedly dedicated to park or recre- 56 ational use on or before the effective date of this section.S. 4006--B 61 1 (I) "Non-buildable land" shall be defined as any land that cannot be 2 built upon without significant alterations to the natural terrain needed 3 to make such land suitable for construction, including but not limited 4 to rivers and streams, freshwater and tidal wetlands, marshlands, coas- 5 tal erosion hazard areas, one hundred-year flood plain, and protected 6 forests. No land that has previously had a building or other improve- 7 ment, including but not limited to parking lots, constructed on it shall 8 be considered non-buildable land. 9 (J) "Objective standards" shall be defined as standards that involve 10 no personal or subjective judgment by a public official or employee and 11 are uniformly verifiable by reference to a publicly available and 12 uniform benchmark or criterion available and knowable by both the devel- 13 opment applicant and the public official or employee before submittal of 14 a land use application to locate and develop residential dwellings. 15 (K) "Project specific review" shall be defined as any review or 16 approval process related to a specific site, or to a proposed develop- 17 ment or an application, regardless of the number of sites, including, 18 but not limited to, variance, waiver, special permit, site plan review 19 or subdivision review. 20 (L) "Eligible project" shall be defined as a proposed project that 21 consists primarily of residential dwellings that is or will be located 22 within a transit-oriented development zone and which will be connected 23 to publicly-owned water and sewage systems. 24 (M) "Registered historic sites" shall be defined as sites, districts, 25 structures, landmarks, or buildings listed on the state register of 26 historic places as of the effective date of this section. 27 (N) "Residential dwellings" shall be defined as any building or struc- 28 ture or portion thereof which is legally occupied in whole or in part as 29 the home, residence or sleeping place of one or more human beings, 30 however the term does not include any class B multiple dwellings as 31 defined in section four of the multiple dwelling law or housing that is 32 intended to be used on a seasonal basis. 33 (O) "Residential zone" shall be defined as any land within a transit- 34 oriented development zone wherein residential dwellings are permitted as 35 of the effective date of this section. 36 (P) "Transit-oriented development review process" shall be the process 37 by which all project specific reviews in a transit-oriented development 38 zone and all other land use actions undertaken pursuant to this section 39 shall be reviewed, which shall: 40 (1) Be completed with approval or denial delivered to the applying 41 party within one hundred twenty days of the application being submitted; 42 and 43 (2) Be limited to a review of the following: 44 (i) The capacity of local infrastructure to provide adequate drinking 45 water and wastewater services to the proposed project; 46 (ii) The capacity of local infrastructure to provide adequate utility 47 services to the proposed project; and 48 (iii) The aesthetics of the proposed project, provided that any 49 aesthetic review must be based on published objective standards. If no 50 objective standards are published, no transit-oriented development 51 review process may consider aesthetics, and provided further that no 52 aesthetic requirements shall increase the cost of an eligible project to 53 make such project as proposed economically infeasible. 54 (Q) "Tier 1 qualifying transit station" shall be defined as any rail 55 station, including subway stations, within the state of New York that is 56 not operated on an exclusively seasonal basis and that is owned, oper-S. 4006--B 62 1 ated or otherwise served by metro-north railroad, the Long Island rail- 2 road, the port authority of New York and New Jersey, the New Jersey 3 transit corporation, the New York city transit authority, or the metro- 4 politan transportation authority where any portion of such station is 5 located within a city with a population of greater than one million 6 people. 7 (R) "Tier 2 qualifying transit station" shall be defined as any rail 8 station, including subway stations, within the state of New York that is 9 not operated on an exclusively seasonal basis and that is owned, oper- 10 ated or otherwise served by metro-north railroad, the Long Island rail- 11 road, the port authority of New York and New Jersey, the New Jersey 12 transit corporation, the New York city transit authority, or the metro- 13 politan transportation authority where any portion of such station is 14 located no more than fifteen miles from the nearest border of a city 15 with a population of greater than one million people, as measured on a 16 straight line from such city's nearest border to such rail station. 17 (S) "Tier 3 qualifying transit station" shall be defined as any rail 18 station, including subway stations, within the state of New York that is 19 not operated on an exclusively seasonal basis and that is owned, oper- 20 ated or otherwise served by metro-north railroad, the Long Island rail- 21 road, the port authority of New York and New Jersey, the New Jersey 22 transit corporation, the New York city transit authority, or the metro- 23 politan transportation authority where any portion of such station is 24 located more than fifteen and no more than thirty miles from the nearest 25 border of a city with a population of greater than one million people, 26 as measured on a straight line from such city's nearest border to such 27 rail station. 28 (T) "Tier 4 qualifying transit station" shall be defined as any rail 29 station, including subway stations, within the state of New York that is 30 not operated on an exclusively seasonal basis and that is owned, oper- 31 ated or otherwise served by metro-north railroad, the Long Island rail- 32 road, the port authority of New York and New Jersey, the New Jersey 33 transit corporation, the New York city transit authority, or the metro- 34 politan transportation authority where any portion of such station is 35 located more than thirty and no more than fifty miles from the nearest 36 border of a city with a population of greater than one million people, 37 as measured on a straight line from such city's nearest border to such 38 rail station. 39 (U) "Tier 5 qualifying transit station" shall be defined as any rail 40 station, including subway stations, within the state of New York that is 41 not operated on an exclusively seasonal basis and that is owned, oper- 42 ated or otherwise served by metro-north railroad, the Long Island rail- 43 road, the port authority of New York and New Jersey, the New Jersey 44 transit corporation, the New York city transit authority, or the metro- 45 politan transportation authority where the entirety of such station is 46 located more than fifty miles from the nearest border of a city with a 47 population of greater than one million people, as measured on a straight 48 line from such city's nearest border to such rail station. 49 (V) "Tier 6 qualifying transit station" shall be defined as any rail 50 or bus station within the state of New York that is not operated on an 51 exclusively seasonal basis and that is owned, operated or otherwise 52 served by Amtrak, provides frequent service, or has substantial parking, 53 where the entirety of such station is located more than fifty miles from 54 the nearest border of a city with a population of greater than one 55 million people, as measured on a straight line from such city's nearest 56 border to such rail station.S. 4006--B 63 1 (W) "Tier 1 transit-oriented development zone" shall be defined as any 2 land, other than exempt land, located within a one-half mile radius of 3 any publicly accessible areas of a tier 1 qualifying transit station, 4 provided that such publicly accessible areas include, but are not limit- 5 ed to, platforms, ticketing areas, waiting areas, entrances and exits, 6 and parking lots or parking structures that provide parking for custom- 7 ers of such tier 1 qualifying transit stations, and are appurtenant to 8 such tier 1 qualifying transit stations, regardless of the ownership of 9 such parking structures or facilities, as of the effective date of this 10 section. Provided further that any tier 1 qualifying transit station 11 shall be considered to be part of such tier 1 transit-oriented develop- 12 ment zone. 13 (X) "Tier 2 transit-oriented development zone" shall be defined as any 14 land, other than exempt land, located within a one-half mile radius of 15 any publicly accessible areas of a tier 2 qualifying transit station, 16 provided that such publicly accessible areas include, but are not limit- 17 ed to, platforms, ticketing areas, waiting areas, entrances and exits, 18 and parking lots or parking structures that provide parking for custom- 19 ers of such tier 2 qualifying transit stations, and are appurtenant to 20 such tier 2 qualifying transit stations, regardless of the ownership of 21 such parking structures or facilities, as of the effective date of this 22 section. Provided further that any tier 2 qualifying transit station 23 shall be considered to be part of such tier 2 transit-oriented develop- 24 ment zone. 25 (Y) "Tier 3 transit-oriented development zone" shall be defined as any 26 land, other than exempt land, located within a one-half mile radius of 27 any publicly accessible areas of a tier 3 qualifying transit station, 28 provided that such publicly accessible areas include, but are not limit- 29 ed to, platforms, ticketing areas, waiting areas, entrances and exits, 30 and parking lots or parking structures that provide parking for custom- 31 ers of such tier 3 qualifying transit stations, and are appurtenant to 32 such tier 3 qualifying transit stations, regardless of the ownership of 33 such parking structures or facilities, as of the effective date of this 34 section. Provided further that any tier 3 qualifying transit station 35 shall be considered to be part of such tier 3 transit-oriented develop- 36 ment zone. 37 (Z) "Tier 4 transit-oriented development zone" shall be defined as any 38 land, other than exempt land, located within a one-half mile radius of 39 any publicly accessible areas of a tier 4 qualifying transit station, 40 provided that such publicly accessible areas include, but are not limit- 41 ed to, platforms, ticketing areas, waiting areas, entrances and exits, 42 and parking lots or parking structures that provide parking for custom- 43 ers of such tier 4 qualifying transit stations, and are appurtenant to 44 such tier 4 qualifying transit stations, regardless of the ownership of 45 such parking structures or facilities, as of the effective date of this 46 section. Provided further that any tier 4 qualifying transit station 47 shall be considered to be part of such tier 4 transit-oriented develop- 48 ment zone. 49 (AA) "Tier 5 transit-oriented development zone" shall be defined as 50 any land, other than exempt land, located within a one-half mile radius 51 of any publicly accessible areas of a tier 5 qualifying transit station, 52 provided that such publicly accessible areas include, but are not limit- 53 ed to, platforms, ticketing areas, waiting areas, entrances and exits, 54 and parking lots or parking structures that provide parking for custom- 55 ers of such tier 5 qualifying transit stations, and are appurtenant to 56 such tier 5 qualifying transit stations, regardless of the ownership ofS. 4006--B 64 1 such parking structures or facilities, as of the effective date of this 2 section. Provided further that any tier 5 qualifying transit station 3 shall be considered to be part of such tier 5 transit-oriented develop- 4 ment zone. 5 (BB) "Tier 6 transit-oriented development zone" shall be defined as 6 any land, other than exempt land, located within a one-half mile radius 7 of any publicly accessible areas of a tier 6 qualifying transit station, 8 provided that such publicly accessible areas include, but are not limit- 9 ed to, platforms, ticketing areas, waiting areas, entrances and exits, 10 and parking lots or parking structures that provide parking for custom- 11 ers of such tier 6 qualifying transit stations, and are appurtenant to 12 such tier 6 qualifying transit stations, regardless of the ownership of 13 such parking structures or facilities, as of the effective date of this 14 section. Provided further that any tier 6 qualifying transit station 15 shall be considered to be part of such tier 6 transit-oriented develop- 16 ment zone. 17 (CC) "Transit-oriented development zone" shall refer to a tier 1 tran- 18 sit-oriented development zone, a tier 2 transit-oriented development 19 zone, a tier 3 transit-oriented development zone, a tier 4 transit-or- 20 iented development zone, a tier 5 transit-oriented development zone, or 21 a tier 6 transit-oriented development zone as applicable. 22 (ii) A local government shall, by local law, provide for the facili- 23 tation of transit-oriented development by: 24 (A) A lead agency equivalent shall undertake a land use action to 25 amend its land use requirements, as applicable, to permit the 26 construction of residential housing with an applicable aggregate density 27 over the transit-oriented development zone. 28 (B) Such land use action shall not include any measure that makes the 29 development of residential housing economically infeasible, including, 30 but not limited to, unduly restrictive height limits, excessive yard or 31 open space requirements, the imposition of minimum or maximum residen- 32 tial dwelling unit size limits, or restrictions on the total number of 33 permitted residential dwelling units within a residential housing 34 project based on lot size or other criteria other than the aggregate 35 density. 36 (C) All proposed actions subject to review pursuant to a transit-or- 37 iented development review process shall be exempt from any environmental 38 review requirements pursuant to article eight of the environmental 39 conservation law and any rules and regulations promulgated thereto, and 40 any local equivalent law, regulation or rule, including, but not limited 41 to, in the city of New York, city environmental quality review. Provided 42 further that nothing set forth in this paragraph shall be interpreted to 43 override or otherwise waive any permitting required pursuant to state or 44 federal laws or regulations, unless specifically set forth herein. 45 Projects not subject to environmental review must meet the following 46 criteria: 47 (1) be located in a census tract defined as an urbanized area or an 48 urban cluster by the federal Census Bureau; and 49 (2) complete a Phase I Environmental Site Assessment (ESA) pursuant to 50 the federal Comprehensive Environmental Response, Compensation and 51 Liability Act (42 U.S.C. Chapter 103), and complete testing for lead 52 water and paint, asbestos, and radon, the results of which shall be 53 submitted by the proposed developer of such action to the local agency 54 responsible for approving or denying the application for such action; 55 (3) receive certification from a qualified environmental professional, 56 as such term is defined by the commissioner pursuant to regulation, thatS. 4006--B 65 1 such action, as proposed, will not violate any state wetland laws or 2 drinking water laws under article eleven of the public health law, or 3 any rules or regulations promulgated thereto; or 4 (4) have been subject to a general environmental impact analysis 5 through an environmental impact statement. 6 (D) A court shall not intervene with an environmental review conducted 7 pursuant to this article or rules or regulations promulgated thereto 8 unless there is substantial information missing that is material to the 9 decision makers' review. 10 § 1004. Housing production incentives. 1. Localities may access funds, 11 subject to appropriation, at the discretion of the land use advisory 12 council for the purpose of engaging in housing data collection and a 13 general planning process. 14 2. Localities determined by the land use advisory council to have 15 reached or surpassed their growth targets or adopted a preferred action, 16 as set pursuant to section one thousand three of this article, shall be 17 eligible for an incentive bonus disbursed by the land use advisory coun- 18 cil from the newly created housing infrastructure fund, subject to 19 appropriation. 20 3. Localities determined by the land use advisory council to have 21 reached or surpassed their growth targets or adopted a preferred action, 22 set pursuant to section one thousand three of this article, shall be 23 eligible for a ten percent increase of points on such locality's or 24 localities' consolidated funding application, a ten percent increase in 25 aid and incentives for municipalities and aid and incentives for munici- 26 palities related payments, increased eligibility for individual infras- 27 tructure, transportation, parks, and economic development grants. 28 4. Localities seeking housing production incentives pursuant to this 29 section, must meet proposed growth targets by December thirty-first, two 30 thousand twenty-six. Upon request to the land use advisory council, a 31 locality may be granted additional time to meet proposed growth targets 32 and remain eligible for incentives pursuant to this section. The land 33 use advisory council may grant additional time to a locality ending no 34 later than December thirty-first, two thousand twenty-eight. 35 § 1005. Land use advisory council. 1. Structure and powers of the land 36 use advisory council. 37 a. There is hereby established, within the division, a land use advi- 38 sory council, to effectuate the provisions of this article. 39 b. The land use advisory council shall consist of five members. Three 40 members shall be appointed by the governor, one member shall be 41 appointed by the speaker of the assembly, and one member shall be 42 appointed by the temporary president of the senate. The council members 43 shall serve a five year term, and shall only be relieved for cause. Any 44 vacancies on the council shall be filled within a reasonable time period 45 by the official who appointed the council member whose absence has 46 caused the vacancy. 47 c. The land use advisory council shall have the power and duties to 48 review funding requests made by localities pursuant to this article, 49 make determinations regarding achievement of growth targets and adoption 50 of preferred actions pursuant to this article, disbursement of funds, 51 subject to appropriation, pursuant to this article, and any other duties 52 necessary to effectuate the responsibilities of the land use advisory 53 council pursuant to this article. The powers of the land use advisory 54 council shall include, but not be limited to, the powers granted to the 55 commissioner of housing by subdivision one of section fourteen of the 56 public housing law, and the statutes, rules, regulations and other docu-S. 4006--B 66 1 ments governing the administration of housing by the division of homes 2 and community renewal. 3 d. The division shall provide any administrative and staff support to 4 the land use advisory council necessary for the effective implementation 5 of the provisions of this article. 6 § 3. Section 14 of the public housing law is amended by adding a new 7 subdivision 8 to read as follows: 8 8. The division shall have the authority to promulgate regulations, 9 rules and policies related to land use by cities, towns, and villages as 10 it relates to the development of housing, including, but not limited to, 11 the administration and enforcement of article twenty of the general 12 municipal law and section twenty-a of the public housing law. Such 13 enforcement authority shall include, but not be limited to, all of the 14 powers granted by subdivision one of this section, in addition to the 15 statutes, rules, regulation and other documents regarding the authority 16 of the division, and, where applicable, the power to issue orders and 17 administer funding and grants to localities to assist with land use 18 planning. 19 § 4. Severability. In the event it is determined by a court of compe- 20 tent jurisdiction that any phrase, clause, part, subdivision, paragraph 21 or subsection, or any of the provisions of this article is unconstitu- 22 tional or otherwise invalid or inoperative, such determination shall not 23 affect the validity or effect of the remaining provisions of this arti- 24 cle. 25 § 5. This act shall take effect immediately. 26 PART G 27 Intentionally Omitted 28 PART H 29 Section 1. The public housing law is amended by adding a new section 30 20-a to read as follows: 31 § 20-a. Housing production reporting. 1. For the purposes of this 32 section, the following terms shall have the following meanings: 33 (a) "Local board" means any city, town, or village board, commission, 34 officer or other agency or office having supervision of the construction 35 of buildings or the power of enforcing municipal building laws. 36 (b) "Housing site" means the site of planned construction, conversion, 37 alteration, demolition, or consolidation of one or more residential 38 buildings. 39 (c) "Dwelling unit" means a dwelling within a residential building 40 which is either sold, rented, leased, let or hired out, to be occupied, 41 or is occupied as the residence or home of one or more individuals that 42 is independent of other dwellings within such residential building. 43 2. Each local board may submit to the division of housing and communi- 44 ty renewal annually, in the manner and format to be directed by the 45 division of housing and community renewal, the following information 46 regarding new construction, conversion, alteration, demolition, or 47 consolidation of a housing site within the jurisdiction of such local 48 board that is required to be reported to such local board: 49 (a) the address of such housing site; 50 (b) the block and/or lot number of such housing site; 51 (c) the total number of dwelling units in such housing site;S. 4006--B 67 1 (d) the building type, any relevant dates of approval, permits, and 2 completions associated with such housing site; 3 (e) any associated governmental subsidies or program funds being allo- 4 cated to such housing site that such local board is aware of; 5 (f) the specific details of such construction, conversion, alteration, 6 demolition, or consolidation of such housing site; 7 (g) any permits requested to build dwelling units, and the status of 8 such requests as of the date of the report; and 9 (h) the total number of dwelling units within the jurisdiction of the 10 local board as of the date of the report. 11 3. Beginning on the thirty-first of January next succeeding the effec- 12 tive date of this section, and annually thereafter, each local board may 13 submit to the commissioner, in a manner and format to be determined by 14 the commissioner, a digital file containing a zoning map or maps of such 15 local board's jurisdiction that contains the following information for 16 the prior year: 17 (a) The geographic extents of areas where residential housing, commer- 18 cial, industrial, or other developments are or are not permitted; 19 (b) In areas zoned for residential buildings, where residential build- 20 ings containing two, three, and four or more dwelling units are allowed 21 per lot; 22 (c) Any minimum lot size requirements for residential buildings; 23 (d) Any minimum size requirements for individual dwelling units; 24 (e) Any parking requirements for residential buildings; 25 (f) Any setback or lot coverage requirements for residential build- 26 ings; 27 (g) Designation of whether each zoning approval granted by such local 28 board was as-of-right or discretionary; 29 (h) The geographic bounds of any areas which have been amended since 30 such local board's previous submission pursuant to this subdivision; 31 (i) Any floor area ratio restrictions for residential buildings; 32 (j) In areas where residential development is not permitted, the 33 reasons such development is not permitted; and 34 (k) Any other information deemed relevant by the commissioner. 35 4. The commissioner may make the information submitted pursuant to 36 subdivisions two and three of this section publicly available on the 37 division of housing and community renewal's website, updated annually to 38 reflect the most recent submissions. 39 5. Localities shall receive funds, as appropriation permits, to be 40 used for the purpose of supporting technical and fiscal needs related to 41 the collection of information required pursuant to this section, in 42 order to facilitate information collection in the manner promulgated by 43 the commissioner. 44 § 2. This act shall take effect on the first of January next succeed- 45 ing the date upon which it shall have become a law. Effective immediate- 46 ly, the addition, amendment and/or repeal of any rule or regulation 47 necessary for the implementation of this act on its effective date are 48 authorized to be made and completed on or before such effective date. 49 PART I 50 Intentionally Omitted 51 PART JS. 4006--B 68 1 Section 1. This Part enacts into law major components of legislation 2 relating to multiple dwellings and certain exemptions therefor. Each 3 component wholly contained within a Subpart identified as Subparts A, B 4 and C. The effective date for each particular provision contained within 5 such Subpart is set forth in the last section of such Subpart. Any 6 provision in any section contained within a Subpart, including the 7 effective date of the Subpart, which makes reference to a section "of 8 this act", when used in connection with that particular component, shall 9 be deemed to mean and refer to the corresponding section of the Subpart 10 in which it is found. Section three of this Part sets forth the general 11 effective date of this Part. 12 SUBPART A 13 Section 1. Subdivision 11 of section 3 of the multiple dwelling law, 14 as amended by chapter 806 of the laws of 1972, is amended to read as 15 follows: 16 11. Notwithstanding any other provision of this section, the following 17 enumerated articles, sections and subdivisions of sections of this chap- 18 ter shall not apply to the construction or alteration of multiple dwell- 19 ings for which an application for a permit is made to the department 20 after December sixth, nineteen hundred sixty-nine in a city having a 21 population of one million or more [which adopts or has adopted local22laws, ordinances, resolutions or regulations providing protection from23fire hazards and making provision for escape from fire in the24construction and alteration of multiple dwellings and in other respects25as protective as local law seventy-six of the laws of the city of New26York for nineteen hundred sixty-eight and covering the same subject27matter as the following]: subdivisions twenty-five, twenty-seven, twen- 28 ty-eight, thirty-five-c, thirty-six and thirty-nine of section four, 29 subdivision three of section twenty-eight, sections thirty-six, thirty- 30 seven, fifty, fifty-one, fifty-two, fifty-three, fifty-five, sixty, 31 sixty-one, sixty-seven, subdivisions one, two, four and five of section 32 seventy-five, article four, article five, article five-A[,] and article 33 six [and article seven-B]; except that after December sixth, nineteen 34 hundred sixty-nine where a multiple dwelling erected prior to December 35 sixth, nineteen hundred sixty-nine is altered, or a building erected 36 prior to December sixth, nineteen hundred sixty-nine is converted to a 37 multiple dwelling pursuant to a permit applied for to the department 38 having jurisdiction, the foregoing articles, sections and subdivisions 39 of sections shall remain applicable where a local law of such city 40 authorizes such alteration or conversion to be made, at the option of 41 the owner, either in accordance with the requirements of the building 42 law and regulations in effect in such city prior to December sixth, 43 nineteen hundred sixty-eight or the requirements of the building law and 44 regulations in effect after such date, and the owner elects to comply 45 with the requirements of the building law and regulations in effect 46 prior to December sixth, nineteen hundred sixty-eight. 47 § 2. Section 275 of the multiple dwelling law, as added by chapter 734 48 of the laws of 1985, is amended to read as follows: 49 § 275. Legislative findings. It is hereby declared and found that in 50 cities with a population in excess of one million, large numbers of 51 loft, manufacturing, commercial, institutional, public and community 52 facility buildings have lost, and continue to lose, their tenants to 53 more modern premises; and that the untenanted portions of such buildings 54 constitute a potential housing stock within such cities which is capa-S. 4006--B 69 1 ble, when appropriately altered, of accommodating general residential 2 use, thereby contributing to an alleviation of the housing shortage most 3 severely affecting moderate and middle income families, and of accommo- 4 dating joint living-work quarters for artists by making readily avail- 5 able space which is physically and economically suitable for use by 6 persons regularly engaged in the arts. 7 There is a public purpose to be served by making accommodations readi- 8 ly available for joint living-work quarters for artists for the follow- 9 ing reasons: persons regularly engaged in the arts require larger 10 amounts of space for the pursuit of their artistic endeavors and for the 11 storage of the materials therefor and of the products thereof than are 12 regularly to be found in dwellings subject to this article; that the 13 financial remunerations to be obtained from pursuit of a career in the 14 arts are generally small; that as a result of such limited financial 15 remuneration persons regularly engaged in the arts generally find it 16 financially impossible to maintain quarters for the pursuit of their 17 artistic endeavors separate and apart from their places of residence; 18 that the cultural life of cities of more than one million persons within 19 this state and of the state as a whole is enhanced by the residence in 20 such cities of large numbers of persons regularly engaged in the arts; 21 that the high cost of land within such cities makes it particularly 22 difficult for persons regularly engaged in the arts to obtain the use of 23 the amounts of space required for their work as aforesaid; and that the 24 residential use of the space is secondary or accessory to the primary 25 use as a place of work. 26 It is further declared that the legislation governing the alteration 27 of such buildings to accommodate general residential use must of neces- 28 sity be more restrictive than statutes heretofore in effect, which 29 affected only joint living-work quarters for artists. 30 It is the intention of this legislation to promulgate statewide mini- 31 mum standards for all alterations of non-residential buildings to resi- 32 dential use, but the legislature is cognizant that the use of such 33 buildings for residential purposes must be consistent with local zoning 34 ordinances. The legislature further recognizes that it is the role of 35 localities to adopt regulations which will define in further detail the 36 manner in which alterations should be carried out where building types 37 and conditions are peculiar to their local environment. It is hereby 38 additionally declared and found that in cities with a population in 39 excess of one million, large numbers of commercial buildings have lost, 40 and continue to lose, their tenants to more modern premises and to the 41 changing nature of remote office work in the wake of the COVID-19 42 pandemic; and that the untenanted portions of such buildings constitute 43 a potential housing stock within such cities which is capable, when 44 appropriately altered, of accommodating general residential use, thereby 45 contributing to an alleviation of the housing shortage. 46 § 3. Section 276 of the multiple dwelling law, as amended by chapter 47 420 of the laws of 2022, is amended to read as follows: 48 § 276. [Definition of an artist] Definitions. As used in this article, 49 the following terms shall have the following meanings: 50 1. The word "artist" means a person who is regularly engaged in the 51 fine arts, such as painting and sculpture or in the performing or crea- 52 tive arts, including choreography and filmmaking, or in the composition 53 of music on a professional basis, and is so certified by the city 54 department of cultural affairs and/or state council on the arts. For 55 joint living-work quarters for artists limited to artists' occupancy by 56 local zoning resolution, any permanent occupant whose residence thereinS. 4006--B 70 1 began on or before December fifteenth, two thousand twenty-one shall be 2 deemed to meet such occupancy requirements under the same rights as an 3 artist so certified in accordance with applicable law. 4 2. The term "general residential purposes" means use of a building as 5 a class A multiple dwelling, except that such term shall not include a 6 rooming unit as defined in section 27-2004 of the administrative code of 7 the city of New York other than a rooming unit in a class A or class B 8 multiple dwelling that is authorized pursuant to section 27-2077 of such 9 administrative code. 10 § 4. The multiple dwelling law is amended by adding a new section 279 11 to read as follows: 12 § 279. Occupancy of commercial buildings. 1. Any building in a city 13 with a population of one million or more persons which was occupied for 14 loft, commercial, institutional, public, community facility or manufac- 15 turing purposes at any time prior to December thirty-first, nineteen 16 hundred ninety, may be occupied, in whole or in part, for general resi- 17 dential purposes if such occupancy is in compliance with this article, 18 notwithstanding any other article of this chapter, or any provision of 19 law covering the same subject matter, except as otherwise required by 20 the zoning resolution of such city. 21 2. Occupancy pursuant to this section shall be permitted only if the 22 conditions in subdivisions one through sixteen of section two hundred 23 seventy-seven of this article are complied with, except that the conver- 24 sion shall not be required to include joint living-work quarters for 25 artists, and provided further that conversions undertaken pursuant to 26 this section shall not be subject to subdivision three of section twen- 27 ty-six of this chapter. 28 3. Notwithstanding any state or local law, rule, or regulation, 29 including any other provision of this section or article to the contra- 30 ry, the provisions of this section shall apply to any building located 31 in a district that otherwise would have been subject to the provisions 32 of section 15-01 of the zoning resolution of a city with a population of 33 one million or more persons. 34 § 5. An application for conversion of a building pursuant to the 35 provisions of this act, which application for a permit containing 36 complete plans and specifications is filed prior to December 31, 2030, 37 shall be permitted to proceed as if subdivision 3 of section 279 of the 38 multiple dwelling law, as added by section four of this act, remained in 39 effect, so long as construction of such project begins within the earli- 40 er to occur of three years from December 31, 2030 or such time which the 41 permit otherwise expires. 42 § 6. This act shall take effect immediately; provided, however, that 43 subdivision 3 of section 279 of the multiple dwelling law as added by 44 section four of this act shall expire and be deemed repealed on December 45 31, 2030; provided further, however, that the repeal of subdivision 3 of 46 section 279 of the multiple dwelling law as added by section four of 47 this act shall not affect the use of any building for general residen- 48 tial purposes, as such term is defined in article 7-B of the multiple 49 dwelling law, permitted prior to such repeal. 50 SUBPART B 51 Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the 52 labor law, as added by section 1 of part FFF of chapter 58 of the laws 53 of 2020, are amended and a new paragraph e is added to read as follows:S. 4006--B 71 1 c. Money loaned by the public entity that is to be repaid on a contin- 2 gent basis; [or] 3 d. Credits that are applied by the public entity against repayment of 4 obligations to the public entity[.]; or 5 e. Benefits under section four hundred sixty-seven-m of the real prop- 6 erty tax law. 7 § 2. The real property tax law is amended by adding a new section 8 467-m to read as follows: 9 § 467-m. Exemption from local real property taxation of certain multi- 10 ple dwellings in a city having a population of one million or more. 1. 11 Definitions. For purposes of this section, the following terms shall 12 have the following meanings: 13 a. "Affordable housing from commercial conversions tax incentive bene- 14 fits" hereinafter referred to as "AHCC program benefits", shall mean the 15 exemption from real property taxation authorized pursuant to this 16 section. 17 b. "Affordability requirement" shall mean that within any eligible 18 multiple dwelling: (i) not less than twenty percent of the dwelling 19 units are affordable housing units; (ii) not less than five percent of 20 the dwelling units are affordable housing forty percent units; (iii) the 21 weighted average of all income bands for all of the affordable housing 22 units does not exceed seventy percent of the area median income, 23 adjusted for family size; (iv) there are no more than three income bands 24 for all of the affordable housing units; and (v) no income band for 25 affordable housing units exceeds one hundred percent of the area median 26 income, adjusted for family size. 27 c. "Affordable housing forty percent unit" shall mean a dwelling unit 28 that: (i) is situated within the eligible multiple dwelling for which 29 AHCC program benefits are granted; and (ii) upon initial rental and upon 30 each subsequent rental following a vacancy during the restriction peri- 31 od, is affordable to and restricted to occupancy by individuals or fami- 32 lies whose household income does not exceed forty percent of the area 33 median income, adjusted for family size, at the time that such household 34 initially occupies such dwelling unit. 35 d. "Affordable housing unit" shall mean, collectively and individual- 36 ly: (i) an affordable housing forty percent unit; and (ii) any other 37 unit that meets the affordability requirement upon initial occupancy and 38 upon each subsequent rental following a vacancy during the restriction 39 period, and is affordable to and restricted to occupancy by individuals 40 or families whose household income does not exceed the income bands 41 established in conjunction with such affordability requirement. 42 e. "Agency" shall mean the New York city department of housing preser- 43 vation and development. 44 f. "Application" shall mean an application for AHCC program benefits. 45 g. "Building service employee" shall mean any person who is regularly 46 employed at, and performs work in connection with the care or mainte- 47 nance of, an eligible multiple dwelling, including, but not limited to, 48 a watchman, guard, doorman, building cleaner, porter, handyman, janitor, 49 gardener, groundskeeper, elevator operator and starter, and window 50 cleaner, but not including persons regularly scheduled to work fewer 51 than eight hours per week at such eligible multiple dwelling. 52 g-1. "Building service work" shall have the same meaning as set forth 53 in article nine of the labor law. 54 h. "Commencement date" shall mean the date upon which the actual 55 construction of the eligible conversion lawfully begins in good faith.S. 4006--B 72 1 i. "Completion date" shall mean the date upon which the local depart- 2 ment of buildings issues the first temporary or permanent certificate of 3 occupancy covering all residential areas of an eligible multiple dwell- 4 ing. 5 j. "Construction period" shall mean, with respect to any eligible 6 multiple dwelling, a period: (i) beginning on the later of the commence- 7 ment date or three years before the completion date; and (ii) ending on 8 the day preceding the completion date. 9 k. "Dwelling" or "dwellings" shall have the same meaning as set forth 10 in subdivision four of section four of the multiple dwelling law. 11 l. "Eligible conversion" shall mean the conversion of a non-residen- 12 tial building to an eligible multiple dwelling. 13 m. "Eligible multiple dwelling" shall mean a multiple dwelling in 14 which: (i) all dwelling units included in any application are operated 15 as rental housing; (ii) six or more dwelling units have been created 16 through an eligible conversion; (iii) the commencement date is after 17 December thirty-first, two thousand twenty-two and on or before December 18 thirty-first, two thousand thirty-two; and (iv) the completion date is 19 on or before December thirty-first, two thousand thirty-eight. 20 n. "Fiscal officer" shall mean the comptroller or other analogous 21 officer in a city having a population of one million or more. 22 o. "Floor area" shall mean the horizontal areas of the several floors, 23 or any portion thereof, of a dwelling or dwellings, and accessory struc- 24 tures on a lot measured from the exterior faces of exterior walls, or 25 from the center line of party walls. 26 p. "Income band" shall mean a percentage of the area median income, 27 adjusted for family size, that is a multiple of ten percent. 28 q. "Manhattan prime development area" shall mean any tax lot now 29 existing or hereafter created which is located entirely south of 96th 30 street in the borough of Manhattan. 31 r. "Market unit" shall mean a dwelling unit in an eligible multiple 32 dwelling other than an affordable housing unit. 33 s. "Marketing band" shall mean maximum rent amounts ranging from twen- 34 ty percent to thirty percent of the area median income or income band, 35 respectively, that is applicable to a specific affordable housing unit. 36 t. "Multiple dwelling" shall have the same meaning as set forth in 37 subdivision seven of section four of the multiple dwelling law. 38 u. "Nineteen-year benefit" shall mean: (i) for the construction peri- 39 od, a one hundred percent exemption from real property taxation, other 40 than assessments for local improvements; (ii) for the first fifteen 41 years of the restriction period, (A) within the Manhattan prime develop- 42 ment area, a fifty percent exemption from real property taxation, other 43 than assessments for local improvements, and (B) outside of the Manhat- 44 tan prime development area, a thirty-five percent exemption from real 45 property taxation, other than assessments for local improvements; (iii) 46 for the sixteenth year of the restriction period, (A) within the Manhat- 47 tan prime development area, a forty percent exemption from real property 48 taxation, other than assessments for local improvements, and (B) outside 49 of the Manhattan prime development area, a twenty-eight percent 50 exemption from real property taxation, other than assessments for local 51 improvements; (iv) for the seventeenth year of the restriction period, 52 (A) within the Manhattan prime development area, a thirty percent 53 exemption from real property taxation, other than assessments for local 54 improvements, and (B) outside of the Manhattan prime development area, a 55 twenty-one percent exemption from real property taxation, other than 56 assessments for local improvements; (v) for the eighteenth year of theS. 4006--B 73 1 restriction period, (A) within the Manhattan prime development area, a 2 twenty percent exemption from real property taxation, other than assess- 3 ments for local improvements, and (B) outside of the Manhattan prime 4 development area, a fourteen percent exemption from real property taxa- 5 tion, other than assessments for local improvements; and (vi) for the 6 nineteenth year of the restriction period, (A) within the Manhattan 7 prime development area, a ten percent exemption from real property taxa- 8 tion, other than assessments for local improvements, and (B) outside of 9 the Manhattan prime development area, a seven percent exemption from 10 real property taxation, other than assessments for local improvements. 11 v. "Non-residential building" shall mean a structure or portion of a 12 structure having at least one floor, a roof and at least three walls 13 enclosing all or most of the space used in connection with the structure 14 or portion of the structure, which has a certificate of occupancy for 15 commercial, manufacturing or other non-residential use for not less than 16 ninety percent of the aggregate floor area of such structure or portion 17 of such structure, or other proof of such non-residential use as is 18 acceptable to the agency. 19 w. "Non-residential tax lot" shall mean a tax lot that does not 20 contain any dwelling units. 21 x. "Rent stabilization" shall mean, collectively, the rent stabiliza- 22 tion law of nineteen hundred sixty-nine, the rent stabilization code, 23 and the emergency tenant protection act of nineteen seventy-four, all as 24 in effect as of the effective date of this section or as amended there- 25 after, together with any successor statutes or regulations addressing 26 substantially the same subject matter. 27 y. "Residential tax lot" shall mean a tax lot that contains dwelling 28 units. 29 z. "Restriction period" shall mean a period commencing on the 30 completion date and extending in perpetuity, notwithstanding any earlier 31 termination or revocation of AHCC program benefits. 32 2. Benefit. In cities having a population of one million or more, 33 notwithstanding the provisions of any other general, special or local 34 law to the contrary, a new eligible multiple dwelling, except a hotel, 35 that complies with the provisions of this section shall be exempt from 36 real property taxation, other than assessments for local improvements, 37 in the amounts and for the periods specified in this section, provided 38 that such eligible multiple dwelling is used or held out for use for 39 dwelling purposes. An eligible multiple dwelling that meets all of the 40 requirements of this section shall receive a nineteen-year benefit. 41 3. Tax payments. In addition to any other amounts payable pursuant to 42 this section, the owner of any eligible multiple dwelling receiving AHCC 43 program benefits shall pay, in each tax year in which such AHCC program 44 benefits are in effect, all assessments for local improvements. 45 4. Limitation on benefits for non-residential space. If the aggregate 46 floor area of commercial, community facility and accessory use space in 47 an eligible multiple dwelling exceeds twelve percent of the aggregate 48 floor area in such eligible multiple dwelling, any AHCC program benefits 49 shall be reduced by a percentage equal to such excess. If an eligible 50 multiple dwelling contains multiple tax lots, the tax arising out of 51 such reduction in AHCC program benefits shall first be apportioned pro 52 rata among any non-residential tax lots. After any such non-residential 53 tax lots are fully taxable, the remainder of the tax arising out of such 54 reduction in AHCC program benefits, if any, shall be apportioned pro 55 rata among the remaining residential tax lots. For the purposes of this 56 section, accessory use space shall not include home occupation space orS. 4006--B 74 1 accessory parking space located not more than twenty-three feet above 2 the curb level. 3 5. Application of benefit. Based on the certification of the agency 4 certifying eligibility for AHCC program benefits, the department of 5 finance shall determine the amount of the exemption pursuant to subdivi- 6 sions two and four of this section and shall apply the exemption to the 7 assessed value of the eligible multiple dwelling. 8 6. Affordability requirements. An eligible multiple dwelling shall 9 comply with the following affordability requirements during the 10 restriction period: 11 a. All affordable housing units in an eligible multiple dwelling shall 12 share the same common entrances and common areas as rental market rate 13 units in such eligible multiple dwelling and shall not be isolated to a 14 specific floor or area of an eligible multiple dwelling. Common 15 entrances shall mean any means of ingress or egress regularly used by 16 any resident of a rental dwelling unit in the eligible multiple dwell- 17 ing. 18 b. Unless preempted by the requirements of a federal, state or local 19 housing program, either: (i) the affordable housing units in an eligible 20 multiple dwelling shall have a unit mix proportional to the rental 21 market units; or (ii) at least fifty percent of the affordable housing 22 units in an eligible multiple dwelling shall have two or more bedrooms 23 and no more than twenty-five percent of the affordable housing units 24 shall have less than one bedroom. 25 c. Notwithstanding any provision of rent stabilization to the contra- 26 ry: (i) all affordable housing units shall remain fully subject to rent 27 stabilization during the restriction period; and (ii) any affordable 28 housing unit occupied by a tenant that has been approved by the agency 29 prior to the agency's denial of an eligible multiple dwelling's applica- 30 tion for AHCC program benefits shall remain subject to rent stabiliza- 31 tion until such tenant vacates such affordable housing unit. 32 d. All rent stabilization registrations required to be filed shall 33 contain a designation that specifically identifies affordable housing 34 units created pursuant to this section as "AHCC program affordable hous- 35 ing units" and shall contain an explanation of the requirements that 36 apply to all such affordable housing units. 37 e. Failure to comply with the provisions of this subdivision that 38 require the creation, maintenance, rent stabilization compliance, and 39 occupancy of affordable housing units shall result in revocation of AHCC 40 program benefits. 41 f. Nothing in this section shall: (i) prohibit the occupancy of an 42 affordable housing unit by individuals or families whose income at any 43 time is less than the maximum percentage of the area median income or 44 income band, as applicable, adjusted for family size, specified for such 45 affordable housing unit pursuant to this section; or (ii) prohibit the 46 owner of an eligible multiple dwelling from requiring, upon initial 47 rental or upon any rental following a vacancy, the occupancy of any 48 affordable housing unit by such lower income individuals or families. 49 g. Following issuance of a temporary certificate of occupancy and upon 50 each vacancy thereafter, an affordable housing unit shall promptly be 51 offered for rental by individuals or families whose income does not 52 exceed the maximum percentage of the area median income or income band, 53 as applicable, adjusted for family size, specified for such affordable 54 housing unit pursuant to this section and who intend to occupy such 55 affordable housing unit as their primary residence. An affordable hous- 56 ing unit shall not be: (i) rented to a corporation, partnership or otherS. 4006--B 75 1 entity; or (ii) held off the market for a period longer than is reason- 2 ably necessary to perform repairs needed to make such affordable housing 3 unit available for occupancy. 4 h. An affordable housing unit shall not be rented on a temporary, 5 transient or short-term basis. Every lease and renewal thereof for an 6 affordable housing unit shall be for a term of one or two years, at the 7 option of the tenant. 8 i. An affordable housing unit shall not be converted to cooperative or 9 condominium ownership. 10 j. The agency may establish by rule such requirements as the agency 11 deems necessary or appropriate for: (i) the marketing of affordable 12 housing units, both upon initial occupancy and upon any vacancy; (ii) 13 monitoring compliance with the provisions of this subdivision; and (iii) 14 the establishment of marketing bands for affordable housing units. Such 15 requirements may include, but need not be limited to, retaining a moni- 16 tor approved by the agency and paid for by the owner of the eligible 17 multiple dwelling. 18 k. Notwithstanding any provision of this section to the contrary, a 19 market unit shall not be subject to rent stabilization unless, in the 20 absence of AHCC program benefits, the unit would be subject to rent 21 stabilization. 22 7. Public funds. Notwithstanding any law to the contrary, the incen- 23 tives provided for in paragraph a of subdivision three of section two 24 hundred twenty-four-a of the labor law shall be deemed "public funds" 25 pursuant to subdivision two of section two hundred twenty-four-a of the 26 labor law. As such, any project that meets the definition of a "covered 27 project" pursuant to subdivisions one and four of section two hundred 28 twenty-four-a of the labor law shall comply with all requirements of 29 such law. 30 7-a. Building service work. Building service work shall be subject to 31 prevailing wage under article eight of the labor law where the project 32 meets the definition of a "covered project" as defined in section two 33 hundred twenty-four-a of the labor law. Any project that meets the defi- 34 nition of a "covered project" pursuant to subdivisions one and four of 35 section two hundred twenty-four-a of the labor law shall comply with all 36 requirements of such law. 37 8. Building service employees. a. For the purposes of this subdivi- 38 sion, "applicant" shall mean an applicant for AHCC program benefits, any 39 successor to such applicant, or any employer of building service employ- 40 ees for such applicant including, but not limited to, a property manage- 41 ment company or contractor. 42 b. All building service employees employed by the applicant at the 43 eligible multiple dwelling shall receive the applicable prevailing wage 44 for the duration of the nineteen-year benefit period, regardless of 45 whether such benefits are revoked or terminated. 46 c. The fiscal officer shall have the power to enforce the provisions 47 of this subdivision. In enforcing such provisions, the fiscal officer 48 shall have the power: (i) to investigate or cause an investigation to be 49 made to determine the prevailing wages for building service employees, 50 and in making such investigation, the fiscal officer may utilize wage 51 and fringe benefit data from various sources, including, but not limited 52 to, data and determinations of federal, state or other governmental 53 agencies; provided, however, that the provision of a dwelling unit shall 54 not be considered wages or a fringe benefit; (ii) to institute and 55 conduct inspections at the site of the work or elsewhere; (iii) to exam- 56 ine the books, documents and records pertaining to the wages paid to,S. 4006--B 76 1 and the hours of work performed by, building service employees; (iv) to 2 hold hearings and, in connection therewith, to issue subpoenas, the 3 enforcement of which shall be regulated by the civil practice law and 4 rules, administer oaths and examine witnesses; (v) to make a classifica- 5 tion by craft, trade or other generally recognized occupational category 6 of the building service employees and to determine whether such work has 7 been performed by the building service employees in such classification; 8 (vi) to require the applicant to file with the fiscal officer a record 9 of the wages actually paid by such applicant to the building service 10 employees and of their hours of work; (vii) to delegate any of the fore- 11 going powers to his or her deputy or other authorized representative; 12 (viii) to promulgate rules as he or she shall consider necessary for the 13 proper execution of the duties, responsibilities and powers conferred 14 upon him or her by the provisions of this subdivision; and (ix) to 15 prescribe appropriate sanctions for failure to comply with the 16 provisions of this subdivision. For each violation of paragraph b of 17 this subdivision, the fiscal officer may require the payment of (A) back 18 wages and fringe benefits; (B) liquidated damages up to three times the 19 amount of the back wages and fringe benefits for willful violations; 20 and/or (C) reasonable attorneys' fees. If the fiscal officer finds that 21 the applicant has failed to comply with the provisions of this subdivi- 22 sion, he or she shall present evidence of such non-compliance to the 23 agency. 24 d. Paragraph b of this subdivision shall not be applicable to: (i) an 25 eligible multiple dwelling containing less than thirty dwelling units; 26 or (ii) an eligible multiple dwelling whose eligible conversion is 27 carried out with the substantial assistance of grants, loans or subsi- 28 dies provided by a federal, state or local governmental agency or 29 instrumentality pursuant to a program for the development of affordable 30 housing. 31 e. The applicant shall submit a sworn affidavit with its application 32 certifying that it shall comply with the requirements of this subdivi- 33 sion or is exempt in accordance with paragraph d of this subdivision. 34 Upon the agency's approval of such application, the applicant who is not 35 exempt in accordance with paragraph d of this subdivision shall submit 36 annually a sworn affidavit to the fiscal officer certifying that it 37 shall comply with the requirements of this subdivision. 38 9. Concurrent exemptions or abatements. An eligible multiple dwelling 39 receiving AHCC program benefits shall not receive any exemption from or 40 abatement of real property taxation under any other law. 41 10. Voluntary renunciation or termination. Notwithstanding the 42 provisions of any general, special or local law to the contrary, an 43 owner shall not be entitled to voluntarily renounce or terminate AHCC 44 program benefits unless the agency authorizes such renunciation or 45 termination in connection with the commencement of a tax exemption 46 pursuant to the private housing finance law or section four hundred 47 twenty-c of this title. 48 11. Termination or revocation. The agency may terminate or revoke AHCC 49 program benefits for noncompliance with this section. If an applicant 50 has committed three violations of the requirements of subdivision eight 51 of this section within a five-year period, the agency may revoke any 52 benefits under this section. For purposes of this subdivision, a 53 "violation" of subdivision eight of this section shall be deemed a find- 54 ing by the fiscal officer that the applicant has failed to comply with 55 subdivision eight of this section and has failed to cure the deficiency 56 within three months of such finding. Provided, however, that after aS. 4006--B 77 1 second such violation, the applicant shall be notified that any further 2 violation may result in the revocation of benefits under this section 3 and that the fiscal officer shall publish on its website a list of all 4 applicants with two violations as defined in this subdivision. All of 5 the affordable housing units shall remain subject to rent stabilization 6 and all other requirements of this section for the duration of the 7 restriction period, regardless of whether such benefits have been termi- 8 nated or revoked. 9 12. Powers cumulative. The enforcement provisions of this section 10 shall not be exclusive, and are in addition to any other rights, reme- 11 dies or enforcement powers set forth in any other law or available at 12 law or in equity. 13 13. Multiple tax lots. If an eligible multiple dwelling contains 14 multiple tax lots, an application may be submitted with respect to one 15 or more of such tax lots. The agency shall determine eligibility for 16 AHCC program benefits based upon the tax lots included in such applica- 17 tion and benefits for each such eligible multiple dwelling shall be 18 based upon the completion date of each such multiple dwelling. 19 14. Applications. a. The application with respect to any eligible 20 multiple dwelling shall be filed with the agency no earlier than the 21 completion date and not later than one year after the completion date of 22 such eligible multiple dwelling. 23 b. Notwithstanding the provisions of any general, special, or local 24 law to the contrary, the agency may require by rule that applications be 25 filed electronically. 26 c. The agency may rely on certification by an architect or engineer 27 submitted by an applicant in connection with the filing of an applica- 28 tion. A false certification by such architect or engineer shall be 29 deemed to be professional misconduct pursuant to section sixty-five 30 hundred nine of the education law. Any architect or engineer found guil- 31 ty of such misconduct under the procedures prescribed in section sixty- 32 five hundred ten of the education law shall be subject to the penalties 33 prescribed in section sixty-five hundred eleven of the education law and 34 shall thereafter be ineligible to submit a certification pursuant to 35 this section. 36 d. Such application shall also certify that all taxes, water charges, 37 and sewer rents currently due and owing on the property which is the 38 subject of the application have been paid or are currently being paid in 39 timely installments pursuant to a written agreement with the department 40 of finance or other appropriate agency. 41 15. Filing fee. The agency may require a filing fee of no less than 42 three thousand dollars per dwelling unit in connection with any applica- 43 tion, except that the agency may promulgate rules: 44 a. imposing a lesser fee for an eligible multiple dwelling whose 45 eligible conversion is carried out with the substantial assistance of 46 grants, loans or subsidies provided by a federal, state or local govern- 47 mental agency or instrumentality pursuant to a program for the develop- 48 ment of affordable housing; and 49 b. requiring a portion of the filing fee to be paid upon the 50 submission of the information the agency requires in advance of approv- 51 ing the commencement of the marketing process for such eligible conver- 52 sion. 53 16. Rules. Except as provided in subdivision eight of this section, 54 the agency shall have the sole authority to enforce the provisions of 55 this section and may promulgate rules to carry out the provisions of 56 this section.S. 4006--B 78 1 17. Penalties for violations of affordability requirements. a. On or 2 after the expiration date of the nineteen-year benefit, the agency may 3 impose, after notice and an opportunity to be heard, a penalty for any 4 violation by an eligible multiple dwelling of the affordability require- 5 ments of subdivision six of this section. 6 b. A penalty imposed under this subdivision shall be computed as a 7 percentage of the capitalized value of all AHCC program benefits on the 8 eligible multiple dwelling, calculated as of the first year that bene- 9 fits were granted, not to exceed one thousand percent. The agency shall 10 establish a schedule and method of calculation of such penalties pursu- 11 ant to subdivision sixteen of this section. 12 c. A penalty imposed under this subdivision shall be imposed against 13 the owner of the eligible multiple dwelling at the time the violation 14 occurred, even if such owner no longer owns such eligible multiple 15 dwelling at the time of the agency's determination. 16 d. A person or entity who fails to pay a penalty imposed pursuant to 17 this subdivision shall be guilty of a misdemeanor punishable by impri- 18 sonment not to exceed six months. 19 § 3. This act shall take effect immediately. 20 SUBPART C 21 Section 1. Paragraphs d and e of subdivision 2 of section 224-a of the 22 labor law, paragraph d as amended and paragraph e as added by section 1 23 of subpart B of this act, are amended and a new paragraph f is added to 24 read as follows: 25 d. Credits that are applied by the public entity against repayment of 26 obligations to the public entity; [or] 27 e. Benefits under section four hundred sixty-seven-m of the real prop- 28 erty tax law[.]; or 29 f. Benefits under section four hundred twenty-one-p of the real prop- 30 erty tax law. 31 § 2. The real property tax law is amended by adding a new section 32 421-p to read as follows: 33 § 421-p. Exemption of eligible conversions to rental multiple dwell- 34 ings. 1. (a) A city, town or village may, by local law, provide for the 35 exemption of rental multiple dwellings converted from existing non-resi- 36 dential buildings in a benefit area designated in such local law from 37 taxation and special ad valorem levies, as provided in this section. 38 Subsequent to the adoption of such a local law, any other municipal 39 corporation in which the designated benefit area is located may likewise 40 exempt such property from its taxation and special ad valorem levies by 41 local law, or in the case of a school district, by resolution. 42 (b) As used in this section, the term "benefit area" means the area 43 within a city, town or village, designated by local law, to which an 44 exemption, established pursuant to this section, applies. 45 (c) The term "rental multiple dwelling" means a structure, other than 46 a hotel, consisting of twenty or more dwelling units, where all of the 47 units are rented for residential purposes, and at least twenty percent 48 of such units, upon initial rental and upon each subsequent rental 49 following a vacancy during the benefit period is affordable to and 50 restricted to occupancy by individuals or families whose household 51 income does not exceed eighty percent of the area median income, 52 adjusted for family size, on average, at the time that such households 53 initially occupy such dwelling units, provided further that all of the 54 income restricted units upon initial rental and upon each subsequentS. 4006--B 79 1 rental following a vacancy during the benefit period shall be affordable 2 to and restricted to occupancy by individuals or families whose house- 3 hold income does not exceed one hundred percent of the area median 4 income, adjusted for family size, at the time that such households 5 initially occupy such dwelling units. Such benefit period shall be in 6 effect coterminous with the benefit period, provided, however, that the 7 tenant or tenants in an income restricted dwelling unit at the time such 8 benefit period ends shall have the right to lease renewals at the income 9 restricted level until such time as such tenant or tenants permanently 10 vacate the dwelling unit. 11 (d) The term "non-residential building" means a structure or portion 12 of a structure having at least one floor, a roof and at least three 13 walls enclosing all or most of the space used in connection with the 14 structure or portion of the structure, which has a certificate of occu- 15 pancy for commercial, manufacturing or other non-residential use for not 16 less than ninety percent of the aggregate floor area of such structure 17 or portion of such structure, or other proof of such non-residential use 18 as is acceptable to the city, town, or village. 19 (e) The term "eligible conversion" shall mean the conversion of a 20 non-residential building to an eligible multiple dwelling. 21 2. Eligible conversions rental multiple dwellings in a designated 22 benefit area shall be wholly exempt from taxation while under 23 construction, subject to a maximum of three years. Such property shall 24 then be exempt for thirty years at fifty percent. Provided, however: 25 (a) Taxes shall be paid during the exemption period in an amount at 26 least equal to the taxes paid on such land and any improvements thereon 27 during the tax year preceding the commencement of such exemption. 28 (b) No other exemption may be granted concurrently to the same 29 improvements under any other section of law. 30 3. Affordability requirements. An eligible conversion to a rental 31 multiple dwelling shall comply with the following affordability require- 32 ments during the benefit period: 33 (a) All income-restricted dwelling units in a rental multiple dwelling 34 shall share the same common entrances and common areas as non-restricted 35 units in such eligible conversion and shall not be isolated to a specif- 36 ic floor or area of an eligible rental multiple dwelling. Common 37 entrances shall mean any means of ingress or egress regularly used by 38 any resident of a rental dwelling unit in the eligible rental multiple 39 dwelling. 40 (b) Unless preempted by the requirements of a federal, state or local 41 housing program, either: (i) the income-restricted units in an eligible 42 conversion shall have a unit mix proportional to the non-restricted 43 units; or (ii) at least fifty percent of the income-restricted units in 44 an eligible rental multiple dwelling shall have two or more bedrooms and 45 no more than twenty-five percent of the affordable housing units shall 46 have less than one bedroom. 47 4. A rental multiple dwelling unit shall not be rented on a temporary, 48 transient or short-term basis. Every lease and renewal thereof for an 49 affordable housing unit shall be for a term of one or two years, at the 50 option of the tenant. 51 5. A rental multiple dwelling unit shall not be converted to cooper- 52 ative or condominium ownership. 53 6. Application for exemption under this section shall be made on a 54 form prescribed by the commissioner of the division of homes and commu- 55 nity renewal and filed with the assessor on or before the applicable 56 taxable status date.S. 4006--B 80 1 7. The exemption authorized by this section shall not be available in 2 a city with a population of one million or more. 3 8. Any recipient of the exemption authorized by this section or their 4 designee shall certify compliance with the provisions of this section 5 under penalty of perjury, at such time or times and in such manner as 6 may be prescribed in the local law adopted by the city, town or village 7 pursuant to paragraph (a) of subdivision one of this section, or by a 8 subsequent local law. Such city, town or village may establish such 9 procedures as it deems necessary for monitoring and enforcing compliance 10 of an eligible building with the provisions of this section. 11 § 3. This act shall take effect immediately. 12 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 13 sion, section or part of this act shall be adjudged by any court of 14 competent jurisdiction to be invalid, such judgment shall not affect, 15 impair, or invalidate the remainder thereof, but shall be confined in 16 its operation to the clause, sentence, paragraph, subdivision, section 17 or part thereof directly involved in the controversy in which such judg- 18 ment shall have been rendered. It is hereby declared to be the intent of 19 the legislature that this act would have been enacted even if such 20 invalid provisions had not been included herein. 21 § 3. This act shall take effect immediately; provided, however, that 22 the applicable effective date of Subparts A through C of this act shall 23 be as specifically set forth in the last section of such Subparts. 24 PART K 25 Intentionally Omitted 26 PART L 27 Intentionally Omitted 28 PART M 29 Intentionally Omitted 30 PART N 31 Intentionally Omitted 32 PART O 33 Intentionally Omitted 34 PART P 35 Intentionally Omitted 36 PART QS. 4006--B 81 1 Section 1. Notwithstanding any other provision of law, the housing 2 trust fund corporation may provide, for purposes of the neighborhood 3 preservation program, a sum not to exceed $17,780,000 for the fiscal 4 year ending March 31, 2024. Within this total amount, $125,000 shall be 5 used for the purpose of entering into a contract with the neighborhood 6 preservation coalition to provide technical assistance and services to 7 companies funded pursuant to article 16 of the private housing finance 8 law. Notwithstanding any other provision of law, and subject to the 9 approval of the New York state director of the budget, the board of 10 directors of the state of New York mortgage agency shall authorize the 11 transfer to the housing trust fund corporation, for the purposes of 12 reimbursing any costs associated with neighborhood preservation program 13 contracts authorized by this section, a total sum not to exceed 14 $17,780,000, such transfer to be made from (i) the special account of 15 the mortgage insurance fund created pursuant to section 2429-b of the 16 public authorities law, in an amount not to exceed the actual excess 17 balance in the special account of the mortgage insurance fund, as deter- 18 mined and certified by the state of New York mortgage agency for the 19 fiscal year 2022-2023 in accordance with section 2429-b of the public 20 authorities law, if any, and/or (ii) provided that the reserves in the 21 project pool insurance account of the mortgage insurance fund created 22 pursuant to section 2429-b of the public authorities law are sufficient 23 to attain and maintain the credit rating (as determined by the state of 24 New York mortgage agency) required to accomplish the purposes of such 25 account, the project pool insurance account of the mortgage insurance 26 fund, such transfer to be made as soon as practicable but no later than 27 June 30, 2023. 28 § 2. Notwithstanding any other provision of law, the housing trust 29 fund corporation may provide, for purposes of the rural preservation 30 program, a sum not to exceed $7,750,000 for the fiscal year ending March 31 31, 2024. ;Within this total amount, $125,000 shall be used for the 32 purpose of entering into a contract with the rural housing coalition to 33 provide technical assistance and services to companies funded pursuant 34 to article 17 of the private housing finance law. Notwithstanding any 35 other provision of law, and subject to the approval of the New York 36 state director of the budget, the board of directors of the state of New 37 York mortgage agency shall authorize the transfer to the housing trust 38 fund corporation, for the purposes of reimbursing any costs associated 39 with rural preservation program contracts authorized by this section, a 40 total sum not to exceed $7,750,000, such transfer to be made from (i) 41 the special account of the mortgage insurance fund created pursuant to 42 section 2429-b of the public authorities law, in an amount not to exceed 43 the actual excess balance in the special account of the mortgage insur- 44 ance fund, as determined and certified by the state of New York mortgage 45 agency for the fiscal year 2022-2023 in accordance with section 2429-b 46 of the public authorities law, if any, and/or (ii) provided that the 47 reserves in the project pool insurance account of the mortgage insurance 48 fund created pursuant to section 2429-b of the public authorities law 49 are sufficient to attain and maintain the credit rating (as determined 50 by the state of New York mortgage agency) required to accomplish the 51 purposes of such account, the project pool insurance account of the 52 mortgage insurance fund, such transfer to be made as soon as practicable 53 but no later than June 30, 2023. 54 § 3. Notwithstanding any other provision of law, the housing trust 55 fund corporation may provide, for purposes of the rural rental assist- 56 ance program pursuant to article 17-A of the private housing financeS. 4006--B 82 1 law, a sum not to exceed $21,710,000 for the fiscal year ending March 2 31, 2024. Notwithstanding any other provision of law, and subject to 3 the approval of the New York state director of the budget, the board of 4 directors of the state of New York mortgage agency shall authorize the 5 transfer to the housing trust fund corporation, for the purposes of 6 reimbursing any costs associated with rural rental assistance program 7 contracts authorized by this section, a total sum not to exceed 8 $21,710,000, such transfer to be made from (i) the special account of 9 the mortgage insurance fund created pursuant to section 2429-b of the 10 public authorities law, in an amount not to exceed the actual excess 11 balance in the special account of the mortgage insurance fund, as deter- 12 mined and certified by the state of New York mortgage agency for the 13 fiscal year 2022-2023 in accordance with section 2429-b of the public 14 authorities law, if any, and/or (ii) provided that the reserves in the 15 project pool insurance account of the mortgage insurance fund created 16 pursuant to section 2429-b of the public authorities law are sufficient 17 to attain and maintain the credit rating, as determined by the state of 18 New York mortgage agency, required to accomplish the purposes of such 19 account, the project pool insurance account of the mortgage insurance 20 fund, such transfer shall be made as soon as practicable but no later 21 than June 30, 2023. 22 § 4. Notwithstanding any other provision of law, the homeless housing 23 and assistance corporation may provide, for purposes of the New York 24 state supportive housing program, the solutions to end homelessness 25 program or the operational support for AIDS housing program, or to qual- 26 ified grantees under such programs, in accordance with the requirements 27 of such programs, a sum not to exceed $50,781,000 for the fiscal year 28 ending March 31, 2024. The homeless housing and assistance corporation 29 may enter into an agreement with the office of temporary and disability 30 assistance to administer such sum in accordance with the requirements of 31 such programs. Notwithstanding any other provision of law, and subject 32 to the approval of the New York state director of the budget, the board 33 of directors of the state of New York mortgage agency shall authorize 34 the transfer to the homeless housing and assistance corporation, a total 35 sum not to exceed $50,781,000, such transfer to be made from (i) the 36 special account of the mortgage insurance fund created pursuant to 37 section 2429-b of the public authorities law, in an amount not to exceed 38 the actual excess balance in the special account of the mortgage insur- 39 ance fund, as determined and certified by the state of New York mortgage 40 agency for the fiscal year 2022-2023 in accordance with section 2429-b 41 of the public authorities law, if any, and/or (ii) provided that the 42 reserves in the project pool insurance account of the mortgage insurance 43 fund created pursuant to section 2429-b of the public authorities law 44 are sufficient to attain and maintain the credit rating as determined by 45 the state of New York mortgage agency, required to accomplish the 46 purposes of such account, the project pool insurance account of the 47 mortgage insurance fund, such transfer shall be made as soon as practi- 48 cable but no later than March 31, 2024. 49 § 5. This act shall take effect immediately. 50 PART R 51 Intentionally Omitted 52 PART SS. 4006--B 83 1 Intentionally Omitted 2 PART T 3 Intentionally Omitted 4 PART U 5 Section 1. Subdivision 2 of section 410-u of the social services law, 6 as amended by section 1 of part L of chapter 56 of the laws of 2022, is 7 amended to read as follows: 8 2. The state block grant for child care shall be divided into two 9 parts pursuant to a plan developed by the department and approved by the 10 director of the budget. One part shall be retained by the state to 11 provide child care on a statewide basis to special groups and for activ- 12 ities to increase the availability and/or quality of child care 13 programs, including, but not limited to, the start-up of child care 14 programs, the operation of child care resource and referral programs, 15 training activities, the regulation and monitoring of child care 16 programs, the development of computerized data systems, and consumer 17 education, provided however, that child care resource and referral 18 programs funded under title five-B of article six of this chapter shall 19 meet additional performance standards developed by the department of 20 social services including but not limited to: increasing the number of 21 child care placements for persons who are at or below [two hundred22percent of the state income standard, or three hundred percent of the23state income standard effective August first, two thousand twenty-two,24provided such persons are at or below eighty-five] one hundred three 25 percent of the state median income, effective October first, two thou- 26 sand twenty-three or one hundred twenty-nine percent of the state median 27 income, effective October first, two thousand twenty-four, with emphasis 28 on placements supporting local efforts in meeting federal and state work 29 participation requirements, increasing technical assistance to all 30 modalities of legal child care to persons who are at or below [two31hundred percent of the state income standard, or three hundred percent32of the state income standard effective August first, two thousand twen-33ty-two, provided such persons are at or below eighty-five] one hundred 34 three percent of the state median income, effective October first, two 35 thousand twenty-three or one hundred twenty-nine percent of the state 36 median income, effective October first, two thousand twenty-four, 37 including the provision of training to assist providers in meeting child 38 care standards or regulatory requirements, and creating new child care 39 opportunities, and assisting social services districts in assessing and 40 responding to child care needs for persons at or below [two hundred41percent of the state income standard, or three hundred percent of the42state income standard effective August first, two thousand twenty-two,43provided such persons are at or below eighty-five] one hundred three 44 percent of the state median income effective October first, two thousand 45 twenty-three or one hundred twenty-nine percent of the state median 46 income, effective October first, two thousand twenty-four. The depart- 47 ment shall have the authority to withhold funds from those agencies 48 which do not meet performance standards. Agencies whose funds are with- 49 held may have funds restored upon achieving performance standards. The 50 other part shall be allocated to social services districts to provideS. 4006--B 84 1 child care assistance to families receiving family assistance and to 2 other low income families. 3 § 2. Subdivisions 1 and 3 of section 410-w of the social services 4 law, subdivision 1 as amended by section 2 of part L of chapter 56 of 5 the laws of 2022, and subdivision 3 as amended by chapter 834 of the 6 laws of 2022, are amended to read as follows: 7 1. A social services district may use the funds allocated to it from 8 the block grant to provide child care assistance to: 9 (a) families receiving public assistance when such child care assist- 10 ance is necessary: to enable a parent or caretaker relative to engage in 11 work, participate in work activities or perform a community service 12 pursuant to title nine-B of article five of this chapter; to enable a 13 teenage parent to attend high school or other equivalent training 14 program; because the parent or caretaker relative is physically or 15 mentally incapacitated; or because family duties away from home necessi- 16 tate the parent or caretaker relative's absence; child day care shall be 17 provided during breaks in activities[, for a period of up to two weeks]. 18 Such child day care [may] shall be authorized [for a period of up to one19month if child care arrangements shall be lost if not continued, and the20program or employment is scheduled to begin within such period] for the 21 period designated by the regulations of the department; 22 (b) families with incomes up to [two hundred percent of the state23income standard, or three hundred percent of the state income standard24effective August first, two thousand twenty-two] one hundred three 25 percent of the state median income effective October first, two thousand 26 twenty-three or one hundred twenty-nine percent of the state median 27 income, effective October first, two thousand twenty-four, who are 28 attempting through work activities to transition off of public assist- 29 ance when such child care is necessary in order to enable a parent or 30 caretaker relative to engage in work provided such families' public 31 assistance has been terminated as a result of increased hours of or 32 income from employment or increased income from child support payments 33 or the family voluntarily ended assistance; provided that the family 34 received public assistance at least three of the six months preceding 35 the month in which eligibility for such assistance terminated or ended 36 or provided that such family has received child care assistance under 37 subdivision four of this section[; and provided, the family income does38not exceed eighty-five percent of the state median income]; 39 (c) families with incomes up to [two hundred percent of the state40income standard, or three hundred percent of the state income standard41effective August first, two thousand twenty-two] one hundred three 42 percent of the state median income, effective October first, two thou- 43 sand twenty-three or one hundred twenty-nine percent of the state median 44 income, effective October first, two thousand twenty-four, which are 45 determined in accordance with the regulations of the department to be at 46 risk of becoming dependent on family assistance[; provided, the family47income does not exceed eighty-five percent of the state median income]; 48 (d) families with incomes up to [two hundred percent of the state49income standard, or three hundred percent of the state income standard50effective August first, two thousand twenty-two] one hundred three 51 percent of the state median income, effective October first, two thou- 52 sand twenty-three or one hundred twenty-nine percent of the state median 53 income, effective October first, two thousand twenty-four, who are 54 attending a post secondary educational program[; provided, the family55income does not exceed eighty-five percent of the state median income]; 56 andS. 4006--B 85 1 (e) other families with incomes up to [two hundred percent of the2state income standard, or three hundred percent of the state income3standard effective August first, two thousand twenty-two, which the4social services district designates in its consolidated services plan as5eligible for child care assistance] one hundred three percent of the 6 state median income effective October first, two thousand twenty-three 7 or one hundred twenty-nine percent of the state median income, effective 8 October first, two thousand twenty-four, in accordance with criteria 9 established by the department[; provided, the family income does not10exceed eighty-five percent of the state median income]. 11 3. A social services district shall guarantee child care assistance to 12 families in receipt of public assistance with children under thirteen 13 years of age when such child care assistance is necessary for a parent 14 or caretaker relative to engage in work or participate in work activ- 15 ities pursuant to the provisions of title nine-B of article five of this 16 chapter. Child care assistance shall continue to be guaranteed for such 17 a family for a period of twelve months or may be provided by a social 18 service district for a period up to twenty-four months, after the month 19 in which the family's eligibility for public assistance has terminated 20 or ended when such child care is necessary in order to enable the parent 21 or caretaker relative to engage in work, provided that the family's 22 public assistance has been terminated as a result of an increase in the 23 hours of or income from employment or increased income from child 24 support payments or because the family voluntarily ended assistance; 25 that the family received public assistance in at least three of the six 26 months preceding the month in which eligibility for such assistance 27 terminated or ended or provided that such family has received child care 28 assistance under subdivision four of this section; and that the family's 29 income does not exceed [two hundred percent of the state income stand-30ard, or three hundred percent of the state income standard effective31August first, two thousand twenty-two; and that the family income does32not exceed eighty-five] one hundred three percent of the state median 33 income effective October first, two thousand twenty-three or one hundred 34 twenty-nine percent of the state median income, effective October first, 35 two thousand twenty-four. Such child day care shall recognize the need 36 for continuity of care for the child and a district shall not move a 37 child from an existing provider unless the participant consents to such 38 move. 39 § 3. Paragraph (a) of subdivision 2 of section 410-x of the social 40 services law, as amended by chapter 416 of the laws of 2000, is amended 41 to read as follows: 42 (a) [A social services district] The department may establish priori- 43 ties for the families which will be eligible to receive funding; 44 provided that the priorities provide that eligible families will receive 45 equitable access to child care assistance funds to the extent that these 46 funds are available. 47 § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x of the 48 social services law are REPEALED. 49 § 5. This act shall take effect October 1, 2023. The office of chil- 50 dren and family services is hereby authorized to promulgate such rules 51 and regulations as may be necessary, including on an emergency basis, to 52 implement the provisions of this act. 53 PART VS. 4006--B 86 1 Section 1. Section 3 of part N of chapter 56 of the laws of 2020, 2 amending the social services law relating to restructuring financing for 3 residential school placements, as amended by section 1 of part M of 4 chapter 56 of the laws of 2022, is amended to read as follows: 5 § 3. This act shall take effect immediately and shall expire and be 6 deemed repealed April 1, [2023] 2024; provided however that the amend- 7 ments to subdivision 10 of section 153 of the social services law made 8 by section one of this act, shall not affect the expiration of such 9 subdivision and shall be deemed to expire therewith. 10 § 2. This act shall take effect immediately. 11 PART W 12 Section 1. Section 11 of subpart A of part G of chapter 57 of the laws 13 of 2012, amending the social services law and the family court act 14 relating to establishing a juvenile justice services close to home 15 initiative, as amended by section 2 of part G of chapter 56 of the laws 16 of 2018, is amended to read as follows: 17 § 11. This act shall take effect April 1, 2012 [and shall expire on18March 31, 2023 when upon such date the provisions of this act shall be19deemed repealed; provided, however, that effective immediately, the20addition, amendment and/or repeal of any rule or regulation necessary21for the implementation of this act on its effective date are authorized22and directed to be made and completed on or before such effective date;23provided, however, upon the repeal of this act, a social services24district that has custody of a juvenile delinquent pursuant to an25approved juvenile justice services close to home initiative shall retain26custody of such juvenile delinquent until custody may be legally trans-27ferred in an orderly fashion to the office of children and family28services]. 29 § 2. Section 7 of subpart B of part G of chapter 57 of the laws of 30 2012, amending the social services law, the family court act and the 31 executive law relating to juvenile delinquents, as amended by section 3 32 of part G of chapter 56 of the laws of 2018, is amended to read as 33 follows: 34 § 7. This act shall take effect April 1, 2012 [and shall expire on35March 31, 2023 when upon such date the provisions of this act shall be36deemed repealed; provided, however, that effective immediately, the37addition, amendment and/or repeal of any rule or regulation necessary38for the implementation of this act on its effective date is authorized39and directed to be made and completed on or before such effective date]. 40 § 3. This act shall take effect immediately and shall be deemed to 41 have been in full force and effect on and after March 31, 2023. 42 PART X 43 Section 1. Paragraph (a) of subdivision 8 of section 131-a of the 44 social services law is amended by adding a new subparagraph (xi) to read 45 as follows: 46 (xi) all of the income of a head of household or any person in the 47 household, who is receiving such aid or for whom an application for such 48 aid has been made, which is derived from participation in a program 49 carried out under the federal workforce innovation and opportunity act 50 (P.L. 113-128) or any successor act or public assistance employment, 51 training or skills certification program, provided, however, that in the 52 case of earned income such disregard must be applied for at least, butS. 4006--B 87 1 no longer than, six consecutive months following the last day of the 2 month in which such person commences employment after completing a qual- 3 ifying job training or adult education program. 4 § 2. This act shall take effect immediately. 5 PART Y 6 Section 1. The social services law is amended by adding a new section 7 152-d to read as follows: 8 § 152-d. Replacement of stolen public assistance. 1. Notwithstanding 9 section three hundred fifty-j of this article and subdivision eleven of 10 section one hundred thirty-one of this title, and in accordance with 11 this section, public assistance recipients shall receive replacement 12 assistance for the loss of public assistance, as defined in subdivision 13 nineteen of section two of this chapter, in instances when such public 14 assistance has been stolen as a result of card skimming, cloning, third 15 party misrepresentation or other similar fraudulent activities, consist- 16 ent with guidance issued by the office of temporary and disability 17 assistance. 18 2. The office of temporary and disability assistance shall establish a 19 protocol for recipients to report incidents of stolen public assistance. 20 3. Social services districts shall promptly replace stolen public 21 assistance, however, such replacement shall occur no later than seven 22 business days after the date the victim submits a signed statement docu- 23 menting the theft. 24 4. For public assistance that is verified as stolen, replacement 25 assistance shall be provided by the social services district in accord- 26 ance with this section as follows: 27 (a) replacement assistance shall be issued in an amount equal to the 28 value of the stolen benefits; and 29 (b) (i) no more than twice in a calendar year to cover public assist- 30 ance stolen on or after January first, two thousand twenty-two through 31 December thirty-first, two thousand twenty-four; or (ii) no more than 32 once in a calendar year to cover public assistance stolen on or after 33 January first, two thousand twenty-five. 34 5. Any replacement assistance provided under this section shall be 35 exempt from recoupment and recovery provisions under title six of arti- 36 cle three of this chapter; provided, however, that assistance shall not 37 be exempt from recoupment and recovery if it is later determined that 38 the public assistance that was replaced pursuant to this section was not 39 stolen as a result of card skimming, cloning, third party misrepresen- 40 tation or other similar fraudulent activities. 41 § 2. Section 95 of the social services law is amended by adding a new 42 subdivision 12 to read as follows: 43 12. Notwithstanding any other provision of law to the contrary, the 44 office shall direct social services districts to provide replacement 45 benefits in instances of fraud or theft of supplemental nutrition 46 assistance program benefits equal to the value of benefits stolen on or 47 after January first, two thousand twenty-two, in the same manner as 48 outlined in subdivision four of section one hundred fifty-two-d of this 49 chapter, using funds from the supplemental nutrition assistance program, 50 as authorized pursuant to Section 501(b)(2) of the Consolidated Appro- 51 priations Act of 2023, P.L. 117-328, emergency safety net assistance, 52 emergency assistance to families, or emergency assistance to adults, as 53 applicable.S. 4006--B 88 1 § 3. Subdivision 1 of section 303 of the social services law is 2 amended by adding a new paragraph (p) to read as follows: 3 (p) In the event of a reported theft of emergency assistance previous- 4 ly issued pursuant to this section or theft of supplemental nutrition 5 assistance benefits, emergency assistance equal to the value of the 6 stolen benefits shall be provided in the same manner as outlined in 7 subdivision four of section one hundred fifty-two-d of this chapter. 8 Where replacement benefits have been issued pursuant to this paragraph, 9 the district may require an assignment of any duplicative replacement 10 benefits authorized by and issued pursuant to Section 501(b)(2) of the 11 Consolidated Appropriations Act of 2023, P.L. 117-328, should such 12 replacement benefits become available at a future time. 13 § 4. Paragraph (e) of subdivision 2 of section 350-j of the social 14 services law, as amended by section 38 of part B of chapter 436 of the 15 laws of 1997, is amended to read as follows: 16 (e) such occurrence or situation could not have been foreseen by the 17 applicant[,] and was not under his or her control [and, in the case of a18person receiving public assistance, did not result from the loss, theft19or mismanagement of a regular public assistance grant]; and 20 § 5. Section 350-j of the social services law is amended by adding a 21 new subdivision 4 to read as follows: 22 4. In instances of fraud or theft of benefits occurring on or after 23 January first, two thousand twenty-two, emergency assistance to needy 24 families with children benefits shall be issued in an amount equal to 25 the value of stolen family assistance, emergency assistance to needy 26 families, pandemic electronic benefit transfer benefits, or supplemental 27 nutrition assistance program benefits in the same manner as outlined in 28 subdivision four of section one hundred fifty-two-d of this chapter. 29 Where replacement benefits are being issued pursuant to this subdivi- 30 sion, the district may reduce the amount designated to replace stolen 31 supplemental nutrition assistance program benefits by any previously or 32 contemporaneously received benefits authorized by and issued pursuant 33 to Section 501(b)(2) of the Consolidated Appropriations Act of 2023, 34 P.L. 117-328. Where replacement benefits are issued pursuant to this 35 subdivision to replace stolen supplemental nutrition assistance 36 program benefits, the district may require an assignment of any dupli- 37 cative replacement benefits authorized by and issued pursuant to 38 Section 501(b)(2) of the Consolidated Appropriations Act of 2023, 39 P.L. 117-328 should such replacement benefits become available at a 40 future time. 41 § 6. Section 159 of the social services law is amended by adding a new 42 subdivision 13 to read as follows: 43 13. Notwithstanding any other provision of law to the contrary, in 44 instances of fraud or theft of benefits that occur on or after January 45 first, two thousand twenty-two, the victim of such fraud or theft shall 46 be provided emergency assistance benefits equal to the value of the 47 stolen safety net assistance, emergency safety net assistance, pandemic 48 electronic benefit transfer benefits, or supplemental nutrition assist- 49 ance program benefits in the same manner as outlined in subdivision four 50 of section one hundred fifty-two-d of this chapter. Where replacement 51 benefits are being issued pursuant to this subdivision, the district may 52 reduce the amount designated to replace stolen supplemental nutrition 53 assistance program benefits by any previously or contemporaneously 54 received benefits authorized by and issued pursuant to Section 55 501(b)(2) of the Consolidated Appropriations Act of 2023, P.L. 117-328. 56 Where replacement benefits are issued pursuant to this subdivision toS. 4006--B 89 1 replace stolen supplemental nutrition assistance program benefits, the 2 district may require an assignment of any duplicative replacement bene- 3 fits authorized by and issued pursuant to Section 501(b)(2) of the 4 Consolidated Appropriations Act of 2023, P.L. 117-328 should such 5 replacement benefits become available at a future time. 6 § 7. This act shall take effect immediately. 7 PART Z 8 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 9 section 131-o of the social services law, as amended by section 1 of 10 part S of chapter 56 of the laws of 2022, are amended to read as 11 follows: 12 (a) in the case of each individual receiving family care, an amount 13 equal to at least [$161.00] $175.00 for each month beginning on or after 14 January first, two thousand [twenty-two] twenty-three. 15 (b) in the case of each individual receiving residential care, an 16 amount equal to at least [$186.00] $202.00 for each month beginning on 17 or after January first, two thousand [twenty-two] twenty-three. 18 (c) in the case of each individual receiving enhanced residential 19 care, an amount equal to at least [$222.00] $241.00 for each month 20 beginning on or after January first, two thousand [twenty-two] twenty- 21 three. 22 (d) for the period commencing January first, two thousand [twenty-23three] twenty-four, the monthly personal needs allowance shall be an 24 amount equal to the sum of the amounts set forth in subparagraphs one 25 and two of this paragraph: 26 (1) the amounts specified in paragraphs (a), (b) and (c) of this 27 subdivision; and 28 (2) the amount in subparagraph one of this paragraph, multiplied by 29 the percentage of any federal supplemental security income cost of 30 living adjustment which becomes effective on or after January first, two 31 thousand [twenty-three] twenty-four, but prior to June thirtieth, two 32 thousand [twenty-three] twenty-four, rounded to the nearest whole 33 dollar. 34 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 35 section 209 of the social services law, as amended by section 2 of part 36 S of chapter 56 of the laws of 2022, are amended to read as follows: 37 (a) On and after January first, two thousand [twenty-two] twenty- 38 three, for an eligible individual living alone, [$928.00] $1,001.00; and 39 for an eligible couple living alone, [$1,365.00] $1,475.00. 40 (b) On and after January first, two thousand [twenty-two] 41 twenty-three, for an eligible individual living with others with or 42 without in-kind income, [$864.00] $937.00; and for an eligible couple 43 living with others with or without in-kind income, [$1,307.00] 44 $1,417.00. 45 (c) On and after January first, two thousand [twenty-two]twenty-three, 46 (i) for an eligible individual receiving family care, [$1,107.48] 47 $1,180.48 if he or she is receiving such care in the city of New York or 48 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 49 eligible couple receiving family care in the city of New York or the 50 county of Nassau, Suffolk, Westchester or Rockland, two times the amount 51 set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- 52 ble individual receiving such care in any other county in the state, 53 [$1,069.48] $1,142.48; and (iv) for an eligible couple receiving suchS. 4006--B 90 1 care in any other county in the state, two times the amount set forth in 2 subparagraph (iii) of this paragraph. 3 (d) On and after January first, two thousand [twenty-two] 4 twenty-three, (i) for an eligible individual receiving residential care, 5 [$1,276.00] $1,349.00 if he or she is receiving such care in the city of 6 New York or the county of Nassau, Suffolk, Westchester or Rockland; and 7 (ii) for an eligible couple receiving residential care in the city of 8 New York or the county of Nassau, Suffolk, Westchester or Rockland, two 9 times the amount set forth in subparagraph (i) of this paragraph; or 10 (iii) for an eligible individual receiving such care in any other county 11 in the state, [$1,246.00] $1,319.00; and (iv) for an eligible couple 12 receiving such care in any other county in the state, two times the 13 amount set forth in subparagraph (iii) of this paragraph. 14 (e) On and after January first, two thousand [twenty-two] 15 twenty-three, (i) for an eligible individual receiving enhanced residen- 16 tial care, [$1,535.00] $1,608.00; and (ii) for an eligible couple 17 receiving enhanced residential care, two times the amount set forth in 18 subparagraph (i) of this paragraph. 19 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 20 vision shall be increased to reflect any increases in federal supple- 21 mental security income benefits for individuals or couples which become 22 effective on or after January first, two thousand [twenty-three] twen- 23 ty-four but prior to June thirtieth, two thousand [twenty-three] twen- 24 ty-four. 25 § 3. This act shall take effect December 31, 2023. 26 PART AA 27 Section 1. Subdivision 1 of section 696-a of the labor law, as added 28 by chapter 88 of the laws of 2021, is amended to read as follows: 29 1. "Covered airport location" means John F. Kennedy International 30 Airport [and], LaGuardia Airport, Stewart International Airport, or any 31 location used to perform airline catering work as such work is described 32 in subparagraph (iv) of paragraph (a) of subdivision two of this 33 section. 34 § 2. This act shall take effect immediately. 35 PART BB 36 Section 1. Subdivision 1 of section 196-b of the labor law, as added 37 by section 1 of part J of chapter 56 of the laws of 2020, is amended to 38 read as follows: 39 1. Every employer shall be required to provide its employees with sick 40 leave as follows: 41 a. [For] Except as provided in paragraph b of this subdivision, for 42 employers with four or fewer employees in any calendar year, each 43 employee shall be provided with up to forty hours of unpaid sick leave 44 in each calendar year; provided, however, an employer that employs four 45 or fewer employees in any calendar year and that has a net income of 46 greater than one million dollars in the previous tax year shall provide 47 each employee with up to forty hours of paid sick leave pursuant to this 48 section; 49 b. For employers with between five and ninety-nine employees in any 50 calendar year and all employers of one or more domestic workers, each 51 employee shall be provided with up to forty hours of paid sick leave in 52 each calendar year. For purposes of this subdivision, "domestic worker"S. 4006--B 91 1 shall mean any domestic worker as such term is defined in subdivision 2 sixteen of section two of this chapter; and 3 c. For employers with one hundred or more employees in any calendar 4 year, each employee shall be provided with up to fifty-six hours of paid 5 sick leave each calendar year. 6 For purposes of determining the number of employees pursuant to this 7 subdivision, a calendar year shall mean the twelve-month period from 8 January first through December thirty-first. For all other purposes, a 9 calendar year shall either mean the twelve-month period from January 10 first through December thirty-first, or a regular and consecutive 11 twelve-month period, as determined by an employer. 12 § 2. This act shall take effect immediately. 13 PART CC 14 Section 1. Paragraph h of subdivision 2 of section 355 of the educa- 15 tion law is amended by adding a new subparagraph 11 to read as follows: 16 (11) All current and future mandatory fees owed on or after January 17 first, two thousand twenty-four, with the exclusion of the graduate 18 student association student activities fee, shall not be charged to a 19 graduate student serving a full-time or half-time appointment as a grad- 20 uate teaching assistant, graduate assistant, graduate research assist- 21 ant, graduate research associate, or a graduate teaching associate. 22 § 2. Subdivision 7 of section 6206 of the education law is amended by 23 adding a new subparagraph (g) to read as follows: 24 (g) All current and future mandatory fees owed on or after January 25 first, two thousand twenty-four, with the exclusion of the graduate 26 student association student activities fee, shall not be charged to a 27 graduate student serving as a graduate assistant, adjunct instructor, 28 adjunct lecturer, adjunct college laboratory technician or a non-teach- 29 ing adjunct staff member. 30 § 3. This act shall take effect immediately. 31 PART DD 32 Section 1. The veterans' services law is amended by adding a new 33 section 29-b to read as follows: 34 § 29-b. Staff sergeant Alex R. Jimenez New York state military immi- 35 grant family legacy program. 1. For the purposes of this section, the 36 following terms shall have the following meanings: 37 (a) "Uniformed service member" shall mean a member of the army, navy, 38 air force, space corps, marine corps, coast guard, public health service 39 commissioned corps, or national oceanic and atmospheric administration 40 commissioned officer corps serving on active duty. 41 (b) "The program" shall mean the staff sergeant Alex R. Jimenez mili- 42 tary immigrant family legacy program. 43 (c) "Coordinator" shall mean a military immigrant family legacy 44 program coordinator appointed pursuant to subdivision three of this 45 section. 46 (d) "Veteran" shall mean a person who served in the active military, 47 naval or air service and who was discharged or released under conditions 48 other than dishonorable. 49 (e) "Intended recipients" shall mean uniformed service members, veter- 50 ans, reserve component members and their family members. 51 (f) "Reserve component members" shall mean those serving in the army 52 reserve, navy reserve, marine corps reserve, the army national guard orS. 4006--B 92 1 the air national guard during the time the unit was federally recognized 2 as a reserve component. 3 2. There is hereby established within the department, in conjunction 4 with the division of military and naval affairs, the staff sergeant Alex 5 R. Jimenez New York state military immigrant family legacy program which 6 shall be jointly developed and implemented by the commissioner and the 7 adjutant general of the division of military and naval affairs, in 8 consultation with the office for new Americans established pursuant to 9 section ninety-four-b of the executive law, and in accordance with the 10 provisions of this section. The primary purpose of the program shall be 11 to assist intended recipients to secure legal immigration status in the 12 United States, including but not limited to, citizenship. 13 3. Two military immigrant family legacy program coordinators shall be 14 appointed, one appointed by the commissioner and one by the adjutant 15 general of the division of military and naval affairs, to administer the 16 program. Each coordinator shall be a veteran. The coordinators' duties 17 shall include, but not be limited to: 18 (a) assisting intended recipients who may qualify for adjustment of 19 status, special immigration status through the federal Parole in Place 20 program authorized by section 1758 of the 2020 National Defense Authori- 21 zation Act, or any other sort of relief that can lead to citizenship. 22 (b) communication with the commissioner and the adjutant general and 23 the office for new Americans regarding existing policies and regulations 24 pertaining to the needs of intended recipients and to make recommenda- 25 tions regarding the improvement of benefits and services to such 26 intended recipients. 27 (c) serving as liaison between the department and the division of 28 military and naval affairs, the United States citizenship and immi- 29 gration services, immigration and customs enforcement, the United States 30 department of veterans affairs, local veterans' service agencies, state 31 agencies, community groups, advocates, and other veterans and military 32 organizations and interested parties. 33 (d) consulting with qualified immigration attorneys or duly authorized 34 board of immigration appeals approved representatives to facilitate such 35 coordination with the United States citizenship and immigration services 36 or other appropriate agency. 37 (e) advocating for intended recipients. 38 (f) developing and maintaining a clearinghouse for information and 39 resources relating to the program. 40 (g) promoting events and activities that educate and assist intended 41 recipients, including but not limited to, veteran human rights confer- 42 ences, veterans benefit and resources events. 43 (h) including the contributions that intended recipients have made on 44 behalf of the United States and this state on the department's official 45 website. 46 (i) developing information to be made available to congressionally 47 chartered veterans' organizations, and local veterans' services agencies 48 to provide a general overview of the program, including but not limited 49 to, its purpose and the eligibility requirements for adjustment of 50 status, citizenship, or any other form of available relief. 51 (j) preparing reports on topics, including but not limited to, the 52 demographics of intended recipients, the number of such intended recipi- 53 ents by county, and the unique needs of the intended recipients within 54 New York state to the commissioner, the adjutant general of the division 55 of military and naval affairs and the office for new Americans.S. 4006--B 93 1 4. The coordinators shall submit a report to the commissioner and to 2 the adjutant general of the division of military and naval affairs on 3 January first each year following the first full year after the effec- 4 tive date of this section. Such report shall include, but not be limited 5 to, a description of the coordinators' activities for the preceding 6 calendar year. The commissioner shall submit the report to the governor 7 and the legislature in accordance with the provisions of section four of 8 this article. The adjutant general of the division of military and naval 9 affairs shall submit the report to the governor and the legislature in 10 accordance with the provisions of section one hundred sixty-four of the 11 executive law. 12 § 2. Section 4 of the veterans' services law is amended by adding a 13 new subdivision 38 to read as follows: 14 38. To encourage the development of and provide for the establishment 15 of a state military immigrant family legacy program coordinator, as 16 provided in section twenty-nine-b of this article. 17 § 3. The military law is amended by adding a new section 256 to read 18 as follows: 19 § 256. State military immigrant family legacy program support. The 20 adjutant general shall encourage the development of and provide for the 21 establishment of a state military immigrant family legacy program coor- 22 dinator, as provided in section twenty-nine-b of the veterans' services 23 law. 24 § 4. Paragraph (l) of subdivision 5 of section 94-b of the executive 25 law, as added by chapter 206 of the laws of 2014, is amended to read as 26 follows: 27 (l) (i) Coordinate with other state agencies and otherwise marshal the 28 resources of the state to serve the needs of immigrants, and (ii) advise 29 the state military immigrant family legacy program coordinators pursuant 30 to section twenty-nine-b of the veterans' services law; 31 § 5. This act shall take effect on the ninetieth day after it shall 32 have become a law, provided however, that if section 2 of part PP of 33 chapter 56 of the laws of 2022 shall not have taken effect on or before 34 such date, then this act shall take effect on the same date and in the 35 same manner as such section of such part of such chapter of the laws of 36 2022 takes effect. 37 PART EE 38 Section 1. Subdivision 1 of section 350 of the social services law is 39 amended by adding a new paragraph (c) to read as follows: 40 (c) In accordance with the regulations of the department approved by 41 the director of the budget, allowances granted under the provisions of 42 this title may include the costs of diapers for an eligible child, two 43 years of age or younger. Said allowances shall not exceed eighty 44 dollars, every three months, per eligible child. 45 § 2. This act shall take effect on the first of April next succeeding 46 the date on which it shall have become a law. 47 PART FF 48 Section 1. The arts and cultural affairs law is amended by adding a 49 new section 3.17 to read as follows: 50 § 3.17. Arts and cultural districts. 1. For the purposes of this 51 section, "arts and cultural districts" means geographic areas of a city, 52 town or village with a concentration of arts or cultural facilitiesS. 4006--B 94 1 located within its boundaries. Two or more local governments may jointly 2 apply for a designated district where the proposed geographic area of 3 such district shall extend across commonly held jurisdictional bounda- 4 ries. 5 2. The council, in cooperation with the department of economic devel- 6 opment and any other state department, office, division or agency the 7 council deems necessary, shall develop criteria and guidelines for state 8 designated arts and cultural districts. Criteria developed by the coun- 9 cil, in cooperation with the department of economic development and any 10 other state department, office, division or agency the council deems 11 necessary, to designate a district shall, to the extent practicable, 12 include, but not be limited to, determinations that such district: (a) 13 attracts artists or cultural enterprises to the community, (b) encour- 14 ages enterprise and job development due to the concentration of artistic 15 or cultural activity, a major arts or cultural institution or facility, 16 arts and entertainment businesses, an area with arts and cultural activ- 17 ities, or artistic or cultural production, (c) attracts a sufficient 18 amount of tourism, (d) enhances local property values and fosters local 19 cultural development, (e) engages in the promotional, preservation, and 20 educational aspects of the arts and culture of the community and 21 contribute to the public through interpretive, educational, or recre- 22 ational uses; or (f) satisfies additional criteria as determined by the 23 council that will further the purposes of this section. The council, in 24 cooperation with the department of economic development and any other 25 state department, office, division or agency the council deems neces- 26 sary, shall also develop guidelines that provide assistance to a city, 27 town, or village, or multiple local governments applying jointly in 28 developing an application for district certification. For any state 29 designated arts and cultural district, the department of economic 30 development, in cooperation with the council and any other state depart- 31 ment, office, division or agency the department deems necessary, shall 32 provide state supported assistance to the district in its activities, 33 including but not limited to technical assistance in applying for 34 federal and non-profit grants, marketing expertise, identification of 35 other state resources that may assist a district's activities or 36 programs that could be created or expanded within state agencies to 37 assist districts. 38 § 2. This act shall take effect on the one hundred twentieth day after 39 it shall have become a law. 40 PART GG 41 Section 1. The public housing law is amended by adding a new article 42 14-A to read as follows: 43 ARTICLE 14-A 44 HOUSING ACCESS VOUCHER PROGRAM 45 Section 605. Legislative findings. 46 606. Definitions. 47 607. Housing access voucher program. 48 608. Eligibility. 49 609. Funding allocation and distribution. 50 610. Payment of housing vouchers. 51 611. Leases and tenancy. 52 612. Rental obligation. 53 613. Monthly assistance payment. 54 614. Inspection of units.S. 4006--B 95 1 615. Rent. 2 616. Vacated units. 3 617. Leasing of units owned by a housing access voucher local 4 administrator. 5 618. Verification of income. 6 619. Division of an assisted family. 7 620. Maintenance of effort. 8 621. Vouchers statewide. 9 622. Applicable codes. 10 623. Housing choice. 11 § 605. Legislative findings. The legislature finds that it is in the 12 public interest of the state to ensure that individuals and families are 13 not rendered homeless because of an inability to pay the cost of hous- 14 ing, and to aid individuals and families who are homeless or face an 15 imminent loss of housing in obtaining and maintaining suitable permanent 16 housing in accordance with the provisions of this article. 17 § 606. Definitions. For the purposes of this article, the following 18 terms shall have the following meanings: 19 1. "Homeless" means lacking a fixed, regular, and adequate nighttime 20 residence; having a primary nighttime residence that is a public or 21 private place not designed for or ordinarily used as a regular sleeping 22 accommodation for human beings, including a car, park, abandoned build- 23 ing, bus or train station, airport, campground, or other place not meant 24 for human habitation; living in a supervised publicly or privately oper- 25 ated shelter designated to provide temporary living arrangements 26 (including hotels and motels paid for by federal, state or local govern- 27 ment programs for low-income individuals or by charitable organizations, 28 congregate shelters, or transitional housing); exiting an institution 29 where an individual or family has resided and lacking a regular fixed 30 and adequate nighttime residence upon release or discharge; individuals 31 released or scheduled to be released from incarceration and lacking a 32 regular fixed and adequate nighttime residence upon release or 33 discharge; being a homeless family with children or unaccompanied youth 34 defined as homeless under 42 U.S.C. § 11302(a); having experienced a 35 long-term period without living independently in permanent housing or 36 having experienced persistent instability as measured by frequent moves 37 and being reasonably expected to continue in such status for an extended 38 period of time because of chronic disabilities, chronic physical health 39 or mental health conditions, substance addiction, histories of domestic 40 violence or childhood abuse, the presence of a child or youth with a 41 disability, multiple barriers to employment, or other dangerous or life- 42 threatening conditions, including conditions that relate to violence 43 against an individual or a family member. 44 2. "Imminent loss of housing" means having received a verified rent 45 demand or a petition for eviction; having received a court order result- 46 ing from an eviction action that notifies the individual or family that 47 they must leave their housing; facing loss of housing due to a court 48 order to vacate the premises due to hazardous conditions, which may 49 include but not be limited to asbestos, lead exposure, mold, and radon; 50 having a primary nighttime residence that is a room in a hotel or motel 51 and lacking the resources necessary to stay; facing loss of the primary 52 nighttime residence, which may include living in the home of another 53 household, where the owner or renter of the housing will not allow the 54 individual or family to stay, provided further, that an assertion from 55 an individual or family member alleging such loss of housing or home- 56 lessness shall be sufficient to establish eligibility; or fleeing orS. 4006--B 96 1 attempting to flee domestic violence, dating violence, sexual assault, 2 stalking, human trafficking or other dangerous or life-threatening 3 conditions that relate to violence against the individual or a family 4 member, provided further that an assertion from an individual or family 5 member alleging such abuse and loss of housing shall be sufficient to 6 establish eligibility. 7 3. "Public housing agency" means any county, municipality, or other 8 governmental entity or public body that is authorized to administer any 9 public housing program (or an agency or instrumentality of such an enti- 10 ty), and any other public or private non-profit entity that administers 11 any other public housing program or assistance. 12 4. "Section 8 local administrator" means a public housing agency that 13 administers the Section 8 Housing Choice Voucher program under section 8 14 of the United States housing act of 1937 within a community, county or 15 region, or statewide, on behalf of and under contract with the housing 16 trust fund corporation. 17 5. "Housing access voucher local administrator" means a public housing 18 agency, as defined in subdivision three of this section, or Section 8 19 local administrator designated to administer the housing access voucher 20 program within a community, county or region, or statewide, on behalf of 21 and under contract with the housing trust fund corporation. In the city 22 of New York, the housing access voucher local administrator shall be the 23 New York city department of housing preservation and development, or the 24 New York city housing authority, or both. 25 6. "Family" means a group of persons residing together. Such group 26 includes, but is not limited to a family with or without children (a 27 child who is temporarily away from the home because of placement in 28 foster care is considered a member of the family) or any remaining 29 members of a tenant family. The commissioner shall have the discretion 30 to determine if any other group of persons qualifies as a family. 31 7. "Owner" means any private person or any entity, including a cooper- 32 ative, an agency of the federal government, or a public housing agency, 33 having the legal right to lease or sublease dwelling units. 34 8. "Dwelling unit" means a single-family dwelling, including attached 35 structures such as porches and stoops; or a single-family dwelling unit 36 in a structure that contains more than one separate residential dwelling 37 unit, and in which each such unit is used or occupied, or intended to be 38 used or occupied, in whole or in part, as the residence of one or more 39 persons. 40 9. "Income" shall mean the same as it is defined by 24 CFR § 5.609 and 41 any amendments thereto. 42 10. "Adjusted income" shall mean the same as it is defined by 24 CFR § 43 5.611 and any amendments thereto. 44 11. "Reasonable rent" means rent not more than the rent charged on 45 comparable units in the private unassisted market and rent charged for 46 comparable unassisted units in the premises. 47 12. "Fair market rent" means the fair market rent for each rental area 48 as promulgated annually by the United States department of housing and 49 urban development pursuant to 42 U.S.C. 1437f. 50 13. "Voucher" means a document issued by the housing trust fund corpo- 51 ration pursuant to this article to an individual or family selected for 52 admission to the housing access voucher program, which describes such 53 program and the procedures for approval of a unit selected by the family 54 and states the obligations of the individual or family under the 55 program.S. 4006--B 97 1 14. "Lease" means a written agreement between an owner and a tenant 2 for the leasing of a dwelling unit to the tenant. The lease establishes 3 the conditions for occupancy of the dwelling unit by an individual or 4 family with housing assistance payments under a contract between the 5 owner and the housing access voucher local administrator. 6 15. "Dependent" means any member of the family who is neither the head 7 of household, nor the head of the household's spouse, and who is: 8 (a) under the age of eighteen; 9 (b) a person with a disability; or 10 (c) a full-time student. 11 16. "Elderly" means a person sixty-two years of age or older. 12 17. "Child care expenses" means expenses relating to the care of chil- 13 dren under the age of thirteen. 14 18. "Severely rent burdened" means those individuals and families who 15 pay more than fifty percent of their income in rent as defined by the 16 United States census bureau. 17 19. "Disability" means: 18 (a) the inability to engage in any substantial gainful activity by 19 reason of any medically determinable physical or mental impairment which 20 can be expected to result in death or which has lasted or can be 21 expected to last for a continuous period of not less than twelve months; 22 or 23 (b) in the case of an individual who has attained the age of fifty- 24 five and is blind, the inability by reason of such blindness to engage 25 in substantial gainful activity requiring skills or abilities comparable 26 to those of any gainful activity in which they have previously engaged 27 with some regularity and over a substantial period of time; or 28 (c) a physical, mental, or emotional impairment which: 29 (i) is expected to be of long-continued and indefinite duration; 30 (ii) substantially impedes his or her ability to live independently; 31 and 32 (iii) is of such a nature that such ability could be improved by more 33 suitable housing conditions; or 34 (d) a developmental disability that is a severe, chronic disability of 35 an individual that: 36 (i) is attributable to a mental or physical impairment or combination 37 of mental and physical impairments; 38 (ii) is manifested before the individual attains age twenty-two; 39 (iii) is likely to continue indefinitely; 40 (iv) results in substantial functional limitations in three or more of 41 the following areas of major life activity: 42 (A) self-care; 43 (B) receptive and expressive language; 44 (C) learning; 45 (D) mobility; 46 (E) self-direction; 47 (F) capacity for independent living; or 48 (G) economic self-sufficiency; and 49 (v) reflects the individual's need for a combination and sequence of 50 special, interdisciplinary, or generic services, individualized 51 supports, or other forms of assistance that are of lifelong or extended 52 duration and are individually planned and coordinated. 53 § 607. Housing access voucher program. The commissioner, subject to 54 the appropriation of funds for this purpose, shall implement a program 55 of rental assistance in the form of housing vouchers for eligible indi- 56 viduals and families who are homeless or who face an imminent loss ofS. 4006--B 98 1 housing in accordance with the provisions of this article. The housing 2 trust fund corporation shall issue vouchers pursuant to this article, 3 subject to appropriation of funds for this purpose, and may contract 4 with the division of housing and community renewal to administer any 5 aspect of this program in accordance with the provisions of this arti- 6 cle. The commissioner shall designate housing access voucher local 7 administrators in the state to make vouchers available to such individ- 8 uals and families and to administer other aspects of the program in 9 accordance with the provisions of this article. 10 § 608. Eligibility. The commissioner shall promulgate standards for 11 determining eligibility for assistance under this program. Individuals 12 and families who meet the standards shall be eligible regardless of 13 immigration status. Eligibility shall be limited to individuals and 14 families who are homeless or facing imminent loss of housing. Housing 15 access voucher local administrators may rely on a certification from a 16 social services provider serving homeless individuals, including, but 17 not limited to, homeless shelters to determine whether an applicant 18 qualifies as a homeless individual or family. 19 1. An individual or family shall be eligible for this program if they 20 are homeless or facing imminent loss of housing and have an income of no 21 more than fifty percent of the area median income, as defined by the 22 United States department of housing and urban development. 23 2. An individual or family in receipt of rental assistance pursuant to 24 this program shall be no longer financially eligible for such assistance 25 under this program when thirty percent of the individual's or family's 26 adjusted income is greater than or equal to the total rent for the 27 dwelling unit. 28 3. When an individual or family becomes financially ineligible for 29 rental assistance under this program pursuant to subdivision two of this 30 section, the individual or family shall retain rental assistance for a 31 period no shorter than one year, subject to appropriation of funds for 32 this purpose. 33 4. Income eligibility shall be verified prior to a housing access 34 voucher local administrator's initial determination to provide rental 35 assistance for this program and upon determination of such eligibility, 36 an individual or family shall annually certify their income for the 37 purpose of determining continued eligibility and any adjustments to such 38 rental assistance. 39 5. The commissioner may collaborate with the office of temporary and 40 disability assistance and other state and city agencies to allow a hous- 41 ing access voucher local administrator to access income information for 42 the purpose of determining an individual's or family's initial and 43 continued eligibility for the program. 44 6. Reviews of income shall be made no less frequently than annually. 45 § 609. Funding allocation and distribution. 1. Subject to appropri- 46 ation, funding shall be allocated by the commissioner in each county 47 except for those counties located within the city of New York, the 48 initial allocation shall be in proportion to the number of households in 49 each county or the city of New York who are severely rent burdened based 50 on data published by the United States census bureau. Funding for coun- 51 ties located within the city of New York shall be allocated directly to 52 the New York city department of housing preservation and development 53 and/or the New York city housing authority, as appropriate, in propor- 54 tion to the number of households in New York city as compared to the 55 rest of the state of New York who are severely rent burdened based on 56 data published by the United States census bureau.S. 4006--B 99 1 2. The commissioner shall be responsible for distributing the funds 2 allocated in each county not located within the city of New York among 3 housing access voucher local administrators operating in each county or 4 in the city of New York. 5 3. Priority shall be given to applicants who are homeless. The commis- 6 sioner shall have the discretion to establish further priorities as 7 appropriate. 8 4. Up to ten percent of the funds allocated may be used by the commis- 9 sioner and the housing access voucher local administrator for adminis- 10 trative expenses attributable to administering the housing access vouch- 11 er program. 12 § 610. Payment of housing vouchers. The housing voucher shall be paid 13 directly to any owner under a contract between the owner of the dwelling 14 unit to be occupied by the voucher recipient and the appropriate housing 15 access voucher local administrator. The commissioner shall determine the 16 form of the housing assistance payment contract and the method of 17 payment. A housing assistance payment contract entered into pursuant to 18 this section shall establish the payment standard (including utilities 19 and all maintenance and management charges) which the owner is entitled 20 to receive for each dwelling unit with respect to which such assistance 21 payments are to be made. The payment standard shall not exceed one 22 hundred twenty percent nor be less than ninety percent of the fair 23 market rent for the rental area in which it is located. Fair market 24 rent shall be determined pursuant to the procedures and standards as set 25 forth in the Federal Housing Choice voucher program, as set forth in the 26 applicable sections of Part 888 of Title 24 of the Code of Federal Regu- 27 lations. Fair market rent for a rental area shall be published not less 28 than annually by the commissioner and shall be made available on the 29 website of New York state homes and community renewal. 30 § 611. Leases and tenancy. Each housing assistance payment contract 31 entered into by a housing access voucher local administrator and the 32 owner of a dwelling unit shall provide: 33 1. that the lease between the tenant and the owner shall be for a term 34 of not less than one year, except that the housing access voucher local 35 administrator may approve a shorter term for an initial lease between 36 the tenant and the dwelling unit owner if the housing access voucher 37 local administrator determines that such shorter term would improve 38 housing opportunities for the tenant and if such shorter term is consid- 39 ered to be a prevailing local market practice; 40 2. that the dwelling unit owner shall offer leases to tenants assisted 41 under this article that: 42 (a) are in a standard form used in the locality by the dwelling unit 43 owner; and 44 (b) contain terms and conditions that: 45 (i) are consistent with state and local law; and 46 (ii) apply generally to tenants in the property who are not assisted 47 under this article; 48 (c) shall provide that during the term of the lease, the owner shall 49 not terminate the tenancy except for serious or repeated violation of 50 the terms and conditions of the lease, for violation of applicable state 51 or local law, or for other good cause, including, but not limited to, 52 the non-payment of the tenant's portion of the rent owed, and in the 53 case of an owner who is an immediate successor in interest pursuant to 54 foreclosure during the term of the lease vacating the property prior to 55 sale shall not constitute other good cause, except that the owner mayS. 4006--B 100 1 terminate the tenancy effective on the date of transfer of the unit to 2 the owner if the owner: 3 (i) will occupy the unit as a primary residence; and 4 (ii) has provided the tenant a notice to vacate at least ninety days 5 before the effective date of such notice; 6 (d) shall provide that any termination of tenancy under this section 7 shall be preceded by the provision of written notice by the owner to the 8 tenant specifying the grounds for that action, and any relief shall be 9 consistent with applicable state and local law; 10 3. that any unit under an assistance contract originated under this 11 article shall only be occupied by the individual or family designated in 12 said contract and shall be the designated individual or family's primary 13 residence. Contracts shall not be transferable between units and shall 14 not be transferable between recipients. A family or individual may 15 transfer their voucher to a different unit under a new contract pursuant 16 to this article; 17 4. that an owner shall not charge more than a reasonable rent as 18 defined in section six hundred six of this article. 19 § 612. Rental obligation. The monthly rental obligation for an indi- 20 vidual or family receiving housing assistance pursuant to the housing 21 access voucher program shall be the greater of: 22 1. thirty percent of the monthly adjusted income of the family or 23 individual; or 24 2. If the family or individual is receiving payments for welfare 25 assistance from a public agency and a part of those payments, adjusted 26 in accordance with the actual housing costs of the family, is specif- 27 ically designated by that agency to meet the housing costs of the fami- 28 ly, the portion of those payments that is so designated. These payments 29 include, but are not limited to any shelter assistance or housing 30 assistance administered by any federal, state or local agency. 31 § 613. Monthly assistance payment. 1. The amount of the monthly 32 assistance payment with respect to any dwelling unit shall be the 33 difference between the maximum monthly rent which the contract provides 34 that the owner is to receive for the unit and the rent the individual or 35 family is required to pay under section six hundred twelve of this arti- 36 cle. 37 2. The commissioner shall establish maximum rent levels for different 38 sized rentals in each rental area in a manner that promotes the use of 39 the program in all localities based on the fair market rent of the 40 rental area. Rental areas shall be determined by the commissioner. The 41 commissioner may rely on data or other information promulgated by any 42 other state or federal agency in determining the rental areas and fair 43 market rent. 44 3. The payment standard for each size of dwelling unit in a rental 45 area shall not be less than ninety percent and shall not exceed one 46 hundred twenty percent of the fair market rent established in section 47 six hundred six of this article for the same size of dwelling unit in 48 the same rental area, except that the commissioner shall not be required 49 as a result of a reduction in the fair market rent to reduce the payment 50 standard applied to a family continuing to reside in a unit for which 51 the family was receiving assistance under this article at the time the 52 fair market rent was reduced. 53 § 614. Inspection of units. Inspection of units shall be conducted 54 pursuant to the procedures and standards of the Federal Housing Choice 55 voucher program, as set forth in the applicable sections of Part 982 of 56 Title 24 of the Code of Federal Regulations.S. 4006--B 101 1 § 615. Rent. 1. The rent for dwelling units for which a housing 2 assistance payment contract is established under this article shall be 3 reasonable in comparison with rents charged for comparable dwelling 4 units in the private, unassisted local market. 5 2. A housing access voucher local administrator (or other entity, as 6 provided in section six hundred seventeen of this article) may, at the 7 request of an individual or family receiving assistance under this arti- 8 cle, assist that individual or family in negotiating a reasonable rent 9 with a dwelling unit owner. A housing access voucher local administrator 10 (or other such entity) shall review the rent for a unit under consider- 11 ation by the individual or family (and all rent increases for units 12 under lease by the individual or family) to determine whether the rent 13 (or rent increase) requested by the owner is reasonable. If a housing 14 access voucher local administrator (or other such entity) determines 15 that the rent (or rent increase) for a dwelling unit is not reasonable, 16 the housing access voucher local administrator (or other such entity) 17 shall not make housing assistance payments to the owner under this 18 subdivision with respect to that unit. 19 3. If a dwelling unit for which a housing assistance payment contract 20 is established under this article is exempt from local rent control 21 provisions during the term of that contract, the rent for that unit 22 shall be reasonable in comparison with other units in the rental area 23 that are exempt from local rent control provisions. 24 4. Each housing access voucher local administrator shall make timely 25 payment of any amounts due to a dwelling unit owner under this section, 26 subject to appropriation of funds for this purpose. 27 § 616. Vacated units. If an assisted family vacates a dwelling unit 28 for which rental assistance is provided under a housing assistance 29 payment contract before the expiration of the term of the lease for the 30 unit, rental assistance pursuant to such contract may not be provided 31 for the unit after the month during which the unit was vacated. 32 § 617. Leasing of units owned by a housing access voucher local admin- 33 istrator. 1. If an eligible individual or family assisted under this 34 article leases a dwelling unit (other than a public housing dwelling 35 unit) that is owned by a housing access voucher local administrator 36 administering assistance to that individual or family under this 37 section, the commissioner shall require the unit of general local 38 government or another entity approved by the commissioner, to make 39 inspections required under section six hundred fourteen of this article 40 and rent determinations required under section six hundred fifteen of 41 this article. The housing access voucher local administrator shall be 42 responsible for any expenses of such inspections and determinations, 43 subject to the appropriation of funds for this purpose. 44 2. For purposes of this section, the term "owned by a housing access 45 voucher local administrator" means, with respect to a dwelling unit, 46 that the dwelling unit is in a project that is owned by such administra- 47 tor, by an entity wholly controlled by such administrator, or by a 48 limited liability company or limited partnership in which such adminis- 49 trator (or an entity wholly controlled by such administrator) holds a 50 controlling interest in the managing member or general partner. A dwell- 51 ing unit shall not be deemed to be owned by a housing access voucher 52 local administrator for purposes of this section because such adminis- 53 trator holds a fee interest as ground lessor in the property on which 54 the unit is situated, holds a security interest under a mortgage or deed 55 of trust on the unit, or holds a non-controlling interest in an entityS. 4006--B 102 1 which owns the unit or in the managing member or general partner of an 2 entity which owns the unit. 3 § 618. Verification of income. The commissioner shall establish proce- 4 dures which are appropriate and necessary to assure that income data 5 provided to the housing access voucher local administrator and owners by 6 individuals and families applying for or receiving assistance under this 7 article is complete and accurate. In establishing such procedures, the 8 commissioner shall randomly, regularly, and periodically select a sample 9 of families to authorize the commissioner to obtain information on these 10 families for the purpose of income verification, or to allow those fami- 11 lies to provide such information themselves. Such information may 12 include, but is not limited to, data concerning unemployment compen- 13 sation and federal income taxation and data relating to benefits made 14 available under the social security act, 42 U.S.C. 301 et seq., the food 15 and nutrition act of 2008, 7 U.S.C. 2011 et seq., or title 38 of the 16 United States Code. Any such information received pursuant to this 17 section shall remain confidential and shall be used only for the purpose 18 of verifying incomes in order to determine eligibility of individuals 19 and families for benefits (and the amount of such benefits, if any) 20 under this article. 21 § 619. Division of an assisted family. 1. In those instances where a 22 family assisted under this article becomes divided into two otherwise 23 eligible individuals or families due to divorce, legal separation or the 24 division of the family, where such individuals or families cannot agree 25 as to which such individual or family should continue to receive the 26 assistance, and where there is no determination by a court, the housing 27 access voucher local administrator shall consider the following factors 28 to determine which of the individuals or families will continue to be 29 assisted: 30 (a) which of such individuals or families has custody of dependent 31 children; 32 (b) which such individual was the head of household when the voucher 33 was initially issued as listed on the initial application; 34 (c) the composition of such individuals and families and which such 35 family includes elderly or disabled members; 36 (d) whether domestic violence was involved in the breakup of such 37 family; 38 (e) which family members remain in the unit; and 39 (f) recommendations of social services professionals. 40 2. Documentation of these factors will be the responsibility of the 41 requesting parties. If documentation is not provided, the housing access 42 voucher local administrator will terminate assistance on the basis of 43 failure to provide information necessary for a recertification. 44 § 620. Maintenance of effort. Any funds made available pursuant to 45 this article shall not be used to offset or reduce the amount of funds 46 previously expended for the same or similar programs in a prior year in 47 any county or in the city of New York, but shall be used to supplement 48 any prior year's expenditures. The commissioner may grant an exception 49 to this requirement if any county, municipality, or other governmental 50 entity or public body can affirmatively show that such amount of funds 51 previously expended is in excess of the amount necessary to provide 52 assistance to all individuals and families within the area in which the 53 funds were previously expended who are homeless or facing an imminent 54 loss of housing. 55 § 621. Vouchers statewide. Notwithstanding section six hundred eleven 56 of this article, any voucher issued pursuant to this article may be usedS. 4006--B 103 1 for housing anywhere in the state. The commissioner shall inform voucher 2 holders that a voucher may be used anywhere in the state and, to the 3 extent practicable, the commissioner shall assist voucher holders in 4 finding housing in the area of their choice. Provided further, however, 5 that a voucher must be used in the county in which it was issued, or 6 within the city of New York, if the voucher was issued within the city 7 of New York, for no less than one year before it can be used in a 8 different jurisdiction, unless the issuing housing access voucher local 9 administrator grants a waiver, or the voucher holder, or a family member 10 thereof, is or has been the victim of domestic violence, dating 11 violence, sexual assault, or stalking. 12 § 622. Applicable codes. Housing eligible for participation in the 13 housing access voucher program shall comply with applicable state and 14 local health, housing, building and safety codes. 15 § 623. Housing choice. 1. The commissioner shall administer the hous- 16 ing access voucher program under this article to promote housing choice 17 for voucher holders. The commissioner shall affirmatively promote fair 18 housing to the extent possible under this program. 19 2. Nothing in this article shall lessen or abridge any fair housing 20 obligations promulgated by municipalities, localities, or any other 21 applicable jurisdiction. 22 § 2. This act shall take effect on the ninetieth day after it shall 23 have become a law. Effective immediately, the addition, amendment and/or 24 repeal of any rule, regulation, plan or guidance document necessary for 25 the implementation of this act on its effective date are authorized to 26 be made and completed on or before such effective date; provided further 27 that any rule, regulation, plan or guidance document shall apply only to 28 those counties located outside of the city of New York. The New York 29 city department of housing preservation and development and the New York 30 city housing authority, as applicable, shall promulgate or release 31 rules, regulations, plans or guidance documents as necessary for the 32 implementation of this act within the city of New York. 33 PART HH 34 Section 1. The education law is amended by adding a new section 210-d 35 to read as follows: 36 § 210-d. Registration of curricula. 1. Notwithstanding any law, rule 37 or regulation to the contrary, any new curriculum or program of study 38 offered by any not-for-profit college or university chartered by the 39 regents or incorporated by special act of the legislature that does not 40 require a master plan amendment pursuant to section two hundred thirty- 41 seven of this part, charter amendment pursuant to section two hundred 42 sixteen of this part, or lead to professional licensure, and that is 43 approved by the state university board of trustees, the city university 44 board of trustees, or the trustees or governing body of any other not- 45 for-profit college or university chartered by the regents which (a) has 46 maintained a physical presence in the state for the immediately preced- 47 ing ten years and has been operated continuously by the same governing 48 body during the same immediately preceding ten-year period, and (b) is 49 accredited and has continued its accreditation by the Middle States 50 Commission on Higher Education or another institutional accrediting 51 agency recognized by the secretary of the United States department of 52 education or the department for the immediately preceding ten years, 53 shall be deemed registered with the department forty-five days after 54 notification of approval by such college or university's governing bodyS. 4006--B 104 1 and submission of a complete application for review. If within forty- 2 five days of submission, the department determines the new curriculum or 3 program of study to be incomplete or insufficient, a written explanation 4 shall be provided to the institution. Upon curing, the new curriculum or 5 program of study shall be deemed registered with the department thirty 6 days after resubmission, or earlier upon the department's approval. 7 2. Any not-for-profit college or university that meets the criteria 8 set forth in subdivision one of this section which has received curric- 9 ulum or program approval from the department and seeks to offer the same 10 curriculum or program in a distance learning format shall not need to 11 have such curriculum or program re-approved by the department, but shall 12 inform the department of such college's or university's intent to offer 13 such program in such format within thirty days prior to providing 14 distance learning. 15 3. If a college or university is placed on probation or has its 16 accreditation terminated by the institutional accrediting agency, such 17 college or university shall notify the regents in writing no later than 18 thirty days after receiving notice of its probationary status or loss of 19 accreditation by the institutional accrediting agency. 20 4. Any college or university which has its accreditation placed on 21 probation or terminated by the institutional accrediting agency or the 22 education department shall be subject to the commissioner's program 23 approval until it has been removed from probation or regained accredi- 24 tation by the institutional accrediting agency or the education depart- 25 ment, and shall further remain subject to such commissioner's program 26 approval until it has continued without probation for a period of not 27 less than six years. 28 5. If a college or university subject to this section intends to offer 29 or institute an additional degree or program which constitutes a 30 substantive change as defined and determined by the institutional 31 accrediting agency, then such college or university shall provide the 32 commissioner with copies of any reports or other documents filed with 33 the institutional accrediting agency as part of the institutional 34 accrediting agency's substantive change review process and shall inform 35 the commissioner when the substantive change is approved. 36 6. Any such college or university that does not satisfy all of the 37 provisions of this section shall comply with the procedures and criteria 38 established by the regents and commissioner for academic program 39 approval. Nothing in this section shall be deemed to limit the depart- 40 ment's existing authority to investigate a complaint concerning the 41 institution, or any program offered, including the authority to deregis- 42 ter the program. 43 7. The commissioner shall establish and maintain a database, accessi- 44 ble to institutions seeking curriculum or program approval, which shall 45 provide updated information on the current status of an institution's 46 submitted requests. To the extent practicable, the database shall 47 include, but is not limited to, the following information: 48 (a) acknowledgement and date of receipt of submission; 49 (b) the initial review by an office of college and university evalu- 50 ation; 51 (c) questions from the department to the specific institution and 52 receipt of answers provided by the institution in response; and 53 (d) any remarks and the final decision made by the department regard- 54 ing a curriculum's or program's approval or disapproval. 55 8. The commissioner is hereby authorized to promulgate rules and regu- 56 lations necessary for the implementation of this section.S. 4006--B 105 1 § 2. This act shall take effect on the ninetieth day after it shall 2 have become a law. Effective immediately, the addition, amendment 3 and/or repeal of any rule or regulation necessary for the implementation 4 of this act on its effective date are authorized to be made and 5 completed on or before such effective date. 6 PART II 7 Section 1. Subdivision 14 of section 131-a of the social services law, 8 as amended by section 1 of part ZZ of chapter 59 of the laws of 2018, is 9 amended to read as follows: 10 14. In determining the [need for] amount of aid provided pursuant to 11 public assistance programs, each person living with medically diagnosed 12 HIV infection [as defined by the AIDS institute of the department of13health in social services districts with a population over five million] 14 who applies for or is receiving [services through such district's admin-15istrative unit providing HIV/AIDS services,] public assistance and has 16 earned and/or unearned income, up to two hundred percent of the federal 17 poverty guidelines, shall not be required to pay more than thirty 18 percent of his or her monthly earned and/or unearned income toward the 19 cost of rent that such person has a direct obligation to pay; this 20 provision shall not apply to the amount of payment obligations for room 21 and board arrangements attributable to the provision of goods and 22 services other than living space. 23 § 2. Subdivision 15 of section 131-a of the social services law is 24 REPEALED and a new subdivision 15 is added to read as follows: 25 15. Notwithstanding the provisions of this chapter or of any other law 26 or regulation to the contrary, in determining the amount of aid provided 27 pursuant to public assistance programs, social service districts shall, 28 upon application, provide access to emergency shelter, transportation, 29 or nutrition payments which the district determines are necessary to 30 establish or maintain independent living arrangements among persons 31 living with medically diagnosed HIV infection who are homeless or facing 32 homelessness and for whom no viable and less costly alternative to hous- 33 ing is available, including HIV emergency shelter allowance payments in 34 excess of those promulgated by the office of temporary and disability 35 assistance but not exceeding an amount reasonably approximate to one 36 hundred ten percent of fair market rent as determined by the federal 37 department of housing and urban development. 38 § 3. Section 131 of the social services law is amended by adding two 39 new subdivisions 21 and 22 to read as follows: 40 21. When necessary, each local social services district shall assist 41 persons with medically diagnosed HIV infection by (i) helping to secure 42 the required documentation to determine eligibility for assistance, (ii) 43 arranging for required face-to-face interviews to be conducted during 44 home visits or at other appropriate sites, and (iii) providing referrals 45 for services as well as other resources and materials as described in 46 subdivision twenty-two of this section. 47 22. The office, in consultation with the department of health, shall 48 create, maintain, and periodically update information on the office's 49 website regarding resources and services throughout the state, including 50 the location of such services, which shall include but not be limited 51 to, community based supports, employment opportunities, and medical 52 professionals specialized in assisting such persons with medically diag- 53 nosed HIV infection to be utilized by the local social servicesS. 4006--B 106 1 districts. Such information shall also be made available on the office's 2 website. 3 § 4. Paragraphs f and (g) of subdivision 1 of section 153 of the 4 social services law, paragraph f as amended by chapter 81 of the laws of 5 1995 and paragraph (g) as amended by chapter 471 of the laws of 1980, 6 are amended and a new paragraph h is added to read as follows: 7 f. the full amount expended by any district, city, town or Indian 8 tribe for the costs, including the costs of administration of public 9 assistance and care to eligible needy Indians and members of their fami- 10 lies residing on any Indian reservation in this state, after first 11 deducting therefrom any federal funds properly received or to be 12 received on account thereof[.]; 13 [(g)] g. fifty per centum of the amount expended for substance abuse 14 services pursuant to this chapter, after first deducting therefrom any 15 federal funds properly received or to be received on account thereof. In 16 the event funds appropriated for such services are insufficient to 17 provide full reimbursement of the total of the amounts claimed by all 18 social services districts pursuant to this section then reimbursement 19 shall be in such proportion as each claim bears to such total[.]; and 20 h. notwithstanding any inconsistent provision of law, one hundred per 21 centum of safety net or family assistance expenditures, in social 22 services districts with a population of five million or fewer, for HIV 23 emergency shelter allowance payments in excess of those promulgated by 24 the office of temporary and disability assistance but not exceeding an 25 amount reasonably approximate to one hundred ten percent of fair market 26 rent as determined by the federal department of housing and urban devel- 27 opment, and for transportation or nutrition payments, which the district 28 determines are necessary to establish or maintain independent living 29 arrangements among persons living with medically diagnosed HIV infection 30 and who are homeless or facing homelessness and for whom no viable and 31 less costly alternative to housing is available, after first deducting 32 therefrom any federal funds properly received or to be received on 33 account thereof. 34 § 5. This act shall take effect on the ninetieth day after it shall 35 have become a law. 36 PART JJ 37 Section 1. Short title. This act shall be known and may be cited as 38 the "NYCHA utility accountability act". 39 § 2. Section 402-e of the public housing law is amended by adding a 40 new subdivision 5 to read as follows: 41 5. Where there is a disruption in the New York city housing authori- 42 ty's provision of heat, water, gas, or electricity service to any 43 tenant, the New York city housing authority shall, at a minimum, reduce 44 the amount of rent to be paid by such tenant for the following month by 45 the greater of either (a) seventy-five dollars per month, on a prorated 46 daily basis for each day such tenant experienced a disruption of heat, 47 water, gas, or electricity service; or (b) the amount equal to ten 48 percent of such tenant's prorated daily cost of rent for each day such 49 tenant experienced a disruption of heat, water, gas, or electricity 50 service. 51 § 3. This act shall take effect immediately. 52 PART KKS. 4006--B 107 1 Section 1. The social services law is amended by adding a new section 2 131-ss to read as follows: 3 § 131-ss. Automated identification of affordability program partic- 4 ipants. 1. Definitions. For the purposes of this section, the following 5 terms shall have the following meanings: 6 (a) "Commissioner" shall mean the commissioner of the office of tempo- 7 rary and disability assistance. 8 (b) "Affordability program participant" shall mean a household that is 9 determined to be eligible by the appropriate agency for any of the 10 following programs: 11 (i) Public assistance; 12 (ii) Supplemental security income; 13 (iii) Supplemental Nutrition Assistance Program (SNAP); 14 (iv) Low income home energy assistance program; 15 (v) Veteran's disability pension; 16 (vi) Veteran's surviving spouse pension; 17 (vii) Child health plus; 18 (viii) Lifeline; and 19 (ix) Any other income-based assistance program identified by the 20 public service commission in consultation with the office. 21 (c) "Office" shall mean the office of temporary disability assistance. 22 (d) "Utility corporation" shall mean a corporation regulated pursuant 23 to article two of the public service law. 24 (e) "Utility corporation energy affordability programs" shall be 25 defined by the public service commission and shall include programs 26 which are intended to assist customers with energy affordability by 27 reducing customers' energy burden. 28 2. Within one hundred eighty days of the effective date of this 29 section, the commissioner shall establish a statewide program to provide 30 for automated identification of eligible affordability program partic- 31 ipants for participation in utility corporation energy affordability 32 programs. 33 3. The office shall engage with utility corporations to establish 34 automated file matching mechanisms that will provide, via electronic 35 means, to utility corporations a list of eligible affordability program 36 participants within the utility corporation's service territory. 37 4. The office shall conduct automated file matching to identify utili- 38 ty corporation customer accounts that are also affordability program 39 participants and such information shall be provided to utility corpo- 40 rations no less than semi-annually. Utility corporation customer 41 accounts identified by the office as eligible for participation in 42 available utility corporation energy affordability programs as a result 43 of such file matching shall be enrolled in such programs within sixty 44 days of receipt of the office communicating the results of the automated 45 file matching to the utility corporation. Any information provided to 46 the utility corporations related to affordability program participants 47 pursuant to this section shall be redacted as necessary to protect any 48 information that is protected under any state or federal privacy laws, 49 kept confidential, and shall only be utilized for the purpose of 50 confirming eligibility in the utility corporation energy affordability 51 program. 52 5. Upon automatic enrollment, the commissioner shall further notify 53 the affordability program participants of other programs that such 54 participants are eligible for, and to the extent permissible by state 55 and federal law, shall develop systems and procedures to obtain consentS. 4006--B 108 1 for automatic enrollment into any of the programs listed in paragraph 2 (b) of subdivision one of this section. 3 6. The commissioner may adopt, on an emergency basis pursuant to arti- 4 cle two of the state administrative procedure act, any rules necessary 5 to carry out the provisions of this article. 6 7. The commissioner may delegate the administration of any portion of 7 this program to any state agency, city, county, town, contractor or 8 non-profit organization in accordance with the provisions of this arti- 9 cle and applicable federal requirements. Provided however, such privacy 10 and confidentiality limitations prescribed in subdivision four of this 11 section shall apply to any entity that the commissioner delegates the 12 administration of the program to. 13 § 2. This act shall take effect immediately. 14 PART LL 15 Section 1. The state finance law is amended by adding a new section 16 99-qq to read as follows: 17 § 99-qq. New York state youth sports initiative grants fund. 1. A 18 special fund to be known as the "New York state youth sports initiative 19 grants fund" is hereby established in the custody of the state comp- 20 troller and the commissioner of children and family services. 21 2. The fund shall consist of all monies appropriated for its purpose, 22 all monies transferred to such fund pursuant to law, all monies required 23 by this section or any other provision of law to be paid into or credit- 24 ed to the fund and any interest earnings which may accrue from the 25 investment of monies in the fund. Nothing contained herein shall prevent 26 the comptroller or commissioner of children and family services from 27 receiving grants, gifts or bequests for the purposes of the fund as 28 defined in this section and depositing them into the fund according to 29 law. 30 3. Monies of the fund, when allocated, shall be available to make 31 grants to eligible not-for-profit youth sports organizations. Not-for- 32 profit youth sports organizations shall be chosen by the commissioner of 33 children and family services for such grants based on criteria estab- 34 lished by the commissioner of children and family services for such 35 purpose. 36 4. Monies shall be payable from the fund on the audit and warrant of 37 the comptroller on vouchers approved and certified by the commissioner 38 of children and family services. 39 5. The commissioner of children and family services shall promulgate 40 any rules and regulations necessary to carry out the provisions of this 41 section. 42 6. Additionally, the commissioner of children and family services 43 shall submit a report to the governor, the temporary president of the 44 senate and the speaker of the assembly, prior to, but in no event later 45 than, December thirty-first, in the year following the effective date of 46 this section, and annually thereafter, which shall include, but not be 47 limited to: 48 (a) financial reports of the grants fund operations established pursu- 49 ant to this section; 50 (b) an analysis of the grants fund's ability to provide such youth 51 sports initiative grants; 52 (c) recommendations on the continuation of such grants and the need 53 for fund expansion, if appropriate; 54 (d) profiles of the grant recipients; andS. 4006--B 109 1 (e) other information deemed necessary by the commissioner of educa- 2 tion. 3 7. (a) No applicant for a grant provided for under this section shall 4 knowingly: (i) make a false statement or representation concerning a 5 material fact; (ii) submit false information concerning a material fact; 6 or (iii) conceal a material fact, on an application to obtain a grant 7 provided for under this section. 8 (b) Any applicant who is found by the commissioner of children and 9 family services, after notice and an administrative hearing, to have 10 received a grant provided for under this section based upon an applica- 11 tion which violated paragraph (a) of this subdivision shall be subject 12 to a civil penalty not to exceed two hundred fifty dollars. 13 § 2. This act shall take effect immediately. 14 PART MM 15 Section 1. Paragraphs (d) and (e) of subdivision 1 of section 410-w of 16 the social services law, as amended by section 2 of part L of chapter 56 17 of the laws of 2022, are amended and a new paragraph (f) is added to 18 read as follows: 19 (d) families with incomes up to two hundred percent of the state 20 income standard, or three hundred percent of the state income standard 21 effective August first, two thousand twenty-two, who are attending a 22 post secondary educational program; provided, the family income does not 23 exceed eighty-five percent of the state median income; [and] 24 (e) other families with incomes up to two hundred percent of the state 25 income standard, or three hundred percent of the state income standard 26 effective August first, two thousand twenty-two, which the social 27 services district designates in its consolidated services plan as eligi- 28 ble for child care assistance in accordance with criteria established by 29 the department; provided, the family income does not exceed eighty-five 30 percent of the state median income[.]; and 31 (f) families receiving child care assistance under a presumptive 32 eligibility standard, pursuant to subdivision three-a of this section. 33 § 2. Section 410-w of the social services law is amended by adding a 34 new subdivision 3-a to read as follows: 35 3-a. (a) A social services district shall utilize a presumptive eligi- 36 bility standard to provide child care assistance to families in need. 37 (b) Upon application for child care assistance, with included documen- 38 tation required by a local social services district, a family shall be 39 presumed eligible for such assistance for a period of thirty to sixty 40 days. A local social services district shall make eligibility determi- 41 nations within thirty to sixty days, to ensure applicants meet necessary 42 criteria for continued assistance. 43 (c) If a social services district has not made eligibility determi- 44 nations after a period of thirty to sixty days has elapsed, a family 45 shall continue to be presumed eligible for assistance. For eligibility 46 determinations made after such a period has elapsed, the local social 47 services district shall utilize local funds for such assistance during 48 the period of presumed eligibility. 49 (d) If a family has been determined to be presumptively eligible for 50 child care assistance, pursuant to this subdivision, and is subsequently 51 determined to be ineligible for such assistance, the commissioner, on 52 behalf of the state and the local social services district shall have 53 the authority to recoup from the individual the sums expended for such 54 assistance during the period of presumed eligibility.S. 4006--B 110 1 (e) A social services district shall provide child care assistance to 2 families under a presumptive eligibility standard, using child care 3 block grant funds, pursuant to paragraph (f) of subdivision one of this 4 section. 5 § 3. This act shall take effect on the one hundred eightieth day after 6 it shall have become a law. 7 PART NN 8 Section 1. The education law is amended by adding a new section 6912 9 to read as follows: 10 § 6912. Clinical education in New York state nursing education 11 programs. 1. For purposes of this section, "simulation experience" 12 shall mean planned learning experiences that represent actual or poten- 13 tial situations in clinical nursing practice and adhere to the standards 14 of this section. Such learning experiences allow participants to develop 15 or enhance clinical nursing competencies and provide an opportunity to 16 analyze and respond to realistic situations in a simulated environment. 17 2. New York state certificate and degree programs registered by the 18 department for the purposes of meeting the education requirements set 19 forth in this article shall include clinical education, or the equiv- 20 alent as defined and determined by the commissioner pursuant to regu- 21 lation. 22 3. Registered programs may deliver one-third of such clinical training 23 or clinical education through simulation experience as defined in this 24 section and in accordance with the commissioner's regulations, provided, 25 however, nothing in this section shall reduce the minimum in-person or 26 direct care requirements established by programmatic accreditors and 27 certifying bodies. To meet a particular educational need the commission- 28 er may approve that more than one-third of such clinical training or 29 clinical education may be met through simulation experience as defined 30 in this section and in accordance with the commissioner's regulations. 31 4. The commissioner shall prescribe in regulation an expedited process 32 for programs seeking a curricular change to implement simulation experi- 33 ences. For programs that are not in substantial compliance with depart- 34 ment program requirements, the department may request additional infor- 35 mation and materials, in accordance with the commissioner's regulations. 36 The department shall act upon a program's submission to implement simu- 37 lation experiences within twenty business days of receipt of a complete 38 and properly submitted form. 39 5. Simulation experience acceptable to the department for the purposes 40 of clinical training or clinical education shall: 41 (a) be designed, guided and supervised by program faculty and program 42 staff with appropriate and relevant training, certification or accredi- 43 tation, who may be assisted or supported by experts in simulation, in a 44 nursing skills or clinical simulation laboratory setting; 45 (b) include continued professional development opportunities for 46 program faculty and program staff in simulation methods and best prac- 47 tices; 48 (c) utilize theory-based, evidence-based, and standards-driven pedago- 49 gy; 50 (d) require active student engagement in guided skills practice with 51 instructional feedback; 52 (e) include formative and summative assessments of well-articulated 53 competencies appropriate to the role and responsibilities of the lear- 54 ner;S. 4006--B 111 1 (f) use various types of fidelity through equipment and practice to 2 replicate substantial aspects of clinical nursing practice and utilize 3 relevant equipment and technologies as appropriate to the desired learn- 4 ing outcomes; 5 (g) maintain continued compliance with the standards of program regis- 6 tration; and 7 (h) respond to innovations or emerging educational needs, pursuant to 8 regulation. 9 § 2. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law. Effective immediately, the addition, amend- 11 ment, and/or repeal of any rule or regulation necessary for the imple- 12 mentation of this act on its effective date are authorized to be made 13 and completed on or before such effective date. 14 PART OO 15 Section 1. Short title. This act shall be known and may be cited as 16 the "special joint legislative commission on affordable housing act". 17 § 2. Legislative findings and intent. The legislature hereby finds and 18 declares that New York State and its localities have made significant 19 investments in the development and preservation of affordable housing in 20 recent years, including the implementation of landmark, statewide spend- 21 ing plans targeting various types of housing and those populations most 22 in need of affordable and supportive options. While the state has made 23 progress toward achieving housing goals, additional initiatives are 24 needed to address affordable housing shortages. The purpose of this 25 commission is to examine the overall effectiveness of existing programs 26 that prioritize housing stability and the preservation and development 27 of affordable housing. This commission will also allow the legislature 28 to hear from a broad array of housing stakeholders in order to identify 29 methods to improve existing programs as well as implement new strategies 30 to increase the supply and production of affordable housing units across 31 the state. 32 § 3. Special joint legislative commission on affordable housing. 1. 33 There is hereby created in the division of housing and community renewal 34 a special joint legislative commission on affordable housing. The 35 commission shall consist of twenty-five members: (a) the chief housing 36 officer of the city of New York, or their designee; (b) eight members to 37 be appointed by the governor including (i) the commissioner of the divi- 38 sion of housing and community renewal, or their designee, (ii) the 39 commissioner of the office of temporary and disability assistance, or 40 their designee, (iii) the superintendent of the department of financial 41 services, or their designee, and (iv) five members with experience work- 42 ing with issues related to affordable housing; (c) eight members to be 43 appointed by the temporary president of the senate including (i) a 44 tenants' rights advocate with experience in providing legal services to 45 tenants, (ii) a representative of building service or construction 46 trades, (iii) a real estate trade association representative, (iv) one 47 member of the New York state senate, and (v) four members with experi- 48 ence working with issues related to affordable housing; (d) eight 49 members to be appointed by the speaker of the assembly including (i) a 50 tenants' rights advocate with experience in providing legal services to 51 tenants, (ii) a representative of building service or construction 52 trades, (iii) a real estate trade association representative, (iv) one 53 member of the New York state assembly, and (v) four members with experi- 54 ence working with issues related to affordable housing.S. 4006--B 112 1 2. The commissioner of the division of housing and community renewal 2 shall serve, ex officio, as the chair of the commission. A member of 3 the senate appointed to the commission by the temporary president of the 4 senate and a member of the assembly appointed to the commission by the 5 speaker of the assembly shall be designated by each to serve as the 6 co-chairs of the commission. In appointing members to the commission, 7 appointing authorities shall ensure that such members, as a group, 8 represent diverse perspectives relevant to the duties of the commission 9 and shall represent the geographic diversity of the state. 10 3. The members of the commission shall serve at the pleasure of their 11 appointing authority. Any vacancy that occurs in the commission shall be 12 filled in the same manner in which the original appointment was made. No 13 member of the commission shall be disqualified from holding any other 14 public office or employment, nor shall he or she forfeit any such office 15 or employment by reason of his or her appointment hereunder, notwith- 16 standing the provisions of any general, special, or local law, ordi- 17 nance, or city charter. 18 4. The members of the commission, except those who serve ex officio, 19 shall be allowed their actual and necessary expenses incurred in the 20 performance of their duties under this act but shall receive no addi- 21 tional compensation for services rendered pursuant to this act. 22 5. The commission, on call of the chair, shall meet in-person or via 23 electronic means at least monthly and at such other times as may be 24 necessary. The commission may establish rules and procedures regarding 25 conduct of its meetings and other affairs. A quorum shall be necessary 26 for the conduct of official business by the commission or any committee 27 or subcommittee thereof. Unless otherwise provided by law, fifty percent 28 or more of the appointed members of the commission or any committee, 29 when applicable, shall constitute a quorum. The commission may estab- 30 lish committees and subcommittees. 31 6. The division of housing and community renewal shall provide tech- 32 nical assistance and data to the commission as may be necessary for the 33 commission to carry out its responsibilities pursuant to this section. 34 To the maximum extent feasible, the commission shall be entitled to 35 request and receive and shall utilize and be provided with such facili- 36 ties, resources and data of any department, division, board, bureau, 37 committee, agency or public authority of the state or any political 38 subdivision thereof as it may reasonably request to properly carry out 39 its powers and duties pursuant to this act. 40 7. Appointments to the commission shall be made no later than thirty 41 days after the effective date of this act. 42 8. Any vacancy in the commission shall not affect the powers of the 43 commission, and shall be filled in the same manner as the original 44 appointment. 45 9. The commission shall meet not later than thirty days after the date 46 on which a majority of the members of the commission have been 47 appointed. 48 § 4. Definitions. As used in this act, the following terms shall have 49 the following meanings: 50 1. "Affordable housing" means a dwelling unit that does not cost-bur- 51 den an extremely low income household, a very low income household, a 52 low income household, a moderate income household, or a middle income 53 household, as the case may be. 54 2. "Low income housing" and "public housing" shall have the same mean- 55 ings given to those terms in 42 U.S.C. 1437a (b).S. 4006--B 113 1 3. "Commissioner" means the commissioner of the division of housing 2 and community renewal. 3 4. "Rural" or "rural area" means any open county, or any place, town, 4 village, or city which is not part of or associated with an urban area 5 and which: 6 (a) has a population not in excess of twenty-five hundred residents; 7 (b) has a population in excess of twenty-five hundred residents but 8 not in excess of ten thousand residents if such area is rural in nature; 9 or 10 (c) has a population in excess of ten thousand residents but not in 11 excess of twenty thousand residents, and is not contained within a stan- 12 dard metropolitan statistical area. 13 5. "Urban" or "urban area" means an area as designated by the United 14 States census bureau having a population of five thousand or more and 15 not within any urbanized area, within boundaries to be fixed by state 16 and local officials in cooperation with each other. Such boundaries 17 shall encompass, at a minimum, the entire urban area as designated by 18 the United States census bureau. 19 6. "Urbanized area" means an area with a population of fifty thousand 20 or more designated by the United States census bureau, within boundaries 21 to be fixed by state and local officials in cooperation with each other. 22 Such boundaries shall encompass, at a minimum, the entire urbanized area 23 as designated by the United States census bureau. 24 7. "Suburb" or "suburban area" means a mixed-use or residential area, 25 existing either as part of a city or urban area, or as a separate resi- 26 dential community that is not an urban area within commuting distance of 27 a city. 28 8. "Middle income household" means a household that has an income of 29 more than one hundred twenty percent of the area median income but no 30 more than one hundred sixty percent of the area median income, adjusted 31 for the size of the household, as determined by the United States 32 department of housing and urban development. 33 9. "Moderate income household" means a household income of more than 34 eighty percent of the area median income but no more than one hundred 35 twenty percent of the area median income, adjusted for the size of the 36 household, as determined by the United States department of housing and 37 urban development. 38 10. "Low income household" means a household income of more than fifty 39 percent of the area median income but no more than eighty percent of the 40 area median income, adjusted for the size of the household, as deter- 41 mined by the United States department of housing and urban development. 42 11. "Very low income household" means a household income of more than 43 thirty percent of the area median income but no more than fifty percent 44 of the area median income, adjusted for the size of the household, as 45 determined by the United States department of housing and urban develop- 46 ment. 47 12. "Extremely low income household" means income not in excess of 48 thirty percent of the area median income, adjusted for the size of the 49 household, as determined by the United States department of housing and 50 urban development. 51 § 5. Duties and responsibilities of the commission. 1. The mission of 52 the commission is to make specific recommendations to the legislature on 53 how to preserve and maintain existing affordable housing, to support the 54 development of new affordable housing in the state of New York, to 55 strengthen and grow diverse and stable communities, and to maximize theS. 4006--B 114 1 impact of private, state, local and federal resources by ensuring long 2 term affordability. 3 2. The commission shall: 4 (a) evaluate and measure access to affordable housing for extremely 5 low income, very low income, low income, moderate income, and median 6 income households in urban, rural and suburban areas across the state, 7 including, but not limited to, single family homes with four units or 8 less, multiple residences, multiple dwellings, public housing accommo- 9 dations, and mobile and manufactured homes; 10 (b) evaluate and quantify the costs incurred by other state, and local 11 programs due to a lack of affordable housing; 12 (c) evaluate and make recommendations to the legislature on how to 13 address affordable housing access for higher need populations, including 14 but not limited to people of color, veterans, persons with disabilities, 15 independent seniors, workforce and public servants, single parents and 16 kinship care, and extremely low income households; 17 (d) evaluate and make recommendations to the legislature on how to 18 address affordable housing access across the state, by geography, 19 region, size of localities, and proximity to public transportation; 20 (e) evaluate and make recommendations to the legislature on how to use 21 affordable housing to improve the effectiveness of state, and local 22 programs and improve life outcomes including, but not limited to, great- 23 er income stability, better education and physical and mental health 24 outcomes for adults and children; 25 (f) evaluate and make recommendations to the legislature on how to 26 support the development of more affordable housing, preserve existing 27 affordable housing and how to use affordable housing to improve the 28 effectiveness of state and local programs and improve life outcomes for 29 individuals living in New York; 30 (g) evaluate and make recommendations to the legislature on real prop- 31 erty tax assessments, abatement and exemption incentives to support the 32 development of more affordable housing and preserve existing affordable 33 housing, and homeowner assistance; 34 (h) evaluate and make recommendations to the legislature on eviction 35 protections, stabilizing rents, and the impact short term rentals have 36 on housing vacancy rates; 37 (i) evaluate and make recommendations to the legislature on labor and 38 worker concerns during the construction and post-construction phases of 39 affordable housing development, including wages, work-site safety, and 40 employment protections; 41 (j) evaluate and make recommendations to the legislature on zoning 42 laws and rules and land use restrictions, housing density and accessory 43 dwelling units, vacant property conversions, and transit oriented 44 affordable housing development; 45 (k) evaluate and make recommendations to the legislature on Federal 46 housing and urban development section 8 and section 9 public housing 47 programs, housing assistance vouchers and supplemental payments; 48 (l) evaluate and make recommendations to the legislature on affordable 49 homeownership opportunities, foreclosure prevention, rehabilitation and 50 restoration options, demolition and reconstruction, new construction, 51 and down payment assistance; 52 (m) evaluate and make recommendations to the legislature on fair hous- 53 ing, housing equity and inclusion, and reversing the residual effects of 54 redlining; andS. 4006--B 115 1 (n) evaluate and make recommendations to the legislature on the 2 conversion of existing vacant or blighted property into affordable or 3 supportive housing. 4 3. The commission shall utilize any available survey and statistical 5 data related to the purpose of the commission to complete comprehensive 6 reports that evaluate and quantify the impact that a lack of affordable 7 housing has on current conditions and future life outcomes for individ- 8 uals living in New York, including: 9 (a) education; 10 (b) employment; 11 (c) income level; 12 (d) disability, and physical and mental health; 13 (e) nutrition; 14 (f) access to transportation; 15 (g) the poverty level of the neighborhood in which individuals live; 16 (h) geographical location and access to public transportation; 17 (i) regional economic growth; 18 (j) home ownership; 19 (k) neighborhood and rural community stability and revitalization; and 20 (l) other areas of life and future life outcomes related to the 21 purpose of the commission necessary to complete a comprehensive report. 22 4. The commission may request and shall receive any and all informa- 23 tion from any other state or local agency the commission considers 24 necessary to carry out this act. 25 5. The commission may hold such hearings, take such testimony and 26 receive such evidence as the commission considers advisable to carry out 27 this act. The commission shall also hold at least one public hearing in 28 the city of New York and two public hearings outside of the city of New 29 York in different regions of the state. 30 6. Reports and recommendations to the legislature by the commission 31 shall be submitted to the legislature annually, the first report shall 32 be due no later than December 31, 2023. 33 § 6. This act shall take effect immediately and shall expire and be 34 deemed repealed one year after the date on which all members of the 35 commission are first appointed pursuant to section three of this act; 36 provided that the co-chairs of the commission shall jointly notify the 37 legislative bill drafting commission upon the occurrence of such 38 appointments in order that the commission may maintain an accurate and 39 timely effective data base of the official text of the laws of the state 40 of New York in furtherance of effectuating the provisions of section 44 41 of the legislative law and section 70-b of the public officers law. 42 PART PP 43 Section 1. Legislative intent. The State University of New York 44 ("SUNY") has committed to becoming the most inclusive university system 45 in the country, where all students, faculty, and staff feel welcome and 46 supported. To meet this goal, SUNY must employ, in addition to faculty 47 and staff, leaders at the highest levels who share common experiences 48 and culture with those who comprise the fastest-growing segment of its 49 student population: diverse students who will become the nation's next 50 generation of leaders. 51 SUNY has seen a steady increase of Black students in recent years, 52 reaching nearly 11 percent, or over 42,000 students, in the 2019-2020 53 academic year. While SUNY continues its efforts to ensure that campus 54 leadership and faculty reflect the students they serve by hiring facultyS. 4006--B 116 1 who are more representative of the diverse student population at SUNY 2 campuses, the diversity within executive leadership teams on many 3 campuses can be expanded further with support from the legislature. 4 It is, therefore, the intention of the legislature to create a Black 5 Leadership Institute ("the Institute") as an initiative for Black lead- 6 ers in higher education with a mission to retain and grow from within 7 SUNY a greater proportion of Black professionals at SUNY campuses. The 8 Institute shall offer support and foster professional development for 9 candidates for senior leadership roles on SUNY campuses, which will, in 10 turn, create a more diverse SUNY culture that represents New York state 11 and the SUNY student population. 12 The legislature further intends that the Institute would be designed 13 to open doors to executive-level positions and strengthen the Universi- 14 ty's pool of Black leaders. The Institute will identify, develop, and 15 recruit, and ultimately support, retain, and foster the success of Black 16 leaders across the SUNY system. 17 § 2. The education law is amended by adding a new section 362 to read 18 as follows: 19 § 362. Black leadership institute. 1. Subject to an appropriation for 20 this purpose, the chancellor of the state university of New York, in 21 consultation with the board of trustees of the state university of New 22 York, shall create a Black Leadership Institute within the state univer- 23 sity of New York to foster the success of Black leaders at the universi- 24 ty president and president's cabinet level. Such institute shall develop 25 candidate identification and recruitment efforts, search committee 26 training, professional development and individualized support measures 27 for institute participants, professional assistance programming, 28 services, research and resource identification activities, and any other 29 programs deemed necessary to effectuate the intent of this institute. 30 2. The chancellor shall appoint an executive director and an eight 31 member advisory council, to provide guidance and advice to further the 32 development and growth of the institute. The director and the members of 33 the advisory council shall serve for three-year terms, with the director 34 and three advisory council members appointed in the first year of the 35 institute's existence, three other members appointed in the second year, 36 and two members appointed in the third year. The director and advisory 37 council members may be reappointed at the end of each term in the manner 38 of the original appointment. The director and advisory council shall 39 receive no compensation for their work in conjunction with the insti- 40 tute. 41 3. In considering measures and programming for effectuating the 42 purpose of the institute, the institute shall consider such factors as 43 program cost-effectiveness; the ability of such programs to offer 44 programmatically appropriate, long-term, training, and support services; 45 the ability of such programs to enable individuals to participate in the 46 institute to receive rewarding training, services, and supports; and 47 current and projected employment data at campuses within the state 48 university system. 49 4. The executive director shall prepare and present to the governor, 50 the speaker of the assembly, and the majority leader of the senate at 51 the beginning of each regular session of the legislature a separate 52 report covering, in summary, and in detail, all phases of activity of 53 the institute for the immediately preceding fiscal year. 54 § 3. This act shall take effect on the first of April next succeeding 55 the date on which it shall have become a law.S. 4006--B 117 1 PART QQ 2 Section 1. Subdivisions 2, 5 and 6 of section 352-a of the education 3 law, as added by section 1 of part F of chapter 83 of the laws of 2002, 4 are amended to read as follows: 5 2. (a) Maritime college shall have a total of two hundred eighty-four 6 vacancy positions set aside for applicants who are nominated by the 7 governor, a state senator or a member of the assembly. Such vacancy 8 nominations shall increase or decrease based upon the number of senate 9 districts authorized pursuant to article three of the New York state 10 constitution. An applicant who receives such a nomination, is accepted 11 for admission into the college and participates in the regimental 12 program shall receive a [tuition] scholarship equal to the amount of the 13 state tuition charge [after the deduction of any available grant aid] 14 for the four consecutive years following his or her admission into the 15 program provided, however, that the student remains in the 16 regimental/cadet degree program and remains at all times in good academ- 17 ic standing as determined by the maritime college administration. In no 18 event shall a student lose his or her scholarship based upon legislative 19 reapportionment or changes in legislative composition or membership. 20 Nothing herein shall be construed to limit or reduce the number of 21 vacancies available to the general population. 22 (b) To be eligible to receive such nomination and [tuition] scholar- 23 ship, the applicant must be a resident of the state. For purposes of 24 this section, a state resident shall be defined as a person who has 25 resided in the state of New York for a period of at least one year prior 26 to the time of nomination, is a graduate or within one year of gradu- 27 ation from an approved high school or has attained a New York state high 28 school equivalency diploma or its equivalent as determined by the 29 commissioner. 30 5. The [tuition] scholarships authorized by this section shall be made 31 available so long as funds are made available for such purposes. 32 6. Any individual receiving a [tuition] scholarship pursuant to this 33 section shall apply for all other available state, federal, or other 34 educational grant aid at the time of enrollment. Any grant aid or finan- 35 cial assistance received shall be utilized to offset the cost of tuition 36 to the maximum extent possible[, except that nothing shall require that37aid or assistance received which]. Maritime admissions scholarships may 38 be used towards educational costs other than that of tuition [shall be39applied toward the cost of tuition]. 40 § 2. This act shall take effect immediately. 41 PART RR 42 Section 1. Subparagraph (ii) of paragraph a of subdivision 3 of 43 section 667 of the education law, as amended by section 1 of part B of 44 chapter 60 of the laws of 2000, is amended to read as follows: 45 (ii) Except for students as noted in subparagraph (iii) of this para- 46 graph, the base amount as determined from subparagraph (i) of this para- 47 graph, shall be reduced in relation to income as follows: 48 Amount of income Schedule of reduction 49 of base amount 50 (A) Less than seven thousand NoneS. 4006--B 118 1 dollars 2 (B) Seven thousand dollars or Seven per centum of excess 3 more, but less than eleven over seven thousand dollars 4 thousand dollars 5 (C) Eleven thousand dollars or Two hundred eighty dollars 6 more, but less than eighteen plus ten per centum of excess 7 thousand dollars over eleven thousand dollars 8 (D) Eighteen thousand dollars or Nine hundred eighty dollars 9 more, but not more than [eighty]plus twelve per centum of 10 one hundred ten excess over eighteen 11 thousand dollars thousand dollars 12 § 2. This act shall take effect June 1, 2024. 13 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 14 sion, section or part of this act shall be adjudged by any court of 15 competent jurisdiction to be invalid, such judgment shall not affect, 16 impair, or invalidate the remainder thereof, but shall be confined in 17 its operation to the clause, sentence, paragraph, subdivision, section 18 or part thereof directly involved in the controversy in which such judg- 19 ment shall have been rendered. It is hereby declared to be the intent of 20 the legislature that this act would have been enacted even if such 21 invalid provisions had not been included herein. 22 § 3. This act shall take effect immediately provided, however, that 23 the applicable effective date of Parts A through RR of this act shall be 24 as specifically set forth in the last section of such Parts.
