Bill Text: NY S08306 | 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 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to calculation of foundation aid; relates to allowable transportation expenses; directs a foundation aid formula study by the Nelson A. Rockefeller institute; relates to transportation aid under the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; establishes the New York state zero-emission bus resource center; relates to requirements under academic enhancement aid; relates to high tax aid; relates to universal prekindergarten and the Statewide universal full-day pre-kindergarten program; directs a study on consolidation of prekindergarten funding; relates to implementation of the smart schools bond act of 2014; relates to special apportionments and grants-in-aid to school districts; extends the teachers of tomorrow teacher recruitment and retention program; relates to maximum class sizes for special classes for certain students with disabilities; extends chapter 82 of the laws of 1995; extends funding a program for work force education conducted by the consortium for worker education in New York city; relates to the financing of charter schools; relates to funding for employment preparation education programs; extends the date for the submission of recommendations of a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding; extends certain provisions relating to the 1994-95 budgets; extends certain provisions relating to census reporting; provides for special apportionment for salary expenses; relates to a state subsidy for free and reduced school lunches; provides for special apportionment for public pension accruals; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds salary expenses; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; repeals certain provisions relating to phase-in foundation increase and foundation aid (Part A); directs the commissioner of education to establish evidence-based reading instructional best practices for students attending prekindergarten through grade three (Part B); directs the commissioner of education to require school districts to obtain documentation that the student or the parent or guardian of such student complete and submit the free application for federal student aid for such student or complete a waiver form promulgated by the department of education; requires school districts issue annual reports on students completing the FAFSA and the waiver (Part C); relates to the eligibility for restricted aid to independent colleges and universities (Part D); extends provisions of the NY-SUNY 2020 challenge grant program (Part F); extends certain provisions relating to restructuring financing for residential school placements (Part G); increases the amounts of monthly need for aged, blind and disabled persons living in the community (Part H); grants thirty minutes paid break time for an employee to express breast milk (Part J); provides for the expiration and repeal of certain provisions relating to sick leave and employee benefit requirements pursuant to a mandatory or precautionary order of quarantine or isolation due to COVID-19, on July 31, 2025 (Part M); 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 N); relates to the crime of deed theft; authorizes the attorney general to prosecute crimes involving deed theft; relates to the partition of heirs property; relates to allowing transfer on death deeds (Part O); authorizes a city of one million or more to remove the cap on the floor area ratio of certain dwellings, in accordance with local zoning laws, ordinances or resolutions (Part Q); relates to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more; defines terms; provides that a new eligible multiple dwelling, except a hotel, shall receive a benefit of being exempt from real property taxation (Part R); establishes a program to address the legalization of specified basement and cellar dwelling units; relates to the conversion of other specified basement and cellar dwelling units in a city with a population of one million or more (Part S); defines eligible multiple dwelling under the affordable New York housing program; includes a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion which complies with certain affordability options, and which the commencement date is after December 31, 2015 and on or before June 15, 2022, and for which the completion date is on or before June 15, 2031 in such definition (Part T); establishes the affordable neighborhoods for New Yorkers tax incentive to provide a real property tax exemption for certain rental and homeownership projects (Part U); requires the state fire prevention and building code council to conduct a study on standards for egress and to amend the New York state uniform fire prevention and building code if necessary (Part V); permits tuition assistance program awards to be made to part-time students enrolled in certain degree granting institutions chartered or authorized by the New York state board of regents (Part W); increases the income eligibility threshold for the tuition assistance program (Part X); establishes differential payment rates for child care services to be no less than ten but no greater than fifteen percent higher than the actual cost of care (Part Y); extends provisions of weekly unemployment insurance benefits for workers who are partially unemployed; authorizes the commissioner of labor to extend the implementation of an information technology system (Part Z); relates to owner liability for failure of an operator to stop for a school bus displaying a red visual signal and stop-arm; extends provisions of chapter 145 of the laws of 2019, relating to such provisions, from December 1, 2024 until December 1, 2029 (Part AA); prohibits discrimination by insurers issuing property and liability insurance covering affordable housing based upon certain factors including the income of owners or tenants and the receipt rental assistance by tenants (Part BB); requires the use of project labor agreements for large scale construction projects under the state university construction fund (Part CC); enacts the city of Dunkirk fiscal recovery act; authorizes the issuance of deficit bonds and notes not to exceed eighteen million five hundred thousand dollars for the purpose of liquidating actual deficits in its general fund, water fund, and the capital projects fund of such city; requires review of city budgets and financial reports by the state comptroller; repeals provisions after 15 years (Part DD); establishes an optional local tax exemption for affordable multi-family housing and an optional local tax exemption for newly converted or constructed fully income restricted rental multiple dwellings (Part EE); increases the amount recoverable by an owner for certain individual apartment improvements (Part FF); includes an accessory dwelling unit in the term housing accommodations in the human rights law; provides a tax exemption on the increase in value of property resulting from the addition of an accessory dwelling unit (Part GG); enacts the good cause eviction law; allows for villages, towns or cities other than the city of New York to opt-in by local law (Part HH); establishes when a landlord-tenant relationship exists, for such purposes a tenant shall not include a squatter who is a person who enters onto real property or enters a building with the intent of squatting therein, and resides without title, right or permission of the owner or owner's agent or a person entitled to possession (Part II); directs the department of housing preservation and development to develop a program to conduct annual audits of compliance with rent registration, affordability, and rent stabilization requirements under the affordable New York housing program (Part JJ); establishes New York housing for the future homeownership program and the New York housing for the future rental housing program (Part KK); creates uniform standards for processing data requests; creates a duty to send data and information to statewide databases, regarding public data maintained by county and city boards of elections (Part LL); permits the use of contiguous and non-contiguous municipal public space by certain licensees (Part MM); clarifies certain provisions of the stretch limousine passenger safety act (Part NN); establishes speed limits in cities with populations in excess of one million people by easing restrictions so cities can establish speed limits below twenty miles per hour (Part OO); enacts the reproductive freedom and equity grant program to ensure access to abortion care in the state by providing funding to abortion providers and non-profit organizations whose primary function is to facilitate access to abortion care (Part PP); relates to the computation of the final average salary in pension benefit calculations (Part QQ); reduces the rate of tax applicable to certain authorized combative sports under article 19 of the tax law from eight and one-half percent to three percent (Part RR); authorizes SUNY trustees to lease the historic windmill on the Stonybrook campus to the town of Southampton for the purpose of rehabilitating and restoring such windmill; provides that such lease shall be executed within five years of the effective date of this act (Part SS); relates to bonds issued by the New York city transitional finance authority (Part TT); relates to fare enforcement by the metropolitan transportation authority (Part UU); directs the office of children and family services to conduct a study to evaluate the feasibility of providing after school programming to every school-aged child in New York (Part VV); relates to obstructed or obscured license plates, the penalty imposed upon the operator of a vehicle with an intentionally altered or obscured license plate while on a toll highway, bridge or tunnel or in a tolled central business district; authorizes law enforcement to confiscate any such license plate covering; authorizes vehicle registration suspension for failure to comply with the removal of materials or substances altering or obscuring a license plate; authorizes public authorities with bridges, tunnels or highways under their jurisdiction to enter judgments for unpaid liabilities for a violation of toll collection regulations and enforce such judgments without court proceedings (Subpart A); relates to the payment of tolls under the tolls by mail program (Subpart B) (Part WW); provides for the administration of certain funds and accounts related to the 2024-2025 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes; includes assets that provide a long-term interest in land in the definition of fixed assets; simplifies provisions regarding bond issuance charges; provides for the redemption price of certain revenue bonds; provides for the issuance of personal income tax revenue anticipation notes; provides for the issuance of bonds or notes for the purpose of assisting the metropolitan transportation authority in the financing of transportation facilities (Part XX); extends provisions related to the operation and administration of the legislature (Part YY); relates to school governance in the city of New York; extends provisions of law related to mayoral control in the city of New York; makes related provisions (Part ZZ); enacts the "newspaper and broadcast media jobs program"; establishes a newspaper and broadcast media jobs tax credit to provide financial support and incentives for businesses which operate as newspaper and broadcast media (Part AAA); provides for the payment of a supplemental empire state child credit (Part BBB).
Spectrum: Committee Bill
Status: (Passed) 2024-04-20 - SIGNED CHAP.56 [S08306 Detail]
Download: New_York-2023-S08306-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 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to calculation of foundation aid; relates to allowable transportation expenses; directs a foundation aid formula study by the Nelson A. Rockefeller institute; relates to transportation aid under the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; establishes the New York state zero-emission bus resource center; relates to requirements under academic enhancement aid; relates to high tax aid; relates to universal prekindergarten and the Statewide universal full-day pre-kindergarten program; directs a study on consolidation of prekindergarten funding; relates to implementation of the smart schools bond act of 2014; relates to special apportionments and grants-in-aid to school districts; extends the teachers of tomorrow teacher recruitment and retention program; relates to maximum class sizes for special classes for certain students with disabilities; extends chapter 82 of the laws of 1995; extends funding a program for work force education conducted by the consortium for worker education in New York city; relates to the financing of charter schools; relates to funding for employment preparation education programs; extends the date for the submission of recommendations of a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding; extends certain provisions relating to the 1994-95 budgets; extends certain provisions relating to census reporting; provides for special apportionment for salary expenses; relates to a state subsidy for free and reduced school lunches; provides for special apportionment for public pension accruals; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds salary expenses; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; repeals certain provisions relating to phase-in foundation increase and foundation aid (Part A); directs the commissioner of education to establish evidence-based reading instructional best practices for students attending prekindergarten through grade three (Part B); directs the commissioner of education to require school districts to obtain documentation that the student or the parent or guardian of such student complete and submit the free application for federal student aid for such student or complete a waiver form promulgated by the department of education; requires school districts issue annual reports on students completing the FAFSA and the waiver (Part C); relates to the eligibility for restricted aid to independent colleges and universities (Part D); extends provisions of the NY-SUNY 2020 challenge grant program (Part F); extends certain provisions relating to restructuring financing for residential school placements (Part G); increases the amounts of monthly need for aged, blind and disabled persons living in the community (Part H); grants thirty minutes paid break time for an employee to express breast milk (Part J); provides for the expiration and repeal of certain provisions relating to sick leave and employee benefit requirements pursuant to a mandatory or precautionary order of quarantine or isolation due to COVID-19, on July 31, 2025 (Part M); 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 N); relates to the crime of deed theft; authorizes the attorney general to prosecute crimes involving deed theft; relates to the partition of heirs property; relates to allowing transfer on death deeds (Part O); authorizes a city of one million or more to remove the cap on the floor area ratio of certain dwellings, in accordance with local zoning laws, ordinances or resolutions (Part Q); relates to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more; defines terms; provides that a new eligible multiple dwelling, except a hotel, shall receive a benefit of being exempt from real property taxation (Part R); establishes a program to address the legalization of specified basement and cellar dwelling units; relates to the conversion of other specified basement and cellar dwelling units in a city with a population of one million or more (Part S); defines eligible multiple dwelling under the affordable New York housing program; includes a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion which complies with certain affordability options, and which the commencement date is after December 31, 2015 and on or before June 15, 2022, and for which the completion date is on or before June 15, 2031 in such definition (Part T); establishes the affordable neighborhoods for New Yorkers tax incentive to provide a real property tax exemption for certain rental and homeownership projects (Part U); requires the state fire prevention and building code council to conduct a study on standards for egress and to amend the New York state uniform fire prevention and building code if necessary (Part V); permits tuition assistance program awards to be made to part-time students enrolled in certain degree granting institutions chartered or authorized by the New York state board of regents (Part W); increases the income eligibility threshold for the tuition assistance program (Part X); establishes differential payment rates for child care services to be no less than ten but no greater than fifteen percent higher than the actual cost of care (Part Y); extends provisions of weekly unemployment insurance benefits for workers who are partially unemployed; authorizes the commissioner of labor to extend the implementation of an information technology system (Part Z); relates to owner liability for failure of an operator to stop for a school bus displaying a red visual signal and stop-arm; extends provisions of chapter 145 of the laws of 2019, relating to such provisions, from December 1, 2024 until December 1, 2029 (Part AA); prohibits discrimination by insurers issuing property and liability insurance covering affordable housing based upon certain factors including the income of owners or tenants and the receipt rental assistance by tenants (Part BB); requires the use of project labor agreements for large scale construction projects under the state university construction fund (Part CC); enacts the city of Dunkirk fiscal recovery act; authorizes the issuance of deficit bonds and notes not to exceed eighteen million five hundred thousand dollars for the purpose of liquidating actual deficits in its general fund, water fund, and the capital projects fund of such city; requires review of city budgets and financial reports by the state comptroller; repeals provisions after 15 years (Part DD); establishes an optional local tax exemption for affordable multi-family housing and an optional local tax exemption for newly converted or constructed fully income restricted rental multiple dwellings (Part EE); increases the amount recoverable by an owner for certain individual apartment improvements (Part FF); includes an accessory dwelling unit in the term housing accommodations in the human rights law; provides a tax exemption on the increase in value of property resulting from the addition of an accessory dwelling unit (Part GG); enacts the good cause eviction law; allows for villages, towns or cities other than the city of New York to opt-in by local law (Part HH); establishes when a landlord-tenant relationship exists, for such purposes a tenant shall not include a squatter who is a person who enters onto real property or enters a building with the intent of squatting therein, and resides without title, right or permission of the owner or owner's agent or a person entitled to possession (Part II); directs the department of housing preservation and development to develop a program to conduct annual audits of compliance with rent registration, affordability, and rent stabilization requirements under the affordable New York housing program (Part JJ); establishes New York housing for the future homeownership program and the New York housing for the future rental housing program (Part KK); creates uniform standards for processing data requests; creates a duty to send data and information to statewide databases, regarding public data maintained by county and city boards of elections (Part LL); permits the use of contiguous and non-contiguous municipal public space by certain licensees (Part MM); clarifies certain provisions of the stretch limousine passenger safety act (Part NN); establishes speed limits in cities with populations in excess of one million people by easing restrictions so cities can establish speed limits below twenty miles per hour (Part OO); enacts the reproductive freedom and equity grant program to ensure access to abortion care in the state by providing funding to abortion providers and non-profit organizations whose primary function is to facilitate access to abortion care (Part PP); relates to the computation of the final average salary in pension benefit calculations (Part QQ); reduces the rate of tax applicable to certain authorized combative sports under article 19 of the tax law from eight and one-half percent to three percent (Part RR); authorizes SUNY trustees to lease the historic windmill on the Stonybrook campus to the town of Southampton for the purpose of rehabilitating and restoring such windmill; provides that such lease shall be executed within five years of the effective date of this act (Part SS); relates to bonds issued by the New York city transitional finance authority (Part TT); relates to fare enforcement by the metropolitan transportation authority (Part UU); directs the office of children and family services to conduct a study to evaluate the feasibility of providing after school programming to every school-aged child in New York (Part VV); relates to obstructed or obscured license plates, the penalty imposed upon the operator of a vehicle with an intentionally altered or obscured license plate while on a toll highway, bridge or tunnel or in a tolled central business district; authorizes law enforcement to confiscate any such license plate covering; authorizes vehicle registration suspension for failure to comply with the removal of materials or substances altering or obscuring a license plate; authorizes public authorities with bridges, tunnels or highways under their jurisdiction to enter judgments for unpaid liabilities for a violation of toll collection regulations and enforce such judgments without court proceedings (Subpart A); relates to the payment of tolls under the tolls by mail program (Subpart B) (Part WW); provides for the administration of certain funds and accounts related to the 2024-2025 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes; includes assets that provide a long-term interest in land in the definition of fixed assets; simplifies provisions regarding bond issuance charges; provides for the redemption price of certain revenue bonds; provides for the issuance of personal income tax revenue anticipation notes; provides for the issuance of bonds or notes for the purpose of assisting the metropolitan transportation authority in the financing of transportation facilities (Part XX); extends provisions related to the operation and administration of the legislature (Part YY); relates to school governance in the city of New York; extends provisions of law related to mayoral control in the city of New York; makes related provisions (Part ZZ); enacts the "newspaper and broadcast media jobs program"; establishes a newspaper and broadcast media jobs tax credit to provide financial support and incentives for businesses which operate as newspaper and broadcast media (Part AAA); provides for the payment of a supplemental empire state child credit (Part BBB).
Spectrum: Committee Bill
Status: (Passed) 2024-04-20 - SIGNED CHAP.56 [S08306 Detail]
Download: New_York-2023-S08306-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 8306--A A. 8806--A SENATE - ASSEMBLY January 17, 2024 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to allowable transportation expenses; to amend the education law, in relation to transportation aid and the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal prekinder- garten and the Statewide universal full-day pre-kindergarten program; to amend the education law, in relation to implementation of the smart schools bond act of 2014; to amend the education law, in relation to special apportionments and grants-in-aid to school districts; to amend chapter 91 of the laws of 2002 amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to extending the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relat- ing to the New York city board of education, chancellor, community councils, and community superintendents, in relation to the effective- ness thereof; to amend the education law, in relation to state aid adjustments; to amend the education law, in relation to extending certain provisions of the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to maximum class sizes for special classes for certain students with disabili- ties; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12672-02-4S. 8306--A 2 A. 8806--A the effectiveness thereof; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2023-2024 school year withholding a portion of employment preparation education aid and in relation to the effective- ness thereof; to amend the education law, in relation to the financing of charter schools; to amend part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, in relation to extending the date for the submission of such recommen- dations; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effec- tiveness thereof; to amend chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; and providing for support of public libraries; to repeal certain provisions of the education law relating to phase-in foundation increase; and to repeal certain provisions of the education law relating to foundation aid (Part A); to amend the education law, in relation to establishing evidence-based reading instructional best practices for students attending prekindergarten through grade three (Part B); to amend the education law, in relation to directing the commissioner of education to require the completion of a FAFSA or a waiver of such requirement and requires school districts issue annual reports on students completing the FAFSA and the waiver (Part C); to amend the education law, in relation to eligibility for unrestricted aid to independent colleges and universities (Part D); to amend the education law, in relation to ensuring informational coordination between state educa- tional agencies (Part E); to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part F); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for resi- dential school placements, in relation to the effectiveness thereof (Part G); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part H); to amend the family court act and the domestic relations law, in relation to establishment and modifica- tion of child support orders (Part I); to amend the labor law, in relation to nursing employees' right to express breast milk (Part J); to amend the labor law, in relation to limiting liquidated damages in certain frequency of pay violations (Part K); to amend the labor law, in relation to civil penalties for violations of certain provisions for the payment of wages (Part L); to amend chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19, in relation to providing for the expiration and repeal of such provisions (Part M); to utilize reserves in the mortgage insur- ance fund for various housing purposes (Part N); to amend the criminalS. 8306--A 3 A. 8806--A procedure law and the penal law, in relation to the crime of deed theft; to amend the real property actions and proceedings law, in relation to the partition of heirs' property; and to amend the real property law, in relation to allowing transfer on death deeds (Part O); relating to the conveyance and use of real property owned and maintained by the State University of New York at Farmingdale (Subpart A); relating to the conveyance and use of real property owned and maintained by the State University of New York at Stony Brook (Subpart B); and relating to the conveyance and use of real property owned and maintained by the New York State Department of Transportation (Subpart C) (Part P); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part Q); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more (Part R); to amend the multiple dwelling law, in relation to establishing a program to address the legalization of specified basement and cellar dwelling units and the conversion of other specified basement and cellar dwelling units in a city with a population of one million or more (Part S); to amend the real property tax law, in relation to eligible multiple dwellings under the affordable New York housing program (Part T); and to amend the real property tax law and the labor law, in relation to enacting the affordable neighborhoods for New Yorkers tax incentive (Part U) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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 2024-2025 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through U. 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 section 1 of part A of chapter 56 of the laws of 16 2023, is amended to 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 districtS. 8306--A 4 A. 8806--A 1 are identified as in good standing, shall submit a contract for excel- 2 lence for the two thousand eleven--two thousand twelve school year which 3 shall, notwithstanding the requirements of subparagraph (vi) of para- 4 graph a of subdivision two of this section, provide for the expenditure 5 of an amount which shall be not less than the product of the amount 6 approved by the commissioner in the contract for excellence for the two 7 thousand nine--two thousand ten school year, multiplied by the 8 district's gap elimination adjustment percentage and provided further 9 that, a school district that submitted a contract for excellence for the 10 two thousand eleven--two thousand twelve school year, unless all schools 11 in the district are identified as in good standing, shall submit a 12 contract for excellence for the two thousand twelve--two thousand thir- 13 teen school year which shall, notwithstanding the requirements of 14 subparagraph (vi) of paragraph a of subdivision two of this section, 15 provide for the expenditure of an amount which shall be not less than 16 the amount approved by the commissioner in the contract for excellence 17 for the two thousand eleven--two thousand twelve school year and 18 provided further that, a school district that submitted a contract for 19 excellence for the two thousand twelve--two thousand thirteen school 20 year, unless all schools in the district are identified as in good 21 standing, shall submit a contract for excellence for the two thousand 22 thirteen--two thousand fourteen school year which shall, notwithstanding 23 the requirements of subparagraph (vi) of paragraph a of subdivision two 24 of this section, provide for the expenditure of an amount which shall be 25 not less than the amount approved by the commissioner in the contract 26 for excellence for the two thousand twelve--two thousand thirteen school 27 year and provided further that, a school district that submitted a 28 contract for excellence for the two thousand thirteen--two thousand 29 fourteen school year, unless all schools in the district are identified 30 as in good standing, shall submit a contract for excellence for the two 31 thousand fourteen--two thousand fifteen school year which shall, 32 notwithstanding the requirements of subparagraph (vi) of paragraph a of 33 subdivision two of this section, provide for the expenditure of an 34 amount which shall be not less than the amount approved by the commis- 35 sioner in the contract for excellence for the two thousand thirteen--two 36 thousand fourteen school year; and provided further that, a school 37 district that submitted a contract for excellence for the two thousand 38 fourteen--two thousand fifteen school year, unless all schools in the 39 district are identified as in good standing, shall submit a contract for 40 excellence for the two thousand fifteen--two thousand sixteen school 41 year which shall, notwithstanding the requirements of subparagraph (vi) 42 of paragraph a of subdivision two of this section, provide for the 43 expenditure of an amount which shall be not less than the amount 44 approved by the commissioner in the contract for excellence for the two 45 thousand fourteen--two thousand fifteen school year; and provided 46 further that a school district that submitted a contract for excellence 47 for the two thousand fifteen--two thousand sixteen school year, unless 48 all schools in the district are identified as in good standing, shall 49 submit a contract for excellence for the two thousand sixteen--two thou- 50 sand seventeen school year which shall, notwithstanding the requirements 51 of subparagraph (vi) of paragraph a of subdivision two of this section, 52 provide for the expenditure of an amount which shall be not less than 53 the amount approved by the commissioner in the contract for excellence 54 for the two thousand fifteen--two thousand sixteen school year; and 55 provided further that, a school district that submitted a contract for 56 excellence for the two thousand sixteen--two thousand seventeen schoolS. 8306--A 5 A. 8806--A 1 year, unless all schools in the district are identified as in good 2 standing, shall submit a contract for excellence for the two thousand 3 seventeen--two thousand eighteen school year which shall, notwithstand- 4 ing the requirements of subparagraph (vi) of paragraph a of subdivision 5 two of this section, provide for the expenditure of an amount which 6 shall be not less than the amount approved by the commissioner in the 7 contract for excellence for the two thousand sixteen--two thousand 8 seventeen school year; and provided further that a school district that 9 submitted a contract for excellence for the two thousand seventeen--two 10 thousand eighteen school year, unless all schools in the district are 11 identified as in good standing, shall submit a contract for excellence 12 for the two thousand eighteen--two thousand nineteen school year which 13 shall, notwithstanding the requirements of subparagraph (vi) of para- 14 graph a of subdivision two of this section, provide for the expenditure 15 of an amount which shall be not less than the amount approved by the 16 commissioner in the contract for excellence for the two thousand seven- 17 teen--two thousand eighteen school year; and provided further that, a 18 school district that submitted a contract for excellence for the two 19 thousand eighteen--two thousand nineteen school year, unless all schools 20 in the district are identified as in good standing, shall submit a 21 contract for excellence for the two thousand nineteen--two thousand 22 twenty school year which shall, notwithstanding the requirements of 23 subparagraph (vi) of paragraph a of subdivision two of this section, 24 provide for the expenditure of an amount which shall be not less than 25 the amount approved by the commissioner in the contract for excellence 26 for the two thousand eighteen--two thousand nineteen school year; and 27 provided further that, a school district that submitted a contract for 28 excellence for the two thousand nineteen--two thousand twenty school 29 year, unless all schools in the district are identified as in good 30 standing, shall submit a contract for excellence for the two thousand 31 twenty--two thousand twenty-one school year which shall, notwithstanding 32 the requirements of subparagraph (vi) of paragraph a of subdivision two 33 of this section, provide for the expenditure of an amount which shall be 34 not less than the amount approved by the commissioner in the contract 35 for excellence for the two thousand nineteen--two thousand twenty school 36 year; and provided further that, a school district that submitted a 37 contract for excellence for the two thousand twenty--two thousand twen- 38 ty-one school year, unless all schools in the district are identified as 39 in good standing, shall submit a contract for excellence for the two 40 thousand twenty-one--two thousand twenty-two school year which shall, 41 notwithstanding the requirements of subparagraph (vi) of paragraph a of 42 subdivision two of this section, provide for the expenditure of an 43 amount which shall be not less than the amount approved by the commis- 44 sioner in the contract for excellence for the two thousand twenty--two 45 thousand twenty-one school year; and provided further that, a school 46 district that submitted a contract for excellence for the two thousand 47 twenty-one--two thousand twenty-two school year, unless all schools in 48 the district are identified as in good standing, shall submit a contract 49 for excellence for the two thousand twenty-two--two thousand twenty- 50 three school year which shall, notwithstanding the requirements of 51 subparagraph (vi) of paragraph a of subdivision two of this section, 52 provide for the expenditure of an amount which shall be not less than 53 the amount approved by the commissioner in the contract for excellence 54 for the two thousand twenty-one--two thousand twenty-two school year; 55 and provided further that, a school district that submitted a contract 56 for excellence for the two thousand twenty-two--two thousand twenty-S. 8306--A 6 A. 8806--A 1 three school year, unless all schools in the district are identified as 2 in good standing, shall submit a contract for excellence for the two 3 thousand twenty-three--two thousand twenty-four school year which shall, 4 notwithstanding the requirements of subparagraph (vi) of paragraph a of 5 subdivision two of this section, provide for the expenditure of an 6 amount which shall be not less than the amount approved by the commis- 7 sioner in the contract for excellence for the two thousand twenty-two-- 8 two thousand twenty-three school year; and provided further that, a 9 school district that submitted a contract for excellence for the two 10 thousand twenty-three--two thousand twenty-four school year, unless all 11 schools in the district are identified as in good standing, shall submit 12 a contract for excellence for the two thousand twenty-four--two thousand 13 twenty-five school year which shall, notwithstanding the requirements of 14 subparagraph (vi) of paragraph a of subdivision two of this section, 15 provide for the expenditure of an amount which shall be not less than 16 the amount approved by the commissioner in the contract for excellence 17 for the two thousand twenty-three--two thousand twenty-four school year; 18 provided, however, that, in a city school district in a city having a 19 population of one million or more, notwithstanding the requirements of 20 subparagraph (vi) of paragraph a of subdivision two of this section, the 21 contract for excellence shall provide for the expenditure as set forth 22 in subparagraph (v) of paragraph a of subdivision two of this section. 23 For purposes of this paragraph, the "gap elimination adjustment percent- 24 age" shall be calculated as the sum of one minus the quotient of the sum 25 of the school district's net gap elimination adjustment for two thousand 26 ten--two thousand eleven computed pursuant to chapter fifty-three of the 27 laws of two thousand ten, making appropriations for the support of 28 government, plus the school district's gap elimination adjustment for 29 two thousand eleven--two thousand twelve as computed pursuant to chapter 30 fifty-three of the laws of two thousand eleven, making appropriations 31 for the support of the local assistance budget, including support for 32 general support for public schools, divided by the total aid for adjust- 33 ment computed pursuant to chapter fifty-three of the laws of two thou- 34 sand eleven, making appropriations for the local assistance budget, 35 including support for general support for public schools. Provided, 36 further, that such amount shall be expended to support and maintain 37 allowable programs and activities approved in the two thousand nine--two 38 thousand ten school year or to support new or expanded allowable 39 programs and activities in the current year. 40 § 2. The opening paragraph of subdivision 4 of section 3602 of the 41 education law, as amended by section 9-b of part CCC of chapter 59 of 42 the laws of 2018, is amended to read as follows: 43 In addition to any other apportionment pursuant to this chapter, a 44 school district, other than a special act school district as defined in 45 subdivision eight of section four thousand one of this chapter, shall be 46 eligible for total foundation aid equal to the sum of the transition 47 adjustment plus the product of total aidable foundation pupil units 48 multiplied by the district's selected foundation aid, which shall be the 49 greater of five hundred dollars ($500) or foundation formula aid[,50provided, however that for the two thousand seven--two thousand eight51through two thousand eight--two thousand nine school years, no school52district shall receive total foundation aid in excess of the sum of the53total foundation aid base for aid payable in the two thousand seven--two54thousand eight school year computed pursuant to subparagraph (i) of55paragraph j of subdivision one of this section, plus the phase-in foun-56dation increase computed pursuant to paragraph b of this subdivision,S. 8306--A 7 A. 8806--A 1and provided further that for the two thousand twelve--two thousand2thirteen school year, no school district shall receive total foundation3aid in excess of the sum of the total foundation aid base for aid paya-4ble in the two thousand eleven--two thousand twelve school year computed5pursuant to subparagraph (ii) of paragraph j of subdivision one of this6section, plus the phase-in foundation increase computed pursuant to7paragraph b of this subdivision, and provided further that for the two8thousand thirteen--two thousand fourteen school year and thereafter, no9school district shall receive total foundation aid in excess of the sum10of the total foundation aid base computed pursuant to subparagraph (ii)11of paragraph j of subdivision one of this section, plus the phase-in12foundation increase computed pursuant to paragraph b of this subdivi-13sion, and provided further that for the two thousand sixteen--two thou-14sand seventeen school year, no eligible school districts shall receive15total foundation aid in excess of the sum of the total foundation aid16base computed pursuant to subparagraph (ii) of paragraph j of subdivi-17sion one of this section plus the sum of (A) the phase-in foundation18increase, (B) the executive foundation increase with a minimum increase19pursuant to paragraph b-2 of this subdivision, and (C) an amount equal20to "COMMUNITY SCHOOLS AID" in the computer listing produced by the21commissioner in support of the executive budget request for the two22thousand sixteen--two thousand seventeen school year and entitled23"BT161-7", where (1) "eligible school district" shall be defined as a24district with (a) an unrestricted aid increase of less than seven25percent (0.07) and (b) a three year average free and reduced price lunch26percent greater than fifteen percent (0.15), and (2) "unrestricted aid27increase" shall mean the quotient arrived at when dividing (a) the sum28of the executive foundation aid increase plus the gap elimination29adjustment for the base year, by (b) the difference of foundation aid30for the base year less the gap elimination adjustment for the base year,31and (3) "executive foundation increase" shall mean the difference of (a)32the amounts set forth for each school district as "FOUNDATION AID" under33the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing34produced by the commissioner in support of the executive budget request35for the two thousand sixteen--two thousand seventeen school year and36entitled "BT161-7" less (b) the amounts set forth for each school37district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"38in such computer listing and provided further that total foundation aid39shall not be less than the product of the total foundation aid base40computed pursuant to paragraph j of subdivision one of this section and41the due-minimum percent which shall be, for the two thousand twelve--two42thousand thirteen school year, one hundred and six-tenths percent43(1.006) and for the two thousand thirteen--two thousand fourteen school44year for city school districts of those cities having populations in45excess of one hundred twenty-five thousand and less than one million46inhabitants one hundred and one and one hundred and seventy-six thou-47sandths percent (1.01176), and for all other districts one hundred and48three-tenths percent (1.003), and for the two thousand fourteen--two49thousand fifteen school year one hundred and eighty-five hundredths50percent (1.0085), and for the two thousand fifteen--two thousand sixteen51school year, one hundred thirty-seven hundredths percent (1.0037),52subject to allocation pursuant to the provisions of subdivision eighteen53of this section and any provisions of a chapter of the laws of New York54as described therein, nor more than the product of such total foundation55aid base and one hundred fifteen percent for any school year other than56the two thousand seventeen--two thousand eighteen school year, provided,S. 8306--A 8 A. 8806--A 1however, that for the two thousand sixteen--two thousand seventeen2school year such maximum shall be no more than the sum of (i) the prod-3uct of such total foundation aid base and one hundred fifteen percent4plus (ii) the executive foundation increase and plus (iii) "COMMUNITY5SCHOOLS AID" in the computer listing produced by the commissioner in6support of the executive budget request for the two thousand sixteen--7two thousand seventeen school year and entitled "BT161-7" and provided8further that for the two thousand nine--two thousand ten through two9thousand eleven--two thousand twelve school years, each school district10shall receive total foundation aid in an amount equal to the amount11apportioned to such school district for the two thousand eight--two12thousand nine school year pursuant to this subdivision]. Total aidable 13 foundation pupil units shall be calculated pursuant to paragraph g of 14 subdivision two of this section. For the purposes of calculating aid 15 pursuant to this subdivision, aid for the city school district of the 16 city of New York shall be calculated on a citywide basis. 17 § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of section 18 3602 of the education law, as amended by section 9-b of part CCC of 19 chapter 59 of the laws of 2018, are amended to read as follows: 20 (1) The foundation amount shall reflect the average per pupil cost of 21 general education instruction in successful school districts, as deter- 22 mined by a statistical analysis of the costs of special education and 23 general education in successful school districts, provided that the 24 foundation amount shall be adjusted annually to reflect the eight-year 25 average of the percentage increase in the consumer price index as 26 defined by paragraph hh of subdivision one of this section[, provided27that for the two thousand eight--two thousand nine school year, for the28purpose of such adjustment, the percentage increase in the consumer29price index shall be deemed to be two and nine-tenths percent (0.029),30and provided further that the foundation amount for the two thousand31seven--two thousand eight school year shall be five thousand two hundred32fifty-eight dollars, and provided further that for the two thousand33seven--two thousand eight through two thousand seventeen--two thousand34eighteen school years, the foundation amount shall be further adjusted35by the phase-in foundation percent established pursuant to paragraph b36of this subdivision] for the ten most recent calendar years excluding 37 the highest and lowest values. 38 (4) The expected minimum local contribution shall equal the lesser of 39 (i) the product of (A) the quotient arrived at when the selected actual 40 valuation is divided by total wealth foundation pupil units, multiplied 41 by (B) the product of the local tax factor, multiplied by the income 42 wealth index, or (ii) the product of (A) the product of the foundation 43 amount, the regional cost index, and the pupil need index, multiplied by 44 (B) the positive difference, if any, of one minus the state sharing 45 ratio for total foundation aid. The local tax factor shall be estab- 46 lished by May first of each year by determining the product, computed to 47 four decimal places without rounding, of ninety percent multiplied by 48 the quotient of the sum of the statewide average tax rate as computed by 49 the commissioner for the current year in accordance with the provisions 50 of paragraph e of subdivision one of section thirty-six hundred nine-e 51 of this part plus the statewide average tax rate computed by the commis- 52 sioner for the base year in accordance with such provisions plus the 53 statewide average tax rate computed by the commissioner for the year 54 prior to the base year in accordance with such provisions, divided by 55 three[, provided however that for the two thousand seven--two thousand56eight school year, such local tax factor shall be sixteen thousandthsS. 8306--A 9 A. 8806--A 1(0.016), and provided further that for the two thousand eight--two thou-2sand nine school year, such local tax factor shall be one hundred3fifty-four ten thousandths (0.0154)]. The income wealth index shall be 4 calculated pursuant to paragraph d of subdivision three of this section, 5 provided, however, that for the purposes of computing the expected mini- 6 mum local contribution the income wealth index shall not be less than 7 sixty-five percent (0.65) and shall not be more than two hundred percent 8 (2.0) [and provided however that such income wealth index shall not be9more than ninety-five percent (0.95) for the two thousand eight--two10thousand nine school year, and provided further that such income wealth11index shall not be less than zero for the two thousand thirteen--two12thousand fourteen school year]. The selected actual valuation shall be 13 calculated pursuant to paragraph c of subdivision one of this section. 14 Total wealth foundation pupil units shall be calculated pursuant to 15 paragraph h of subdivision two of this section. 16 § 4. Paragraph b of subdivision 4 of section 3602 of the education law 17 is REPEALED and a new paragraph b is added to read as follows: 18 b. Transition adjustment. The transition adjustment shall equal the 19 product of (1) the state sharing ratio for total foundation aid for the 20 two thousand twenty-four--two thousand twenty-five school year as 21 defined in paragraph g of subdivision three of this section, but not 22 less than five tenths (0.5), multiplied by (2) the positive difference, 23 if any, of (i) the total amount a district was eligible to receive in 24 the two thousand twenty-three--two thousand twenty-four school year 25 pursuant to this subdivision less (ii) the product of total aidable 26 foundation pupil units multiplied by the district's selected foundation 27 aid for the two thousand twenty-four--two thousand twenty-five school 28 year computed pursuant to this subdivision, as set forth on the computer 29 listing produced by the commissioner in support of the executive budget 30 request for the two thousand twenty-four--two thousand twenty-five 31 school year and entitled "BT242-5". 32 § 5. Paragraph d of subdivision 4 of section 3602 of the education 33 law, as amended by section 6 of part YYY of chapter 59 of the laws of 34 2019, is amended to read as follows: 35 d. For the two thousand fourteen--two thousand fifteen through two 36 thousand [twenty-three] twenty-eight--two thousand [twenty-four] twen- 37 ty-nine school years a city school district of a city having a popu- 38 lation of one million or more may use amounts apportioned pursuant to 39 this subdivision for afterschool programs. 40 § 6. Paragraphs b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of 41 section 3602 of the education law are REPEALED. 42 § 7. Paragraph k of subdivision 4 of section 3602 of the education law 43 is REPEALED. 44 § 8. The undesignated closing paragraph of subdivision 3 of section 45 3602 of the education law, as added by section 13 of part B of chapter 46 57 of the laws of 2007, is amended to read as follows: 47 Such result shall be expressed as a decimal carried to three places 48 without rounding, but shall not be greater than ninety hundredths nor 49 less than zero, provided, however, that for the purpose of computing the 50 state sharing ratio for total foundation aid in the two thousand twen- 51 ty-four--two thousand twenty-five school year and thereafter, such 52 result shall not be greater than ninety-one hundredths. 53 § 9. Intentionally omitted. 54 § 10. Paragraph j of subdivision 1 of section 3602 of the education 55 law is amended by adding a new subparagraph (iii) to read as follows:S. 8306--A 10 A. 8806--A 1 (iii) The total foundation aid base for aid payable in the two thou- 2 sand seven--two thousand eight school year and thereafter, and for aid 3 calculations for subsequent school years based on aid payable in such 4 school years, shall be deemed final and not subject to change on or 5 after July first of the school year following the last school year in 6 which the commissioner may last accept and certify for payment any addi- 7 tional claim for such school year pursuant to paragraph a of subdivision 8 five of section thirty-six hundred four of this part. 9 § 11. Subparagraphs 2 and 3 of paragraph b of subdivision 6-f of 10 section 3602 of the education law, as added by section 19 of part H of 11 chapter 83 of the laws of 2002, are amended to read as follows: 12 (2) is a construction emergency project to remediate emergency situ- 13 ations which arise in public school buildings and threaten the health 14 and/or safety of building occupants, as a result of the unanticipated 15 discovery of asbestos or other hazardous substances during construction 16 work on a school or significant damage caused by a fire, snow storm, ice 17 storm, excessive rain, high winds, flood or a similar catastrophic event 18 which results in the necessity for immediate repair[; and/or19(3) if bonded pursuant to paragraph j of subdivision six of this20section, would cause a city school district in a city having a popu-21lation of less than one hundred twenty-five thousand inhabitants to22exceed ninety-five percent of its constitutional debt limit provided,23however, that any debt issued pursuant to paragraph c of section 104.0024of the local finance law shall not be included in such calculation]. 25 § 12. The opening paragraph of subdivision 2 of section 3623-a of 26 education law, as added by section 86 of chapter 474 of the laws of 27 1996, is amended to read as follows: 28 Allowable transportation capital, debt service and lease expense shall 29 include base year expenditures [for:] as described in this subdivision, 30 net of revenue received with the express purpose of funding such expend- 31 itures as prescribed by the commissioner, except as provided in para- 32 graph d of subdivision three of this section. 33 § 13. Subdivision 3 of section 3623-a of the education law is amended 34 by adding added a new paragraph d to read as follows: 35 d. (1) For aid payable in the two thousand twenty-four--two thousand 36 twenty-five school year and thereafter, notwithstanding any provision of 37 law to the contrary, approved transportation capital, debt service, and 38 lease expenses for apportionments to school districts under subdivision 39 seven of section thirty-six hundred two of this article shall include 40 the final value of any vouchers paid on behalf of a school district, 41 payments, and grants authorized pursuant to section 58-0701 of the envi- 42 ronmental conservation law for costs associated with the purchase of or 43 conversion to zero-emission school buses and supporting infrastructure. 44 (2) In the case of allowable expenses for transportation capital, debt 45 service, or leases which are related to costs associated with the 46 purchase of or conversion to zero-emission school buses and supporting 47 infrastructure and which are supported in whole or in part by vouchers, 48 payments, or grants authorized under section 58-0701 of the environ- 49 mental conservation law, such allowable expenses at the time in which 50 the expense is claimed for aid shall not exceed the sum of (i) the prod- 51 uct of the transportation aid ratio calculated pursuant to subdivision 52 seven of section thirty-six hundred two of this article multiplied by 53 allowable expenses, plus (ii) the final value of any such vouchers paid 54 on behalf of a school district, payments, and grants authorized under 55 section 58-0701 of the environmental conservation law.S. 8306--A 11 A. 8806--A 1 (3) The entity authorized to provide state assistance payments or 2 grants pursuant to subdivision two of section 58-0703 of the environ- 3 mental conservation law shall provide to the commissioner a list of 4 grants awarded and payments to each school district or vouchers paid on 5 behalf of a school district for the purchase of or conversion to zero- 6 emission school buses and supporting infrastructure no later than one 7 month prior to the end of each calendar year and each school year. This 8 list shall include the type and number of zero-emission school buses to 9 be funded by these payments or grants, the supporting infrastructure to 10 be funded by these payments or grants, the award amounts of each payment 11 or grant, the direct recipient of each payment or grant, the district 12 receiving such payment or grant or that benefitted from such voucher, 13 the date on which the payment or grant was received, and any other 14 information necessary for the calculation of aid pursuant to subdivision 15 seven of section thirty-six hundred two of this article. 16 § 14. Paragraph i of subdivision 12 of section 3602 of the education 17 law, as amended by section 10 of part A of chapter 56 of the laws of 18 2023, is amended to read as follows: 19 i. For the two thousand twenty-one--two thousand twenty-two school 20 year through the two thousand [twenty-three] twenty-four--two thousand 21 [twenty-four] twenty-five school year, each school district shall be 22 entitled to an apportionment equal to the amount set forth for such 23 school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 24 ESTIMATED AIDS" in the school aid computer listing produced by the 25 commissioner in support of the budget for the two thousand twenty--two 26 thousand twenty-one school year and entitled "SA202-1", and such appor- 27 tionment shall be deemed to satisfy the state obligation to provide an 28 apportionment pursuant to subdivision eight of section thirty-six 29 hundred forty-one of this article. 30 § 15. The opening paragraph of subdivision 16 of section 3602 of the 31 education law, as amended by section 11 of part A of chapter 56 of the 32 laws of 2023, is amended to read as follows: 33 Each school district shall be eligible to receive a high tax aid 34 apportionment in the two thousand eight--two thousand nine school year, 35 which shall equal the greater of (i) the sum of the tier 1 high tax aid 36 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 37 tax aid apportionment or (ii) the product of the apportionment received 38 by the school district pursuant to this subdivision in the two thousand 39 seven--two thousand eight school year, multiplied by the due-minimum 40 factor, which shall equal, for districts with an alternate pupil wealth 41 ratio computed pursuant to paragraph b of subdivision three of this 42 section that is less than two, seventy percent (0.70), and for all other 43 districts, fifty percent (0.50). Each school district shall be eligible 44 to receive a high tax aid apportionment in the two thousand nine--two 45 thousand ten through two thousand twelve--two thousand thirteen school 46 years in the amount set forth for such school district as "HIGH TAX AID" 47 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 48 listing produced by the commissioner in support of the budget for the 49 two thousand nine--two thousand ten school year and entitled "SA0910". 50 Each school district shall be eligible to receive a high tax aid appor- 51 tionment in the two thousand thirteen--two thousand fourteen through two 52 thousand [twenty-three] twenty-four--two thousand [twenty-four] twenty- 53 five school year equal to the greater of (1) the amount set forth for 54 such school district as "HIGH TAX AID" under the heading "2008-09 BASE 55 YEAR AIDS" in the school aid computer listing produced by the commis- 56 sioner in support of the budget for the two thousand nine--two thousandS. 8306--A 12 A. 8806--A 1 ten school year and entitled "SA0910" or (2) the amount set forth for 2 such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- 3 MATED AIDS" in the school aid computer listing produced by the commis- 4 sioner in support of the executive budget for the 2013-14 fiscal year 5 and entitled "BT131-4". 6 § 16. Paragraph d of subdivision 10 of section 3602-e of the education 7 law, as amended by section 23-c of part A of chapter 56 of the laws of 8 2021, is amended to read as follows: 9 d. Notwithstanding any other provision of this section, apportionments 10 under this section greater than the amounts provided in the two thousand 11 sixteen--two thousand seventeen school year shall only be used to 12 supplement and not supplant current local expenditures of [state or] 13 local funds on prekindergarten programs and the number of eligible full- 14 day four-year-old prekindergarten pupils and eligible full-day three- 15 year-old prekindergarten pupils in such programs from such sources. 16 Current local expenditures shall include any local expenditures of 17 [state or] local funds used to supplement or extend services provided 18 directly or via contract to eligible children enrolled in a universal 19 prekindergarten program pursuant to this section. 20 § 17. Subdivision 13 of section 3602-ee of the education law, as added 21 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to 22 read as follows: 23 13. Apportionments under this section shall only be used to supplement 24 and not supplant current local expenditures of federal[, state] or local 25 funds on pre-kindergarten programs and the number of slots in such 26 programs from such sources. Current local expenditures shall include any 27 local expenditures of federal[, state] or local funds used to supplement 28 or extend services provided directly or via contract to eligible chil- 29 dren enrolled in a universal pre-kindergarten program pursuant to 30 section thirty-six hundred two-e of this part. 31 § 18. Subdivision 16 of section 3602-ee of the education law, as 32 amended by section 16 of part A of chapter 56 of the laws of 2023, is 33 amended to read as follows: 34 16. The authority of the department to administer the universal full- 35 day pre-kindergarten program shall expire June thirtieth, two thousand 36 [twenty-four] twenty-five; provided that the program shall continue and 37 remain in full effect. 38 § 19. Paragraphs a and b of subdivision 16 of section 3641 of the 39 education law, as added by section 2 of part C of chapter 56 of the laws 40 of 2014, subparagraph 3 of paragraph b as amended by section 3 of part 41 YYY of chapter 59 of the laws of 2017, are amended to read as follows: 42 a. Definitions. The following terms, whenever used or referred to in 43 this subdivision, unless the context indicates otherwise, shall have the 44 following meanings: 45 (1) "Bonds" shall mean general obligation bonds issued pursuant to the 46 "smart schools bond act of 2014" in accordance with article VII of the 47 New York state constitution and article five of the state finance law. 48 [(2) "Smart schools review board" shall mean a body comprised of the49chancellor of the state university of New York, the director of the50budget, and the commissioner, or their respective designees.51(3)] (2) "Smart schools investment plan" shall mean a document 52 prepared by a school district setting forth the smart schools project or 53 projects to be undertaken with such district's smart schools allocation. 54 [(4)] (3) "Smart schools project" shall mean a capital project as set 55 forth and defined in subparagraphs four, five, six[,] or seven [or56eight] of this paragraph.S. 8306--A 13 A. 8806--A 1 [(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU) 2 replacement project" shall mean a capital project which, as a primary 3 purpose, expands the availability of adequate and appropriate instruc- 4 tional space for pre-kindergarten or provides for the expansion or 5 construction of adequate and appropriate instructional space to replace 6 TCUs. 7 [(6)] (5) "Community connectivity project" shall mean a capital 8 project which, as a primary purpose, expands high-speed broadband or 9 wireless internet connectivity in the local community, including school 10 buildings and campuses, for enhanced educational opportunity in the 11 state. 12 [(7)] (6) "Classroom technology project" shall mean a capital project 13 to expand high-speed broadband or wireless internet connectivity solely 14 for school buildings and campuses, or to acquire learning technology 15 hardware for schools, classrooms, and student use, including but not 16 limited to whiteboards, computer servers, desktop computers, laptop 17 computers, and tablet computers. 18 [(8)] (7) "School safety and security technology project" shall mean a 19 capital project to install high-tech security features in school build- 20 ings and on school campuses, including but not limited to video surveil- 21 lance, emergency notification systems and physical access controls, for 22 enhanced educational opportunity in the state. 23 [(9)] (8) "Selected school aid" shall mean the sum of the amounts set 24 forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL 25 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & 26 TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL 27 SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", 28 "ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS 29 COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid 30 computer listing produced by the commissioner in support of the execu- 31 tive budget proposal for the two thousand fourteen-fifteen school year. 32 [(10)] (9) "Smart schools allocation" shall mean, for each school 33 district, the product of (i) two billion dollars ($2,000,000,000) multi- 34 plied by (ii) the quotient of such school district's selected school aid 35 divided by the total selected school aid to all school districts. 36 b. Smart schools investment plans. (1) [The smart schools review37board] Subject to the approval of the director of the budget, the 38 commissioner shall issue guidelines setting forth required components 39 and eligibility criteria for smart schools investment plans to be 40 submitted by school districts. Such guidelines shall include but not be 41 limited to: (i) a timeline for school district submission of smart 42 schools investment plans; (ii) any requirements for the use of available 43 state procurement options where applicable; (iii) any limitations on the 44 amount of a district's smart schools allocation that may be used for 45 assets with a short probable life; and (iv) the loan of smart schools 46 classroom technology pursuant to section seven hundred fifty-five of 47 this chapter. 48 (2) No school district shall be entitled to a smart schools grant 49 until such district shall have submitted a smart schools investment plan 50 to the [smart schools review board] department and received [such51board's] the commissioner's approval of such investment plan. In devel- 52 oping such investment plan, school districts shall consult with parents, 53 teachers, students, community members and other stakeholders. 54 (3) The [smart schools review board] commissioner shall review all 55 smart schools investment plans for compliance with all eligibility 56 criteria and other requirements set forth in the guidelines. The [smartS. 8306--A 14 A. 8806--A 1schools review board] commissioner may approve or reject such plans, or 2 may return such plans to the school district for modifications; provided 3 that notwithstanding any inconsistent provision of law, the [smart4schools review board] commissioner shall approve no such plan first 5 submitted to the department on or after April fifteenth, two thousand 6 seventeen, unless such plan calculates the amount of classroom technolo- 7 gy to be loaned to students attending nonpublic schools pursuant to 8 section seven hundred fifty-five of this chapter in a manner that 9 includes the amount budgeted by the school district for servers, wire- 10 less access points and other portable connectivity devices to be 11 acquired as part of a school connectivity project. Upon approval, the 12 smart schools project or projects described in the investment plan shall 13 be eligible for smart schools grants. A smart schools project included 14 in a school district's smart schools investment plan shall not require 15 separate approval of the commissioner unless it is part of a school 16 construction project required to be submitted for approval of the 17 commissioner pursuant to section four hundred eight of this chapter 18 and/or subdivision six of section thirty-six hundred two of this arti- 19 cle. Any department, agency or public authority shall provide the [smart20schools review board] department with any information it requires to 21 fulfill its duties pursuant to this subdivision. 22 (4) Any amendments or supplements to a smart schools investment plan 23 shall be submitted to the [smart schools review board] department for 24 approval, and shall not take effect until such approval is granted. 25 § 20. Section 34 of chapter 91 of the laws of 2002 amending the educa- 26 tion law and other laws relating to reorganization of the New York city 27 school construction authority, board of education and community boards, 28 as amended by chapter 364 of the laws of 2022, is amended to read as 29 follows: 30 § 34. This act shall take effect July 1, 2002; provided, that sections 31 one through twenty, twenty-four, and twenty-six through thirty of this 32 act shall expire and be deemed repealed June 30, [2024] 2028 provided, 33 further, that notwithstanding any provision of article 5 of the general 34 construction law, on June 30, [2024] 2028 the provisions of subdivisions 35 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs 36 b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 37 2554 of the education law as repealed by section three of this act, 38 subdivision 1 of section 2590-b of the education law as repealed by 39 section six of this act, paragraph (a) of subdivision 2 of section 40 2590-b of the education law as repealed by section seven of this act, 41 section 2590-c of the education law as repealed by section eight of this 42 act, paragraph c of subdivision 2 of section 2590-d of the education law 43 as repealed by section twenty-six of this act, subdivision 1 of section 44 2590-e of the education law as repealed by section twenty-seven of this 45 act, subdivision 28 of section 2590-h of the education law as repealed 46 by section twenty-eight of this act, subdivision 30 of section 2590-h of 47 the education law as repealed by section twenty-nine of this act, subdi- 48 vision 30-a of section 2590-h of the education law as repealed by 49 section thirty of this act shall be revived and be read as such 50 provisions existed in law on the date immediately preceding the effec- 51 tive date of this act; provided, however, that sections seven and eight 52 of this act shall take effect on November 30, 2003; provided further 53 that the amendments to subdivision 25 of section 2554 of the education 54 law made by section two of this act shall be subject to the expiration 55 and reversion of such subdivision pursuant to section 12 of chapter 147S. 8306--A 15 A. 8806--A 1 of the laws of 2001, as amended, when upon such date the provisions of 2 section four of this act shall take effect. 3 § 21. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 4 amending the education law and other laws relating to the New York city 5 board of education, chancellor, community councils and community super- 6 intendents, as amended by chapter 364 of the laws of 2022, is amended to 7 read as follows: 8 12. any provision in sections one, two, three, four, five, six, seven, 9 eight, nine, ten and eleven of this act not otherwise set to expire 10 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or 11 section 17 of chapter 123 of the laws of 2003, as amended, shall expire 12 and be deemed repealed June 30, [2024] 2028. 13 § 22. Paragraph a of subdivision 5 of section 3604 of the education 14 law, as amended by chapter 161 of the laws of 2005, is amended to read 15 as follows: 16 a. State aid adjustments. All errors or omissions in the apportionment 17 shall be corrected by the commissioner. Whenever a school district has 18 been apportioned less money than that to which it is entitled, the 19 commissioner may allot to such district the balance to which it is enti- 20 tled. Whenever a school district has been apportioned more money than 21 that to which it is entitled, the commissioner may, by an order, direct 22 such moneys to be paid back to the state to be credited to the general 23 fund local assistance account for state aid to the schools, or may 24 deduct such amount from the next apportionment to be made to said 25 district, provided, however, that, upon notification of excess payments 26 of aid for which a recovery must be made by the state through deduction 27 of future aid payments, a school district may request that such excess 28 payments be recovered by deducting such excess payments from the 29 payments due to such school district and payable in the month of June in 30 (i) the school year in which such notification was received and (ii) the 31 two succeeding school years, provided further that there shall be no 32 interest penalty assessed against such district or collected by the 33 state. Such request shall be made to the commissioner in such form as 34 the commissioner shall prescribe, and shall be based on documentation 35 that the total amount to be recovered is in excess of one percent of the 36 district's total general fund expenditures for the preceding school 37 year. The amount to be deducted in the first year shall be the greater 38 of (i) the sum of the amount of such excess payments that is recognized 39 as a liability due to other governments by the district for the preced- 40 ing school year and the positive remainder of the district's unreserved 41 fund balance at the close of the preceding school year less the product 42 of the district's total general fund expenditures for the preceding 43 school year multiplied by five percent, or (ii) one-third of such excess 44 payments. The amount to be recovered in the second year shall equal the 45 lesser of the remaining amount of such excess payments to be recovered 46 or one-third of such excess payments, and the remaining amount of such 47 excess payments shall be recovered in the third year. Provided further 48 that, notwithstanding any other provisions of this subdivision, any 49 pending payment of moneys due to such district as a prior year adjust- 50 ment payable pursuant to paragraph c of this subdivision for aid claims 51 that had been previously paid as current year aid payments in excess of 52 the amount to which the district is entitled and for which recovery of 53 excess payments is to be made pursuant to this paragraph, shall be 54 reduced at the time of actual payment by any remaining unrecovered 55 balance of such excess payments, and the remaining scheduled deductions 56 of such excess payments pursuant to this paragraph shall be reduced byS. 8306--A 16 A. 8806--A 1 the commissioner to reflect the amount so recovered. [The commissioner2shall certify no payment to a school district based on a claim submitted3later than three years after the close of the school year in which such4payment was first to be made. For claims for which payment is first to5be made in the nineteen hundred ninety-six--ninety-seven school year,6the commissioner shall certify no payment to a school district based on7a claim submitted later than two years after the close of such school8year.] For claims for which payment is first to be made [in the nineteen9hundred ninety-seven--ninety-eight school year and thereafter] prior to 10 the two thousand twenty-three--two thousand twenty-four school year, the 11 commissioner shall certify no payment to a school district based on a 12 claim submitted later than one year after the close of such school year. 13 For claims for which payment is first to be made in the two thousand 14 twenty-three--two thousand twenty-four school year and thereafter, the 15 commissioner shall certify no payment to a school district based on a 16 claim submitted later than the first of November of such school year. 17 Provided, however, no payments shall be barred or reduced where such 18 payment is required as a result of a final audit of the state. [It is19further provided that, until June thirtieth, nineteen hundred ninety-20six, the commissioner may grant a waiver from the provisions of this21section for any school district if it is in the best educational inter-22ests of the district pursuant to guidelines developed by the commission-23er and approved by the director of the budget.] It is further provided 24 that for any apportionments provided pursuant to sections seven hundred 25 one, seven hundred eleven, seven hundred fifty-one, seven hundred 26 fifty-three, nineteen hundred fifty, thirty-six hundred two, thirty-six 27 hundred two-b, thirty-six hundred two-c, thirty-six hundred two-e and 28 forty-four hundred five of this chapter for the two thousand twenty- 29 three--two thousand twenty-four and two thousand twenty-four--two thou- 30 sand twenty-five school years, the commissioner shall certify no payment 31 to a school district, other than payments pursuant to subdivisions 32 six-a, eleven, thirteen and fifteen of section thirty-six hundred two of 33 this part, in excess of the payment computed based on an electronic data 34 file used to produce the school aid computer listing produced by the 35 commissioner in support of the executive budget request submitted for 36 the two thousand twenty-four--two thousand twenty-five state fiscal year 37 and entitled "BT242-5", and further provided that for any apportionments 38 provided pursuant to sections seven hundred one, seven hundred eleven, 39 seven hundred fifty-one, seven hundred fifty-three, nineteen hundred 40 fifty, thirty-six hundred two, thirty-six hundred two-b, thirty-six 41 hundred two-c, thirty-six hundred two-e and forty-four hundred five of 42 this chapter for the two thousand twenty-five--two thousand twenty-six 43 school year and thereafter, the commissioner shall certify no payment to 44 a school district, other than payments pursuant to subdivisions six-a, 45 eleven, thirteen and fifteen of section thirty-six hundred two of this 46 part, in excess of the payment computed based on an electronic data file 47 used to produce the school aid computer listing produced by the commis- 48 sioner in support of the executive budget request submitted for the 49 state fiscal year in which the school year commences. 50 § 23. The opening paragraph of section 3609-a of the education law, as 51 amended by section 18 of part A of chapter 56 of the laws of 2023, is 52 amended to read as follows: 53 For aid payable in the two thousand seven--two thousand eight school 54 year through the two thousand twenty-three--two thousand twenty-four 55 school year, "moneys apportioned" shall mean the lesser of (i) the sum 56 of one hundred percent of the respective amount set forth for eachS. 8306--A 17 A. 8806--A 1 school district as payable pursuant to this section in the school aid 2 computer listing for the current year produced by the commissioner in 3 support of the budget which includes the appropriation for the general 4 support for public schools for the prescribed payments and individual- 5 ized payments due prior to April first for the current year plus the 6 apportionment payable during the current school year pursuant to subdi- 7 vision six-a and subdivision fifteen of section thirty-six hundred two 8 of this part minus any reductions to current year aids pursuant to 9 subdivision seven of section thirty-six hundred four of this part or any 10 deduction from apportionment payable pursuant to this chapter for 11 collection of a school district basic contribution as defined in subdi- 12 vision eight of section forty-four hundred one of this chapter, less any 13 grants provided pursuant to subparagraph two-a of paragraph b of subdi- 14 vision four of section ninety-two-c of the state finance law, less any 15 grants provided pursuant to subdivision five of section ninety-seven- 16 nnnn of the state finance law, less any grants provided pursuant to 17 subdivision twelve of section thirty-six hundred forty-one of this arti- 18 cle, or (ii) the apportionment calculated by the commissioner based on 19 data on file at the time the payment is processed; provided however, 20 that for the purposes of any payments made pursuant to this section 21 prior to the first business day of June of the current year, moneys 22 apportioned shall not include any aids payable pursuant to subdivisions 23 six and fourteen, if applicable, of section thirty-six hundred two of 24 this part as current year aid for debt service on bond anticipation 25 notes and/or bonds first issued in the current year or any aids payable 26 for full-day kindergarten for the current year pursuant to subdivision 27 nine of section thirty-six hundred two of this part. The definitions of 28 "base year" and "current year" as set forth in subdivision one of 29 section thirty-six hundred two of this part shall apply to this section. 30 [For aid payable in the two thousand twenty-three--two thousand twenty-31four school year, reference to such "school aid computer listing for the32current year" shall mean the printouts entitled "SA232-4".] For aid 33 payable in the two thousand twenty-four--two thousand twenty-five school 34 year and thereafter, "moneys apportioned" shall mean the lesser of: (i) 35 the sum of one hundred percent of the respective amount set forth for 36 each school district as payable pursuant to this section in the school 37 aid computer listing for the current year produced by the commissioner 38 in support of the executive budget request which includes the appropri- 39 ation for the general support for public schools for the prescribed 40 payments and individualized payments due prior to April first for the 41 current year plus the apportionment payable during the current school 42 year pursuant to subdivisions six-a and fifteen of section thirty-six 43 hundred two of this part minus any reductions to current year aids 44 pursuant to subdivision seven of section thirty-six hundred four of this 45 part or any deduction from apportionment payable pursuant to this chap- 46 ter for collection of a school district basic contribution as defined in 47 subdivision eight of section forty-four hundred one of this chapter, 48 less any grants provided pursuant to subparagraph two-a of paragraph b 49 of subdivision four of section ninety-two-c of the state finance law, 50 less any grants provided pursuant to subdivisions six of section nine- 51 ty-seven-nnnn of the state finance law, less any grants provided pursu- 52 ant to subdivision twelve of section thirty-six hundred forty-one of 53 this article, or (ii) the apportionment calculated by the commissioner 54 based on data on file at the time the payment is processed; provided 55 however, that for the purposes of any payments made pursuant to this 56 section prior to the first business day of June of the current year,S. 8306--A 18 A. 8806--A 1 moneys apportioned shall not include any aids payable pursuant to subdi- 2 visions six and fourteen, if applicable, of section thirty-six hundred 3 two of this part as current year aid for debt service on bond antic- 4 ipation notes and/or bonds first issued in the current year or any aids 5 payable for full-day kindergarten for the current year pursuant to 6 subdivision nine of section thirty-six hundred two of this part. For aid 7 payable in the two thousand twenty-four--two thousand twenty-five school 8 year, reference to such "school aid computer listing for the current 9 year" shall mean the printouts entitled "BT242-5". 10 § 24. Paragraph b of subdivision 2 of section 3612 of the education 11 law, as amended by section 22 of part YYY of chapter 59 of the laws of 12 2019, is amended to read as follows: 13 b. Such grants shall be awarded to school districts, within the limits 14 of funds appropriated therefor, through a competitive process that takes 15 into consideration the magnitude of any shortage of teachers in the 16 school district, the number of teachers employed in the school district 17 who hold temporary licenses to teach in the public schools of the state, 18 the number of provisionally certified teachers, the fiscal capacity and 19 geographic sparsity of the district, the number of new teachers the 20 school district intends to hire in the coming school year and the number 21 of summer in the city student internships proposed by an eligible school 22 district, if applicable. Grants provided pursuant to this section shall 23 be used only for the purposes enumerated in this section. Notwithstand- 24 ing any other provision of law to the contrary, a city school district 25 in a city having a population of one million or more inhabitants receiv- 26 ing a grant pursuant to this section may use no more than eighty percent 27 of such grant funds for any recruitment, retention and certification 28 costs associated with transitional certification of teacher candidates 29 for the school years two thousand one--two thousand two through two 30 thousand [twenty-three] twenty-eight--two thousand [twenty-four] twen- 31 ty-nine. 32 § 25. Subdivision 6 of section 4402 of the education law, as amended 33 by section 23 of part YYY of chapter 59 of the laws of 2019, is amended 34 to read as follows: 35 6. Notwithstanding any other law, rule or regulation to the contrary, 36 the board of education of a city school district with a population of 37 one hundred twenty-five thousand or more inhabitants shall be permitted 38 to establish maximum class sizes for special classes for certain 39 students with disabilities in accordance with the provisions of this 40 subdivision. For the purpose of obtaining relief from any adverse fiscal 41 impact from under-utilization of special education resources due to low 42 student attendance in special education classes at the middle and 43 secondary level as determined by the commissioner, such boards of educa- 44 tion shall, during the school years nineteen hundred ninety-five--nine- 45 ty-six through June thirtieth, two thousand [twenty-four] twenty-nine, 46 be authorized to increase class sizes in special classes containing 47 students with disabilities whose age ranges are equivalent to those of 48 students in middle and secondary schools as defined by the commissioner 49 for purposes of this section by up to but not to exceed one and two 50 tenths times the applicable maximum class size specified in regulations 51 of the commissioner rounded up to the nearest whole number, provided 52 that in a city school district having a population of one million or 53 more, classes that have a maximum class size of fifteen may be increased 54 by no more than one student and provided that the projected average 55 class size shall not exceed the maximum specified in the applicable 56 regulation, provided that such authorization shall terminate on JuneS. 8306--A 19 A. 8806--A 1 thirtieth, two thousand. Such authorization shall be granted upon filing 2 of a notice by such a board of education with the commissioner stating 3 the board's intention to increase such class sizes and a certification 4 that the board will conduct a study of attendance problems at the 5 secondary level and will implement a corrective action plan to increase 6 the rate of attendance of students in such classes to at least the rate 7 for students attending regular education classes in secondary schools of 8 the district. Such corrective action plan shall be submitted for 9 approval by the commissioner by a date during the school year in which 10 such board increases class sizes as provided pursuant to this subdivi- 11 sion to be prescribed by the commissioner. Upon at least thirty days 12 notice to the board of education, after conclusion of the school year in 13 which such board increases class sizes as provided pursuant to this 14 subdivision, the commissioner shall be authorized to terminate such 15 authorization upon a finding that the board has failed to develop or 16 implement an approved corrective action plan. 17 § 26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 18 of 1995, amending the education law and other laws relating to state aid 19 to school districts and the appropriation of funds for the support of 20 government, as amended by section 38 of part YYY of chapter 59 of the 21 laws of 2019, are amended to read as follows: 22 (22) sections one hundred twelve, one hundred thirteen, one hundred 23 fourteen, one hundred fifteen and one hundred sixteen of this act shall 24 take effect on July 1, 1995; provided, however, that section one hundred 25 thirteen of this act shall remain in full force and effect until July 1, 26 [2024] 2029 at which time it shall be deemed repealed; 27 (24) sections one hundred eighteen through one hundred thirty of this 28 act shall be deemed to have been in full force and effect on and after 29 July 1, 1995; provided further, however, that the amendments made pursu- 30 ant to section one hundred twenty-four of this act shall be deemed to be 31 repealed on and after July 1, [2024] 2029; 32 § 27. Subdivision b of section 2 of chapter 756 of the laws of 1992, 33 relating to funding a program for work force education conducted by the 34 consortium for worker education in New York city, as amended by section 35 20 of part A of chapter 56 of the laws of 2023, is amended to read as 36 follows: 37 b. Reimbursement for programs approved in accordance with subdivision 38 a of this section for the reimbursement for the 2018--2019 school year 39 shall not exceed 59.4 percent of the lesser of such approvable costs per 40 contact hour or fourteen dollars and ninety-five cents per contact hour, 41 reimbursement for the 2019--2020 school year shall not exceed 57.7 42 percent of the lesser of such approvable costs per contact hour or 43 fifteen dollars sixty cents per contact hour, reimbursement for the 44 2020--2021 school year shall not exceed 56.9 percent of the lesser of 45 such approvable costs per contact hour or sixteen dollars and twenty- 46 five cents per contact hour, reimbursement for the 2021--2022 school 47 year shall not exceed 56.0 percent of the lesser of such approvable 48 costs per contact hour or sixteen dollars and forty cents per contact 49 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7 50 percent of the lesser of such approvable costs per contact hour or 51 sixteen dollars and sixty cents per contact hour, [and] reimbursement 52 for the 2023--2024 school year shall not exceed 54.7 percent of the 53 lesser of such approvable costs per contact hour or seventeen dollars 54 and seventy cents per contact hour, and reimbursement for the 2024--2025 55 school year shall not exceed 56.6 percent of the lesser of such approva- 56 ble costs per contact hour or nineteen dollars and ten cents per contactS. 8306--A 20 A. 8806--A 1 hour, and where a contact hour represents sixty minutes of instruction 2 services provided to an eligible adult. Notwithstanding any other 3 provision of law to the contrary, for the 2018--2019 school year such 4 contact hours shall not exceed one million four hundred sixty-three 5 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school 6 year such contact hours shall not exceed one million four hundred 7 forty-four thousand four hundred forty-four (1,444,444); for the 8 2020--2021 school year such contact hours shall not exceed one million 9 four hundred six thousand nine hundred twenty-six (1,406,926); for the 10 2021--2022 school year such contact hours shall not exceed one million 11 four hundred sixteen thousand one hundred twenty-two (1,416,122); for 12 the 2022--2023 school year such contact hours shall not exceed one 13 million four hundred six thousand nine hundred twenty-six (1,406,926); 14 [and] for the 2023--2024 school year such contact hours shall not exceed 15 one million three hundred forty-two thousand nine hundred seventy-five 16 (1,342,975); and for the 2024--2025 school year such contact hours shall 17 not exceed one million sixty-three thousand eight hundred twenty-nine 18 (1,063,829). Notwithstanding any other provision of law to the contrary, 19 the apportionment calculated for the city school district of the city of 20 New York pursuant to subdivision 11 of section 3602 of the education law 21 shall be computed as if such contact hours provided by the consortium 22 for worker education, not to exceed the contact hours set forth herein, 23 were eligible for aid in accordance with the provisions of such subdivi- 24 sion 11 of section 3602 of the education law. 25 § 28. Section 4 of chapter 756 of the laws of 1992, relating to fund- 26 ing a program for work force education conducted by the consortium for 27 worker education in New York city, is amended by adding a new subdivi- 28 sion cc to read as follows: 29 cc. The provisions of this subdivision shall not apply after the 30 completion of payments for the 2024-25 school year. Notwithstanding any 31 inconsistent provisions of law, the commissioner of education shall 32 withhold a portion of employment preparation education aid due to the 33 city school district of the city of New York to support a portion of the 34 costs of the work force education program. Such moneys shall be credited 35 to the elementary and secondary education fund-local assistance account 36 and shall not exceed eleven million five hundred thousand dollars 37 ($11,500,000). 38 § 29. Section 6 of chapter 756 of the laws of 1992, relating to fund- 39 ing a program for work force education conducted by the consortium for 40 worker education in New York city, as amended by section 22 of part A of 41 chapter 56 of the laws of 2023, is amended to read as follows: 42 § 6. This act shall take effect July 1, 1992, and shall be deemed 43 repealed June 30, [2024] 2025. 44 § 30. Paragraph (d) of subdivision 1 of section 2856 of the education 45 law, as amended by section 36-c of part A of chapter 56 of the laws of 46 2021, is amended to read as follows: 47 (d) School districts shall be eligible for an annual apportionment 48 equal to the amount of the supplemental basic tuition for the charter 49 school in the base year for the expenses incurred in the two thousand 50 fourteen--two thousand fifteen, two thousand fifteen--two thousand 51 sixteen, two thousand sixteen--two thousand seventeen school years and 52 thereafter. Provided that for expenses incurred in the two thousand 53 twenty--two thousand twenty-one school year, for a city school district 54 in a city having a population of one million or more, the annual appor- 55 tionment shall be reduced by thirty-five million dollars ($35,000,000) 56 upon certification by the director of the budget of the availability ofS. 8306--A 21 A. 8806--A 1 a grant in the same amount from the elementary and secondary school 2 emergency relief funds provided through the American rescue plan act of 3 2021 (P.L. 117-2). Provided further that for expenses incurred in the 4 two thousand twenty-three--two thousand twenty-four school year, for a 5 city school district in a city having a population of one million or 6 more, the annual apportionment shall be reduced by thirty-five million 7 dollars ($35,000,000) upon certification by the director of the budget 8 of the availability of a grant in the same amount from the elementary 9 and secondary school emergency relief funds provided through the Ameri- 10 can rescue plan act of 2021 (P.L. 117-2). 11 § 31. Paragraph (c) of subdivision 1 of section 2856 of the education 12 law, as amended by section 36-d of part A of chapter 56 of the laws of 13 2021, is amended to read as follows: 14 (c) School districts shall be eligible for an annual apportionment 15 equal to the amount of the supplemental basic tuition for the charter 16 school in the base year for the expenses incurred in the two thousand 17 fourteen--two thousand fifteen, two thousand fifteen--two thousand 18 sixteen, two thousand sixteen--two thousand seventeen school years and 19 thereafter. Provided that for expenses incurred in the two thousand 20 twenty--two thousand twenty-one school year, for a city school district 21 in a city having a population of one million or more, the annual appor- 22 tionment shall be reduced by thirty-five million dollars ($35,000,000) 23 upon certification by the director of the budget of the availability of 24 a grant in the same amount from the elementary and secondary school 25 emergency relief funds provided through the American rescue plan act of 26 2021 (P.L. 117-2). Provided further that for expenses incurred in the 27 two thousand twenty-three--two thousand twenty-four school year, for a 28 city school district in a city having a population of one million or 29 more, the annual apportionment shall be reduced by thirty-five million 30 dollars ($35,000,000) upon certification by the director of the budget 31 of the availability of a grant in the same amount from the elementary 32 and secondary school emergency relief funds provided through the Ameri- 33 can rescue plan act of 2021 (P.L. 117-2). 34 § 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws 35 of 2023 directing the education department to conduct a comprehensive 36 study of alternative tuition rate-setting methodologies for approved 37 providers operating school-age and preschool programs receiving state 38 funding, is amended to read as follows: 39 3. The state education department shall present its recommendations 40 and analysis to the governor, the director of the division of the budg- 41 et, the temporary president of the senate, the speaker of the assembly, 42 the chairperson of the senate finance committee, and the chairperson of 43 the assembly ways and means committee no later than July 1, [2025] 2027. 44 Adoption of any alternative rate-setting methodologies shall be subject 45 to the approval of the director of the division of the budget. 46 § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 47 relating to certain provisions related to the 1994-95 state operations, 48 aid to localities, capital projects and debt service budgets, as amended 49 by section 23 of part A of chapter 56 of the laws of 2022, is amended to 50 read as follows: 51 1. Sections one through seventy of this act shall be deemed to have 52 been in full force and effect as of April 1, 1994 provided, however, 53 that sections one, two, twenty-four, twenty-five and twenty-seven 54 through seventy of this act shall expire and be deemed repealed on March 55 31, 2000; provided, however, that section twenty of this act shall apply 56 only to hearings commenced prior to September 1, 1994, and providedS. 8306--A 22 A. 8806--A 1 further that section twenty-six of this act shall expire and be deemed 2 repealed on March 31, 1997; and provided further that sections four 3 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 4 twenty-one-a of this act shall expire and be deemed repealed on March 5 31, 1997; and provided further that sections three, fifteen, seventeen, 6 twenty, twenty-two and twenty-three of this act shall expire and be 7 deemed repealed on March 31, [2024] 2029. 8 § 34. Section 26 of subpart F of part C of chapter 97 of the laws of 9 2011 amending the education law relating to census reporting, as amended 10 by section 46 of part YYY of chapter 59 of the laws of 2019, is amended 11 to read as follows: 12 § 26. This act shall take effect immediately provided, however, that 13 the provisions of section three of this act shall expire June 30, [2024] 14 2029 when upon such date the provisions of such section shall be deemed 15 repealed; provided, further that the provisions of sections eight, elev- 16 en, twelve, thirteen and twenty of this act shall expire July 1, 2014 17 when upon such date the provisions of such sections shall be deemed 18 repealed. 19 § 35. Special apportionment for salary expenses. 1. Notwithstanding 20 any other provision of law, upon application to the commissioner of 21 education, not sooner than the first day of the second full business 22 week of June 2025 and not later than the last day of the third full 23 business week of June 2025, a school district eligible for an apportion- 24 ment pursuant to section 3602 of the education law shall be eligible to 25 receive an apportionment pursuant to this section, for the school year 26 ending June 30, 2025, for salary expenses incurred between April 1 and 27 June 30, 2024 and such apportionment shall not exceed the sum of (a) the 28 deficit reduction assessment of 1990--1991 as determined by the commis- 29 sioner of education, pursuant to paragraph f of subdivision 1 of section 30 3602 of the education law, as in effect through June 30, 1993, plus (b) 31 186 percent of such amount for a city school district in a city with a 32 population in excess of 1,000,000 inhabitants, plus (c) 209 percent of 33 such amount for a city school district in a city with a population of 34 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 35 ing to the latest federal census, plus (d) the net gap elimination 36 adjustment for 2010--2011, as determined by the commissioner of educa- 37 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- 38 nation adjustment for 2011--2012 as determined by the commissioner of 39 education pursuant to subdivision 17 of section 3602 of the education 40 law, and provided further that such apportionment shall not exceed such 41 salary expenses. Such application shall be made by a school district, 42 after the board of education or trustees have adopted a resolution to do 43 so and in the case of a city school district in a city with a population 44 in excess of 125,000 inhabitants, with the approval of the mayor of such 45 city. 46 2. The claim for an apportionment to be paid to a school district 47 pursuant to subdivision one of this section shall be submitted to the 48 commissioner of education on a form prescribed for such purpose, and 49 shall be payable upon determination by such commissioner that the form 50 has been submitted as prescribed. Such approved amounts shall be payable 51 on the same day in September of the school year following the year in 52 which application was made as funds provided pursuant to subparagraph 53 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 54 law, on the audit and warrant of the state comptroller on vouchers 55 certified or approved by the commissioner of education in the manner 56 prescribed by law from moneys in the state lottery fund and from theS. 8306--A 23 A. 8806--A 1 general fund to the extent that the amount paid to a school district 2 pursuant to this section exceeds the amount, if any, due such school 3 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 4 section 3609-a of the education law in the school year following the 5 year in which application was made. 6 3. Notwithstanding the provisions of section 3609-a of the education 7 law, an amount equal to the amount paid to a school district pursuant to 8 subdivisions one and two of this section shall first be deducted from 9 the following payments due the school district during the school year 10 following the year in which application was made pursuant to subpara- 11 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 12 section 3609-a of the education law in the following order: the lottery 13 apportionment payable pursuant to subparagraph (2) of such paragraph 14 followed by the fixed fall payments payable pursuant to subparagraph (4) 15 of such paragraph and then followed by the district's payments to the 16 teachers' retirement system pursuant to subparagraph (1) of such para- 17 graph, and any remainder to be deducted from the individualized payments 18 due the district pursuant to paragraph b of such subdivision shall be 19 deducted on a chronological basis starting with the earliest payment due 20 the district. 21 § 36. Special apportionment for public pension accruals. 1. Notwith- 22 standing any other provision of law, upon application to the commission- 23 er of education, not later than June 30, 2025, a school district eligi- 24 ble for an apportionment pursuant to section 3602 of the education law 25 shall be eligible to receive an apportionment pursuant to this section, 26 for the school year ending June 30, 2025 and such apportionment shall 27 not exceed the additional accruals required to be made by school 28 districts in the 2004--2005 and 2005--2006 school years associated with 29 changes for such public pension liabilities. The amount of such addi- 30 tional accrual shall be certified to the commissioner of education by 31 the president of the board of education or the trustees or, in the case 32 of a city school district in a city with a population in excess of 33 125,000 inhabitants, the mayor of such city. Such application shall be 34 made by a school district, after the board of education or trustees have 35 adopted a resolution to do so and in the case of a city school district 36 in a city with a population in excess of 125,000 inhabitants, with the 37 approval of the mayor of such city. 38 2. The claim for an apportionment to be paid to a school district 39 pursuant to subdivision one of this section shall be submitted to the 40 commissioner of education on a form prescribed for such purpose, and 41 shall be payable upon determination by such commissioner that the form 42 has been submitted as prescribed. Such approved amounts shall be payable 43 on the same day in September of the school year following the year in 44 which application was made as funds provided pursuant to subparagraph 45 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 46 law, on the audit and warrant of the state comptroller on vouchers 47 certified or approved by the commissioner of education in the manner 48 prescribed by law from moneys in the state lottery fund and from the 49 general fund to the extent that the amount paid to a school district 50 pursuant to this section exceeds the amount, if any, due such school 51 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 52 section 3609-a of the education law in the school year following the 53 year in which application was made. 54 3. Notwithstanding the provisions of section 3609-a of the education 55 law, an amount equal to the amount paid to a school district pursuant to 56 subdivisions one and two of this section shall first be deducted fromS. 8306--A 24 A. 8806--A 1 the following payments due the school district during the school year 2 following the year in which application was made pursuant to subpara- 3 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 4 section 3609-a of the education law in the following order: the lottery 5 apportionment payable pursuant to subparagraph (2) of such paragraph 6 followed by the fixed fall payments payable pursuant to subparagraph (4) 7 of such paragraph and then followed by the district's payments to the 8 teachers' retirement system pursuant to subparagraph (1) of such para- 9 graph, and any remainder to be deducted from the individualized payments 10 due the district pursuant to paragraph b of such subdivision shall be 11 deducted on a chronological basis starting with the earliest payment due 12 the district. 13 § 37. The amounts specified in this section shall be a set-aside from 14 the state funds which each such district is receiving from the total 15 foundation aid: 16 1. for the development, maintenance or expansion of magnet schools or 17 magnet school programs for the 2024--2025 school year. For the city 18 school district of the city of New York there shall be a set-aside of 19 foundation aid equal to forty-eight million one hundred seventy-five 20 thousand dollars ($48,175,000) including five hundred thousand dollars 21 ($500,000) for the Andrew Jackson High School; for the Buffalo city 22 school district, twenty-one million twenty-five thousand dollars 23 ($21,025,000); for the Rochester city school district, fifteen million 24 dollars ($15,000,000); for the Syracuse city school district, thirteen 25 million dollars ($13,000,000); for the Yonkers city school district, 26 forty-nine million five hundred thousand dollars ($49,500,000); for the 27 Newburgh city school district, four million six hundred forty-five thou- 28 sand dollars ($4,645,000); for the Poughkeepsie city school district, 29 two million four hundred seventy-five thousand dollars ($2,475,000); for 30 the Mount Vernon city school district, two million dollars ($2,000,000); 31 for the New Rochelle city school district, one million four hundred ten 32 thousand dollars ($1,410,000); for the Schenectady city school district, 33 one million eight hundred thousand dollars ($1,800,000); for the Port 34 Chester city school district, one million one hundred fifty thousand 35 dollars ($1,150,000); for the White Plains city school district, nine 36 hundred thousand dollars ($900,000); for the Niagara Falls city school 37 district, six hundred thousand dollars ($600,000); for the Albany city 38 school district, three million five hundred fifty thousand dollars 39 ($3,550,000); for the Utica city school district, two million dollars 40 ($2,000,000); for the Beacon city school district, five hundred sixty- 41 six thousand dollars ($566,000); for the Middletown city school 42 district, four hundred thousand dollars ($400,000); for the Freeport 43 union free school district, four hundred thousand dollars ($400,000); 44 for the Greenburgh central school district, three hundred thousand 45 dollars ($300,000); for the Amsterdam city school district, eight 46 hundred thousand dollars ($800,000); for the Peekskill city school 47 district, two hundred thousand dollars ($200,000); and for the Hudson 48 city school district, four hundred thousand dollars ($400,000). 49 2. Notwithstanding any inconsistent provision of law to the contrary, 50 a school district setting aside such foundation aid pursuant to this 51 section may use such set-aside funds for: (a) any instructional or 52 instructional support costs associated with the operation of a magnet 53 school; or (b) any instructional or instructional support costs associ- 54 ated with implementation of an alternative approach to promote diversity 55 and/or enhancement of the instructional program and raising of standardsS. 8306--A 25 A. 8806--A 1 in elementary and secondary schools of school districts having substan- 2 tial concentrations of minority students. 3 3. The commissioner of education shall not be authorized to withhold 4 foundation aid from a school district that used such funds in accordance 5 with this paragraph, notwithstanding any inconsistency with a request 6 for proposals issued by such commissioner for the purpose of attendance 7 improvement and dropout prevention for the 2024--2025 school year, and 8 for any city school district in a city having a population of more than 9 one million, the set-aside for attendance improvement and dropout 10 prevention shall equal the amount set aside in the base year. For the 11 2024--2025 school year, it is further provided that any city school 12 district in a city having a population of more than one million shall 13 allocate at least one-third of any increase from base year levels in 14 funds set aside pursuant to the requirements of this section to communi- 15 ty-based organizations. Any increase required pursuant to this section 16 to community-based organizations must be in addition to allocations 17 provided to community-based organizations in the base year. 18 4. For the purpose of teacher support for the 2024--2025 school year: 19 for the city school district of the city of New York, sixty-two million 20 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 21 school district, one million seven hundred forty-one thousand dollars 22 ($1,741,000); for the Rochester city school district, one million seven- 23 ty-six thousand dollars ($1,076,000); for the Yonkers city school 24 district, one million one hundred forty-seven thousand dollars 25 ($1,147,000); and for the Syracuse city school district, eight hundred 26 nine thousand dollars ($809,000). All funds made available to a school 27 district pursuant to this section shall be distributed among teachers 28 including prekindergarten teachers and teachers of adult vocational and 29 academic subjects in accordance with this section and shall be in addi- 30 tion to salaries heretofore or hereafter negotiated or made available; 31 provided, however, that all funds distributed pursuant to this section 32 for the current year shall be deemed to incorporate all funds distrib- 33 uted pursuant to former subdivision 27 of section 3602 of the education 34 law for prior years. In school districts where the teachers are repres- 35 ented by certified or recognized employee organizations, all salary 36 increases funded pursuant to this section shall be determined by sepa- 37 rate collective negotiations conducted pursuant to the provisions and 38 procedures of article 14 of the civil service law, notwithstanding the 39 existence of a negotiated agreement between a school district and a 40 certified or recognized employee organization. 41 § 38. Support of public libraries. The moneys appropriated for the 42 support of public libraries by a chapter of the laws of 2024 enacting 43 the aid to localities budget shall be apportioned for the 2024--2025 44 state fiscal year in accordance with the provisions of sections 271, 45 272, 273, 282, 284, and 285 of the education law as amended by the 46 provisions of such chapter and the provisions of this section, provided 47 that library construction aid pursuant to section 273-a of the education 48 law shall not be payable from the appropriations for the support of 49 public libraries and provided further that no library, library system or 50 program, as defined by the commissioner of education, shall receive less 51 total system or program aid than it received for the year 2001--2002 52 except as a result of a reduction adjustment necessary to conform to the 53 appropriations for support of public libraries. 54 Notwithstanding any other provision of law to the contrary the moneys 55 appropriated for the support of public libraries for the year 2024--2025 56 by a chapter of the laws of 2024 enacting the aid to localities budgetS. 8306--A 26 A. 8806--A 1 shall fulfill the state's obligation to provide such aid and, pursuant 2 to a plan developed by the commissioner of education and approved by the 3 director of the budget, the aid payable to libraries and library systems 4 pursuant to such appropriations shall be reduced proportionately to 5 assure that the total amount of aid payable does not exceed the total 6 appropriations for such purpose. 7 § 39. Severability. The provisions of this act shall be severable, and 8 if the application of any clause, sentence, paragraph, subdivision, 9 section or part of this act to any person or circumstance shall be 10 adjudged by any court of competent jurisdiction to be invalid, such 11 judgment shall not necessarily affect, impair or invalidate the applica- 12 tion of any such clause, sentence, paragraph, subdivision, section, part 13 of this act or remainder thereof, as the case may be, to any other 14 person or circumstance, but shall be confined in its operation to the 15 clause, sentence, paragraph, subdivision, section or part thereof 16 directly involved in the controversy in which such judgment shall have 17 been rendered. 18 § 40. This act shall take effect immediately, and shall be deemed to 19 have been in full force and effect on and after April 1, 2024, provided, 20 however, that: 21 1. sections one, two, three, four, five, six, eight, ten, twelve, 22 thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three, 23 twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall 24 take effect July 1, 2024; 25 2. section seven of this act shall take effect July 1, 2025; 26 3. the amendments to chapter 756 of the laws of 1992, relating to 27 funding a program for work force education conducted by a consortium for 28 worker education in New York City made by sections twenty-seven and 29 twenty-eight of this act shall not affect the repeal of such chapter and 30 shall be deemed repealed therewith; and 31 4. the amendments to paragraph (d) of subdivision 1 of section 2856 of 32 the education law made by section thirty of this act shall be subject to 33 the expiration and reversion of such subdivision pursuant to subdivision 34 d of section 27 of chapter 378 of the laws of 2007, as amended, when 35 upon such date the provisions of section thirty-one of this act shall 36 take effect. 37 PART B 38 Section 1. The education law is amended by adding a new section 818 to 39 read as follows: 40 § 818. Evidence-based and scientifically based reading instruction. 1. 41 (a) On or before July first, two thousand twenty-four, the commissioner 42 shall provide school districts with the instructional best practices for 43 the teaching of reading to students in prekindergarten through grade 44 three. Instructional best practices for the teaching of reading shall 45 be evidence-based and scientifically based, focusing on reading compe- 46 tency in the areas of phonemic awareness, phonics, vocabulary develop- 47 ment, reading fluency, comprehension, including background knowledge, 48 oral language and writing, oral skill development, and align with the 49 culturally responsive-sustaining (CR-S) framework. Such instructional 50 best practices shall be periodically updated by the commissioner where 51 appropriate. 52 (b) All school districts in the state shall annually review their 53 curriculum and instructional practices in the subject of reading for 54 students in prekindergarten through grade three to ensure that theyS. 8306--A 27 A. 8806--A 1 align with the reading instructional best practices issued by the 2 commissioner, and that all early reading instructional practices and 3 interventions are part of an aligned plan designed to improve student 4 reading outcomes in prekindergarten through grade three. 5 2. For purposes of this section, the following terms shall have the 6 following meanings: 7 (a) "Culturally responsive-sustaining (CR-S) framework" means a frame- 8 work that promotes learning environments that affirm racial, linguistic, 9 and cultural identities; engages students with rigorous, supportive 10 instruction; develops their abilities to connect across lines of differ- 11 ence; elevates historically marginalized voices; and empowers students 12 as agents of social change. 13 (b) "Evidence-based and scientifically based" means an interdiscipli- 14 nary body of research that describes how reading and writing skills and 15 competencies develop from prekindergarten through secondary education 16 and provides evidence-based guidance to inform curriculum and pedagogy. 17 (c) "Phonemic awareness" means the ability to notice, think about and 18 manipulate individual sounds in spoken syllables and words. 19 (d) "Comprehension" means a function of word recognition skills and 20 language comprehension skills and shall include having sufficient back- 21 ground information and vocabulary for the reader to understand the words 22 in front of them. It also includes the active process that requires 23 intentional thinking, during which meaning is constructed through inter- 24 actions between the text and the reader. Comprehension skills are taught 25 explicitly by demonstrating, explaining, modeling and implementing 26 specific cognitive strategies to help beginning readers derive meaning 27 through intentional, problem-solving thinking processes. 28 (e) "Reading fluency" means the ability to read words, phrases, and 29 sentences accurately, at an appropriate speed, and with expression. 30 (f) "Vocabulary development" means the process of acquiring new words 31 and includes improving all areas of communication, including listening, 32 speaking, reading, and writing, which is directly related to school 33 achievement and is a strong predictor for reading success. 34 3. On or before September first, two thousand twenty-five, and on or 35 before September first of each year thereafter, all school districts in 36 the state shall certify to the commissioner that their curriculum and 37 instructional strategies and teacher professional development in the 38 subject of reading in prekindergarten through grade three align with all 39 of the elements of the instructional best practices issued by the 40 commissioner pursuant to this section. 41 4. Compliance with this section shall be subject to review by the 42 commissioner pursuant to section three hundred ten of this title and by 43 article seventy-eight of the civil practice law and rules. 44 § 2. This act shall take effect immediately. 45 PART C 46 Section 1. Section 305 of the education law is amended by adding a new 47 subdivision 61 to read as follows: 48 61. a. Notwithstanding any provision of law to the contrary, the 49 commissioner shall require each school district to obtain documentation 50 reflecting one of the following from the parent or guardian of each 51 student or, if the student is eighteen years of age or older or legally 52 emancipated, such student, during the school year in which the student 53 is a senior enrolled in such school district: (1) certification of 54 completion and submission of either the free application for federalS. 8306--A 28 A. 8806--A 1 student aid (FAFSA) for such student or, if applicable, the Jose Peralta 2 New York State DREAM Act application; or (2) completion of a waiver form 3 promulgated by the department, to be filed with the student's school 4 district indicating that the parent or guardian or, if the student is 5 eighteen years of age or older or legally emancipated, the student, 6 understands what the FAFSA is and has chosen not to file an application 7 pursuant to the provisions of subparagraph one of this paragraph. For 8 purposes of subparagraph one of this paragraph, the required certif- 9 ication shall not designate which type of application was submitted by 10 the parent, guardian, or student. 11 b. On and after July first, two thousand twenty-five, each school 12 district shall annually report to the department the following data for 13 all seniors enrolled in such school district, aggregated by high school: 14 (1) the total number of students certified to have submitted either the 15 free application for federal student aid (FAFSA) or, if applicable, the 16 Jose Peralta New York State DREAM Act application; (2) the number of 17 students who completed a waiver pursuant to paragraph a of this subdivi- 18 sion; and (3) the total number of seniors enrolled. 19 c. The commissioner shall promulgate rules and regulations necessary 20 to implement this subdivision, including requiring each school district 21 to give notice, no less than four times during each school year, with an 22 explanation to each high school senior of the state-sponsored scholar- 23 ships, financial aid and assistance available to students attending 24 college or post-secondary education, and to provide access and/or refer- 25 rals to support or assistance necessary for completion of the FAFSA. 26 § 2. This act shall take effect on the first of July next succeeding 27 the date on which it shall have become a law. Effective immediately, the 28 addition, amendment and/or repeal of any rule or regulation necessary 29 for the implementation of this act on its effective date are authorized 30 to be made and completed on or before such effective date. 31 PART D 32 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of 33 section 6401 of the education law, as amended by chapter 717 of the laws 34 of 1981, is amended to read as follows: 35 Notwithstanding the provisions of any other law, in order to qualify 36 for state aid apportionments pursuant to this section, any institution 37 of higher education must meet either the requirements set forth in 38 subparagraphs (i) through [(v)] (vi) of this paragraph or, in the alter- 39 native, the requirements set forth in paragraph (b) of this subdivision: 40 § 2. Paragraph (a) of subdivision 2 of section 6401 of the education 41 law is amended by adding a new subparagraph (vi) to read as follows: 42 (vi) The institution must have total endowment assets of less than 43 seven hundred fifty million dollars ($750,000,000), based on the most 44 recent academic year data collected in the Integrated Postsecondary 45 Education Data System, as required under Title IV of the Higher Educa- 46 tion Act of 1965, as amended, and reported by the Department of 47 Education's National Center for Education Statistics. 48 § 3. Paragraph (b) of subdivision 2 of section 6401 of the education 49 law is amended by adding a new subparagraph (vi) to read as follows: 50 (vi) The sponsoring college must have total endowment assets of less 51 than seven hundred fifty million dollars ($750,000,000), based on the 52 most recent academic year data collected in the Integrated Postsecondary 53 Education Data System, as required under Title IV of the Higher Educa-S. 8306--A 29 A. 8806--A 1 tion Act of 1965, as amended, and reported by the Department of 2 Education's National Center for Education Statistics. 3 § 4. Subdivision 3 of section 6401 of the education law, as amended by 4 chapter 361 of the laws of 2014, is amended to read as follows: 5 3. Degree awards. The amount of such annual apportionment to each 6 institution meeting the requirements of subdivision two of this section 7 shall be computed by multiplying by not to exceed six hundred dollars 8 the number of earned associate degrees, by not to exceed one thousand 9 five hundred dollars the number of earned bachelor's degrees, by not to 10 exceed nine hundred fifty dollars the number of earned master's degrees, 11 and by not to exceed four thousand five hundred fifty dollars the number 12 of earned doctorate degrees, conferred by such institution during the 13 twelve-month period next preceding the annual period for which such 14 apportionment is made, provided that there shall be excluded from any 15 such computation the number of degrees earned by students with respect 16 to whom state aid other than that established by this section or section 17 sixty-four hundred one-a of this article is granted directly to the 18 institution, and provided further that, except as otherwise provided in 19 this subdivision, the amount apportioned for an associate degree shall 20 be awarded only to two year institutions qualifying under subdivision 21 two of this section. The regents shall promulgate rules defining and 22 classifying professional degrees for the purposes of this section. 23 Institutions qualifying for state aid pursuant to the provisions of 24 paragraph (b) of subdivision two of this section shall, for purposes of 25 this subdivision, be deemed to be the institutions which confer degrees. 26 For purposes of this subdivision, a two-year institution which has 27 received authority to confer bachelor degrees shall continue to be 28 considered a two-year institution until such time as it has actually 29 begun to confer the bachelor's degree. Thereafter, notwithstanding any 30 other provision of law to the contrary, an institution which was former- 31 ly a two-year institution for the purposes of this section and which was 32 granted authority by the regents to confer bachelor degrees, (a) such 33 authority having been granted after the first day of June, nineteen 34 hundred ninety-three, but before the first day of July, nineteen hundred 35 ninety-three, (b) such authority having been granted after the first day 36 of May, two thousand five, but before the first day of June, two thou- 37 sand five, (c) such authority having been granted after the first day of 38 April, two thousand nine, but before the first day of May, two thousand 39 nine, or (d) such authority having been granted after the first day of 40 December, two thousand nine, but before the first day of January, two 41 thousand ten, may elect to continue to receive awards for earned associ- 42 ate degrees. Should such institution so elect, it shall not be eligible 43 during the time of such election to receive awards for earned bachelor's 44 degrees. Notwithstanding the preceding provisions of this subdivision, 45 in the event that the total amount of such annual apportionments to all 46 institutions meeting the requirements of subdivision two of this section 47 would otherwise exceed the total amount appropriated for unrestricted 48 aid to independent colleges and universities, the annual apportionment 49 to each such institution shall be reduced proportionally. 50 § 5. This act shall take effect July 1, 2024. 51 PART E 52 Section 1. Paragraph d of subdivision 7 of section 2-d of the educa- 53 tion law, as added by section 1 of subpart L of part AA of chapter 56 of 54 the laws of 2014, is amended to read as follows:S. 8306--A 30 A. 8806--A 1 d. Nothing in this section shall limit the administrative use of 2 student data or teacher or principal data by a person acting exclusively 3 in the person's capacity as an employee of an educational agency or of 4 the state or any of its political subdivisions, any court or the federal 5 government that is otherwise required by law. Nothing in this section 6 shall limit the sharing of student data with the New York state higher 7 education services corporation, the state university of New York, or the 8 city university of New York for educational purposes pursuant to the 9 provisions of the family educational rights and privacy act, 20 U.S.C. 10 section 1232g. 11 § 2. Section 655 of the education law is amended by adding a new 12 subdivision 9-a to read as follows: 13 9-a. To provide to any state educational authority such assistance and 14 data as the president deems necessary for purposes of financial aid 15 program evaluation. 16 § 3. This act shall take effect immediately. 17 PART F 18 Section 1. Section 16 of chapter 260 of the laws of 2011 amending the 19 education law and the New York state urban development corporation act 20 relating to establishing components of the NY-SUNY 2020 challenge grant 21 program, as amended by section 4 of part DD of chapter 56 of the laws of 22 2021, is amended to read as follows: 23 § 16. This act shall take effect July 1, 2011; provided [that sections24one, two, three, four, five, six, eight, nine, ten, eleven, twelve and25thirteen of this act shall expire 13 years after such effective date26when upon such date the provisions of this act shall be deemed repealed;27and provided further] that sections fourteen and fifteen of this act 28 shall expire 5 years after such effective date when upon such date [the] 29 such provisions [of this act] shall be deemed repealed. 30 § 2. This act shall take effect immediately. 31 PART G 32 Section 1. Section 3 of part N of chapter 56 of the laws of 2020, 33 amending the social services law relating to restructuring financing for 34 residential school placements, as amended by section 1 of part V of 35 chapter 56 of the laws of 2023, is amended to read as follows: 36 § 3. This act shall take effect immediately [and shall expire and be37deemed repealed April 1, 2024]; provided however that the amendments to 38 subdivision 10 of section 153 of the social services law made by section 39 one of this act, shall not affect the expiration of such subdivision and 40 shall be deemed to expire therewith. 41 § 2. This act shall take effect immediately and shall be deemed to 42 have been in full force and effect on and after April 1, 2024. 43 PART H 44 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 45 section 131-o of the social services law, as amended by section 1 of 46 part Z of chapter 56 of the laws of 2023, are amended to read as 47 follows: 48 (a) in the case of each individual receiving family care, an amount 49 equal to at least [$175.00] $181.00 for each month beginning on or after 50 January first, two thousand [twenty-three] twenty-four.S. 8306--A 31 A. 8806--A 1 (b) in the case of each individual receiving residential care, an 2 amount equal to at least [$202.00] $208.00 for each month beginning on 3 or after January first, two thousand [twenty-three] twenty-four. 4 (c) in the case of each individual receiving enhanced residential 5 care, an amount equal to at least [$241.00] $249.00 for each month 6 beginning on or after January first, two thousand [twenty-three] twen- 7 ty-four. 8 (d) for the period commencing January first, two thousand [twenty-9four] twenty-five, the monthly personal needs allowance shall be an 10 amount equal to the sum of the amounts set forth in subparagraphs one 11 and two of this paragraph: 12 (1) the amounts specified in paragraphs (a), (b) and (c) of this 13 subdivision; and 14 (2) the amount in subparagraph one of this paragraph, multiplied by 15 the percentage of any federal supplemental security income cost of 16 living adjustment which becomes effective on or after January first, two 17 thousand [twenty-four] twenty-five, but prior to June thirtieth, two 18 thousand [twenty-four] twenty-five, rounded to the nearest whole dollar. 19 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 20 section 209 of the social services law, as amended by section 2 of part 21 Z of chapter 56 of the laws of 2023, are amended to read as follows: 22 (a) On and after January first, two thousand [twenty-three] twenty- 23 four, for an eligible individual living alone, [$1,001.00] $1,030.00; 24 and for an eligible couple living alone, [$1,475.00] $1,519.00. 25 (b) On and after January first, two thousand [twenty-three] twenty- 26 four, for an eligible individual living with others with or without 27 in-kind income, [$937.00] $966.00; and for an eligible couple living 28 with others with or without in-kind income, [$1,417.00] $1,461.00. 29 (c) On and after January first, two thousand [twenty-three] twenty- 30 four, (i) for an eligible individual receiving family care, [$1,180.48] 31 $1,209.48 if he or she is receiving such care in the city of New York or 32 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 33 eligible couple receiving family care in the city of New York or the 34 county of Nassau, Suffolk, Westchester or Rockland, two times the amount 35 set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- 36 ble individual receiving such care in any other county in the state, 37 [$1,142.48] $1,171.48; and (iv) for an eligible couple receiving such 38 care in any other county in the state, two times the amount set forth in 39 subparagraph (iii) of this paragraph. 40 (d) On and after January first, two thousand [twenty-three] twenty- 41 four, (i) for an eligible individual receiving residential care, 42 [$1,349.00] $1,378.00 if he or she is receiving such care in the city of 43 New York or the county of Nassau, Suffolk, Westchester or Rockland; and 44 (ii) for an eligible couple receiving residential care in the city of 45 New York or the county of Nassau, Suffolk, Westchester or Rockland, two 46 times the amount set forth in subparagraph (i) of this paragraph; or 47 (iii) for an eligible individual receiving such care in any other county 48 in the state, [$1,319.00] $1,348.00; and (iv) for an eligible couple 49 receiving such care in any other county in the state, two times the 50 amount set forth in subparagraph (iii) of this paragraph. 51 (e) On and after January first, two thousand [twenty-three] twenty- 52 four, (i) for an eligible individual receiving enhanced residential 53 care, [$1,608.00] $1,637.00; and (ii) for an eligible couple receiving 54 enhanced residential care, two times the amount set forth in subpara- 55 graph (i) of this paragraph.S. 8306--A 32 A. 8806--A 1 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 2 vision shall be increased to reflect any increases in federal supple- 3 mental security income benefits for individuals or couples which become 4 effective on or after January first, two thousand [twenty-four] twenty- 5 five but prior to June thirtieth, two thousand [twenty-four] 6 twenty-five. 7 § 3. This act shall take effect December 31, 2024. 8 PART I 9 Section 1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi- 10 sion 1 of section 413 of the family court act, as amended by chapter 567 11 of the laws of 1989, is amended to read as follows: 12 (iv) at the discretion of the court, the court may attribute or impute 13 income from[,] such other resources as may be available to the parent, 14 including, but not limited to: 15 (A) non-income producing assets, 16 (B) meals, lodging, memberships, automobiles or other perquisites that 17 are provided as part of compensation for employment to the extent that 18 such perquisites constitute expenditures for personal use, or which 19 expenditures directly or [indirecly] indirectly confer personal economic 20 benefits, 21 (C) fringe benefits provided as part of compensation for employment, 22 and 23 (D) money, goods, or services provided by relatives and friends; 24 In determining the amount of income that may be attributed or imputed, 25 the court shall consider the specific circumstances of the parent, to 26 the extent known, including such factors as the parent's assets, resi- 27 dence, employment and earning history, job skills, educational attain- 28 ment, literacy, age, health, criminal record and other employment barri- 29 ers, record of seeking work, the local job market, the availability of 30 employers willing to hire the parent, prevailing earnings level in the 31 local community, and other relevant background factors such as the age, 32 number, needs, and care of the children covered by the child support 33 order. Attribution or imputation of income shall be accompanied by 34 specific written findings identifying the basis or bases for such deter- 35 mination utilizing factors required or permitted to be considered pursu- 36 ant to this clause; 37 § 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b 38 of section 240 of the domestic relations law, as added by chapter 567 of 39 the laws of 1989, is amended to read as follows: 40 (iv) at the discretion of the court, the court may attribute or impute 41 income from[,] such other resources as may be available to the parent, 42 including, but not limited to: 43 (A) non-income producing assets, 44 (B) meals, lodging, memberships, automobiles or other perquisites that 45 are provided as part of compensation for employment to the extent that 46 such perquisites constitute expenditures for personal use, or which 47 expenditures directly or [indirecly] indirectly confer personal economic 48 benefits, 49 (C) fringe benefits provided as part of compensation for employment, 50 and 51 (D) money, goods, or services provided by relatives and friends; 52 In determining the amount of income that may be attributed or imputed, 53 the court shall consider the specific circumstances of the parent, to 54 the extent known, including such factors as the parent's assets, resi-S. 8306--A 33 A. 8806--A 1 dence, employment and earning history, job skills, educational attain- 2 ment, literacy, age, health, criminal record and other employment barri- 3 ers, record of seeking work, the local job market, the availability of 4 employers willing to hire the parent, prevailing earnings level in the 5 local community, and other relevant background factors such as the age, 6 number, needs, and care of the children covered by the child support 7 order. Attribution or imputation of income shall be accompanied by 8 specific written findings identifying the basis or bases for such deter- 9 mination utilizing factors required or permitted to be considered pursu- 10 ant to this clause; 11 § 3. Paragraph (k) of subdivision 1 of section 413 of the family court 12 act, as amended by chapter 567 of the laws of 1989, is amended to read 13 as follows: 14 (k) When a party has defaulted and/or the court is otherwise presented 15 with insufficient evidence to determine gross income, [the court shall16order child support based upon the needs or standard of living of the17child, whichever is greater] the support obligation shall be based on 18 available information about the specific circumstances of the parent, in 19 accordance with clause (iv) of subparagraph five of paragraph (b) of 20 this subdivision. Such order may be retroactively modified upward, with- 21 out a showing of change in circumstances. 22 § 4. Paragraph (k) of subdivision 1-b of section 240 of the domestic 23 relations law, as added by chapter 567 of the laws of 1989, is amended 24 to read as follows: 25 (k) When a party has defaulted and/or the court is otherwise presented 26 with insufficient evidence to determine gross income, [the court shall27order child support based upon the needs or standard of living of the28child, whichever is greater] the support obligation shall be based on 29 available information about the specific circumstances of the parent, in 30 accordance with clause (iv) of subparagraph five of paragraph (b) of 31 this subdivision. Such order may be retroactively modified upward, with- 32 out a showing of change in circumstances. 33 § 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of 34 section 413 of the family court act, as amended by chapter 313 of the 35 laws of 2019, is amended to read as follows: 36 (v) an amount imputed as income based upon the parent's former 37 resources or income, if the court determines that a parent has reduced 38 resources or income in order to reduce or avoid the parent's obligation 39 for child support; provided that incarceration shall not be considered 40 voluntary unemployment[, unless such incarceration is the result of41non-payment of a child support order, or an offense against the custo-42dial parent or child who is the subject of the order or judgment]; 43 § 6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b 44 of section 240 of the domestic relations law, as amended by chapter 313 45 of the laws of 2019, is amended to read as follows: 46 (v) an amount imputed as income based upon the parent's former 47 resources or income, if the court determines that a parent has reduced 48 resources or income in order to reduce or avoid the parent's obligation 49 for child support; provided that incarceration shall not be considered 50 voluntary unemployment[, unless such incarceration is the result of51non-payment of a child support order, or an offense against the custo-52dial parent or child who is the subject of the order or judgment]; 53 § 7. Paragraph (a) of subdivision 3 of section 451 of the family court 54 act, as amended by chapter 313 of the laws of 2019, is amended to read 55 as follows:S. 8306--A 34 A. 8806--A 1 (a) The court may modify an order of child support, including an order 2 incorporating without merging an agreement or stipulation of the 3 parties, upon a showing of a substantial change in circumstances. 4 Incarceration shall not be considered voluntary unemployment and shall 5 not be a bar to finding a substantial change in circumstances [provided6such incarceration is not the result of non-payment of a child support7order, or an offense against the custodial parent or child who is the8subject of the order or judgment]. 9 § 8. Clause (i) of subparagraph 2 of paragraph b of subdivision 9 of 10 part B of section 236 of the domestic relations law, as amended by chap- 11 ter 313 of the laws of 2019, is amended to read as follows: 12 (i) The court may modify an order of child support, including an order 13 incorporating without merging an agreement or stipulation of the 14 parties, upon a showing of a substantial change in circumstances. 15 Incarceration shall not be considered voluntary unemployment and shall 16 not be a bar to finding a substantial change in circumstances [provided17such incarceration is not the result of non-payment of a child support18order, or an offense against the custodial parent or child who is the19subject of the order or judgment]. 20 § 9. This act shall take effect immediately, and shall apply to any 21 action or proceeding pending upon or commenced on or after such effec- 22 tive date. 23 PART J 24 Section 1. Subdivision 1 of section 206-c of the labor law, as amended 25 by chapter 672 of the laws of 2022, is amended to read as follows: 26 1. An employer shall provide [reasonable unpaid] paid break time [or] 27 for up to twenty minutes, and permit an employee to use existing paid 28 break time or meal time for time in excess of twenty minutes, to allow 29 an employee to express breast milk for her nursing child each time such 30 employee has reasonable need to express breast milk for up to three 31 years following child birth. No employer shall discriminate in any way 32 against an employee who chooses to express breast milk in the work 33 place. 34 § 2. This act shall take effect on the sixtieth day after it shall 35 have become a law. 36 PART K 37 Section 1. Subdivision 1-a of section 198 of the labor law, as amended 38 by chapter 362 of the laws of 2015, is amended to read as follows: 39 1-a. On behalf of any employee paid less than the wage to which he or 40 she is entitled under the provisions of this article, the commissioner 41 may bring any legal action necessary, including administrative action, 42 to collect such claim and as part of such legal action, in addition to 43 any other remedies and penalties otherwise available under this article, 44 the commissioner shall assess against the employer the full amount of 45 any such underpayment, and an additional amount as liquidated damages, 46 unless the employer proves a good faith basis for believing that its 47 underpayment of wages was in compliance with the law. Liquidated damages 48 shall be calculated by the commissioner as no more than one hundred 49 percent of the total amount of wages found to be due, except such liqui- 50 dated damages may be up to three hundred percent of the total amount of 51 the wages found to be due for a willful violation of section one hundred 52 ninety-four of this article. In any action instituted in the courts uponS. 8306--A 35 A. 8806--A 1 a wage claim by an employee or the commissioner in which the employee 2 prevails, the court shall allow such employee to recover the full amount 3 of any underpayment, all reasonable attorney's fees, prejudgment inter- 4 est as required under the civil practice law and rules, and, unless the 5 employer proves a good faith basis to believe that its underpayment of 6 wages was in compliance with the law, an additional amount as liquidated 7 damages equal to one hundred percent of the total amount of the wages 8 found to be due, except such liquidated damages may be up to three 9 hundred percent of the total amount of the wages found to be due for a 10 willful violation of section one hundred ninety-four of this article. 11 Notwithstanding the provisions of this subdivision, liquidated damages 12 shall not be applicable to violations of paragraph a of subdivision one 13 of section one hundred ninety-one of this article where the employee was 14 paid in accordance with the agreed terms of employment, but not less 15 frequently than semi-monthly. 16 § 2. This act shall take effect on the sixtieth day after it shall 17 have become a law. 18 PART L 19 Section 1. Subdivision 3 of section 218 of the labor law, as amended 20 by chapter 2 of the laws of 2015, is amended to read as follows: 21 3. (a) Provided that no proceeding for administrative or judicial 22 review as provided in this chapter shall then be pending and the time 23 for initiation of such proceeding shall have expired, the commissioner 24 may file with the county clerk of the county where the employer resides 25 or has a place of business the order of the commissioner, or the deci- 26 sion of the industrial board of appeals containing the amount found to 27 be due including the civil penalty, if any, and at the commissioner's 28 discretion, an additional fifteen percent damages upon any outstanding 29 monies owed. [At] Notwithstanding any provision to the contrary, in 30 execution of any order or decision filed by the commissioner pursuant to 31 this section, the commissioner shall have all the powers conferred upon 32 sheriffs by article twenty-five of the civil practice law and rules, but 33 they shall be entitled to no fee or compensation in excess of the actual 34 expenses paid in the performance of such duty. Additionally, at the 35 request of an employee, the commissioner shall assign, without consider- 36 ation or liability, that portion of the filed order that constitutes 37 wages, wage supplements, interest on wages or wage supplements, or 38 liquidated damages due that employee, to that employee and may file an 39 assignment or order in that amount in the name of that employee with the 40 county clerk of the county where the employer resides or has a place of 41 business. The filing of such assignment, order or decision shall have 42 the full force and effect of a judgment duly docketed in the office of 43 such clerk. The assignment[, order or decision] may be enforced [by and44in the name of the commissioner, or] by the employee[,] in the same 45 manner, and with like effect, as that prescribed by the civil practice 46 law and rules for the enforcement of a money judgment. 47 (b) In addition and as an alternative to any other remedy provided by 48 this section and provided that no proceeding for administrative or judi- 49 cial review as provided in this chapter shall then be pending and the 50 time for initiation of such proceeding shall have expired, the commis- 51 sioner may issue a warrant under their official seal, directed to the 52 sheriff of any county, commanding them to levy upon and sell the real 53 and personal property which may be found within their county of an 54 employer who has defaulted in the payment of any sum determined to beS. 8306--A 36 A. 8806--A 1 due from such employer for the payment of such sum together with inter- 2 est, penalties, and the cost of executing the warrant, and to return 3 such warrant to the commissioner and to pay into the fund the money 4 collected by virtue thereof within sixty days after the receipt of such 5 warrant. The sheriff shall, within five days after the receipt of the 6 warrant, file with the clerk of the county a copy thereof, and thereupon 7 such clerk shall enter in the judgment docket the name of the employer 8 mentioned in the warrant and the amount of the contribution, interest, 9 and penalties for which the warrant is issued and the date when such 10 copy is filed. Thereupon the amount of such warrant so docketed shall 11 become a lien upon the title to and interest in real property and chat- 12 tels of the employer against whom the warrant is issued in the same 13 manner as a judgment duly docketed in the office of such clerk. The 14 sheriff shall then proceed upon the warrant in the same manner, and with 15 like effect, as that provided by law in respect to executions issued 16 against property upon judgments of a court of record, and for their 17 services in executing the warrant they shall be entitled to the same 18 fees, which they may collect in the same manner. 19 (c) In the discretion of the commissioner, a warrant of like terms, 20 force, and effect may be issued and directed to any officer or employee 21 of the department of labor who may file a copy of such warrant with the 22 clerk of any county in the state, and thereupon each such clerk shall 23 docket it and it shall become a lien in the same manner and with the 24 same force and effect as hereinbefore provided with respect to a warrant 25 issued and directed to and filed by a sheriff; and in the execution 26 thereof such officer or employee shall have all the powers conferred by 27 law upon sheriffs, but they shall be entitled to no fee or compensation 28 in excess of the actual expenses paid in the performance of such duty. 29 If a warrant is returned not satisfied in full, the commissioner shall 30 have the same remedies to enforce the amount thereof as if the commis- 31 sioner had recovered judgment for the same. 32 § 2. Subdivision 3 of section 219 of the labor law, as amended by 33 chapter 2 of the laws of 2015, is amended to read as follows: 34 3. (a) Provided that no proceeding for administrative or judicial 35 review as provided in this chapter shall then be pending and the time 36 for initiation of such proceeding shall have expired, the commissioner 37 may file with the county clerk of the county where the employer resides 38 or has a place of business the order of the commissioner or the decision 39 of the industrial board of appeals containing the amount found to be 40 due, including, at the commissioner's discretion, an additional fifteen 41 percent damages upon any outstanding monies owed. [At] Notwithstanding 42 any provision to the contrary, in execution of any order or decision 43 filed by the commissioner pursuant to this section, the commissioner 44 shall have all the powers conferred upon sheriffs by article twenty-five 45 of the civil practice law and rules, but they shall be entitled to no 46 fee or compensation in excess of the actual expenses paid in the 47 performance of such duty. Additionally, at the request of an employee, 48 the commissioner shall assign, without consideration or liability, that 49 portion of the filed order that constitutes wages, wage supplements, 50 interest on wages or wage supplements, or liquidated damages due the 51 employee, to that employee and may file an assignment or order in that 52 amount in the name of such employee with the county clerk of the county 53 where the employer resides or has a place of business. The filing of 54 such assignment, order or decision shall have the full force and effect 55 of a judgment duly docketed in the office of such clerk. The assign- 56 ment[, order or decision] may be enforced [by and in the name of theS. 8306--A 37 A. 8806--A 1commissioner, or] by the employee[,] in the same manner, and with like 2 effect, as that prescribed by the civil practice law and rules for the 3 enforcement of a money judgment. 4 (b) In addition and as an alternative to any other remedy provided by 5 this section and provided that no proceeding for administrative or judi- 6 cial review as provided in this chapter shall then be pending and the 7 time for initiation of such proceeding shall have expired, the commis- 8 sioner may issue a warrant under their official seal, directed to the 9 sheriff of any county, commanding them to levy upon and sell the real 10 and personal property which may be found within their county of an 11 employer who has defaulted in the payment of any sum determined to be 12 due from such employer for the payment of such sum together with inter- 13 est, penalties, and the cost of executing the warrant, and to return 14 such warrant to the commissioner and to pay into the fund the money 15 collected by virtue thereof within sixty days after the receipt of such 16 warrant. The sheriff shall, within five days after the receipt of the 17 warrant, file with the clerk of the county a copy thereof, and thereupon 18 such clerk shall enter in the judgment docket the name of the employer 19 mentioned in the warrant and the amount of the contribution, interest, 20 and penalties for which the warrant is issued and the date when such 21 copy is filed. Thereupon the amount of such warrant so docketed shall 22 become a lien upon the title to and interest in real property and chat- 23 tels real of the employer against whom the warrant is issued in the same 24 manner as a judgment duly docketed in the office of such clerk. The 25 sheriff shall then proceed upon the warrant in the same manner, and with 26 like effect, as that provided by law in respect to executions issued 27 against property upon judgments of a court of record, and for their 28 services in executing the warrant they shall be entitled to the same 29 fees, which they may collect in the same manner. 30 (c) In the discretion of the commissioner, a warrant of like terms, 31 force, and effect may be issued and directed to any officer or employee 32 of the department of labor who may file a copy of such warrant with the 33 clerk of any county in the state, and thereupon each such clerk shall 34 docket it and it shall become a lien in the same manner and with the 35 same force and effect as hereinbefore provided with respect to a warrant 36 issued and directed to and filed by a sheriff; and in the execution 37 thereof such officer or employee shall have all the powers conferred by 38 law upon sheriffs, but they shall be entitled to no fee or compensation 39 in excess of the actual expenses paid in the performance of such duty. 40 If a warrant is returned not satisfied in full, the commissioner shall 41 have the same remedies to enforce the amount thereof as if the commis- 42 sioner had recovered judgment for the same. 43 § 3. This act shall take effect immediately. 44 PART M 45 Section 1. Section 2 of chapter 25 of the laws of 2020, relating to 46 providing requirements for sick leave and the provision of certain 47 employee benefits when such employee is subject to a mandatory or 48 precautionary order of quarantine or isolation due to COVID-19, is 49 amended to read as follows: 50 § 2. This act shall take effect immediately and shall expire and be 51 deemed repealed July 31, 2024. 52 § 2. This act shall take effect immediately. 53 PART NS. 8306--A 38 A. 8806--A 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 $12,830,000 for the fiscal 4 year ending March 31, 2025. Notwithstanding any other provision of law, 5 and subject to the approval of the New York state director of the budg- 6 et, the board of directors of the state of New York mortgage agency 7 shall authorize the transfer to the housing trust fund corporation, for 8 the purposes of reimbursing any costs associated with neighborhood pres- 9 ervation program contracts authorized by this section, a total sum not 10 to exceed $12,830,000, such transfer to be made from (i) the special 11 account of the mortgage insurance fund created pursuant to section 12 2429-b of the public authorities law, in an amount not to exceed the 13 actual excess balance in the special account of the mortgage insurance 14 fund, as determined and certified by the state of New York mortgage 15 agency for the fiscal year 2023-2024 in accordance with section 2429-b 16 of the public authorities law, if any, and/or (ii) provided that the 17 reserves in the project pool insurance account of the mortgage insurance 18 fund created pursuant to section 2429-b of the public authorities law 19 are sufficient to attain and maintain the credit rating (as determined 20 by the state of New York mortgage agency) required to accomplish the 21 purposes of such account, the project pool insurance account of the 22 mortgage insurance fund, such transfer to be made as soon as practicable 23 but no later than June 30, 2024. 24 § 2. Notwithstanding any other provision of law, the housing trust 25 fund corporation may provide, for purposes of the rural preservation 26 program, a sum not to exceed $5,360,000 for the fiscal year ending March 27 31, 2025. Notwithstanding any other provision of law, and subject to the 28 approval of the New York state director of the budget, the board of 29 directors of the state of New York mortgage agency shall authorize the 30 transfer to the housing trust fund corporation, for the purposes of 31 reimbursing any costs associated with rural preservation program 32 contracts authorized by this section, a total sum not to exceed 33 $5,360,000, such transfer to be made from (i) the special account of the 34 mortgage insurance fund created pursuant to section 2429-b of the public 35 authorities law, in an amount not to exceed the actual excess balance in 36 the special account of the mortgage insurance fund, as determined and 37 certified by the state of New York mortgage agency for the fiscal year 38 2023-2024 in accordance with section 2429-b of the public authorities 39 law, if any, and/or (ii) provided that the reserves in the project pool 40 insurance account of the mortgage insurance fund created pursuant to 41 section 2429-b of the public authorities law are sufficient to attain 42 and maintain the credit rating (as determined by the state of New York 43 mortgage agency) required to accomplish the purposes of such account, 44 the project pool insurance account of the mortgage insurance fund, such 45 transfer to be made as soon as practicable but no later than June 30, 46 2024. 47 § 3. Notwithstanding any other provision of law, the housing trust 48 fund corporation may provide, for purposes of the rural rental assist- 49 ance program pursuant to article 17-A of the private housing finance 50 law, a sum not to exceed $23,180,000 for the fiscal year ending March 51 31, 2025. Notwithstanding any other provision of law, and subject to 52 the approval of the New York state director of the budget, the board of 53 directors of the state of New York mortgage agency shall authorize the 54 transfer to the housing trust fund corporation, for the purposes of 55 reimbursing any costs associated with rural rental assistance program 56 contracts authorized by this section, a total sum not to exceedS. 8306--A 39 A. 8806--A 1 $23,180,000, such transfer to be made from (i) the special account of 2 the mortgage insurance fund created pursuant to section 2429-b of the 3 public authorities law, in an amount not to exceed the actual excess 4 balance in the special account of the mortgage insurance fund, as deter- 5 mined and certified by the state of New York mortgage agency for the 6 fiscal year 2023-2024 in accordance with section 2429-b of the public 7 authorities law, if any, and/or (ii) provided that the reserves in the 8 project pool insurance account of the mortgage insurance fund created 9 pursuant to section 2429-b of the public authorities law are sufficient 10 to attain and maintain the credit rating, as determined by the state of 11 New York mortgage agency, required to accomplish the purposes of such 12 account, the project pool insurance account of the mortgage insurance 13 fund, such transfer shall be made as soon as practicable but no later 14 than June 30, 2024. 15 § 4. Notwithstanding any other provision of law, the homeless housing 16 and assistance corporation may provide, for purposes of the New York 17 state supportive housing program, the solutions to end homelessness 18 program or the operational support for AIDS housing program, or to qual- 19 ified grantees under such programs, in accordance with the requirements 20 of such programs, a sum not to exceed $53,581,000 for the fiscal year 21 ending March 31, 2025. The homeless housing and assistance corporation 22 may enter into an agreement with the office of temporary and disability 23 assistance to administer such sum in accordance with the requirements of 24 such programs. Notwithstanding any other provision of law, and subject 25 to the approval of the New York state director of the budget, the board 26 of directors of the state of New York mortgage agency shall authorize 27 the transfer to the homeless housing and assistance corporation, a total 28 sum not to exceed $53,581,000, such transfer to be made from (i) the 29 special account of the mortgage insurance fund created pursuant to 30 section 2429-b of the public authorities law, in an amount not to exceed 31 the actual excess balance in the special account of the mortgage insur- 32 ance fund, as determined and certified by the state of New York mortgage 33 agency for the fiscal year 2023-2024 in accordance with section 2429-b 34 of the public authorities law, if any, and/or (ii) provided that the 35 reserves in the project pool insurance account of the mortgage insurance 36 fund created pursuant to section 2429-b of the public authorities law 37 are sufficient to attain and maintain the credit rating as determined by 38 the state of New York mortgage agency, required to accomplish the 39 purposes of such account, the project pool insurance account of the 40 mortgage insurance fund, such transfer shall be made as soon as practi- 41 cable but no later than March 31, 2025. 42 § 5. This act shall take effect immediately. 43 PART O 44 Section 1. Short title. This act shall be known and may be cited as 45 the "heirs property protection and deed theft prevention act of 2024". 46 § 2. Subdivision 3 of section 30.10 of the criminal procedure law is 47 amended by adding a new paragraph (h) to read as follows: 48 (h) A prosecution for any felony related to a deed theft or where 49 there is fraud in connection with a transaction involving real property 50 must be commenced within eight years after the commission of the crime. 51 § 3. The penal law is amended by adding a new article 162 to read as 52 follows: 53 ARTICLE 162 54 RESIDENTIAL AND COMMERCIAL DEED THEFTS. 8306--A 40 A. 8806--A 1 Section 162.00 Definitions. 2 162.05 Deed theft in the third degree. 3 162.10 Deed theft in the second degree. 4 162.15 Deed theft in the first degree. 5 162.20 Aggravated deed theft. 6 § 162.00 Definitions. 7 For the purposes of this article, the following terms shall have the 8 following meanings: 9 (1) "Deed theft" is committed by a person who: 10 (a) intentionally alters, falsifies, forges, or misrepresents property 11 documents such as a residential or commercial deed or title, with the 12 intent to deceive, defraud or unlawfully transfer or encumber the owner- 13 ship rights of a residential or commercial property; or 14 (b) with intent to defraud, misrepresents themselves as the owner or 15 authorized representative of residential or commercial real property to 16 induce others to rely on such false information in order to obtain 17 ownership or possession of such real property; or 18 (c) with intent to defraud, takes, obtains, steals, or transfers title 19 or ownership of real property by fraud, forgery, larceny, or any other 20 fraudulent or deceptive practice. 21 (2) "Residential real property" or any derivative word thereof shall 22 have the same meaning as defined in subdivision three of section 187.00 23 of this part. 24 (3) "Commercial real property" or any derivative word thereof shall 25 have the same meaning as defined in paragraph (a) of subdivision six of 26 section four hundred eighty-nine-aaaa of the real property tax law. 27 (4) "Mixed-use property" shall have the same meaning as defined in 28 subdivision twenty-two of section four hundred eighty-nine-aaaa of the 29 real property tax law. 30 (5) "Incompetent" shall have the same meaning as defined in section 31 1-2.9 of the estates, powers and trusts law. 32 (6) "Incapacitated person" shall mean a person who, because of mental 33 disability as defined in subdivision three of section 1.03 of the mental 34 hygiene law or mental deficiency, is unable to care for their own prop- 35 erty and/or personal needs, and is likely to suffer harm because such 36 person is unable to understand and appreciate the nature and conse- 37 quences of not being able to care for their property and/or personal 38 needs. 39 § 162.05 Deed theft in the third degree. 40 A person is guilty of deed theft in the third degree when such person 41 commits deed theft of one commercial real property. 42 Deed theft in the third degree is a class D felony. 43 § 162.10 Deed theft in the second degree. 44 A person is guilty of deed theft in the second degree when such person 45 commits deed theft of: (1) one residential real property; or (2) one 46 commercial mixed-use property with at least one residential unit; or (3) 47 three or more commercial properties. 48 Deed theft in the second degree is a class C felony. 49 § 162.15 Deed theft in the first degree. 50 A person is guilty of deed theft in the first degree when such person: 51 (1) commits deed theft of a residential property that is occupied as a 52 home by at least one person; or (2) commits deed theft of a residential 53 property that involves a home that is owned or occupied by an elderly 54 person or an incompetent, or an incapacitated person, or physically 55 disabled person. 56 Deed theft in the first degree is a class B felony.S. 8306--A 41 A. 8806--A 1 § 162.20 Aggravated deed theft. 2 A person is guilty of aggravated deed theft when such person commits 3 deed theft of three or more residential properties. 4 Aggravated deed theft is a class B felony. 5 § 4. Subdivision 3 of section 187.00 of the penal law, as amended by 6 chapter 507 of the laws of 2009, is amended to read as follows: 7 3. "Residential real property" means real property that is used or 8 occupied, or intended to be used or occupied, wholly or partly, as the 9 home or residence of one or more persons, including real property that 10 is improved by a one-to-four family dwelling, or a residential unit in a 11 building including units owned as condominiums or on a cooperative 12 basis, used or occupied, or intended to be used or occupied, wholly or 13 partly, as the home or residence of one or more persons, but shall not 14 refer to unimproved real property upon which such dwellings are to be 15 constructed. 16 § 5. Section 993 of the real property actions and proceedings law is 17 amended by adding a new subdivision 12 to read as follows: 18 12. Prohibition on initiation of a partition action. No partition 19 action related to an heirs property may be initiated by a co-tenant who 20 did not inherit their share or shares from a relative or by a co-tenant 21 who is not a relative of a co-tenant who inherited their share or shares 22 of the heirs property from a relative. 23 § 6. Section 993 of the real property actions and proceedings law is 24 amended by adding a new subdivision 13 to read as follows: 25 13. Right of first refusal. (a) When a co-tenant receives a bona fide 26 offer from a non-co-tenant to purchase a share or shares of an heirs 27 property and the co-tenant intends to accept or respond with a counter- 28 offer, the co-tenants who inherited their share or shares of the proper- 29 ty, or the co-tenants who are relatives to those co-tenants who inher- 30 ited their share or shares of the property shall have the right to 31 purchase such shares for the identical price, terms, and conditions of 32 the offer or counteroffer. 33 (b) It shall be the duty of the non-co-tenant who made the initial 34 offer for the share or shares of the property as well as the co-tenant 35 who received the offer to exercise all due diligence to identify all of 36 the other co-tenants to the property and notify such co-tenants of the 37 pending offer. Notice shall be made in the same manner as set forth in 38 section three hundred eight of the civil practice law and rules. The 39 other co-tenants shall have ninety days from the date they are notified 40 of the offer to match such offer. 41 (c) In the event that the other co-tenants are not notified of the 42 offer and the sale is completed, and the offeror did not exercise the 43 required due diligence to notify the other co-tenants of the heirs prop- 44 erty, the other co-tenants shall have the right to purchase the shares 45 from the non-relative co-tenant for the price paid by such non-relative 46 co-tenant, plus any applicable interest at a rate of two percent per 47 annum. Such right shall expire ninety days after the other co-tenants to 48 the heirs property are made aware of the sale. 49 § 7. The real property law is amended by adding a new section 424 to 50 read as follows: 51 § 424. Transfer on death deed. 1. Definitions. For the purposes of 52 this section the following terms shall have the following meanings: 53 (a) "Beneficiary" means a person who receives property in a transfer 54 on death deed. 55 (b) "Designated beneficiary" means a person designated to receive 56 property in a transfer on death deed.S. 8306--A 42 A. 8806--A 1 (c) "Joint owner" means an individual who owns property concurrently 2 with one or more other individuals with a right of survivorship. The 3 term includes a joint tenant, owner of community property with a right 4 of survivorship and tenant by the entirety. The term does not include a 5 tenant in common or owner of community property without a right of 6 survivorship. 7 (d) "Person" includes a natural person, an association, board, any 8 corporation, whether municipal, stock or non-stock, court, governmental 9 agency, authority or subdivision, partnership or other firm and the 10 state. 11 (e) "Property" means an interest in real property located in this 12 state which is transferable on the death of the owner. 13 (f) "Transfer on death deed" means a deed authorized under this 14 section. 15 (g) "Transferor" means an individual who makes a transfer on death 16 deed. 17 2. Nonexclusivity. This section does not affect any method of trans- 18 ferring property otherwise permitted under the law of this state. 19 3. Transfer on death deed authorized. An individual may transfer prop- 20 erty to one or more beneficiaries effective at the transferor's death by 21 a transfer on death deed. 22 4. Transfer on death deed revocable. A transfer on death deed is revo- 23 cable even if the deed or another instrument contains a contrary 24 provision. 25 5. Transfer on death deed nontestamentary. A transfer on death deed is 26 nontestamentary. 27 6. Capacity of transferor. The capacity required to make or revoke a 28 transfer on death deed is the same as the capacity required to make a 29 will. 30 7. Requirements. A transfer on death deed: 31 (a) except as otherwise provided in this subdivision, shall contain 32 the essential elements and formalities of a properly recordable inter 33 vivos deed; 34 (b) shall state that the transfer to the designated beneficiary is to 35 occur at the transferor's death; 36 (c) shall be signed by two witnesses who were present at the same time 37 and who witnessed the signing of the transfer on death deed; 38 (d) shall be acknowledged before a notary public; and 39 (e) shall be recorded before the transferor's death in the public 40 records in the county clerk's office of the county where the property is 41 located in the same manner as any other type of deed. 42 8. Notice, delivery, acceptance, consideration not required. A trans- 43 fer on death deed shall be effective without: 44 (a) notice or delivery to or acceptance by the designated beneficiary 45 during the transferor's life; or 46 (b) consideration. 47 9. Revocation by instrument authorized; revocation by act not permit- 48 ted. 49 (a) Subject to paragraph (b) of this subdivision, an instrument shall 50 be effective to revoke a recorded transfer on death deed, or any part of 51 it, only if the instrument: 52 (1) is one of the following: 53 (A) a transfer on death deed that revokes the deed or part of the deed 54 expressly or by inconsistency; 55 (B) an instrument of revocation that expressly revokes the deed or 56 part of the deed; orS. 8306--A 43 A. 8806--A 1 (C) an inter vivos deed that expressly revokes the transfer on death 2 deed or part of the deed; and 3 (2) is acknowledged by the transferor after the acknowledgment of the 4 deed being revoked and recorded before the transferor's death in the 5 public records in the county clerk's office of the county where the deed 6 is recorded. 7 (b) If a transfer on death deed is made by more than one transferor: 8 (1) revocation by a transferor shall not affect the deed as to the 9 interest of another transferor; and 10 (2) a deed of joint owners shall only be revoked if it is revoked by 11 all of the living joint owners. 12 (c) After a transfer on death deed is recorded, it shall not be 13 revoked by a revocatory act on the deed. 14 (d) This section shall not limit the effect of an inter vivos transfer 15 of the property. 16 10. Effect of transfer on death deed during transferor's life. During 17 a transferor's life, a transfer on death deed shall not: 18 (a) affect an interest or right of the transferor or any other owner, 19 including the right to transfer or encumber the property; 20 (b) affect an interest or right of a transferee, even if the transfer- 21 ee has actual or constructive notice of the deed; 22 (c) affect an interest or right of a secured or unsecured creditor or 23 future creditor of the transferor, even if the creditor has actual or 24 constructive notice of the deed; 25 (d) affect the transferor's or designated beneficiary's eligibility 26 for any form of public assistance; 27 (e) create a legal or equitable interest in favor of the designated 28 beneficiary; or 29 (f) subject the property to claims or process of a creditor of the 30 designated beneficiary. 31 11. Effect of transfer on death deed at transferor's death. (a) Except 32 as otherwise provided in the transfer on death deed, in this section or 33 in any other section of law which effects nonprobate transfers, on the 34 death of the transferor, the following rules apply to property that is 35 the subject of a transfer on death deed and owned by the transferor at 36 death: 37 (1) Subject to subparagraph two of this paragraph, the interest in the 38 property shall be transferred to the designated beneficiary in accord- 39 ance with the deed. 40 (2) The interest of a designated beneficiary is contingent on the 41 designated beneficiary surviving the transferor. The interest of a 42 designated beneficiary that fails to survive the transferor lapses. 43 (3) Subject to subparagraph four of this paragraph, concurrent inter- 44 ests shall be transferred to the beneficiaries in equal and undivided 45 shares with no right of survivorship. 46 (4) If the transferor has identified two or more designated benefici- 47 aries to receive concurrent interests in the property, the share of one 48 which lapses or fails for any reason shall be transferred to the other, 49 or to the others in proportion to the interest of each in the remaining 50 part of the property held concurrently. 51 (b) Subject to this chapter, a beneficiary takes the property subject 52 to all conveyances, encumbrances, assignments, contracts, mortgages, 53 liens, and other interests to which the property is subject at the 54 transferor's death. For purposes of this paragraph and this chapter, the 55 recording of the transfer on death deed shall be deemed to have occurred 56 at the transferor's death.S. 8306--A 44 A. 8806--A 1 (c) If a transferor is a joint owner and is survived by one or more 2 other joint owners, the property that is the subject of a transfer on 3 death deed shall belong to the surviving joint owner or owners with 4 right of survivorship. 5 (d) If a transferor is a joint owner and is the last surviving joint 6 owner, the transfer on death deed shall be effective. 7 (e) A transfer on death deed transfers property without covenant or 8 warranty of title even if the deed contains a contrary provision. 9 12. Applicability of invalidating and revocatory principles. (a) Noth- 10 ing in this section shall limit the application of principles of fraud, 11 undue influence, duress, mistake, or other invalidating cause to a 12 transfer of property. 13 (b) Divorce, annulment or declaration of nullity, or dissolution of 14 marriage, shall have the same effect on a transfer on death deed as 15 outlined in section 5-1.4 of the estates, powers and trusts law. 16 13. Renunciation. A beneficiary may renounce all or part of the bene- 17 ficiary's interest in the same manner as if the interest was transferred 18 in a will. 19 14. Liability for creditor claims and statutory allowances. (a) To the 20 extent the transferor's probate estate is insufficient to satisfy an 21 allowed claim against the estate or a statutory allowance to a surviving 22 spouse or child, the estate may enforce the liability against property 23 transferred at the transferor's death by a transfer on death deed. 24 (b) If more than one property is transferred by one or more transfer 25 on death deeds, the liability under paragraph (a) of this subdivision is 26 apportioned among the properties in proportion to their net values at 27 the transferor's death. 28 (c) A proceeding to enforce the liability under this section must be 29 commenced no later than eighteen months after the transferor's death. 30 15. Form of transfer on death deed. The following form may be used to 31 create a transfer on death deed. The other subdivisions of this section 32 shall govern the effect of this, or any other instrument used to create 33 a transfer on death deed: 34 (front of form) 35 REVOCABLE TRANSFER ON DEATH DEED 36 NOTICE TO OWNER 37 You should carefully read all information on the other side of this 38 form. You may want to consult a lawyer before using this form. 39 This form must be recorded before your death, or it will not be effec- 40 tive. 41 IDENTIFYING INFORMATION 42 Owner or Owners Making This Deed: 43 ____________________________________________________ 44 Printed name Mailing addressS. 8306--A 45 A. 8806--A 1 ____________________________________________________ 2 Printed name Mailing address 3 Legal description of the property: 4 ____________________________________________________ 5 PRIMARY BENEFICIARY 6 I designate the following beneficiary if the beneficiary survives me. 7 ____________________________________________________ 8 Printed name Mailing address, if available 9 ALTERNATE BENEFICIARY - Optional 10 If my primary beneficiary does not survive me, I designate the following 11 alternate beneficiary if that beneficiary survives me. 12 ____________________________________________________ 13 Printed name Mailing address, if available 14 TRANSFER ON DEATH 15 At my death, I transfer my interest in the described property to the 16 beneficiaries as designated above. Before my death, I have the right to 17 revoke this deed. 18 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 19 ____________________________________________________ 20 Signature Date 21 ____________________________________________________ 22 Signature Date 23 SIGNATURE OF WITNESSES 24 ____________________________________________________ 25 Signature DateS. 8306--A 46 A. 8806--A 1 ____________________________________________________ 2 Signature Date 3 ____________________________________________________ 4 NOTARY ACKNOWLEDGMENT 5 (insert notary acknowledgment for deed here) 6 (back of form) 7 COMMON QUESTIONS ABOUT THE USE OF THIS FORM 8 What does the Transfer on Death (TOD) deed do? 9 When you die, this deed transfers the described property, subject to any 10 liens or mortgages (or other encumbrances) on the property at your 11 death. Probate is not required. The TOD deed has no effect until you 12 die. You can revoke it at any time. You are also free to transfer the 13 property to someone else during your lifetime. If you do not own any 14 interest in the property when you die, this deed will have no effect. 15 How do I make a TOD deed? 16 Complete this form. Have it acknowledged before a notary public. Record 17 the form in each county where any part of the property is located. The 18 form has no effect unless it is acknowledged and recorded before your 19 death. 20 Is the "legal description" of the property necessary? 21 Yes. 22 How do I find the "legal description" of the property? 23 This information may be on the deed you received when you became an 24 owner of the property. This information may also be available in the 25 county clerk's office of the county where the property is located. If 26 you are not absolutely sure, consult a lawyer. 27 Can I change my mind before I record the TOD deed? 28 Yes. If you have not yet recorded the deed and want to change your mind, 29 simply tear up or otherwise destroy the deed. 30 How do I "record" the TOD deed? 31 Take the completed and acknowledged form to the county clerk's office of 32 the county where the property is located. Follow the instructions given 33 by the county clerk to make the form part of the official property 34 records. If the property is in more than one county, you should record 35 the deed in each county. 36 Can I later revoke the TOD deed if I change my mind?S. 8306--A 47 A. 8806--A 1 Yes. You can revoke the TOD deed. No one, including the beneficiaries, 2 can prevent you from revoking the deed. 3 How do I revoke the TOD deed after it is recorded? 4 There are three ways to revoke a recorded TOD deed: 5 (1) Complete and acknowledge a revocation form and record it in each 6 county where the property is located. 7 (2) Complete and acknowledge a new TOD deed that disposes of the same 8 property and record it in each county where the property is located. 9 (3) Transfer the property to someone else during your lifetime by a 10 recorded deed that expressly revokes the TOD deed. You may not revoke 11 the TOD deed by will. 12 I am being pressured to complete this form. What should I do? 13 Do not complete this form under pressure. Seek help from a trusted 14 family member, friend, or lawyer. 15 Do I need to tell the beneficiaries about the TOD deed? 16 No, but it is recommended. Secrecy can cause later complications and 17 might make it easier for others to commit fraud. 18 I have other questions about this form. What should I do? 19 This form is designed to fit some but not all situations. If you have 20 other questions, you are encouraged to consult a lawyer. 21 16. Form of revocation. The following form may be used to create an 22 instrument of revocation under this section. The other subdivisions of 23 this section shall govern the effect of this, or any other instrument 24 used to revoke a transfer on death deed. 25 (front of form) 26 REVOCATION OF TRANSFER ON DEATH DEED 27 NOTICE TO OWNER 28 This revocation must be recorded before you die, or it will not be 29 effective. This revocation is effective only as to the interests in the 30 property of owners who sign this revocation. 31 IDENTIFYING INFORMATION 32 Owner or Owners of Property Making This Revocation: 33 ____________________________________________________ 34 Printed name Mailing addressS. 8306--A 48 A. 8806--A 1 ____________________________________________________ 2 Printed name Mailing address 3 Legal description of the property: 4 ____________________________________________________ 5 REVOCATION 6 I revoke all my previous transfers of this property by transfer on death 7 deed. 8 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 9 ____________________________________________________ 10 Signature Date 11 ____________________________________________________ 12 Signature Date 13 SIGNATURE OF WITNESSES 14 ____________________________________________________ 15 Signature Date 16 ____________________________________________________ 17 Signature Date 18 NOTARY ACKNOWLEDGMENT 19 (insert notary acknowledgment here) 20 (back of form) 21 COMMON QUESTIONS ABOUT THE USE OF THIS FORM 22 How do I use this form to revoke a Transfer on Death (TOD) deed? 23 Complete this form. Have it acknowledged before a notary public. Record 24 the form in the public records in the county clerk's office of the coun- 25 ty where the property is located. The form must be acknowledged and 26 recorded before your death, or it has no effect.S. 8306--A 49 A. 8806--A 1 How do I find the "legal description" of the property? 2 This information may be on the TOD deed. It may also be available in the 3 county clerk's office of the county where the property is located. If 4 you are not absolutely sure, consult a lawyer. 5 How do I "record" the form? 6 Take the completed and acknowledged form to the county clerk's office of 7 the county where the property is located. Follow the instructions given 8 by the county clerk to make the form part of the official property 9 records. If the property is located in more than one county, you should 10 record the form in each of those counties. 11 I am being pressured to complete this form. What should I do? 12 Do not complete this form under pressure. Seek help from a trusted fami- 13 ly member, friend, or lawyer. 14 I have other questions about this form. What should I do? 15 This form is designed to fit some but not all situations. If you have 16 other questions, consult a lawyer. 17 § 8. This act shall take effect on the ninetieth day after it shall 18 have become a law, provided that section 424 of the real property law, 19 as added by section seven of this act, shall apply to any transfer on 20 death deed made before, on, or after the effective date of this act by a 21 transferor dying on or after the effective date of this act. 22 PART P 23 Section 1. This Part enacts into law components of legislation relat- 24 ing to the conveyance and use of real property owned and maintained by 25 the state university of New York and the New York state department of 26 transportation. Each component is wholly contained within a Subpart 27 identified as Subparts A through C. The effective date for each partic- 28 ular provision contained within such Subpart is set forth in the last 29 section of such Subpart. Any provision in any section contained within a 30 Subpart, including the effective date of the Subpart, which makes refer- 31 ence to a section "of this act", when used in connection with that 32 particular component, shall be deemed to mean and refer to the corre- 33 sponding section of the Subpart in which it is found. Section three of 34 this Part sets forth the general effective date of this Part. 35 SUBPART A 36 Section 1. Legislative findings. The legislature finds that the state 37 university of New York at Farmingdale ("Farmingdale") seeks to use 38 approximately 8.7 acres of vacant land on Farmingdale's campus to build 39 multi-purpose facilities to support housing needs and supporting amen- 40 ities, fulfilling a necessary and vital public purpose. The legislature 41 further finds that granting the trustees of the State University of New 42 York ("Trustees") the authority and power to lease and otherwise 43 contract to make available grounds and facilities of the Farmingdale 44 campus will ensure such land is utilized for the benefit of Farmingdale, 45 the surrounding community, and the general public.S. 8306--A 50 A. 8806--A 1 § 2. Notwithstanding any other law to the contrary, the Trustees are 2 authorized and empowered, without any public bidding, to lease and 3 otherwise contract to make available to Farmingdale state development 4 corporation, a not-for-profit corporation (the "ground lessee"), a 5 portion of the lands of Farmingdale generally described in this act for 6 the purpose of developing, constructing, maintaining and operating 7 multi-purpose facilities to support housing needs and supporting amen- 8 ities. Such lease or contract shall be for a period not exceeding nine- 9 ty-nine years without any fee simple conveyance and otherwise upon terms 10 and conditions determined by such trustees, subject to the approval of 11 the director of the division of the budget, the attorney general and the 12 state comptroller. In the event that the real property that is the 13 subject of such lease or contract shall cease to be used for the purpose 14 described in this act, such lease or contract shall immediately termi- 15 nate and the real property and any improvements thereon shall revert to 16 the state university of New York. Any lease or contract entered into 17 pursuant to this act shall provide that the real property that is the 18 subject of such lease or contract and any improvements thereon shall 19 revert to the state university of New York on the expiration of such 20 contract or lease. Any and all proceeds related to the leases author- 21 ized by this act shall be used for the benefit of the Farmingdale campus 22 and the allocation of such proceeds shall be subject to approval by the 23 Trustees. 24 § 3. Any contract or lease entered into pursuant to this act shall be 25 deemed to be a state contract for purposes of article 15-A of the execu- 26 tive law, and any contractor, subcontractor, lessee or sublessee enter- 27 ing into such contract or lease for the construction, demolition, recon- 28 struction, excavation, rehabilitation, repair, renovation, alteration or 29 improvement authorized pursuant to this act shall be deemed a state 30 agency for the purposes of article 15-A of the executive law and subject 31 to the provisions of such article. 32 § 4. Notwithstanding any general, special or local law or judicial 33 decision to the contrary, all work performed on a project authorized by 34 this act where all or any portion thereof involves a lease or agreement 35 for construction, demolition, reconstruction, excavation, rehabili- 36 tation, repair, renovation, alteration or improvement shall be subject 37 to and performed in accordance with the provisions of article 8 of the 38 labor law to the same extent and in the same manner as a contract of the 39 state. 40 § 5. Without limiting the determination of the terms and conditions of 41 such contracts or leases, such terms and conditions may provide for 42 leasing, subleasing, construction, reconstruction, rehabilitation, 43 improvement, operation and management of and provision of services and 44 assistance and the granting of licenses, easements and other arrange- 45 ments with regard to such grounds and facilities by Farmingdale state 46 development corporation, and parties contracting with Farmingdale state 47 development corporation, and in connection with such activities, the 48 obtaining of funding or financing, whether public or private, unsecured 49 or secured, including, but not limited to, secured by leasehold mort- 50 gages and assignments of rents and leases, by Farmingdale state develop- 51 ment corporation and parties contracting with Farmingdale state develop- 52 ment corporation for the purposes of completing the project described in 53 this act. 54 § 6. Such lease shall include an indemnity provision whereby the 55 lessee or sublessee promises to indemnify, hold harmless and defend the 56 lessor against all claims, suits, actions, and liability to all personsS. 8306--A 51 A. 8806--A 1 on the leased premises, including tenant, tenant's agents, contractors, 2 subcontractors, employees, customers, guests, licensees, invitees and 3 members of the public, for damage to any such person's property, whether 4 real or personal, or for personal injuries arising out of tenant's use 5 or occupation of the demised premises. 6 § 7. Any contracts entered into pursuant to this act between the 7 ground lessee and parties contracting with the ground lessee shall be 8 awarded by a competitive process. 9 § 8. The property authorized by this act to be leased to Farmingdale 10 state development corporation is generally described as that parcel of 11 real property with improvements thereon consisting of a total of 8.7 12 acres situated on the campus of the State University of New York at 13 Farmingdale, subject to all existing easements and restrictions of 14 record. The description in this section of the parcel to be made avail- 15 able pursuant to this act is not meant to be a legal description, but is 16 intended only to identify the parcel: 17 The property is situated at the southwest corner of NYS Route 110 and 18 Melville Road. The eastern boundary runs north/south along the western 19 side of NYS Route 110 with approximately 450 feet of frontage. The 20 northern boundary runs along Melville Road for just over 1,000 feet. 21 § 9. The state university of New York shall not lease lands described 22 in this act unless any such lease shall be executed within 5 years of 23 the effective date of this act. 24 § 10. Insofar as the provisions of this act are inconsistent with the 25 provisions of any law, general, special or local, the provisions of this 26 act shall be controlling. 27 § 11. This act shall take effect immediately. 28 SUBPART B 29 Section 1. Legislative findings. The legislature finds that the state 30 university of New York at Stony Brook ("Stony Brook") seeks to use 31 approximately 10 acres of underutilized land on Stony Brook's Southamp- 32 ton campus to build multi-purpose facilities to support housing needs 33 and supporting amenities, fulfilling a necessary and vital public 34 purpose. The legislature further finds that granting the trustees of 35 the State University of New York ("Trustees") the authority and power to 36 lease and otherwise contract to make available grounds and facilities of 37 Stony Brook's campus will ensure such land is utilized for the benefit 38 of Stony Brook, the surrounding community, and the general public. 39 § 2. Notwithstanding any other law to the contrary, the Trustees are 40 authorized and empowered, without any public bidding, to lease and 41 otherwise contract to make available to a ground lessee a portion of the 42 lands of Stony Brook generally described in this act for the purpose of 43 developing, constructing, maintaining and operating multi-purpose facil- 44 ities to support housing needs and supporting amenities. Such lease or 45 contract shall be for a period not exceeding ninety-nine years without 46 any fee simple conveyance and otherwise upon terms and conditions deter- 47 mined by such trustees, subject to the approval of the director of the 48 division of the budget, the attorney general and the state comptroller. 49 In the event that the real property that is the subject of such lease or 50 contract shall cease to be used for the purpose described in this act, 51 such lease or contract shall immediately terminate and the real property 52 and any improvements thereon shall revert to the state university of New 53 York. Any lease or contract entered into pursuant to this act shall 54 provide that the real property that is the subject of such lease orS. 8306--A 52 A. 8806--A 1 contract and any improvements thereon shall revert to the state univer- 2 sity of New York on the expiration of such contract or lease. Any and 3 all proceeds related to the leases authorized by this act shall be used 4 for the benefit of the Stony Brook campus and the allocation of such 5 proceeds shall be subject to approval by the Trustees. 6 § 3. Any contract or lease entered into pursuant to this act shall be 7 deemed to be a state contract for purposes of article 15-A of the execu- 8 tive law, and any contractor, subcontractor, lessee or sublessee enter- 9 ing into such contract or lease for the construction, demolition, recon- 10 struction, excavation, rehabilitation, repair, renovation, alteration or 11 improvement authorized pursuant to this act shall be deemed a state 12 agency for the purposes of article 15-A of the executive law and subject 13 to the provisions of such article. 14 § 4. Notwithstanding any general, special or local law or judicial 15 decision to the contrary, all work performed on a project authorized by 16 this act where all or any portion thereof involves a lease or agreement 17 for construction, demolition, reconstruction, excavation, rehabili- 18 tation, repair, renovation, alteration or improvement shall be subject 19 to and performed in accordance with the provisions of article 8 of the 20 labor law to the same extent and in the same manner as a contract of the 21 state. 22 § 5. Without limiting the determination of the terms and conditions of 23 such contracts or leases, such terms and conditions may provide for 24 leasing, subleasing, construction, reconstruction, rehabilitation, 25 improvement, operation and management of and provision of services and 26 assistance and the granting of licenses, easements and other arrange- 27 ments with regard to such grounds and facilities by the ground lessee, 28 and parties contracting with the ground lessee, and in connection with 29 such activities, the obtaining of funding or financing, whether public 30 or private, unsecured or secured, including, but not limited to, secured 31 by leasehold mortgages and assignments of rents and leases, by the 32 ground lessee and parties contracting with the ground lessee for the 33 purposes of completing the project described in this act. 34 § 6. Such lease shall include an indemnity provision whereby the 35 lessee or sublessee promises to indemnify, hold harmless and defend the 36 lessor against all claims, suits, actions, and liability to all persons 37 on the leased premises, including tenant, tenant's agents, contractors, 38 subcontractors, employees, customers, guests, licensees, invitees and 39 members of the public, for damage to any such person's property, whether 40 real or personal, or for personal injuries arising out of tenant's use 41 or occupation of the demised premises. 42 § 7. Any contracts entered into pursuant to this act between the 43 ground lessee and parties contracting with the ground lessee shall be 44 awarded by a competitive process. 45 § 8. The property authorized by this act to be leased to the ground 46 lessee is generally described as approximately 10 acres of land situated 47 on the Southampton campus of the state university of New York at Stony 48 Brook, subject to all existing easements and restrictions of record. 49 § 9. The state university of New York shall not lease lands described 50 in this act unless any such lease shall be executed within 5 years of 51 the effective date of this act. 52 § 10. Insofar as the provisions of this act are inconsistent with the 53 provisions of any law, general, special or local, the provisions of this 54 act shall be controlling. 55 § 11. This act shall take effect immediately.S. 8306--A 53 A. 8806--A 1 SUBPART C 2 Section 1. Notwithstanding the provisions of section 400 of the trans- 3 portation law, or any other provision of law to the contrary, the 4 commissioner of transportation is hereby authorized and empowered to 5 transfer and convey certain state-owned real property, as described in 6 section two of this act, upon such terms and conditions as the commis- 7 sioner may deem appropriate. 8 § 2. The lands authorized by this act to be conveyed consist of two 9 parcels of land in the town of Babylon, Suffolk county, constituting tax 10 map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and 11 generally described as approximately twelve and one-half acres of land 12 located north of Conklin Street and east of Route 110. 13 § 3. The description in section two of this act of the lands to be 14 conveyed is not intended to be a legal description and is intended only 15 to identify the premises to be conveyed. 16 § 4. This act shall take effect immediately. 17 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 18 sion, section, or subpart of this part shall be adjudged by any court of 19 competent jurisdiction to be invalid, such judgment shall not affect, 20 impair, or invalidate the remainder of that subpart or this part, but 21 shall be confined in its operation to the clause, sentence, paragraph, 22 subdivision, section, or subpart directly involved in the controversy in 23 which such judgment shall have been rendered. It is hereby declared to 24 be the intent of the legislature that this part and each subpart herein 25 would have been enacted even if such invalid provisions had not been 26 included herein. 27 § 3. This act shall take effect immediately; provided, however, that 28 the applicable effective date of Subparts A through C of this act shall 29 be as specifically set forth in the last section of such Subparts. 30 PART Q 31 Section 1. Subdivision 3 of section 26 of the multiple dwelling law, 32 as amended by chapter 748 of the laws of 1961, is amended to read as 33 follows: 34 3. Floor area ratio (FAR). [The] Except as otherwise provided in and 35 determined under a zoning law, ordinance, or resolution of a city with a 36 population of one million or more, or after consultation with local 37 officials, as provided in a general project plan of the New York state 38 urban development corporation, the floor area ratio (FAR) of any dwell- 39 ing or dwellings on a lot shall not exceed 12.0, except that a fireproof 40 class B dwelling in which six or more passenger elevators are maintained 41 and operated in any city having a local zoning law, ordinance or resol- 42 ution restricting districts in such city to residential use, may be 43 erected in accordance with the provisions of such zoning law, ordinance 44 or resolution, if such class B dwelling is erected in a district no part 45 of which is restricted by such zoning law, ordinance or resolution to 46 residential uses. 47 § 2. This act shall take effect immediately. 48 PART R 49 Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the 50 labor law, as added by section 1 of part FFF of chapter 58 of the laws 51 of 2020, are amended and a new paragraph e is added to read as follows:S. 8306--A 54 A. 8806--A 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 eighty percent of the area median income, adjusted 23 for family size; (iv) there are no more than three income bands for all 24 of the affordable housing units; and (v) no income band for affordable 25 housing units exceeds one hundred percent of the area median income, 26 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 rental 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 h. "Commencement date" shall mean the date upon which the actual 53 construction of the eligible conversion lawfully begins in good faith. 54 i. "Completion date" shall mean the date upon which the local depart- 55 ment of buildings issues the first temporary or permanent certificate ofS. 8306--A 55 A. 8806--A 1 occupancy covering all residential areas of an eligible multiple dwell- 2 ing. 3 j. "Construction period" shall mean, with respect to any eligible 4 multiple dwelling, a period: (i) beginning on the later of the commence- 5 ment date or three years before the completion date; and (ii) ending on 6 the day preceding the completion date. 7 k. "Dwelling" or "dwellings" shall have the same meaning as set forth 8 in subdivision four of section four of the multiple dwelling law. 9 l. "Eligible conversion" shall mean the conversion of a non-residen- 10 tial building, except a hotel or other class B multiple dwelling, to an 11 eligible multiple dwelling. 12 m. "Eligible multiple dwelling" shall mean a multiple dwelling which 13 was subject to an eligible conversion in which: (i) all dwelling units 14 included in any application are operated as rental housing; (ii) six or 15 more dwelling units have been created through an eligible conversion; 16 (iii) the commencement date is after December thirty-first, two thousand 17 twenty-two and on or before December thirty-first, two thousand thirty- 18 three; and (iv) the completion date is on or before December thirty- 19 first, two thousand thirty-nine. 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. "Non-residential building" shall mean a structure or portion of a 39 structure, except a hotel or other class B multiple dwelling, having at 40 least one floor, a roof and at least three walls enclosing all or most 41 of the space used in connection with the structure or portion of the 42 structure, which has a certificate of occupancy for commercial, manufac- 43 turing or other non-residential use for not less than ninety percent of 44 the aggregate floor area of such structure or portion of such structure, 45 or other proof of such non-residential use as is acceptable to the agen- 46 cy. 47 v. "Non-residential tax lot" shall mean a tax lot that does not 48 contain any dwelling units. 49 w. "Rent stabilization" shall mean, collectively, the rent stabiliza- 50 tion law of nineteen hundred sixty-nine, the rent stabilization code, 51 and the emergency tenant protection act of nineteen seventy-four, all as 52 in effect as of the effective date of this section or as amended there- 53 after, together with any successor statutes or regulations addressing 54 substantially the same subject matter. 55 x. "Residential tax lot" shall mean a tax lot that contains dwelling 56 units.S. 8306--A 56 A. 8806--A 1 y. "Restriction period" shall mean a period commencing on the 2 completion date and extending in perpetuity, notwithstanding any earlier 3 termination or revocation of AHCC program benefits. 4 2. Benefit. In cities having a population of one million or more, 5 notwithstanding the provisions of any other general, special or local 6 law to the contrary, a new eligible multiple dwelling, except a hotel, 7 that complies with the provisions of this section shall be exempt from 8 real property taxation, other than assessments for local improvements, 9 in the amounts and for the periods which shall be set forth in regu- 10 lations promulgated by the division of housing and community renewal, in 11 consultation with the agency, provided that such eligible multiple 12 dwelling is used or held out for use for dwelling purposes. 13 3. Tax payments. In addition to any other amounts payable pursuant to 14 this section, the owner of any eligible multiple dwelling receiving AHCC 15 program benefits shall pay, in each tax year in which such AHCC program 16 benefits are in effect, all assessments for local improvements. 17 4. Limitation on benefits for non-residential space. If the aggregate 18 floor area of commercial, community facility and accessory use space in 19 an eligible multiple dwelling exceeds twelve percent of the aggregate 20 floor area in such eligible multiple dwelling, any AHCC program benefits 21 shall be reduced by a percentage equal to such excess. If an eligible 22 multiple dwelling contains multiple tax lots, the tax arising out of 23 such reduction in AHCC program benefits shall first be apportioned pro 24 rata among any non-residential tax lots. After any such non-residential 25 tax lots are fully taxable, the remainder of the tax arising out of such 26 reduction in AHCC program benefits, if any, shall be apportioned pro 27 rata among the remaining residential tax lots. For the purposes of this 28 section, accessory use space shall not include home occupation space or 29 accessory parking space located not more than twenty-three feet above 30 the curb level. 31 5. Application of benefit. Based on the certification of the agency 32 certifying eligibility for AHCC program benefits, the department of 33 finance shall determine the amount of the exemption pursuant to subdivi- 34 sions two and four of this section and shall apply the exemption to the 35 assessed value of the eligible multiple dwelling. 36 6. Affordability requirements. An eligible multiple dwelling shall 37 comply with the affordability requirement defined in paragraph b of 38 subdivision one of this section during the restriction period. An eligi- 39 ble multiple dwelling shall also comply with the following requirements 40 during the restriction period: 41 a. All affordable housing units in an eligible multiple dwelling shall 42 share the same common entrances and common areas as rental market rate 43 units in such eligible multiple dwelling and shall not be isolated to a 44 specific floor or area of an eligible multiple dwelling. Common 45 entrances shall mean any means of ingress or egress regularly used by 46 any resident of a rental dwelling unit in the eligible multiple dwell- 47 ing. 48 b. Unless preempted by the requirements of a federal, state or local 49 housing program, either: (i) the affordable housing units in an eligible 50 multiple dwelling shall have a unit mix proportional to the rental 51 market units; or (ii) at least fifty percent of the affordable housing 52 units in an eligible multiple dwelling shall have two or more bedrooms 53 and no more than twenty-five percent of the affordable housing units 54 shall have less than one bedroom. 55 c. Notwithstanding any provision of rent stabilization to the contra- 56 ry: (i) all affordable housing units shall remain fully subject to rentS. 8306--A 57 A. 8806--A 1 stabilization during the restriction period; and (ii) any affordable 2 housing unit occupied by a tenant that has been approved by the agency 3 prior to the agency's denial of an eligible multiple dwelling's applica- 4 tion for AHCC program benefits shall remain subject to rent stabiliza- 5 tion until such tenant vacates such affordable housing unit. 6 d. All rent stabilization registrations required to be filed shall 7 contain a designation that specifically identifies affordable housing 8 units created pursuant to this section as "AHCC program affordable hous- 9 ing units" and shall contain an explanation of the requirements that 10 apply to all such affordable housing units. 11 e. Failure to comply with the provisions of this subdivision that 12 require the creation, maintenance, rent stabilization compliance, and 13 occupancy of affordable housing units shall result in revocation of AHCC 14 program benefits. 15 f. Nothing in this section shall: (i) prohibit the occupancy of an 16 affordable housing unit by individuals or families whose income at any 17 time is less than the maximum percentage of the area median income or 18 income band, as applicable, adjusted for family size, specified for such 19 affordable housing unit pursuant to this section; or (ii) prohibit the 20 owner of an eligible multiple dwelling from requiring, upon initial 21 rental or upon any rental following a vacancy, the occupancy of any 22 affordable housing unit by such lower income individuals or families. 23 g. Following issuance of a temporary certificate of occupancy and upon 24 each vacancy thereafter, an affordable housing unit shall promptly be 25 offered for rental by individuals or families whose income does not 26 exceed the maximum percentage of the area median income or income band, 27 as applicable, adjusted for family size, specified for such affordable 28 housing unit pursuant to this section and who intend to occupy such 29 affordable housing unit as their primary residence. An affordable hous- 30 ing unit shall not be: (i) rented to a corporation, partnership or other 31 entity; or (ii) held off the market for a period longer than is reason- 32 ably necessary to perform repairs needed to make such affordable housing 33 unit available for occupancy. 34 h. An affordable housing unit shall not be rented on a temporary, 35 transient or short-term basis. Every lease and renewal thereof for an 36 affordable housing unit shall be for a term of one or two years, at the 37 option of the tenant. 38 i. An affordable housing unit shall not be converted to cooperative or 39 condominium ownership. 40 j. The agency may establish by rule such requirements as the agency 41 deems necessary or appropriate for: (i) the marketing of affordable 42 housing units, both upon initial occupancy and upon any vacancy; (ii) 43 monitoring compliance with the provisions of this subdivision; (iii) the 44 establishment of marketing bands for affordable housing units; and (iv) 45 specifying the legal instrument by which the marketing, affordability, 46 rent stabilization, permitted rent, and any other requirement associated 47 with this benefit will be recorded and enforced. Such requirements may 48 include, but need not be limited to, retaining a monitor approved by the 49 agency and paid for by the owner of the eligible multiple dwelling. 50 k. Notwithstanding any provision of this section to the contrary, a 51 market unit shall not be subject to rent stabilization unless, in the 52 absence of AHCC program benefits, the unit would be subject to rent 53 stabilization. 54 7. Building service employees. a. For the purposes of this subdivi- 55 sion, "applicant" shall mean an applicant for AHCC program benefits, any 56 successor to such applicant, or any employer of building service employ-S. 8306--A 58 A. 8806--A 1 ees for such applicant including, but not limited to, a property manage- 2 ment company or contractor. 3 b. All building service employees employed by the applicant at the 4 eligible multiple dwelling shall receive the applicable prevailing wage 5 for the duration of the benefit period, regardless of whether such bene- 6 fits provided pursuant to this section are revoked or terminated. 7 c. The fiscal officer shall have the power to enforce the provisions 8 of this subdivision. In enforcing such provisions, the fiscal officer 9 shall have the power: (i) to investigate or cause an investigation to be 10 made to determine the prevailing wages for building service employees, 11 and in making such investigation, the fiscal officer may utilize wage 12 and fringe benefit data from various sources, including, but not limited 13 to, data and determinations of federal, state or other governmental 14 agencies; provided, however, that the provision of a dwelling unit shall 15 not be considered wages or a fringe benefit; (ii) to institute and 16 conduct inspections at the site of the work or elsewhere; (iii) to exam- 17 ine the books, documents and records pertaining to the wages paid to, 18 and the hours of work performed by, building service employees; (iv) to 19 hold hearings and, in connection therewith, to issue subpoenas, the 20 enforcement of which shall be regulated by the civil practice law and 21 rules, administer oaths and examine witnesses; (v) to make a classifica- 22 tion by craft, trade or other generally recognized occupational category 23 of the building service employees and to determine whether such work has 24 been performed by the building service employees in such classification; 25 (vi) to require the applicant to file with the fiscal officer a record 26 of the wages actually paid by such applicant to the building service 27 employees and of their hours of work; (vii) to delegate any of the fore- 28 going powers to his or her deputy or other authorized representative; 29 (viii) to promulgate rules as he or she shall consider necessary for the 30 proper execution of the duties, responsibilities and powers conferred 31 upon him or her by the provisions of this subdivision; and (ix) to 32 prescribe appropriate sanctions for failure to comply with the 33 provisions of this subdivision. For each violation of paragraph b of 34 this subdivision, the fiscal officer may require the payment of (A) back 35 wages and fringe benefits; (B) liquidated damages up to three times the 36 amount of the back wages and fringe benefits for willful violations; 37 and/or (C) reasonable attorneys' fees. If the fiscal officer finds that 38 the applicant has failed to comply with the provisions of this subdivi- 39 sion, he or she shall present evidence of such non-compliance to the 40 agency. 41 d. Paragraph b of this subdivision shall not be applicable to: (i) an 42 eligible multiple dwelling containing less than thirty dwelling units; 43 or (ii) an eligible multiple dwelling whose eligible conversion is 44 carried out with the substantial assistance of grants, loans or subsi- 45 dies provided by a federal, state or local governmental agency or 46 instrumentality pursuant to a program for the development of affordable 47 housing. 48 e. The applicant shall submit a sworn affidavit with its application 49 certifying that it shall comply with the requirements of this subdivi- 50 sion or is exempt in accordance with paragraph d of this subdivision. 51 Upon the agency's approval of such application, the applicant who is not 52 exempt in accordance with paragraph d of this subdivision shall submit 53 annually a sworn affidavit to the fiscal officer certifying that it 54 shall comply with the requirements of this subdivision.S. 8306--A 59 A. 8806--A 1 8. Concurrent exemptions or abatements. An eligible multiple dwelling 2 receiving AHCC program benefits shall not receive any exemption from or 3 abatement of real property taxation under any other law. 4 9. Voluntary renunciation or termination. Notwithstanding the 5 provisions of any general, special or local law to the contrary, an 6 owner shall not be entitled to voluntarily renounce or terminate AHCC 7 program benefits unless the agency authorizes such renunciation or 8 termination in connection with the commencement of a tax exemption 9 pursuant to the private housing finance law or section four hundred 10 twenty-c of this title. 11 10. Termination or revocation. The agency may terminate or revoke AHCC 12 program benefits for noncompliance with this section. All of the afford- 13 able housing units shall remain subject to rent stabilization and all 14 other requirements of this section for the duration of the restriction 15 period, regardless of whether such benefits have been terminated or 16 revoked. 17 11. Powers cumulative. The enforcement provisions of this section 18 shall not be exclusive, and are in addition to any other rights, reme- 19 dies or enforcement powers set forth in any other law or available at 20 law or in equity. 21 12. Multiple tax lots. If an eligible multiple dwelling contains 22 multiple tax lots, an application may be submitted with respect to one 23 or more of such tax lots. The agency shall determine eligibility for 24 AHCC program benefits based upon the tax lots included in such applica- 25 tion and benefits for each such eligible multiple dwelling shall be 26 based upon the completion date of each such multiple dwelling. 27 13. Applications. a. The application with respect to any eligible 28 multiple dwelling shall be filed with the agency no earlier than the 29 completion date and not later than one year after the completion date of 30 such eligible multiple dwelling. 31 b. Notwithstanding the provisions of any general, special, or local 32 law to the contrary, the agency may require by rule that applications be 33 filed electronically. 34 c. The agency may rely on certification by an architect or engineer 35 submitted by an applicant in connection with the filing of an applica- 36 tion. A false certification by such architect or engineer shall be 37 deemed to be professional misconduct pursuant to section sixty-five 38 hundred nine of the education law. Any architect or engineer found 39 guilty of such misconduct under the procedures prescribed in section 40 sixty-five hundred ten of the education law shall be subject to the 41 penalties prescribed in section sixty-five hundred eleven of the educa- 42 tion law and shall thereafter be ineligible to submit a certification 43 pursuant to this section. 44 d. Such application shall also certify that all taxes, water charges, 45 and sewer rents currently due and owing on the property which is the 46 subject of the application have been paid or are currently being paid in 47 timely installments pursuant to a written agreement with the department 48 of finance or other appropriate agency. 49 14. Filing fee. The agency may require a filing fee of no less than 50 three thousand dollars per dwelling unit in connection with any applica- 51 tion, except that the agency may promulgate rules: 52 a. imposing a lesser fee for an eligible multiple dwelling whose 53 eligible conversion is carried out with the substantial assistance of 54 grants, loans or subsidies provided by a federal, state or local govern- 55 mental agency or instrumentality pursuant to a program for the develop- 56 ment of affordable housing; andS. 8306--A 60 A. 8806--A 1 b. requiring a portion of the filing fee to be paid upon the 2 submission of the information the agency requires in advance of approv- 3 ing the commencement of the marketing process for such eligible conver- 4 sion. 5 15. Rules. Except as provided in subdivision seven of this section, 6 the agency shall have the sole authority to enforce the provisions of 7 this section and may promulgate rules to carry out the provisions of 8 this section. 9 16. Penalties for violations of affordability requirements. a. On or 10 after the expiration date of the benefit provided pursuant to this 11 section, the agency may impose, after notice and an opportunity to be 12 heard, a penalty for any violation by an eligible multiple dwelling of 13 the affordability requirements of subdivision six of this section. 14 b. A penalty imposed under this subdivision shall be computed as a 15 percentage of the capitalized value of all AHCC program benefits on the 16 eligible multiple dwelling, calculated as of the first year that bene- 17 fits were granted, not to exceed one thousand percent. The agency shall 18 establish a schedule and method of calculation of such penalties pursu- 19 ant to subdivision fifteen of this section. 20 c. A penalty imposed under this subdivision shall be imposed against 21 the owner of the eligible multiple dwelling at the time the violation 22 occurred, even if such owner no longer owns such eligible multiple 23 dwelling at the time of the agency's determination. 24 d. A person or entity who fails to pay a penalty imposed pursuant to 25 this subdivision shall be guilty of a misdemeanor punishable by impri- 26 sonment not to exceed six months. 27 § 3. This act shall take effect immediately. 28 PART S 29 Section 1. The multiple dwelling law is amended by adding a new arti- 30 cle 7-D to read as follows: 31 ARTICLE 7-D 32 LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS 33 Section 288. Definitions. 34 289. Basement and cellar local laws and regulations. 35 290. Tenant protections in inhabited basement dwelling units and 36 inhabited cellar dwelling units. 37 § 288. Definitions. As used in this article, the following terms shall 38 have the following meanings: 39 1. The term "inhabited basement dwelling unit" means a basement unlaw- 40 fully occupied as a residence by one or more tenants on or prior to the 41 effective date of this article; 42 2. The term "inhabited cellar dwelling unit" means a cellar unlawfully 43 occupied as a residence by one or more tenants on or prior to the effec- 44 tive date of this article; 45 3. The term "rented" means leased, let, or hired out, with or without 46 a written agreement; and 47 4. The term "tenant" means an individual to whom an inhabited basement 48 dwelling unit is rented. 49 § 289. Basement and cellar local laws and regulations. 1. Notwith- 50 standing any other provision of state or local law to the contrary, in a 51 city with a population of one million or more, the local legislative 52 body may, by local law, establish a program to address, provided that 53 health and safety are protected, (a) the legalization of specified 54 inhabited basement dwelling units and inhabited cellar dwelling units inS. 8306--A 61 A. 8806--A 1 existence prior to the effective date of this article through conversion 2 to legal dwelling units, or (b) the conversion of other specified base- 3 ment and cellar dwelling units in existence prior to the effective date 4 of this article to legal dwelling units. The local law authorized by 5 this section, and any rules or regulations promulgated thereunder, shall 6 not be subject to environmental review, including environmental review 7 conducted pursuant to article eight of the environmental conservation 8 law and any state and local regulations promulgated thereunder. 9 2. The program established by such local law may provide to an owner 10 who converts an inhabited basement dwelling unit or inhabited cellar 11 dwelling unit in accordance with a local law authorized by this article 12 or who otherwise abates the illegal occupancy of an inhabited basement 13 dwelling unit or inhabited cellar dwelling unit, (a) freedom from any 14 civil or administrative liability, citations, fines, penalties, judg- 15 ments or any other determinations of or prosecution for civil 16 violations of this chapter, other state law or local law or rules, and 17 the zoning resolution of such city, and (b) relief from any outstanding 18 civil judgments issued in connection with any such violation of such 19 laws, rules or zoning resolution issued before the effective date of 20 this article. Provided that such local law shall require that all 21 applications for conversions be filed by a date certain subsequent to 22 the effective date of this article, provided further that such date 23 shall not exceed five years after the effective date of this article. 24 3. Such local law may provide that any provision of this chapter or 25 local law, rule or regulation, shall not be applicable to provide for 26 the alterations necessary for the conversion of a specified inhabited 27 basement dwelling unit or inhabited cellar dwelling unit or other speci- 28 fied basement or cellar dwelling unit in existence prior to the effec- 29 tive date into a lawful dwelling unit. Any amendment of the zoning 30 resolution necessary to enact such program shall be subject to a public 31 hearing at the planning commission of such locality, and approval by 32 such commission and the legislative body of such local government, 33 provided, however, that it shall not require environmental review, 34 including environmental review conducted pursuant to article eight of 35 the environmental conservation law and any state and local regulations 36 promulgated thereunder, or any additional land use review. 37 § 290. Tenant protections in inhabited basement dwelling units and 38 inhabited cellar dwelling units. 1. The program authorized by this 39 article shall require an application to make alterations to legalize an 40 inhabited basement dwelling unit or inhabited cellar dwelling unit be 41 accompanied by a certification indicating whether such unit was rented 42 to a tenant on the effective date of this article, notwithstanding 43 whether the occupancy of such unit was authorized by law. A city may not 44 use such certification as the basis for an enforcement action for ille- 45 gal occupancy of such unit, provided that nothing contained in this 46 article shall be construed to limit such city from issuing a vacate 47 order for hazardous or unsafe conditions. 48 2. The local law authorized by this article shall provide that a 49 tenant in occupancy at the time of the effective date of this article, 50 who is evicted or otherwise removed from such unit as a result of an 51 alteration necessary to bring an inhabited basement dwelling unit or 52 inhabited cellar dwelling unit into compliance with the standards estab- 53 lished by the local law authorized by this article, shall have a right 54 of first refusal to return to such unit as a tenant upon its first 55 lawful occupancy as a legal dwelling unit, notwithstanding whether the 56 occupancy at the time of the effective date of this article was author-S. 8306--A 62 A. 8806--A 1 ized by law. Such local law shall specify how to determine priority when 2 multiple tenants may claim such right. 3 3. A tenant unlawfully denied a right of first refusal to return to a 4 legal dwelling unit, as provided pursuant to the local law authorized by 5 this article, shall have a cause of action in any court of competent 6 jurisdiction for compensatory damages or declaratory and injunctive 7 relief as the court deems necessary in the interests of justice, 8 provided that such compensatory relief shall not exceed the annual 9 rental charges for such legal dwelling unit. 10 § 2. This act shall take effect immediately. 11 PART T 12 Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of 13 section 421-a of the real property tax law, as amended by section 3 of 14 part TTT of chapter 59 of the laws of 2017, is amended to read as 15 follows: 16 (xxviii) "Eligible multiple dwelling" shall mean a multiple dwelling 17 or homeownership project containing six or more dwelling units created 18 through new construction or eligible conversion for which the commence- 19 ment date is after December thirty-first, two thousand fifteen and on or 20 before June fifteenth, two thousand twenty-two, and for which the 21 completion date is on or before June fifteenth, two thousand [twenty-22six] thirty-one. 23 § 2. This act shall take effect immediately. 24 PART U 25 Section 1. The real property tax law is amended by adding a new 26 section 485-x to read as follows: 27 § 485-x. Affordable neighborhoods for New Yorkers tax incentive. 1. 28 Definitions. For purposes of this section: 29 (a) "Affordable neighborhoods for New Yorkers tax incentive benefits 30 (hereinafter referred to as "ANNY Program benefits")" shall mean the 31 exemption from real property taxation pursuant to this section. 32 (b) "Affordable homeownership program" shall only apply to a homeown- 33 ership project, of which a prescribed percent of the units shall, upon 34 initial sale immediately subsequent to the completion date and upon each 35 subsequent sale for forty years immediately subsequent to the completion 36 date, be affordable to individuals or families whose household income 37 does not exceed a prescribed percent of the area median income, adjusted 38 for family size, and where each owner of any such unit shall agree, in 39 writing, to maintain such unit as their primary residence for no less 40 than five years from the acquisition of such unit, and such project is 41 subject to a regulatory agreement with a city or state agency. The 42 prescribed percentage of the units and the prescribed percentage of the 43 area median income shall be set forth in regulations promulgated by the 44 agency in accordance with the goals and factors set forth in subdivision 45 eight of this section. 46 (c) "Affordability percentage" shall mean a fraction, the numerator of 47 which is the number of affordable housing units in an eligible site and 48 the denominator of which is the total number of dwelling units in such 49 eligible site. 50 (d) "Affordable housing unit" shall mean a dwelling unit that: (i) is 51 situated within the eligible site for which ANNY Program benefits are 52 granted; and (ii) upon initial rental and upon each subsequent rentalS. 8306--A 63 A. 8806--A 1 following a vacancy during the applicable restriction period, is afford- 2 able to and restricted to occupancy by a household whose income does not 3 exceed a prescribed percentage of the area median income, adjusted for 4 family size, at the time that such household initially occupies such 5 dwelling unit. The prescribed area median income percentages shall be 6 set forth in regulations promulgated by the agency in accordance with 7 the goals and factors set forth in subdivision eight of this section. 8 (e) "Agency" shall mean the department of housing preservation and 9 development. 10 (f) "Application" shall mean an application for ANNY Program benefits. 11 (g) "Average hourly wage" shall mean the amount equal to the aggregate 12 amount of all wages and all employee benefits paid to, or on behalf of, 13 construction workers for construction work divided by the aggregate 14 number of hours of construction work. 15 (h) "Brooklyn prime development area" shall mean any tax lots now 16 existing or hereafter created which are located entirely within the 17 borough of Brooklyn and as set forth pursuant to a memorandum of under- 18 standing entered into pursuant to subdivision twenty-two of this 19 section. 20 (i) "Building service employee" shall mean any person who is regularly 21 employed at, and performs work in connection with the care or mainte- 22 nance of, an eligible site, including, but not limited to, a watchman, 23 guard, doorman, building cleaner, porter, handyman, janitor, gardener, 24 groundskeeper, elevator operator and starter, and window cleaner, but 25 not including persons regularly scheduled to work fewer than eight hours 26 per week at the eligible site. 27 (j) "Commencement date" shall mean, with respect to any eligible 28 multiple dwelling, the date upon which excavation and construction of 29 initial footings and foundations lawfully begins in good faith or, for 30 an eligible conversion, the date upon which the actual construction of 31 the conversion, alteration or improvement of the pre-existing building 32 or structure lawfully begins in good faith. 33 (k) "Completion date" shall mean, with respect to any eligible multi- 34 ple dwelling, the date upon which the local department of buildings 35 issues the first temporary or permanent certificate of occupancy cover- 36 ing all residential areas of an eligible multiple dwelling. 37 (l) "Construction period" shall mean, with respect to any eligible 38 multiple dwelling, a period: (i) beginning on the later of the commence- 39 ment date of such eligible multiple dwelling or three years before the 40 completion date of such eligible multiple dwelling; and (ii) ending on 41 the day preceding the completion date of such eligible multiple dwell- 42 ing. 43 (m) "Construction work" shall mean the provision of labor performed on 44 an eligible site between the commencement date and the completion date, 45 whereby materials and constituent parts are combined to initially form, 46 make or build an eligible multiple dwelling, including without limita- 47 tion, painting, or providing of material, articles, supplies or equip- 48 ment in the eligible multiple dwelling, but excluding security personnel 49 and work related to the fit-out of commercial spaces. 50 (n) "Construction workers" shall mean all persons performing 51 construction work who (i) are paid on an hourly basis and (ii) are not 52 in a management or executive role or position. 53 (o) "Contractor certified payroll report" shall mean an original 54 payroll report submitted by a contractor or sub-contractor to the inde- 55 pendent monitor setting forth to the best of the contractor's or sub- 56 contractor's knowledge, the total number of hours of construction workS. 8306--A 64 A. 8806--A 1 performed by construction workers, and the amount of wages and employee 2 benefits paid to construction workers for construction work. 3 (p) "Eligible conversion" shall mean the conversion, alteration or 4 improvement of a pre-existing building or structure resulting in a 5 multiple dwelling in which no more than forty-nine percent of the floor 6 area consists of such pre-existing building or structure. 7 (q) "Eligible multiple dwelling" shall mean a multiple dwelling or 8 homeownership project containing six or more dwelling units created 9 through new construction or eligible conversion for which the commence- 10 ment date is within five years subsequent to the date on which the memo- 11 randum of understanding is entered into pursuant to subdivision twenty- 12 two of this section, and for which the completion date is within nine 13 years subsequent to the date on which a memorandum of understanding is 14 entered into pursuant to subdivision twenty-two of this section. 15 (r) "Eligible site" shall mean either: (i) a tax lot containing an 16 eligible multiple dwelling; or (ii) a zoning lot containing two or more 17 eligible multiple dwellings that are part of a single application. 18 (s) "Employee benefits" shall mean all supplemental compensation paid 19 by the employer, on behalf of construction workers, other than wages, 20 including, without limitation, any premiums or contributions made into 21 plans or funds that provide health, welfare, non-occupational disability 22 coverage, retirement, vacation benefits, holiday pay, life insurance and 23 apprenticeship training. The value of any employee benefits received 24 shall be determined based on the prorated hourly cost to the employer of 25 the employee benefits received by construction workers. 26 (t) "Fiscal officer" shall mean the comptroller or other analogous 27 officer in a city having a population of one million or more. 28 (u) "Floor area" shall mean the horizontal areas of the several 29 floors, or any portion thereof, of a dwelling or dwellings, and accesso- 30 ry structures on a lot measured from the exterior faces of exterior 31 walls, or from the center line of party walls. 32 (v) "Four percent tax credits" shall mean federal low-income housing 33 tax credits computed in accordance with clause (ii) of subparagraph (B) 34 of paragraph (1) of subsection (b) of section forty-two of the internal 35 revenue code of nineteen hundred eighty-six, as amended. 36 (w) "Forty-year benefit" shall mean: (i) for the construction period, 37 a one hundred percent exemption from real property taxation, other than 38 assessments for local improvements; and (ii) for the first forty years 39 of the restriction period, a one hundred percent exemption from real 40 property taxation, other than assessments for local improvements. 41 (x) "Homeownership project" shall mean a multiple dwelling operated as 42 condominium or cooperative housing. 43 (y) "Homeownership project restriction period" shall mean a period 44 commencing on the completion date and expiring on the fortieth anniver- 45 sary of the completion date, notwithstanding any earlier termination or 46 revocation of ANNY Program benefits. 47 (z) "Independent monitor" shall mean an accountant licensed and in 48 good standing pursuant to article one hundred forty-nine of the educa- 49 tion law. 50 (aa) "Job action" shall mean any delay, interruption or interference 51 with the construction work caused by the actions of any labor organiza- 52 tion or concerted action of any employees at the eligible site, includ- 53 ing without limitation, strikes, sympathy strikes, work stoppages, walk 54 outs, slowdowns, picketing, bannering, hand billing, demonstrations, 55 sickouts, refusals to cross a picket line, refusals to handle struckS. 8306--A 65 A. 8806--A 1 business, and use of the rat or other inflatable balloons or similar 2 displays. 3 (bb) "Large rental project" shall mean an eligible site consisting of 4 thirty or more residential dwelling units in which all dwelling units 5 included in any application are operated as rental housing. 6 (cc) "Large rental project restriction period" shall mean a period 7 commencing on the completion date and extending in perpetuity, notwith- 8 standing any earlier termination or revocation of ANNY Program benefits. 9 (dd) "Manhattan prime development area" shall mean any tax lots, now 10 existing or hereafter created, located entirely in the borough of 11 Manhattan and as set forth pursuant to the memorandum of understanding 12 entered into pursuant to subdivision twenty-two of this section. 13 (ee) "Market unit" shall mean a dwelling unit in an eligible multiple 14 dwelling other than an affordable housing unit. 15 (ff) "Multiple dwelling" shall have the same meaning set forth in 16 subdivision seven of section four of the multiple dwelling law. 17 (gg) "Non-residential tax lot" shall mean a tax lot that does not 18 contain any dwelling units. 19 (hh) "Prime development area" shall mean the Manhattan prime develop- 20 ment area, the Brooklyn prime development area and the Queens prime 21 development area. 22 (ii) "Project-wide certified payroll report" shall mean a certified 23 payroll report submitted by the independent monitor to the fiscal offi- 24 cer based on each contractor certified payroll report which sets forth 25 the total number of hours of construction work performed by construction 26 workers, the amount of wages and employee benefits paid to construction 27 workers for construction work and the average hourly wage. 28 (jj) "Queens prime development area" shall mean any tax lots now 29 existing or hereafter created which are located entirely within the 30 borough of Queens and as set forth pursuant to a memorandum of under- 31 standing entered into pursuant to subdivision twenty-two of this 32 section. 33 (kk) "Rent stabilization" shall mean, collectively, the rent stabili- 34 zation law of nineteen hundred sixty-nine, the rent stabilization code, 35 and the emergency tenant protection act of nineteen seventy-four, all as 36 in effect as of the effective date of the chapter of the laws of two 37 thousand twenty-four that added this section or as amended thereafter, 38 together with any successor statutes or regulations addressing substan- 39 tially the same subject matter. 40 (ll) "Rental project" shall mean, collectively, large rental project 41 and small rental project. 42 (mm) "Residential tax lot" shall mean a tax lot that contains dwelling 43 units. 44 (nn) "Small rental project" shall mean an eligible site consisting of 45 less than thirty residential dwelling units in which all dwelling units 46 included in any application are operated as rental housing. 47 (oo) "Small rental project restriction period" shall mean a period 48 commencing on the completion date and expiring on the thirty-fifth anni- 49 versary of the completion date, notwithstanding any earlier termination 50 or revocation of ANNY Project benefits. 51 (pp) "Tax exempt bond proceeds" shall mean the proceeds of an exempt 52 facility bond, as defined in paragraph seven of subsection (a) of 53 section one hundred forty-two of the internal revenue code of nineteen 54 hundred eighty-six, as amended, the interest upon which is exempt from 55 taxation under section one hundred three of the internal revenue code of 56 nineteen hundred eighty-six, as amended.S. 8306--A 66 A. 8806--A 1 (qq) "Third-party fund administrator" shall be a person or entity that 2 receives funds pursuant to subdivision three of this section and over- 3 sees and manages the disbursal of such funds to construction workers. 4 The third-party fund administrator shall be a person or entity approved 5 by the fiscal officer and recommended by one, or more, representative or 6 representatives of the largest trade association of residential real 7 estate developers, either for profit or not-for-profit, in New York city 8 and one, or more, representative or representatives of the largest trade 9 labor association representing building and construction workers, with 10 membership in New York city. The third-party fund administrator shall 11 be appointed for a term of three years, provided, however, that the 12 administrator in place at the end of a three-year term shall continue to 13 serve beyond the end of the term until a replacement administrator is 14 appointed. The fiscal officer, after providing notice and after meeting 15 with the third-party fund administrator, may remove such administrator 16 for cause upon a fiscal officer determination that the administrator has 17 been ineffective at overseeing or managing the disbursal of funds to the 18 construction workers. The third-party fund administrator shall, at the 19 request of the fiscal officer, submit reports to the fiscal officer. 20 (rr) "Thirty-five year benefit" shall mean: (i) for the construction 21 period, a one hundred percent exemption from real property taxation, 22 other than assessments for local improvements; (ii) for the first twen- 23 ty-five years of the small rental project restriction period or the 24 large rental project restriction period, as applicable, a one hundred 25 percent exemption from real property taxation, other than assessments 26 for local improvements; and (iii) for the final ten years of the small 27 rental project restriction period or for the next ten years of the large 28 rental project restriction period, as applicable, an exemption from real 29 property taxation, other than assessments for local improvements, equal 30 to the affordability percentage. 31 (ss) "Wages" shall mean all compensation, remuneration or payments of 32 any kind paid to, or on behalf of, construction workers, including, 33 without limitation, any hourly compensation paid directly to the 34 construction worker, together with employee benefits, such as health, 35 welfare, non-occupational disability coverage, retirement, vacation 36 benefits, holiday pay, life insurance and apprenticeship training, and 37 payroll taxes, including, to the extent permissible by law, all amounts 38 paid for New York state unemployment insurance, New York state disabili- 39 ty insurance, metropolitan commuter transportation mobility tax, federal 40 unemployment insurance and pursuant to the federal insurance contrib- 41 utions act or any other payroll tax that is paid by the employer. 42 2. Benefit. In cities having a population of one million or more, 43 notwithstanding the provisions of any general, special or local law to 44 the contrary, new eligible multiple dwellings, except hotels, that 45 comply with the provisions of this section shall be exempt from real 46 property taxation, other than assessments for local improvements, in the 47 amounts and for the periods specified in this section. A rental project 48 that meets all of the requirements of this section shall receive a thir- 49 ty-five year benefit and a homeownership project that meets all of the 50 requirements of this section shall receive a forty-year benefit. 51 3. Rental projects. In addition to all other requirements set forth in 52 this section, rental projects containing more than the number of rental 53 units set forth by the memorandum of understanding entered into pursuant 54 to subdivision twenty-two of this section that are located within the 55 prime development area shall comply with the requirements set forth in 56 this subdivision. For purposes of this subdivision, "contractor" shallS. 8306--A 67 A. 8806--A 1 mean any entity which by agreement with another party, including sub- 2 contractors, undertakes to perform construction work at an eligible site 3 and "applicant" shall mean an applicant for ANNY Program benefits and 4 any successor thereto. 5 (a) The minimum average hourly wage paid to construction workers on an 6 eligible site within the Manhattan prime development area shall be no 7 less than the amount set by the memorandum of understanding entered into 8 pursuant to subdivision twenty-two of this section, and shall increase 9 pursuant to a schedule set forth by such memorandum. 10 (b) The minimum average hourly wage paid to construction workers on an 11 eligible site within the Brooklyn prime development area or the Queens 12 prime development area shall be no less than the amount set by the memo- 13 randum of understanding entered into pursuant to subdivision twenty-two 14 of this section, and shall increase pursuant to a schedule set forth by 15 such memorandum. 16 (c) The requirements of paragraphs (a) and (b) of this subdivision 17 shall not be applicable to: 18 (i) an eligible multiple dwelling in which at least fifty percent of 19 the dwelling units upon initial rental and upon each subsequent rental 20 following a vacancy during the large rental project restriction period, 21 are affordable to and restricted to occupancy by individuals or families 22 whose household income does not exceed ninety percent of the area median 23 income, adjusted for family size, at the time that such household 24 initially occupies such dwelling unit; or 25 (ii) any eligible dwelling that meets exemption criteria set forth in 26 a memorandum of understanding entered into pursuant to subdivision twen- 27 ty-two of this section. 28 (d) The applicant shall contract with an independent monitor. Such 29 independent monitor shall submit to the fiscal officer within one year 30 of the completion date, a project-wide certified payroll report. In the 31 event such project-wide certified payroll report is not submitted to the 32 fiscal officer within the requisite time, the applicant shall be subject 33 to a fine of one thousand dollars per week, or any portion thereof; 34 provided that the maximum fine shall be seventy-five thousand dollars. 35 In the event that the wage paid is less than the average hourly wage set 36 pursuant to paragraph (a) or (b) of this subdivision as applicable, the 37 project-wide certified payroll report shall also set forth the amount of 38 such deficiency. 39 (e) The contractor certified payroll report shall be submitted by each 40 contractor and sub-contractor no later than ninety days after the 41 completion of construction work by such contractor or sub-contractor. In 42 the event that a contractor or sub-contractor fails or refuses to submit 43 the contractor certified payroll report within the time prescribed in 44 this paragraph, the independent monitor shall notify the fiscal officer 45 and the fiscal officer shall be authorized to fine such contractor or 46 sub-contractor in an amount set forth by the memorandum of understanding 47 entered into pursuant to subdivision twenty-two of this section, 48 provided that the maximum fine shall not exceed an amount set forth in 49 such memorandum. 50 (f) In the event that the project-wide certified payroll report shows 51 that the wage paid as required by paragraph (a) or (b) of this subdivi- 52 sion, as applicable, was not paid, if the wage paid is within fifteen 53 percent of the average hourly wage required pursuant to paragraph (a) or 54 (b) of this subdivision, as applicable, then no later than one hundred 55 twenty days from the date of submission of such project-wide certified 56 payroll report, the applicant shall pay to the third-party fund adminis-S. 8306--A 68 A. 8806--A 1 trator an amount equal to the amount of the deficiency set forth in the 2 project-wide certified payroll report. The third-party fund administra- 3 tor shall distribute such payment to the construction workers who 4 performed construction work on such eligible site. Prior to making such 5 repayment, the third-party fund administrator shall submit to the fiscal 6 officer a plan subject to the fiscal officer's approval setting forth 7 the manner in which the third-party fund administrator will reach the 8 required average hourly wage within one hundred fifty days of receiving 9 the payment from the applicant and how any remaining funds will be 10 disbursed in the event that the third-party fund administrator cannot 11 distribute the funds to the construction workers within one year of 12 receiving fiscal officer approval. In the event that the applicant fails 13 to make such payment within the time period prescribed in this para- 14 graph, the applicant shall be subject to a fine not to exceed the amount 15 set by the memorandum of understanding entered into pursuant to subdivi- 16 sion twenty-two of this section, provided that the maximum fine shall 17 not exceed the amount set by the memorandum of understanding entered 18 into pursuant to subdivision twenty-two of this section. If the wage 19 paid is more than fifteen percent below the construction wage required 20 pursuant to paragraph (a) or (b) of this subdivision, as applicable, 21 then no later than one hundred twenty days from the date of submission 22 of such project-wide certified payroll report, the applicant shall pay 23 to the third-party fund administrator an amount equal to the amount of 24 the deficiency set forth in the project-wide payroll report. The third- 25 party fund administrator shall distribute such payment to the 26 construction workers who performed construction work on such eligible 27 site. Prior to making such repayment, the third-party fund administrator 28 shall submit to the fiscal officer a plan subject to the fiscal offi- 29 cer's approval setting forth the manner in which the third-party fund 30 administrator will reach the required average hourly wage within one 31 hundred fifty days of receiving the payment from the applicant and how 32 any remaining funds will be disbursed in the event that the third-party 33 fund administrator cannot distribute the funds to the construction work- 34 ers within one year of receiving fiscal officer approval. In addition, 35 the fiscal officer shall impose a penalty on the applicant in an amount 36 equal to twenty-five percent of the amount of the deficiency, provided, 37 however, that the fiscal officer shall not impose such penalty where the 38 eligible multiple dwelling has been the subject of a job action which 39 results in a work delay. In the event that the applicant fails to make 40 such payment within the time period prescribed in this paragraph, the 41 applicant shall be subject to a fine not to exceed the amount set by the 42 memorandum of understanding entered into pursuant to subdivision twen- 43 ty-two of this section, provided that the maximum fine shall not exceed 44 the amount set by the memorandum of understanding entered into pursuant 45 subdivision twenty-two of this section. Notwithstanding any provision 46 of this subdivision, the applicant shall not be liable in any respect 47 whatsoever for any payments, fines or penalties related to or resulting 48 from contractor fraud, mistake, or negligence or for fraudulent or inac- 49 curate contractor certified payroll reports or for fraudulent or inaccu- 50 rate project-wide certified payroll reports, provided, however, that 51 payment to the third-party fund administrator in the amount set forth in 52 the project-wide certified payroll report as described in this paragraph 53 shall still be made by the contractor or sub-contractor in the event of 54 underpayment resulting from or caused by the contractor or sub-contrac- 55 tor, and that the applicant will be liable for underpayment to the 56 third-party fund administrator unless the fiscal officer determines, inS. 8306--A 69 A. 8806--A 1 its sole discretion, that the underpayment was the result of, or caused 2 by, contractor fraud, mistake or negligence and/or for fraudulent or 3 inaccurate contractor certified payroll reports and/or project-wide 4 certified payroll reports. The applicant shall otherwise not be liable 5 in any way whatsoever once the payment to the third-party fund adminis- 6 trator has been made in the amount set forth in the project-wide certi- 7 fied payroll report. Other than the underpayment, which must be paid to 8 the third-party fund administrator, all fines and penalties set forth in 9 this subdivision imposed by the fiscal officer shall be paid to the 10 agency and used by the agency to provide affordable housing. 11 (g) Nothing in this subdivision shall be construed to confer a private 12 right of action to enforce the provisions of this subdivision, provided, 13 however, that this sentence shall not be construed as a waiver of any 14 existing rights of construction workers or their representatives related 15 to wage and benefit collection, wage theft or other labor protections or 16 rights and provided, further, that nothing in this subdivision relieves 17 any obligations pursuant to a collective bargaining agreement. 18 (h) The fiscal officer shall have the sole authority to determine and 19 enforce any liability for underpayment owing to the third-party fund 20 administrator from the applicant and/or the contractor, as a result of 21 contractor fraud, mistake or negligence and/or for fraudulent or inaccu- 22 rate contractor certified payroll reports and/or project-wide certified 23 payroll reports, as set forth in paragraph (e) of this subdivision. The 24 fiscal officer shall expeditiously conduct an investigation and hearing 25 at the New York city office of administrative trials and hearings, shall 26 determine the issues raised thereon and shall make and file an order in 27 his or her office stating such determination and forthwith serve a copy 28 of such order, either personally or by mail, together with notice of 29 filing, upon the parties to such proceedings. The fiscal officer in such 30 an investigation shall be deemed to be acting in a judicial capacity and 31 shall have the right to issue subpoenas, administer oaths and examine 32 witnesses. The enforcement of a subpoena issued under this paragraph 33 shall be regulated by the civil practice law and rules. The filing of 34 such order shall have the full force and effect of a judgment duly dock- 35 eted in the office of the county clerk. The order may be enforced by and 36 in the name of the fiscal officer in the same manner, and with like 37 effect, as that prescribed by the civil practice law and rules for the 38 enforcement of a money judgment. 39 4. In addition to all other requirements set forth in this section, an 40 eligible site must, over the course of the design and construction of 41 such eligible site, make all reasonable efforts to spend on contracts 42 with minority and women owned business enterprises at least twenty-five 43 percent of the total applicable costs, as such enterprises and costs are 44 defined in rules of the agency. Such rules shall set forth required 45 measures with respect to contracts for design and construction that are 46 comparable, to the extent practicable, to the measures used by agencies 47 of the city of New York to enhance minority and women owned business 48 enterprise participation in agency contracts pursuant to applicable law, 49 including section 6-129 of the administrative code of the city of New 50 York. 51 5. Tax payments. In addition to any other amounts payable pursuant to 52 this section, the owner of any eligible site receiving ANNY Program 53 benefits shall pay, in each tax year in which such ANNY Program benefits 54 are in effect, real property taxes and assessments as follows: 55 (a) with respect to each eligible multiple dwelling constructed on 56 such eligible site, real property taxes on the assessed valuation ofS. 8306--A 70 A. 8806--A 1 such land and any improvements thereon in effect during the tax year 2 prior to the commencement date of such eligible multiple dwelling, with- 3 out regard to any exemption from or abatement of real property taxation 4 in effect during such tax year, which real property taxes shall be 5 calculated using the tax rate in effect at the time such taxes are due; 6 and 7 (b) all assessments for local improvements. 8 6. Limitation on benefits for non-residential space. If the aggregate 9 floor area of commercial, community facility and accessory use space in 10 an eligible site, other than parking which is located not more than 11 twenty-three feet above the curb level, exceeds twelve percent of the 12 aggregate floor area in such eligible site, any ANNY Program benefits 13 shall be reduced by a percentage equal to such excess. If an eligible 14 site contains multiple tax lots, the tax arising out of such reduction 15 in ANNY Program benefits shall first be apportioned pro rata among any 16 non-residential tax lots. After any such non-residential tax lots are 17 fully taxable, the remainder of the tax arising out of such reduction in 18 ANNY Program benefits, if any, shall be apportioned pro rata among the 19 remaining residential tax lots. 20 7. Calculation of benefit. Based on the certification of the agency 21 certifying the applicant's eligibility for ANNY Program benefits, the 22 assessors shall certify to the collecting officer the amount of taxes to 23 be exempted. 24 8. Affordability requirements. A rental project shall maintain an 25 affordability percentage at or above the minimum affordability percent- 26 age set forth in regulations promulgated by the agency. The affordable 27 dwelling units within a rental project shall comply with the area median 28 income affordability level or levels set forth pursuant to regulations 29 promulgated by the agency. In setting the affordability percentage and 30 the area median income levels, the agency shall consider the following 31 goals and factors: the production of financially viable, high quality 32 and safe housing, particularly in well-resourced areas with high land 33 acquisition costs, that meet the needs of low and moderate income house- 34 holds and individuals. 35 (a) All rental dwelling units in an eligible multiple dwelling shall 36 share the same common entrances and common areas as market rate units in 37 such eligible multiple dwelling and shall not be isolated to a specific 38 floor or area of an eligible multiple dwelling. Common entrances shall 39 mean any area regularly used by any resident of a rental dwelling unit 40 in the eligible multiple dwelling for ingress and egress from such 41 eligible multiple dwelling. 42 (b) Unless preempted by the requirements of a federal, state or local 43 housing program, either (i) the affordable housing units in an eligible 44 multiple dwelling shall have a unit mix proportional to the market 45 units, or (ii) at least fifty percent of the affordable housing units in 46 an eligible multiple dwelling shall have two or more bedrooms and no 47 more than twenty-five percent of the affordable housing units shall have 48 less than one bedroom. 49 (c) Notwithstanding any provision of rent stabilization to the contra- 50 ry, all affordable housing units shall remain fully subject to rent 51 stabilization both during and subsequent to the small building 52 restriction period or the large building restriction period, as applica- 53 ble. 54 (d) All rent stabilization registrations required to be filed shall 55 contain a designation that specifically identifies affordable housing 56 units created pursuant to this section as "ANNY Program affordable hous-S. 8306--A 71 A. 8806--A 1 ing units" and shall contain an explanation of the requirements that 2 apply to all such affordable housing units. 3 (e) Failure to comply with the provisions of this subdivision that 4 require the creation, maintenance, rent stabilization compliance and 5 occupancy of affordable housing units or for purposes of a homeownership 6 project the failure to comply with the affordable homeownership project 7 requirements shall result in revocation of any ANNY Program benefits for 8 the period of such non-compliance. 9 (f) Nothing in this section shall (i) prohibit the occupancy of an 10 affordable housing unit by individuals or families whose income at any 11 time is less than the maximum percentage of the area median income, 12 adjusted for family size, specified for such affordable housing unit 13 pursuant to this section, or (ii) prohibit the owner of an eligible site 14 from requiring, upon initial rental or upon any rental following a 15 vacancy, the occupancy of any affordable housing unit by such lower 16 income individuals or families. 17 (g) Following issuance of a temporary certificate of occupancy and 18 upon each vacancy thereafter, an affordable housing unit shall promptly 19 be offered for rental by individuals or families whose income does not 20 exceed the maximum percentage of the area median income, adjusted for 21 family size, specified for such affordable housing unit pursuant to this 22 section and who intend to occupy such affordable housing unit as their 23 primary residence. An affordable housing unit shall not be (i) rented to 24 a corporation, partnership or other entity, or (ii) held off the market 25 for a period longer than is reasonably necessary to perform repairs 26 needed to make such affordable housing unit available for occupancy. 27 (h) An affordable housing unit shall not be rented on a temporary, 28 transient or short-term basis. Every lease and renewal thereof for an 29 affordable housing unit shall be for a term of one or two years, at the 30 option of the tenant. 31 (i) An affordable housing rental unit shall not be converted to coop- 32 erative or condominium ownership. 33 (j) The agency may establish by rule such requirements as the agency 34 deems necessary or appropriate for (i) the marketing of affordable hous- 35 ing units, both upon initial occupancy and upon any vacancy, (ii) moni- 36 toring compliance with the provisions of this subdivision, and (iii) the 37 marketing and monitoring of any homeownership project that is granted an 38 exemption pursuant to this subdivision. Such requirements may include, 39 but need not be limited to, retaining a monitor approved by the agency 40 and paid for by the owner. 41 (k) Notwithstanding any provision of this section to the contrary, a 42 market unit shall not be subject to rent stabilization unless, in the 43 absence of ANNY Program benefits, the unit would be subject to rent 44 stabilization. 45 9. Building service employees. (a) For the purposes of this subdivi- 46 sion, "applicant" shall mean an applicant for ANNY Program benefits, any 47 successor to such applicant, or any employer of building service employ- 48 ees for such applicant, including, but not limited to, a property 49 management company or contractor. 50 (b) All building service employees employed by the applicant at the 51 eligible site shall receive the applicable prevailing wage for the dura- 52 tion of the applicable benefit period, regardless of whether such bene- 53 fits are revoked or terminated. 54 (c) The fiscal officer shall have the power to enforce the provisions 55 of this subdivision. In enforcing such provisions, the fiscal officer 56 shall have the power:S. 8306--A 72 A. 8806--A 1 (i) to investigate or cause an investigation to be made to determine 2 the prevailing wages for building service employees; in making such 3 investigation, the fiscal officer may utilize wage and fringe benefit 4 data from various sources, including, but not limited to, data and 5 determinations of federal, state or other governmental agencies, 6 provided, however, that the provision of a dwelling unit shall not be 7 considered wages or a fringe benefit; 8 (ii) to institute and conduct inspections at the site of the work or 9 elsewhere; 10 (iii) to examine the books, documents and records pertaining to the 11 wages paid to, and the hours of work performed by, building service 12 employees; 13 (iv) to hold hearings and, in connection therewith, to issue subpoe- 14 nas, administer oaths and examine witnesses; the enforcement of a 15 subpoena issued under this subdivision shall be regulated by the civil 16 practice law and rules; 17 (v) to make a classification by craft, trade or other generally recog- 18 nized occupational category of the building service employees and to 19 determine whether such work has been performed by the building service 20 employees in such classification; 21 (vi) to require the applicant to file with the fiscal officer a record 22 of the wages actually paid by such applicant to the building service 23 employees and of their hours of work; 24 (vii) to delegate any of the foregoing powers to his or her deputy or 25 other authorized representative; 26 (viii) to promulgate rules as he or she shall consider necessary for 27 the proper execution of the duties, responsibilities and powers 28 conferred upon him or her by the provisions of this paragraph; and 29 (ix) to prescribe appropriate sanctions for failure to comply with the 30 provisions of this subdivision. For each violation of paragraph (b) of 31 this subdivision, the fiscal officer may require the payment of: (A) 32 back wages and fringe benefits; (B) liquidated damages up to three times 33 the amount of the back wages and fringe benefits for willful violations; 34 and/or (C) reasonable attorney's fees. If the fiscal officer finds that 35 the applicant has failed to comply with the provisions of this subpara- 36 graph, he or she shall present evidence of such non-compliance to the 37 agency. 38 (d) Paragraph (b) of this subdivision shall not be applicable to: 39 (i) an eligible multiple dwelling containing less than thirty dwelling 40 units; or 41 (ii) an eligible multiple dwelling in which all of the dwelling units 42 are affordable housing units and not less than fifty percent of such 43 affordable housing units, upon initial rental and upon each subsequent 44 rental following a vacancy are affordable to and restricted to occupancy 45 by individuals or families whose household income does not exceed ninety 46 percent of the area median income, adjusted for family size, at the time 47 that such household initially occupies such dwelling unit. 48 (e) The applicant shall submit a sworn affidavit with its application, 49 and annually thereafter, certifying that it shall comply with the 50 requirements of this subdivision. 51 (f) The agency shall annually publish a list of all eligible sites 52 subject to the requirements of this paragraph and the affidavits 53 required pursuant to paragraph (e) of this subdivision. 54 10. Replacement ratio. If the land on which an eligible site is 55 located contained any dwelling units three years prior to the commence- 56 ment date of the first eligible multiple dwelling thereon, then suchS. 8306--A 73 A. 8806--A 1 eligible multiple dwelling or dwellings built thereon shall contain at 2 least one affordable housing unit for each dwelling unit that existed on 3 such date and was thereafter demolished, removed or reconfigured. 4 11. Concurrent exemptions or abatements. An eligible multiple dwelling 5 receiving ANNY Program benefits shall not receive any exemption from or 6 abatement of real property taxation under any other law. 7 12. Voluntary renunciation or termination. Notwithstanding the 8 provisions of any general, special or local law to the contrary, an 9 owner shall not be entitled to voluntarily renounce or terminate ANNY 10 Program benefits unless the agency authorizes such renunciation or 11 termination in connection with the commencement of a new tax exemption 12 pursuant to either the private housing finance law or section four 13 hundred twenty-c of this title. 14 13. Termination or revocation. The agency may terminate or revoke ANNY 15 Program benefits for noncompliance with this section; provided, however, 16 that the agency shall not terminate or revoke ANNY Program benefits for 17 a failure to comply with subdivision three of this section. If an appli- 18 cant has committed three violations of the requirements of paragraph b 19 of subdivision nine of this section within a five-year period, the agen- 20 cy may revoke any benefits under this section. For purposes of this 21 subdivision, a "violation" of paragraph b of subdivision nine of this 22 section shall be deemed a finding by the fiscal officer that the appli- 23 cant has failed to comply with paragraph b of subdivision nine of this 24 section and has failed to cure the deficiency within three months of 25 such finding. Provided, however, that after a second such violation, 26 the applicant shall be notified that any further violation may result in 27 the revocation of benefits under this section and that the fiscal offi- 28 cer shall publish on its website a list of all applicants with two 29 violations as defined in this paragraph. If ANNY Program benefits are 30 terminated or revoked for noncompliance with this section: (a) all of 31 the affordable housing units shall remain subject to rent stabilization 32 and all other requirements of this section for the applicable 33 restriction period, and any additional period expressly provided in this 34 section, as if the ANNY Program benefits had not been terminated or 35 revoked; or (b) for a homeownership project, such project shall continue 36 to comply with affordability requirements set forth in this section and 37 all other requirements of this section for the restriction period and 38 any additional period expressly provided in this section, as if the ANNY 39 Program benefits had not been terminated or revoked. 40 14. Powers cumulative. The enforcement provisions of this section 41 shall not be exclusive, and are in addition to any other rights, reme- 42 dies, or enforcement powers set forth in any other law or available at 43 law or in equity. 44 15. Multiple tax lots. If an eligible site contains multiple tax lots, 45 an application may be submitted with respect to one or more of such tax 46 lots. The agency shall determine eligibility for ANNY Program benefits 47 based upon the tax lots included in such application and benefits for 48 each multiple dwelling shall be based upon the completion date of such 49 multiple dwelling. 50 16. Applications. (a) The application with respect to any eligible 51 multiple dwelling shall be filed with the agency not later than one year 52 after the completion date of such eligible multiple dwelling. 53 (b) Notwithstanding the provisions of any general, special or local 54 law to the contrary, the agency may require by rule that applications be 55 filed electronically.S. 8306--A 74 A. 8806--A 1 (c) The agency may rely on certification by an architect or engineer 2 submitted by an applicant in connection with the filing of an applica- 3 tion. A false certification by such architect or engineer shall be 4 deemed to be professional misconduct pursuant to section sixty-five 5 hundred nine of the education law. Any licensee found guilty of such 6 misconduct under the procedures prescribed in section sixty-five hundred 7 ten of the education law shall be subject to the penalties prescribed in 8 section sixty-five hundred eleven of the education law and shall there- 9 after be ineligible to submit a certification pursuant to this section. 10 (d) The agency shall not require that the applicant demonstrate 11 compliance with the requirements of subdivision three of this section as 12 a condition to approval of the application. 13 17. Filing fee. The agency may require a filing fee of three thousand 14 dollars per dwelling unit in connection with any application. However, 15 the agency may promulgate rules imposing a lesser fee for eligible sites 16 containing eligible multiple dwellings constructed with the substantial 17 assistance of grants, loans or subsidies provided by a federal, state or 18 local governmental agency or instrumentality pursuant to a program for 19 the development of affordable housing. 20 18. Rules. Except as provided in subdivisions three and nine of this 21 section, the agency shall have the sole authority to enforce the 22 provisions of this section and may promulgate rules to carry out the 23 provisions of this section. 24 19. Election. Notwithstanding anything in this section to the contra- 25 ry, a small rental project, large rental project or homeownership 26 project with a commencement date on or before June fifteenth, two thou- 27 sand twenty-two that has not received benefits pursuant to section four 28 hundred twenty-one-a of this title prior to the effective date of the 29 chapter of the laws of two thousand twenty-four that added this section 30 may elect to comply with this section and receive ANNY Program benefits 31 pursuant to this section. 32 20. Reporting. On or before June thirtieth of each year, the commis- 33 sioner of the New York city department of housing preservation and 34 development shall issue a report to the governor, the temporary presi- 35 dent of the senate and the speaker of the assembly setting forth the 36 number of total projects and units created by this section by year, 37 level of affordability, and community board, the cost of the ANNY 38 Program, and other such factors as the commissioner of the New York city 39 department of housing preservation and development deems appropriate. 40 The New York city department of housing preservation and development may 41 request and shall receive cooperation and assistance from all depart- 42 ments, divisions, boards, bureaus, commissions, public benefit corpo- 43 rations or agencies of the state of New York, the city of New York or 44 any other political subdivisions thereof, or any entity receiving bene- 45 fits pursuant to this section. 46 21. Penalties for violations of large rental project affordability 47 requirements. (a) On and after the expiration date of the thirty-five 48 year benefit for a large rental project, the agency may impose, after 49 notice and an opportunity to be heard, a fine for any violation of the 50 affordability requirements established pursuant to subdivision eight of 51 this section by such large rental project. The agency shall establish a 52 schedule and method of calculation of such fines pursuant to subdivision 53 seventeen of this section. 54 (b) A fine under this subdivision may be imposed against the owner of 55 the eligible site containing such large rental project at the time the 56 violation occurred, even if such owner no longer owns such eligibleS. 8306--A 75 A. 8806--A 1 site. A failure to pay such fine may result in a lien and such other 2 remedies as may be available pursuant to applicable law and regulation. 3 22. The provisions of subdivisions one through twenty-one of this 4 section shall take effect only upon the conditions that on or before 5 January first, two thousand twenty-five: (a) a memorandum of understand- 6 ing is executed by one, or more, representatives of the largest trade 7 association of residential real estate developers, either for profit or 8 not-for-profit, in New York city as well as one, or more, represen- 9 tatives of the largest trade labor association representing building and 10 construction workers, with membership in New York city, and (b) notice 11 of such full execution is delivered to the legislative bill drafting 12 commission. Such memorandum of understanding shall include provisions 13 regarding wages or wage supplements for construction workers on build- 14 ings over fifteen units where such buildings enjoy the benefits of this 15 section; provided, however, that such memorandum shall also address 16 issues including those related to the (i) number of units, (ii) applica- 17 tion of a wage schedule to different size projects, (iii) wage schedules 18 for various geographic locations in New York city, and (iv) a schedule 19 of fines for non-compliance with the wage requirements set forth in this 20 section. The terms and conditions of the memorandum of understanding 21 shall apply to all projects with more than fifteen units that receive 22 benefits under this section after the memorandum of understanding is 23 executed. Notwithstanding the foregoing, the addition, amendment and/or 24 repeal of any rule or regulation necessary for the implementation of 25 this act on its effective date are authorized to be made and completed 26 on or before such effective date. 27 § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor 28 law, as added by section 1 of part FFF of chapter 58 of the laws of 29 2020, are amended and a new paragraph h is added to read as follows: 30 f. funds provided pursuant to subdivision three of section twenty- 31 eight hundred fifty-three of the education law; [and] 32 g. any other public monies, credits, savings or loans, determined by 33 the public subsidy board created in section two hundred twenty-four-c of 34 this article as exempt from this definition[.]; and 35 h. benefits under section four hundred eighty-five-x of the real prop- 36 erty tax law. 37 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 38 sion, or section of this act shall be adjudged by any court of competent 39 jurisdiction to be invalid, such judgment shall not affect, impair, or 40 invalidate the remainder thereof, but shall be confined in its operation 41 to the clause, sentence, paragraph, subdivision, or section thereof 42 directly involved in the controversy in which such judgment shall have 43 been rendered. It is hereby declared to be the intent of the legislature 44 that this act would have been enacted even if such invalid provisions 45 had not been included herein. 46 § 4. This act shall take effect immediately; provided, however, that 47 the department of housing preservation and development shall notify the 48 legislative bill drafting commission upon the occurrence of the 49 execution of the memorandum of understanding provided for in subdivision 50 twenty-two of section 485-x of the real property tax law as added by 51 section one of this act in order that the commission may maintain an 52 accurate and timely effective data base of the official text of the laws 53 of the state of New York in furtherance of effectuating the provisions 54 of section 44 of the legislative law and section 70-b of the public 55 officers law.S. 8306--A 76 A. 8806--A 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or part of this act shall be adjudged by any court of 3 competent jurisdiction to be invalid, such judgment shall not affect, 4 impair, or invalidate the remainder thereof, but shall be confined in 5 its operation to the clause, sentence, paragraph, subdivision, section 6 or part thereof directly involved in the controversy in which such judg- 7 ment shall have been rendered. It is hereby declared to be the intent of 8 the legislature that this act would have been enacted even if such 9 invalid provisions had not been included herein. 10 § 3. This act shall take effect immediately provided, however, that 11 the applicable effective date of Parts A through U of this act shall be 12 as specifically set forth in the last section of such Parts.
