Bill Text: NY A03006 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2021-2022 state fiscal year; relates to school contracts for excellence; provides for a pandemic adjustment payment reduction; relates to aidable transportation expenses; relates to funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021; relates to foundation aid; relates to the statewide universal full-day pre-kindergarten program; legalizes, validates, ratifies and confirms certain contracts and projects by the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; provides that the commissioner of education shall not recover any penalties from the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; legalizes, validates, ratifies and confirms certain transportation contracts by the Cold Spring Harbor central school district; relates to certain moneys apportioned in the 2021-2022 school year; relates to the preparation of estimated data for projections of apportionments; relates to approved private schools serving certain students with disabilities, special act school districts and approved preschool special class and special class in an integrated setting programs experiencing enrollment decreases as a result of the state disaster emergency declared pursuant to Executive Order 202 of 2020; authorizes the board of education of a special act school district to establish a fiscal stabilization reserve fund; relates to certain tuition methodology; relates to charter school aid; relates to the calculation of nonpublic school's eligibility to receive aid; relates to reimbursement for a work force education program by the consortium for worker education in New York City for the 2021-2022 school year and withholding a portion of employment preparation education aid; relates to funds for certain employment preparation education programs; relates to the effectiveness of conditional appointment of school district, charter school or BOCES employees; relates to the effectiveness of the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to the effectiveness of the implementation of the No Child Left Behind Act of 2001; relates to school bus driver training; relates to special appointment for salary expenses and public pension accruals; relates to amounts of apportionments in relation to Roosevelt union free school district; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relates to the support of public libraries; relates to the New York state mentor teacher-internship program; relates to the gap elimination adjustment percentage; relates to the gap elimination adjustment (Part A); extends provisions of law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities (Part D); extends scholarship program eligibility for certain recipients affected by the COVID-19 pandemic (Part F); relates to excelsior scholarship award amounts (Part G); relates to facilities operated by the office of children and family services (Part H); extends provisions relating to restructuring financing for residential school placements (Part I); makes permanent the consolidation of the youth development and delinquency prevention program and the special delinquency prevention program (Part J); makes permanent the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part K); provides for compliance with the federal family first prevention services act regarding placement of children into residential treatment programs (Part L); utilizes reserves in the mortgage insurance fund for various housing purposes (Part O); increases the standards of monthly need for aged, blind and disabled persons receiving certain care (Part P); provides for a tax check-off for gifts to food banks (Part Q); exempts certain housing projects that entered into regulatory agreements from sales and compensating use taxes (Part U); limits child care expenses for low-income families (Part Z); provides for requirements for construction work and engineering and consulting services performed in connection with the installation of certain renewable energy systems (Part AA); enacts the "COVID-19 emergency rental assistance program of 2021"; defines terms; authorizes the commissioner of the office of temporary and disability assistance to implement emergency rental and utility assistance; provides for distribution, application, documentation and restrictions on evictions; establishes a COVID-19 emergency rental municipal corporation allocation fund; makes related provisions (Subpart A); establishes the utility COVID-19 debt relief credit (Subpart B) (Part BB); prohibits the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges (Part CC); relates to tuition assistance award programs and extending the authorization of certain components of the NY-SUNY 2020 challenge grant program (Part DD); excludes certain funding from the determination of the maximum state aid rate for authorized agencies (Part EE); implements section 4 of Division X of the federal consolidated appropriations act of 2021 (Part FF); directs the state to appropriate general fund operating support to cover any increase in tuition credit (Part GG); provides for defense and indemnification of physicians acting on behalf of the state (Part HH); provides criteria for the storage of sexual offense evidence collection kits (Part II); provides supports and services for youth suffering from adverse childhood experiences (Subpart A); (Part JJ); relates to providing for optional electronic service of process (Part KK); enacts the community violence intervention act (Part LL); relates to establishing the comprehensive broadband connectivity act which directs the public service commission to review state broadband and fiber optic services (Part MM); requires every person, business, corporation, or their agents providing or seeking to provide broadband service in New York state to offer high speed broadband service to low-income consumer; defines "broadband service"; authorizes attorney general enforcement; makes related provisions (Part NN); relates to the powers that social services officials have to receive or dispose of a deed, mortgage or lien (Part OO).
Spectrum: Committee Bill
Status: (Passed) 2021-04-16 - signed chap.56 [A03006 Detail]
Download: New_York-2021-A03006-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 2506--C A. 3006--C SENATE - ASSEMBLY January 20, 2021 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to school contracts for excellence; to amend the education law, in relation to pandemic adjustment payment reduction; to amend the education law, in relation to aidable transportation expense; relating to funding from the elementary and secondary school emergency relief fund allocated by the American rescue plan act of 2021; to amend the education law, in relation to foundation aid; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; legalizing, validating, ratifying and confirming certain contracts and projects by the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; providing that the commissioner of education shall not recover any penalties from the Huntington union free school district, the Liverpool central school district, and the Marlboro central school district; legalizing, validating, ratifying and confirming certain transportation contracts by the Cold Spring Harbor central school district; to amend the educa- tion law, in relation to certain moneys apportioned in the 2021-2022 school year; to amend the education law, in relation to the prepara- tion of estimated data for projections of apportionments; in relation to approved private schools serving certain students with disabili- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12572-05-1S. 2506--C 2 A. 3006--C ties, special act school districts and approved preschool special class and special class in an integrated setting programs experiencing enrollment decreases as a result of the state disaster emergency declared pursuant to Executive Order 202 of 2020; to amend the educa- tion law, in relation to authorizing the board of education of a special act school district to establish a fiscal stabilization reserve fund; to amend the education law, in relation to certain tuition methodology; to amend the education law, in relation to char- ter school aid; to amend part B of chapter 57 of the laws of 2008 amending the education law relating to the universal prekindergarten program, in relation to the effectiveness thereof; to amend chapter 507 of the laws of 1974, relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, in relation to the calculation of nonpublic schools' eligibility to receive aid; 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 2021-2022 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend the education law, in relation to funds for certain employment preparation education programs; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the educa- tion law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; to amend chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issu- ance of serial bonds, in relation to the amounts of such apportion- ments; in relation to special apportionment for public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relating to the support of public libraries; to repeal paragraph cc of subdivision 1 of section 3602 of the education law, relating to the gap elimination adjustment percentage; to repeal paragraph c of subdivision 17 of section 3602 of the education law, relating to the gap elimination adjustment; and providing for the repeal of certain provisions upon expiration thereof (Part A); inten- tionally omitted (Part B); intentionally omitted (Part C); to amend part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effectiveness thereof (Part D); inten- tionally omitted (Part E); extending scholarship program eligibilityS. 2506--C 3 A. 3006--C for certain recipients affected by the COVID-19 pandemic (Part F); to amend the education law, in relation to establishing the amount awarded for the excelsior scholarship (Part G); to amend the executive law, in relation to facilities operated and maintained by the office of children and family services and to authorize the closure of certain facilities operated by such office (Part H); to amend part N of chapter 56 of the laws of 2020 amending the social services law relating to restructuring financing for residential school placements, in relation to making such provisions permanent (Part I); to amend part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidating the youth devel- opment and delinquency prevention program and the special delinquency prevention program, in relation to making such provisions permanent (Part J); to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to the effectiveness thereof (Part K); to amend the social services law and the family court act, in relation to compliance with the Federal Family First Prevention Services Act; and providing for the repeal of certain provisions upon expiration thereof (Part L); inten- tionally omitted (Part M); intentionally omitted (Part N); to utilize reserves in the mortgage insurance fund for various housing purposes (Part O); 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 P); to amend the state finance law, in relation to authorizing a tax check-off for gifts to food banks (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); intentionally omitted (Part T); to amend the private housing finance law, in relation to exempting certain projects from sales and compen- sating use taxes (Part U); intentionally omitted (Part V); inten- tionally omitted (Part W); intentionally omitted (Part X); inten- tionally omitted (Part Y); to amend the social services law, in relation to making child care more affordable for low-income families; and providing for the repeal of such provisions upon expiration there- of (Part Z); to amend the labor law and the public service law, in relation to requirements for certain renewable energy systems (Part AA); to establish a COVID-19 emergency rental assistance program; to amend the state finance law, in relation to establishing a COVID-19 emergency rental municipal corporation allocation fund; and providing for the repeal of such provisions upon expiration thereof (Subpart A); and to amend the tax law, in relation to establishing the utility COVID-19 debt relief credit (Subpart B) (Part BB); to amend the labor law, in relation to prohibiting the inclusion of claims for unemploy- ment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges; and to amend chapter 21 of the laws of 2021, amending the labor law relat- ing to prohibiting the inclusion of claims for unemployment insurance arising from the closure of an employer due to COVID-19 from being included in such employer's experience rating charges, in relation to the effectiveness thereof (Part CC); to amend the education law, in relation to tuition assistance program awards; and 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 DD); to amend the social services law,S. 2506--C 4 A. 3006--C in relation to excluding certain funding from the determination of the maximum state aid rate for authorized agencies; and providing for the repeal of such provisions upon expiration thereof (Part EE); to imple- ment section 4 of Division X of the federal consolidated appropri- ations act of 2021; and providing for the repeal of such provisions upon expiration thereof (Part FF); to amend the education law, in relation to state appropriations for reimbursement of tuition credits (Part GG); to amend the public officers law, in relation to defense and indemnification of physicians acting on behalf of the state (Part HH); to amend the public health law, in relation to the storage of sexual offense evidence collection kits (Part II); to amend the social services law, the education law and the public health law, in relation to providing supports and services for youth suffering from adverse childhood experiences; and providing for the repeal of certain provisions of the social services law relating thereto (Subpart A); intentionally omitted (Subpart B) (Part JJ); to amend the business corporation law, the general associations law, the limited liability company law, the not-for-profit corporation law, the partnership law and the real property law, in relation to service of process (Part KK); to amend the executive law, in relation to the community violence intervention act (Part LL); to amend the public service law, in relation to directing the public service commission to review broad- band and fiber optic services within the state (Part MM); to amend the general business law, in relation to broadband service for low-income consumers (Part NN); and to amend the social services law, in relation to the powers of a social services official to receive and dispose of a deed, mortgage or lien (Part OO) 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 2021-2022 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through OO. 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 2020, 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 areS. 2506--C 5 A. 3006--C 1 identified as in good standing and provided further that, a school 2 district that submitted a contract for excellence for the two thousand 3 nine--two thousand ten school year, unless all schools in the district 4 are identified as in good standing, shall submit a contract for excel- 5 lence for the two thousand eleven--two thousand twelve school year which 6 shall, notwithstanding the requirements of subparagraph (vi) of para- 7 graph a of subdivision two of this section, provide for the expenditure 8 of an amount which shall be not less than the product of the amount 9 approved by the commissioner in the contract for excellence for the two 10 thousand nine--two thousand ten school year, multiplied by the 11 district's gap elimination adjustment percentage and provided further 12 that, a school district that submitted a contract for excellence for the 13 two thousand eleven--two thousand twelve school year, unless all schools 14 in the district are identified as in good standing, shall submit a 15 contract for excellence for the two thousand twelve--two thousand thir- 16 teen school year which shall, notwithstanding the requirements of 17 subparagraph (vi) of paragraph a of subdivision two of this section, 18 provide for the expenditure of an amount which shall be not less than 19 the amount approved by the commissioner in the contract for excellence 20 for the two thousand eleven--two thousand twelve school year and 21 provided further that, a school district that submitted a contract for 22 excellence for the two thousand twelve--two thousand thirteen school 23 year, unless all schools in the district are identified as in good 24 standing, shall submit a contract for excellence for the two thousand 25 thirteen--two thousand fourteen school year which shall, notwithstanding 26 the requirements of subparagraph (vi) of paragraph a of subdivision two 27 of this section, provide for the expenditure of an amount which shall be 28 not less than the amount approved by the commissioner in the contract 29 for excellence for the two thousand twelve--two thousand thirteen school 30 year and provided further that, a school district that submitted a 31 contract for excellence for the two thousand thirteen--two thousand 32 fourteen school year, unless all schools in the district are identified 33 as in good standing, shall submit a contract for excellence for the two 34 thousand fourteen--two thousand fifteen school year which shall, 35 notwithstanding the requirements of subparagraph (vi) of paragraph a of 36 subdivision two of this section, provide for the expenditure of an 37 amount which shall be not less than the amount approved by the commis- 38 sioner in the contract for excellence for the two thousand thirteen--two 39 thousand fourteen school year; and provided further that, a school 40 district that submitted a contract for excellence for the two thousand 41 fourteen--two thousand fifteen school year, unless all schools in the 42 district are identified as in good standing, shall submit a contract for 43 excellence for the two thousand fifteen--two thousand sixteen school 44 year which shall, notwithstanding the requirements of subparagraph (vi) 45 of paragraph a of subdivision two of this section, provide for the 46 expenditure of an amount which shall be not less than the amount 47 approved by the commissioner in the contract for excellence for the two 48 thousand fourteen--two thousand fifteen school year; and provided 49 further that a school district that submitted a contract for excellence 50 for the two thousand fifteen--two thousand sixteen school year, unless 51 all schools in the district are identified as in good standing, shall 52 submit a contract for excellence for the two thousand sixteen--two thou- 53 sand seventeen school year which shall, notwithstanding the requirements 54 of subparagraph (vi) of paragraph a of subdivision two of this section, 55 provide for the expenditure of an amount which shall be not less than 56 the amount approved by the commissioner in the contract for excellenceS. 2506--C 6 A. 3006--C 1 for the two thousand fifteen--two thousand sixteen school year; and 2 provided further that, a school district that submitted a contract for 3 excellence for the two thousand sixteen--two thousand seventeen school 4 year, unless all schools in the district are identified as in good 5 standing, shall submit a contract for excellence for the two thousand 6 seventeen--two thousand eighteen school year which shall, notwithstand- 7 ing the requirements of subparagraph (vi) of paragraph a of subdivision 8 two of this section, provide for the expenditure of an amount which 9 shall be not less than the amount approved by the commissioner in the 10 contract for excellence for the two thousand sixteen--two thousand 11 seventeen school year; and provided further that a school district that 12 submitted a contract for excellence for the two thousand seventeen--two 13 thousand eighteen school year, unless all schools in the district are 14 identified as in good standing, shall submit a contract for excellence 15 for the two thousand eighteen--two thousand nineteen school year which 16 shall, notwithstanding the requirements of subparagraph (vi) of para- 17 graph a of subdivision two of this section, provide for the expenditure 18 of an amount which shall be not less than the amount approved by the 19 commissioner in the contract for excellence for the two thousand seven- 20 teen--two thousand eighteen school year; and provided further that, a 21 school district that submitted a contract for excellence for the two 22 thousand eighteen--two thousand nineteen school year, unless all schools 23 in the district are identified as in good standing, shall submit a 24 contract for excellence for the two thousand nineteen--two thousand 25 twenty school year which shall, notwithstanding the requirements of 26 subparagraph (vi) of paragraph a of subdivision two of this section, 27 provide for the expenditure of an amount which shall be not less than 28 the amount approved by the commissioner in the contract for excellence 29 for the two thousand eighteen--two thousand nineteen school year; and 30 provided further that, a school district that submitted a contract for 31 excellence for the two thousand nineteen--two thousand twenty school 32 year, unless all schools in the district are identified as in good 33 standing, shall submit a contract for excellence for the two thousand 34 twenty--two thousand twenty-one school year which shall, notwithstanding 35 the requirements of subparagraph (vi) of paragraph a of subdivision two 36 of this section, provide for the expenditure of an amount which shall be 37 not less than the amount approved by the commissioner in the contract 38 for excellence for the two thousand nineteen--two thousand twenty school 39 year; and provided further that, a school district that submitted a 40 contract for excellence for the two thousand twenty--two thousand twen- 41 ty-one school year, unless all schools in the district are identified as 42 in good standing, shall submit a contract for excellence for the two 43 thousand twenty-one--two thousand twenty-two school year which shall, 44 notwithstanding the requirements of subparagraph (vi) of paragraph a of 45 subdivision two of this section, provide for the expenditure of an 46 amount which shall be not less than the amount approved by the commis- 47 sioner in the contract for excellence for the two thousand twenty--two 48 thousand twenty-one school year. For purposes of this paragraph, the 49 "gap elimination adjustment percentage" shall be calculated as the sum 50 of one minus the quotient of the sum of the school district's net gap 51 elimination adjustment for two thousand ten--two thousand eleven 52 computed pursuant to chapter fifty-three of the laws of two thousand 53 ten, making appropriations for the support of government, plus the 54 school district's gap elimination adjustment for two thousand eleven-- 55 two thousand twelve as computed pursuant to chapter fifty-three of the 56 laws of two thousand eleven, making appropriations for the support ofS. 2506--C 7 A. 3006--C 1 the local assistance budget, including support for general support for 2 public schools, divided by the total aid for adjustment computed pursu- 3 ant to chapter fifty-three of the laws of two thousand eleven, making 4 appropriations for the local assistance budget, including support for 5 general support for public schools. Provided, further, that such amount 6 shall be expended to support and maintain allowable programs and activ- 7 ities approved in the two thousand nine--two thousand ten school year or 8 to support new or expanded allowable programs and activities in the 9 current year. 10 § 2. Intentionally omitted. 11 § 3. Intentionally omitted. 12 § 4. Intentionally omitted. 13 § 5. Intentionally omitted. 14 § 6. Intentionally omitted. 15 § 7. Intentionally omitted. 16 § 8. Intentionally omitted. 17 § 9. Subdivision 1 of section 3602 of the education law is amended by 18 adding a new paragraph kk to read as follows: 19 kk. The "federal COVID-19 supplemental stimulus" shall be equal to the 20 sum of (1) ninety percent of the funds from the elementary and secondary 21 school emergency relief fund made available to school districts pursuant 22 to the Coronavirus Response and Relief Supplemental Appropriations Act, 23 2021 in the same proportion as such district's share of funds provided 24 under Title I of the Elementary and Secondary Education Act of 1965 plus 25 (2) the base federal allocation. For eligible districts, the base 26 federal allocation shall be equal to the product of nine hundred fifty- 27 two dollars and fifteen cents ($952.15) and public school district 28 enrollment in the base year as computed pursuant to paragraph n of this 29 subdivision, provided that if the total statewide base federal allo- 30 cation is not equal to four hundred sixty-seven million eight hundred 31 thirteen thousand six hundred sixty-nine dollars ($467,813,669), indi- 32 vidual school district allocations shall be prorated to ensure that the 33 base federal allocation is equal to four hundred sixty-seven million 34 eight hundred thirteen thousand six hundred sixty-nine dollars 35 ($467,813,669), less ninety percent of the funds from the elementary and 36 secondary school emergency relief fund made available to school 37 districts pursuant to the Coronavirus Response and Relief Supplemental 38 Appropriations Act, 2021 in the same proportion as such district's share 39 of funds provided under Title I of the Elementary and Secondary Educa- 40 tion Act of 1965, but not less than zero. Districts shall be eligible 41 for the base federal allocation if their combined wealth ratio for the 42 current year computed pursuant to subparagraph one of paragraph c of 43 subdivision three of this section is less than one and five tenths (1.5) 44 and the district is not a central high school district. 45 § 9-a. On or before July 1, 2021, every local educational agency 46 receiving funding from the elementary and secondary school emergency 47 relief fund allocated by the American rescue plan act of 2021 shall be 48 required to post on its website a plan by school year of how such funds 49 will be expended and how the local educational agency will prioritize 50 spending on non-recurring expenses in the areas of: safely returning 51 students to in-person instruction; maximizing in-person instruction 52 time; operating schools and meeting the needs of students; purchasing 53 educational technology; addressing the impacts of the COVID-19 pandemic 54 on students, including the impacts of interrupted instruction and learn- 55 ing loss and the impacts on low-income students, children with disabili- 56 ties, English language learners, and students experiencing homelessness;S. 2506--C 8 A. 3006--C 1 implementing evidence-based strategies to meet students' social, 2 emotional, mental health, and academic needs; offering evidence-based 3 summer, afterschool, and other extended learning and enrichment 4 programs; and supporting early childhood education. Provided further, 5 that local educational agencies shall identify any programs utilizing 6 such funding that are expected to continue beyond the availability of 7 such federal funds and identify local funds that will be used to main- 8 tain such programs in order to minimize disruption to core academic and 9 other school programs. Before posting such plan, the local educational 10 agency shall seek public comment from parents, teachers and other stake- 11 holders on the plan and take such comments into account in the develop- 12 ment of the plan. 13 § 9-b. Notwithstanding any provision of law to the contrary, each 14 local educational agency receiving an allocation of elementary and 15 secondary school emergency relief funds pursuant to section 2001(d)(1) 16 of the American rescue plan act of 2021 shall reserve one-half (0.5) of 17 the amount so allocated for reimbursement of eligible costs incurred by 18 such local educational agency in the 2021-22 through 2024-25 school 19 years, with the amount of such costs for each such school year to equal 20 one-eighth (0.125) of such allocation, provided that such time schedule 21 shall not apply to eligible costs to be reimbursed from the other one- 22 half (0.5) of such allocation; provided, however, that this requirement 23 shall not apply to local educational agencies whose allocation pursuant 24 to such section is less than five hundred dollars ($500) per pupil, and 25 provided further that, in the event that the director of the budget 26 determines that by March 15, 2022, the federal government has not 27 extended the deadline by which local educational agencies must obligate 28 all of the funds allocated pursuant to such section at least through the 29 end of the 2024-25 school year, the amount of such allocation to be 30 reserved for reimbursement of eligible costs incurred in each of the 31 2022-23 and 2023-24 school years shall equal one thousand eight hundred 32 seventy-five ten-thousandths (0.1875) of such allocation. 33 § 9-c. Notwithstanding any inconsistent provision of law, elementary 34 and secondary school emergency relief funds and the governor's emergency 35 education relief funds pursuant to the Coronavirus response and relief 36 supplemental appropriations act, 2021 and the American rescue plan act 37 of 2021 shall be deemed grants in aid and the state comptroller shall 38 prescribe that any monies received therefrom by school districts shall 39 be recorded and reported as special aid funds of the district. 40 § 10. Intentionally omitted. 41 § 10-a. Paragraph a of subdivision 4 of section 3602 of the education 42 law is amended by adding a new subparagraph 5 to read as follows: 43 (5) For the purposes of this subdivision, "total foundation aid" shall 44 be equal to the product of the total aidable foundation pupil units 45 multiplied by the district's selected foundation aid. 46 § 10-b. Subdivision 4 of section 3602 of the education law is amended 47 by adding a new paragraph i to read as follows: 48 i. Foundation aid payable in the two thousand twenty-one--two thousand 49 twenty-two school year. Notwithstanding any provision of law to the 50 contrary, foundation aid payable in the two thousand twenty-one--two 51 thousand twenty-two school year shall equal the sum of the total founda- 52 tion aid base computed pursuant to subparagraph (ii) of paragraph j of 53 subdivision one of this section plus the greater of the: (i) minimum 54 increase; (ii) phase-in increase; (iii) catch up increase; and (iv) the 55 per pupil allocation. For the purposes of this paragraph:S. 2506--C 9 A. 3006--C 1 (1) The "phase-in increase" shall be equal to the product of the foun- 2 dation aid phase-in factor multiplied by the positive difference, if 3 any, of: (i) total foundation aid pursuant to paragraph a of this subdi- 4 vision; less (ii) the total foundation aid base computed pursuant to 5 paragraph j of subdivision one of this section. 6 (2) The "foundation aid phase-in factor" shall be equal to the greater 7 of: (i) twenty-six hundred twenty-five ten-thousandths (0.2625); (ii) 8 twenty-seven hundred twenty-eight ten-thousandths (0.2728) for districts 9 with a sparsity count computed pursuant to paragraph r of subdivision 10 one of this section greater than zero; (iii) twenty-seven hundredths 11 (0.27) for small city school districts pursuant to paragraph jj of 12 subdivision one of this section; (iv) forty-four hundredths (0.44) for a 13 city school district in a city with a population of more than one 14 hundred twenty-five thousand but less than one hundred fifty thousand as 15 of the two thousand ten federal decennial census; (v) four hundred nine- 16 ty-five thousandths (0.495) for a city school district in a city with a 17 population of more than one hundred fifty thousand but less than two 18 hundred fifty thousand as of the two thousand ten federal decennial 19 census; (vi) forty-four hundredths (0.44) for a city school district in 20 a city with a population of more than two hundred fifty thousand but 21 less than one million as of the two thousand ten federal decennial 22 census; or (vii) four hundred ninety-five thousandths (0.495) for a city 23 school district in a city having a population of one million or more. 24 (3) The "minimum increase" shall be equal to the product of: (i) the 25 greater of two hundredths (0.02) or three hundredths (0.03) for 26 districts with a sparsity count computed pursuant to paragraph r of 27 subdivision one of this section greater than zero; multiplied by (ii) 28 the total foundation aid base computed pursuant to paragraph j of subdi- 29 vision one of this section. 30 (4) The "catch up increase" shall be equal to the positive difference, 31 if any, of: (i) the product of sixty hundredths (0.60) and total founda- 32 tion aid as computed pursuant to paragraph a of this subdivision; less 33 (ii) the total foundation aid base computed pursuant to paragraph j of 34 subdivision one of this section. 35 (5) The "per pupil allocation" shall be equal to the product of: (i) 36 three hundred dollars ($300); multiplied by (ii) the quotient of: (A) 37 the three-year direct certification percentage computed pursuant to 38 subparagraph four of paragraph ii of subdivision one of this section; 39 divided by (B) four hundred seventy-three thousandths (0.473); and 40 further multiplied by (iii) public school district enrollment for the 41 base year as computed pursuant to paragraph n of subdivision one of this 42 section for eligible districts. A district shall be eligible for the per 43 pupil allocation if the combined wealth ratio for total foundation aid 44 computed pursuant to subparagraph two of paragraph c of subdivision 45 three of this section is less than two fifty-three hundredths (2.53). 46 § 10-c. Clause (ii) of subparagraph 2 of paragraph b of subdivision 4 47 of section 3602 of the education law, as amended by section 5-c of part 48 YYY of chapter 59 of the laws of 2019, is amended to read as follows: 49 (ii) Phase-in foundation increase factor. For the two thousand 50 eleven--two thousand twelve school year, the phase-in foundation 51 increase factor shall equal thirty-seven and one-half percent (0.375) 52 and the phase-in due minimum percent shall equal nineteen and forty-one 53 hundredths percent (0.1941), for the two thousand twelve--two thousand 54 thirteen school year the phase-in foundation increase factor shall equal 55 one and seven-tenths percent (0.017), for the two thousand thirteen--two 56 thousand fourteen school year the phase-in foundation increase factorS. 2506--C 10 A. 3006--C 1 shall equal (1) for a city school district in a city having a population 2 of one million or more, five and twenty-three hundredths percent 3 (0.0523) or (2) for all other school districts zero percent, for the two 4 thousand fourteen--two thousand fifteen school year the phase-in founda- 5 tion increase factor shall equal (1) for a city school district of a 6 city having a population of one million or more, four and thirty-two 7 hundredths percent (0.0432) or (2) for a school district other than a 8 city school district having a population of one million or more for 9 which (A) the quotient of the positive difference of the foundation 10 formula aid minus the foundation aid base computed pursuant to paragraph 11 j of subdivision one of this section divided by the foundation formula 12 aid is greater than twenty-two percent (0.22) and (B) a combined wealth 13 ratio less than thirty-five hundredths (0.35), seven percent (0.07) or 14 (3) for all other school districts, four and thirty-one hundredths 15 percent (0.0431), and for the two thousand fifteen--two thousand sixteen 16 school year the phase-in foundation increase factor shall equal: (1) for 17 a city school district of a city having a population of one million or 18 more, thirteen and two hundred seventy-four thousandths percent 19 (0.13274); or (2) for districts where the quotient arrived at when 20 dividing (A) the product of the total aidable foundation pupil units 21 multiplied by the district's selected foundation aid less the total 22 foundation aid base computed pursuant to paragraph j of subdivision one 23 of this section divided by (B) the product of the total aidable founda- 24 tion pupil units multiplied by the district's selected foundation aid is 25 greater than nineteen percent (0.19), and where the district's combined 26 wealth ratio is less than thirty-three hundredths (0.33), seven and 27 seventy-five hundredths percent (0.0775); or (3) for any other district 28 designated as high need pursuant to clause (c) of subparagraph two of 29 paragraph c of subdivision six of this section for the school aid 30 computer listing produced by the commissioner in support of the enacted 31 budget for the two thousand seven--two thousand eight school year and 32 entitled "SA0708", four percent (0.04); or (4) for a city school 33 district in a city having a population of one hundred twenty-five thou- 34 sand or more but less than one million, fourteen percent (0.14); or (5) 35 for school districts that were designated as small city school districts 36 or central school districts whose boundaries include a portion of a 37 small city for the school aid computer listing produced by the commis- 38 sioner in support of the enacted budget for the two thousand fourteen-- 39 two thousand fifteen school year and entitled "SA1415", four and seven 40 hundred fifty-one thousandths percent (0.04751); or (6) for all other 41 districts one percent (0.01), and for the two thousand sixteen--two 42 thousand seventeen school year the foundation aid phase-in increase 43 factor shall equal for an eligible school district the greater of: (1) 44 for a city school district in a city with a population of one million or 45 more, seven and seven hundred eighty four thousandths percent (0.07784); 46 or (2) for a city school district in a city with a population of more 47 than two hundred fifty thousand but less than one million as of the most 48 recent federal decennial census, seven and three hundredths percent 49 (0.0703); or (3) for a city school district in a city with a population 50 of more than two hundred thousand but less than two hundred fifty thou- 51 sand as of the most recent federal decennial census, six and seventy-two 52 hundredths percent (0.0672); or (4) for a city school district in a city 53 with a population of more than one hundred fifty thousand but less than 54 two hundred thousand as of the most recent federal decennial census, six 55 and seventy-four hundredths percent (0.0674); or (5) for a city school 56 district in a city with a population of more than one hundred twenty-S. 2506--C 11 A. 3006--C 1 five thousand but less than one hundred fifty thousand as of the most 2 recent federal decennial census, nine and fifty-five hundredths percent 3 (0.0955); or (6) for school districts that were designated as small city 4 school districts or central school districts whose boundaries include a 5 portion of a small city for the school aid computer listing produced by 6 the commissioner in support of the enacted budget for the two thousand 7 fourteen--two thousand fifteen school year and entitled "SA141-5" with a 8 combined wealth ratio less than one and four tenths (1.4), nine percent 9 (0.09), provided, however, that for such districts that are also 10 districts designated as high need urban-suburban pursuant to clause (c) 11 of subparagraph two of paragraph c of subdivision six of this section 12 for the school aid computer listing produced by the commissioner in 13 support of the enacted budget for the two thousand seven--two thousand 14 eight school year and entitled "SA0708", nine and seven hundred and 15 nineteen thousandths percent (0.09719); or (7) for school districts 16 designated as high need rural pursuant to clause (c) of subparagraph two 17 of paragraph c of subdivision six of this section for the school aid 18 computer listing produced by the commissioner in support of the enacted 19 budget for the two thousand seven--two thousand eight school year and 20 entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for 21 school districts designated as high need urban-suburban pursuant to 22 clause (c) of subparagraph two of paragraph c of subdivision six of this 23 section for the school aid computer listing produced by the commissioner 24 in support of the enacted budget for the two thousand seven--two thou- 25 sand eight school year and entitled "SA0708", seven hundred nineteen 26 thousandths percent (0.00719); or (9) for all other eligible school 27 districts, forty-seven hundredths percent (0.0047), provided further 28 that for the two thousand seventeen--two thousand eighteen school year 29 the foundation aid increase phase-in factor shall equal (1) for school 30 districts with a census 2000 poverty rate computed pursuant to paragraph 31 q of subdivision one of this section equal to or greater than twenty-six 32 percent (0.26), ten and three-tenths percent (0.103), or (2) for a 33 school district in a city with a population in excess of one million or 34 more, seventeen and seventy-seven one-hundredths percent (0.1777), or 35 (3) for a city school district in a city with a population of more than 36 two hundred fifty thousand but less than one million, as of the most 37 recent decennial census, twelve and sixty-nine hundredths percent 38 (0.1269) or (4) for a city school district in a city with a population 39 of more than one hundred fifty thousand but less than two hundred thou- 40 sand, as of the most recent federal decennial census, ten and seventy- 41 eight one hundredths percent (0.1078), or (5) for a city school district 42 in a city with a population of more than one hundred twenty-five thou- 43 sand but less than one hundred fifty thousand as of the most recent 44 federal decennial census, nineteen and one hundred eight one-thousandths 45 percent (0.19108), or (6) for a city school district in a city with a 46 population of more than two hundred thousand but less than two hundred 47 fifty thousand as of the most recent federal decennial census, ten and 48 six-tenths percent (0.106), or (7) for all other districts, four and 49 eighty-seven one-hundredths percent (0.0487), and for the two thousand 50 [twenty] twenty-two--two thousand [twenty-one school year and thereafter51the commissioner shall annually determine the phase-in foundation52increase factor subject to allocation pursuant to the provisions of53subdivision eighteen of this section and any provisions of a chapter of54the laws of New York as described therein] twenty-three school year the 55 foundation aid phase-in increase factor shall be fifty percent (0.5), 56 and for the two thousand twenty-three--two thousand twenty-four schoolS. 2506--C 12 A. 3006--C 1 year and thereafter the foundation aid phase-in increase factor shall be 2 one hundred percent (1.0). 3 § 10-d. For the 2021-22, 2022-23 and 2023-24 school years, each school 4 district receiving a foundation aid increase of more than: (i) ten 5 percent; or (ii) ten million dollars in a school year shall, on or 6 before July 1 of each school year, post to the district's website a plan 7 by school year of how such funds will be used to address student 8 performance and need, including but not limited to: (i) increasing grad- 9 uation rates and eliminating the achievement gap; (ii) reducing class 10 sizes; (iii) providing supports for students who are not meeting, or at 11 risk of not meeting, state learning standards in core academic subject 12 areas; (iv) addressing student social-emotional health; and (v) provid- 13 ing adequate resources to English language learners, students with disa- 14 bilities; and students experiencing homelessness. Prior to posting such 15 plan, each school district shall seek public comment from parents, 16 teachers and other stakeholders on the plan and take such comments into 17 account in the development of the plan. 18 § 11. Intentionally omitted. 19 § 11-a. Subdivision 1 of section 3602 of the education law is amended 20 by adding two new paragraphs ll and mm to read as follows: 21 ll. (1) "Economically disadvantaged count" shall be equal to the undu- 22 plicated count of all children registered to receive educational 23 services in grades kindergarten through twelve, including children in 24 ungraded programs who participate in, or whose family participates in, 25 economic assistance programs, such as the free or reduced-price lunch 26 programs, Social Security Insurance, Supplemental Nutrition Assistance 27 Program, Foster Care, Refugee Assistance (cash or medical assistance), 28 Earned Income Tax Credit (EITC), Home Energy Assistance Program (HEAP), 29 Safety Net Assistance (SNA), Bureau of Indian Affairs (BIA), or Tempo- 30 rary Assistance for Needy Families (TANF). 31 (2) "Economically disadvantaged rate" shall mean the quotient arrived 32 at when dividing the economically disadvantaged count by public enroll- 33 ment as computed pursuant to subparagraph one of paragraph n of this 34 subdivision. 35 (3) "Three-year average economically disadvantaged rate" shall equal 36 the quotient of: (i) the sum of the economically disadvantaged count for 37 the school year prior to the base year, plus such number for the school 38 year two years prior to the base year, plus such number for the school 39 year three years prior to the base year; divided by (ii) the sum of 40 enrollment as computed pursuant to subparagraph one of paragraph n of 41 subdivision one of this section for the school year prior to the base 42 year, plus such number for the school year two years prior to the base 43 year, plus such number for the school year three years prior to the base 44 year, computed to four decimals without rounding. 45 mm. "Three-year average small area income and poverty estimate rate" 46 shall equal the quotient of: (i) the sum of the number of persons aged 47 five to seventeen within the school district, based on the small area 48 income and poverty estimates produced by the United States census 49 bureau, whose families had incomes below the poverty level for the 50 calendar year prior to the year in which the base year began, plus such 51 number for the calendar year two years prior to the year in which the 52 base year began, plus such number for the calendar year three years 53 prior to the year in which the base year began; divided by (ii) the sum 54 of the total number of persons aged five to seventeen within the school 55 district, based on such census bureau estimates, for the year prior to 56 the year in which the base year began, plus such total number for theS. 2506--C 13 A. 3006--C 1 year two years prior to the year in which the base year began, plus such 2 total number for the year three years prior to the year in which the 3 base year began, computed to four decimals without rounding. 4 § 11-b. Section 3641 of the education law is amended by adding a new 5 subdivision 17 to read as follows: 6 17. Learning loss grants. a. For the two thousand twenty-one--two 7 thousand twenty-two school year, eligible school districts shall receive 8 grants in aid equal to the positive difference, if any, of the base ARPA 9 allocation less ninety percent of the funds from the elementary and 10 secondary school emergency relief fund made available to school 11 districts pursuant to the American rescue plan act of 2021, (P.L. 12 117-2), but not less than seven hundred thousand dollars ($700,000), and 13 not more than ten million dollars ($10,000,000) or ten percent (0.1) of 14 the total expenditures from the district's general fund for the two 15 thousand twenty--two thousand twenty-one school year, whichever is less. 16 School districts where the base ARPA allocation is less than or equal to 17 ninety percent of the funds from the elementary and secondary school 18 emergency relief fund made available to school districts pursuant to the 19 American rescue plan act of 2021, shall not be eligible for these 20 grants. Such grant funds shall remain available for obligation by such 21 school districts until the deadline therefor prescribed in federal law. 22 b. The "base ARPA allocation" shall be equal to the product of the 23 adjusted per pupil amount multiplied by public school district enroll- 24 ment for the base year as computed pursuant to paragraph n of subdivi- 25 sion one of section thirty-six hundred two of this article. The 26 "adjusted per pupil amount" shall be equal to the product of: (1) four 27 thousand five hundred fifty dollars and twenty-six cents ($4,550.26); 28 multiplied by (2) the regional cost index calculated in two thousand 29 eighteen, reflecting an analysis of labor market costs based on median 30 salaries in professional occupations that require similar credentials to 31 those of positions in the education field, but not including those occu- 32 pations in the education field; multiplied by (3) the modified EN index; 33 and multiplied by (4) the learning loss wealth factor. 34 (1) For purposes of this paragraph, the "learning loss wealth factor" 35 shall be equal to the positive difference, if any, of seventy-five 36 hundredths (0.75) less half of the combined wealth ratio computed pursu- 37 ant to subparagraph one of paragraph c of subdivision three of section 38 thirty-six hundred two of this article. 39 (2) For purposes of this paragraph, the "modified EN index" shall be 40 equal to the modified EN percent divided by the statewide average modi- 41 fied EN percent, provided that for the two thousand twenty-one--two 42 thousand twenty-two school year, the statewide average modified EN 43 percent shall be equal to five thousand five hundred sixty-five ten- 44 thousandths (0.5565). 45 (3) For purposes of this paragraph, the "modified EN percent" shall be 46 equal to the modified EN count divided by public school district enroll- 47 ment for the base year computed pursuant to paragraph n of subdivision 48 one of section thirty-six hundred two of this article. 49 (4) For purposes of this paragraph, the "modified EN count" shall 50 equal the sum of (A) the product of fifty percent (0.5) multiplied by 51 the English language learner count computed pursuant to paragraph o of 52 subdivision one of section thirty-six hundred two of this article, plus 53 (B) the sparsity count computed pursuant to paragraph r of subdivision 54 one of section thirty-six hundred two of this article, plus (C) the 55 product of sixty-five hundredths (0.65) multiplied by the three-year 56 average small area income and poverty estimate rate computed pursuant toS. 2506--C 14 A. 3006--C 1 paragraph mm of subdivision one of section thirty-six hundred two of 2 this article and multiplied further by public school district enrollment 3 for the base year as computed pursuant to paragraph n of subdivision one 4 of section thirty-six hundred two of this article, plus (D) the product 5 of sixty-five hundredths (0.65) multiplied by the three-year average 6 economically disadvantaged rate defined pursuant to paragraph ll of 7 subdivision one of section thirty-six hundred two of this article and 8 multiplied further by public school district enrollment for the base 9 year as computed pursuant to paragraph n of subdivision one of section 10 thirty-six hundred two of this article. 11 c. Districts receiving learning loss grants shall use: (1) fourteen 12 and two hundred eighty-six thousandths percent (0.14286) of such grants 13 for implementation of evidence-based summer enrichment programs; (2) 14 fourteen and two hundred eighty-six thousandths percent (0.14286) for 15 implementation of evidence-based comprehensive afterschool programs; and 16 (3) the remaining funds for activities to address learning loss by 17 supporting the implementation of evidence-based interventions, such as 18 summer learning or summer enrichment, extended day, comprehensive after- 19 school programs, or extended school year programs. School districts 20 shall ensure that such interventions respond to students' academic, 21 social, and emotional needs and address the disproportionate impact of 22 the coronavirus on low-income students, children with disabilities, 23 English learners, migrant students, students experiencing homelessness, 24 and children in foster care. 25 § 12. Intentionally omitted. 26 § 12-a. Intentionally omitted. 27 § 12-b. The closing paragraph of subdivision 5-a of section 3602 of 28 the education law, as amended by section 14-c of part A of chapter 56 of 29 the laws of 2020, is amended to read as follows: 30 For the two thousand eight--two thousand nine school year, each school 31 district shall be entitled to an apportionment equal to the product of 32 fifteen percent and the additional apportionment computed pursuant to 33 this subdivision for the two thousand seven--two thousand eight school 34 year. For the two thousand nine--two thousand ten through two thousand 35 [twenty] twenty-one--two thousand [twenty-one] twenty-two school years, 36 each school district shall be entitled to an apportionment equal to the 37 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS 38 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid 39 computer listing produced by the commissioner in support of the budget 40 for the two thousand nine--two thousand ten school year and entitled 41 "SA0910". 42 § 13. Intentionally omitted. 43 § 13-a. Subdivision 12 of section 3602 of the education law, as 44 amended by section 14-d of part A of chapter 56 of the laws of 2020, is 45 amended to read as follows: 46 12. Academic enhancement aid. A school district that as of April first 47 of the base year has been continuously identified as a district in need 48 of improvement for at least five years shall, for the two thousand 49 eight--two thousand nine school year, be entitled to an additional 50 apportionment equal to the positive remainder, if any, of (a) the lesser 51 of fifteen million dollars or the product of the total foundation aid 52 base, as defined by paragraph j of subdivision one of this section, 53 multiplied by ten percent (0.10), less (b) the positive remainder of (i) 54 the sum of the total foundation aid apportioned pursuant to subdivision 55 four of this section and the supplemental educational improvement grantsS. 2506--C 15 A. 3006--C 1 apportioned pursuant to subdivision eight of section thirty-six hundred 2 forty-one of this article, less (ii) the total foundation aid base. 3 For the two thousand nine--two thousand ten through two thousand four- 4 teen--two thousand fifteen school years, each school district shall be 5 entitled to an apportionment equal to the amount set forth for such 6 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading 7 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by 8 the commissioner in support of the budget for the two thousand nine--two 9 thousand ten school year and entitled "SA0910", and such apportionment 10 shall be deemed to satisfy the state obligation to provide an apportion- 11 ment pursuant to subdivision eight of section thirty-six hundred forty- 12 one of this article. 13 For the two thousand fifteen--two thousand sixteen year, each school 14 district shall be entitled to an apportionment equal to the amount set 15 forth for such school district as "ACADEMIC ENHANCEMENT" under the head- 16 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced 17 by the commissioner in support of the budget for the two thousand four- 18 teen--two thousand fifteen school year and entitled "SA141-5", and such 19 apportionment shall be deemed to satisfy the state obligation to provide 20 an apportionment pursuant to subdivision eight of section thirty-six 21 hundred forty-one of this article. 22 For the two thousand sixteen--two thousand seventeen school year, each 23 school district shall be entitled to an apportionment equal to the 24 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 25 under the heading "2015-16 ESTIMATED AIDS" in the school aid computer 26 listing produced by the commissioner in support of the budget for the 27 two thousand fifteen--two thousand sixteen school year and entitled 28 "SA151-6", and such apportionment shall be deemed to satisfy the state 29 obligation to provide an apportionment pursuant to subdivision eight of 30 section thirty-six hundred forty-one of this article. 31 For the two thousand seventeen--two thousand eighteen school year, 32 each school district shall be entitled to an apportionment equal to the 33 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 34 under the heading "2016-17 ESTIMATED AIDS" in the school aid computer 35 listing produced by the commissioner in support of the budget for the 36 two thousand sixteen--two thousand seventeen school year and entitled 37 "SA161-7", and such apportionment shall be deemed to satisfy the state 38 obligation to provide an apportionment pursuant to subdivision eight of 39 section thirty-six hundred forty-one of this article. 40 For the two thousand eighteen--two thousand nineteen school year, each 41 school district shall be entitled to an apportionment equal to the 42 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 43 under the heading "2017-18 ESTIMATED AIDS" in the school aid computer 44 listing produced by the commissioner in support of the budget for the 45 two thousand seventeen--two thousand eighteen school year and entitled 46 "SA171-8", and such apportionment shall be deemed to satisfy the state 47 obligation to provide an apportionment pursuant to subdivision eight of 48 section thirty-six hundred forty-one of this article. 49 For the two thousand nineteen--two thousand twenty school year, each 50 school district shall be entitled to an apportionment equal to the 51 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 52 under the heading "2018-19 ESTIMATED AIDS" in the school aid computer 53 listing produced by the commissioner in support of the budget for the 54 two thousand eighteen--two thousand nineteen school year and entitled 55 "SA181-9", and such apportionment shall be deemed to satisfy the stateS. 2506--C 16 A. 3006--C 1 obligation to provide an apportionment pursuant to subdivision eight of 2 section thirty-six hundred forty-one of this article. 3 For the two thousand twenty--two thousand twenty-one school year, each 4 school district shall be entitled to an apportionment equal to the 5 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 6 under the heading "2019-20 ESTIMATED AIDS" in the school aid computer 7 listing produced by the commissioner in support of the budget for the 8 two thousand nineteen--two thousand twenty school year and entitled 9 "SA192-0", and such apportionment shall be deemed to satisfy the state 10 obligation to provide an apportionment pursuant to subdivision eight of 11 section thirty-six hundred forty-one of this article. For the two thou- 12 sand twenty-one--two thousand twenty-two school year, each school 13 district shall be entitled to an apportionment equal to the amount set 14 forth for such school district as "ACADEMIC ENHANCEMENT" under the head- 15 ing "2020-21 ESTIMATED AIDS" in the school aid computer listing produced 16 by the commissioner in support of the budget for the two thousand twen- 17 ty--two thousand twenty-one school year and entitled "SA202-1", and such 18 apportionment shall be deemed to satisfy the state obligation to provide 19 an apportionment pursuant to subdivision eight of section thirty-six 20 hundred forty-one of this article. 21 § 14. Intentionally omitted. 22 § 14-a. The opening paragraph of subdivision 16 of section 3602 of the 23 education law, as amended by section 14-e of part A of chapter 56 of the 24 laws of 2020, is amended to read as follows: 25 Each school district shall be eligible to receive a high tax aid 26 apportionment in the two thousand eight--two thousand nine school year, 27 which shall equal the greater of (i) the sum of the tier 1 high tax aid 28 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 29 tax aid apportionment or (ii) the product of the apportionment received 30 by the school district pursuant to this subdivision in the two thousand 31 seven--two thousand eight school year, multiplied by the due-minimum 32 factor, which shall equal, for districts with an alternate pupil wealth 33 ratio computed pursuant to paragraph b of subdivision three of this 34 section that is less than two, seventy percent (0.70), and for all other 35 districts, fifty percent (0.50). Each school district shall be eligible 36 to receive a high tax aid apportionment in the two thousand nine--two 37 thousand ten through two thousand twelve--two thousand thirteen school 38 years in the amount set forth for such school district as "HIGH TAX AID" 39 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 40 listing produced by the commissioner in support of the budget for the 41 two thousand nine--two thousand ten school year and entitled "SA0910". 42 Each school district shall be eligible to receive a high tax aid appor- 43 tionment in the two thousand thirteen--two thousand fourteen through two 44 thousand [twenty] twenty-one--two thousand [twenty-one] twenty-two 45 school years equal to the greater of (1) the amount set forth for such 46 school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR 47 AIDS" in the school aid computer listing produced by the commissioner in 48 support of the budget for the two thousand nine--two thousand ten school 49 year and entitled "SA0910" or (2) the amount set forth for such school 50 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 51 the school aid computer listing produced by the commissioner in support 52 of the executive budget for the 2013-14 fiscal year and entitled 53 "BT131-4". 54 § 15. Intentionally omitted. 55 § 16. Intentionally omitted. 56 § 16-a. Intentionally omitted.S. 2506--C 17 A. 3006--C 1 § 17. Subdivision 19 of section 3602 of the education law is amended 2 by adding a new paragraph c to read as follows: 3 c. The positive value of the pandemic adjustment payment reduction 4 shall not exceed the sum of moneys apportioned pursuant to sections 5 seven hundred one, seven hundred eleven, seven hundred fifty-one, seven 6 hundred fifty-three, thirty-six hundred nine-a, thirty-six hundred 7 nine-b, thirty-six hundred nine-d, thirty-six hundred nine-f, and thir- 8 ty-six hundred nine-h for the two thousand twenty--two thousand twenty- 9 one school year for any school district. 10 § 18. Intentionally omitted. 11 § 19. Intentionally omitted. 12 § 20. Subdivisions 6 and 7 of section 3622-a of the education law, 13 subdivision 6 as amended by section 47 of part A of chapter 58 of the 14 laws of 2011 and subdivision 7 as added by chapter 422 of the laws of 15 2004, are amended and two new subdivisions 8 and 9 are added to read as 16 follows: 17 6. Transportation of pupils to and from approved summer school 18 programs operated by a school district in the two thousand--two thousand 19 one school year and thereafter, provided, however, that if the total 20 statewide apportionment attributable to allowable transportation 21 expenses incurred pursuant to this subdivision exceeds five million 22 dollars ($5,000,000), individual school district allocations shall be 23 prorated to ensure that the apportionment for such summer transportation 24 does not exceed five million dollars ($5,000,000), provided that such 25 prorated apportionment computed and payable as of September one of the 26 school year immediately following the school year for which such aid is 27 claimed shall be deemed final and not subject to change; [and] 28 7. Transportation provided pursuant to section thirty-six hundred 29 thirty-five-b of this article[.]; 30 8. Notwithstanding any inconsistent provision of law, transportation 31 provided in the two thousand nineteen--two thousand twenty school year 32 during the state disaster emergency declared pursuant to executive order 33 202 of 2020, provided that transportation was provided during the time 34 period of school building closures ordered pursuant to executive order 35 202 of 2020. Such aidable transportation shall include transportation of 36 meals, educational materials and supplies to students, and transporta- 37 tion to provide students with internet access; and 38 9. Notwithstanding any inconsistent provision of law, expenditures 39 made for transportation during the period between the issuance of execu- 40 tive order 202.4 on March sixteenth, two thousand twenty and the issu- 41 ance of executive order 202.28 on May seventh, two thousand twenty, 42 without regard to whether such transportation was provided. 43 § 21. Intentionally omitted. 44 § 22. Section 3623-a of the education law is amended by adding a new 45 subdivision 4 to read as follows: 46 4. Notwithstanding the provisions of this section or any other 47 provision of law to the contrary, for the computation of transportation 48 aid pursuant to the requirements of subdivision seven of section thir- 49 ty-six hundred two of this article, allowable transportation expenses 50 shall also include transportation operating expenses described in subdi- 51 vision one of this section and transportation capital, debt service and 52 lease expenses described in subdivision two of this section incurred in 53 the two thousand nineteen--two thousand twenty school year: (i) during 54 the state disaster emergency declared pursuant to executive order 202 of 55 2020 in the case of expenses pursuant to subdivision eight of section 56 thirty-six hundred twenty-two-a of this part; and (ii) during the periodS. 2506--C 18 A. 3006--C 1 between the issuance of executive order 202.4 on March sixteenth, two 2 thousand twenty and the issuance of executive order 202.28 on May 3 seventh, two thousand twenty in the case of expenses pursuant to subdi- 4 vision nine of section thirty-six hundred twenty-two-a of this part. 5 Such expenses shall be allowable transportation expenses even where 6 aidable regular transportation as defined in section thirty-six hundred 7 twenty-two-a of this part of transportation after four pm pursuant to 8 section thirty-six hundred twenty-seven of this part was not provided. 9 § 22-a. Subdivision 8 of section 4410 of the education law, as amended 10 by chapter 474 of the laws of 1996, is amended to read as follows: 11 8. Transportation. The municipality in which a preschool child resides 12 shall, beginning with the first day of service, provide either directly 13 or by contract for suitable transportation, as determined by the board, 14 to and from special services or programs; provided, however, that if the 15 municipality is a city with a population of one million or more persons 16 the municipality may delegate the authority to provide such transporta- 17 tion to the board; and provided further, that prior to providing such 18 transportation directly or contracting with another entity to provide 19 such transportation, such municipality or board shall request and 20 encourage the parents to transport their children at public expense, 21 where cost-effective, at a rate per mile or a public service fare estab- 22 lished by the municipality and approved by the commissioner. Except as 23 otherwise provided in this section, the parents' inability or declina- 24 tion to transport their child shall in no way [effect] affect the 25 municipality's or board's responsibility to provide recommended 26 services. Such transportation shall be provided once daily from the 27 child care location to the special service or program and once daily 28 from the special service or program to the child care location up to 29 fifty miles from the child care location. If the board determines that a 30 child must receive special services and programs at a location greater 31 than fifty miles from the child care location, it shall request approval 32 of the commissioner. For the purposes of this subdivision, the term 33 "child care location" shall mean a child's home or a place where care 34 for less than twenty-four hours a day is provided on a regular basis and 35 includes, but is not limited to, a variety of child care services such 36 as day care centers, family day care homes and in-home care by persons 37 other than parents. All transportation of such children shall be 38 provided pursuant to the procedures set forth in section two hundred 39 thirty-six of the family court act using the date called for in the 40 written notice of determination of the board or the date of the written 41 notice of determination of the board, whichever comes later, in lieu of 42 the date the court order was issued. Notwithstanding this subdivision 43 or any provision of law to the contrary, transportation expenses 44 incurred by a municipality for operating and maintenance costs pursuant 45 to this subdivision during the period between the issuance of executive 46 order 202.4 on March sixteenth, two thousand twenty and the issuance of 47 executive order 202.28 on May seventh, two thousand twenty shall be 48 reimbursable and considered approved costs in accordance with the 49 provisions of this section and the regulations of the commissioner. 50 § 22-b. Notwithstanding any other provision of law, rule or regulation 51 to the contrary, a child who resides within a county, in a city school 52 district located in a city having a population of one million or more, 53 that has a population of less than one million and who resides in an 54 area containing at least three hundred children within a one and one- 55 half mile radius shall be provided transportation pursuant to section 56 3627 of the education law without regard to like circumstances.S. 2506--C 19 A. 3006--C 1 § 23. Subdivision 16 of section 3602-ee of the education law, as 2 amended by section 22 of part A of chapter 56 of the laws of 2020, is 3 amended to read as follows: 4 16. The authority of the department to administer the universal full- 5 day pre-kindergarten program shall expire June thirtieth, two thousand 6 [twenty-one] twenty-two; provided that the program shall continue and 7 remain in full effect. 8 § 23-a. Subdivision 4 of section 51 of part B of chapter 57 of the 9 laws of 2008 amending the education law relating to the universal prek- 10 indergarten program, as amended by section 22-a of part A of chapter 56 11 of the laws of 2020, is amended to read as follows: 12 4. section twenty-three of this act shall take effect July 1, 2008 and 13 shall expire and be deemed repealed June 30, [2021] 2022; 14 § 23-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section 15 3602-ee of the education law, as amended by section 22-b of part A of 16 chapter 56 of the laws of 2020, is amended to read as follows: 17 (ii) Provided that, notwithstanding any provisions of this paragraph 18 to the contrary, for the two thousand seventeen-two thousand eighteen 19 through the two thousand [twenty] twenty-one--two thousand [twenty-one] 20 twenty-two school years an exemption to the certification requirement of 21 subparagraph (i) of this paragraph may be made for a teacher without 22 certification valid for service in the early childhood grades who 23 possesses a written plan to obtain certification and who has registered 24 in the ASPIRE workforce registry as required under regulations of the 25 commissioner of the office of children and family services. Notwith- 26 standing any exemption provided by this subparagraph, certification 27 shall be required for employment no later than June thirtieth, two thou- 28 sand [twenty-one] twenty-two; provided that for the two thousand [twen-29ty]twenty-one--two thousand [twenty-one] twenty-two school year, school 30 districts with teachers seeking an exemption to the certification 31 requirement of subparagraph (i) of this paragraph shall submit a report 32 to the commissioner regarding (A) the barriers to certification, if any, 33 (B) the number of uncertified teachers registered in the ASPIRE work- 34 force registry teaching pre-kindergarten in the district, including 35 those employed by a community-based organization, (C) the number of 36 previously uncertified teachers who have completed certification as 37 required by this subdivision, and (D) the expected certification 38 completion date of such teachers. 39 § 23-c. Subdivision 10 of section 3602-e of the education law, as 40 amended by section 10-a of part YYY of chapter 59 of the laws of 2019, 41 is amended to read as follows: 42 10. Universal prekindergarten aid. Notwithstanding any provision of 43 law to the contrary, 44 (i) for aid payable in the two thousand eight--two thousand nine 45 school year, the grant to each eligible school district for universal 46 prekindergarten aid shall be computed pursuant to this subdivision, and 47 (ii) for the two thousand nine--two thousand ten and two thousand 48 ten--two thousand eleven school years, each school district shall be 49 eligible for a maximum grant equal to the amount computed for such 50 school district for the base year in the electronic data file produced 51 by the commissioner in support of the two thousand nine--two thousand 52 ten education, labor and family assistance budget, provided, however, 53 that in the case of a district implementing programs for the first time 54 or implementing expansion programs in the two thousand eight--two thou- 55 sand nine school year where such programs operate for a minimum of nine- 56 ty days in any one school year as provided in section 151-1.4 of theS. 2506--C 20 A. 3006--C 1 regulations of the commissioner, for the two thousand nine--two thousand 2 ten and two thousand ten--two thousand eleven school years, such school 3 district shall be eligible for a maximum grant equal to the amount 4 computed pursuant to paragraph a of subdivision nine of this section in 5 the two thousand eight--two thousand nine school year, and 6 (iii) for the two thousand eleven--two thousand twelve school year 7 each school district shall be eligible for a maximum grant equal to the 8 amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" 9 under the heading "2011-12 ESTIMATED AIDS" in the school aid computer 10 listing produced by the commissioner in support of the enacted budget 11 for the 2011-12 school year and entitled "SA111-2", and 12 (iv) for two thousand twelve--two thousand thirteen through two thou- 13 sand sixteen--two thousand seventeen school years each school district 14 shall be eligible for a maximum grant equal to the greater of (A) the 15 amount set forth for such school district as "UNIVERSAL PREKINDERGARTEN" 16 under the heading "2010-11 BASE YEAR AIDS" in the school aid computer 17 listing produced by the commissioner in support of the enacted budget 18 for the 2011-12 school year and entitled "SA111-2", or (B) the amount 19 set forth for such school district as "UNIVERSAL PREKINDERGARTEN" under 20 the heading "2010-11 BASE YEAR AIDS" in the school aid computer listing 21 produced by the commissioner on May fifteenth, two thousand eleven 22 pursuant to paragraph b of subdivision twenty-one of section three 23 hundred five of this chapter, and 24 (v) for the two thousand seventeen--two thousand eighteen and two 25 thousand eighteen--two thousand nineteen school years, each school 26 district shall be eligible to receive a grant amount equal to the sum of 27 (A) the amount set forth for such school district as "UNIVERSAL PREKIN- 28 DERGARTEN" under the heading "2016-17 ESTIMATED AIDS" in the school aid 29 computer listing produced by the commissioner in support of the enacted 30 budget for the two thousand sixteen--two thousand seventeen school year 31 and entitled "SA161-7" plus (B) the amount awarded to such school 32 district for the priority full-day prekindergarten and expanded half-day 33 prekindergarten grant program for high need students for the two thou- 34 sand sixteen--two thousand seventeen school year pursuant to chapter 35 fifty-three of the laws of two thousand thirteen, provided that for 36 purposes of calculating the maintenance of effort reduction in subdivi- 37 sion eleven of this section grant amounts shall be the four-year-old 38 grant amount, and 39 (vi) for the two thousand nineteen--two thousand twenty school year, 40 each school district shall be eligible to receive a grant amount equal 41 to the sum of (A) the amount set forth for such school district as 42 "UNIVERSAL PREKINDERGARTEN" in the school aid computer listing produced 43 by the commissioner in support of the enacted budget for the two thou- 44 sand eighteen--two thousand nineteen school year plus (B) the amount 45 awarded to such school district for the federal preschool development 46 expansion grant for the two thousand seventeen--two thousand eighteen 47 school year pursuant to the American Recovery and Reinvestment Act of 48 2009 (ARRA), Sections 14005, 14006, and 14013, Title XIV, (Public Law 49 112-10), as amended by section 1832(b) of Division B of the Department 50 of Defense and Full-Year Continuing Appropriations Act, 2011 (Pub. L. 51 112-10), and the Department of Education Appropriations Act, 2012 (Title 52 III Division F of Pub. L. 112-74, the Consolidated Appropriations Act, 53 2012) plus (C) the amount awarded to such school district for the 54 expanded prekindergarten program for three and four year-olds for the 55 two thousand eighteen--two thousand nineteen school year pursuant to 56 chapter sixty-one of the laws of two thousand fifteen plus (D) theS. 2506--C 21 A. 3006--C 1 amount awarded to such school district for the expanded prekindergarten 2 for three-year-olds in high need districts program for the two thousand 3 eighteen--two thousand nineteen school year pursuant to chapter fifty- 4 three of the laws of two thousand sixteen plus (E) the amount awarded to 5 such school district for the expanded prekindergarten program for three- 6 and four-year-olds for the two thousand eighteen--two thousand nineteen 7 school year pursuant to a chapter of the laws of two thousand seventeen 8 plus (F) the amount awarded to such school district, subject to an 9 available appropriation, through the pre-kindergarten expansion grant 10 for the two thousand eighteen--two thousand nineteen school year, 11 provided that such school district has met all requirements pursuant to 12 this section and for purposes of calculating the maintenance of effort 13 reduction in subdivision eleven of this section that such grant amounts 14 shall be divided into a four-year-old grant amount based on the amount 15 each district was eligible to receive in the base year to serve four- 16 year-old prekindergarten pupils and a three-year-old grant amount based 17 on the amount each district was eligible to receive in the base year to 18 serve three-year-old pupils, and 19 (vii) for the two thousand twenty--two thousand twenty-one school year 20 [and thereafter], each school district shall be eligible to receive a 21 grant amount equal to [the sum of (A)] the amount set forth for such 22 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- 23 er file produced by the commissioner in support of the enacted budget 24 for the prior year [plus (B) the amount awarded to such school district,25subject to an available appropriation, through the pre-kindergarten26expansion grant for the prior year, provided that such school district27has met all requirements pursuant to this section and for purposes of28calculating the maintenance of effort reduction in subdivision eleven of29this section that such grant amounts shall be divided into a four-year-30old grant amount based on the amount each district was eligible to31receive in the base year to serve four-year-old prekindergarten pupils32and a three-year-old grant amount based on the amount each district was33eligible to receive in the base year to serve three-year-old pupils] 34 excluding amounts subject to section thirty-six hundred two-ee of this 35 part, and provided further that the maximum grant shall not exceed the 36 total actual grant expenditures incurred by the school district in the 37 current school year as approved by the commissioner, and 38 (viii) for the two thousand twenty-one--two thousand twenty-two school 39 year and thereafter, each school district shall be eligible to receive a 40 grant amount equal to the sum of (A) the amount set forth for such 41 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput- 42 er file produced by the commissioner in support of the enacted budget 43 for the prior year excluding amounts subject to section thirty-six 44 hundred two-ee of this part and further excluding amounts paid pursuant 45 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old 46 Universal Prekindergarten Expansion added pursuant to paragraph e of 47 subdivision nineteen of this section, provided that such school district 48 has met all requirements pursuant to this section and such grants shall 49 be added into a four-year-old grant amount based on the amount each 50 district was eligible to receive in the base year to serve four-year-old 51 prekindergarten pupils, plus (C) the amount awarded to such school 52 district, subject to an available appropriation, through the prekinder- 53 garten expansion grant for the prior year, provided that such school 54 district has met all requirements pursuant to this section and for 55 purposes of calculating the maintenance of effort reduction in subdivi- 56 sion eleven of this section that such grant amounts shall be dividedS. 2506--C 22 A. 3006--C 1 into a four-year-old grant amount based on the amount each district was 2 eligible to receive in the base year to serve four-year-old prekinder- 3 garten pupils and a three-year-old grant amount based on the amount each 4 district was eligible to receive in the base year to serve three-year- 5 old pupils, and provided further that the maximum grant shall not exceed 6 the total actual grant expenditures incurred by the school district in 7 the current school year as approved by the commissioner. 8 a. Each school district shall be eligible to serve the sum of (i) 9 eligible full-day four-year-old prekindergarten pupils plus (ii) eligi- 10 ble half-day four-year-old prekindergarten pupils plus (iii) eligible 11 full-day three-year-old prekindergarten pupils plus (iv) eligible half- 12 day three-year-old prekindergarten pupils. 13 b. For purposes of paragraph a of this subdivision: 14 (i) "Selected aid per prekindergarten pupil" shall equal the greater 15 of (A) the product of five-tenths and the school district's selected 16 foundation aid for the current year, or (B) the aid per prekindergarten 17 pupil calculated pursuant to this subdivision for the two thousand six- 18 two thousand seven school year, based on data on file for the school aid 19 computer listing produced by the commissioner in support of the enacted 20 budget for the two thousand six--two thousand seven school year and 21 entitled "SA060-7"; provided, however, that in the two thousand eight-- 22 two thousand nine school year, a city school district in a city having a 23 population of one million inhabitants or more shall not be eligible to 24 select aid per prekindergarten pupil pursuant to clause (A) of this 25 subparagraph; 26 (ii) (1) "Eligible Full-day four-year-old prekindergarten pupils" 27 shall equal: 28 For the two thousand seventeen--two thousand eighteen school year the 29 sum of, from the priority full-day prekindergarten program, (A) the 30 maximum aidable pupils such district was eligible to serve in the base 31 year plus (B) the maximum aidable number of half-day prekindergarten 32 pupils converted into a full-day prekindergarten pupil in the base year; 33 For the two thousand eighteen--two thousand nineteen school year the 34 sum of, from the programs pursuant to this section, (A) the maximum 35 aidable full-day prekindergarten pupils such district was eligible to 36 serve in the base year plus (B) the maximum aidable number of half-day 37 prekindergarten pupils converted into full-day prekindergarten pupils in 38 the base year; 39 For the two thousand nineteen--two thousand twenty school year the sum 40 of, from each of (A) the programs pursuant to this section, (B) the 41 federal preschool development expansion grant, (C) the expanded prekin- 42 dergarten program, (D) the expanded prekindergarten program for three- 43 and four-year-olds, and (E) the prekindergarten expansion grant, (1) the 44 maximum aidable full-day four-year-old prekindergarten pupils such 45 district was eligible to serve in the base year, plus (2) the maximum 46 aidable number of half-day four-year-old prekindergarten pupils 47 converted into full-day prekindergarten pupils in the base year; 48 For the two thousand twenty--two thousand twenty-one school year [and49thereafter] the sum of, from each of (A) the programs pursuant to this 50 section and (B) the pre-kindergarten expansion grant, (1) the maximum 51 aidable full-day four-year-old prekindergarten pupils such district was 52 eligible to serve in the base year, plus (2) the maximum aidable number 53 of half-day four-year-old prekindergarten pupils converted into full-day 54 prekindergarten pupils in the base year; 55 For the two thousand twenty-one--two thousand twenty-two school year 56 and thereafter, the sum of, from the programs pursuant to this subdivi-S. 2506--C 23 A. 3006--C 1 sion, (1) the maximum aidable full-day four-year-old prekindergarten 2 pupils such district was eligible to serve in the base year, plus (2) 3 the maximum aidable number of half-day four-year-old prekindergarten 4 pupils converted into full-day prekindergarten pupils in the base year, 5 plus (3) expansion slots added pursuant to paragraph e of subdivision 6 nineteen of this section. 7 (2) "Eligible full-day three-year-old prekindergarten pupils" shall 8 equal: 9 For the two thousand nineteen--two thousand twenty school year, the 10 sum of, from each of (A) the expanded prekindergarten program, (B) the 11 expanded prekindergarten program for three-year-olds, (C) the expanded 12 prekindergarten program for three- and four-year-olds, and (D) the prek- 13 indergarten expansion grant, (1) the maximum aidable full-day three- 14 year-old prekindergarten pupils such district was eligible to serve in 15 the base year, plus (2) the maximum aidable number of half-day three- 16 year-old prekindergarten pupils converted into full-day prekindergarten 17 pupils in the base year; 18 For the two thousand twenty--two thousand twenty-one school year and 19 thereafter, the sum of, from each of (A) the programs pursuant to this 20 section, and (B) the prekindergarten expansion grant, (1) the maximum 21 aidable full-day three-year-old prekindergarten pupils such district was 22 eligible to serve in the base year, plus (2) the maximum aidable number 23 of half-day three-year-old prekindergarten pupils converted into full- 24 day prekindergarten pupils in the base year; 25 (iii) (1) "Eligible half-day four-year-old prekindergarten pupils" 26 shall equal: 27 For the two thousand seventeen--two thousand eighteen school year the 28 sum of the maximum aidable half-day prekindergarten pupils such district 29 was eligible to serve for the base year from (A) the program pursuant to 30 this section plus such pupils from (B) the priority full-day prekinder- 31 garten program, less the maximum aidable number of half-day prekinder- 32 garten pupils converted into full-day prekindergarten pupils under the 33 priority full-day prekindergarten program for the base year; 34 For the two thousand eighteen--two thousand nineteen school year, the 35 maximum aidable half-day prekindergarten pupils such district was eligi- 36 ble to serve for the base year from the program pursuant to this 37 section; 38 For the two thousand nineteen--two thousand twenty school year, the 39 sum of the maximum aidable half-day four-year-old prekindergarten pupils 40 such district was eligible to serve for the base year from (A) the 41 program pursuant to this section plus such pupils from (B) the expanded 42 prekindergarten program plus such pupils from (C) the expanded prekin- 43 dergarten program for three- and four-year-olds plus such pupils from 44 (D) the prekindergarten expansion grant, less the sum of the maximum 45 aidable number of half-day four-year-old prekindergarten pupils 46 converted into full-day four-year-old prekindergarten pupils under each 47 of (1) the federal preschool expansion grant for the base year plus such 48 pupils from (2) the expanded prekindergarten program plus such pupils 49 from (3) the expanded prekindergarten program for three- and four-year- 50 olds plus such pupils from (4) the prekindergarten expansion grant for 51 the base year; 52 For the two thousand twenty--two thousand twenty-one school year and 53 thereafter, the sum of the maximum aidable half-day four-year-old prek- 54 indergarten pupils such district was eligible to serve for the base year 55 from (A) the program pursuant to this section plus such pupils from (B) 56 the pre-kindergarten expansion grant, less the maximum aidable number ofS. 2506--C 24 A. 3006--C 1 half-day four-year-old prekindergarten pupils converted into full-day 2 four-year-old prekindergarten pupils under the prekindergarten expansion 3 grant for the base year; 4 (2) "Eligible half-day three-year-old prekindergarten pupils" shall 5 equal: 6 For the two thousand nineteen--two thousand twenty school year, the 7 sum of the maximum aidable half-day three-year-old prekindergarten 8 pupils such district was eligible to serve for the base year from (A) 9 the expanded prekindergarten program plus such pupils from (B) the 10 expanded prekindergarten for three-year-olds plus such pupils from (C) 11 the expanded prekindergarten program for three- and four-year-olds plus 12 such pupils from (D) the prekindergarten expansion grant, less the sum 13 of the maximum aidable number of half-day three-year-old prekindergarten 14 pupils converted into full-day three-year-old prekindergarten pupils 15 under each of (1) the expanded prekindergarten program plus such pupils 16 from (2) the expanded prekindergarten for three-year-olds plus such 17 pupils from (3) the expanded prekindergarten program for three- and 18 four-year-olds plus such pupils from (4) the prekindergarten expansion 19 grant for the base year; 20 For the two thousand twenty--two thousand twenty-one school year and 21 thereafter, the sum of the maximum aidable half-day three-year-old prek- 22 indergarten pupils such district was eligible to serve for the base year 23 from (A) the program pursuant to this section plus such pupils from (B) 24 the prekindergarten expansion grant, less the maximum aidable number of 25 half-day three-year-old prekindergarten pupils converted into full-day 26 three-year-old prekindergarten pupils under the prekindergarten expan- 27 sion grant for the base year; 28 (iv) "Unserved four-year-old prekindergarten pupils" shall mean the 29 product of eighty-five percent multiplied by the positive difference, if 30 any, between the sum of the public school enrollment and the nonpublic 31 school enrollment of children attending full day and half day kindergar- 32 ten programs in the district in the year prior to the base year less the 33 number of resident children who attain the age of four before December 34 first of the base year, who were served during such school year by a 35 prekindergarten program approved pursuant to section forty-four hundred 36 ten of this chapter, where such services are provided for more than four 37 hours per day; 38 (v) (1) "Prekindergarten four-year-old maintenance of effort base" 39 shall mean the number of eligible full-day four-year-old prekindergarten 40 pupils set forth for the district in this paragraph plus the product of 41 one half (0.5) multiplied by the number of eligible half-day four-year- 42 old prekindergarten pupils set forth for the district in this paragraph; 43 (2) "Prekindergarten three-year-old maintenance of effort base" shall 44 mean the number of eligible full-day three-year-old prekindergarten 45 pupils set forth for the district in this paragraph plus the product of 46 one half (0.5) multiplied by the number of eligible half-day three-year- 47 old prekindergarten pupils set forth for the district in this paragraph; 48 (vi) (1) "Current year four-year-old prekindergarten pupils served" 49 shall mean the sum of full day four-year-old prekindergarten pupils 50 served in the current year plus the product of one half (0.5) multiplied 51 by the half day four-year-old prekindergarten pupils in the current year 52 less the half-day four-year-old conversion overage; 53 (2) "Current year three-year-old prekindergarten pupils served" shall 54 mean the sum of full day three-year-old prekindergarten pupils served in 55 the current year plus the product of one half (0.5) multiplied by theS. 2506--C 25 A. 3006--C 1 half day three-year-old prekindergarten pupils in the current year less 2 the half-day three-year-old conversion overage; 3 (vii) (1) "Half-day four-year-old conversion overage" shall equal, for 4 districts with thirty percent fewer full-day four-year-old prekindergar- 5 ten pupils served in the current year than eligible full-day four-year- 6 old prekindergarten pupils as set forth in this paragraph due to the 7 conversion of full-day four-year-old prekindergarten pupils served in 8 the current year to half-day four year-old prekindergarten pupils served 9 in the current year, the difference of the product of seven-tenths 10 multiplied by the eligible full-day four-year-old prekindergarten pupils 11 rounded down to the nearest whole number, less the number of full-day 12 four-year-old prekindergarten pupils served in the current year; 13 (2) "Half-day three-year-old conversion overage" shall equal, for 14 districts with thirty percent fewer full-day three-year-old prekinder- 15 garten pupils served in the current year than eligible full-day three- 16 year-old prekindergarten pupils as set forth in paragraph b of this 17 subdivision due to the conversion of full-day three-year-old prekinder- 18 garten pupils served in the current year to half-day three-year-old 19 prekindergarten pupils served in the current year, the difference of the 20 product of seven-tenths multiplied by the eligible full-day three-year- 21 old prekindergarten pupils rounded down to the nearest whole number, 22 less the number of full-day three-year-old prekindergarten pupils served 23 in the current year; 24 (3) Provided that a district may apply to the commissioner for a hard- 25 ship waiver that would allow a district to convert more than thirty 26 percent of full-day four-year-old prekindergarten pupils served in the 27 current year to half-day four-year-old prekindergarten pupils served in 28 the current year or three-year-old prekindergarten pupils served in the 29 current year to half-day three-year-old prekindergarten pupils served in 30 the current year and receive funding for such slots. Such waiver shall 31 be granted upon a demonstration by the school district that due to a 32 significant change in the resources available to the school district and 33 absent this hardship waiver, the school district would be unable to 34 serve such pupils in prekindergarten programs, without causing signif- 35 icant disruption to other district programming; 36 (viii) (1) "Maintenance of effort factor for four-year-olds" shall 37 mean the quotient arrived at when dividing the current year four-year- 38 old prekindergarten pupils served by the prekindergarten four-year-old 39 maintenance of effort base; 40 (2) "Maintenance of effort factor for three-year-olds" shall mean the 41 quotient arrived at when dividing the current year three-year-old prek- 42 indergarten pupils served by the prekindergarten three-year-old mainte- 43 nance of effort base; 44 (ix) For the purposes of this paragraph: 45 (A) "Priority full-day prekindergarten program" shall mean the priori- 46 ty full-day prekindergarten and expanded half-day prekindergarten grant 47 program for high need students pursuant to chapter fifty-three of the 48 laws of two thousand thirteen; 49 (B) "Federal preschool development expansion grant" shall mean the 50 federal preschool development expansion grant pursuant to the American 51 Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 52 14013, Title XIV, (Public Law 112-10), as amended by section 1832(b) of 53 Division B of the Department of Defense and Full-Year Continuing Appro- 54 priations Act, 2011 (Pub. L. 112-10), and the Department of Education 55 Appropriations Act, 2012 (Title III Division F of Pub. L. 112-74, the 56 Consolidated Appropriations Act, 2012);S. 2506--C 26 A. 3006--C 1 (C) "Expanded prekindergarten program" shall mean the expanded prekin- 2 dergarten program for three- and four-year-olds pursuant to chapter 3 sixty-one of the laws of two thousand fifteen; 4 (D) "Expanded prekindergarten for three-year-olds" shall mean the 5 expanded prekindergarten for three-year-olds in high need districts 6 program pursuant to chapter fifty-three of the laws of two thousand 7 sixteen; 8 (E) "Expanded prekindergarten program for three- and four-year-olds" 9 shall mean the expanded prekindergarten program for three- and four- 10 year-olds pursuant to a chapter of the laws of two thousand seventeen; 11 (F) "Prekindergarten expansion grant" shall mean the prekindergarten 12 expansion grant for the two thousand eighteen--two thousand nineteen 13 school year and thereafter, pursuant to subdivision eighteen of this 14 section, to the extent such program was available subject to appropri- 15 ation, and provided that such school district has met all requirements 16 pursuant to this section. 17 c. Notwithstanding any other provision of this section, the total 18 grant payable pursuant to this section shall equal the lesser of: (i) 19 the sum of the four-year-old grant amount plus the three-year-old grant 20 amount computed pursuant to this subdivision for the current year, based 21 on data on file with the commissioner as of September first of the 22 school year immediately following or (ii) the total actual grant expend- 23 itures incurred by the school district as approved by the commissioner. 24 d. Notwithstanding any other provision of this section, apportionments 25 under this section greater than the amounts provided in the two thousand 26 sixteen--two thousand seventeen school year shall only be used to 27 supplement and not supplant current local expenditures of state or local 28 funds on prekindergarten programs and the number of eligible full-day 29 four-year-old prekindergarten pupils and eligible full-day three-year- 30 old prekindergarten pupils in such programs from such sources. Current 31 local expenditures shall include any local expenditures of state or 32 local funds used to supplement or extend services provided directly or 33 via contract to eligible children enrolled in a universal prekindergar- 34 ten program pursuant to this section. 35 § 23-d. Section 3602-e of the education law is amended by adding a new 36 subdivision 19 to read as follows: 37 19. Full-day four-year-old universal prekindergarten expansion. a. 38 Allocation. For the two thousand twenty-one--two thousand twenty-two 39 through two-thousand twenty-three--two thousand twenty-four school 40 years, school districts shall be eligible to receive a grant amount 41 equal to twice the product of expansion slots multiplied by selected aid 42 per prekindergarten pupil calculated pursuant to subparagraph i of para- 43 graph b of subdivision ten of this section for the two thousand twenty- 44 one--two thousand twenty-two school year, and provided further that this 45 allocation shall not exceed the total actual full-day four-year-old 46 universal prekindergarten expansion grant expenditures incurred by the 47 school district in the current school year as approved by the commis- 48 sioner. Grantees awarded funds under this subdivision shall comply with 49 all of the same rules and requirements as the universal prekindergarten 50 programs pursuant to this section. 51 b. Expansion slots. (i) For the two thousand twenty-one--two thousand 52 twenty-two school year, for eligible school districts, the preliminary 53 slot count shall be equal to the positive difference of: (1) the product 54 of three thousand five hundred and four ten-thousandths (0.3504) and 55 unserved four-year-old prekindergarten pupils calculated pursuant to 56 subparagraph (iv) of paragraph b of subdivision ten of this section;S. 2506--C 27 A. 3006--C 1 less (2) the sum of: (A) full-day four-year-old prekindergarten pupils 2 served in the two thousand nineteen--two thousand twenty school year 3 pursuant to this section; plus (B) students served in full-day prekin- 4 dergarten programs funded by grants pursuant to section thirty-six 5 hundred two-ee of this part in the year prior to the base year. If such 6 preliminary slot count is less than ten, the expansion slots shall be 7 zero; if such preliminary slot count is greater than or equal to ten but 8 less than twenty, the expansion slots shall be twenty; for all other 9 eligible districts, the expansion slots shall equal to the preliminary 10 slot count. 11 c. Eligibility. (i) For the two thousand twenty-one--two thousand 12 twenty-two school year, school districts shall be eligible for this 13 expansion if: (1) the combined wealth ratio computed pursuant to subpar- 14 agraph one of paragraph c of subdivision three of section thirty-six 15 hundred two of this part is less than two (2.0); and (2) the quotient 16 arrived at when dividing: (A) the sum of: (1) full-day and half-day 17 four-year-old prekindergarten pupils served in the two thousand nine- 18 teen--two thousand twenty school year pursuant to this section; plus (2) 19 students served in full-day prekindergarten programs funded by grants 20 pursuant to section thirty-six hundred two-ee of this part in the two 21 thousand nineteen--two thousand twenty school year; divided by (B) 22 unserved four-year-old prekindergarten pupils calculated pursuant to 23 subparagraph (iv) of paragraph b of subdivision ten of this section is 24 less than five tenths (0.50). 25 d. Maintenance of effort. Where a school district serves fewer four- 26 year-old prekindergarten pupils in full-day programs funded by the full- 27 day four-year-old universal prekindergarten expansion pursuant to this 28 subdivision than the number of expansion slots as defined in paragraph b 29 of this subdivision, the school district shall have its current year 30 full-day four-year-old universal prekindergarten expansion payment 31 reduced to an amount equal to the product of: (i) the full-day four- 32 year-old universal prekindergarten expansion; multiplied by (ii) the 33 quotient of four-year-old prekindergarten pupils served in programs 34 funded by the full-day four-year-old universal prekindergarten expansion 35 divided by the number of expansion slots. Funds provided pursuant to 36 this subdivision shall only be used to supplement and not supplant 37 current local expenditures of state or local funds on prekindergarten 38 programs. 39 e. Universal prekindergarten program consolidation. In the event the 40 director of the budget determines that the available appropriation of 41 federal funds is insufficient for the allocation pursuant to this subdi- 42 vision, the difference between the available appropriation and the allo- 43 cation shall be added to universal prekindergarten aid grants pursuant 44 to subdivision ten of this section. The department shall determine which 45 and how many grants shall be awarded pursuant to subdivision ten of this 46 section in lieu of this subdivision provided that such determination 47 shall be subject to the approval of the director of the budget. The 48 corresponding number of expansion slots shall also be added to eligible 49 full-day four-year-old prekindergarten pupils as defined in subparagraph 50 (ii) of paragraph b of subdivision ten of this section to ensure conti- 51 nuity of services. Provided that for the two thousand twenty-four--two 52 thousand twenty-five school year, any full-day four-year-old universal 53 prekindergarten expansion allocation from the two thousand twenty- 54 three--two thousand twenty-four school year not previously added to 55 universal prekindergarten aid grants pursuant to this paragraph shall beS. 2506--C 28 A. 3006--C 1 so added, and all expansion slots not previously added to eligible full- 2 day four-year-old prekindergarten pupils shall also be added. 3 f. Future expansions. Within the additional amounts appropriated 4 therefor in the state budgets enacted for the two thousand twenty-two-- 5 two thousand twenty-three and two thousand twenty-three--two thousand 6 twenty-four fiscal years, additional grants shall be allocated pursuant 7 to this subdivision. 8 g. Notwithstanding any inconsistent provision of law, for the purposes 9 of determining the prekindergarten allocation on the electronic data 10 file prepared by the commissioner pursuant to subdivision twenty-one of 11 section three hundred five of this chapter for the two thousand twenty- 12 one--two thousand twenty-two through two thousand twenty-three--two 13 thousand twenty-four school years, the commissioner is directed to 14 include the grant amounts awarded pursuant to this section in the amount 15 set forth for such school district as "UNIVERSAL PRE-KINDERGARTEN." 16 § 24. Intentionally omitted. 17 § 24-a. All the acts done and proceedings heretofore had and taken or 18 caused to be had and taken by (a) the Huntington union free school 19 district and by all of its officers or agents relating to or in 20 connection with final building cost reports required to be filed with 21 the state education department for approved building projects completed 22 prior to December 31, 2011, (b) the Liverpool central school district 23 and by all its officers or agents relating to or in connection with 24 certain final cost reports to be filed with the state education depart- 25 ment for projects 0001-003, 0001-005, 0002-007, 0003-003, 0003-005, 26 0004-005, 0005-006, 0007-003, 0009-004, 0009-006, 0010-005, 0010-007, 27 0012-003, 0014-005, 0015-003, 0016-007, 0016-010, 0016-011, 0018-008, 28 0018-010, 0019-007, 0024-004, 4011-001, and 5008-002, and (c) the Marl- 29 boro central school district, and by all its officers or agents relating 30 to or in connection with certain final cost reports to be filed with the 31 state education department for project number 006-005 and all acts inci- 32 dental thereto are hereby legalized, validated, ratified and confirmed, 33 notwithstanding any failure to comply with the approval and filing 34 provisions of the education law or any other law or any other statutory 35 authority, rule or regulation, in relation to any omission, error, 36 defect, irregularity or illegality in such proceedings had and taken. 37 § 24-b. Notwithstanding section 24-a of part A of chapter 57 of the 38 laws of 2013, and consistent with section twenty-four-a of this act, the 39 commissioner of education shall not recover from the Huntington union 40 free school district, the Liverpool central school district, or the 41 Marlboro central school district any penalty arising from the late 42 filing of a final cost report pursuant to section 31 of part A of chap- 43 ter 57 of the laws of 2012, provided that any amounts already so recov- 44 ered shall be deemed a payment of moneys due for prior years pursuant to 45 paragraph c of subdivision 5 of section 3604 of the education law and 46 shall be paid to the appropriate district pursuant to such provision, 47 provided that such school district: (a) submitted the late or missing 48 final building cost report to the commissioner of education; (b) such 49 cost report is approved by the commissioner of education; (c) all state 50 funds expended by the school district, as documented in such cost 51 report, were properly expended for such building project in accordance 52 with the terms and conditions for such project as approved by the 53 commissioner of education; and (d) the failure to submit such report in 54 a timely manner was an inadvertent administrative or ministerial over- 55 sight by the school district, and there is no evidence of any fraudulent 56 or other improper intent by such district.S. 2506--C 29 A. 3006--C 1 § 24-c. All the acts done and proceedings heretofore had and taken or 2 caused to be had and taken by the Cold Spring Harbor central school 3 district and by all officers, employees or agents of such school 4 district relating to or in connection with a transportation contract 5 E259217 of the 2013-14 school year, and all acts incidental hereto are 6 hereby legalized, validated, ratified and confirmed, notwithstanding any 7 failure to comply with the contract award, approval and filing 8 provisions of the education law, the general municipal law or any other 9 law or any other statutory authority, rule or regulation, other than 10 those filing provisions defined in paragraph a of subdivision 5 of 11 section 3604 of the education law, in relation to any omission, error, 12 defect, irregularity or illegality in such proceeding had and taken and 13 provided that the failure to submit a transportation contract in a time- 14 ly manner was an inadvertent administrative or ministerial oversight by 15 the school district, and there is no evidence of any fraudulent or other 16 improper intent by such district. 17 § 24-d. The state education department is hereby directed to consider 18 the aforementioned contract for transportation aid as valid and proper 19 obligations of the Cold Spring Harbor central school district and shall 20 not recover from such school districts any penalty arising from the 21 failure to submit a transportation contract in a timely manner, provided 22 that any amounts already so recovered shall be deemed a payment of 23 moneys due for prior years pursuant to paragraph c of subdivision 5 of 24 section 3604 of the education law and shall be paid to the school 25 district pursuant to such provision. 26 § 25. Intentionally omitted. 27 § 26. The opening paragraph of section 3609-a of the education law, as 28 amended by section 24 of part A of chapter 56 of the laws of 2020, is 29 amended to read as follows: 30 For aid payable in the two thousand seven--two thousand eight school 31 year through the two thousand [twenty] twenty-one--two thousand [twen-32ty-one] twenty-two school year, "moneys apportioned" shall mean the 33 lesser of (i) the sum of one hundred percent of the respective amount 34 set forth for each school district as payable pursuant to this section 35 in the school aid computer listing for the current year produced by the 36 commissioner in support of the budget which includes the appropriation 37 for the general support for public schools for the prescribed payments 38 and individualized payments due prior to April first for the current 39 year plus the apportionment payable during the current school year 40 pursuant to subdivision six-a and subdivision fifteen of section thir- 41 ty-six hundred two of this part minus any reductions to current year 42 aids pursuant to subdivision seven of section thirty-six hundred four of 43 this part or any deduction from apportionment payable pursuant to this 44 chapter for collection of a school district basic contribution as 45 defined in subdivision eight of section forty-four hundred one of this 46 chapter, less any grants provided pursuant to subparagraph two-a of 47 paragraph b of subdivision four of section ninety-two-c of the state 48 finance law, less any grants provided pursuant to subdivision five of 49 section ninety-seven-nnnn of the state finance law, less any grants 50 provided pursuant to subdivision twelve of section thirty-six hundred 51 forty-one of this article, or (ii) the apportionment calculated by the 52 commissioner based on data on file at the time the payment is processed; 53 provided however, that for the purposes of any payments made pursuant to 54 this section prior to the first business day of June of the current 55 year, moneys apportioned shall not include any aids payable pursuant to 56 subdivisions six and fourteen, if applicable, of section thirty-sixS. 2506--C 30 A. 3006--C 1 hundred two of this part as current year aid for debt service on bond 2 anticipation notes and/or bonds first issued in the current year or any 3 aids payable for full-day kindergarten for the current year pursuant to 4 subdivision nine of section thirty-six hundred two of this part. The 5 definitions of "base year" and "current year" as set forth in subdivi- 6 sion one of section thirty-six hundred two of this part shall apply to 7 this section. For aid payable in the two thousand [twenty] 8 twenty-one--two thousand [twenty-one] twenty-two school year, reference 9 to such "school aid computer listing for the current year" shall mean 10 the printouts entitled ["SA202-1"] "SA212-2". 11 § 27. Intentionally omitted. 12 § 28. Intentionally omitted. 13 § 29. Intentionally omitted. 14 § 30. Intentionally omitted. 15 § 31. Intentionally omitted. 16 § 32. Intentionally omitted. 17 § 33. Intentionally omitted. 18 § 34. Intentionally omitted. 19 § 35. Intentionally omitted. 20 § 36. Intentionally omitted. 21 § 36-a. Intentionally omitted. 22 § 36-b. Intentionally omitted. 23 § 36-c. Paragraph (d) of subdivision 1 of section 2856 of the educa- 24 tion law, as amended by section 4 of part YYY of chapter 59 of the laws 25 of 2017, is amended to read as follows: 26 (d) School districts shall be eligible for an annual apportionment 27 equal to the amount of the supplemental basic tuition for the charter 28 school in the base year for the expenses incurred in the two thousand 29 fourteen--two thousand fifteen, two thousand fifteen--two thousand 30 sixteen, two thousand sixteen--two thousand seventeen school years and 31 thereafter. Provided that for expenses incurred in the two thousand 32 twenty--two thousand twenty-one school year, for a city school district 33 in a city having a population of one million or more, the annual appor- 34 tionment shall be reduced by thirty-five million dollars ($35,000,000) 35 upon certification by the director of the budget of the availability of 36 a grant in the same amount from the elementary and secondary school 37 emergency relief funds provided through the American rescue plan act of 38 2021. 39 § 36-d. Paragraph (c) of subdivision 1 of section 2856 of the educa- 40 tion law, as amended by section 4-a of part YYY of chapter 59 of the 41 laws of 2017, is amended to read as follows: 42 (c) School districts shall be eligible for an annual apportionment 43 equal to the amount of the supplemental basic tuition for the charter 44 school in the base year for the expenses incurred in the two thousand 45 fourteen--two thousand fifteen, two thousand fifteen--two thousand 46 sixteen, two thousand sixteen--two thousand seventeen school years and 47 thereafter. Provided that for expenses incurred in the two thousand 48 twenty--two thousand twenty-one school year, for a city school district 49 in a city having a population of one million or more, the annual appor- 50 tionment shall be reduced by thirty-five million dollars ($35,000,000) 51 upon certification by the director of the budget of the availability of 52 a grant in the same amount from the elementary and secondary school 53 emergency relief funds provided through the American rescue plan act of 54 2021. 55 § 37. Intentionally omitted.S. 2506--C 31 A. 3006--C 1 § 37-a. Subdivision 21 of section 305 of the education law is amended 2 by adding a new paragraph e to read as follows: 3 e. Notwithstanding any inconsistent provision of law to the contrary, 4 in preparing an electronic data file pursuant to paragraph b of this 5 subdivision, for the purposes of using estimated data for projections of 6 apportionments for the following school year, the commissioner shall (i) 7 calculate the negative difference, if any, of the allowable growth 8 amount computed pursuant to subdivision one of section thirty-six 9 hundred two of this chapter less the preliminary growth amount pursuant 10 to such subdivision, and (ii) include such negative difference as the 11 "growth cap adjustment" in any file that aggregates apportionments of 12 general support for public schools for the purpose of determining the 13 amounts necessary in the state fiscal years associated with the school 14 year estimates, provided that the commissioner shall not allocate any 15 amount of such growth cap adjustment to any school district. 16 § 37-b. Paragraph cc of subdivision 1 of section 3602 of the education 17 law is REPEALED. 18 § 37-c. Paragraph c of subdivision 17 of section 3602 of the education 19 law is REPEALED. 20 § 37-d. Notwithstanding any provision of law or regulation to the 21 contrary, if as a result of the state disaster emergency declared pursu- 22 ant to Executive Order 202 of 2020, approved private schools serving 23 students with disabilities subject to articles 81 and 89 of the educa- 24 tion law, special act school districts, and approved preschool special 25 class and special class in an integrated setting programs pursuant to 26 section 4410 of the education law experience an enrollment decrease as a 27 percentage of operating capacity of 5 percentage points or more during 28 the 2020-21 school year as compared to the previous three year period 29 2016-17 through 2018-19, the state education department shall apply an 30 enrollment adjustment factor as part of the tuition rate reconciliation 31 process to stabilize tuition revenue, provided that the commissioner of 32 education shall submit a plan for the implementation of such enrollment 33 adjustment factor to the director of the budget for approval. 34 Moreover, should such programs receive federal Paycheck Protection 35 Program loan forgiveness revenue or other extraordinary federal revenue 36 provided in response to the COVID-19 pandemic as defined by the state 37 education department in consultation with the director of the budget, 38 such revenue shall be applied as offsetting revenue for reconciliation 39 tuition rate calculation purposes after allowable costs incurred in 40 responding to the state disaster emergency declared pursuant to Execu- 41 tive Order 202 of 2020 are defrayed, and such revenues shall be 42 subtracted from total costs after the application of the nondirect care 43 screen, provided, however, that the combined amount of tuition revenues, 44 extraordinary federal revenues provided in response to the COVID-19 45 pandemic, and any other revenues available to the program that are 46 treated as offsetting revenue shall not exceed the program's actual 47 costs, and provided further, that the state education department shall 48 hold harmless tuition rates in subsequent school years to reflect the 49 impact of receipt of such extraordinary federal revenue. 50 § 37-e. Section 4004 of the education law is amended by adding a new 51 subdivision 5 to read as follows: 52 5. The board of education of a special act school district shall be 53 authorized to establish a fiscal stabilization reserve fund. There may 54 be paid into such fund an amount as may be provided pursuant to the 55 requirements of paragraph k of subdivision four of section forty-four 56 hundred five of this title.S. 2506--C 32 A. 3006--C 1 § 37-f. Subdivision 4 of section 4405 of the education law is amended 2 by adding a new paragraph k to read as follows: 3 k. The tuition methodology established pursuant to this subdivision 4 for the two thousand twenty-one--two thousand twenty-two school year 5 and annually thereafter shall authorize approved private residential or 6 non-residential schools for the education of students with disabilities 7 that are located within the state, and special act school districts 8 to retain funds in excess of their allowable and reimbursable costs 9 incurred for services and programs provided to school-age 10 students. The amount of funds that may be annually retained shall not 11 exceed one percent of the school's or school district's total allowable 12 and reimbursable costs for services and programs provided to school-age 13 students for the school year from which the funds are to be retained; 14 provided that the total accumulated balance that may be retained shall 15 not exceed four percent of such total costs for such school year; and 16 provided further that such funds shall not be recoverable on reconcil- 17 iation of tuition rates, and shall be separate from and in addition to 18 any other authorization to retain surplus funds on reconciliation. Funds 19 may be expended only pursuant to an authorization of the governing board 20 of the school or school district, for a purpose expressly authorized as 21 part of the approved tuition methodology for the year in which the funds 22 are to be expended, provided that funds may be expended to pay prior 23 year outstanding debts. Any school or school district that retains funds 24 pursuant to this paragraph shall be required to annually report a state- 25 ment of the total balance of any such retained funds, the amount, if 26 any, retained in the prior school year, the amount, if any, dispersed in 27 the prior school year, and any additional information requested by the 28 department as part of the financial reports that are required to be 29 annually submitted to the department. 30 § 38. Section 3 of chapter 507 of the laws of 1974, relating to 31 providing for the apportionment of state monies to certain nonpublic 32 schools, to reimburse them for their expenses in complying with 33 certain state requirements for the administration of state testing and 34 evaluation programs and for participation in state programs for the 35 reporting of basic educational data, as amended by chapter 347 of the 36 laws of 2018, is amended to read as follows: 37 § 3. Apportionment. a. The commissioner shall annually apportion to 38 each qualifying school, for school years beginning on and after July 39 first, nineteen hundred seventy-four, an amount equal to the actual cost 40 incurred by each such school during the preceding school year for 41 providing services required by law to be rendered to the state in 42 compliance with the requirements of the state's pupil evaluation 43 program, the basic educational data system, regents examinations, the 44 statewide evaluation plan, the uniform procedure for pupil attendance 45 reporting, the state's immunization program and other similar state 46 prepared examinations and reporting procedures. Provided that each 47 nonpublic school that seeks aid payable in the two thousand twenty--two 48 thousand twenty-one school year to reimburse two thousand nineteen--two 49 thousand twenty school year expenses shall submit a claim for such aid 50 to the state education department no later than May fifteenth, two thou- 51 sand twenty-one and such claims shall be paid by the state education 52 department no later than June thirtieth, two thousand twenty-one. 53 Provided further that each nonpublic school that seeks aid payable in 54 the two thousand twenty-one--two thousand twenty-two school year and 55 thereafter shall submit a claim for such aid to the state education 56 department no later than April first of the school year in which aid isS. 2506--C 33 A. 3006--C 1 payable and such claims shall be paid by the state education department 2 no later than May thirty-first of such school year. 3 b. Such nonpublic schools shall be eligible to receive aid based on 4 the number of days or portion of days attendance is taken and either a 5 5.0/5.5 hour standard instructional day, or another work day as certi- 6 fied by the nonpublic school officials, in accordance with the methodol- 7 ogy for computing salary and benefits applied by the department in 8 paying aid for the two thousand twelve--two thousand thirteen and prior 9 school years. 10 c. The commissioner shall annually apportion to each qualifying school 11 in the cities of New York, Buffalo and Rochester, for school years 12 beginning on or after July first two thousand sixteen, an amount equal 13 to the actual cost incurred by each such school during the preceding 14 school year in meeting the recording and reporting requirements of the 15 state school immunization program, provided that the state's liability 16 shall be limited to the amount appropriated for this purpose. 17 § 39. Subdivision b of section 2 of chapter 756 of the laws of 1992, 18 relating to funding a program for work force education conducted by the 19 consortium for worker education in New York city, as amended by section 20 30 of part A of chapter 56 of the laws of 2020, is amended to read as 21 follows: 22 b. Reimbursement for programs approved in accordance with subdivision 23 a of this section for the reimbursement for the 2018--2019 school year 24 shall not exceed 59.4 percent of the lesser of such approvable costs per 25 contact hour or fourteen dollars and ninety-five cents per contact hour, 26 reimbursement for the 2019--2020 school year shall not exceed 57.7 27 percent of the lesser of such approvable costs per contact hour or 28 fifteen dollars sixty cents per contact hour, [and] reimbursement for 29 the 2020--2021 school year shall not exceed 56.9 percent of the lesser 30 of such approvable costs per contact hour or sixteen dollars and twen- 31 ty-five cents per contact hour, and reimbursement for the 2021--2022 32 school year shall not exceed 56.0 percent of the lesser of such approva- 33 ble costs per contact hour or sixteen dollars and forty cents per 34 contact hour, and where a contact hour represents sixty minutes of 35 instruction services provided to an eligible adult. Notwithstanding any 36 other provision of law to the contrary, for the 2018--2019 school year 37 such contact hours shall not exceed one million four hundred sixty-three 38 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school 39 year such contact hours shall not exceed one million four hundred 40 forty-four thousand four hundred forty-four (1,444,444); [and] for the 41 2020--2021 school year such contact hours shall not exceed one million 42 four hundred six thousand nine hundred twenty-six (1,406,926); and for 43 the 2021--2022 school year such contact hours shall not exceed one 44 million four hundred sixteen thousand one hundred twenty-two 45 (1,416,122). Notwithstanding any other provision of law to the contrary, 46 the apportionment calculated for the city school district of the city of 47 New York pursuant to subdivision 11 of section 3602 of the education law 48 shall be computed as if such contact hours provided by the consortium 49 for worker education, not to exceed the contact hours set forth herein, 50 were eligible for aid in accordance with the provisions of such subdivi- 51 sion 11 of section 3602 of the education law. 52 § 40. Section 4 of chapter 756 of the laws of 1992, relating to fund- 53 ing a program for work force education conducted by the consortium for 54 worker education in New York city, is amended by adding a new subdivi- 55 sion z to read as follows:S. 2506--C 34 A. 3006--C 1 z. The provisions of this subdivision shall not apply after the 2 completion of payments for the 2021--2022 school year. Notwithstanding 3 any inconsistent provisions of law, the commissioner of education shall 4 withhold a portion of employment preparation education aid due to the 5 city school district of the city of New York to support a portion of the 6 costs of the work force education program. Such moneys shall be credited 7 to the elementary and secondary education fund-local assistance account 8 and shall not exceed thirteen million dollars ($13,000,000). 9 § 41. Section 6 of chapter 756 of the laws of 1992, relating to fund- 10 ing a program for work force education conducted by the consortium for 11 worker education in New York city, as amended by section 32 of part A of 12 chapter 56 of the laws of 2020, is amended to read as follows: 13 § 6. This act shall take effect July 1, 1992, and shall be deemed 14 repealed on June 30, [2021] 2022. 15 § 41-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- 16 tion law, as amended by section 32-a of part A of chapter 56 of the laws 17 of 2020, is amended to read as follows: 18 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 19 sion, for aid payable in the school years two thousand--two thousand one 20 through two thousand nine--two thousand ten, and two thousand eleven-- 21 two thousand twelve through two thousand [twenty] twenty-one--two thou- 22 sand [twenty-one] twenty-two, the commissioner may set aside an amount 23 not to exceed two million five hundred thousand dollars from the funds 24 appropriated for purposes of this subdivision for the purpose of serving 25 persons twenty-one years of age or older who have not been enrolled in 26 any school for the preceding school year, including persons who have 27 received a high school diploma or high school equivalency diploma but 28 fail to demonstrate basic educational competencies as defined in regu- 29 lation by the commissioner, when measured by accepted standardized 30 tests, and who shall be eligible to attend employment preparation educa- 31 tion programs operated pursuant to this subdivision. 32 § 42. Section 12 of chapter 147 of the laws of 2001, amending the 33 education law relating to conditional appointment of school district, 34 charter school or BOCES employees, as amended by section 34 of part A of 35 chapter 56 of the laws of 2020, is amended to read as follows: 36 § 12. This act shall take effect on the same date as chapter 180 of 37 the laws of 2000 takes effect, and shall expire July 1, [2021] 2022 when 38 upon such date the provisions of this act shall be deemed repealed. 39 § 43. Section 4 of chapter 425 of the laws of 2002, amending the 40 education law relating to the provision of supplemental educational 41 services, attendance at a safe public school and the suspension of 42 pupils who bring a firearm to or possess a firearm at a school, as 43 amended by section 35 of part A of chapter 56 of the laws of 2020, is 44 amended to read as follows: 45 § 4. This act shall take effect July 1, 2002 and section one of this 46 act shall expire and be deemed repealed June 30, 2019, and sections two 47 and three of this act shall expire and be deemed repealed on June 30, 48 [2021] 2022. 49 § 44. Section 5 of chapter 101 of the laws of 2003, amending the 50 education law relating to the implementation of the No Child Left Behind 51 Act of 2001, as amended by section 36 of part A of chapter 56 of the 52 laws of 2020, is amended to read as follows: 53 § 5. This act shall take effect immediately; provided that sections 54 one, two and three of this act shall expire and be deemed repealed on 55 June 30, [2021] 2022.S. 2506--C 35 A. 3006--C 1 § 45. School bus driver training. In addition to apportionments other- 2 wise provided by section 3602 of the education law, for aid payable in 3 the 2021--2022 school year, the commissioner of education shall allocate 4 school bus driver training grants to school districts and boards of 5 cooperative educational services pursuant to sections 3650-a, 3650-b and 6 3650-c of the education law, or for contracts directly with not-for-pro- 7 fit educational organizations for the purposes of this section. Such 8 payments shall not exceed four hundred thousand dollars ($400,000) per 9 school year. 10 § 46. Special apportionment for salary expenses. a. Notwithstanding 11 any other provision of law, upon application to the commissioner of 12 education, not sooner than the first day of the second full business 13 week of June 2022 and not later than the last day of the third full 14 business week of June 2022, a school district eligible for an apportion- 15 ment pursuant to section 3602 of the education law shall be eligible to 16 receive an apportionment pursuant to this section, for the school year 17 ending June 30, 2022, for salary expenses incurred between April 1 and 18 June 30, 2021 and such apportionment shall not exceed the sum of (i) the 19 deficit reduction assessment of 1990--1991 as determined by the commis- 20 sioner of education, pursuant to paragraph f of subdivision 1 of section 21 3602 of the education law, as in effect through June 30, 1993, plus (ii) 22 186 percent of such amount for a city school district in a city with a 23 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of 24 such amount for a city school district in a city with a population of 25 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 26 ing to the latest federal census, plus (iv) the net gap elimination 27 adjustment for 2010--2011, as determined by the commissioner of educa- 28 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- 29 nation adjustment for 2011--2012 as determined by the commissioner of 30 education pursuant to subdivision 17 of section 3602 of the education 31 law, and provided further that such apportionment shall not exceed such 32 salary expenses. Such application shall be made by a school district, 33 after the board of education or trustees have adopted a resolution to do 34 so and in the case of a city school district in a city with a population 35 in excess of 125,000 inhabitants, with the approval of the mayor of such 36 city. 37 b. The claim for an apportionment to be paid to a school district 38 pursuant to subdivision a of this section shall be submitted to the 39 commissioner of education on a form prescribed for such purpose, and 40 shall be payable upon determination by such commissioner that the form 41 has been submitted as prescribed. Such approved amounts shall be payable 42 on the same day in September of the school year following the year in 43 which application was made as funds provided pursuant to subparagraph 44 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 45 law, on the audit and warrant of the state comptroller on vouchers 46 certified or approved by the commissioner of education in the manner 47 prescribed by law from moneys in the state lottery fund and from the 48 general fund to the extent that the amount paid to a school district 49 pursuant to this section exceeds the amount, if any, due such school 50 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 51 section 3609-a of the education law in the school year following the 52 year in which application was made. 53 c. Notwithstanding the provisions of section 3609-a of the education 54 law, an amount equal to the amount paid to a school district pursuant to 55 subdivisions a and b of this section shall first be deducted from the 56 following payments due the school district during the school yearS. 2506--C 36 A. 3006--C 1 following the year in which application was made pursuant to subpara- 2 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 3 section 3609-a of the education law in the following order: the lottery 4 apportionment payable pursuant to subparagraph (2) of such paragraph 5 followed by the fixed fall payments payable pursuant to subparagraph (4) 6 of such paragraph and then followed by the district's payments to the 7 teachers' retirement system pursuant to subparagraph (1) of such para- 8 graph, and any remainder to be deducted from the individualized payments 9 due the district pursuant to paragraph b of such subdivision shall be 10 deducted on a chronological basis starting with the earliest payment due 11 the district. 12 § 46-a. Subdivision a of section 5 of chapter 121 of the laws of 1996, 13 relating to authorizing the Roosevelt union free school district to 14 finance deficits by the issuance of serial bonds, as amended by section 15 42-a of part A of chapter 56 of the laws of 2020, is amended to read as 16 follows: 17 a. Notwithstanding any other provisions of law, upon application to 18 the commissioner of education submitted not sooner than April first and 19 not later than June thirtieth of the applicable school year, the Roose- 20 velt union free school district shall be eligible to receive an appor- 21 tionment pursuant to this chapter for salary expenses, including related 22 benefits, incurred between April first and June thirtieth of such school 23 year. Such apportionment shall not exceed: for the 1996-97 school year 24 through the [2020-21] 2021-22 school year, four million dollars 25 ($4,000,000); for the [2021-22] 2022-23 school year, three million 26 dollars ($3,000,000); for the [2022-23] 2023-24 school year, two million 27 dollars ($2,000,000); for the [2023-24] 2024-25 school year, one million 28 dollars ($1,000,000); and for the [2024-25] 2025-26 school year, zero 29 dollars. Such annual application shall be made after the board of 30 education has adopted a resolution to do so with the approval of the 31 commissioner of education. 32 § 47. Special apportionment for public pension accruals. a. Notwith- 33 standing any other provision of law, upon application to the commission- 34 er of education, not later than June 30, 2022, a school district eligi- 35 ble for an apportionment pursuant to section 3602 of the education law 36 shall be eligible to receive an apportionment pursuant to this section, 37 for the school year ending June 30, 2022 and such apportionment shall 38 not exceed the additional accruals required to be made by school 39 districts in the 2004--2005 and 2005--2006 school years associated with 40 changes for such public pension liabilities. The amount of such addi- 41 tional accrual shall be certified to the commissioner of education by 42 the president of the board of education or the trustees or, in the case 43 of a city school district in a city with a population in excess of 44 125,000 inhabitants, the mayor of such city. Such application shall be 45 made by a school district, after the board of education or trustees have 46 adopted a resolution to do so and in the case of a city school district 47 in a city with a population in excess of 125,000 inhabitants, with the 48 approval of the mayor of such city. 49 b. The claim for an apportionment to be paid to a school district 50 pursuant to subdivision a of this section shall be submitted to the 51 commissioner of education on a form prescribed for such purpose, and 52 shall be payable upon determination by such commissioner that the form 53 has been submitted as prescribed. Such approved amounts shall be payable 54 on the same day in September of the school year following the year in 55 which application was made as funds provided pursuant to subparagraph 56 (4) of paragraph b of subdivision 4 of section 92-c of the state financeS. 2506--C 37 A. 3006--C 1 law, on the audit and warrant of the state comptroller on vouchers 2 certified or approved by the commissioner of education in the manner 3 prescribed by law from moneys in the state lottery fund and from the 4 general fund to the extent that the amount paid to a school district 5 pursuant to this section exceeds the amount, if any, due such school 6 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 7 section 3609-a of the education law in the school year following the 8 year in which application was made. 9 c. Notwithstanding the provisions of section 3609-a of the education 10 law, an amount equal to the amount paid to a school district pursuant to 11 subdivisions a and b of this section shall first be deducted from the 12 following payments due the school district during the school year 13 following the year in which application was made pursuant to subpara- 14 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 15 section 3609-a of the education law in the following order: the lottery 16 apportionment payable pursuant to subparagraph (2) of such paragraph 17 followed by the fixed fall payments payable pursuant to subparagraph (4) 18 of such paragraph and then followed by the district's payments to the 19 teachers' retirement system pursuant to subparagraph (1) of such para- 20 graph, and any remainder to be deducted from the individualized payments 21 due the district pursuant to paragraph b of such subdivision shall be 22 deducted on a chronological basis starting with the earliest payment due 23 the district. 24 § 48. Notwithstanding the provision of any law, rule, or regulation to 25 the contrary, the city school district of the city of Rochester, upon 26 the consent of the board of cooperative educational services of the 27 supervisory district serving its geographic region may purchase from 28 such board for the 2021--2022 school year, as a non-component school 29 district, services required by article 19 of the education law. 30 § 49. The amounts specified in this section shall be a set-aside from 31 the state funds which each such district is receiving from the total 32 foundation aid: 33 a. for the development, maintenance or expansion of magnet schools or 34 magnet school programs for the 2021--2022 school year. For the city 35 school district of the city of New York there shall be a setaside of 36 foundation aid equal to forty-eight million one hundred seventy-five 37 thousand dollars ($48,175,000) including five hundred thousand dollars 38 ($500,000) for the Andrew Jackson High School; for the Buffalo city 39 school district, twenty-one million twenty-five thousand dollars 40 ($21,025,000); for the Rochester city school district, fifteen million 41 dollars ($15,000,000); for the Syracuse city school district, thirteen 42 million dollars ($13,000,000); for the Yonkers city school district, 43 forty-nine million five hundred thousand dollars ($49,500,000); for the 44 Newburgh city school district, four million six hundred forty-five thou- 45 sand dollars ($4,645,000); for the Poughkeepsie city school district, 46 two million four hundred seventy-five thousand dollars ($2,475,000); for 47 the Mount Vernon city school district, two million dollars ($2,000,000); 48 for the New Rochelle city school district, one million four hundred ten 49 thousand dollars ($1,410,000); for the Schenectady city school district, 50 one million eight hundred thousand dollars ($1,800,000); for the Port 51 Chester city school district, one million one hundred fifty thousand 52 dollars ($1,150,000); for the White Plains city school district, nine 53 hundred thousand dollars ($900,000); for the Niagara Falls city school 54 district, six hundred thousand dollars ($600,000); for the Albany city 55 school district, three million five hundred fifty thousand dollars 56 ($3,550,000); for the Utica city school district, two million dollarsS. 2506--C 38 A. 3006--C 1 ($2,000,000); for the Beacon city school district, five hundred sixty- 2 six thousand dollars ($566,000); for the Middletown city school 3 district, four hundred thousand dollars ($400,000); for the Freeport 4 union free school district, four hundred thousand dollars ($400,000); 5 for the Greenburgh central school district, three hundred thousand 6 dollars ($300,000); for the Amsterdam city school district, eight 7 hundred thousand dollars ($800,000); for the Peekskill city school 8 district, two hundred thousand dollars ($200,000); and for the Hudson 9 city school district, four hundred thousand dollars ($400,000). 10 b. Notwithstanding any inconsistent provision of law to the contrary, 11 a school district setting aside such foundation aid pursuant to this 12 section may use such setaside funds for: (i) any instructional or 13 instructional support costs associated with the operation of a magnet 14 school; or (ii) any instructional or instructional support costs associ- 15 ated with implementation of an alternative approach to promote diversity 16 and/or enhancement of the instructional program and raising of standards 17 in elementary and secondary schools of school districts having substan- 18 tial concentrations of minority students. 19 c. The commissioner of education shall not be authorized to withhold 20 foundation aid from a school district that used such funds in accordance 21 with this paragraph, notwithstanding any inconsistency with a request 22 for proposals issued by such commissioner for the purpose of attendance 23 improvement and dropout prevention for the 2021--2022 school year, and 24 for any city school district in a city having a population of more than 25 one million, the setaside for attendance improvement and dropout 26 prevention shall equal the amount set aside in the base year. For the 27 2021--2022 school year, it is further provided that any city school 28 district in a city having a population of more than one million shall 29 allocate at least one-third of any increase from base year levels in 30 funds set aside pursuant to the requirements of this section to communi- 31 ty-based organizations. Any increase required pursuant to this section 32 to community-based organizations must be in addition to allocations 33 provided to community-based organizations in the base year. 34 d. For the purpose of teacher support for the 2021--2022 school year: 35 for the city school district of the city of New York, sixty-two million 36 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 37 school district, one million seven hundred forty-one thousand dollars 38 ($1,741,000); for the Rochester city school district, one million seven- 39 ty-six thousand dollars ($1,076,000); for the Yonkers city school 40 district, one million one hundred forty-seven thousand dollars 41 ($1,147,000); and for the Syracuse city school district, eight hundred 42 nine thousand dollars ($809,000). All funds made available to a school 43 district pursuant to this section shall be distributed among teachers 44 including prekindergarten teachers and teachers of adult vocational and 45 academic subjects in accordance with this section and shall be in addi- 46 tion to salaries heretofore or hereafter negotiated or made available; 47 provided, however, that all funds distributed pursuant to this section 48 for the current year shall be deemed to incorporate all funds distrib- 49 uted pursuant to former subdivision 27 of section 3602 of the education 50 law for prior years. In school districts where the teachers are repres- 51 ented by certified or recognized employee organizations, all salary 52 increases funded pursuant to this section shall be determined by sepa- 53 rate collective negotiations conducted pursuant to the provisions and 54 procedures of article 14 of the civil service law, notwithstanding the 55 existence of a negotiated agreement between a school district and a 56 certified or recognized employee organization.S. 2506--C 39 A. 3006--C 1 § 50. Support of public libraries. The moneys appropriated for the 2 support of public libraries by a chapter of the laws of 2021 enacting 3 the aid to localities budget shall be apportioned for the 2021--2022 4 state fiscal year in accordance with the provisions of sections 271, 5 272, 273, 282, 284 and 285 of the education law as amended by the 6 provisions of this chapter and the provisions of this section, provided 7 that library construction aid pursuant to section 273-a of the education 8 law shall not be payable from the appropriations for the support of 9 public libraries and provided further that no library, library system or 10 program, as defined by the commissioner of education, shall receive less 11 total system or program aid than it received for the year 2001--2002 12 except as a result of a reduction adjustment necessary to conform to the 13 appropriations for support of public libraries. 14 Notwithstanding any other provision of law to the contrary the moneys 15 appropriated for the support of public libraries for the year 2021--2022 16 by a chapter of the laws of 2021 enacting the education, labor and fami- 17 ly assistance budget shall fulfill the state's obligation to provide 18 such aid and, pursuant to a plan developed by the commissioner of educa- 19 tion and approved by the director of the budget, the aid payable to 20 libraries and library systems pursuant to such appropriations shall be 21 reduced proportionately to assure that the total amount of aid payable 22 does not exceed the total appropriations for such purpose. 23 § 51. Severability. The provisions of this act shall be severable, and 24 if the application of any clause, sentence, paragraph, subdivision, 25 section or part of this act to any person or circumstance shall be 26 adjudged by any court of competent jurisdiction to be invalid, such 27 judgment shall not necessarily affect, impair or invalidate the applica- 28 tion of any such clause, sentence, paragraph, subdivision, section, part 29 of this act or remainder thereof, as the case may be, to any other 30 person or circumstance, but shall be confined in its operation to the 31 clause, sentence, paragraph, subdivision, section or part thereof 32 directly involved in the controversy in which such judgment shall have 33 been rendered. 34 § 52. This act shall take effect immediately, and shall be deemed to 35 have been in full force and effect on and after April 1, 2021, provided, 36 however, that: 37 1. Sections one, ten-a, ten-b, twelve-b, thirteen-a, fourteen-a, twen- 38 ty-three, twenty-six, thirty-seven-a, thirty-seven-b, thirty-seven-c, 39 forty-one, forty-three, forty-four, forty-five, forty-eight and forty- 40 nine of this act shall take effect July 1, 2021; 41 2. Section twenty-two-b of this act shall take effect July 1, 2021 and 42 shall expire June 30, 2024 when upon such date the provisions of such 43 section shall be deemed repealed; 44 3. The amendments to paragraph (d) of subdivision 1 of section 2856 of 45 the education law made by section thirty-six-c of this act shall be 46 subject to the expiration and reversion of such subdivision pursuant to 47 subdivision d of section 27 of chapter 378 of the laws of 2007, as 48 amended, when upon such date the provisions of section thirty-six-d of 49 this act shall take effect; and 50 4. The amendments to chapter 756 of the laws of 1992 made by sections 51 thirty-nine and forty of this act shall not affect the repeal of such 52 chapter and shall be deemed repealed therewith. 53 PART B 54 Intentionally OmittedS. 2506--C 40 A. 3006--C 1 PART C 2 Intentionally Omitted 3 PART D 4 Section 1. Section 4 of subpart A of part D of chapter 58 of the laws 5 of 2011 amending the education law relating to capital facilities in 6 support of the state university and community colleges, as amended by 7 section 1 of part Q of chapter 54 of the laws of 2016, is amended to 8 read as follows: 9 § 4. This act shall take effect immediately and shall expire and be 10 deemed repealed June 30, [2021] 2026. 11 § 2. Section 4 of subpart B of part D of chapter 58 of the laws of 12 2011 amending the education law relating to procurement in support of 13 the state and city universities, as amended by section 2 of part Q of 14 chapter 54 of the laws of 2016, is amended to read as follows: 15 § 4. This act shall take effect immediately and shall expire and be 16 deemed repealed June 30, [2021] 2026. 17 § 3. Section 3 of subpart C of part D of chapter 58 of the laws of 18 2011 amending the education law relating to state university health care 19 facilities, as amended by section 3 of part Q of chapter 54 of the laws 20 of 2016, is amended to read as follows: 21 § 3. This act shall take effect immediately, and shall expire and be 22 deemed repealed June 30, [2021] 2026. 23 § 4. This act shall take effect immediately. 24 PART E 25 Intentionally Omitted 26 PART F 27 Section 1. Notwithstanding any provision of law or regulation to the 28 contrary, for purposes of an award made pursuant to subparts 2 through 4 29 of part 2 of article 14 of the education law in the 2019--2020 or 2020- 30 -2021 academic years, any semester, quarter or term that a recipient of 31 such an award is unable to complete as a result of the COVID-19 pandemic 32 state disaster emergency declared March 7, 2020, as certified by a 33 college or university and approved by the New York state higher educa- 34 tion services corporation, shall not be considered for purposes of 35 determining the maximum duration of such award for that recipient, and 36 provided further that no such recipient shall suffer a reduction in the 37 original award amount granted pursuant to such subparts in such academic 38 years solely due to inability to complete any semester, quarter or term 39 as a result of the COVID-19 pandemic state disaster emergency declared 40 March 7, 2020, as certified by a college or university and approved by 41 the New York state higher education services corporation. 42 § 2. This act shall take effect immediately. 43 PART G 44 Section 1. Subdivision 2 of section 669-h of the education law, as 45 amended by section 1 of part T of chapter 56 of the laws of 2018, is 46 amended to read as follows:S. 2506--C 41 A. 3006--C 1 2. Amount. Within amounts appropriated therefor and based on avail- 2 ability of funds, awards shall be granted beginning with the two thou- 3 sand seventeen--two thousand eighteen academic year and thereafter to 4 applicants that the corporation has determined are eligible to receive 5 such awards. The corporation shall grant such awards in an amount up to 6 five thousand five hundred dollars or actual tuition, whichever is less; 7 provided, however, (a) a student who receives educational grants and/or 8 scholarships that cover the student's full cost of attendance shall not 9 be eligible for an award under this program; and (b) an award under this 10 program shall be applied to tuition after the application of payments 11 received under the tuition assistance program pursuant to section six 12 hundred sixty-seven of this subpart, tuition credits pursuant to section 13 six hundred eighty-nine-a of this article, federal Pell grant pursuant 14 to section one thousand seventy of title twenty of the United States 15 code, et seq., and any other program that covers the cost of attendance 16 unless exclusively for non-tuition expenses, and the award under this 17 program shall be reduced in the amount equal to such payments, provided 18 that the combined benefits do not exceed five thousand five hundred 19 dollars. Upon notification of an award under this program, the institu- 20 tion shall defer the amount of tuition. Notwithstanding paragraph h of 21 subdivision two of section three hundred fifty-five and paragraph (a) of 22 subdivision seven of section six thousand two hundred six of this chap- 23 ter, and any other law, rule or regulation to the contrary, the under- 24 graduate tuition charged by the institution to recipients of an award 25 shall not exceed the tuition rate established by the institution for the 26 two thousand sixteen--two thousand seventeen academic year provided, 27 however, that in the two thousand [twenty-one] twenty-three--two thou- 28 sand [twenty-two] twenty-four academic year and every [four years] year 29 thereafter, the undergraduate tuition charged by the institution to 30 recipients of an award shall be reset to equal the tuition rate estab- 31 lished by the institution for the forthcoming academic year, provided 32 further that the tuition credit calculated pursuant to section six 33 hundred eighty-nine-a of this article shall be applied toward the 34 tuition rate charged for recipients of an award under this program. 35 Provided further that the state university of New York and the city 36 university of New York shall provide an additional tuition credit to 37 students receiving an award to cover the remaining cost of tuition. 38 § 2. This act shall take effect immediately. 39 PART H 40 Section 1. Subdivision 1 of section 504 of the executive law, as added 41 by chapter 465 of the laws of 1992, is amended to read as follows: 42 1. The [division] office of children and family services shall operate 43 and maintain secure, limited secure and non-secure facilities for the 44 care, custody, treatment, housing, education, rehabilitation and guid- 45 ance of youth placed with or committed to the [division] office of chil- 46 dren and family services. 47 § 2. (a) Notwithstanding the time period required for notice pursuant 48 to subdivision 15 of section 501 of the executive law, the office of 49 children and family services is authorized to close the Red Hook Resi- 50 dential Center and the Columbia Girls Secure Center. At least six months 51 prior to taking any such action, the commissioner of such office shall 52 provide notice of such action to the speaker of the assembly and the 53 temporary president of the senate and shall post such notice upon its 54 public website.S. 2506--C 42 A. 3006--C 1 (b) The commissioner of the office of children and family services 2 shall be authorized to conduct any and all preparatory actions which may 3 be required to effectuate such closures. A permanent class employee 4 affected by such closures shall be placed upon a transfer list pursuant 5 to section 78 of the civil service law. 6 § 3. This act shall take effect immediately. 7 PART I 8 Section 1. Section 3 of part N of chapter 56 of the laws of 2020 9 amending the social services law relating to restructuring financing for 10 residential school placements, is amended to read as follows: 11 § 3. This act shall take effect immediately and shall expire and be 12 deemed repealed April 1, 2022; provided however that the amendments to 13 subdivision 10 of section 153 of the social services law made by section 14 one of this act, shall not affect the expiration of such subdivision and 15 shall be deemed to expire therewith. 16 § 2. This act shall take effect immediately and shall be deemed to 17 have been in full force and effect on and after April 1, 2022. 18 PART J 19 Section 1. Section 9 of part G of chapter 57 of the laws of 2013, 20 amending the executive law and the social services law relating to 21 consolidating the youth development and delinquency prevention program 22 and the special delinquency prevention program, as amended by section 1 23 of part I of chapter 56 of the laws of 2018, is amended to read as 24 follows: 25 § 9. This act shall take effect January 1, 2014 [and shall expire and26be deemed repealed on December 31, 2021]. 27 § 2. This act shall take effect immediately. 28 PART K 29 Section 1. Section 4 of part K of chapter 57 of the laws of 2012, 30 amending the education law, relating to authorizing the board of cooper- 31 ative educational services to enter into contracts with the commissioner 32 of children and family services to provide certain services, as amended 33 by section 1 of part J of chapter 56 of the laws of 2018, is amended to 34 read as follows: 35 § 4. This act shall take effect July 1, 2012 [and shall expire June3630, 2021 when upon such date the provisions of this act shall be deemed37repealed]. 38 § 2. This act shall take effect immediately. 39 PART L 40 Section 1. Paragraph (g) of subdivision 3 of section 358-a of the 41 social services law, as amended by section 4 of subpart L of part XX of 42 chapter 55 of the laws of 2020, is amended to read as follows: 43 (g) (i) In any case in which an order has been issued pursuant to this 44 section approving a foster care placement instrument, the social 45 services official or authorized agency charged with custody or care of 46 the child shall report the initial placement and any anticipated change 47 in placement to the court and the attorneys for the parties, including 48 the attorney for the child, forthwith, but not later than one business 49 day following either the decision to make the initial placement or toS. 2506--C 43 A. 3006--C 1 change the placement or the actual date the initial placement or place- 2 ment change occurred, whichever is sooner. Such notice shall indicate 3 the date that the placement change is anticipated to occur or the date 4 the placement change occurred, as applicable. Provided, however, if such 5 notice lists an anticipated date for the initial placement or placement 6 change, the local social services district or authorized agency shall 7 subsequently notify the court and attorneys for the parties, including 8 the attorney for the child, of the date the placement or placement 9 change occurred; such notice shall occur no later than one business day 10 following the placement or placement change. 11 (ii) When a child whose legal custody was transferred to the commis- 12 sioner of a local social services district in accordance with this 13 section resides in a qualified residential treatment program, as defined 14 in section four hundred nine-h of this chapter, and where such child's 15 initial placement or change in placement in such program commenced on or 16 after September twenty-ninth, two thousand twenty-one, upon receipt of 17 notice required pursuant to subparagraph (i) of this paragraph and 18 motion of the local social services district, the court shall schedule a 19 court review to make an assessment and determination of such placement 20 in accordance with section three hundred ninety-three of this chapter. 21 Notwithstanding any other provision of law to the contrary, such court 22 review shall occur no later than sixty days from the date the placement 23 of the child in the qualified residential treatment program commenced. 24 § 1-a. Section 371 of the social services law is amended by adding a 25 new subdivision 22 to read as follows: 26 22. "Supervised setting" shall mean a residential placement in the 27 community approved and supervised by an authorized agency or the local 28 social services district in accordance with the regulations of the 29 office of children and family services to provide a transitional experi- 30 ence for older youth in which such youth may live independently. A 31 supervised setting includes, but is not limited to, placement in a 32 supervised independent living program, as defined in subdivision twen- 33 ty-one of this section. 34 § 1-b. Paragraph (c) of subdivision 2 of section 383-a of the social 35 services law, as added by section 5 of part M of chapter 54 of the laws 36 of 2016, is amended to read as follows: 37 (c) "Child care facility" shall mean an institution, group residence, 38 group home, agency operated boarding home, or supervised setting, 39 including a supervised independent living program. 40 § 2. The social services law is amended by adding a new section 393 to 41 read as follows: 42 § 393. Court review of placement in a qualified residential treatment 43 program. 1. The provisions of this section shall apply when a child is 44 placed on or after September twenty-ninth, two thousand twenty-one and 45 resides in a qualified residential treatment program, as defined in 46 section four hundred nine-h of this article, and whose care and custody 47 were transferred to the commissioner of a local social services district 48 in accordance with section three hundred fifty-eight-a of this chapter, 49 or whose custody and guardianship were transferred to the commissioner 50 of a local social services district in accordance with section three 51 hundred eighty-three-c, or three hundred eighty-four-b of this title. 52 2. (a) Within sixty days of the start of a placement of a child refer- 53 enced in subdivision one of this section in a qualified residential 54 treatment program, the court shall:S. 2506--C 44 A. 3006--C 1 (i) Consider the assessment, determination, and documentation made by 2 the qualified individual pursuant to section four hundred nine-h of this 3 article; 4 (ii) Determine whether the needs of the child can be met through 5 placement in a foster family home and, if not, whether placement of the 6 child in a qualified residential treatment program provides the most 7 effective and appropriate level of care for the child in the least 8 restrictive environment and whether that placement is consistent with 9 the short-term and long-term goals for the child, as specified in the 10 child's permanency plan; and 11 (iii) Approve or disapprove the placement of the child in a qualified 12 residential treatment program. Provided that, where the qualified indi- 13 vidual determines that the placement of the child in a qualified resi- 14 dential treatment program is not appropriate in accordance with the 15 assessment required pursuant to section four hundred nine-h of this 16 article, the court may only approve the placement of the child in the 17 qualified residential treatment program if: 18 (A) the court finds, and states in the written order that: 19 (1) circumstances exist that necessitate the continued placement of 20 the child in the qualified residential treatment program; 21 (2) there is not an alternative setting available that can meet the 22 child's needs in a less restrictive environment; and 23 (3) that continued placement in the qualified residential treatment 24 program is in the child's best interest; and 25 (B) the court's written order states the specific reasons why the 26 court has made the findings required pursuant to clause (A) of this 27 subparagraph. 28 (iv) Nothing herein shall prohibit the court from considering other 29 relevant and necessary information to make a determination. 30 (b) At the conclusion of the review, if the court disapproves place- 31 ment of the child in a qualified residential treatment program the court 32 shall, on its own motion, determine a schedule for the return of the 33 child and direct the local social services district to make such other 34 arrangements for the child's care and welfare that is in the best inter- 35 est of the child and in the most effective and least restrictive setting 36 as the facts of the case may require. If a new placement order is neces- 37 sary due to restrictions in the existing governing placement order, the 38 court may issue a new order. 39 3. The court may, on its own motion, or the motion of any of the 40 parties or the attorney for the child, proceed with the court review 41 required pursuant to this section on the basis of the written records 42 received and without a hearing. Provided however, the court may only 43 proceed with the court review without a hearing pursuant to this subdi- 44 vision upon the consent of all parties. Provided further, in the event 45 that the court conducts the court review requirement pursuant to this 46 section but does not conduct it in a hearing, the court shall issue a 47 written order specifying any determinations made pursuant to clause (A) 48 of subparagraph (iii) of paragraph (a) of subdivision two of this 49 section and provide such written order to the parties and the attorney 50 for the child expeditiously, but no later than five days. 51 4. Documentation of the court's determination pursuant to this section 52 shall be recorded in the child's case record. 53 5. Nothing in this section shall prohibit the court's review of a 54 placement in a qualified residential treatment program from occurring at 55 the same time as another hearing scheduled for such child, including butS. 2506--C 45 A. 3006--C 1 not limited to the child's permanency hearing, provided such approval is 2 completed within sixty days of the start of such placement. 3 § 2-a. Subparagraph 1 of paragraph (g) of subdivision 6 and subdivi- 4 sion 10 of section 398 of the social services law, subparagraph 1 of 5 paragraph (g) of subdivision 6 as amended by chapter 3 of the laws of 6 2012 and subdivision 10 as amended by chapter 563 of the laws of 1986, 7 are amended to read as follows: 8 (1) Place children in its care and custody or its custody and guardi- 9 anship, in suitable instances, in supervised settings, family homes, 10 agency boarding homes, group homes or institutions under the proper 11 safeguards. Such placements can be made either directly, or through an 12 authorized agency, except that, direct placements in agency boarding 13 homes or group homes may be made by the social services district only if 14 the office of children and family services has authorized the district 15 to operate such homes in accordance with the provisions of section three 16 hundred seventy-four-b of this [chapter] article and only if suitable 17 care is not otherwise available through an authorized agency under the 18 control of persons of the same religious faith as the child. Where such 19 district places a child in [an] a supervised setting, agency boarding 20 home, group home or institution, either directly, or through an author- 21 ized agency, the district shall certify in writing to the office of 22 children and family services, that such placement was made because it 23 offers the most appropriate and least restrictive level of care for the 24 child, and, is more appropriate than a family foster home placement, or, 25 that such placement is necessary because there are no qualified foster 26 families available within the district who can care for the child. If 27 placements in agency boarding homes, group homes or institutions are the 28 result of a lack of foster parents within a particular district, the 29 office of children and family services shall assist such district to 30 recruit and train foster parents. Placements shall be made only in 31 institutions visited, inspected and supervised in accordance with title 32 three of article seven of this chapter and conducted in conformity with 33 the applicable regulations of the supervising state agency in accordance 34 with title three of article seven of this chapter. With the approval of 35 the office of children and family services, a social services district 36 may place a child in its care and custody or its custody and guardian- 37 ship in a federally funded job corps program and may receive reimburse- 38 ment for the approved costs of appropriate program administration and 39 supervision pursuant to a plan developed by the department and approved 40 by the director of the budget. 41 10. Any provision of this chapter or any other law notwithstanding, 42 where a foster child for whom a social services official has been making 43 foster care payments is in attendance at a college or university away 44 from his or her foster family boarding home, group home, agency boarding 45 home or institution, and residing in a supervised setting or other 46 approved location, a social services official may make foster payments, 47 [not to exceed the amount which would have been paid to a foster parent48on behalf of said child had the child been cared for in a foster family49boarding home] at a rate to be developed by the office of children and 50 family services, to such college or university, provider of room and 51 board, or youth, as appropriate, in lieu of payment to the foster 52 parents or authorized agency, for the purpose of room and board, if not 53 otherwise provided. Such rate shall be no lower than the rate paid for a 54 child's care in a foster family boarding home. 55 § 3. The social services law is amended by adding a new section 409-h 56 to read as follows:S. 2506--C 46 A. 3006--C 1 § 409-h. Assessment of appropriateness of placement in a qualified 2 residential treatment program. 1. (a) Prior to a child's placement in a 3 qualified residential treatment program, as defined in subdivision four 4 of this section, but at least within thirty days of the start of a 5 placement in a qualified residential treatment program of a child in the 6 care and custody or the custody and guardianship of the commissioner of 7 a local social services district or the office of children and family 8 services that occurs on or after September twenty-ninth, two thousand 9 twenty-one, a qualified individual as defined in subdivision five of 10 this section shall complete an assessment as to the appropriateness of 11 such placement utilizing an age-appropriate, evidence-based, validated, 12 functional assessment tool approved by the federal government for such 13 purpose. Such assessment shall be in accordance with 42 United States 14 Code sections 672 and 675a and the state's approved title IV-E state 15 plan and shall include, but not be limited to: (i) an assessment of the 16 strengths and needs of the child; and (ii) a determination of the most 17 effective and appropriate level of care for the child in the least 18 restrictive setting, including whether the needs of the child can be met 19 with family members or through placement in a foster family home, or in 20 a setting specified in paragraph (c) of this subdivision, consistent 21 with the short-term and long-term goals for the child as specified in 22 the child's permanency plan. Such assessment shall be completed in 23 conjunction with the family and permanency team established pursuant to 24 paragraph (b) of this subdivision. 25 (b) The family and permanency team shall consist of all appropriate 26 biological family members, relatives, and fictive kin of the child, as 27 well as, as appropriate, professionals who are a resource to the family 28 of the child, including but not limited to, the attorney for the child 29 or the attorney for the parent if applicable, teachers, medical or 30 mental health providers who have treated the child, or clergy. In the 31 case of a child who has attained the age of fourteen, the family and 32 permanency team shall include the members of the permanency planning 33 team for the child in accordance with 42 United States Code section 675 34 and the state's approved title IV-E state plan. 35 (c) Where the qualified individual determines that the child may not 36 be placed in a foster family home, the qualified individual must specify 37 in writing the reasons why the needs of the child cannot be met by the 38 child's family or in a foster family home. A shortage or lack of foster 39 family homes shall not constitute circumstances warranting a determi- 40 nation that the needs of the child cannot be met in a foster family 41 home. The qualified individual shall also include why such a placement 42 is not the most effective and appropriate level of care for such child. 43 Such determination shall include whether the needs of the child can be 44 met through placement in: 45 (i) An available supervised setting, as such term is defined in 46 section three hundred seventy-one of this article; 47 (ii) If the child has been found to be, or is at risk of becoming, a 48 sexually exploited child as defined in subdivision one of section four 49 hundred forty-seven-a of this article, a setting providing residential 50 care and supportive services for sexually exploited children; 51 (iii) A setting specializing in providing prenatal, post-partum or 52 parenting supports for youth; or 53 (iv) A qualified residential treatment program. 54 2. The qualified individual or their designee shall promptly, but no 55 later than five days following the completion of the assessment, provide 56 the assessment, determination and documentation pursuant to subdivisionS. 2506--C 47 A. 3006--C 1 one of this section to the court, the parent or guardian of the child, 2 and to the attorney for the child and the attorney for the parent, if 3 applicable, and a written summary detailing the assessment findings 4 required pursuant to subdivision one of this section to either the local 5 social services district or the office of children and family services 6 that has care and custody or custody and guardianship of the child, as 7 applicable, and the parties to the proceeding, redacting any information 8 necessary to comply with federal and state confidentiality laws. 9 3. Where the qualified individual determines that the placement of the 10 child in a qualified residential treatment program is not appropriate 11 after the assessment conducted pursuant to subdivision one of this 12 section, the child's placement shall continue until the court has an 13 opportunity to hold a hearing to consider the qualified individual's 14 assessment and make an independent determination required pursuant to 15 section three hundred ninety-three of this article or sections 353.7, 16 seven hundred fifty-six-b, one thousand fifty-five-c, one thousand nine- 17 ty-one-a or one thousand ninety-seven of the family court act, as appli- 18 cable. Provided however, nothing herein shall prohibit a motion from 19 being filed pursuant to sections 355.1, seven hundred sixty-four or one 20 thousand eighty-eight of the family court act, as applicable. If the 21 appropriate party files such motion, the court shall hold a hearing, as 22 required, and also complete the assessment required pursuant to section 23 three hundred ninety-three of this article or sections 353.7, seven 24 hundred fifty-six-b, one thousand fifty-five-c, one thousand 25 ninety-one-a or one thousand ninety-seven of the family court act, as 26 applicable, at the same time. The court shall consider all relevant and 27 necessary information as required and make a determination about the 28 appropriateness of the child's placement based on standards required 29 pursuant to the applicable sections. 30 4. "Qualified residential treatment program" means a program that is a 31 non-foster family residential program in accordance with 42 United State 32 Code sections 672 and 675a and the state's approved title IV-E state 33 plan. 34 5. "Qualified individual" shall mean a trained professional or 35 licensed clinician acting within their scope of practice who shall have 36 current or previous relevant experience in the child welfare field. 37 Provided however, such individual shall not be an employee of the office 38 of children and family services, nor shall such person have a direct 39 role in case management or case planning decision making authority for 40 the child for whom such assessment is being conducted, in accordance 41 with 42 United States Code sections 672 and 675a and the state's 42 approved title IV-E state plan. 43 § 4. The family court act is amended by adding a new section 353.7 to 44 read as follows: 45 § 353.7. Placement in qualified residential treatment programs. 1. The 46 provisions of this section shall apply when a respondent is placed on or 47 after September twenty-ninth, two thousand twenty-one and resides in a 48 non-secure setting that is a qualified residential treatment program, as 49 defined in section four hundred nine-h of the social services law, and 50 whose care and custody were transferred to a local social services 51 district or the office of children and family services in accordance 52 with this article. 53 2. (a) When a respondent is in the care and custody of a local social 54 services district or the office of children and family services pursuant 55 to this article, such social services district or office shall report 56 any anticipated placement of the respondent into a qualified residentialS. 2506--C 48 A. 3006--C 1 treatment program as defined in section four hundred nine-h of the 2 social services law to the court and the attorneys for the parties, 3 including the attorney for the respondent, forthwith, but not later than 4 one business day following either the decision to place the respondent 5 in the qualified residential treatment program or the actual date the 6 placement change occurred, whichever is sooner. Such notice shall indi- 7 cate the date that the initial placement or change in placement is 8 anticipated to occur or the date the placement change occurred, as 9 applicable. Provided, however, if such notice lists an anticipated date 10 for the placement change, the local social services district or office 11 shall subsequently notify the court and the attorneys for the parties, 12 including the attorney for the respondent, of the date the placement 13 change occurred, such notice shall occur no later than one business day 14 following the placement change. 15 (b) When a respondent whose legal custody was transferred to a local 16 social services district or the office of children and family services 17 in accordance with this article resides in a qualified residential 18 treatment program as defined in section four hundred nine-h of the 19 social services law, and where such respondent's initial placement or 20 change in placement in such qualified residential treatment program 21 commenced on or after September twenty-ninth, two thousand twenty-one, 22 upon receipt of notice required pursuant to paragraph (a) of this subdi- 23 vision and motion of the local social services district or the office of 24 children and family services with legal custody of the respondent, the 25 court shall schedule a court review to make an assessment and determi- 26 nation of such placement in accordance with subdivision three of this 27 section. Notwithstanding any other provision of law to the contrary, 28 such court review shall occur no later than sixty days from the date the 29 placement of the respondent in the qualified residential treatment 30 program commenced. 31 3. (a) Within sixty days of the start of a placement of a respondent 32 referenced in subdivision one of this section in a qualified residential 33 treatment program, the court shall: 34 (i) Consider the assessment, determination, and documentation made by 35 the qualified individual pursuant to section four hundred nine-h of the 36 social services law; 37 (ii) Determine whether the needs of the respondent can be met through 38 placement in a foster family home and, if not, whether placement of the 39 respondent in a qualified residential treatment program provides the 40 most effective and appropriate level of care for the respondent in the 41 least restrictive environment and whether that placement is consistent 42 with the short-term and long-term goals for the respondent as specified 43 in the respondent's permanency plan; and 44 (iii) Approve or disapprove the placement of the respondent in a qual- 45 ified residential treatment program. Provided that, where a qualified 46 individual determines that the placement of the respondent in a quali- 47 fied residential treatment program is not appropriate in accordance with 48 the assessment required pursuant to section four hundred nine-h of the 49 social services law, the court may only approve the placement of the 50 respondent in the qualified residential treatment program if: 51 (A) the court finds, and states in the written order that: 52 (1) circumstances exist that necessitate the continued placement of 53 the respondent in the qualified residential treatment program; 54 (2) there is not an alternative setting available that can meet the 55 respondent's needs in a less restrictive environment; andS. 2506--C 49 A. 3006--C 1 (3) that continued placement in the qualified residential treatment 2 program serves the respondent's needs and best interests or the need for 3 protection of the community; and 4 (B) the court's written order states the specific reasons why the 5 court has made the findings required pursuant to clause (A) of this 6 subparagraph. 7 (iv) Nothing herein shall prohibit the court from considering other 8 relevant and necessary information to make a determination. 9 (b) At the conclusion of the review, if the court disapproves place- 10 ment of the respondent in a qualified residential treatment program the 11 court shall, on its own motion, determine a schedule for the return of 12 the respondent and direct the local social services district or office 13 of children and family services, as applicable, to make such other 14 arrangements for the respondent's care and welfare that is in the best 15 interest of the respondent and in the most effective and least restric- 16 tive setting as the facts of the case may require. If a new placement 17 order is necessary due to restrictions in the existing governing place- 18 ment order, the court may issue a new order. 19 4. The court may, on its own motion, or the motion of any of the 20 parties or the attorney for the respondent, proceed with the court 21 review required pursuant to this section on the basis of the written 22 records received and without a hearing. Provided however, the court may 23 only proceed with the court review without a hearing pursuant to this 24 subdivision upon the consent of all parties. Provided further, in the 25 event that the court conducts the court review requirement pursuant to 26 this section but does not conduct it in a hearing, the court shall issue 27 a written order specifying any determinations made pursuant to clause 28 (A) of subparagraph (iii) of paragraph (a) of subdivision three of this 29 section and provide such written order to the parties and the attorney 30 for the respondent expeditiously, but no later than five days. 31 5. Documentation of the court's determination pursuant to this section 32 shall be recorded in the respondent's case record. 33 6. Nothing in this section shall prohibit the court's review of a 34 placement in a qualified residential treatment program from occurring at 35 the same time as another hearing scheduled for such respondent, includ- 36 ing but not limited to the respondent's permanency hearing, provided 37 such approval is completed within sixty days of the start of such place- 38 ment. 39 § 5. Section 355.5 of the family court act is amended by adding a new 40 subdivision 10 to read as follows: 41 10. Where the respondent remains placed in a qualified residential 42 treatment program, as defined in section four hundred nine-h of the 43 social services law, the commissioner of the local social services 44 district or the office of children and family services with legal custo- 45 dy of the respondent shall submit evidence at the permanency hearing 46 with respect to the respondent: 47 (a) demonstrating that ongoing assessment of the strengths and needs 48 of the respondent cannot be met through placement in a foster family 49 home, that the placement in a qualified residential treatment program 50 provides the most effective and appropriate level of care for the 51 respondent in the least restrictive environment, and that the placement 52 is consistent with the short-term and long-term goals for the respond- 53 ent, as specified in the respondent's permanency plan; 54 (b) documenting the specific treatment and service needs that will be 55 met for the respondent in the placement and the length of time the 56 respondent is expected to need the treatment or services; andS. 2506--C 50 A. 3006--C 1 (c) documenting the efforts made by the local social services district 2 or the office of children and family services with legal custody of the 3 respondent to prepare the respondent to return home, or to be placed 4 with a fit and willing relative, legal guardian or adoptive parent, or 5 in a foster family home. 6 § 6. Section 756-a of the family court act is amended by adding a new 7 subdivision (h) to read as follows: 8 (h) Where the respondent remains placed in a qualified residential 9 treatment program, as defined in section four hundred nine-h of the 10 social services law, the commissioner of the local social services 11 district with legal custody of the respondent shall submit evidence at 12 the permanency hearing with respect to the respondent: 13 (i) demonstrating that ongoing assessment of the strengths and needs 14 of the respondent continues to support the determination that the needs 15 of the respondent cannot be met through placement in a foster family 16 home, that the placement in a qualified residential treatment program 17 provides the most effective and appropriate level of care for the 18 respondent in the least restrictive environment, and that the placement 19 is consistent with the short-term and long-term goals of the respondent, 20 as specified in the respondent's permanency plan; 21 (ii) documenting the specific treatment or service needs that will be 22 met for the respondent in the placement and the length of time the 23 respondent is expected to need the treatment or services; and 24 (iii) documenting the efforts made by the local social services 25 district with legal custody of the respondent to prepare the respondent 26 to return home, or to be placed with a fit and willing relative, legal 27 guardian or adoptive parent, or in a foster family home. 28 § 7. The family court act is amended by adding a new section 756-b to 29 read as follows: 30 § 756-b. Court review of placement in a qualified residential treat- 31 ment program. 1. The provisions of this section shall apply when a 32 respondent is placed on or after September twenty-ninth, two thousand 33 twenty-one and resides in a qualified residential treatment program, as 34 defined in section four hundred nine-h of the social services law, and 35 whose care and custody were transferred to a local social services 36 district in accordance with this part. 37 2. (a) When a respondent is in the care and custody of a local social 38 services district pursuant to this part, such social services district 39 shall report any anticipated placement of the respondent into a quali- 40 fied residential treatment program, as defined in section four hundred 41 nine-h of the social services law, to the court and the attorneys for 42 the parties, including the attorney for the respondent, forthwith, but 43 not later than one business day following either the decision to place 44 the respondent in the qualified residential treatment program or the 45 actual date the placement change occurred, whichever is sooner. Such 46 notice shall indicate the date that the initial placement or change in 47 placement is anticipated to occur or the date the placement change 48 occurred, as applicable. Provided, however, if such notice lists an 49 anticipated date for the placement change, the local social services 50 district shall subsequently notify the court and the attorneys for the 51 parties, including the attorney for the respondent, of the date the 52 placement change occurred; such notice shall occur no later than one 53 business day following the placement change. 54 (b) When a respondent whose legal custody was transferred to a local 55 social services district in accordance with this part resides in a qual- 56 ified residential treatment program, as defined in section four hundredS. 2506--C 51 A. 3006--C 1 nine-h of the social services law, and where such respondent's initial 2 placement or change in placement in such qualified residential treatment 3 program commenced on or after September twenty-ninth, two thousand twen- 4 ty-one, upon receipt of notice required pursuant to paragraph (a) of 5 this subdivision and motion of the local social services district, the 6 court shall schedule a court review to make an assessment and determi- 7 nation of such placement in accordance with subdivision three of this 8 section. Notwithstanding any other provision of law to the contrary, 9 such court review shall occur no later than sixty days from the date the 10 placement of the respondent in the qualified residential treatment 11 program commenced. 12 3. (a) Within sixty days of the start of a placement of a respondent 13 referenced in subdivision one of this section in a qualified residential 14 treatment program, the court shall: 15 (i) Consider the assessment, determination and documentation made by 16 the qualified individual pursuant to section four hundred nine-h of the 17 social services law; 18 (ii) Determine whether the needs of the respondent can be met through 19 placement in a foster family home and, if not, whether placement of the 20 respondent in a qualified residential treatment program provides the 21 most effective and appropriate level of care for the respondent in the 22 least restrictive environment and whether that placement is consistent 23 with the short-term and long-term goals for the respondent as specified 24 in the respondent's permanency plan; and 25 (iii) Approve or disapprove the placement of the respondent in a qual- 26 ified residential treatment program. Provided that, where the qualified 27 individual determines that the placement of the respondent in a quali- 28 fied residential treatment program is not appropriate in accordance with 29 the assessment required pursuant to section four hundred nine-h of the 30 social services law, the court may only approve the placement of the 31 respondent in the qualified residential treatment program if: 32 (A) the court finds, and states in the written order that: 33 (1) circumstances exist that necessitate the continued placement of 34 the respondent in the qualified residential treatment program; 35 (2) there is not an alternative setting available that can meet the 36 respondent's needs in a less restrictive environment; and 37 (3) that it would be contrary to the welfare of the respondent to be 38 placed in a less restrictive setting and that continued placement in the 39 qualified residential treatment program is in the respondent's best 40 interest; and 41 (B) the court's written order states the specific reasons why the 42 court has made the findings required pursuant to clause (A) of this 43 subparagraph. 44 (iv) Nothing herein shall prohibit the court from considering other 45 relevant and necessary information to make a determination. 46 (b) At the conclusion of the review, if the court disapproves place- 47 ment of the respondent in a qualified residential treatment program the 48 court shall, on its own motion, determine a schedule for the return of 49 the respondent and direct the local social services district to make 50 such other arrangements for the respondent's care and welfare that is in 51 the best interest of the respondent and in the most effective and least 52 restrictive setting as the facts of the case may require. If a new 53 placement order is necessary due to restrictions in the existing govern- 54 ing placement order, the court may issue a new order. 55 4. The court may, on its own motion, or the motion of any of the 56 parties or the attorney for the respondent, proceed with the courtS. 2506--C 52 A. 3006--C 1 review required pursuant to this section on the basis of the written 2 records received and without a hearing. Provided however, the court may 3 only proceed with the court review without a hearing pursuant to this 4 subdivision upon the consent of all parties. Provided further, in the 5 event that the court conducts the court review requirement pursuant to 6 this section but does not conduct it in a hearing, the court shall issue 7 a written order specifying any determinations made pursuant to clause 8 (A) of subparagraph (iii) of paragraph (a) of subdivision three of this 9 section and provide such written order to the parties and the attorney 10 for the respondent expeditiously, but no later than five days. 11 5. Documentation of the court's determination pursuant to this section 12 shall be recorded in the respondent's case record. 13 6. Nothing in this section shall prohibit the court's review of a 14 placement in a qualified residential treatment program from occurring at 15 the same time as another hearing scheduled for such respondent, includ- 16 ing but not limited to the respondent's permanency hearing, provided 17 such approval is completed within sixty days of the start of such place- 18 ment. 19 § 8. The opening paragraph of subdivision 5 of section 1017 of the 20 family court act is designated paragraph (a) and a new paragraph (b) is 21 added to read as follows: 22 (b) When a child whose legal custody was transferred to the commis- 23 sioner of a local social services district in accordance with this 24 section resides in a qualified residential treatment program, as defined 25 in section four hundred nine-h of the social services law, and where 26 such child's initial placement or change in placement in such program 27 commenced on or after September twenty-ninth, two thousand twenty-one, 28 upon receipt of notice required pursuant to paragraph (a) of this subdi- 29 vision and motion of the local social services district, the court shall 30 schedule a court review to make an assessment and determination of such 31 placement in accordance with section one thousand fifty-five-c of this 32 article. Notwithstanding any other provision of law to the contrary, 33 such court review shall occur no later than sixty days from the date the 34 placement of the child in the qualified residential treatment program 35 commenced. 36 § 9. The opening paragraph of subdivision (j) of section 1055 of the 37 family court act is designated paragraph (i) and a new paragraph (ii) is 38 added to read as follows: 39 (ii) When a child whose legal custody was transferred to the commis- 40 sioner of a local social services district in accordance with this 41 section resides in a qualified residential treatment program, as defined 42 in section four hundred nine-h of the social services law, and where 43 such child's initial placement or change in placement in such program 44 commenced on or after September twenty-ninth, two thousand twenty-one, 45 upon receipt of notice required pursuant to paragraph (i) of this subdi- 46 vision and motion of the local social services district, the court shall 47 schedule a court review to make an assessment and determination of such 48 placement in accordance with section one thousand fifty-five-c of this 49 part. Notwithstanding any other provision of law to the contrary, such 50 court review shall occur no later than sixty days from the date the 51 placement of the child in the qualified residential treatment program 52 commenced. 53 § 10. The family court act is amended by adding a new section 1055-c 54 to read as follows: 55 § 1055-c. Court review of placement in a qualified residential treat- 56 ment program. 1. The provisions of this section shall apply when a childS. 2506--C 53 A. 3006--C 1 is placed on or after September twenty-ninth, two thousand twenty-one 2 and resides in a qualified residential treatment program, as defined in 3 section four hundred nine-h of the social services law, and whose care 4 and custody were transferred to the commissioner of a local social 5 services district in accordance with this article. 6 2. Within sixty days of the start of a placement of a child referenced 7 in subdivision one of this section in a qualified residential treatment 8 program, the court shall: 9 (a) Consider the assessment, determination, and documentation made by 10 the qualified individual pursuant to section four hundred nine-h of the 11 social services law; 12 (b) Determine whether the needs of the child can be met through place- 13 ment in a foster family home and, if not, whether placement of the child 14 in a qualified residential treatment program provides the most effective 15 and appropriate level of care for the child in the least restrictive 16 environment and whether that placement is consistent with the short-term 17 and long-term goals for the child, as specified in the child's permanen- 18 cy plan; and 19 (c) Approve or disapprove the placement of the child in a qualified 20 residential treatment program. Provided that, where the qualified indi- 21 vidual determines that the placement of the child in a qualified resi- 22 dential treatment program is not appropriate in accordance with the 23 assessment required pursuant to section four hundred nine-h of the 24 social services law, the court may only approve the placement of the 25 child in the qualified residential treatment program if: 26 (i) the court finds, and states in the written order that: 27 (A) circumstances exist that necessitate the continued placement of 28 the child in the qualified residential treatment program; 29 (B) there is not an alternative setting available that can meet the 30 child's needs in a less restrictive environment; and 31 (C) that continued placement in the qualified residential treatment 32 program is in the child's best interest; and 33 (ii) the court's written order states the specific reasons why the 34 court has made the findings required pursuant to subparagraph (i) of 35 this paragraph. 36 (d) Nothing herein shall prohibit the court from considering other 37 relevant and necessary information to make a determination. 38 3. At the conclusion of the review, if the court disapproves placement 39 of the child in a qualified residential treatment program the court 40 shall, on its own motion, determine a schedule for the return of the 41 child and direct the local social services district to make such other 42 arrangements for the child's care and welfare that is in the best inter- 43 est of the child and in the most effective and least restrictive setting 44 as the facts of the case may require. If a new placement order is neces- 45 sary due to restrictions in the existing governing placement order, the 46 court may issue a new order. 47 4. The court may, on its own motion, or the motion of any of the 48 parties or the attorney for the child, proceed with the court review 49 required pursuant to this section on the basis of the written records 50 received and without a hearing. Provided however, the court may only 51 proceed with the court review without a hearing pursuant to this subdi- 52 vision upon the consent of all parties. Provided further, in the event 53 that the court conducts the court review requirement pursuant to this 54 section but does not conduct it in a hearing, the court shall issue a 55 written order specifying any determinations made pursuant to subpara- 56 graph (i) of paragraph (c) of subdivision two of this section andS. 2506--C 54 A. 3006--C 1 provide such written order to the parties and the attorney for the child 2 expeditiously, but no later than five days. 3 5. Documentation of the court's determination pursuant to this section 4 shall be recorded in the child's case record. 5 6. Nothing in this section shall prohibit the court's review of a 6 placement in a qualified residential treatment program from occurring at 7 the same time as another hearing scheduled for such child, including but 8 not limited to the child's permanency hearing, provided such approval is 9 completed within sixty days of the start of such placement. 10 § 11. Clause (C) of subparagraph (ix) of paragraph 5 of subdivision 11 (c) of section 1089 of the family court act, as added by section 27 of 12 part A of chapter 3 of the laws of 2005, is amended, and a new paragraph 13 6 is added to read as follows: 14 (C) if the child is over age fourteen and has voluntarily withheld his 15 or her consent to an adoption, the facts and circumstances regarding the 16 child's decision to withhold consent and the reasons therefor[.]; and 17 (6) Where the child remains placed in a qualified residential treat- 18 ment program, as defined in section four hundred nine-h of the social 19 services law, the commissioner of the social services district with 20 legal custody of the child shall submit evidence at the permanency hear- 21 ing with respect to the child: 22 (i) demonstrating that ongoing assessment of the strengths and needs 23 of the child continues to support the determination that the needs of 24 the child cannot be met through placement in a foster family home, that 25 the placement in a qualified residential treatment program provides the 26 most effective and appropriate level of care for the child in the least 27 restrictive environment, and that the placement is consistent with the 28 short-term and long-term goals for the child, as specified in the 29 child's permanency plan; 30 (ii) documenting the specific treatment or service needs that will be 31 met for the child in the placement and the length of time the child is 32 expected to need the treatment or services; and 33 (iii) documenting the efforts made by the local social services 34 district to prepare the child to return home, or to be placed with a fit 35 and willing relative, legal guardian or adoptive parent, or in a foster 36 family home. 37 § 12. The opening paragraph of clause (H) of subparagraph (vii) of 38 paragraph 2 of subdivision (d) of section 1089 of the family court act 39 is designated item (I) and a new item (II) is added to read as follows: 40 (II) When a child whose legal custody was transferred to the commis- 41 sioner of a local social services district in accordance with this 42 section resides in a qualified residential treatment program as defined 43 in section four hundred nine-h of the social services law and where such 44 child's initial placement or change in placement in such program 45 commenced on or after September twenty-ninth, two thousand twenty-one, 46 upon receipt of notice required pursuant to item (I) of this clause and 47 motion of the local social services district, the court shall schedule a 48 court review to make an assessment and determination of such placement 49 in accordance with section three hundred ninety-three of the social 50 services law or section one thousand fifty-five-c, one thousand ninety- 51 one-a or one thousand ninety-seven of this chapter. Notwithstanding any 52 other provision of law to the contrary, such court review shall occur no 53 later than sixty days from the date the placement of the child in the 54 qualified residential treatment program commenced. 55 § 13. The family court act is amended by adding a new section 1091-a 56 to read as follows:S. 2506--C 55 A. 3006--C 1 § 1091-a. Court review of placement in a qualified residential treat- 2 ment program. 1. The provisions of this section shall apply when a 3 former foster care youth is placed on or after September twenty-ninth, 4 two thousand twenty-one, and resides in a qualified residential treat- 5 ment program, as defined in section four hundred nine-h of the social 6 services law, and whose care and custody were transferred to a local 7 social services district or the office of children and family services 8 in accordance with this article. 9 2. (a) When a former foster care youth is in the care and custody of a 10 local social services district or the office of children and family 11 services pursuant to this article, such social services district or 12 office shall report any anticipated placement of the former foster care 13 youth into a qualified residential treatment program, as defined in 14 section four hundred nine-h of the social services law, to the court and 15 the attorneys for the parties, including the attorney for the former 16 foster care youth, forthwith, but not later than one business day 17 following either the decision to place the former foster care youth in 18 the qualified residential treatment program or the actual date the 19 placement change occurred, whichever is sooner. Such notice shall indi- 20 cate the date that the initial placement or change in placement is 21 anticipated to occur or the date the placement change occurred, as 22 applicable. Provided, however, if such notice lists an anticipated date 23 for the placement change, the local social services district or office 24 shall subsequently notify the court and attorneys for the parties, 25 including the attorney for the former foster care youth, of the date the 26 placement change occurred; such notice shall occur no later than one 27 business day following the placement change. 28 (b) When a former foster care youth whose legal custody was trans- 29 ferred to a local social services district or the office of children and 30 family services in accordance with this article resides in a qualified 31 residential treatment program, as defined in section four hundred nine-h 32 of the social services law, and where such former foster care youth's 33 initial placement or change in placement in such qualified residential 34 treatment program commenced on or after September twenty-ninth, two 35 thousand twenty-one, upon receipt of notice required pursuant to para- 36 graph (a) of this subdivision and motion of the local social services 37 district, the court shall schedule a court review to make an assessment 38 and determination of such placement in accordance with subdivision three 39 of this section. Notwithstanding any other provision of law to the 40 contrary, such court review shall occur no later than sixty days from 41 the date the placement of the former foster care youth in the qualified 42 residential treatment program commenced. 43 3. Within sixty days of the start of a placement of a former foster 44 care youth referenced in subdivision one of this section in a qualified 45 residential treatment program, the court shall: 46 (a) Consider the assessment, determination, and documentation made by 47 the qualified individual pursuant to section four hundred nine-h of the 48 social services law; 49 (b) Determine whether the needs of the former foster care youth can be 50 met through placement in a foster family home and, if not, whether 51 placement of the former foster care youth in a qualified residential 52 treatment program provides the most effective and appropriate level of 53 care for the former foster care youth in the least restrictive environ- 54 ment and whether that placement is consistent with the short-term and 55 long-term goals for the former foster care youth, as specified in the 56 former foster care youth's permanency plan; andS. 2506--C 56 A. 3006--C 1 (c) Approve or disapprove the placement of the former foster care 2 youth in a qualified residential treatment program. Provided that, where 3 the qualified individual determines that the placement of the former 4 foster care youth in a qualified residential treatment program is not 5 appropriate in accordance with the assessment required pursuant to 6 section four hundred nine-h of the social services law, the court may 7 only approve the placement of the former foster care youth in the quali- 8 fied residential treatment program if: 9 (i) the court finds, and states in the written order that: 10 (A) circumstances exist that necessitate the continued placement of 11 the former foster care youth in the qualified residential treatment 12 program; 13 (B) there is not an alternative setting available that can meet the 14 former foster care youth's needs in a less restrictive environment; and 15 (C) that continued placement in the qualified residential treatment 16 program is in the former foster care youth's best interest; and 17 (ii) the court's written order states the specific reasons why the 18 court has made the findings required pursuant to subparagraph (i) of 19 this paragraph. 20 (d) Nothing herein shall prohibit the court from considering other 21 relevant and necessary information to make a determination. 22 4. At the conclusion of the review, if the court disapproves placement 23 of the former foster care youth in a qualified residential treatment 24 program the court shall, on its own motion, determine a schedule for the 25 return of the former foster care youth and direct the local social 26 services district or office of children and family services, as applica- 27 ble, to make such other arrangements for the former foster care youth's 28 care and welfare that is in the best interest of the former foster care 29 youth and in the most effective and least restrictive setting as the 30 facts of the case may require. If a new placement order is necessary due 31 to restrictions in the existing governing placement order, the court may 32 issue a new order. 33 5. The court may, on its own motion, or the motion of any of the 34 parties or the attorney for the former foster care youth, proceed with 35 the court review required pursuant to this section on the basis of the 36 written records received and without a hearing. Provided however, the 37 court may only proceed with the court review without a hearing pursuant 38 to this subdivision upon the consent of all parties. Provided further, 39 in the event that the court conducts the court review requirement pursu- 40 ant to this section but does not conduct it in a hearing, the court 41 shall issue a written order specifying any determinations made pursuant 42 to subparagraph (i) of paragraph (c) of subdivision three of this 43 section and provide such written order to the parties and the attorney 44 for the former foster care youth expeditiously, but no later than five 45 days. 46 6. Documentation of the court's determination pursuant to this section 47 shall be recorded in the former foster care youth's case record. 48 7. Nothing in this section shall prohibit the court's review of a 49 placement in a qualified residential treatment program from occurring at 50 the same time as another hearing scheduled for such former foster care 51 youth, including but not limited to the former foster care youth's 52 permanency hearing, provided such approval is completed within sixty 53 days of the start of such placement. 54 § 14. The family court act is amended by adding a new section 1097 to 55 read as follows:S. 2506--C 57 A. 3006--C 1 § 1097. Court review of placement in a qualified residential treatment 2 program. 1. The provisions of this section shall apply when a child is 3 placed on or after September twenty-ninth, two thousand twenty-one, and 4 resides in a qualified residential treatment program, as defined in 5 section four hundred nine-h of the social services law, and whose care 6 and custody were transferred to a local social services district in 7 accordance with this article. 8 2. (a) When a child is in the care and custody of a local social 9 services district pursuant to this article, such social services 10 district shall report any anticipated placement of the child into a 11 qualified residential treatment program, as defined in section four 12 hundred nine-h of the social services law, to the court and the attor- 13 neys for the parties, including the attorney for the child, forthwith, 14 but not later than one business day following either the decision to 15 place the child in the qualified residential treatment program or the 16 actual date the placement change occurred, whichever is sooner. Such 17 notice shall indicate the date that the initial placement or change in 18 placement is anticipated to occur or the date the placement change 19 occurred, as applicable. Provided, however, if such notice lists an 20 anticipated date for the placement change, the local social services 21 district shall subsequently notify the court and attorneys for the 22 parties, including the attorney for the child, of the date the placement 23 change occurred, such notice shall occur no later than one business day 24 following the placement change. 25 (b) When a child whose legal custody was transferred to a local social 26 services district in accordance with this article resides in a qualified 27 residential treatment program, as defined in section four hundred nine-h 28 of the social services law, and where such child's initial placement or 29 change in placement in such qualified residential treatment program 30 commenced on or after September twenty-ninth, two thousand twenty-one, 31 upon receipt of notice required pursuant to paragraph (a) of this subdi- 32 vision and motion of the local social services district, the court shall 33 schedule a court review to make an assessment and determination of such 34 placement in accordance with subdivision three of this section. Notwith- 35 standing any other provision of law to the contrary, such court review 36 shall occur no later than sixty days from the date the placement of the 37 child in the qualified residential treatment program commenced. 38 3. Within sixty days of the start of a placement of a child referenced 39 in subdivision one of this section in a qualified residential treatment 40 program, the court shall: 41 (a) Consider the assessment, determination, and documentation made by 42 the qualified individual pursuant to section four hundred nine-h of the 43 social services law; 44 (b) Determine whether the needs of the child can be met through place- 45 ment in a foster family home and, if not, whether placement of the child 46 in a qualified residential treatment program provides the most effective 47 and appropriate level of care for the child in the least restrictive 48 environment and whether that placement is consistent with the short-term 49 and long-term goals for the child, as specified in the child's permanen- 50 cy plan; and 51 (c) Approve or disapprove the placement of the child in the qualified 52 residential treatment program. Provided that, where the qualified indi- 53 vidual determines that the placement of the child in a qualified resi- 54 dential treatment program is not appropriate in accordance with the 55 assessment required pursuant to section four hundred nine-h of theS. 2506--C 58 A. 3006--C 1 social services law, the court may only approve the placement of the 2 child in the qualified residential treatment program if: 3 (i) the court finds, and states in the written order that: 4 (A) circumstances exist that necessitate the continued placement of 5 the child in the qualified residential treatment program; 6 (B) there is not an alternative setting available that can meet the 7 child's needs in a less restrictive environment; and 8 (C) that continued placement in the qualified residential treatment 9 program is in the child's best interest; and 10 (ii) the court's written order states the specific reasons why the 11 court has made the findings required pursuant to subparagraph (i) of 12 this paragraph. 13 (d) Nothing herein shall prohibit the court from considering other 14 relevant and necessary information to make a determination. 15 4. At the conclusion of the review, if the court disapproves placement 16 of the child in a qualified residential treatment program the court 17 shall, on its own motion, determine a schedule for the return of the 18 child and direct the local social services district to make such other 19 arrangements for the child's care and welfare that is in the best inter- 20 est of the child and in the most effective and least restrictive setting 21 as the facts of the case may require. If a new placement order is neces- 22 sary due to restrictions in the existing governing placement order, the 23 court may issue a new order. 24 5. The court may, on its own motion, or the motion of any of the 25 parties or the attorney for the child, proceed with the court review 26 required pursuant to this section on the basis of the written records 27 received and without a hearing. Provided however, the court may only 28 proceed with the court review without a hearing pursuant to this subdi- 29 vision upon the consent of all parties. Provided further, in the event 30 that the court conducts the court review requirement pursuant to this 31 section but does not conduct it in a hearing, the court shall issue a 32 written order specifying any determinations made pursuant to subpara- 33 graph (i) of paragraph (c) of subdivision three of this section and 34 provide such written order to the parties and the attorney for the child 35 expeditiously, but no later than five days. 36 6. Documentation of the court's determination pursuant to this section 37 shall be recorded in the child's case record. 38 7. Nothing in this section shall prohibit the court's review of a 39 placement in a qualified residential treatment program from occurring at 40 the same time as another hearing scheduled for such child, including but 41 not limited to the child's permanency hearing, provided such approval is 42 completed within sixty days of the start of such placement. 43 § 15. The office of children and family services, beginning one year 44 after the effective date of this act and annually thereafter, shall make 45 the following information publicly available on its website: 46 1. the total number of youth placed in a qualified residential treat- 47 ment program whose placement was determined to be inappropriate; 48 2. the total number of youth placed in a qualified residential treat- 49 ment program whose placement was determined to be appropriate; and 50 3. any other information the office deems appropriate to assess the 51 effectiveness of the implementation of the family first prevention 52 services act. 53 § 16. Severability. If any clause, sentence, paragraph, section or 54 part of this act shall be adjudged by any court of competent jurisdic- 55 tion to be invalid and after exhaustion of all further judicial review, 56 the judgment shall not affect, impair or invalidate the remainder there-S. 2506--C 59 A. 3006--C 1 of, but shall be confined in its operation to the clause, sentence, 2 paragraph, section or part of this act directly involved in the contro- 3 versy in which the judgment shall have been rendered. 4 § 17. This act shall take effect September 29, 2021; provided, howev- 5 er, that the provisions of section fifteen of this act shall expire and 6 be deemed repealed December 31, 2026; and provided, further, that: 7 (a) (i) notwithstanding any other provision of law, provisions in this 8 act shall not take effect unless and until the state title IV-E agency 9 submits to the United States Department of Health and Human Services, 10 Administration for Children, Youth and Families, an amendment to the 11 title IV-E state plan and the United States Department of Health and 12 Human Services, Administration for Children, Youth and Families approves 13 said title IV-E state plan amendment regarding when a child is placed in 14 a qualified residential treatment program in relation to the following 15 components: (1) the qualified individual and the establishment of the 16 assessment by the qualified individual to be completed prior to or with- 17 in 30-days of the child's placement as established by section three of 18 this act; (2) the 60 day court reviews, including the ability to conduct 19 at the same time as another hearing scheduled for the child, as estab- 20 lished by sections one, two, four, seven, eight, nine, ten, twelve, 21 thirteen and fourteen of this act; and (3) permanency hearing require- 22 ments as established by sections five, six and eleven of this act; 23 (ii) provided however, that if the United States Department of Health 24 and Human Services, Administration for Children, Youth and Families 25 fails to approve or disapproves any of the components listed in para- 26 graph (i) of this subdivision, such action shall not impact the effec- 27 tive date for the remaining components listed therein; 28 (b) the office of children and family services shall inform the legis- 29 lative bill drafting commission upon the occurrence of the submission 30 set forth in subdivision (a) of this section and any approval related 31 thereto in order that the commission may maintain an effective and time- 32 ly database of the official texts of the state of laws of New York in 33 furtherance of effectuating the provisions of section 44 of the legisla- 34 tive law and section 70-b of the public officers law; 35 (c) for the purposes of this act, the term "placement" shall refer 36 only to placements made on or after the effective date of the Title IV-E 37 state plan to establish the 30-day assessment, 60-day court review and 38 permanency hearing requirements set forth in this act that occur on or 39 after its effective date; and 40 (d) the office of children and family services and the office of court 41 administration are hereby authorized to promulgate such rules and regu- 42 lations on an emergency basis as may be necessary to implement the 43 provisions of this act on or before such effective date. 44 PART M 45 Intentionally Omitted 46 PART N 47 Intentionally Omitted 48 PART O 49 Section 1. Notwithstanding any other provision of law, the housing 50 trust fund corporation may provide, for purposes of the neighborhoodS. 2506--C 60 A. 3006--C 1 preservation program, a sum not to exceed $12,830,000 for the fiscal 2 year ending March 31, 2022. Within this total amount, $150,000 shall be 3 used for the purpose of entering into a contract with the neighborhood 4 preservation coalition to provide technical assistance and services to 5 companies funded pursuant to article 16 of the private housing finance 6 law. Notwithstanding any other provision of law, and subject to the 7 approval of the New York state director of the budget, the board of 8 directors of the state of New York mortgage agency shall authorize the 9 transfer to the housing trust fund corporation, for the purposes of 10 reimbursing any costs associated with neighborhood preservation program 11 contracts authorized by this section, a total sum not to exceed 12 $12,830,000, such transfer to be made from (i) the special account of 13 the mortgage insurance fund created pursuant to section 2429-b of the 14 public authorities law, in an amount not to exceed the actual excess 15 balance in the special account of the mortgage insurance fund, as deter- 16 mined and certified by the state of New York mortgage agency for the 17 fiscal year 2020-2021 in accordance with section 2429-b of the public 18 authorities law, if any, and/or (ii) provided that the reserves in the 19 project pool insurance account of the mortgage insurance fund created 20 pursuant to section 2429-b of the public authorities law are sufficient 21 to attain and maintain the credit rating (as determined by the state of 22 New York mortgage agency) required to accomplish the purposes of such 23 account, the project pool insurance account of the mortgage insurance 24 fund, such transfer to be made as soon as practicable but no later than 25 June 30, 2021. 26 § 2. Notwithstanding any other provision of law, the housing trust 27 fund corporation may provide, for purposes of the rural preservation 28 program, a sum not to exceed $5,360,000 for the fiscal year ending March 29 31, 2022. Within this total amount, $150,000 shall be used for the 30 purpose of entering into a contract with the rural housing coalition to 31 provide technical assistance and services to companies funded pursuant 32 to article 17 of the private housing finance law. Notwithstanding any 33 other provision of law, and subject to the approval of the New York 34 state director of the budget, the board of directors of the state of New 35 York mortgage agency shall authorize the transfer to the housing trust 36 fund corporation, for the purposes of reimbursing any costs associated 37 with rural preservation program contracts authorized by this section, a 38 total sum not to exceed $5,360,000, such transfer to be made from (i) 39 the special account of the mortgage insurance fund created pursuant to 40 section 2429-b of the public authorities law, in an amount not to exceed 41 the actual excess balance in the special account of the mortgage insur- 42 ance fund, as determined and certified by the state of New York mortgage 43 agency for the fiscal year 2020-2021 in accordance with section 2429-b 44 of the public authorities law, if any, and/or (ii) provided that the 45 reserves in the project pool insurance account of the mortgage insurance 46 fund created pursuant to section 2429-b of the public authorities law 47 are sufficient to attain and maintain the credit rating (as determined 48 by the state of New York mortgage agency) required to accomplish the 49 purposes of such account, the project pool insurance account of the 50 mortgage insurance fund, such transfer to be made as soon as practicable 51 but no later than June 30, 2021. 52 § 3. Notwithstanding any other provision of law, the homeless housing 53 and assistance corporation may provide, for services and expenses 54 related to homeless housing and preventative services programs including 55 but not limited to the New York state supportive housing program, the 56 solutions to end homelessness program or the operational support forS. 2506--C 61 A. 3006--C 1 AIDS housing program, or to qualified grantees under such programs, in 2 accordance with the requirements of such programs, a sum not to exceed 3 $45,181,000 for the fiscal year ending March 31, 2022. The homeless 4 housing and assistance corporation may enter into an agreement with the 5 office of temporary and disability assistance to administer such sum in 6 accordance with the requirements of such programs. Notwithstanding any 7 other provision of law, and subject to the approval of the New York 8 state director of the budget, the board of directors of the state of New 9 York mortgage agency shall authorize the transfer to the homeless hous- 10 ing and assistance corporation, a total sum not to exceed $45,181,000, 11 such transfer to be made from (i) the special account of the mortgage 12 insurance fund created pursuant to section 2429-b of the public authori- 13 ties law, in an amount not to exceed the actual excess balance in the 14 special account of the mortgage insurance fund, as determined and certi- 15 fied by the state of New York mortgage agency for the fiscal year 2020- 16 2021 in accordance with section 2429-b of the public authorities law, if 17 any, and/or (ii) provided that the reserves in the project pool insur- 18 ance account of the mortgage insurance fund created pursuant to section 19 2429-b of the public authorities law are sufficient to attain and main- 20 tain the credit rating as determined by the state of New York mortgage 21 agency, required to accomplish the purposes of such account, the project 22 pool insurance account of the mortgage insurance fund, such transfer 23 shall be made as soon as practicable but no later than March 31, 2022. 24 § 4. Notwithstanding any other provision of law, the homeless housing 25 and assistance corporation may provide, for purposes of reimbursing New 26 York city expenditures for adult shelters, a sum not to exceed 27 $65,568,000 for the fiscal year ending March 31, 2022. Notwithstanding 28 any other inconsistent provision of law, such funds shall be available 29 for eligible costs incurred on or after January 1, 2021, and before 30 January 1, 2022, that are otherwise reimbursable by the state on or 31 after April 1, 2021, and that are claimed by March 31, 2022. Such 32 reimbursement shall constitute total state reimbursement for activities 33 funded herein in state fiscal year 2021-2022, and shall include 34 reimbursement for costs associated with a court mandated plan to improve 35 shelter conditions for medically frail persons and additional costs 36 incurred as part of a plan to reduce over-crowding in congregate shel- 37 ters. The homeless housing and assistance corporation may enter into an 38 agreement with the office of temporary and disability assistance to 39 administer such sum in accordance with the laws, rules or regulations 40 relating to public assistance and care or the administration thereof. 41 Notwithstanding any other provision of law, and subject to the approval 42 of the New York state director of the budget, and the authorization by 43 the members of the state of New York housing finance agency, the state 44 of New York housing finance agency shall transfer to the homeless hous- 45 ing and assistance corporation, a total sum not to exceed $65,568,000, 46 such transfer to be made from excess funds of the housing finance agen- 47 cy, not pledged to the payment of the agency's outstanding bonds. Such 48 transfer shall be made as soon as practicable but no later than March 49 31, 2022. 50 § 5. This act shall take effect immediately. 51 PART P 52 Section 1. Paragraphs (a), (b), (c), and (d) of subdivision 1 of 53 section 131-o of the social services law, as amended by section 1 ofS. 2506--C 62 A. 3006--C 1 part K of chapter 56 of the laws of 2020, are amended to read as 2 follows: 3 (a) in the case of each individual receiving family care, an amount 4 equal to at least [$150.00] $152.00 for each month beginning on or after 5 January first, two thousand [twenty] twenty-one. 6 (b) in the case of each individual receiving residential care, an 7 amount equal to at least [$174.00] $176.00 for each month beginning on 8 or after January first, two thousand [twenty] twenty-one. 9 (c) in the case of each individual receiving enhanced residential 10 care, an amount equal to at least [$207.00] $210.00 for each month 11 beginning on or after January first, two thousand [twenty] twenty-one. 12 (d) for the period commencing January first, two thousand [twenty-one] 13 twenty-two, the monthly personal needs allowance shall be an amount 14 equal to the sum of the amounts set forth in subparagraphs one and two 15 of this paragraph: 16 (1) the amounts specified in paragraphs (a), (b) and (c) of this 17 subdivision; and 18 (2) the amount in subparagraph one of this paragraph, multiplied by 19 the percentage of any federal supplemental security income cost of 20 living adjustment which becomes effective on or after January first, two 21 thousand [twenty-one] twenty-two, but prior to June thirtieth, two thou- 22 sand [twenty-one] twenty-two, rounded to the nearest whole dollar. 23 § 2. Paragraphs (a), (b), (c), (d), (e), and (f) of subdivision 2 of 24 section 209 of the social services law, as amended by section 2 of part 25 K of chapter 56 of the laws of 2020, are amended to read as follows: 26 (a) On and after January first, two thousand [twenty] twenty-one, for 27 an eligible individual living alone, [$870.00] $881.00; and for an 28 eligible couple living alone, [$1,279.00] $1,295.00. 29 (b) On and after January first, two thousand [twenty] twenty-one, for 30 an eligible individual living with others with or without in-kind 31 income, [$806.00] $817.00; and for an eligible couple living with others 32 with or without in-kind income, [$1,221.00] $1,237.00. 33 (c) On and after January first, two thousand [twenty] twenty-one, (i) 34 for an eligible individual receiving family care, [$1,049.48] $1,060.48 35 if he or she is receiving such care in the city of New York or the coun- 36 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 37 couple receiving family care in the city of New York or the county of 38 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 39 in subparagraph (i) of this paragraph; or (iii) for an eligible individ- 40 ual receiving such care in any other county in the state, [$1,011.48] 41 $1,022.48; and (iv) for an eligible couple receiving such care in any 42 other county in the state, two times the amount set forth in subpara- 43 graph (iii) of this paragraph. 44 (d) On and after January first, two thousand [twenty] twenty-one, (i) 45 for an eligible individual receiving residential care, [$1,218.00] 46 $1,229.00 if he or she is receiving such care in the city of New York or 47 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 48 eligible couple receiving residential care in the city of New York or 49 the county of Nassau, Suffolk, Westchester or Rockland, two times the 50 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 51 eligible individual receiving such care in any other county in the 52 state, [$1,188.00] $1,199.00; and (iv) for an eligible couple receiving 53 such care in any other county in the state, two times the amount set 54 forth in subparagraph (iii) of this paragraph. 55 (e) On and after January first, two thousand [twenty] twenty-one, (i) 56 for an eligible individual receiving enhanced residential care,S. 2506--C 63 A. 3006--C 1 [$1,477.00] $1,488.00; and (ii) for an eligible couple receiving 2 enhanced residential care, two times the amount set forth in subpara- 3 graph (i) of this paragraph. 4 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 5 vision shall be increased to reflect any increases in federal supple- 6 mental security income benefits for individuals or couples which become 7 effective on or after January first, two thousand [twenty-one] twenty- 8 two but prior to June thirtieth, two thousand [twenty-one] twenty-two. 9 § 3. This act shall take effect December 31, 2021. 10 PART Q 11 Section 1. Section 82 of the state finance law, as added by chapter 12 375 of the laws of 2018, is amended to read as follows: 13 § 82. Gifts to food banks fund. 1. There is hereby established in the 14 sole custody of the commissioner of taxation and finance a special fund 15 to be known as the "gifts to food banks fund". Monies in the fund shall 16 be kept separate from and not commingled with other funds held in the 17 sole custody of the commissioner of taxation and finance. 18 2. Such fund shall consist of all revenues received by the department 19 of taxation and finance pursuant to the provisions of section six 20 hundred twenty-five-a of the tax law and all other money appropriated, 21 credited, or transferred thereto from any other fund or source pursuant 22 to law. Nothing in this section shall prevent the state from receiving 23 grants, gifts or bequests for the purposes of the fund as defined in 24 this section and depositing them into the fund according to law. 25 3. Monies of the fund shall, after appropriation by the legislature, 26 be made available to the [office of temporary and disability assistance] 27 department of health for grants to regional food banks, organized to 28 serve specific regions of the state, that generally collect and redis- 29 tribute food donations to organizations serving persons in need. Monies 30 shall be payable from the fund by the commissioner of taxation and 31 finance on vouchers approved by the commissioner of [temporary and disa-32bility assistance] health. The commissioner of [temporary and disability33assistance] health shall promulgate rules and regulations necessary for 34 the distribution of such grants. 35 4. To the extent practicable, the commissioner of [the office of36temporary and disability assistance] health shall ensure that all monies 37 received during a fiscal year are expended prior to the end of that 38 fiscal year. 39 5. On or before the first day of February each year, the comptroller 40 shall certify to the governor, temporary president of the senate, speak- 41 er of the assembly, chair of the senate finance committee and chair of 42 the assembly ways and means committee, the amount of money deposited in 43 the gifts to food banks fund during the preceding calendar year as the 44 result of revenue derived pursuant to section six hundred twenty-five-a 45 of the tax law. 46 6. On or before the first day of February each year, the commissioner 47 of [the office of temporary and disability assistance] health shall 48 provide a written report to the temporary president of the senate, 49 speaker of the assembly, chair of the senate finance committee, chair of 50 the assembly ways and means committee, chair of the senate committee on 51 social services, chair of the assembly social services committee, and 52 the public. Such report shall include how the monies of the fund were 53 utilized during the preceding calendar year and shall include: 54 (a) the amount of money [dispersed] disbursed from the fund;S. 2506--C 64 A. 3006--C 1 (b) the recipients of awards from the fund; 2 (c) the amount awarded to each recipient; 3 (d) the purposes for which such awards were granted; and 4 (e) a summary financial plan for such monies which shall include esti- 5 mates of all receipts and all disbursements for the current and succeed- 6 ing fiscal years, along with the actual results from the prior fiscal 7 year. 8 § 2. This act shall take effect immediately. 9 PART R 10 Intentionally Omitted 11 PART S 12 Intentionally Omitted 13 PART T 14 Intentionally Omitted 15 PART U 16 Section 1. Section 577 of the private housing finance law is amended 17 by adding a new subdivision 2-a to read as follows: 18 2-a. Notwithstanding any inconsistent provision of law to the contra- 19 ry, a project of a housing development fund company incorporated pursu- 20 ant to the not-for-profit corporation law and this article shall be 21 exempt from the sales and compensating use taxes imposed pursuant to 22 article twenty-eight or twenty-nine of the tax law, provided that such 23 housing development fund company has entered into a regulatory agreement 24 with respect to the provision of affordable housing with the commission- 25 er, a state agency or authority as defined in this chapter, the New York 26 city department of housing preservation and development, or the New York 27 city housing development corporation, and such tax exemption shall 28 continue only so long as such agreement is in force and effect. 29 § 2. This act shall take effect immediately and shall apply to 30 projects that are the subject of regulatory agreements that have been 31 entered into with the commissioner, a state agency or authority as 32 defined in this chapter, the New York city department of housing preser- 33 vation and development, or the New York city housing development corpo- 34 ration on or after January 1, 2019. 35 PART V 36 Intentionally Omitted 37 PART W 38 Intentionally OmittedS. 2506--C 65 A. 3006--C 1 PART X 2 Intentionally Omitted 3 PART Y 4 Intentionally Omitted 5 PART Z 6 Section 1. Subdivision 8 of section 410-w of the social services law, 7 as added by chapter 144 of the laws of 2015, is amended to read as 8 follows: 9 8. Notwithstanding any other provision of law, rule or regulations to 10 the contrary, a social services district that implements a plan amend- 11 ment to the child care portion of its child and family services plan, 12 either as part of an annual plan update, or through a separate plan 13 amendment process, where such amendment reduces eligibility for, or 14 increases the family share percentage of, families receiving child care 15 services, or that implements the process for closing child care cases as 16 set forth in the district's approved child and family services plan, due 17 to the district determining that it cannot maintain its current caseload 18 because all of the available funds are projected to be needed for open 19 cases, shall provide all families whose eligibility for child care 20 assistance or family share percentage will be impacted by such action 21 with at least thirty days prior written notice of the action. Provided, 22 however, that a family receiving assistance pursuant to this title shall 23 not be required to contribute more than ten percent of their income 24 exceeding the federal poverty level. 25 § 2. Subdivision 6 of section 410-x of the social services law, as 26 added by section 52 of part B of chapter 436 of the laws of 1997, is 27 amended to read as follows: 28 6. Pursuant to department regulations, child care assistance shall be 29 provided on a sliding fee basis based upon the family's ability to pay; 30 provided, however, that a family receiving assistance pursuant to this 31 title shall not be required to contribute more than ten percent of their 32 income exceeding the federal poverty level. 33 § 3. This act shall take effect immediately and shall expire and be 34 deemed repealed three years after such date. 35 PART AA 36 Section 1. Legislative findings and intent. The legislature finds that 37 the transition to the green economy and creating good paying jobs are 38 not mutually exclusive priorities for New York State. In order to make 39 this transition and achieve the ambitious goals set forth in the Climate 40 Leadership and Community Protection Act, a clear focus on prioritizing 41 renewable energy sources is necessary. However, the workers who will 42 build the infrastructure of the green economy must not be left behind. 43 Setting clear standards for job quality will ensure the creation of good 44 jobs, protect workers in the ongoing transition of our energy sector, 45 and result in positive economic impacts. In addition to workers engaged 46 directly in the renewable energy sector, New Yorkers have experienced 47 widespread unemployment as a result of the pandemic. According to theS. 2506--C 66 A. 3006--C 1 New York State Department of Labor, as of January 2021 New York has paid 2 over $61 billion in unemployment benefits to 4 million workers. New 3 manufacturing and supply chain jobs are a necessary element of any 4 pandemic recovery. Due to such findings, the legislature hereby 5 declares that the mandate of prevailing wage or project labor agreements 6 for construction work performed in connection with the installation of 7 renewable energy systems and its Buy American preference provided in 8 this bill will ensure that workers are central to New York State's tran- 9 sition to the green economy and its pandemic recovery plan. 10 § 2. The labor law is amended by adding a new section 224-d to read as 11 follows: 12 § 224-d. Wage requirements for certain renewable energy systems. 1. 13 For purposes of this section, a "covered renewable energy system" means 14 a renewable energy system, as such term is defined in section 15 sixty-six-p of the public service law, with a capacity of greater than 16 five megawatts alternating current and which involves the procurement of 17 renewable energy credits by a public entity, or a third party acting on 18 behalf and for the benefit of a public entity. 19 2. Notwithstanding the provisions of section two hundred twenty-four-a 20 of this article, a covered renewable energy system shall be subject to 21 prevailing wage requirements in accordance with sections two hundred 22 twenty and two hundred twenty-b of this article. Provided that a renewa- 23 ble energy system defined in section sixty-six-p of the public service 24 law which is not considered to be covered by this section, may still 25 otherwise be considered a "covered project" pursuant to section two 26 hundred twenty-four-a of this article if it meets such definition. 27 3. For purposes of this section, a covered renewable energy system 28 shall exclude construction work performed under a pre-hire collective 29 bargaining agreement between an owner or contractor and a bona fide 30 building and construction trade labor organization which has established 31 itself, and/or its affiliates, as the collective bargaining represen- 32 tative for all persons who will perform work on such a project, and 33 which provides that only contractors and subcontractors who sign a pre- 34 negotiated agreement with the labor organization can perform work on 35 such a project, or construction work performed under a labor peace 36 agreement, project labor agreement, or any other construction work 37 performed under an enforceable agreement between an owner or contractor 38 and a bona fide building and construction trade labor organization. 39 4. For purposes of this section, the "fiscal officer" shall be deemed 40 to be the commissioner. The enforcement of any covered renewable energy 41 system pursuant to this section shall be subject to the requirements of 42 sections two hundred twenty, two hundred twenty-a, two hundred twenty-b, 43 two hundred twenty-three, two hundred twenty-four-b, and two hundred 44 twenty-seven of this chapter and within the jurisdiction of the fiscal 45 officer; provided, however, nothing contained in this section shall be 46 deemed to construe any covered renewable energy system as otherwise 47 being considered public work pursuant to this article. 48 5. The fiscal officer may issue rules and regulations governing the 49 provisions of this section. Violations of this section shall be grounds 50 for determinations and orders pursuant to section two hundred twenty-b 51 of this article. 52 6. Each owner and developer subject to the requirements of this 53 section shall comply with the objectives and goals of certified minority 54 and women-owned business enterprises pursuant to article fifteen-A of 55 the executive law and certified service-disabled veteran-owned busi- 56 nesses pursuant to article seventeen-B of the executive law. The depart-S. 2506--C 67 A. 3006--C 1 ment in consultation with the directors of the division of minority and 2 women's business development and of the division of service-disabled 3 veterans' business development shall make training and resources avail- 4 able to assist minority and women-owned business enterprises and 5 service-disabled veteran-owned business enterprises on covered renewable 6 energy systems to achieve and maintain compliance with prevailing wage 7 requirements. The department shall make such training and resources 8 available online and shall afford minority and women-owned business 9 enterprises and service-disabled veteran-owned business enterprises an 10 opportunity to submit comments on such training. 11 7. a. The fiscal officer shall report to the governor, the temporary 12 president of the senate, and the speaker of the assembly by July first, 13 two thousand twenty-two, and annually thereafter, on the participation 14 of minority and women-owned business enterprises in relation to covered 15 renewable energy systems subject to the provisions of this section as 16 well as the diversity practices of contractors and subcontractors 17 employing laborers, workers, and mechanics on such projects. 18 b. Such reports shall include aggregated data on the utilization and 19 participation of minority and women-owned business enterprises, the 20 employment of minorities and women in construction-related jobs on such 21 projects, and the commitment of contractors and subcontractors on such 22 projects to adopting practices and policies that promote diversity with- 23 in the workforce. The reports shall also examine the compliance of 24 contractors and subcontractors with other equal employment opportunity 25 requirements and anti-discrimination laws, in addition to any other 26 employment practices deemed pertinent by the commissioner. 27 c. The fiscal officer may require any owner or developer to disclose 28 information on the participation of minority and women-owned business 29 enterprises and the diversity practices of contractors and subcontrac- 30 tors involved in the performance of any covered renewable energy system. 31 It shall be the duty of the fiscal officer to consult and to share such 32 information in order to effectuate the requirements of this section. 33 § 2-a. The public service law is amended by adding a new section 66-r 34 to read as follows: 35 § 66-r. Requirements for certain renewable energy systems. 1. For the 36 purposes of this section, a "covered renewable energy system" means 37 a renewable energy system, as such term is defined in section 38 sixty-six-p of this article, with a capacity of greater than five mega- 39 watts alternating current and which involves the procurement of renewa- 40 ble energy credits by a public entity, or a third party acting on behalf 41 and for the benefit of a public entity. 42 2. For purposes of this section, "public entity" shall include, but 43 shall not be limited to, the state, a local development corporation as 44 defined in subdivision eight of section eighteen hundred one of the 45 public authorities law or section fourteen hundred eleven of the 46 not-for-profit corporation law, a municipal corporation as defined in 47 section one hundred nineteen-n of the general municipal law, an 48 industrial development agency formed pursuant to article eighteen-A of 49 the general municipal law or industrial development authorities formed 50 pursuant to article eight of the public authorities law, and any state, 51 local or interstate or international authorities as defined in section 52 two of the public authorities law; and shall include any trust created 53 by any such entities. 54 3. The commission shall require that the owner of the covered renewa- 55 ble energy system, or a third party acting on the owner's behalf, as an 56 ongoing condition of any renewable energy credits agreement with aS. 2506--C 68 A. 3006--C 1 public entity, shall stipulate to the fiscal officer that it will enter 2 into a labor peace agreement with at least one bona fide labor organiza- 3 tion either where such bona fide labor organization is actively repres- 4 enting employees providing necessary operations and maintenance services 5 for the renewable energy system at the time of such agreement or upon 6 notice by a bona fide labor organization that is attempting to represent 7 employees who will provide necessary operations and maintenance services 8 for the renewable energy system employed in the state. The maintenance 9 of such a labor peace agreement shall be an ongoing material condition 10 of any continuation of payments under a renewable energy credits agree- 11 ment. For purposes of this section "labor peace agreement" means an 12 agreement between an entity and labor organization that, at a minimum, 13 protects the state's proprietary interests by prohibiting labor organ- 14 izations and members from engaging in picketing, work stoppages, 15 boycotts, and any other economic interference with the relevant renewa- 16 ble energy system. "Renewable energy credits agreement" shall mean any 17 public entity contract that provides production-based payments to a 18 renewable energy project as defined in this section. 19 4.(a) Any public entity, in each contract for construction, recon- 20 struction, alteration, repair, improvement or maintenance of a covered 21 renewable energy system which involves the procurement of a renewable 22 energy credits agreement by a public entity, or a third party acting on 23 behalf and for the benefit of a public entity, the "public work" for the 24 purposes of this subdivision, shall ensure that such contract shall 25 contain a provision that the iron and structural steel used or supplied 26 in the performance of the contract or any subcontract thereto and that 27 is permanently incorporated into the public work, shall be produced or 28 made in whole or substantial part in the United States, its territories 29 or possessions. In the case of a structural iron or structural 30 steel product all manufacturing must take place in the United States, 31 from the initial melting stage through the application of coatings, 32 except metallurgical processes involving the refinement of steel addi- 33 tives. For the purposes of this subdivision, "permanently incorpo- 34 rated" shall mean an iron or steel product that is required to remain in 35 place at the end of the project contract, in a fixed location, 36 affixed to the public work to which it was incorporated. Iron and steel 37 products that are capable of being moved from one location to anoth- 38 er are not permanently incorporated into a public work. 39 (b) The provisions of paragraph (a) of this subdivision shall not 40 apply if the head of the department or agency constructing the public 41 works, in his or her sole discretion, determines that the provisions 42 would not be in the public interest, would result in unreasonable costs, 43 or that obtaining such steel or iron in the United States would increase 44 the cost of the contract by an unreasonable amount, or such iron or 45 steel, including without limitation structural iron and structural steel 46 cannot be produced or made in the United States in sufficient and 47 reasonably available quantities and of satisfactory quality. The head of 48 the department or agency constructing the public works shall include 49 this determination in an advertisement or solicitation of a request for 50 proposal, invitation for bid, or solicitation of proposal, or any other 51 method provided for by law or regulation for soliciting a response from 52 offerors intending to result in a contract pursuant to this subdivision. 53 The provisions of paragraph (a) of this subdivision shall not apply for 54 equipment purchased by a covered renewable energy system prior to the 55 effective date of this chapter.S. 2506--C 69 A. 3006--C 1 (c) The head of the department or agency constructing the public works 2 may, at his or her sole discretion, provide for a solicitation of a 3 request for proposal, invitation for bid, or solicitation of proposal, 4 or any other method provided for by law or regulation for soliciting a 5 response from offerors intending to result in a contract pursuant to 6 this paragraph involving a competitive process in which the evaluation 7 of competing bids gives significant consideration in the evaluation 8 process to the procurement of equipment and supplies from businesses 9 located in New York state. 10 5. Whenever changes are proposed to any public procurement process 11 involving the program described in subdivision two of this section, the 12 commission shall make simultaneous recommendations to the temporary 13 president of the senate and speaker of the assembly, regarding necessary 14 changes to this section, if any, in meeting the goals outlined in the 15 legislative findings and intent of the chapter by which this section was 16 enacted. 17 § 2-b. Section 66-p of the public service law, as added by chapter 705 18 of the laws of 2019, is renumbered section 66-q. 19 § 3. Paragraph b of subdivision 4 of section 224-a of the labor law, 20 as added by section 1 of part FFF of chapter 58 of the laws of 2020, is 21 amended to read as follows: 22 b. Construction work performed under a contract with a not-for-profit 23 corporation as defined in section one hundred two of the not-for-profit 24 corporation law, other than a not-for-profit corporation formed exclu- 25 sively for the purpose of holding title to property and collecting 26 income thereof or any public entity as defined in this section, where 27 the not-for-profit corporation has gross annual revenue and support less 28 than five million dollars; 29 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 30 sion, or section of this act shall be adjudged by any court of competent 31 jurisdiction to be invalid, such judgment shall not affect, impair, or 32 invalidate the remainder thereof, but shall be confined in its operation 33 to the clause, sentence, paragraph, subdivision, or section thereof 34 directly involved in the controversy in which such judgment shall have 35 been rendered. It is hereby declared to be the intent of the legislature 36 that this act would have been enacted even if such invalid provisions 37 had not been included herein. 38 § 5. This act shall take effect on October 1, 2021 and shall apply to 39 any covered renewable energy project awarded a contract from an adver- 40 tisement or a solicitation of a request for proposal, invitation for 41 bid, or solicitation of proposal, or any other method provided for by 42 law or regulation for soliciting a response from offerors intending to 43 result in a contract that is issued on or after the effective date of 44 this act; provided, however, that section three of this act shall take 45 effect on the same date and in the same manner as section 1 of part FFF 46 of chapter 58 of the laws of 2020, takes effect. 47 PART BB 48 Section 1. This Part enacts into law major components of legislation 49 in relation to establishing a COVID-19 emergency rental assistance 50 program. Each component is wholly contained within a Subpart identified 51 as Subparts A and B. The effective date for each particular provision 52 contained within such Subpart is set forth in the last section of such 53 Subpart. Any provision in any section contained within a Subpart, 54 including the effective date of the Subpart, which makes reference to aS. 2506--C 70 A. 3006--C 1 section of "this act", when used in connection with that particular 2 component, shall be deemed to mean and refer to the corresponding 3 section of the Subpart in which it is found. Section two contains a 4 severability clause for all provisions contained in each Subpart of this 5 Part. Section three of this act sets forth the general effective date of 6 this Part. 7 SUBPART A 8 Section 1. The COVID-19 emergency rental assistance program of 2021 is 9 enacted to read as follows: 10 COVID-19 EMERGENCY RENTAL ASSISTANCE PROGRAM OF 2021 11 Section 1. Short title. 12 2. Definitions. 13 3. Authority to implement emergency rental and utility assist- 14 ance. 15 4. Distribution. 16 5. Eligibility. 17 6. Application. 18 7. Documentation. 19 8. Restrictions on eviction. 20 9. Payments. 21 10. No repayment and assistance not considered income. 22 11. Notice to tenants in eviction proceedings. 23 12. Outreach. 24 13. Fair housing obligations. 25 14. Reports by the commissioner. 26 Section 1. Short title. This act shall be known and may be cited as 27 the "COVID-19 emergency rental assistance program of 2021". 28 § 2. Definitions. For the purposes of this act, the following terms 29 shall have the following meanings: 30 1. "Commissioner" shall mean the commissioner of the state office of 31 temporary and disability assistance. 32 2. "Federal emergency rental assistance program" shall mean the emer- 33 gency rental assistance funding issued pursuant to section 501 of the 34 Consolidated Appropriations Act of 2021, Pub L. 116-260 § 501, and 35 section 3201 of the American Rescue Plan Act of 2021, Pub.L. 117-2 § 36 3201 as well as any other federal funds made available for the purposes 37 defined herein. 38 3. "Rent burdened household" shall mean a household for which the 39 monthly rental obligation is 30% or more of the household's gross month- 40 ly income. 41 4. "Income", unless otherwise required by federal law or policies, 42 shall mean income from all sources of each member of the household, 43 including all wages, tips, overtime, salary, recurring gifts, returns on 44 investments, social security payments, child support payments, unemploy- 45 ment benefits, any benefit, payment or cash grant whose purpose is to 46 assist with rental payments, any payments whose purpose is to replace 47 lost income, and any other government benefit or cash grant. The term 48 shall not include: income from children under 18 years of age, employ- 49 ment income from individuals 18 years of age or older who are full-time 50 students and are eligible to be claimed as dependents pursuant to inter- 51 nal revenue service regulations, foster care payments, public assist- 52 ance, sporadic gifts, groceries provided by persons not living in the 53 household, supplemental nutrition assistance program benefits, home 54 energy assistance program benefits, the earned income tax credit, otherS. 2506--C 71 A. 3006--C 1 income required to be excluded by law, or designated by the commission- 2 er. 3 5. "Manufactured home tenant" shall have the same meaning as defined 4 by section 233 of the real property law. 5 6. "Municipal corporation" shall mean a municipal corporation, as 6 defined in section 2 of the general municipal law, that has received 7 federal allocations from the United States treasury for emergency rental 8 assistance authorized pursuant to the Consolidated Appropriations Act of 9 2021 and the American Rescue Plan Act of 2021, and any other federal 10 funds made available for the purposes defined herein. 11 7. "Occupant" shall have the same meaning as defined in section 235-f 12 of the real property law. 13 8. "Office" shall mean the state office of temporary and disability 14 assistance. 15 9. "Rent" shall mean rent as defined by section 702 of the real prop- 16 erty actions and proceedings law. 17 10. "Rental arrears" shall mean unpaid rent owed to the landlord that 18 accrued on or after March 13, 2020. 19 11. "Utility arrears" shall mean unpaid payments to providers of 20 utility services accrued on or after March 13, 2020, for separately- 21 stated electricity and gas costs. 22 12. "Small landlord" shall mean any person or entity that owns a 23 building of twenty or fewer units. 24 § 3. Authority to implement emergency rental and utility assistance. 25 1. The commissioner is hereby authorized and directed to implement, as 26 soon as practicable, a program of rental and utility assistance for 27 those eligible pursuant to section five of this act. 28 2. Such program shall be funded with: (a) emergency rental assistance 29 funds received by the state from the Federal Emergency Rental Assistance 30 Program and any other federal funds made available for that purpose; and 31 (b) any state funds appropriated for such program. 32 3. The commissioner shall develop and promulgate a form outlining the 33 obligations of each municipal corporation that chooses to participate in 34 the statewide program. Those municipal corporations who choose to 35 participate shall remit such form to the office of temporary and disa- 36 bility assistance within 10 business days from the date of issuance. At 37 such time that the municipal corporation has affirmed their partic- 38 ipation, upon receipt of the completed form by the office of temporary 39 and disability assistance and the director of the budget, and the feder- 40 al department of the treasury, the municipal corporation shall remit 41 their allocation of funds to the state in such manner as determined by 42 the division of the budget. Provided, after the office has acknowledged 43 receipt of the completed form, residents of such municipality shall be 44 entitled to benefit from funds made available for this purpose, subject 45 to the continued availability of funds. 46 4. The commissioner may adopt, on an emergency basis pursuant to 47 subdivision 6 of section 220 of the state administrative procedure act, 48 any rules necessary to carry out the provisions of this article. 49 5. The commissioner may delegate the administration of any portions of 50 this program to any state agency, city, county, town, contractor or 51 non-profit organization in accordance with the provisions of this arti- 52 cle and applicable federal requirements. 53 § 4. Distribution. The commissioner shall work to ensure an equitable 54 distribution of funds throughout the state, excluding administrative 55 funds. For the first 30 days beginning with the first day that the 56 office begins accepting applications, the commissioner shall ensure, toS. 2506--C 72 A. 3006--C 1 the extent practicable, that the allocation of funds from this program 2 for households outside the city of New York is no less than 35% of emer- 3 gency rental assistance funds available to the state of New York. After 4 the 30 day priority period has ended, all applications shall be proc- 5 essed on a rolling basis. 6 § 5. Eligibility. The commissioner shall establish standards for 7 determining eligibility for such program, consistent with the following: 8 1. (a) A household, regardless of immigration status, shall be eligi- 9 ble for emergency rental assistance, or both rental assistance and util- 10 ity assistance. Such household shall be eligible if it: 11 (i) is a tenant or occupant obligated to pay rent in their primary 12 residence in the state of New York, including both tenants and occupants 13 of dwelling units and manufactured home tenants, provided however that 14 occupants of federal or state funded subsidized public housing authori- 15 ties or other federal or state funded subsidized housing that limits the 16 household's share of the rent to a set percentage of income shall only 17 be eligible to the extent that funds are remaining after serving all 18 other eligible populations; 19 (ii) includes an individual who has qualified for unemployment or 20 experienced a reduction in household income, incurred significant costs, 21 or experienced other financial hardship due, directly or indirectly, to 22 the COVID-19 outbreak; 23 (iii) demonstrates a risk of experiencing homelessness or housing 24 instability; and 25 (iv) has a household income at or below 80% of the area median income, 26 adjusted for household size. 27 (b) Nothing in this subdivision shall preclude a recipient of public 28 assistance from being eligible for emergency rental or utility assist- 29 ance under this program. 30 2. For the purposes of this program, income may be considered: 31 (a) the household's total income for calendar year 2020; or 32 (b) the household's monthly income at the time of application for such 33 assistance. 34 3. The commissioner shall establish priority in processing applica- 35 tions and allocating funds under this program. Such priority shall at a 36 minimum prioritize households whose income does not exceed 50% of the 37 area median income adjusted for household size and households who have 38 one or more individuals who are unemployed as of the date of the appli- 39 cation for assistance and have not been employed for the 90 days preced- 40 ing such date. 41 4. The commissioner shall also grant priority for those who meet any 42 of the following criteria: 43 (a) households who are tenants of mobile homes or mobile home parks 44 whose arrears have accrued for the land on which the mobile home is 45 located; 46 (b) households who include one or more individuals from a vulnerable 47 population, including, but not limited to, victims of domestic violence, 48 survivors of human trafficking, or veterans; 49 (c) households who have eviction cases that are pending; 50 (d) households who are residing in communities that were dispropor- 51 tionately impacted by the COVID-19 pandemic in a methodology to be 52 determined by the commissioner; 53 (e) households who reside in a building or development of twenty or 54 fewer units owned by a small landlord as defined in section one of this 55 act; andS. 2506--C 73 A. 3006--C 1 (f) provided further that any priority granted pursuant to this subdi- 2 vision shall not supersede the priority granted pursuant to subdivision 3 three of this section. 4 5. Pursuant to subdivisions three and four of this section, the 5 commissioner shall prioritize applications received by the date and time 6 of application for 30 days beginning the first day the office accepts 7 rental assistance applications in the following sequence: 8 (a) households with income that does not exceed 50% of area median 9 income for the household and have a member in one of the priority groups 10 in subdivision 4 of this section; 11 (b) households with income that does not exceed 50% of area median 12 income for the household and does not have a member in one of the prior- 13 ity groups in subdivision 4 of this section; 14 (c) households with income that does not exceed 80% of area median 15 income for the household and have a member in one of the priority groups 16 in subdivision 4 of this section; and 17 (d) households with income that does not exceed 80% of area median 18 income for the household and does not have a member in one of the prior- 19 ity groups in subdivision 4 of this section. 20 6. After the 30 day priority period has ended, all applications shall 21 be processed on a rolling basis. 22 7. To the extent feasible, no rental assistance provided pursuant to 23 this act shall be duplicative of assistance for rent or rental arrears 24 previously received or currently being received by the household. 25 8. An individual full-time college student or a household consisting 26 exclusively of full-time college students is ineligible for this program 27 unless each individual in the household shall not be claimed as a 28 dependent by their parents or legal guardians pursuant to internal 29 revenue service regulations in the most recent tax year. 30 9. (a) Those households who have been determined eligible for rental 31 and utility arrears assistance through the emergency rental assistance 32 program and who have not received a corresponding benefit through the 33 home energy assistance program are eligible for utility arrears relief 34 in accordance with procedures established by the state public service 35 commission in consultation with the office of temporary and disability 36 assistance. Notwithstanding any provision of law to the contrary, 37 employees, agents, contractors and officers of the office of temporary 38 and disability assistance and employees and officers of the department 39 of public service shall be allowed and are directed to share and 40 exchange information regarding utility arrears assistance pursuant to 41 this section, including information regarding households seeking such 42 assistance and the information used by the department of public service 43 to determine the amount of utility arrears that has been waived. 44 (b) Any documentation or information provided to the department of 45 public service employees, its agents, contractors and officers in 46 accordance with this subdivision shall be upon the consent of the appli- 47 cant. 48 § 6. Application. 1. As soon as practicable, the commissioner shall 49 make an application for the program available on the office of temporary 50 and disability assistance's website. The application shall be available 51 online in English, Spanish, Chinese, Russian, Korean, Yiddish, Haitian 52 (French Creole), Bengali, and, to the extent practicable, other commonly 53 used languages. The commissioner shall enable application assistance to 54 be offered via telephone and make accommodations for those who are hear- 55 ing or visually impaired, with referral to a community based organiza- 56 tion as deemed necessary.S. 2506--C 74 A. 3006--C 1 2. Each municipal corporation shall designate not-for-profit organiza- 2 tions or local government staff that shall assist households in applying 3 for assistance. Such organizations and staff shall be permitted to file 4 applications on behalf of such households. 5 3. Any party, or their designee, that may be eligible to receive funds 6 under this program may initiate an application. Regardless of whether a 7 landlord, owner, tenant or occupant initiates an application, such land- 8 lord or owner shall be required to: 9 (a) use any payments received pursuant to this article solely to 10 satisfy the tenant's full rental obligations to the landlord or owner 11 for the time period covered by the payment; 12 (b) provide the office of temporary and disability assistance with 13 necessary information and documentation to facilitate payments; and 14 (c) keep confidential any information or documentation from or about 15 the tenant or occupant acquired pursuant to this application process. 16 4. (a) Documentation of immigration status shall not be requested as 17 part of the emergency rental assistance program. 18 (b) Any documentation or information provided to the statewide appli- 19 cation, eligibility worker, hotline or community based organization, or 20 obtained in the course of administering the emergency rental assistance 21 program or any other assistance program shall be kept confidential and 22 shall only be used for the purposes of determining eligibility, for 23 program administration, avoiding duplication of assistance, and other 24 uses consistent with State and federal law. 25 (c) Any portion of any record retained by the commissioner in relation 26 to an application pursuant to this chapter that contains the photo image 27 or identifies the social security number, telephone number, place of 28 birth, country of origin, place of employment, school or educational 29 institution attended, source of income, status as a recipient of public 30 benefits, the customer identification number associated with a public 31 utilities account, medical information or disability information of the 32 holder of, or applicant for, is not a public record and shall not be 33 disclosed in response to any request for records except: (i) to the 34 person who is the subject of such records; or (ii) where necessary to 35 comply with State and federal law. 36 5. Upon receipt of an application and to the extent practicable, the 37 commissioner shall make available a means by which an application 38 submitted by a tenant, a landlord, or both jointly can be tracked by 39 either the tenant or the landlord, regardless of who submitted such 40 application. 41 6. Self-attestation shall be considered to be acceptable documentation 42 to the extent permissible by federal law and relevant guidance; provided 43 further that attestation of a person with knowledge of the household's 44 circumstances shall be considered to be acceptable documentation to the 45 extent permissible by federal law and relevant guidance. 46 § 7. Documentation. The commissioner shall establish procedures that 47 are appropriate and necessary to assure that information necessary to 48 determine eligibility provided by households applying for or receiving 49 assistance under this article is complete and accurate. Additionally, 50 the commissioner shall establish procedures to ensure flexibility when 51 determining acceptable documentation. 52 § 8. Restrictions on eviction. Eviction proceedings for a holdover or 53 expired lease, or non-payment of rent or utilities that would be eligi- 54 ble for coverage under this program shall not be commenced against a 55 household who has applied for this program unless or until a determi- 56 nation of ineligibility is made. If such eviction proceedings areS. 2506--C 75 A. 3006--C 1 commenced against a household who subsequently applies for benefits 2 under this program, all proceedings shall be stayed pending a determi- 3 nation of eligibility. Evidence of a payment received pursuant to this 4 act may be presented in such proceeding and create a presumption that 5 the tenant's or occupant's rent or utility obligation for the time peri- 6 od covered by the payment has been fully satisfied. 7 § 9. Payments. 1. Payments shall be made for rental payments or rental 8 and utility arrears accrued on or after March 13, 2020. No more than 12 9 months of rental and/or utility assistance for arrears and 3 months of 10 prospective rental assistance may be paid on behalf of any eligible 11 household. Provided, however that only rent burdened households shall be 12 eligible to receive prospective rent payments. 13 2. (a) The rental assistance shall be paid directly to the landlord of 14 the dwelling unit or manufactured home park occupied by the household 15 for the total amount of qualified rental arrears and prospective rental 16 assistance pursuant to subdivision one of this section. Utility assist- 17 ance shall be paid directly to the utility provider. 18 (b) Prior to making an eligibility determination, the commissioner or 19 the commissioner's designee shall undertake reasonable efforts to obtain 20 the cooperation of landlords and utility providers to accept payments 21 from this program. Such outreach may be considered complete if: (i) a 22 request for participation has been sent in writing, by mail, to the 23 landlord or utility provider and the addressee has not responded to the 24 request within 14 calendar days after mailing; or (ii) at least 3 25 attempts by phone, text, or e-mail have been made over a 10 calendar day 26 period to request the landlord's or utility provider's participation; or 27 (iii) a landlord or utility provider confirms in writing that the land- 28 lord or utility provider does not wish to participate. The outreach 29 attempts or notices to the landlord or utility provider shall be docu- 30 mented and shall be made available to the tenant. 31 (c) If a payment cannot be made directly to a landlord or owner after 32 the outreach efforts described in paragraph (b) of this subdivision, 33 funds in the amount approved for rental assistance to an otherwise 34 eligible applicant shall be available for a period of 180 days; exten- 35 sion may be provided upon determination by the commissioner of good 36 cause. When possible, both landlord or owner and tenant shall be noti- 37 fied of the provisional determination of eligibility and the landlord or 38 owner shall have a final opportunity to participate. If the landlord or 39 owner does not provide necessary information or documentation to effec- 40 tuate payment as directed before 180 days, the commissioner may reallo- 41 cate the set aside funds to serve other rental assistance program appli- 42 cants. The tenant may use such provisional determination as an 43 affirmative defense in any proceeding seeking a monetary judgment or 44 eviction brought by a landlord for the non-payment of rent accrued 45 during the same time period covered by the provisional payment for a 46 period of twelve months from the determination of provisional eligibil- 47 ity. If the landlord has not accepted such provisional payment within 48 twelve months of the determination the landlord shall be deemed to have 49 waived the amount of rent covered by such provisional payment, and shall 50 be prevented from initiating a monetary action or proceeding, or 51 collecting a judgment premised on the nonpayment of the amount of rent 52 covered by such provisional payment. 53 (d) Acceptance of payment for rent or rental arrears from this program 54 shall constitute agreement by the recipient landlord or property owner: 55 (i) that the arrears covered by this payment are satisfied and will not 56 be used as the basis for a non-payment eviction; (ii) to waive any lateS. 2506--C 76 A. 3006--C 1 fees due on any rental arrears paid pursuant to this program; (iii) to 2 not increase the monthly rent due for the dwelling unit such that it 3 shall not be greater than the amount that was due at the time of appli- 4 cation to the program for any and all months for which rental assistance 5 is received and for one year after the first rental assistance payment 6 is received; (iv) not to evict for reason of expired lease or holdover 7 tenancy any household on behalf of whom rental assistance is received 8 for 12 months after the first rental assistance payment is received, 9 unless the dwelling unit that is the subject of the lease or rental 10 agreement is located in a building that contains 4 or fewer units, in 11 which case the landlord may decline to extend the lease or tenancy if 12 the landlord intends to immediately occupy the unit for the landlord's 13 personal use as a primary residence or the use of an immediate family 14 member as a primary residence; and (v) to notify the tenant of the 15 protections established under this subdivision. 16 § 10. No repayment and assistance not considered income. Eligible 17 households shall not be expected or required to repay any assistance 18 granted through this program, except in instances of fraud perpetrated 19 by such household. Landlords shall not be expected or required to repay 20 any funds paid through this program except in instances of duplicate 21 payments or fraud perpetrated by the landlord. Assistance granted 22 through this program shall not be considered income for purposes of 23 eligibility for public benefits or other public assistance to the extent 24 allowed by law, but shall be considered a "source of income" for 25 purposes of the protections against housing discrimination provided 26 under section 296 of the human rights law. There shall be no requirement 27 for applicants to seek assistance from other sources, including charita- 28 ble contributions, in order to be eligible for assistance under this 29 program. 30 § 11. Notice to tenants in eviction proceedings. In any eviction 31 proceeding pending as of the effective date of this article and any 32 eviction proceeding filed while applications are being accepted for 33 assistance pursuant to this article, the court shall promptly make 34 available to the respondent information regarding how the respondent may 35 apply for such assistance in English, and, to the extent practicable, in 36 the respondent's primary language, if other than English. 37 § 12. Outreach. The commissioner shall ensure that extensive outreach 38 is conducted to increase awareness of this program among tenants and 39 landlords or owners. The commissioner shall require each municipal 40 corporation to target for outreach communities where the median income 41 of residents is less than 50% of the area median income for the region, 42 communities with the highest unemployment rates, and communities that 43 experienced the highest rates of COVID-19 infections during the pandem- 44 ic. The commissioner shall, to the extent practicable, partner with 45 municipal corporations in an effort to provide outreach materials in the 46 languages commonly spoken by residents of New York state as per the 47 American Community Survey from the United States Census Bureau. Munici- 48 pal recipients shall contract with community based organizations to 49 supplement the state's outreach program, providing additional applica- 50 tion assistance and outreach activities specific to their geographic 51 location. Such community based organizations shall deliver their 52 services in multiple languages and in a culturally competent manner to 53 vulnerable and/or low income populations, including populations prior- 54 itized by this program pursuant to section five of this act. 55 § 13. Fair housing obligations. Nothing in this act shall lessen or 56 abridge any fair housing obligations promulgated by the federal govern-S. 2506--C 77 A. 3006--C 1 ment, state, municipalities, localities, or any other applicable juris- 2 diction. 3 § 14. Reports by the commissioner. The office shall be required to 4 report and post information on their website, and update such informa- 5 tion at least monthly beginning 30 days from when the commissioner makes 6 an application for the program available. Such information shall include 7 but not be limited to: 8 (a) the number of municipal recipients that choose to participate in 9 the statewide program; 10 (b) the number of eligible households that received assistance under 11 this title, including the particular category of assistance which was 12 provided; 13 (c) the average amount of funding provided per eligible household 14 receiving assistance; and 15 (d) the number of households that applied for assistance. 16 § 2. The state finance law is amended by adding a new section 99-mm to 17 read as follows: 18 § 99-mm. Emergency rental assistance municipal corporation allocation 19 fund. 1. There is hereby established in the joint custody of the state 20 comptroller and the commissioner of taxation and finance a trust and 21 agency fund known as the "emergency rental assistance municipal corpo- 22 ration allocation fund." Municipal corporations, as defined in section 23 two of the general municipal law, that have received a federal allo- 24 cation from the United States treasury for emergency rental assistance 25 authorized pursuant to section 501 of the Consolidated Appropriations 26 Act of 2021, Pub.L. 116-260 § 501 and section 3201 of the American 27 Rescue Plan Act of 2021, Pub.L. 117-2 § 3201, and any other federal 28 funds made available for the same purpose and that choose to participate 29 in the statewide emergency rental assistance program pursuant to a plan 30 approved by the office of temporary and disability assistance and the 31 division of the budget, may deposit such allocations into the emergency 32 rental assistance municipal corporation fund as directed by the director 33 of the budget. 34 2. The monies of the fund shall be paid, without appropriation, to 35 provide authorized benefits to eligible households of the respective 36 municipal corporation from which monies were received in accordance with 37 subdivision one of this section. 38 § 3. This act shall take effect immediately and shall expire and be 39 deemed repealed September 30, 2025. 40 SUBPART B 41 Section 1. The tax law is amended by adding a new section 187-q to 42 read as follows: 43 § 187-q. Utility COVID-19 debt relief credit. 1. Allowance of credit. 44 A taxpayer doing business in this state that is subject to the super- 45 vision of the public service commission shall be allowed a credit 46 against the taxes imposed by this article, to be computed as hereinafter 47 provided, for the amount of debt that the taxpayer has waived in accord- 48 ance with procedures established by the public service commission that 49 was owed to the taxpayer by customers who received utility arrears 50 assistance pursuant to the chapter of the laws of two thousand twenty- 51 one that enacted this section. Provided, however, that if the taxpayer 52 is subject to tax under both sections one hundred eighty-three and one 53 hundred eighty-four of this article the amount of such credit allowable 54 against the tax imposed by such section one hundred eighty-four shall beS. 2506--C 78 A. 3006--C 1 the excess of the amount of such credit over the amount of any credit 2 allowed by this section against the tax imposed by section one hundred 3 eighty-three of this article. 4 2. Application of credit. In no event shall the credit under this 5 section be allowed in an amount that will reduce the tax payable to less 6 than the applicable minimum tax fixed by section one hundred eighty- 7 three of this article. If, however, the amount of credit allowable under 8 this section for any taxable year reduces the tax to such amount, any 9 amount of credit not deductible in such taxable year shall be treated as 10 an overpayment of tax to be refunded in accordance with the provisions 11 of section one thousand eighty-six of this chapter. Provided, however, 12 the provisions of subsection (c) of section one thousand eighty-eight of 13 this chapter notwithstanding, no interest shall be paid thereon. 14 3. Certification. No amount of waived customer debt may be the basis 15 for the credit herein unless such amount is certified by the public 16 service commission as provided herein. After consulting with the commis- 17 sioner, the public service commission shall establish procedures for 18 determining the amount of waived customer debt that may be used as a 19 basis for the tax credit allowed by this section. Such procedures shall 20 include provisions describing the application process, application due 21 dates, the documentation that will be provided by taxpayers to substan- 22 tiate the amount of customer debt that was waived by such taxpayers, the 23 process by which the public service commission shall certify to a 24 taxpayer and to the commissioner the amount of waived customer debt that 25 qualifies for the credit, and such other provisions as deemed necessary 26 and appropriate. 27 4. Timing of credit. The credit allowed by this section shall be 28 claimed in the taxable year in which the public service commission 29 certifies the amount of customer debt waived by the taxpayer that quali- 30 fies for the credit allowed by this section. 31 5. Credit recapture. If the certification made by the public service 32 commission under subdivision three of this section is revoked by the 33 public service commission, the amount of credit described in this 34 section and claimed by the taxpayer prior to that revocation shall be 35 added back to the tax in the taxable year in which such revocation 36 becomes final. 37 6. Information sharing. Notwithstanding any provision of this chapter, 38 employees and officers of the public service commission and the depart- 39 ment shall be allowed and are directed to share and exchange information 40 regarding the credits allowed, or claimed, pursuant to this section, and 41 the taxpayers who are applying for credits or who are claiming credits, 42 including information contained in or derived from credit claim forms 43 submitted to the department, and the information of the taxpayer used by 44 the department of public service to determine the amount of waived 45 customer debt. 46 § 2. This act shall take effect immediately and shall apply to taxable 47 years beginning on or after January 1, 2021. 48 § 2. Severability. If any clause, sentence, paragraph, subdivision, 49 section or subpart contained in any part of this act shall be adjudged 50 by any court of competent jurisdiction to be invalid, such judgment 51 shall not affect, impair, or invalidate the remainder thereof, but shall 52 be confined in its operation to the clause, sentence, paragraph, subdi- 53 vision, section or subpart contained in any part thereof directly 54 involved in the controversy in which such judgment shall have been 55 rendered. It is hereby declared to be the intent of the legislature thatS. 2506--C 79 A. 3006--C 1 this act would have been enacted even if such invalid provisions had not 2 been included herein. 3 § 3. This act shall take effect immediately, provided, however, that 4 the applicable effective date of Subparts A and B of this act shall be 5 as specifically set forth in the last section of such Subparts. 6 PART CC 7 Section 1. Subdivisions 3 and 4 of section 581-a of the labor law, as 8 amended by chapter 21 of the laws of 2021, are amended to read as 9 follows: 10 3. Notwithstanding the provisions of section five hundred eighty-one 11 of this title to the contrary, and for the purpose of responding to the 12 COVID-19 pandemic, any employer whose employees receive payments under 13 this article [and whose claims for unemployment insurance arise due to14the closure of the employer or a reduction in the workforce of the15employer for reasons related to the COVID-19 pandemic, or due to a16mandatory order of a government entity duly authorized to issue such17order to close such employer due to the COVID-19 pandemic,] for unem- 18 ployment claims made on or after March [twelfth] ninth, two thousand 19 twenty and through the duration of the state disaster emergency declared 20 by executive order number two hundred two of two thousand twenty and any 21 further amendments or modifications thereto, or December thirty-first 22 two thousand twenty-one, whichever is later, shall not have included in 23 their experience rating charges the amounts so paid to the employees 24 from the fund. Such charges, if not reimbursed, in whole or in part by 25 the federal government, shall be made to the general account for the 26 fund created by section five hundred fifty of this article. 27 4. The provisions of this section shall apply to an employer liable 28 for contributions or payments in lieu of contributions, but if the 29 secretary of labor of the United States finds that their application to 30 such employer does not meet the requirements of the Federal Unemployment 31 Tax Act, such provisions shall be inoperative with respect to such 32 employer, unless and until such finding has been set aside pursuant to a 33 final decision issued in accordance with such judicial review 34 proceedings as may be instituted and completed under the provisions of 35 section thirty-three hundred ten of the Federal Unemployment Tax Act. 36 § 2. Section 2 of chapter 21 of the laws of 2021, amending the labor 37 law relating to prohibiting the inclusion of claims for unemployment 38 insurance arising from the closure of an employer due to COVID-19 from 39 being included in such employer's experience rating charges, is amended 40 to read as follows: 41 § 2. This act shall take effect immediately [and shall expire December4231, 2021, when upon such date the provisions of this act shall be deemed43repealed]. 44 § 3. This act shall take effect immediately. 45 PART DD 46 Section 1. Clause (A) of subparagraph (i) of paragraph a of subdivi- 47 sion 3 of section 667 of the education law, as amended by section 1 of 48 part B of chapter 60 of the laws of 2000, item 1 as amended by section 1 49 and item 2 as amended by section 2 of part H and subitem (d) of item 1 50 as added by section 1 of part E of chapter 58 of the laws of 2011, the 51 opening paragraph of item 1 as amended by section 2 of part X of chapter 52 56 of the laws of 2014, subitem (a) of item 1 as amended by section 2,S. 2506--C 80 A. 3006--C 1 subitem (b) of item 1 as amended by section 3 and subitem (c) of item 1 2 as amended by section 1 of part U of chapter 56 of the laws of 2014, is 3 amended to read as follows: 4 (A) (1) In the case of students who have not been granted an exclusion 5 of parental income, who have qualified as an orphan, foster child, or 6 ward of the court for the purposes of federal student financial aid 7 programs authorized by Title IV of the Higher Education Act of 1965, as 8 amended, or had a dependent for income tax purposes during the tax year 9 next preceding the academic year for which application is made, except 10 for those students who have been granted exclusion of parental income 11 who have a spouse but no other dependent: 12 (a) [For students first receiving aid after nineteen hundred ninety-13three--nineteen hundred ninety-four and before two thousand--two thou-14sand one, four thousand two hundred ninety dollars; or15(b) For students first receiving aid in nineteen hundred ninety-three-16-nineteen hundred ninety-four or earlier, three thousand seven hundred17forty dollars; or18(c) For students first receiving aid in two thousand--two thousand one19and thereafter, five] Five thousand dollars, except starting in two 20 thousand fourteen-two thousand fifteen [and thereafter] such students 21 shall receive five thousand one hundred sixty-five dollars, and except 22 starting in two thousand twenty-one--two thousand twenty-two and there- 23 after such students shall receive five thousand six hundred sixty-five 24 dollars, provided however that nothing herein shall be construed as 25 increasing any award made pursuant to this section for an academic year 26 prior to two thousand twenty-one--two thousand twenty-two; or 27 [(d)] (b) For undergraduate students enrolled in a program of study at 28 a non-public degree-granting institution that does not offer a program 29 of study that leads to a baccalaureate degree, or at a registered not- 30 for-profit business school qualified for tax exemption under section 31 501(c)(3) of the internal revenue code for federal income tax purposes 32 that does not offer a program of study that leads to a baccalaureate 33 degree, four thousand dollars, except starting in two thousand twenty- 34 one--two thousand twenty-two and thereafter such students shall receive 35 four thousand five hundred dollars. Provided, however, that this subitem 36 shall not apply to students enrolled in a program of study leading to a 37 certificate or degree in nursing. 38 (2) In the case of students receiving awards pursuant to subparagraph 39 (iii) of this paragraph and those students who have been granted exclu- 40 sion of parental income who have a spouse but no other dependent[.41(a) For students first receiving aid in nineteen hundred ninety-four42--nineteen hundred ninety-five and nineteen hundred ninety-five--nine-43teen hundred ninety-six and thereafter, three thousand twenty-five44dollars, or45(b) For students first receiving aid in nineteen hundred ninety-two--46nineteen hundred ninety-three and nineteen hundred ninety-three--nine-47teen hundred ninety-four, two thousand five hundred seventy-five48dollars, or49(c) For students first receiving aid in nineteen hundred ninety-one--50nineteen hundred ninety-two or earlier, two thousand four hundred fifty51dollars] beginning in the two thousand twenty-one--two thousand twenty- 52 two academic year and thereafter, three thousand five hundred twenty- 53 five dollars, provided that nothing herein shall be construed as 54 increasing any award made for any prior academic year; or 55 § 2. Subparagraphs (i) and (ii) of paragraph b of subdivision 3 of 56 section 667 of the education law, as amended by chapter 309 of the lawsS. 2506--C 81 A. 3006--C 1 of 1996, clause (B) of subparagraph (i) as amended by section 2 of part 2 B of chapter 60 of the laws of 2000, are amended to read as follows: 3 (i) For each year of study, assistance shall be provided as computed 4 on the basis of the amount which is the lesser of the following: 5 (A) (1) [eight] one thousand three hundred dollars, or 6 (2) for students receiving awards pursuant to subparagraph (iii) of 7 this paragraph, [six] one thousand one hundred forty dollars; or 8 (B) (1) Ninety-five percent of the amount of tuition (exclusive of 9 educational fees) charged. 10 (2) For the two thousand one--two thousand two academic year and ther- 11 eafter one hundred percent of the amount of tuition (exclusive of educa- 12 tional fees). 13 (ii) Except for students as noted in subparagraph (iii) of this para- 14 graph, the base amount as determined in subparagraph (i) of this para- 15 graph, shall be reduced in relation to income as follows: 16 Amount of income Schedule of reduction 17 of base amount 18 (A) Less than seven thousand None 19 dollars 20 (B) Seven thousand dollars or Seven per centum of the excess 21 more, but less than eleven over seven thousand dollars 22 thousand dollars 23 [(C) For students first receiving aid:24(1) for the first time in academic years nineteen hundred eighty-nine-25-nineteen hundred ninety, nineteen hundred ninety-two--nineteen hundred26ninety-three and nineteen hundred ninety-three--nineteen hundred nine-27ty-four:28Amount of income Schedule of reduction of29base amount30Eleven thousand dollars or Two hundred eighty dollars plus31more but not more than forty- ten per centum of the excess32two thousand five hundred over eleven thousand dollars33dollars34(2) for the first time in academic years nineteen hundred ninety--35nineteen hundred ninety-one, nineteen hundred ninety-one--nineteen36hundred ninety-two, nineteen hundred ninety-four--nineteen hundred nine-37ty-five and thereafter:38Amount of income Schedule of reduction of39base amount40Eleven thousand dollars or Two hundred eighty dollars plus41more but not more than fifty ten per centum of the excess42thousand five hundred over eleven thousand dollars43dollars44(3) for the first time in academic years prior to academic year nine-45teen hundred eighty-nine--nineteen hundred ninety:46Amount of income Schedule of reduction ofS. 2506--C 82 A. 3006--C 1base amount2Eleven thousand dollars or Two hundred eighty dollars plus3more but not more than thirty- ten per centum of the excess over4four thousand two hundred fifty eleven thousand dollars5dollars] 6 § 3. Section 689-a of the education law, as added by chapter 260 of 7 the laws of 2011, is amended to read as follows: 8 § 689-a. Tuition credits. 1. The New York state higher education 9 services corporation shall calculate a tuition credit for each resident 10 undergraduate student who has filed an application with such corporation 11 for a tuition assistance program award pursuant to section six hundred 12 sixty-seven of this article, and is determined to be eligible to receive 13 such award, and is also enrolled in a program of undergraduate study at 14 a state operated or senior college of the state university of New York 15 or the city university of New York where the annual resident undergradu- 16 ate tuition rate will exceed [five thousand dollars] the maximum tuition 17 assistance program award pursuant to subitem (a) of item one of clause 18 (A) of subparagraph (i) of paragraph a of subdivision three of section 19 six hundred sixty-seven of this article. Such tuition credit shall be 20 calculated for each semester, quarter or term of study that tuition is 21 charged and tuition for the corresponding semester, quarter or term 22 shall not be due for any student eligible to receive such tuition credit 23 until such credit is calculated, the student and school where the 24 student is enrolled is notified of the tuition credit amount, and such 25 tuition credit is applied toward the tuition charged. 26 2. Each tuition credit pursuant to this section shall be an amount 27 equal to the product of the total annual resident undergraduate tuition 28 rate minus [five thousand dollars] the maximum tuition assistance 29 program award pursuant to subitem (a) of item one of clause (A) of 30 subparagraph (i) of paragraph a of subdivision three of section six 31 hundred sixty-seven of this article then multiplied by an amount equal 32 to the product of the total annual award for the student pursuant to 33 section six hundred sixty-seven of this article divided by an amount 34 equal to the maximum amount the student qualifies to receive pursuant to 35 clause (A) of subparagraph (i) of paragraph a of subdivision three of 36 section six hundred sixty-seven of this article. 37 § 4. Section 16 of chapter 260 of the laws of 2011 amending the educa- 38 tion law and the New York state urban development corporation act relat- 39 ing to establishing components of the NY-SUNY 2020 challenge grant 40 program, as amended by section 5 of part JJJ of chapter 59 of the laws 41 of 2017, is amended to read as follows: 42 § 16. This act shall take effect July 1, 2011; provided that sections 43 one, two, three, four, five, six, eight, nine, ten, eleven, twelve and 44 thirteen of this act shall expire [10] 13 years after such effective 45 date when upon such date the provisions of this act shall be deemed 46 repealed; and provided further that sections fourteen and fifteen of 47 this act shall expire 5 years after such effective date when upon such 48 date the provisions of this act shall be deemed repealed. 49 § 5. This act shall take effect July 1, 2021; provided, however, that 50 the amendments to section 689-a of the education law made by section 51 three of this act shall not affect the repeal of such section and shall 52 be deemed to expire therewith. 53 PART EES. 2506--C 83 A. 3006--C 1 Section 1. Section 398-a of the social services law is amended by 2 adding a new subdivision 6 to read as follows: 3 (6) (a) Any federal paycheck protection program loan forgiveness fund- 4 ing or other extraordinary federal funding, as determined by the office 5 of children and family services, received by an authorized agency as 6 defined in subdivision ten of section three hundred seventy-one of this 7 article, to the extent consistent with federal law, shall be disregarded 8 when calculating the maximum state aid rate when such funding is 9 utilized for allowable costs or expenses incurred due to the state of 10 emergency that was declared in executive order two hundred two on March 11 seventh, two thousand twenty. Allowable costs or expenses shall include 12 costs incurred due to the pandemic, as allowable pursuant to the program 13 through which such funding was received or, to the extent permitted by 14 federal law, expenses related to offsetting lost revenue due to a 15 reduction in placements that can be directly attributed to the novel 16 coronavirus (COVID-19) pandemic. 17 (b) The office of children and family services shall hold harmless the 18 prospective maximum state aid rate to the extent that extraordinary 19 federal revenue was disregarded in accordance with paragraph (a) of this 20 subdivision for the two thousand twenty-one--two thousand twenty-two 21 rate year and subsequent applicable rate years. 22 § 2. This act shall take effect immediately and shall expire and be 23 deemed repealed 5 years after such date. 24 PART FF 25 Section 1. Notwithstanding any provision of law to the contrary, in 26 accordance with section 4 of Division X of the federal Consolidated 27 Appropriations Act of 2021 (P.L. 116-260) or any successor legislation, 28 a youth may not be required to leave foster care or be found to be inel- 29 igible for title IV-E foster care maintenance payments solely due to 30 such youth's age or such youth being deemed to not have met a condition 31 of section 475(8)(B)(iv) of the federal social security act; and 32 provided further that, notwithstanding any other provision of law to the 33 contrary and in accordance with section 4 of Division X of the federal 34 Consolidated Appropriations Act of 2021 (P.L. 116-260) or any successor 35 legislation, until October 1, 2021, a youth who was previously in foster 36 care and was discharged from foster care after obtaining the age of 18, 37 on or after April 1, 2020, shall be permitted to voluntarily return to 38 and remain in foster care, as authorized by section 4 of Division X of 39 the federal Consolidated Appropriations Act of 2021 (P.L. 116-260), or 40 any such date as may be authorized pursuant to successor legislation. 41 § 2. Notwithstanding the age limitations for foster care contained in 42 articles 3, 7, 10, or 10-A of the family court act and in accordance 43 with section 4 of Division X of the federal Consolidated Appropriations 44 Act of 2021 (P.L. 116-260) or any successor legislation, youth who stay 45 in foster care beyond age 21 pursuant to this chapter shall continue to 46 have permanency hearings at the same intervals as such hearings would 47 otherwise occur if such youth remained in care and had not obtained the 48 age of 21. 49 § 3. Notwithstanding any provision of law to the contrary, in accord- 50 ance with section 4 of Division X of the federal Consolidated Appropri- 51 ations Act of 2021 (P.L. 116-260) or any successor legislation, the 52 family court shall be authorized to conduct proceedings and issue deter- 53 minations pursuant to article 10-B of the family court act without 54 regard to the youth's age or such youth being deemed to not have met aS. 2506--C 84 A. 3006--C 1 condition of section 475(8)(B)(iv) of the federal social security act 2 until October 1, 2021, or any such date as may be authorized pursuant to 3 successor legislation. Provided further, any such motions shall be 4 heard and determined on an expedited basis. 5 § 4. This act shall take effect immediately and shall expire and be 6 deemed repealed on the same date and in the same manner as the termi- 7 nation of the provisions of section 4 of Division X of the federal 8 Consolidated Appropriations Act of 2021 (P.L. 116-260), or on such later 9 date as may be provided in any successor legislation; provided that the 10 commissioner of the office of children and family services shall notify 11 the legislative bill drafting commission upon the occurrence of the 12 termination of the provisions of section 4 of Division X of the federal 13 Consolidated Appropriations Act of 2021 (P.L. 116-260) or of a later 14 date provided by successor legislation in order that the commission may 15 maintain an accurate and timely effective database of the official text 16 of the laws of the state of New York in furtherance of effectuating the 17 provisions of section 44 of the legislative law and section 70-b of the 18 public officers law. 19 PART GG 20 Section 1. Paragraph h of subdivision 2 of section 355 of the educa- 21 tion law is amended by adding a new subparagraph 4-b to read as follows: 22 (4-b) (i) In state fiscal year two thousand twenty-two--two thousand 23 twenty-three, the state shall appropriate and make available general 24 fund operating support in the amount of thirty-three percent of the 25 tuition credit calculated pursuant to section six hundred eighty-nine-a 26 of this chapter for the two thousand twenty-two--two thousand twenty- 27 three academic year. 28 (ii) In state fiscal year two thousand twenty-three--two thousand 29 twenty-four, the state shall appropriate and make available general fund 30 operating support in the amount of sixty-seven percent of the tuition 31 credit calculated pursuant to section six hundred eighty-nine-a of this 32 chapter for the two thousand twenty-three--two thousand twenty-four 33 academic year. 34 (iii) Beginning in state fiscal year two thousand twenty-four--two 35 thousand twenty-five and thereafter, the state shall appropriate and 36 make available general fund operating support in the amount of the 37 tuition credit calculated pursuant to section six hundred eighty-nine-a 38 of this chapter annually. 39 § 2. Subdivision 7 of section 6206 of the education law is amended by 40 adding a new paragraph (f) to read as follows: 41 (f) (i) In state fiscal year two thousand twenty-two--two thousand 42 twenty-three, the state shall appropriate and make available general 43 fund operating support in the amount of thirty-three percent of the 44 tuition credit calculated pursuant to section six hundred eighty-nine-a 45 of this chapter for the two thousand twenty-two--two thousand twenty- 46 three academic year. 47 (ii) In state fiscal year two thousand twenty-three--two thousand 48 twenty-four, the state shall appropriate and make available general fund 49 operating support in the amount of sixty-seven percent of the tuition 50 credit calculated pursuant to section six hundred eighty-nine-a of this 51 chapter for the two thousand twenty-three--two thousand twenty-four 52 academic year. 53 (iii) Beginning in state fiscal year two thousand twenty-four--two 54 thousand twenty-five and thereafter, the state shall appropriate andS. 2506--C 85 A. 3006--C 1 make available general fund operating support in the amount of the 2 tuition credit calculated pursuant to section six hundred eighty-nine-a 3 of this chapter annually. 4 § 3. This act shall take effect immediately. 5 PART HH 6 Section 1. Subdivision 11 of section 17 of the public officers law, as 7 added by chapter 499 of the laws of 1992, is amended to read as follows: 8 11. The provisions of this section shall not apply to physicians who 9 are subject to the provisions of the plan for the management of clinical 10 practice income as set forth in the policies of the board of trustees, 11 title 8, New York codes, rules and regulations, regarding any civil 12 action or proceeding alleging some professional malpractice in any state 13 or federal court arising out of the physician's involvement in clinical 14 practice as defined in that plan, provided however, that the provisions 15 of this section shall apply when a claim or proceeding arises while the 16 physician was acting on behalf of the state within the scope of such 17 physician's public employment or duties. 18 § 2. This act shall take effect immediately and shall apply to all 19 claims pending or filed on or after such date. 20 PART II 21 Section 1. Subdivision 2 of section 2805-i of the public health law, 22 as added by section 2 of part HH of chapter 57 of the laws of 2018, is 23 amended to read as follows: 24 2. Sexual offense evidence shall be collected and maintained as 25 follows: 26 (a) All sexual offense evidence shall be kept in a locked, separate 27 and secure area for twenty years from the date of collection; provided 28 that such evidence shall be transferred to a new location(s) pursuant to 29 this subdivision. 30 (b) Sexual offense evidence shall include, but not be limited to, 31 slides, cotton swabs, clothing and other items. Where appropriate, such 32 items shall be refrigerated and the clothes and swabs shall be dried, 33 stored in paper bags, and labeled. Each item of evidence shall be marked 34 and logged with a code number corresponding to the alleged sexual 35 offense victim's medical record. 36 (c) Upon collection, the hospital shall notify the alleged sexual 37 offense victim that, after twenty years, the sexual offense evidence 38 will be discarded in compliance with state and local health codes and 39 that the alleged sexual offense victim's clothes or personal effects 40 will be returned to the alleged sexual offense victim at any time upon 41 request. The alleged sexual offense victim shall be given the option of 42 providing contact information for purposes of receiving notice of the 43 planned destruction of such evidence after the expiration of the twen- 44 ty-year period. 45 (d) Until [April first] September thirtieth, two thousand [twenty-one] 46 twenty-two, or earlier if determined feasible by the director of budget 47 [pursuant to paragraph (g) of this subdivision], hospitals shall be 48 responsible for securing long-term sexual offense evidence pursuant to 49 this section, after which such storage shall be the responsibility of 50 the [custodian(s) identified in the plan approved by the director of51budget pursuant to paragraph (g) of this subdivision] office of victim 52 services. Hospitals may enter into contracts with other entities thatS. 2506--C 86 A. 3006--C 1 will ensure appropriate and secure long-term storage of sexual offense 2 evidence pursuant to this section until [April first] September thirti- 3 eth, two thousand [twenty-one] twenty-two. 4 (e) Beginning April first, two thousand eighteen, the department, the 5 office of victim services, the division of criminal justice services and 6 the division of state police shall jointly study, evaluate and make 7 recommendations concerning the storage and monitoring of sexual offense 8 evidence for twenty years, including studying options for the use of: 9 state-owned or operated facilities; facilities owned or operated by 10 local government or law enforcement agencies; and facilities owned or 11 operated by private entities. 12 (f) [On or before December first, two thousand nineteen, such agencies13shall submit a joint plan to the director of budget, speaker of the14assembly, and president pro tempore of the senate, which shall at a15minimum include: recommended storage location(s) for sexual offense16evidence; a schedule for sexual offense evidence held by hospitals17pursuant to this section to be transferred to such storage location(s)18by April first, two thousand twenty-one; and tracking, monitoring and19notification option(s).20(g) On or before January first, two thousand twenty, the director of21budget shall approve a plan that, at a minimum, establishes: storage22location(s) for sexual offense evidence by no later than April first,23two thousand twenty-one; a reasonable schedule for sexual offense24evidence maintained by hospitals pursuant to this section to be trans-25ferred to such storage location(s); and tracking, monitoring and notifi-26cation system(s).27(h)] Between thirty and ten days prior to the transfer of sexual 28 offense evidence to the [storage location(s) identified in the plan29approved by the director of budget pursuant to paragraph (g) of this30subdivision] office of victim services, hospitals shall make diligent 31 efforts to notify the alleged sexual offense victim of the transfer of 32 custody for the remainder of the twenty-year storage period. 33 [(i)] (g) On [April first] September thirtieth, two thousand [twenty-34one] twenty-two, or earlier if determined feasible by the director of 35 budget, responsibility for long-term storage of sexual offense evidence 36 shall transfer to the [custodian(s) identified in the plan approved by37the director of budget pursuant to paragraph (g) of this subdivision] 38 office of victim services. 39 [(j)] (h) After [April first] September thirtieth, two thousand [twen-40ty-one] twenty-two, or earlier if determined feasible by the director of 41 budget, hospitals shall ensure transfer of sexual offense evidence 42 collected pursuant to this section to the [custodian(s) identified in43the plan approved by the director of budget pursuant to paragraph (g) of44this subdivision] office of victim services within ten days of 45 collection of such evidence, while maintaining chain of custody. 46 [(k)] (i) At least ninety days prior to the expiration of the twenty- 47 year storage period for any sexual offense evidence, the [custodian(s)48of the sexual offense evidence] office of victim services shall make 49 diligent efforts to contact the alleged sexual offense victim to notify 50 the alleged sexual offense victim that the sexual offense evidence will 51 be discarded in compliance with state and local health codes and that 52 the alleged sexual offense victim's clothes and personal effects will be 53 returned to the alleged sexual offense victim upon request. 54 [(l)] (j) Notwithstanding any other provision in this section, sexual 55 offense evidence shall not continue to be stored where: (i) such 56 evidence is not privileged and law enforcement requests its release, inS. 2506--C 87 A. 3006--C 1 which case the custodian(s) shall comply with such request; or (ii) such 2 evidence is privileged and either (A) the alleged sexual offense victim 3 gives permission to release the evidence to law enforcement, or (B) the 4 alleged sexual offense victim signs a statement directing the 5 custodian(s) to dispose of the evidence, in which case the sexual 6 offense evidence will be discarded in compliance with state and local 7 health codes. 8 § 2. This act shall take effect April 1, 2021. 9 PART JJ 10 Section 1. This Part enacts into law major components of legislation 11 which are related to the availability of adverse childhood experiences 12 services. Each component is wholly contained within a Subpart identi- 13 fied as Subparts A and B. The effective date for each particular 14 provision contained within such Subpart is set forth in the last section 15 of such Subpart. Any provision in any section contained within a 16 Subpart, including the effective date of the Subpart, which makes refer- 17 ence to a section of "this act", when used in connection with that 18 particular component, shall be deemed to mean and refer to the corre- 19 sponding section of the Subpart in which it is found. Section two 20 contains a severability clause for all provisions contained in each 21 Subpart of this Part. Section three of this act sets forth the general 22 effective date of this Part. 23 SUBPART A 24 Section 1. The social services law is amended by adding a new section 25 131-aaa to read as follows: 26 § 131-aaa. Availability of adverse childhood experiences services. 27 Each local social services district shall be required to make available 28 to applicants and recipients of public assistance who are a parent, 29 guardian, custodian or otherwise responsible for a child's care, educa- 30 tional materials developed pursuant to subdivision two of section three 31 hundred seventy-c of this article to educate them about adverse child- 32 hood experiences, the importance of protective factors and the avail- 33 ability of services for children at risk for or suffering from adverse 34 childhood experiences. The educational materials may be made available 35 electronically and shall be offered at the time of application and 36 recertification. 37 § 2. Article 5 of the social services law is amended by adding a new 38 title 12-A to read as follows: 39 TITLE 12-A 40 SUPPORTS AND SERVICES FOR YOUTH SUFFERING FROM ADVERSE 41 CHILDHOOD EXPERIENCES 42 Section 370-c. Supports and services for youth suffering from adverse 43 childhood experiences. 44 § 370-c. Supports and services for youth suffering from adverse child- 45 hood experiences. 1. Youth suffering from or at risk of adverse child- 46 hood experiences, as defined in paragraph (c) of subdivision one of 47 section twenty-d of this chapter, may be eligible for a range of appro- 48 priate services and supports that enhance protective factors, or are 49 culturally competent, evidence based and trauma informed and beneficial 50 to the overall health and well-being of the youth, including but not 51 necessarily limited to available: (i) appropriate health and behavioral 52 health services provided to youth who are otherwise eligible underS. 2506--C 88 A. 3006--C 1 subdivision seven of section twenty-five hundred ten of the public 2 health law and subdivision two of section three hundred sixty-five-a of 3 this article; (ii) preventive services provided to youth who are other- 4 wise eligible pursuant to section four hundred nine-a of this article; 5 (iii) services provided to youth who are otherwise eligible pursuant to 6 subdivision two of section four hundred fifty-eight-m of this chapter; 7 or (iv) to the extent funds are specifically appropriated therefor, any 8 other services necessary to serve youth suffering from adverse childhood 9 experiences. 10 2. The office of children and family services, in consultation with 11 the office of temporary and disability assistance, the office of mental 12 health, the office of addiction services and supports, the department of 13 health and not-for-profit organizations that have expertise providing 14 services to individuals suffering from adverse childhood experiences, 15 shall develop or utilize existing educational materials to be used to 16 educate parents, guardians and other authorized individuals about 17 adverse childhood experiences including the environmental events that 18 may impact or lead to adverse childhood experiences, the importance of 19 protective factors and the availability of services for children at risk 20 of or suffering from adverse childhood experiences. Such information 21 shall be made available electronically and shall be posted on each agen- 22 cy's website. 23 § 3. Subdivision 7 of section 390 of the social services law is 24 amended by adding a new paragraph (c) to read as follows: 25 (c) The office of children and family services shall implement a 26 statewide campaign to educate parents and other consumers of child day 27 care programs about adverse childhood experiences, the importance of 28 protective factors, and the availability of services for children at 29 risk for or experiencing adverse childhood experiences as defined in 30 paragraph (c) of subdivision one of section twenty-d of this chapter. 31 Such statewide campaign, shall include but is not limited to, providing 32 all licensed, registered and enrolled child care providers with educa- 33 tional materials developed pursuant to subdivision two of section three 34 hundred seventy-c of this chapter. The educational materials may be made 35 available electronically and shall be offered to parents and other 36 consumers at the time of enrollment. 37 § 4. Section 305 of the education law is amended by adding a new 38 subdivision 59 to read as follows: 39 59. The commissioner shall make available educational materials devel- 40 oped pursuant to subdivision two of section three hundred seventy-c of 41 the social services law to every school district, charter school, 42 nonpublic school, approved preschool, approved preschool special educa- 43 tion program, approved private residential or non-residential school for 44 the education of students with disabilities, state-supported school in 45 accordance with article eighty-five of this chapter, and board of coop- 46 erative educational services for the purpose of educating parents, guar- 47 dians and other authorized individuals responsible for the child's care 48 about adverse childhood experiences, the importance of protective 49 factors, and the availability of services for children at risk for or 50 experiencing adverse childhood experiences. The commissioner shall 51 provide that such educational materials are made available online pursu- 52 ant to subdivision two of section three hundred seventy-c of the social 53 services law. 54 § 5. The public health law is amended by adding a new section 2509-c 55 to read as follows:S. 2506--C 89 A. 3006--C 1 § 2509-c. Availability of adverse childhood experiences services. 2 Every pediatrics health care provider licensed pursuant to article one 3 hundred thirty-one of the education law shall be required to provide the 4 parent, guardian, custodian or other authorized individual of a child 5 that the pediatrician sees in their official capacity, with educational 6 materials developed pursuant to subdivision two of section three hundred 7 seventy-c of the social services law. Such materials may be provided 8 electronically and shall be used to inform and educate them about 9 adverse childhood experiences, the importance of protective factors and 10 the availability of services for children at risk for or experiencing 11 adverse childhood experiences. 12 § 6. Paragraph (a) of subdivision 2 of section 422 of the social 13 services law, as amended by chapter 357 of the laws of 2014, is amended 14 to read as follows: 15 (a) The central register shall be capable of receiving telephone calls 16 alleging child abuse or maltreatment and of immediately identifying 17 prior reports of child abuse or maltreatment and capable of monitoring 18 the provision of child protective service twenty-four hours a day, seven 19 days a week. To effectuate this purpose, but subject to the provisions 20 of the appropriate local plan for the provision of child protective 21 services, there shall be a single statewide telephone number that all 22 persons, whether mandated by the law or not, may use to make telephone 23 calls alleging child abuse or maltreatment and that all persons so 24 authorized by this title may use for determining the existence of prior 25 reports in order to evaluate the condition or circumstances of a child. 26 In addition to the single statewide telephone number, there shall be a 27 special unlisted express telephone number and a telephone facsimile 28 number for use only by persons mandated by law to make telephone calls, 29 or to transmit telephone facsimile information on a form provided by the 30 commissioner of children and family services, alleging child abuse or 31 maltreatment, and for use by all persons so authorized by this title for 32 determining the existence of prior reports in order to evaluate the 33 condition or circumstances of a child. When any allegations contained in 34 such telephone calls could reasonably constitute a report of child abuse 35 or maltreatment, after utilizing protocols that would reduce implicit 36 bias from the decision-making process, such allegations and any previous 37 reports to the central registry involving the subject of such report or 38 children named in such report, including any previous report containing 39 allegations of child abuse and maltreatment alleged to have occurred in 40 other counties and districts in New York state shall be immediately 41 transmitted orally or electronically by the office of children and fami- 42 ly services to the appropriate local child protective service for inves- 43 tigation. The inability of the person calling the register to identify 44 the alleged perpetrator shall, in no circumstance, constitute the sole 45 cause for the register to reject such allegation or fail to transmit 46 such allegation for investigation. If the records indicate a previous 47 report concerning a subject of the report, the child alleged to be 48 abused or maltreated, a sibling, other children in the household, other 49 persons named in the report or other pertinent information, the appro- 50 priate local child protective service shall be immediately notified of 51 the fact. If the report involves either (i) an allegation of an abused 52 child described in paragraph (i), (ii) or (iii) of subdivision (e) of 53 section one thousand twelve of the family court act or sexual abuse of a 54 child or the death of a child or (ii) suspected maltreatment which 55 alleges any physical harm when the report is made by a person required 56 to report pursuant to section four hundred thirteen of this title withinS. 2506--C 90 A. 3006--C 1 six months of any other two reports that were indicated, or may still be 2 pending, involving the same child, sibling, or other children in the 3 household or the subject of the report, the office of children and fami- 4 ly services shall identify the report as such and note any prior reports 5 when transmitting the report to the local child protective services for 6 investigation. 7 § 7. Paragraph (c) of subdivision 2 of section 421 of the social 8 services law, as amended by section 2 of part R of chapter 56 of the 9 laws of 2020, is amended to read as follows: 10 (c) issue guidelines to assist local child protective services in the 11 interpretation and assessment of reports of abuse and maltreatment made 12 to the statewide central register described in section four hundred 13 twenty-two of this article. Such guidelines shall include information, 14 standards and criteria for the identification of evidence of alleged 15 abuse and maltreatment as required to determine whether a report may be 16 indicated pursuant to this article. Provided further, the office of 17 children and family services shall update such guidelines, standards and 18 criteria issued to the local child protective services to include 19 protocols to reduce implicit bias in the decision-making processes, 20 strategies for identifying adverse childhood experiences as defined in 21 paragraph (c) of subdivision one of section twenty-d of this chapter, 22 and guidelines to assist in recognizing signs of abuse or maltreatment 23 while interacting virtually. The office may utilize existing programs 24 or materials established pursuant to section twenty-d of this chapter. 25 § 8. Section 413 of the social services law is amended by adding a new 26 subdivision 5 to read as follows: 27 5. The office of children and family services shall update training 28 issued to persons and officials required to report cases of suspected 29 child abuse or maltreatment to include protocols to reduce implicit bias 30 in the decision-making processes, strategies for identifying adverse 31 childhood experiences as defined in paragraph (c) of subdivision one of 32 section twenty-d of this chapter, and guidelines to assist in recogniz- 33 ing signs of abuse or maltreatment while interacting virtually. Such 34 persons and officials shall have three years from the effective date of 35 the chapter of the laws of two thousand twenty-one that added this 36 subdivision to receive such updated mandated reported training. 37 § 9. This act shall take effect April 1, 2022, provided, however, that 38 section eight of this act shall expire and be deemed repealed three 39 years after the effective date of this act. 40 SUBPART B 41 Intentionally Omitted. 42 § 2. Severability. If any clause, sentence, paragraph, subdivision, 43 section or part contained in any subpart of this act shall be adjudged 44 by any court of competent jurisdiction to be invalid, such judgment 45 shall not affect, impair, or invalidate the remainder thereof, but shall 46 by confined in its operation to the clause, sentence, paragraph, subdi- 47 vision, section or part contained in any subpart thereof directly 48 involved in the controversy in which such judgment shall have been 49 rendered. It is hereby declared to be the intent of the legislature that 50 this act would have been enacted even if such invalid provisions had not 51 been included herein.S. 2506--C 91 A. 3006--C 1 § 3. This act shall take effect immediately, provided, however, that 2 the applicable effective date of Subpart A of this act shall be as 3 specifically set forth in the last section of such Subpart. 4 PART KK 5 Section 1. Electronic service of process authorized by the provisions 6 of this act is an optional program. Any corporation, association, limit- 7 ed liability company, or partnership will continue to receive service of 8 process by mail unless such corporation, association, limited liability 9 company, or partnership makes an affirmative choice to receive service 10 of process through electronic means. The department of state's division 11 of corporations, state records and uniform commercial code shall 12 conspicuously display on their website a description of each available 13 method of submitting a copy of process to the department of state along 14 with the disclosure that using any such method of submission will not 15 result in any extra cost to the consumer. 16 § 1-a. Paragraph (d) of section 304 of the business corporation law is 17 amended to read as follows: 18 (d) Any designated [post-office] post office address to which the 19 secretary of state shall mail a copy of process served upon him or her 20 as agent of a domestic corporation or a foreign corporation, shall 21 continue until the filing of a certificate or other instrument under 22 this chapter directing the mailing to a different [post-office] post 23 office address and any designated email address to which the secretary 24 of state shall email notice of the fact that process has been electron- 25 ically served upon him or her as agent of a domestic corporation or 26 foreign corporation shall continue until the filing of a certificate or 27 other instrument under this chapter changing or deleting the email 28 address. 29 § 1-b. The business corporation law is amended by adding a new section 30 304-a to read as follows: 31 § 304-a. Electronic service of process. 32 The secretary of state shall advise any corporation subject to the 33 laws of this chapter in prominent written form as follows: (a) electron- 34 ic service of process authorized by the provisions of this chapter is an 35 optional program at no additional cost to the user; (b) any corporation 36 subject to the laws of this chapter will continue to receive service of 37 process by mail unless such corporation notifies the secretary of an 38 affirmative choice to receive service of process by way of the program 39 through electronic means, in which case digital copies will be made 40 accessible but paper documents will not be mailed; and (c) such choice 41 may be reversed by the corporation at any time and, thereafter, service 42 by mail will resume. 43 § 2. Subparagraph 1 of paragraph (b) of section 306 of the business 44 corporation law, as amended by chapter 419 of the laws of 1990, is 45 amended to read as follows: 46 (1) Service of process on the secretary of state as agent of a domes- 47 tic or authorized foreign corporation shall be made [by personally] in 48 the manner provided by clause (i) or (ii) of this subparagraph. Either 49 option of service authorized pursuant to this subparagraph shall be 50 available at no extra cost to the consumer. (i) Personally delivering 51 to and leaving with the secretary of state or a deputy, or with any 52 person authorized by the secretary of state to receive such service, at 53 the office of the department of state in the city of Albany, duplicate 54 copies of such process together with the statutory fee, which fee shallS. 2506--C 92 A. 3006--C 1 be a taxable disbursement. Service of process on such corporation shall 2 be complete when the secretary of state is so served. The secretary of 3 state shall promptly send one of such copies by certified mail, return 4 receipt requested, to such corporation, at the post office address, on 5 file in the department of state, specified for the purpose. If a domes- 6 tic or authorized foreign corporation has no such address on file in the 7 department of state, the secretary of state shall so mail such copy, in 8 the case of a domestic corporation, in care of any director named in its 9 certificate of incorporation at the director's address stated therein 10 or, in the case of an authorized foreign corporation, to such corpo- 11 ration at the address of its office within this state on file in the 12 department. (ii) Electronically submitting a copy of the process to the 13 department of state together with the statutory fee, which fee shall be 14 a taxable disbursement, through an electronic system operated by the 15 department of state, provided the domestic or authorized foreign corpo- 16 ration has an email address on file in the department of state to which 17 the secretary of state shall email a notice of the fact that process has 18 been served electronically on the secretary of state. Service of process 19 on such corporation shall be complete when the secretary of state has 20 reviewed and accepted service of such process. The secretary of state 21 shall promptly send a notice of the fact that process has been served to 22 such corporation at the email address on file in the department of 23 state, specified for the purpose and shall make a copy of the process 24 available to such corporation. 25 § 3. The opening paragraph of paragraph (b) of section 307 of the 26 business corporation law is amended to read as follows: 27 Service of such process upon the secretary of state shall be made [by28personally] in the manner provided by subparagraph one or two of this 29 paragraph. Either option of service authorized pursuant to this para- 30 graph shall be available at no extra cost to the consumer. (1) 31 Personally delivering to and leaving with him or his deputy, or with any 32 person authorized by the secretary of state to receive such service, at 33 the office of the department of state in the city of Albany, a copy of 34 such process together with the statutory fee, which fee shall be a taxa- 35 ble disbursement. (2) Electronically submitting a copy of the process to 36 the department of state together with the statutory fee, which fee shall 37 be a taxable disbursement, through an electronic system operated by the 38 department of state. Such service shall be sufficient if notice thereof 39 and a copy of the process are: 40 § 4. Subparagraph 7 of paragraph (a) of section 402 of the business 41 corporation law is amended to read as follows: 42 (7) A designation of the secretary of state as agent of the corpo- 43 ration upon whom process against it may be served and the post office 44 address within or without this state to which the secretary of state 45 shall mail a copy of any process against it served upon him or her. The 46 corporation may include an email address to which the secretary of state 47 shall email a notice of the fact that process against it has been elec- 48 tronically served upon him or her. 49 § 5. Paragraph (b) of section 801 of the business corporation law is 50 amended by adding a new subparagraph 15 to read as follows: 51 (15) To specify, change or delete the email address to which the 52 secretary of state shall email a notice of the fact that process against 53 the corporation has been electronically served upon him or her. 54 § 6. Paragraph (b) of section 803 of the business corporation law is 55 amended by adding a new subparagraph 4 to read as follows:S. 2506--C 93 A. 3006--C 1 (4) To specify, change or delete the email address to which the secre- 2 tary of state shall email a notice of the fact that process against the 3 corporation has been electronically served upon him or her. 4 § 7. Paragraph (b) of section 805-A of the business corporation law, 5 as added by chapter 725 of the laws of 1964, is amended to read as 6 follows: 7 (b) A certificate of change which changes only the post office address 8 to which the secretary of state shall mail a copy of any process against 9 a corporation served upon him or her, and/or the email address to which 10 the secretary of state shall email a notice of the fact that process 11 against it has been electronically served upon the secretary of state 12 and/or the address of the registered agent, provided such address being 13 changed is the address of a person, partnership or other corporation 14 whose address, as agent, is the address to be changed, and/or the email 15 address being changed is the email address of a person, partnership or 16 corporation whose email address, as agent, is the email address to be 17 changed, or who has been designated as registered agent for such corpo- 18 ration, may be signed[, verified] and delivered to the department of 19 state by such agent. The certificate of change shall set forth the 20 statements required under subparagraphs (a) (1), (2) and (3) of this 21 section; that a notice of the proposed change was mailed to the corpo- 22 ration by the party signing the certificate not less than thirty days 23 prior to the date of delivery to the department and that such corpo- 24 ration has not objected thereto; and that the party signing the certif- 25 icate is the agent of such corporation to whose address the secretary of 26 state is required to mail copies of process [or], and/or the agent of 27 the corporation to whose email address the secretary of state is 28 required to mail a notice of the fact that process against it has been 29 electronically served upon the secretary of state, and/or the registered 30 agent, if such be the case. A certificate signed[, verified] and deliv- 31 ered under this paragraph shall not be deemed to effect a change of 32 location of the office of the corporation in whose behalf such certif- 33 icate is filed. 34 § 8. Subparagraph 8 of paragraph (a) of section 904-a of the business 35 corporation law, as amended by chapter 177 of the laws of 2008, is 36 amended to read as follows: 37 (8) If the surviving or resulting entity is a foreign corporation or 38 other business entity, a designation of the secretary of state as its 39 agent upon whom process against it may be served in the manner set forth 40 in paragraph (b) of section three hundred six of this chapter, in any 41 action or special proceeding, and a post office address, within or with- 42 out this state, to which the secretary of state shall mail a copy of any 43 process against it served upon him or her. The corporation may include 44 an email address to which the secretary of state shall email a notice of 45 the fact that process against it has been electronically served upon him 46 or her. Such post office address shall supersede any prior address 47 designated as the address to which process shall be mailed and such 48 email address shall supersede any prior email address designated as the 49 email address to which a notice shall be sent; 50 § 9. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of 51 the business corporation law, as amended by chapter 494 of the laws of 52 1997, is amended to read as follows: 53 (G) A designation of the secretary of state as its agent upon whom 54 process against it may be served in the manner set forth in paragraph 55 (b) of section 306 (Service of process), in any action or special 56 proceeding, and a post office address, within or without this state, toS. 2506--C 94 A. 3006--C 1 which the secretary of state shall mail a copy of any process against it 2 served upon him or her. The corporation may include an email address to 3 which the secretary of state shall email a notice of the fact that proc- 4 ess against it has been electronically served upon him or her. Such 5 post office address shall supersede any prior address designated as the 6 address to which process shall be mailed and such email address shall 7 supersede any prior email address designated as the email address to 8 which a notice shall be sent. 9 § 10. Subparagraph 6 of paragraph (a) of section 1304 of the business 10 corporation law, as amended by chapter 684 of the laws of 1963 and as 11 renumbered by chapter 590 of the laws of 1982, is amended to read as 12 follows: 13 (6) A designation of the secretary of state as its agent upon whom 14 process against it may be served and the post office address within or 15 without this state to which the secretary of state shall mail a copy of 16 any process against it served upon him or her. The corporation may 17 include an email address to which the secretary of state shall email a 18 notice of the fact that process against it has been electronically 19 served upon him or her. 20 § 11. Paragraph (a) of section 1308 of the business corporation law is 21 amended by adding a new subparagraph 10 to read as follows: 22 (10) To specify, change or delete the email address to which the 23 secretary of state shall email a notice of the fact that process against 24 the corporation has been electronically served upon him or her. 25 § 12. Paragraph (c) of section 1309-A of the business corporation law, 26 as amended by chapter 172 of the laws of 1999, is amended and a new 27 subparagraph 4 is added to paragraph (a) to read as follows: 28 (4) To specify, change or delete the email address to which the secre- 29 tary of state shall email a notice of the fact that process against the 30 corporation has been electronically served upon him or her. 31 (c) A certificate of change of application for authority which changes 32 only the post office address to which the secretary of state shall mail 33 a copy of any process against an authorized foreign corporation served 34 upon him or her, and/or the email address to which the secretary of 35 state shall email a notice of the fact that process against it has been 36 electronically served upon the secretary of state and/or which changes 37 the address of its registered agent, provided such address is the 38 address of a person, partnership or other corporation whose address, as 39 agent, is the address to be changed [or], and/or the email address being 40 changed is the email address of a person, partnership or corporation 41 whose email address, as agent, is the email address to be changed, 42 and/or who has been designated as registered agent for such authorized 43 foreign corporation, may be signed and delivered to the department of 44 state by such agent. The certificate of change of application for 45 authority shall set forth the statements required under subparagraphs 46 (1), (2), (3) and (4) of paragraph (b) of this section; that a notice of 47 the proposed change was mailed by the party signing the certificate to 48 the authorized foreign corporation not less than thirty days prior to 49 the date of delivery to the department and that such corporation has not 50 objected thereto; and that the party signing the certificate is the 51 agent of such foreign corporation to whose address the secretary of 52 state is required to mail copies of process [or], and/or the agent of 53 such foreign corporation to whose email address the secretary of state 54 is required to mail a notice of the fact that process against it has 55 been electronically served on the secretary of state and/or the regis- 56 tered agent, if such be the case. A certificate signed and deliveredS. 2506--C 95 A. 3006--C 1 under this paragraph shall not be deemed to effect a change of location 2 of the office of the corporation in whose behalf such certificate is 3 filed. 4 § 13. Subparagraph 6 of paragraph (a) and paragraph (d) of section 5 1310 of the business corporation law, the opening paragraph of paragraph 6 (d) as amended by chapter 172 of the laws of 1999, are amended to read 7 as follows: 8 (6) A post office address within or without this state to which the 9 secretary of state shall mail a copy of any process against it served 10 upon him or her. The corporation may include an email address to which 11 the secretary of state shall email a notice of the fact that process 12 against it has been electronically served upon him or her. 13 (d) The post office address and/or the email address specified under 14 subparagraph (6) of paragraph (a) of this section may be changed. A 15 certificate, entitled "Certificate of amendment of certificate of 16 surrender of authority of ........ (name of corporation) under section 17 1310 of the Business Corporation Law", shall be signed as provided in 18 paragraph (a) of this section and delivered to the department of state. 19 It shall set forth: 20 (1) The name of the foreign corporation. 21 (2) The jurisdiction of its incorporation. 22 (3) The date its certificate of surrender of authority was filed by 23 the department of state. 24 (4) The changed post office address, within or without this state, to 25 which the secretary of state shall mail a copy of any process against it 26 served upon him or her and/or the changed email address to which the 27 secretary of state shall email a notice of the fact that process against 28 it has been electronically served upon him or her. 29 § 14. Section 1311 of the business corporation law, as amended by 30 chapter 375 of the laws of 1998, is amended to read as follows: 31 § 1311. Termination of existence. 32 When an authorized foreign corporation is dissolved or its authority 33 or existence is otherwise terminated or cancelled in the jurisdiction of 34 its incorporation or when such foreign corporation is merged into or 35 consolidated with another foreign corporation, a certificate of the 36 secretary of state, or official performing the equivalent function as to 37 corporate records, of the jurisdiction of incorporation of such foreign 38 corporation attesting to the occurrence of any such event or a certified 39 copy of an order or decree of a court of such jurisdiction directing the 40 dissolution of such foreign corporation, the termination of its exist- 41 ence or the cancellation of its authority shall be delivered to the 42 department of state. The filing of the certificate, order or decree 43 shall have the same effect as the filing of a certificate of surrender 44 of authority under section 1310 (Surrender of authority). The secretary 45 of state shall continue as agent of the foreign corporation upon whom 46 process against it may be served in the manner set forth in paragraph 47 (b) of section 306 (Service of process), in any action or special 48 proceeding based upon any liability or obligation incurred by the 49 foreign corporation within this state prior to the filing of such 50 certificate, order or decree and he or she shall promptly cause a copy 51 of any such process to be mailed by [registered] certified mail, return 52 receipt requested, to such foreign corporation at the post office 53 address on file in his or her office specified for such purpose or a 54 notice of the fact that process against such foreign corporation has 55 been served on him or her to be emailed to the foreign corporation at 56 the email address on file in his or her office specified for suchS. 2506--C 96 A. 3006--C 1 purpose. The post office address and/or email address may be changed by 2 signing and delivering to the department of state a certificate of 3 change setting forth the statements required under section 1309-A 4 (Certificate of change; contents) to effect a change in the post office 5 address and/or email address under subparagraph (a) [(4)] (7) or (10) of 6 section 1308 (Amendments or changes). 7 § 15. Subdivisions 2 and 3 of section 18 of the general associations 8 law, as amended by chapter 13 of the laws of 1938, are amended to read 9 as follows: 10 2. Every association doing business within this state shall file in 11 the department of state a certificate in its associate name, signed and 12 acknowledged by its president, or a vice-president, or secretary, or 13 treasurer, or managing director, or trustee, designating the secretary 14 of state as an agent upon whom process in any action or proceeding 15 against the association may be served within this state, and setting 16 forth an address to which the secretary of state shall mail a copy of 17 any process against the association which may be served upon him or her 18 pursuant to law. The association may include an email address to which 19 the secretary of state shall email a notice of the fact that process 20 against it has been electronically served upon him or her. Annexed to 21 the certificate of designation shall be a statement, executed in the 22 same manner as the certificate is required to be executed under this 23 section, which shall set forth: 24 (a) the names and places of residence of its officers and trustees 25 (b) its principal place of business 26 (c) the place where its office within this state is located and if 27 such place be in a city, the location thereof by street and number or 28 other particular description. 29 3. Any association, from time to time, may change the address to which 30 the secretary of state is directed to mail copies of process or specify, 31 change or delete the email address to which the secretary of state shall 32 email a notice of the fact that process against the association has been 33 electronically served upon him or her, by filing a statement to that 34 effect, executed, signed and acknowledged in like manner as a certif- 35 icate of designation as herein provided. 36 § 15-a. The general associations law is amended by adding a new 37 section 18-a to read as follows: 38 § 18-a. Electronic service of process. The secretary of state shall 39 advise any association subject to the laws of this chapter in prominent 40 written form as follows: (a) electronic service of process authorized by 41 the provisions of this chapter is an optional program at no additional 42 cost to the user; (b) any association subject to the laws of this chap- 43 ter will continue to receive service of process by mail unless such 44 association notifies the secretary of an affirmative choice to receive 45 service of process by way of the program through electronic means, in 46 which case digital copies will be made accessible but paper documents 47 will not be mailed; and (c) such choice may be reversed by the associ- 48 ation at any time and, thereafter, service by mail will resume. 49 § 16. Section 19 of the general associations law, as amended by chap- 50 ter 166 of the laws of 1991, is amended to read as follows: 51 § 19. Service of process. Service of process against an association 52 upon the secretary of state shall be made [by personally] in the manner 53 provided by subdivision one or two of this section. Either option of 54 service authorized pursuant to this section shall be available at no 55 extra cost to the consumer. (1) Personally delivering to and leaving 56 with him [or a deputy secretary of state or an associate attorney,S. 2506--C 97 A. 3006--C 1senior attorney or attorney in the corporation division of the depart-2ment of state] or her or with a person authorized by the secretary of 3 state to receive such service, duplicate copies of such process at the 4 office of the department of state in the city of Albany. At the time of 5 such service the plaintiff shall pay a fee of forty dollars to the 6 secretary of state which shall be a taxable disbursement. [If the cost7of registered mail for transmitting a copy of the process shall exceed8two dollars, an additional fee equal to such excess shall be paid at the9time of the service of such process.] The secretary of state shall 10 [forthwith] promptly send by [registered] certified mail one of such 11 copies to the association at the address fixed for that purpose, as 12 herein provided. (2) Electronically submitting a copy of the process to 13 the department of state together with the statutory fee, which fee shall 14 be a taxable disbursement, through an electronic system operated by the 15 department of state, provided the association has an email address on 16 file in the department of state to which the secretary of state shall 17 email a notice of the fact that process has been served electronically 18 on the secretary of state. Service of process on such association shall 19 be complete when the secretary of state has reviewed and accepted 20 service of such process. The secretary of state shall promptly send a 21 notice of the fact that process against such association has been served 22 electronically upon him or her, to such association at the email address 23 on file in the department of state, specified for the purpose and shall 24 make a copy of the process available to such association. If the action 25 or proceeding is instituted in a court of limited jurisdiction, service 26 of process may be made in the manner provided in this section if the 27 cause of action arose within the territorial jurisdiction of the court 28 and the office of the defendant, as set forth in its statement filed 29 pursuant to section eighteen of this chapter, is within such territorial 30 jurisdiction. 31 § 17. Paragraph 4 of subdivision (e) of section 203 of the limited 32 liability company law, as added by chapter 470 of the laws of 1997, is 33 amended to read as follows: 34 (4) a designation of the secretary of state as agent of the limited 35 liability company upon whom process against it may be served and the 36 post office address within or without this state to which the secretary 37 of state shall mail a copy of any process against the limited liability 38 company served upon him or her. The limited liability company may 39 include an email address to which the secretary of state shall email a 40 notice of the fact that process against it has been electronically 41 served upon him or her; 42 § 18. Subdivision (d) of section 211 of the limited liability company 43 law is amended by adding a new paragraph 10 to read as follows: 44 (10) to specify, change or delete the email address to which the 45 secretary of state shall email a notice of the fact that process against 46 the limited liability company has been electronically served upon him or 47 her. 48 § 19. Section 211-A of the limited liability company law, as added by 49 chapter 448 of the laws of 1998, is amended to read as follows: 50 § 211-A. Certificate of change. (a) A limited liability company may 51 amend its articles of organization from time to time to (i) specify or 52 change the location of the limited liability company's office; (ii) 53 specify or change the post office address to which the secretary of 54 state shall mail a copy of any process against the limited liability 55 company served upon him or her; [and] (iii) specify, change or delete 56 the email address to which the secretary of state shall email a noticeS. 2506--C 98 A. 3006--C 1 of the fact that process against the limited liability company has been 2 electronically served upon him or her; and (iv) make, revoke or change 3 the designation of a registered agent, or specify or change the address 4 of the registered agent. Any one or more such changes may be accom- 5 plished by filing a certificate of change which shall be entitled 6 "Certificate of Change of ....... (name of limited liability company) 7 under section 211-A of the Limited Liability Company Law" and shall be 8 signed and delivered to the department of state. It shall set forth: 9 (1) the name of the limited liability company, and if it has been 10 changed, the name under which it was formed; 11 (2) the date the articles of organization were filed by the department 12 of state; and 13 (3) each change effected thereby. 14 (b) A certificate of change which changes only the post office address 15 to which the secretary of state shall mail a copy of any process against 16 a limited liability company served upon him or her, and/or the email 17 address to which the secretary of state shall email a notice of the fact 18 that process against it has been electronically served upon the secre- 19 tary of state and/or the address of the registered agent, provided such 20 address being changed, and/or the email address being changed is the 21 email address of a person, partnership or other corporation whose email 22 address, as agent, is the email address to be changed, is the address of 23 a person, partnership or corporation whose address, as agent, is the 24 address to be changed or who has been designated as registered agent for 25 such limited liability company may be signed and delivered to the 26 department of state by such agent. The certificate of change shall set 27 forth the statements required under subdivision (a) of this section; 28 that a notice of the proposed change was mailed to the domestic limited 29 liability company by the party signing the certificate not less than 30 thirty days prior to the date of delivery to the department of state and 31 that such domestic limited liability company has not objected thereto; 32 and that the party signing the certificate is the agent of such limited 33 liability company to whose address the secretary of state is required to 34 mail copies of process, and/or the agent of the limited liability compa- 35 ny to whose email address of the secretary of state is required to 36 email a notice of the fact that process against it has been electron- 37 ically served upon the secretary of state, or the registered agent, if 38 such be the case. A certificate signed and delivered under this subdivi- 39 sion shall not be deemed to effect a change of location of the office of 40 the limited liability company in whose behalf such certificate is filed. 41 § 20. Subdivision (c) of section 301 of the limited liability company 42 law is amended to read as follows: 43 (c) Any designated post office address to which the secretary of state 44 shall mail a copy of process served upon him or her as agent of a domes- 45 tic limited liability company or a foreign limited liability company 46 shall continue until the filing of a certificate or other instrument 47 under this chapter directing the mailing to a different post office 48 address and any designated email address to which the secretary of state 49 shall email a notice of the fact that process has been electronically 50 served upon him or her as agent of a domestic limited liability company 51 or foreign limited liability company, shall continue until the filing of 52 a certificate or other instrument under this chapter changing or delet- 53 ing such email address. 54 § 20-a. The limited liability company law is amended by adding a new 55 section 301-b to read as follows:S. 2506--C 99 A. 3006--C 1 § 301-b. Electronic service of process. The secretary of state shall 2 advise any limited liability company subject to the laws of this chapter 3 in prominent written form as follows: (a) electronic service of process 4 authorized by the provisions of this chapter is an optional program at 5 no additional cost to the user; (b) any limited liability company 6 subject to the laws of this chapter will continue to receive service of 7 process by mail unless such limited liability company notifies the 8 secretary of an affirmative choice to receive service of process by way 9 of the program through electronic means, in which case digital copies 10 will be made accessible but paper documents will not be mailed; and (c) 11 such choice may be reversed by the limited liability company at any time 12 and, thereafter, service by mail will resume. 13 § 21. Subdivision (a) of section 303 of the limited liability company 14 law, as relettered by chapter 341 of the laws of 1999, is amended to 15 read as follows: 16 (a) Service of process on the secretary of state as agent of a domes- 17 tic limited liability company or authorized foreign limited liability 18 company shall be made [by personally] in the manner provided by para- 19 graph one or two of this subdivision. Either option of service author- 20 ized pursuant to this subdivision shall be available at no extra cost to 21 the consumer. (1) Personally delivering to and leaving with the secre- 22 tary of state or his or her deputy, or with any person authorized by the 23 secretary of state to receive such service, at the office of the depart- 24 ment of state in the city of Albany, duplicate copies of such process 25 together with the statutory fee, which fee shall be a taxable disburse- 26 ment. Service of process on such limited liability company shall be 27 complete when the secretary of state is so served. The secretary of 28 state shall promptly send one of such copies by certified mail, return 29 receipt requested, to such limited liability company at the post office 30 address on file in the department of state specified for that purpose. 31 (2) Electronically submitting a copy of the process to the department of 32 state together with the statutory fee, which fee shall be a taxable 33 disbursement, through an electronic system operated by the department of 34 state, provided the domestic or authorized foreign limited liability 35 company has an email address on file in the department of state to which 36 the secretary of state shall email a notice of the fact that process has 37 been served electronically on the secretary of state. Service of process 38 on such limited liability company shall be complete when the secretary 39 of state has reviewed and accepted service of such process. The secre- 40 tary of state shall promptly send a notice of the fact that process 41 against such limited liability company has been served electronically on 42 him or her to such limited liability company at the email address on 43 file in the department of state, specified for the purpose and shall 44 make a copy of the process available to such limited liability company. 45 § 22. Subdivision (b) of section 304 of the limited liability company 46 law is amended to read as follows: 47 (b) Service of such process upon the secretary of state shall be made 48 [by personally] in the manner provided by paragraph one or two of this 49 subdivision. Either option of service authorized pursuant to this subdi- 50 vision shall be available at no extra cost to the consumer. 51 (1) Personally delivering to and leaving with the secretary of state 52 or his or her deputy, or with any person authorized by the secretary of 53 state to receive such service, at the office of the department of state 54 in the city of Albany, a copy of such process together with the statuto- 55 ry fee, which fee shall be a taxable disbursement.S. 2506--C 100 A. 3006--C 1 (2) Electronically submitting a copy of the process to the department 2 of state together with the statutory fee, which fee shall be a taxable 3 disbursement, through an electronic system operated by the department of 4 state. 5 § 23. Paragraph 4 of subdivision (a) of section 802 of the limited 6 liability company law, as amended by chapter 470 of the laws of 1997, is 7 amended to read as follows: 8 (4) a designation of the secretary of state as its agent upon whom 9 process against it may be served and the post office address within or 10 without this state to which the secretary of state shall mail a copy of 11 any process against it served upon him or her. The limited liability 12 company may include an email address to which the secretary of state 13 shall email a notice of the fact that process against it has been elec- 14 tronically served upon him or her; 15 § 24. Section 804-A of the limited liability company law, as added by 16 chapter 448 of the laws of 1998, is amended to read as follows: 17 § 804-A. Certificate of change. (a) A foreign limited liability compa- 18 ny may amend its application for authority from time to time to (i) 19 specify or change the location of the limited liability company's 20 office; (ii) specify or change the post office address to which the 21 secretary of state shall mail a copy of any process against the limited 22 liability company served upon him or her; [and] (iii) specify, change or 23 delete the email address to which the secretary of state shall email a 24 notice of the fact that process against the limited liability company 25 has been electronically served upon him or her; and (iv) to make, revoke 26 or change the designation of a registered agent, or to specify or change 27 the address of a registered agent. Any one or more such changes may be 28 accomplished by filing a certificate of change which shall be entitled 29 "Certificate of Change of ........ (name of limited liability company) 30 under section 804-A of the Limited Liability Company Law" and shall be 31 signed and delivered to the department of state. It shall set forth: 32 (1) the name of the foreign limited liability company and, if applica- 33 ble, the fictitious name the limited liability company has agreed to use 34 in this state pursuant to section eight hundred two of this article; 35 (2) the date its application for authority was filed by the department 36 of state; and 37 (3) each change effected thereby, 38 (b) A certificate of change which changes only the post office address 39 to which the secretary of state shall mail a copy of any process against 40 a foreign limited liability company served upon him or her, and/or the 41 email address to which the secretary of state shall email a notice of 42 the fact that process against it has been electronically served upon the 43 secretary of state, and/or the address of the registered agent, provided 44 such address being changed is the address of a person, partnership or 45 corporation whose address, as agent, is the address to be changed, 46 and/or the email address being changed is the email address of a person, 47 partnership or other corporation whose email address, as agent, is the 48 email address to be changed, or who has been designated as registered 49 agent for such limited liability company may be signed and delivered to 50 the department of state by such agent. The certificate of change shall 51 set forth the statements required under subdivision (a) of this section; 52 that a notice of the proposed change was mailed to the foreign limited 53 liability company by the party signing the certificate not less than 54 thirty days prior to the date of delivery to the department of state and 55 that such foreign limited liability company has not objected thereto; 56 and that the party signing the certificate is the agent of such foreignS. 2506--C 101 A. 3006--C 1 limited liability company to whose address the secretary of state is 2 required to mail copies of process, and/or the agent of such foreign 3 limited liability company to whose email address the secretary of state 4 is required to email a notice of the fact that process against it has 5 been electronically served upon the secretary of state, or the regis- 6 tered agent, if such be the case. A certificate signed and delivered 7 under this subdivision shall not be deemed to effect a change of 8 location of the office of the foreign limited liability company in whose 9 behalf such certificate is filed. 10 § 25. Paragraph 6 of subdivision (b) of section 806 of the limited 11 liability company law is amended to read as follows: 12 (6) a post office address within or without this state to which the 13 secretary of state shall mail a copy of any process against it served 14 upon him or her. The limited liability company may include an email 15 address to which the secretary of state shall email a notice of the fact 16 that process against it has been electronically served upon him or her. 17 § 26. Section 807 of the limited liability company law is amended to 18 read as follows: 19 § 807. Termination of existence. When a foreign limited liability 20 company that has received a certificate of authority is dissolved or its 21 authority to conduct its business or existence is otherwise terminated 22 or canceled in the jurisdiction of its formation or when such foreign 23 limited liability company is merged into or consolidated with another 24 foreign limited liability company, (a) a certificate of the secretary of 25 state or official performing the equivalent function as to limited 26 liability company records in the jurisdiction of organization of such 27 limited liability company attesting to the occurrence of any such event 28 or (b) a certified copy of an order or decree of a court of such juris- 29 diction directing the dissolution of such foreign limited liability 30 company, the termination of its existence or the surrender of its 31 authority shall be delivered to the department of state. The filing of 32 the certificate, order or decree shall have the same effect as the 33 filing of a certificate of surrender of authority under section eight 34 hundred six of this article. The secretary of state shall continue as 35 agent of the foreign limited liability company upon whom process against 36 it may be served in the manner set forth in article three of this chap- 37 ter, in any action or proceeding based upon any liability or obligation 38 incurred by the foreign limited liability company within this state 39 prior to the filing of such certificate, order or decree. The post 40 office address and/or email address may be changed by filing with the 41 department of state a certificate of amendment under section eight 42 hundred four of this article. 43 § 27. Paragraph 11 of subdivision (a) of section 1003 of the limited 44 liability company law, as amended by chapter 374 of the laws of 1998, is 45 amended to read as follows: 46 (11) a designation of the secretary of state as its agent upon whom 47 process against it may be served in the manner set forth in article 48 three of this chapter in any action or special proceeding, and a post 49 office address, within or without this state, to which the secretary of 50 state shall mail a copy of any process served upon him or her. The 51 limited liability company may include an email address to which the 52 secretary of state shall email a notice of the fact that process against 53 it has been electronically served upon him or her. Such post office 54 address or email address shall supersede any prior address designated as 55 the address to which process shall be mailed or a notice emailed;S. 2506--C 102 A. 3006--C 1 § 28. Paragraph 6 of subdivision (a) of section 1306 of the limited 2 liability company law is amended to read as follows: 3 (6) a designation of the secretary of state as its agent upon whom 4 process against it may be served and the post office address within or 5 without this state to which the secretary of state shall mail a copy of 6 any process against it served upon him or her. The limited liability 7 company may include an email address to which the secretary of state 8 shall email a notice of the fact that process against it has been elec- 9 tronically served upon him or her; and 10 § 29. Paragraph (d) of section 304 of the not-for-profit corporation 11 law, as amended by chapter 358 of the laws of 2015, is amended to read 12 as follows: 13 (d) Any designated post-office address to which the secretary of state 14 shall mail a copy of process served upon him or her as agent of a domes- 15 tic corporation formed under article four of this chapter or foreign 16 corporation, shall continue until the filing of a certificate or other 17 instrument under this chapter directing the mailing to a different post- 18 office address and any designated email address to which the secretary 19 of state shall email a notice of the fact that process has been elec- 20 tronically served upon him or her as agent of a domestic corporation or 21 foreign corporation, shall continue until the filing of a certificate or 22 other instrument under this chapter changing or deleting the email 23 address. 24 § 30. Paragraph (b) of section 306 of the not-for-profit corporation 25 law, as amended by chapter 23 of the laws of 2014, is amended to read as 26 follows: 27 (b) Service of process on the secretary of state as agent of a domes- 28 tic corporation formed under article four of this chapter or an author- 29 ized foreign corporation shall be made [by personally] in the manner 30 provided by subparagraph one or two of this paragraph. (1) Personally 31 delivering to and leaving with the secretary of state or his or her 32 deputy, or with any person authorized by the secretary of state to 33 receive such service, at the office of the department of state in the 34 city of Albany, duplicate copies of such process together with the stat- 35 utory fee, which fee shall be a taxable disbursement. Service of process 36 on such corporation shall be complete when the secretary of state is so 37 served. The secretary of state shall promptly send one of such copies 38 by certified mail, return receipt requested, to such corporation, at the 39 post office address, on file in the department of state, specified for 40 the purpose. If a domestic corporation formed under article four of this 41 chapter or an authorized foreign corporation has no such address on file 42 in the department of state, the secretary of state shall so mail such 43 copy to such corporation at the address of its office within this state 44 on file in the department. (2) Electronically submitting a copy of the 45 process to the department of state together with the statutory fee, 46 which fee shall be a taxable disbursement, through an electronic system 47 operated by the department of state, provided the domestic or authorized 48 foreign corporation has an email address on file in the department of 49 state to which the secretary of state shall email a notice of the fact 50 that process has been served electronically on the secretary of state. 51 Service of process on such corporation shall be complete when the secre- 52 tary of state has reviewed and accepted service of such process. The 53 secretary of state shall promptly send a notice of the fact that process 54 against such corporation has been served electronically on him or her to 55 such corporation at the email address on file in the department ofS. 2506--C 103 A. 3006--C 1 state, specified for the purpose and shall make a copy of the process 2 available to such corporation. 3 § 30-a. The not-for-profit corporation law is amended by adding a new 4 section 306-a to read as follows: 5 § 306-a. Electronic service of process. 6 The secretary shall advise any corporation subject to the laws of this 7 chapter in prominent written form as follows: (a) electronic service of 8 process authorized by the provisions of this chapter is an optional 9 program at no additional cost to the user; (b) any corporation subject 10 to the laws of this chapter will continue to receive service of process 11 by mail unless such corporation notifies the secretary of an affirmative 12 choice to receive service of process by way of the program through elec- 13 tronic means, in which case digital copies will be made accessible but 14 paper documents will not be mailed; and (c) such choice may be reversed 15 by the corporation at any time and, thereafter, service by mail will 16 resume. 17 § 31. Paragraph (b) of section 307 of the not-for-profit corporation 18 law is amended to read as follows: 19 (b) (1) Service of such process upon the secretary of state shall be 20 made [by personally] in the manner provided by items (i) or (ii) of this 21 subparagraph. Either option of service authorized pursuant to this para- 22 graph shall be available at no extra cost to the consumer. (i) 23 Personally delivering to and leaving with him or his deputy, or with any 24 person authorized by the secretary of state to receive such service, at 25 the office of the department of state in the city of Albany, a copy of 26 such process together with the statutory fee, which fee shall be a taxa- 27 ble disbursement. [Such service] (ii) Electronically submitting a copy 28 of the process to the department of state together with the statutory 29 fee, which fee shall be a taxable disbursement, through an electronic 30 system operated by the department of state. 31 (2) Service under this paragraph shall be sufficient if notice thereof 32 and a copy of the process are: 33 [(1)] (i) Delivered personally without this state to such foreign 34 corporation by a person and in the manner authorized to serve process by 35 law of the jurisdiction in which service is made, or 36 [(2)] (ii) Sent by or on behalf of the plaintiff to such foreign 37 corporation by registered mail with return receipt requested, at the 38 post office address specified for the purpose of mailing process, on 39 file in the department of state, or with any official or body performing 40 the equivalent function, in the jurisdiction of its incorporation, or if 41 no such address is there specified, to its registered or other office 42 there specified, or if no such office is there specified, to the last 43 address of such foreign corporation known to the plaintiff. 44 § 32. Subparagraph 6 of paragraph (a) of section 402 of the not-for- 45 profit corporation law, as added by chapter 564 of the laws of 1981 and 46 as renumbered by chapter 132 of the laws of 1985, is amended to read as 47 follows: 48 (6) A designation of the secretary of state as agent of the corpo- 49 ration upon whom process against it may be served and the post office 50 address within or without this state to which the secretary of state 51 shall mail a copy of any process against it served upon him or her. The 52 corporation may include an email address to which the secretary of state 53 shall email a notice of the fact that process against it has been elec- 54 tronically served upon him or her. 55 § 33. Paragraph (b) of section 801 of the not-for-profit corporation 56 law is amended by adding a new paragraph 10 to read as follows:S. 2506--C 104 A. 3006--C 1 (10) To specify, change or delete the email address to which the 2 secretary of state shall email a notice that process against the corpo- 3 ration has been electronically served upon him or her. 4 § 34. Paragraph (c) of section 802 of the not-for-profit corporation 5 law is amended by adding a new paragraph 4 to read as follows: 6 (4) To specify, change or delete the email address to which the secre- 7 tary of state shall email a notice of the fact that process against the 8 corporation has been electronically served upon him or her. 9 § 35. Subparagraph 6 of paragraph (a) of section 803 of the not-for- 10 profit corporation law, as amended by chapter 23 of the laws of 2014, is 11 amended to read as follows: 12 (6) A designation of the secretary of state as agent of the corpo- 13 ration upon whom process against it may be served and the post office 14 address within or without this state to which the secretary of state 15 shall mail a copy of any process against it served upon the secretary. 16 The corporation may include an email address to which the secretary of 17 state shall email a notice of the fact that process against it has been 18 electronically served upon him or her. 19 § 36. Paragraph (b) of section 803-A of the not-for-profit corporation 20 law, as amended by chapter 172 of the laws of 1999, is amended to read 21 as follows: 22 (b) A certificate of change which changes only the post office address 23 to which the secretary of state shall mail a copy of any process against 24 the corporation served upon him or her, and/or the email address to 25 which the secretary of state shall email a notice of the fact that proc- 26 ess against it has been electronically served upon the secretary of 27 state, and/or the address of the registered agent, provided such address 28 being changed is the address of a person, partnership or other corpo- 29 ration whose address, as agent, is the address to be changed [or], 30 and/or the email address being changed is the email address of a person, 31 partnership or other corporation, whose email address, as agent, is the 32 email address to be changed, and/or who has been designated as regis- 33 tered agent for such corporation, may be signed and delivered to the 34 department of state by such agent. The certificate of change shall set 35 forth the statements required under subparagraphs (1), (2) and (3) of 36 paragraph (a) of this section; that a notice of the proposed change was 37 mailed to the corporation by the party signing the certificate not less 38 than thirty days prior to the date of delivery to the department and 39 that such corporation has not objected thereto; and that the party sign- 40 ing the certificate is the agent of such corporation to whose address 41 the secretary of state is required to mail copies of any process against 42 the corporation served upon him or her, and/or the agent of the corpo- 43 ration to whose the email address the secretary of state is required to 44 email a notice of the fact that process against the corporation has been 45 electronically served upon him or her, and/or the registered agent, if 46 such be the case. A certificate signed and delivered under this para- 47 graph shall not be deemed to effect a change of location of the office 48 of the corporation in whose behalf such certificate is filed. 49 § 37. Paragraph (c) of section 1310 of the not-for-profit corporation 50 law, as amended by chapter 172 of the laws of 1999, is amended and a new 51 subparagraph 4 is added to paragraph (a) to read as follows: 52 (4) To specify, change or delete the email address to which the secre- 53 tary of state shall email a notice of the fact that process against the 54 corporation has been electronically served upon him or her. 55 (c) A certificate of change of application for authority which changes 56 only the post office address to which the secretary of state shall mailS. 2506--C 105 A. 3006--C 1 a copy of any process against an authorized foreign corporation served 2 upon him or her, the email address to which the secretary of state shall 3 email a notice of the fact that process against it has been electron- 4 ically served upon the secretary of state and/or which changes the 5 address of its registered agent, provided such address is the address of 6 a person, partnership or other corporation whose address, as agent, is 7 the address to be changed, and/or the email address being changed is the 8 email address of a person, partnership or other corporation whose email 9 address, as agent, is the email address to be changed, or who has been 10 designated as registered agent for such authorized foreign corporation, 11 may be signed and delivered to the department of state by such agent. 12 The certificate of change of application for authority shall set forth 13 the statements required under subparagraphs (1), (2), (3) and (4) of 14 paragraph (b) of this section; that a notice of the proposed change was 15 mailed by the party signing the certificate to the authorized foreign 16 corporation not less than thirty days prior to the date of delivery to 17 the department and that such corporation has not objected thereto; and 18 that the party signing the certificate is the agent of such foreign 19 corporation to whose address the secretary of state is required to mail 20 copies of process [or], and/or the agent of such foreign corporation to 21 whose email address the secretary of state is required to email a notice 22 of the fact that process against it has been electronically served upon 23 the secretary of state, and/or the registered agent, if such be the 24 case. A certificate signed and delivered under this paragraph shall not 25 be deemed to effect a change of location of the office of the corpo- 26 ration in whose behalf such certificate is filed. 27 § 38. Subparagraph 6 of paragraph (a) of section 1311 of the not-for- 28 profit corporation law is amended to read as follows: 29 (6) A post office address within or without this state to which the 30 secretary of state shall mail a copy of any process against it served 31 upon him or her. The corporation may include an email address to which 32 the secretary of state shall email a notice of the fact that process 33 against it has been electronically served upon him or her. 34 § 39. Section 1312 of the not-for-profit corporation law, as amended 35 by chapter 375 of the laws of 1998, is amended to read as follows: 36 § 1312. Termination of existence. 37 When an authorized foreign corporation is dissolved or its authority 38 or existence is otherwise terminated or cancelled in the jurisdiction of 39 its incorporation or when such foreign corporation is merged into or 40 consolidated with another foreign corporation, a certificate of the 41 secretary of state, or official performing the equivalent function as to 42 corporate records, of the jurisdiction of incorporation of such foreign 43 corporation attesting to the occurrence of any such event or a certified 44 copy of an order or decree of a court of such jurisdiction directing the 45 dissolution of such foreign corporation, the termination of its exist- 46 ence or the cancellation of its authority shall be delivered to the 47 department of state. The filing of the certificate, order or decree 48 shall have the same effect as the filing of a certificate of surrender 49 of authority under section 1311 (Surrender of authority). The secretary 50 of state shall continue as agent of the foreign corporation upon whom 51 process against it may be served in the manner set forth in paragraph 52 (b) of section 306 (Service of process), in any action or special 53 proceeding based upon any liability or obligation incurred by the 54 foreign corporation within this state prior to the filing of such 55 certificate, order or decree and he shall promptly cause a copy of any 56 such process to be mailed by [registered] certified mail, return receiptS. 2506--C 106 A. 3006--C 1 requested, to such foreign corporation at the post office address on 2 file in his or her office specified for such purpose or a notice of the 3 fact that process against the corporation has been served on him or her 4 to be emailed to the foreign corporation at the email address on file in 5 his or her office specified for such purpose. The post office address 6 and/or email address may be changed by signing and delivering to the 7 department of state a certificate of change setting forth the statements 8 required under section 1310 (Certificate of change[,]; contents) to 9 effect a change in the post office address and/or email address under 10 subparagraph (a) [(4)] (7) of section 1308 (Amendments or changes). 11 § 40. Subdivision (c) of section 121-104 of the partnership law, as 12 added by chapter 950 of the laws of 1990, is amended to read as follows: 13 (c) Any designated post office address to which the secretary of state 14 shall mail a copy of process served upon him as agent of a domestic 15 limited partnership or foreign limited partnership shall continue until 16 the filing of a certificate or other instrument under this article 17 directing the mailing to a different post office address and any desig- 18 nated email address to which the secretary of state shall email a notice 19 of the fact that process against such domestic limited partnership or 20 foreign limited partnership has been electronically served upon him or 21 her as agent of a domestic limited partnership or foreign limited part- 22 nership, shall continue until the filing of a certificate or other 23 instrument under this chapter changing or deleting the email address. 24 § 41. Subdivision (a) and the opening paragraph of subdivision (b) of 25 section 121-109 of the partnership law, as added by chapter 950 of the 26 laws of 1990 and as relettered by chapter 341 of the laws of 1999, are 27 amended to read as follows: 28 (a) Service of process on the secretary of state as agent of a domes- 29 tic or authorized foreign limited partnership shall be made [as30follows:] in the manner provided by paragraph one or two of this subdi- 31 vision. Either option of service authorized pursuant to this subdivision 32 shall be available at no extra cost to the consumer. 33 (1) By personally delivering to and leaving with him or her or his or 34 her deputy, or with any person authorized by the secretary of state to 35 receive such service, at the office of the department of state in the 36 city of Albany, duplicate copies of such process together with the stat- 37 utory fee, which fee shall be a taxable disbursement. 38 [(2)] The service on the limited partnership is complete when the 39 secretary of state is so served. 40 [(3)] The secretary of state shall promptly send one of such copies by 41 certified mail, return receipt requested, addressed to the limited part- 42 nership at the post office address, on file in the department of state, 43 specified for that purpose. 44 (2) Electronically submitting a copy of the process to the department 45 of state together with the statutory fee, which fee shall be a taxable 46 disbursement, through an electronic system operated by the department of 47 state, provided the domestic or authorized foreign limited partnership 48 has an email address on file in the department of state to which the 49 secretary of state shall email a notice of the fact that process has 50 been served electronically on the secretary of state as agent of such 51 domestic or authorized foreign limited partnership. Service of process 52 on such limited partnership or authorized foreign limited partnership 53 shall be complete when the secretary of state has reviewed and accepted 54 service of such process. The secretary of state shall promptly send a 55 notice of the fact that process has been served to such limited partner- 56 ship at the email address on file in the department of state, specifiedS. 2506--C 107 A. 3006--C 1 for the purpose and shall make a copy of the process available to such 2 limited partnership or authorized foreign limited partnership. 3 In any case in which a non-domiciliary would be subject to the 4 personal or other jurisdiction of the courts of this state under article 5 three of the civil practice law and rules, a foreign limited partnership 6 not authorized to do business in this state is subject to a like juris- 7 diction. In any such case, process against such foreign limited partner- 8 ship may be served upon the secretary of state as its agent. Such proc- 9 ess may issue in any court in this state having jurisdiction of the 10 subject matter. Service of process upon the secretary of state shall be 11 made [by personally] in the manner provided by paragraph one or two of 12 this subdivision. Either option of service authorized pursuant to this 13 paragraph shall be available at no extra cost to the consumer. (1) 14 Personally delivering to and leaving with him or his deputy, or with any 15 person authorized by the secretary of state to receive such service, at 16 the office of the department of state in the city of Albany, a copy of 17 such process together with the statutory fee, which fee shall be a taxa- 18 ble disbursement. (2) Electronically submitting a copy of the process 19 to the department of state together with the statutory fee, which fee 20 shall be a taxable disbursement, through an electronic system operated 21 by the department of state. Such service shall be sufficient if notice 22 thereof and a copy of the process are: 23 § 41-a. The partnership law is amended by adding a new section 24 121-109-a to read as follows: 25 § 121-109-a. Electronic service of process. The secretary of state 26 shall advise any partnership subject to the laws of this article in 27 prominent written form as follows: (a) electronic service of process 28 authorized by the provisions of this chapter is an optional program at 29 no additional cost to the user; (b) any partnership subject to the laws 30 of this chapter will continue to receive service of process by mail 31 unless such partnership notifies the secretary of an affirmative choice 32 to receive service of process by way of the program through electronic 33 means, in which case digital copies will be made accessible but paper 34 documents will not be mailed; and (c) such choice may be reversed by the 35 partnership at any time and, thereafter, service by mail will resume. 36 § 42. Paragraph 3 of subdivision (a) of section 121-201 of the part- 37 nership law, as amended by chapter 264 of the laws of 1991, is amended 38 to read as follows: 39 (3) a designation of the secretary of state as agent of the limited 40 partnership upon whom process against it may be served and the post 41 office address within or without this state to which the secretary of 42 state shall mail a copy of any process against it served upon him or 43 her. The limited partnership may include an email address to which the 44 secretary of state shall email a notice of the fact that process against 45 it has been electronically served upon him or her; 46 § 43. Paragraph 4 of subdivision (b) of section 121-202 of the part- 47 nership law, as amended by chapter 576 of the laws of 1994, is amended 48 to read as follows: 49 (4) a change in the name of the limited partnership, or a change in 50 the post office address to which the secretary of state shall mail a 51 copy of any process against the limited partnership served on him or 52 her, a change in the email address to which the secretary of state shall 53 email a notice of the fact that process against the limited partnership 54 has been electronically served upon him or her, or a change in the name 55 or address of the registered agent, if such change is made other than 56 pursuant to section 121-104 or 121-105 of this article.S. 2506--C 108 A. 3006--C 1 § 44. The opening paragraph of subdivision (a) and subdivision (b) of 2 section 121-202-A of the partnership law, as added by chapter 448 of the 3 laws of 1998, are amended to read as follows: 4 A certificate of limited partnership may be changed by filing with the 5 department of state a certificate of change entitled "Certificate of 6 Change of ..... (name of limited partnership) under Section 121-202-A of 7 the Revised Limited Partnership Act" and shall be signed and delivered 8 to the department of state. A certificate of change may (i) specify or 9 change the location of the limited partnership's office; (ii) specify or 10 change the post office address to which the secretary of state shall 11 mail a copy of process against the limited partnership served upon him; 12 [and] (iii) specify, change or delete the email address to which the 13 secretary of state shall email a notice of the fact that process against 14 the limited partnership has been electronically served upon him or her; 15 and (iv) make, revoke or change the designation of a registered agent, 16 or to specify or change the address of its registered agent. It shall 17 set forth: 18 (b) A certificate of change which changes only the post office address 19 to which the secretary of state shall mail a copy of any process against 20 a limited partnership served upon him or her, the email address to 21 which the secretary of state shall email a notice of the fact that proc- 22 ess against it has been electronically served upon the secretary of 23 state, and/or the address of the registered agent, provided such address 24 being changed is the address of a person, partnership or corporation 25 whose address, as agent, is the address to be changed, and/or the email 26 address being changed is the email address of a person, partnership or 27 other corporation whose email address, as agent, is the email address to 28 be changed, or who has been designated as registered agent for such 29 limited partnership shall be signed and delivered to the department of 30 state by such agent. The certificate of change shall set forth the 31 statements required under subdivision (a) of this section; that a notice 32 of the proposed change was mailed to the domestic limited partnership by 33 the party signing the certificate not less than thirty days prior to the 34 date of delivery to the department of state and that such domestic 35 limited partnership has not objected thereto; and that the party signing 36 the certificate is the agent of such limited partnership to whose 37 address the secretary of state is required to mail copies of process 38 [or], and/or the agent to whose email address the secretary of state is 39 required to email a notice of the fact that process against it has been 40 electronically served upon the secretary of state, and/or the registered 41 agent, if such be the case. A certificate signed and delivered under 42 this subdivision shall not be deemed to effect a change of location of 43 the office of the limited partnership in whose behalf such certificate 44 is filed. 45 § 45. Paragraph 4 of subdivision (a) of section 121-902 of the part- 46 nership law, as amended by chapter 172 of the laws of 1999, is amended 47 to read as follows: 48 (4) a designation of the secretary of state as its agent upon whom 49 process against it may be served and the post office address within or 50 without this state to which the secretary of state shall mail a copy of 51 any process against it served upon him or her. The limited partnership 52 may include an email address to which the secretary of state shall email 53 a notice of the fact that process against it has been electronically 54 served upon him or her;S. 2506--C 109 A. 3006--C 1 § 46. The opening paragraph of subdivision (a) and subdivision (b) of 2 section 121-903-A of the partnership law, as added by chapter 448 of the 3 laws of 1998, are amended to read as follows: 4 A foreign limited partnership may change its application for authority 5 by filing with the department of state a certificate of change entitled 6 "Certificate of Change of ........ (name of limited partnership) under 7 Section 121-903-A of the Revised Limited Partnership Act" and shall be 8 signed and delivered to the department of state. A certificate of change 9 may (i) change the location of the limited partnership's office; (ii) 10 change the post office address to which the secretary of state shall 11 mail a copy of process against the limited partnership served upon him; 12 [and] (iii) specify, change or delete the email address to which the 13 secretary of state shall email a notice of the fact that process against 14 the limited partnership has been electronically served upon him or her; 15 and (iv) make, revoke or change the designation of a registered agent, 16 or to specify or change the address of its registered agent. It shall 17 set forth: 18 (b) A certificate of change which changes only the post office address 19 to which the secretary of state shall mail a copy of any process against 20 a foreign limited partnership served upon him or her, and/or the email 21 address to which the secretary of state shall email a notice of the fact 22 that process against it has been electronically served upon the secre- 23 tary of state, and/or the address of the registered agent, provided such 24 address being changed is the address of a person, partnership or corpo- 25 ration whose address, as agent, is the address to be changed, and/or the 26 email address being changed is the email address of a person, partner- 27 ship or other corporation whose email address, as agent, is the email 28 address to be changed, or who has been designated as registered agent 29 for such foreign limited partnership shall be signed and delivered to 30 the department of state by such agent. The certificate of change shall 31 set forth the statements required under subdivision (a) of this section; 32 that a notice of the proposed change was mailed to the foreign limited 33 partnership by the party signing the certificate not less than thirty 34 days prior to the date of delivery to the department of state and that 35 such foreign limited partnership has not objected thereto; and that the 36 party signing the certificate is the agent of such foreign limited part- 37 nership to whose address the secretary of state is required to mail 38 copies of process [or], the email address of the party to whose email 39 address the secretary of state is required to mail a notice of the fact 40 that process against it has been electronically served upon the secre- 41 tary of state and/or the registered agent, if such be the case. A 42 certificate signed and delivered under this subdivision shall not be 43 deemed to effect a change of location of the office of the limited part- 44 nership in whose behalf such certificate is filed. 45 § 47. Paragraph 6 of subdivision (b) of section 121-905 of the part- 46 nership law, as added by chapter 950 of the laws of 1990, is amended to 47 read as follows: 48 (6) a post office address within or without this state to which the 49 secretary of state shall mail a copy of any process against it served 50 upon him or her. The limited partnership may include an email address to 51 which the secretary of state shall email a notice of the fact that proc- 52 ess against it has been electronically served upon him or her. 53 § 48. Section 121-906 of the partnership law, as amended by chapter 54 172 of the laws of 1999, is amended to read as follows: 55 § 121-906. Termination of existence. When a foreign limited partner- 56 ship which has received a certificate of authority is dissolved or itsS. 2506--C 110 A. 3006--C 1 authority to conduct its business or existence is otherwise terminated 2 or cancelled in the jurisdiction of its organization or when such 3 foreign limited partnership is merged into or consolidated with another 4 foreign limited partnership, (i) a certificate of the secretary of 5 state, or official performing the equivalent function as to limited 6 partnership records, in the jurisdiction of organization of such limited 7 partnership attesting to the occurrence of any such event, or (ii) a 8 certified copy of an order or decree of a court of such jurisdiction 9 directing the dissolution of such foreign limited partnership, the 10 termination of its existence or the surrender of its authority, shall be 11 delivered to the department of state. The filing of the certificate, 12 order or decree shall have the same effect as the filing of a certif- 13 icate of surrender of authority under section 121-905 of this article. 14 The secretary of state shall continue as agent of the foreign limited 15 partnership upon whom process against it may be served in the manner set 16 forth in section 121-109 of this article, in any action or proceeding 17 based upon any liability or obligation incurred by the foreign limited 18 partnership within this state prior to the filing of such certificate, 19 order or decree. The post office address and/or email address may be 20 changed by filing with the department of state a certificate of amend- 21 ment under section 121-903 or a certificate of change under section 22 121-903-A of this article. 23 § 49. Paragraph 7 of subdivision (a) of section 121-1103 of the part- 24 nership law, as added by chapter 950 of the laws of 1990, is amended to 25 read as follows: 26 (7) A designation of the secretary of state as its agent upon whom 27 process against it may be served in the manner set forth in section 28 121-109 of this article in any action or special proceeding, and a post 29 office address, within or without this state, to which the secretary of 30 state shall mail a copy of any process served upon him or her. The 31 limited partnership may include an email address to which the secretary 32 of state shall email a notice of the fact that process against it has 33 been electronically served upon him or her. Such post office address or 34 email address shall supersede any prior address designated as the 35 address to which process shall be mailed or a notice emailed. 36 § 50. Subparagraph 4 of paragraph (I) of subdivision (a) and subdivi- 37 sion (j-1) of section 121-1500 of the partnership law, paragraph (I) of 38 subdivision (a) as amended by chapter 643 of the laws of 1995 and as 39 redesignated by chapter 767 of the laws of 2005 and subdivision (j-1) as 40 added by chapter 448 of the laws of 1998, are amended to read as 41 follows: 42 (4) a designation of the secretary of state as agent of the partner- 43 ship without limited partners upon whom process against it may be served 44 and the post office address within or without this state to which the 45 secretary of state shall mail a copy of any process against it or served 46 upon it. The partnership without limited partners may include an email 47 address to which the secretary of state shall email a notice of the fact 48 that process against it has been electronically served upon him or her; 49 (j-1) A certificate of change which changes only the post office 50 address to which the secretary of state shall mail a copy of any process 51 against a registered limited liability partnership served upon him or 52 her, and/or the email address to which the secretary of state shall 53 email a notice of the fact that process against it has been electron- 54 ically served upon the secretary of state, and/or the address of the 55 registered agent, provided such address being changed is the address of 56 a person, partnership or corporation whose address, as agent, is theS. 2506--C 111 A. 3006--C 1 address to be changed [or], and/or the email address being changed is 2 the email address of a person, partnership or other corporation whose 3 email address, as agent, is the email address to be changed, and/or who 4 has been designated as registered agent for such registered limited 5 liability partnership shall be signed and delivered to the department of 6 state by such agent. The certificate of change shall set forth: (i) the 7 name of the registered limited liability partnership and, if it has been 8 changed, the name under which it was originally filed with the depart- 9 ment of state; (ii) the date of filing of its initial registration or 10 notice statement; (iii) each change effected thereby; (iv) that a notice 11 of the proposed change was mailed to the limited liability partnership 12 by the party signing the certificate not less than thirty days prior to 13 the date of delivery to the department of state and that such limited 14 liability partnership has not objected thereto; and (v) that the party 15 signing the certificate is the agent of such limited liability partner- 16 ship to whose address the secretary of state is required to mail copies 17 of process [or], and/or to whose email address the secretary of state is 18 required to mail a notice of the fact that process against it has been 19 electronically served upon the secretary of state, and/or the registered 20 agent, if such be the case. A certificate signed and delivered under 21 this subdivision shall not be deemed to effect a change of location of 22 the office of the limited liability partnership in whose behalf such 23 certificate is filed. The certificate of change shall be accompanied by 24 a fee of five dollars. 25 § 51. Paragraph (v) of subdivision (a) and subdivision (i-1) of 26 section 121-1502 of the partnership law, paragraph (v) of subdivision 27 (a) as amended by chapter 470 of the laws of 1997 and subdivision (i-1) 28 as added by chapter 448 of the laws of 1998, are amended to read as 29 follows: 30 (v) a designation of the secretary of state as agent of the foreign 31 limited liability partnership upon whom process against it may be served 32 and the post office address within or without this state to which the 33 secretary of state shall mail a copy of any process against it or served 34 upon it. The foreign limited liability partnership may include an email 35 address to which the secretary of state shall email a notice of the fact 36 that process against it has been electronically served upon him or her; 37 (i-1) A certificate of change which changes only the post office 38 address to which the secretary of state shall mail a copy of any process 39 against a New York registered foreign limited liability partnership 40 served upon him or her, and/or the email address to which the secretary 41 of state shall email a notice of the fact that process against it has 42 been electronically served upon the secretary of state, and/or the 43 address of the registered agent, provided such address being changed is 44 the address of a person, partnership or corporation whose address, as 45 agent, is the address to be changed [or], and/or the email address being 46 changed is the email address of a person, partnership or other corpo- 47 ration whose email address, as agent, is the email address to be 48 changed, and/or who has been designated as registered agent of such 49 registered foreign limited liability partnership shall be signed and 50 delivered to the department of state by such agent. The certificate of 51 change shall set forth: (i) the name of the New York registered foreign 52 limited liability partnership; (ii) the date of filing of its initial 53 registration or notice statement; (iii) each change effected thereby; 54 (iv) that a notice of the proposed change was mailed to the limited 55 liability partnership by the party signing the certificate not less than 56 thirty days prior to the date of delivery to the department of state andS. 2506--C 112 A. 3006--C 1 that such limited liability partnership has not objected thereto; and 2 (v) that the party signing the certificate is the agent of such limited 3 liability partnership to whose address the secretary of state is 4 required to mail copies of process [or], and/or to whose email address 5 the secretary of state is required to mail a notice of the fact that 6 process against it has been electronically served upon the secretary of 7 state, and/or the registered agent, if such be the case. A certificate 8 signed and delivered under this subdivision shall not be deemed to 9 effect a change of location of the office of the limited liability part- 10 nership in whose behalf such certificate is filed. The certificate of 11 change shall be accompanied by a fee of five dollars. 12 § 52. Subdivision (a) of section 121-1505 of the partnership law, as 13 added by chapter 470 of the laws of 1997, is amended to read as follows: 14 (a) Service of process on the secretary of state as agent of a regis- 15 tered limited liability partnership or New York registered foreign 16 limited liability partnership under this article shall be made [by17personally] in the manner provided by paragraph one or two of this 18 subdivision. Either option of service authorized pursuant to this 19 subdivision shall be available at no extra cost to the consumer. (1) 20 Personally delivering to and leaving with the secretary of state or a 21 deputy, or with any person authorized by the secretary of state to 22 receive such service, at the office of the department of state in the 23 city of Albany, duplicate copies of such process together with the stat- 24 utory fee, which fee shall be a taxable disbursement. Service of process 25 on such registered limited liability partnership shall be complete when 26 the secretary of state is so served. The secretary of state shall 27 promptly send one of such copies by certified mail, return receipt 28 requested, to such registered limited liability partnership, at the post 29 office address on file in the department of state specified for such 30 purpose. (2) Electronically submitting a copy of the process to the 31 department of state together with the statutory fee, which fee shall be 32 a taxable disbursement, through an electronic system operated by the 33 department of state, provided the registered limited liability partner- 34 ship or New York registered foreign limited liability partnership has an 35 email address on file in the department of state to which the secretary 36 of state shall email a notice of the fact that process against such 37 registered limited liability partnership or New York registered foreign 38 limited liability partnership served has been electronically served on 39 the secretary of state. Service of process on such registered limited 40 liability partnership or New York registered foreign limited liability 41 partnership shall be complete when the secretary of state has reviewed 42 and accepted service of such process. The secretary of state shall 43 promptly send a notice of the fact that process against such registered 44 limited liability partnership or New York registered foreign limited 45 liability partnership has been served electronically upon him or her, to 46 such registered limited liability partnership or New York registered 47 foreign limited liability partnership at the email address on file in 48 the department of state, specified for the purpose and shall make a copy 49 of the process available to such registered limited liability partner- 50 ship or New York registered foreign limited liability partnership. 51 § 52-a. The partnership law is amended by adding a new section 52 121-1505-a to read as follows: 53 § 121-1505-a. Electronic service of process. The secretary of state 54 shall advise any partnership subject to the laws of this article in 55 prominent written form as follows: (a) electronic service of process 56 authorized by the provisions of this chapter is an optional program atS. 2506--C 113 A. 3006--C 1 no additional cost to the user; (b) any partnership subject to the laws 2 of this chapter will continue to receive service of process by mail 3 unless such partnership notifies the secretary of an affirmative choice 4 to receive service of process by way of the program through electronic 5 means, in which case digital copies will be made accessible but paper 6 documents will not be mailed; and (c) such choice may be reversed by the 7 partnership at any time and, thereafter, service by mail will resume. 8 § 53. Subdivision 7 of section 339-n of the real property law, as 9 amended by chapter 346 of the laws of 1997, is amended to read as 10 follows: 11 7. A designation of the secretary of state as agent of the corporation 12 or board of managers upon whom process against it may be served and the 13 post office address within or without this state to which the secretary 14 of state shall mail a copy of any process against it served upon him or 15 her. The designation may include an email address to which the secretary 16 of state shall email a notice of the fact that process against it has 17 been electronically served upon him or her. Service of process on the 18 secretary of state as agent of such corporation or board of managers 19 shall be made [personally] in the manner provided by paragraph (a) or 20 (b) of this subdivision. Either option of service authorized pursuant 21 to this subdivision shall be available at no extra cost to the consumer. 22 (a) Personally delivering to and leaving with him or her or his or her 23 deputy, or with any person authorized by the secretary of state to 24 receive such service, at the office of the department of state in the 25 city of Albany, duplicate copies of such process together with the stat- 26 utory fee, which shall be a taxable disbursement. Service of process on 27 such corporation or board of managers shall be complete when the secre- 28 tary of state is so served. The secretary of state shall promptly send 29 one of such copies by certified mail, return receipt requested, to such 30 corporation or board of managers, at the post office address, on file in 31 the department of state, specified for such purpose. (b) Electronically 32 submitting a copy of the process to the department of state together 33 with the statutory fee, which fee shall be a taxable disbursement, 34 through an electronic system operated by the department of state, 35 provided the corporation or board of managers has an email address on 36 file in the department of state to which the secretary of state shall 37 email a notice of the fact that process against the corporation or board 38 of managers has been served electronically on the secretary of state. 39 Service of process on such corporation or board of managers shall be 40 complete when the secretary of state has reviewed and accepted service 41 of such process. The secretary of state shall promptly send notice of 42 the fact that process has been served electronically on the secretary of 43 state to such corporation or board of managers at the email address on 44 file in the department of state, specified for the purpose and shall 45 make a copy of the process available to such corporation or board of 46 managers. Nothing in this subdivision shall affect the right to serve 47 process in any other manner permitted by law. The corporation or board 48 of managers shall also file with the secretary of state the name and 49 post office address within or without this state to which the secretary 50 of state shall mail a copy of any process against it served upon the 51 secretary of state and shall update the filing as necessary. 52 § 54. This act shall take effect January 1, 2023. 53 PART LLS. 2506--C 114 A. 3006--C 1 Section 1. Short title. This act shall be known and may be cited as 2 the "community violence intervention act". 3 § 2. The executive law is amended by adding a new section 636 to read 4 as follows: 5 § 636. Community violence intervention act. 1. Legislative findings. 6 The legislature hereby finds and declares that gun violence and other 7 forms of violence constitute a crisis that poses a serious threat to the 8 health and quality of life of all residents of the state of New York. An 9 epidemic of violence is tearing at the fabric of life in many urban 10 areas. The legislature further finds that funds from the Victims of 11 Crime Act should be used to support hospital based violence intervention 12 programs and community based violence intervention programs. 13 2. Community violence intervention grants. The office shall dedicate 14 ten percent or more of the total funding received per award cycle 15 pursuant to the federal Victims of Crime Act of 1984 to support: 16 (a) "community-based violence intervention programs" which shall mean 17 a violence intervention program that is: (i) a nonprofit organization; 18 and (ii) provides intensive counseling, case management, and social 19 services to individuals who are recovering from injuries resulting from 20 violence or who were witness to acts of violence; 21 (b) "hospital-based violence intervention programs" which shall mean a 22 violence intervention program that is: (i) operated by: (A) a public 23 hospital; or (B) a nonprofit or government entity in collaboration with 24 a public or not-for-profit hospital; and (ii) provides intensive coun- 25 seling, case management, and social services to individuals who are 26 recovering from injuries resulting from violence or who were witness to 27 acts of violence. 28 3. The office shall promulgate guidance relating to community violence 29 intervention for hospital-based violence intervention programs and 30 community-based violence intervention programs. 31 (a) This guidance shall be designed to promote: 32 (i) alternative funding sources other than the state, including local 33 government and private sources as well as funding from the federal 34 Victims of Crime Act of 1984; 35 (ii) coordination of public and private efforts to aid individuals who 36 are recovering from injuries resulting from violence or who were 37 witnesses to acts of violence; and 38 (iii) long range development of services to victims of violent crimes 39 in the community. 40 (b) This guidance shall also provide for: 41 (i) clearly defined and measurable objectives intended to demonstrate 42 that a program is developed and evaluated through scientific research 43 and data collection with measurable evidence of positive outcomes 44 related to violence intervention; 45 (ii) a description of how the nonprofit organization proposes to use 46 the funding to: 47 (A) establish or enhance community-based violence intervention 48 programs; 49 (B) enhance coordination of existing violence intervention programs, 50 if any, to minimize duplication of services; and 51 (C) plan for the collection of relevant data; and 52 (iii) outreach to the community and education and training of law 53 enforcement and other criminal justice officials to the needs of victims 54 of violent crimes in the community, to perpetrators of violent crimes 55 and to witnesses of violent crimes involved in criminal prosecutions.S. 2506--C 115 A. 3006--C 1 4. To the extent practicable, the office shall make efforts to inform 2 community-based violence intervention programs and hospital-based inter- 3 vention programs about anticipated awards. 4 § 3. This act shall take effect immediately. 5 PART MM 6 Section 1. Short title. This act shall be known and may be cited as 7 the "comprehensive broadband connectivity act". 8 § 2. The public service law is amended by adding a new section 224-c 9 to read as follows: 10 § 224-c. Broadband and fiber optic services. 1. For the purposes of 11 this section: 12 (a) The term "served" means any location with at least two internet 13 service providers and at least one such provider offers high-speed 14 internet service. 15 (b) The term "underserved" means any location which has fewer than two 16 internet service providers, or has internet speeds of at least 25 mega- 17 bits per second (mbps) download but less than 100 mbps download avail- 18 able. 19 (c) The term "unserved" means any location which has no fixed wireless 20 service or wired service with speeds of less than 25 mbps download 21 available. 22 (d) The term "high-speed internet service" means internet service of 23 at least 100 mbps download and at least 10 mbps upload. 24 (e) The term "broadband service" shall mean a mass-market retail 25 service that provides the capability to transmit data to and receive 26 data from all or substantially all internet endpoints, including any 27 capabilities that are incidental to and enable the operation of the 28 communications service, but shall not include dial-up service. 29 (f) The term "location" shall mean a geographic area smaller than a 30 census tract. 31 (g) The term "internet service provider" shall mean any person, busi- 32 ness or organization qualified to do business in this state that 33 provides individuals, corporations, or other entities with the ability 34 to connect to the internet. 35 2. The commission shall study the availability, reliability, and cost 36 of high-speed internet and broadband services in New York state. The 37 commission shall, to the extent practicable: 38 (a) identify areas at a census block level that are served by a sole 39 provider and assess any state regulatory and statutory barriers related 40 to the delivery of comprehensive statewide access to high-speed inter- 41 net; 42 (b) review available technology to identify solutions that best 43 support high-speed internet service in underserved or unserved areas, 44 and make recommendations on ensuring deployment of such technology in 45 underserved and unserved areas; 46 (c) identify instances during the study period where local governments 47 have notified the commission of alleged non-compliance with franchise 48 agreements and instances of commission or department enforcement actions 49 that have had a direct impact on internet access; 50 (d) identify locations where insufficient access to high-speed inter- 51 net and/or broadband service, and/or persistent digital divide, is caus- 52 ing negative social or economic impact on the community; and 53 (e) produce and publish on its website, a detailed internet access map 54 of the state, indicating access to internet service by location. SuchS. 2506--C 116 A. 3006--C 1 map shall include, but not be limited to, the following information for 2 each location: 3 (i) download and upload speeds advertised and experienced; 4 (ii) the consistency and reliability of download and upload speeds 5 including latency; 6 (iii) the types of internet service and technologies available includ- 7 ing but not limited to dial-up, broadband, wireless, fiber, coax, or 8 satellite; 9 (iv) the number of internet service providers available, the price of 10 internet service available; and 11 (v) any other factors the commission may deem relevant. 12 3. The commission shall submit a report of its findings and recommen- 13 dations from the study required in subdivision two of this section, to 14 the governor, the temporary president of the senate and the speaker of 15 the assembly no later than one year after the effective date of this 16 section, and an updated report annually thereafter. Such report shall 17 include, but not be limited to, the following, to the extent such infor- 18 mation is available: 19 (a) the overall number of residences with access to high-speed inter- 20 net identifying which areas are served, unserved and underserved; 21 (b) a regional survey of internet service prices in comparison to 22 county-level median income; 23 (c) any relevant consumer subscription statistics; 24 (d) any other metrics or analyses the commission deems necessary in 25 order to assess the availability, cost, and reliability of internet 26 service in New York state; and 27 (e) the map maintained pursuant to paragraph (e) of subdivision two of 28 this section. 29 4. The commission shall hold at least one public hearing in an upstate 30 region and one in a downstate region within one year of the effective 31 date of this section, to solicit input from the public and other stake- 32 holders including but not limited to internet service providers, tele- 33 communications concerns, labor organizations, public safety organiza- 34 tions, healthcare, education, agricultural and other businesses or 35 organizations. 36 5. To effectuate the purposes of this section, the commission may 37 request and shall receive from any department, division, board, bureau, 38 commission or other agency of the state or any state public authority 39 such assistance, information and data as will enable the commission to 40 carry out its powers and duties under this section. Additionally, 41 internet service providers shall provide any information and data 42 requested by the commission that is related to the study required under 43 this section. 44 § 3. This act shall take effect on the thirtieth day after it shall 45 have become a law. 46 PART NN 47 Section 1. The general business law is amended by adding a new 48 section 399-zzzzz to read as follows: 49 § 399-zzzzz. Broadband service for low-income consumers. 1. For the 50 purposes of this section, the term "broadband service" shall mean a 51 mass-market retail service that provides the capability to transmit data 52 to and receive data from all or substantially all internet endpoints, 53 including any capabilities that are incidental to and enable the opera- 54 tion of the communications service provided by a wireline, fixed wire-S. 2506--C 117 A. 3006--C 1 less or satellite service provider, but shall not include dial-up 2 service. 3 2. Every person, business, corporation, or their agents providing or 4 seeking to provide wireline, fixed wireless or satellite broadband 5 service in New York state shall, no later than sixty days after the 6 effective date of this section, offer high speed broadband service to 7 low-income consumers whose household: (a) is eligible for free or 8 reduced-priced lunch through the National School Lunch Program; or (b) 9 is eligible for, or receiving the supplemental nutrition assistance 10 program benefits; or (c) is eligible for, or receiving Medicaid bene- 11 fits; or (d) is eligible for, or enrolled in senior citizen rent 12 increase exemption; or (e) is eligible for, or enrolled in disability 13 rent increase exemption; or (f) is a recipient of an affordability bene- 14 fit from a utility. Such low-income broadband service shall provide a 15 minimum download speed equal to the greater of twenty-five megabits per 16 second download speed or the download speed of the provider's existing 17 low-income broadband service sold to customers in the state subject to 18 exceptions adopted by the Public Service Commission where such download 19 speed is not reasonably practicable. 20 3. Broadband service for low-income consumers, as set forth in this 21 section, shall be provided at a cost of no more than fifteen dollars per 22 month, inclusive of any recurring taxes and fees such as recurring 23 rental fees for service provider equipment required to obtain broadband 24 service and usage fees. Broadband service providers shall allow low-in- 25 come broadband service subscribers to purchase standalone or bundled 26 cable and/or phone services separately. Broadband service providers may, 27 once every five years, and after thirty days' notice to its customers 28 and the department of public service, increase the price of this service 29 by the lesser of the most recent change in the consumer price index or a 30 maximum of two percent per year of the price for such service. 31 4. A broadband service provider who offers a high speed broadband 32 service to eligible low-income customers, as such term is used in subdi- 33 vision two of this section, at a download speed of two hundred megabits 34 per second or greater at a cost of no more than twenty dollars per 35 month, inclusive of any recurring taxes and fees such as recurring 36 rental fees for service provider equipment required to obtain broadband 37 service and usage fees, shall be considered to be in compliance with the 38 requirements of subdivisions two and three of this section. Such provid- 39 ers may, once every two years, and after thirty days' notice to its 40 customers and the department of public service, increase the price of 41 such service by the lesser of the most recent change in the consumer 42 price index or a maximum of two percent per year of the price for such 43 service. 44 5. The requirements of subdivisions two and three of this section 45 shall not apply to any broadband service provider providing service to 46 no more than twenty thousand households, if the public service commis- 47 sion determines that compliance with such requirements would result in 48 unreasonable or unsustainable financial impact on the broadband service 49 provider. 50 6. Any contract or agreement for broadband service targeted to low-in- 51 come consumers provided by an entity described in subdivision two of 52 this section, pursuant to this section or otherwise, shall have the same 53 terms and conditions, other than price and speed set pursuant to this 54 section, as for the regularly priced offerings for similar service 55 provided by such entity.S. 2506--C 118 A. 3006--C 1 7. Every person, business, corporation, or their agents providing or 2 seeking to provide broadband service in New York state shall make all 3 commercially reasonable efforts to promote and advertise the availabili- 4 ty of broadband service for low-income consumers including, but not 5 limited to, the prominent display of, and enrollment procedures for, 6 such service on its website and in any written and commercial promo- 7 tional materials developed to inform consumers who may be eligible for 8 service pursuant to this section. 9 8. Every person, business, corporation, or their agents providing or 10 seeking to provide broadband service in New York state shall annually 11 submit to the department of public service, no later than November 12 fifteenth after the effective date of this act, and annually thereafter, 13 a compliance report setting forth: (a) a description of the service 14 offered pursuant to this section; (b) the number of consumers enrolled 15 in such service; (c) a description of the procedures being used to veri- 16 fy the eligibility of customers receiving such service; (d) a 17 description and samples of the advertising or marketing efforts under- 18 taken to advertise or promote such service; (e) a description of all 19 retail rate products, including pricing, offered by such person, busi- 20 ness, corporation, or their agents; (f) a description, including speed 21 and price, of all broadband products offered in the state of New York; 22 (g) a description of the number of customers in arrears for the payment 23 for broadband service, percentage of customers in arrears that qualify 24 for low-income broadband service, the number of households that have had 25 their service terminated as a result of non-payment, the number of 26 customers whose service was terminated for arrears arising from non-pay- 27 ment for services other than broadband service, and the number of house- 28 holds that have their broadband service restored after being delinquent 29 on their payments; and such other information as the department of 30 public service may require. 31 9. The department of public service shall, within two years of the 32 effective date of this section and at least every five years thereafter, 33 undertake a proceeding to determine if the minimum broadband download 34 speed in this section should be increased to the federal communications 35 commission's benchmark broadband download speed, or to another minimum 36 broadband download speed if the federal communications commission has 37 not increased its benchmark by such date. The department of public 38 service shall also: (a) undertake appropriate measures to inform the 39 public about available broadband products, including retail rate product 40 offerings and low-income offerings; and (b) periodically, but no less 41 than once every five years, review eligibility requirements for the 42 low-income service required pursuant to this section, and update such 43 requirements as may be necessary to meet the needs of consumers. 44 10. Whenever there shall be a violation of this section, an applica- 45 tion may be made by the attorney general in the name of the people of 46 the state of New York to a court or justice having jurisdiction by a 47 special proceeding to issue an injunction, and upon notice to the 48 defendant of not less than five days, to enjoin and restrain the contin- 49 uance of such violation; and if it shall appear to the satisfaction of 50 the court or justice that the defendant has, in fact, violated this 51 section, an injunction may be issued by the court or justice, enjoining 52 and restraining any further violations, without requiring proof that any 53 person has, in fact, been injured or damaged thereby. In any such 54 proceeding, the court may make allowances to the attorney general as 55 provided in paragraph six of subdivision (a) of section eighty-three 56 hundred three of the civil practice law and rules, and direct restitu-S. 2506--C 119 A. 3006--C 1 tion. Whenever the court shall determine that a violation of this 2 section has occurred, the court may impose a civil penalty of not more 3 than one thousand dollars per violation. In connection with any such 4 proposed application, the attorney general is authorized to take proof 5 and make a determination of the relevant facts and to issue subpoenas in 6 accordance with the civil practice law and rules. 7 § 2. This act shall take effect immediately. 8 PART OO 9 Section 1. Section 106 of the social services law, as amended by 10 section 1 of part S of chapter 56 of the laws of 2014, is amended to 11 read as follows: 12 § 106. Powers of social services official to receive and dispose of a 13 deed, mortgage, or lien. 1. A social services official responsible, by 14 or pursuant to any provision of this chapter, for the administration of 15 assistance [or care] granted or applied for [may] shall not accept a 16 deed of real property and/or a mortgage thereon on behalf of the social 17 services district for the assistance [and care] of a person at public 18 expense [but such property shall not be considered as public property19and shall remain on the tax rolls and such deed or mortgage shall be20subject to redemption as provided in paragraph (a) of subdivision six21hereof]. 22 2. [A social services official may not assert any claim under any23provision of this section to recover] (a) Notwithstanding subdivision 24 one of this section, if, prior to the effective date of the chapter of 25 the laws of two thousand twenty-one that amended this section, a social 26 services official accepted a deed of real property and/or a mortgage on 27 behalf of the social services district for the assistance of a person at 28 public expense, such social services official shall not assert any claim 29 under any provision of this section to recover: 30 (1) payments made as part of Supplemental Nutrition Assistance Program 31 (SNAP), child care services, Emergency Assistance to Adults or the Home 32 Energy Assistance Program (HEAP)[.333. A social services official may not assert any claim under any34provision of this section to recover]; 35 (2) payments of public assistance if such payments were reimbursed by 36 child support collections[.374. A social services official may not assert any claim under any38provision of this section to recover]; 39 (3) payments of public assistance unless, before [it has accepted] a 40 deed or mortgage was accepted from an applicant or recipient, [it has] 41 the official first received a signed acknowledgment from the applicant 42 or recipient acknowledging that: 43 [(a)] A. benefits provided as part of Supplemental Nutrition Assist- 44 ance Program (SNAP), child care services, Emergency Assistance to Adults 45 or the Home Energy Assistance Program (HEAP) may not be included as part 46 of the recovery to be made under the mortgage or lien; and 47 [(b)] B. if the applicant or recipient declines to provide the lien or 48 mortgage the children in the household shall remain eligible for public 49 assistance. 50 [5. (a)] (b) Such property shall not be considered public property and 51 shall remain on the tax rolls and such deed or mortgage shall be subject 52 to redemption as provided in subparagraph one of paragraph (d) of this 53 subdivision.S. 2506--C 120 A. 3006--C 1 (c) (1) Until a deed, mortgage, or lien, accepted prior to [or after] 2 the effective date of this [act,] section is satisfied or otherwise 3 disposed of, the social services district shall issue and mail to the 4 last known address of the person [giving] who gave such deed or mort- 5 gage, or his or her estate or those entitled thereto, a biennial 6 accounting of the public assistance incurred and repairs and taxes paid 7 on property. The social services district shall provide such accounting 8 no later than February first, two thousand sixteen and biennially there- 9 after. 10 [(b)] (2) Such accounting shall include information regarding the debt 11 owed as of the end of the district's most recent fiscal year including, 12 but not limited to: 13 [(1)] A. an enumeration of all public assistance incurred by the 14 person [giving] who gave such deed or mortgage or his or her household 15 to date; 16 [(2)] B. the current amount of recoverable public assistance under the 17 deed or mortgage; 18 [(3)] C. the amount of any credits against public assistance including 19 but not limited to: 20 [A.] (i) the amount of child support collected and retained by the 21 social services district as reimbursement for public assistance; 22 [B.] (ii) recoveries made under section one hundred four of this 23 title; 24 [C.] (iii) recoveries made under section one hundred thirty-one-r of 25 this chapter. 26 [(4)] D. Said accounting shall also provide information regarding the 27 manner in which payments may be made to the social services district to 28 reduce the amount of the mortgage or lien. 29 [(c)] (3) In the event that a biennial accounting is not issued and 30 mailed to the last known address of the person [giving] who gave such 31 deed or mortgage or his or her estate or those entitled thereto, within 32 the time period required in [paragraph (a) of this subdivision] subpara- 33 graph one of this paragraph, no public assistance shall be recoverable 34 under this section for the previous two fiscal years. In the event that 35 a biennial accounting is not issued and mailed to the last known address 36 of the person [giving] who gave such deed or mortgage or his or her 37 estate or those entitled thereto, within the time period required in 38 [paragraph (a) of this subdivision] subparagraph one of this paragraph, 39 and such person has received no recoverable public assistance in the 40 district's most recent fiscal year, no public assistance shall be recov- 41 erable under this section for the most recent two fiscal years where 42 public assistance remains recoverable. 43 [6. (a) (1)] (d) (1) A. Until such property or mortgage is sold, 44 assigned or foreclosed pursuant to law by the social services official, 45 the person [giving] who gave such deed or mortgage, or his or her estate 46 or those entitled thereto, may redeem the same by the payment of all 47 expenses incurred for the support of the person, and for repairs and 48 taxes paid on such property, provided, however, that a social services 49 official may enter into a contract for such redemption, subject to the 50 provisions of this [paragraph] subparagraph, and containing such terms 51 and conditions, including provisions for periodic payments, without 52 interest, for an amount less than the full expenses incurred for the 53 support of the person and for repairs and taxes paid on such property 54 (hereinafter called a "lesser sum"), which lesser sum shall in no event 55 be less than the difference between the appraised value of such property 56 and the total of the then unpaid principal balance of any recorded mort-S. 2506--C 121 A. 3006--C 1 gages and the unpaid balance of sums secured by other liens against such 2 property. 3 [(2)] B. In the case of a redemption for a lesser sum, the social 4 services official shall obtain (i) an appraisal of the current market 5 value of such property, by an appraiser acceptable to both parties, and 6 (ii) a statement of the principal balance of any recorded mortgages or 7 other liens against such property (excluding the debt secured by the 8 deed, mortgage or lien of the social services official). Any expenses 9 incurred pursuant to this [paragraph] subparagraph shall be audited and 10 allowed in the same manner as other official expenses. 11 [(3)] C. Every redemption contract for any lesser sum shall be 12 approved by the department upon an application by the social services 13 official containing the appraisal and statement required by [subpara-14graph two] clause B of this subparagraph, a statement by the social 15 services official of his or her reasons for entering into the contract 16 for such lesser sum and any other information required by regulations of 17 the department. 18 [(4)] D. So long as the terms of the approved redemption contract are 19 performed, no public sale of such property shall be held. 20 [(5)] E. The redemption for a lesser sum shall reduce the claim of the 21 social services official against the recipient on the implied contract 22 under section one hundred four of this [chapter] title or under any 23 other law, to the extent of all sums paid in redemption. 24 [(b)] (2) In order to allow a minimum period for redemption, the 25 social services official shall not sell the property or mortgage until 26 after the expiration of one year from the date he or she received the 27 deed or mortgage, but if unoccupied property has not been redeemed with- 28 in six months from the date of death of the person who conveyed it to 29 him or her by deed the social services official may thereafter, and 30 before the expiration of such year, sell the property. 31 [(c)] (3) Except as otherwise provided in this chapter, upon the death 32 of the person or his or her receiving institutional care, if the mort- 33 gage has not been redeemed, sold or assigned, the social services offi- 34 cial may enforce collection of the mortgage debt in the manner provided 35 for the foreclosure of mortgages by action. 36 [(d)](4) Provided the department shall have given its approval in 37 writing, the social services official may, when in his or her judgment 38 it is advisable and in the public interest, release a part of the prop- 39 erty from the lien of the mortgage to permit, and in consideration of, 40 the sale of such part by the owner and the application of the proceeds 41 to reduce said mortgage or to satisfy and discharge or reduce a prior or 42 superior mortgage. 43 [(e)](5) While real property covered by a deed or mortgage is occu- 44 pied, in whole or in part, by an aged, blind or disabled person who 45 executed such deed or mortgage to the social services official for old 46 age assistance, assistance to the blind or aid to the disabled granted 47 to such person before January first, nineteen hundred seventy-four, the 48 social services official shall not sell the property or assign or 49 enforce the mortgage unless it appears reasonably certain that the sale 50 or other disposition of the property will not materially adversely 51 affect the welfare of such person. After the death of such person no 52 claim for assistance granted him or her shall be enforced against any 53 real property while it is occupied by the surviving spouse. 54 [(f)](6) Except as otherwise provided, upon the death of a person who 55 executed a lien to the social services official in return for old age 56 assistance, assistance to the blind or aid to the disabled granted priorS. 2506--C 122 A. 3006--C 1 to January first, nineteen hundred seventy-four, or before the death of 2 such person if it appears reasonably certain that the sale or other 3 disposition of the property will not materially adversely affect the 4 welfare of such person, the social services official may enforce such 5 lien in the manner provided by article three of the lien law. After the 6 death of such person the lien may not be enforced against real property 7 while it is occupied by the surviving spouse. 8 [7.](e) The sale of any parcel of real property or mortgage on real 9 property by the social services official, under the provisions of this 10 section, shall be made at a public sale, held at least two weeks after 11 notice thereof shall have been published in a newspaper having a general 12 circulation in that section of the county in which the real property is 13 located. Such notice shall specify the time and place of such public 14 sale and shall contain a brief description of the premises to be sold, 15 or upon which the mortgage is a lien, as the case may be. Unless in the 16 judgment of the social services official, it shall be in the public 17 interest to reject all bids, such parcel or mortgage shall be sold to 18 the highest responsible bidder. 19 [8.](f) It is permissible for social services officials to subordinate 20 a mortgage taken on behalf of the social services district pursuant to 21 this section. In the event that a social services official determines to 22 subordinate a mortgage, or lien, he or she shall do so within thirty 23 days of receipt of written notice that the mortgagor is attempting to 24 modify their mortgage that is held by a mortgagee with superior lien 25 rights and subordination of the social services district's mortgage is 26 required by such mortgagee in order for it to approve or complete the 27 modification. 28 § 2. Section 360 of the social services law, as added by chapter 722 29 of the laws of 1951, subdivisions 1 and 3 as amended by section 92 of 30 part B of chapter 436 of the laws of 1997, subdivision 2 as amended by 31 chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter 32 803 of the laws of 1959, is amended to read as follows: 33 § 360. Real property of legally responsible relatives[; deeds and34mortgages may be required]. [1.] The ownership of real property by an 35 applicant or applicants, recipient or recipients who is or are legally 36 responsible relatives of the child or children for whose benefit the 37 application is made or the aid is granted, whether such ownership be 38 individual or joint as tenants in common, tenants by the entirety or 39 joint tenants, shall not preclude the granting of family assistance or 40 the continuance thereof if he or they are without the necessary funds to 41 maintain himself, herself or themselves and such child or children. 42 [The social services official may, however, require, as a condition to43the granting of aid or the continuance thereof, that he or she be given44a deed of or a mortgage on such property in accordance with the45provisions of section one hundred six.462. However, while the property covered by the deed or mortgage is47occupied, in whole or in part, by the responsible relative who gave such48deed or mortgage to the social services official or, by a child for49whose benefit the aid was granted the social services official shall not50sell the property or assign or enforce the mortgage without the written51consent of the department; and, when the property is occupied by such52child, such consent shall not be given unless it appears reasonably53certain that the sale or other disposition of the property will not54materially adversely affect the welfare of such child.553. The net amount recovered by the social services department from56such property, less any expenditures approved by the department for theS. 2506--C 123 A. 3006--C 1burial of the relative or the child who dies while in receipt of aid2under this title, shall be used to repay the social services district,3the state and the federal government their proportionate share of the4cost of family assistance granted. The state and federal share shall be5paid by the social services district to the state and the manner and6amount of such payment shall be determined in accordance with the regu-7lations of the department.84. If any balance remains it shall belong to the estate of the legal-9ly responsible relative or relatives and the public welfare district10shall forthwith credit the same accordingly, and, provided they claim it11within four years thereafter, pay it to the persons entitled thereto.12If not so claimed within four years it shall be deemed abandoned proper-13ty and be paid to the state comptroller pursuant to section thirteen14hundred five of the abandoned property law.155. The proceeds or moneys due the United States shall be paid or16reported in such manner and at such times as the federal security agency17or other authorized federal agency may direct.] 18 § 3. This act shall take effect on the first of April next succeeding 19 the date on which it shall have become a law. 20 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 21 sion, section or part of this act shall be adjudged by any court of 22 competent jurisdiction to be invalid, such judgment shall not affect, 23 impair, or invalidate the remainder thereof, but shall be confined in 24 its operation to the clause, sentence, paragraph, subdivision, section 25 or part thereof directly involved in the controversy in which such judg- 26 ment shall have been rendered. It is hereby declared to be the intent of 27 the legislature that this act would have been enacted even if such 28 invalid provisions had not been included herein. 29 § 3. This act shall take effect immediately provided, however, that 30 the applicable effective date of Parts A through OO of this act shall be 31 as specifically set forth in the last section of such Parts.