Bill Text: NY A03006 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program; relates to the number of charters issued; relates to actual valuation; relates to average daily attendance; relates to supplemental public excess cost aid; relates to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; relates to academic enhancement aid; relates to high tax aid; relates to prospective prekindergarten enrollment reporting; provides for guidance on utilizing building aid to support-district operated universal prekindergarten programs; extends provisions of the statewide universal full-day pre-kindergarten program; increases aid for certain transportation costs; requires zero emission bus progress reporting; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; extends aid for employment preparation education for certain persons age twenty-one and older; relates to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; directs the commissioner of education to appoint a monitor for the Rochester city school district; establishes the powers and duties of such monitor and certain other officers; relates to the apportionment of aid to such school district, in relation to the effectiveness thereof; relates to the support of education, in relation to the effectiveness thereof; directs the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school age programs receiving funding; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; extends the school years to which apportionment for salary expenses apply; provides for an accelerated schedule for certain apportionments payable to Mount Vernon city school district; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; relates to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tuition authorization at the state university of New York and the city university of New York (Part B); removes the maximum award caps for the liberty partnerships program (Part D); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part Q); relates to providing for increases in minimum wage requirements (Part S); expands eligibility for child care assistance; makes related provisions (Part U); extends provisions of law related to restructuring financing for residential school placements (Part V); extends certain provisions of law relating to the juvenile justice services close to home initiative (Part W); eliminates the requirement for combined education and other work/activity assignments; directs approval of certain education and vocational training activities up to two-year post-secondary degree programs; provides for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program; provides for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); provides reimbursement to victims of public assistance fraud to include additional benefits (Part Y); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part Z); requires the state university of New York trustees and the city university of New York trustees to develop long-term plans to address the impact fluctuations in student enrollment have on the academic and financial sustainability of state-operated institutions and community colleges (Part AA); increases the rent subsidy payable to a foster child living independently (Part BB); extends certain provisions relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed (Part CC); establishes a statewide presumptive eligibility standard for child care assistance (Part DD); makes certain part-time students enrolled at a public agricultural and technical college eligible to receive part-time tuition assistance program awards (Part EE); relates to conducting a study of public and private museums in New York state (Part FF); increases fees for assigned counsel; increases the amount in extraordinary circumstances that the court may provide for compensation in excess of three thousand dollars per investigative, expert of other service provider (Part GG); expands eligibility for the empire state child credit (Part HH); expands the scope of scholarships for the state university of New York maritime college (Part II); relates to the appointment of the western regional off-track betting board of directors (Part JJ); provides state matching contributions to the endowments of the four university centers of the state university of New York; provides for the repeal of certain provisions upon expiration thereof (Part KK); authorizes the department of corrections to use body scanners for employees at state correctional facilities, visitors, and incarcerated individuals (Part LL); relates to bus operation-related traffic restrictions and parking infractions; establishes a bus rapid transit demonstration program; extends the effectiveness of certain provisions relating thereto; repeals certain provisions relating thereto (Part MM); directs the Metropolitan Transportation Authority to establish and implement a fare-free bus pilot program within the City of New York to understand certain impacts of fare-free bus routes (Part NN); relates to the utilization of funds in the Capital region off-track betting corporations capital acquisition funds (Part OO); provides for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes (Part PP); advances renewable energy development; establishes the renewable energy access and community help program; provides funding to help prepare workers for employment in the renewable energy field (Part QQ); prohibits fossil-fuel equipment and building systems in certain new construction; provides exceptions for emergency power, manufactured homes and certain commercial buildings; establishes decarbonization action plans for state-owned facilities (Part RR); extends certain provisions relating to the provision of renewable power and energy by the Power Authority of the state of New York (Part SS); creates the New York climate action fund; makes provisions related to climate action fund revenues and accounts; provides wage requirements and a job transition plan for certain climate risk-related and energy transition projects (Part TT); relates to collection of tax revenue on adult-use cannabis products; imposes penalties on retailers and distributors for unauthorized sale of adult-use cannabis products; provides for emergency relief following service of a notice of violation; adds additional regulations to curb illegal cannabis retail establishments; permits removal of commercial tenants for unlicensed cannabis retail sale; authorizes investigators appointed by the cannabis control board to carry, possess, repair, or dispose of a firearm; makes related provisions (Part UU); relates to setting bail (Subpart A); relates to appearances for pretrial proceedings for arrests made without a warrant (Subpart B); requires the chief administrator of the courts to report on certain pretrial commitments to local correctional facilities (Subpart C) (Part VV).
Spectrum: Committee Bill
Status: (Passed) 2023-05-03 - signed chap.56 [A03006 Detail]
Download: New_York-2023-A03006-Amended.html
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2023-2024 state fiscal year; relates to contracts for excellence; relates to maintenance of equity aid; provides a state subsidy for the federal community eligibility provision program; relates to the number of charters issued; relates to actual valuation; relates to average daily attendance; relates to supplemental public excess cost aid; relates to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; relates to academic enhancement aid; relates to high tax aid; relates to prospective prekindergarten enrollment reporting; provides for guidance on utilizing building aid to support-district operated universal prekindergarten programs; extends provisions of the statewide universal full-day pre-kindergarten program; increases aid for certain transportation costs; requires zero emission bus progress reporting; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; extends aid for employment preparation education for certain persons age twenty-one and older; relates to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; directs the commissioner of education to appoint a monitor for the Rochester city school district; establishes the powers and duties of such monitor and certain other officers; relates to the apportionment of aid to such school district, in relation to the effectiveness thereof; relates to the support of education, in relation to the effectiveness thereof; directs the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school age programs receiving funding; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; extends the school years to which apportionment for salary expenses apply; provides for an accelerated schedule for certain apportionments payable to Mount Vernon city school district; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; relates to the financial stability of the Rochester city school district, in relation to the effectiveness thereof; provides for the repeal of certain provisions upon expiration thereof (Part A); relates to tuition authorization at the state university of New York and the city university of New York (Part B); removes the maximum award caps for the liberty partnerships program (Part D); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part Q); relates to providing for increases in minimum wage requirements (Part S); expands eligibility for child care assistance; makes related provisions (Part U); extends provisions of law related to restructuring financing for residential school placements (Part V); extends certain provisions of law relating to the juvenile justice services close to home initiative (Part W); eliminates the requirement for combined education and other work/activity assignments; directs approval of certain education and vocational training activities up to two-year post-secondary degree programs; provides for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program; provides for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); provides reimbursement to victims of public assistance fraud to include additional benefits (Part Y); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part Z); requires the state university of New York trustees and the city university of New York trustees to develop long-term plans to address the impact fluctuations in student enrollment have on the academic and financial sustainability of state-operated institutions and community colleges (Part AA); increases the rent subsidy payable to a foster child living independently (Part BB); extends certain provisions relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed (Part CC); establishes a statewide presumptive eligibility standard for child care assistance (Part DD); makes certain part-time students enrolled at a public agricultural and technical college eligible to receive part-time tuition assistance program awards (Part EE); relates to conducting a study of public and private museums in New York state (Part FF); increases fees for assigned counsel; increases the amount in extraordinary circumstances that the court may provide for compensation in excess of three thousand dollars per investigative, expert of other service provider (Part GG); expands eligibility for the empire state child credit (Part HH); expands the scope of scholarships for the state university of New York maritime college (Part II); relates to the appointment of the western regional off-track betting board of directors (Part JJ); provides state matching contributions to the endowments of the four university centers of the state university of New York; provides for the repeal of certain provisions upon expiration thereof (Part KK); authorizes the department of corrections to use body scanners for employees at state correctional facilities, visitors, and incarcerated individuals (Part LL); relates to bus operation-related traffic restrictions and parking infractions; establishes a bus rapid transit demonstration program; extends the effectiveness of certain provisions relating thereto; repeals certain provisions relating thereto (Part MM); directs the Metropolitan Transportation Authority to establish and implement a fare-free bus pilot program within the City of New York to understand certain impacts of fare-free bus routes (Part NN); relates to the utilization of funds in the Capital region off-track betting corporations capital acquisition funds (Part OO); provides for the administration of certain funds and accounts related to the 2023-2024 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes (Part PP); advances renewable energy development; establishes the renewable energy access and community help program; provides funding to help prepare workers for employment in the renewable energy field (Part QQ); prohibits fossil-fuel equipment and building systems in certain new construction; provides exceptions for emergency power, manufactured homes and certain commercial buildings; establishes decarbonization action plans for state-owned facilities (Part RR); extends certain provisions relating to the provision of renewable power and energy by the Power Authority of the state of New York (Part SS); creates the New York climate action fund; makes provisions related to climate action fund revenues and accounts; provides wage requirements and a job transition plan for certain climate risk-related and energy transition projects (Part TT); relates to collection of tax revenue on adult-use cannabis products; imposes penalties on retailers and distributors for unauthorized sale of adult-use cannabis products; provides for emergency relief following service of a notice of violation; adds additional regulations to curb illegal cannabis retail establishments; permits removal of commercial tenants for unlicensed cannabis retail sale; authorizes investigators appointed by the cannabis control board to carry, possess, repair, or dispose of a firearm; makes related provisions (Part UU); relates to setting bail (Subpart A); relates to appearances for pretrial proceedings for arrests made without a warrant (Subpart B); requires the chief administrator of the courts to report on certain pretrial commitments to local correctional facilities (Subpart C) (Part VV).
Spectrum: Committee Bill
Status: (Passed) 2023-05-03 - signed chap.56 [A03006 Detail]
Download: New_York-2023-A03006-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3006--B IN ASSEMBLY February 1, 2023 ___________ 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 recommit- ted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to actual valuation; to amend the education law, in relation to average daily attendance; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to building aid for metal detec- tors, and safety devices for electrically operated partitions, room dividers and doors; to amend the education law, in relation to the computation of building aid for reconstruction or modernizing of projects for Binghamton City School District; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to the additional apportionment of building aid for certain projects; to amend the education law, in relation to prospective prek- indergarten enrollment reporting; to amend the education law, in relation to transitional guidelines and rules; to amend the education law, in relation to universal prekindergarten expansions; to amend the education law, in relation to extending provisions of the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to certain moneys apportioned; to amend the education law, in relation to allowable transportation expenses for transporta- tion electrification studies; to amend the education law, in relation to transportation of students in Sullivan county; to amend the education law and the public authorities law, in relation to zero emission bus progress reporting; to amend the education law, in relation to building condition surveys; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2023-2024 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend the education law, in relation to aid EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12572-03-3A. 3006--B 2 payable for students over twenty-one years of age who are eligible to attend 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 part C of chapter 56 of the laws of 2020 directing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district, in relation to the effectiveness thereof; part C of chapter 57 of the laws of 2004 relating to the support of education, in relation to the effectiveness thereof; directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving funding; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; to amend chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance defi- cits by the issuance of serial bonds, in relation to extending the school years to which apportionment for salary expenses apply; provid- ing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to amend chapter 498 of the laws of 2011 amending the education law relating to the public library construction grant program, in relation to the effectiveness thereof; to amend chapter 94 of the laws of 2002 relating to the financial stability of the Roches- ter city school district, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part A); intentionally omitted (Part B); intentionally omit- ted (Part C); to amend the education law, in relation to removing the maximum award caps for the liberty partnerships program (Part D); intentionally omitted (Part E); to amend the general municipal law, in relation to enacting the new homes targets act; and providing for the repeal of such provisions upon expiration thereof (Part F); inten- tionally omitted (Part G); to amend the public housing law, in relation to requiring certain housing production information to be reported to the division of housing and community renewal; and provid- ing for the repeal of such provisions upon expiration thereof (Part H); intentionally omitted (Part I); intentionally omitted (Part J); intentionally omitted (Part K); intentionally omitted (Part L); inten- tionally omitted (Part M); intentionally omitted (Part N); inten- tionally omitted (Part O); intentionally omitted (Part P); to utilize reserves in the mortgage insurance fund for various housing purposes (Part Q); intentionally omitted (Part R); intentionally omitted (Part S); intentionally omitted (Part T); to amend the social services law, in relation to eligibility for child care assistance; to amend part Z of chapter 56 of the laws of 2021 amending the social services law relating to making child care more affordable for low-income families, in relation to the effectiveness of such provisions; and to repeal certain provisions of the social services law relating thereto (Part U); intentionally omitted (Part V); to amend subpart A of part G of chapter 57 of the laws of 2012 amending the social services law and the family court act relating to establishing a juvenile justice services close to home initiative, and to amend subpart B of part G of chapter 57 of the laws of 2012 amending the social services law, the family court act and the executive law relating to juvenile delin-A. 3006--B 3 quents, in relation to extending the effectiveness of such provisions (Part W); to amend the social services law, in relation to eliminating the requirement for combined education and other work/activity assign- ments, directing approval of certain education and vocational training activities up to two-year post-secondary degree programs and providing for a disregard of earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program, and further providing for a one-time disregard of earned income following job entry for up to six consecutive months under certain circumstances (Part X); to amend the social services law, in relation to the replacement of stolen public assistance (Part Y); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part Z); to amend the social services law, in relation to increasing from $300 a month to $725 a month the rent subsidy payable to a foster child living independently (Part AA); in relation to requiring the state university of New York trustees and the city university of New York trustees to develop a long-term plan to address the impact fluctuations in student enrollment have on the academic and financial sustainability of state-operated institutions and community colleges (Part BB); to amend the education law, in relation to state appropriations to the state university of New York and the city university of New York (Part CC); to amend the executive law, the real property actions and proceedings law and the real prop- erty law, in relation to establishing the New York state office of civil representation to provide access to legal services in eviction proceedings (Part DD); to amend the public housing law, in relation to establishing the housing access voucher program (Part EE); to amend the private housing finance law, in relation to establishing the foun- dations for futures housing program (Part FF); to amend the education law, in relation to increasing the income eligibility threshold for the tuition assistance program (Part GG); to amend the education law, in relation to eligible recipients of part-time tuition assistance program awards (Part HH); to amend the public housing law and the public authorities law, in relation to establishing the homeownership opportunity connection program (Part II); to amend the education law, in relation to appropriating additional funds to the state university of New York and the city university of New York (Part JJ); and estab- lishing the special joint legislative commission on affordable hous- ing; and providing for the repeal of such provisions upon expiration thereof (Part KK) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state education, labor, housing and family 3 assistance budget for the 2023-2024 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through KK. 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.A. 3006--B 4 1 Section three of this act sets forth the general effective date of this 2 act. 3 PART A 4 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 5 tion law, as amended by chapter 556 of the laws of 2022, is amended to 6 read as follows: 7 e. Notwithstanding paragraphs a and b of this subdivision, a school 8 district that submitted a contract for excellence for the two thousand 9 eight--two thousand nine school year shall submit a contract for excel- 10 lence for the two thousand nine--two thousand ten school year in 11 conformity with the requirements of subparagraph (vi) of paragraph a of 12 subdivision two of this section unless all schools in the district are 13 identified as in good standing and provided further that, a school 14 district that submitted a contract for excellence for the two thousand 15 nine--two thousand ten school year, unless all schools in the district 16 are identified as in good standing, shall submit a contract for excel- 17 lence for the two thousand eleven--two thousand twelve school year which 18 shall, notwithstanding the requirements of subparagraph (vi) of para- 19 graph a of subdivision two of this section, provide for the expenditure 20 of an amount which shall be not less than the product of the amount 21 approved by the commissioner in the contract for excellence for the two 22 thousand nine--two thousand ten school year, multiplied by the 23 district's gap elimination adjustment percentage and provided further 24 that, a school district that submitted a contract for excellence for the 25 two thousand eleven--two thousand twelve school year, unless all schools 26 in the district are identified as in good standing, shall submit a 27 contract for excellence for the two thousand twelve--two thousand thir- 28 teen school year which shall, notwithstanding the requirements of 29 subparagraph (vi) of paragraph a of subdivision two of this section, 30 provide for the expenditure of an amount which shall be not less than 31 the amount approved by the commissioner in the contract for excellence 32 for the two thousand eleven--two thousand twelve school year and 33 provided further that, a school district that submitted a contract for 34 excellence for the two thousand twelve--two thousand thirteen school 35 year, unless all schools in the district are identified as in good 36 standing, shall submit a contract for excellence for the two thousand 37 thirteen--two thousand fourteen school year which shall, notwithstanding 38 the requirements of subparagraph (vi) of paragraph a of subdivision two 39 of this section, provide for the expenditure of an amount which shall be 40 not less than the amount approved by the commissioner in the contract 41 for excellence for the two thousand twelve--two thousand thirteen school 42 year and provided further that, a school district that submitted a 43 contract for excellence for the two thousand thirteen--two thousand 44 fourteen school year, unless all schools in the district are identified 45 as in good standing, shall submit a contract for excellence for the two 46 thousand fourteen--two thousand fifteen school year which shall, 47 notwithstanding the requirements of subparagraph (vi) of paragraph a of 48 subdivision two of this section, provide for the expenditure of an 49 amount which shall be not less than the amount approved by the commis- 50 sioner in the contract for excellence for the two thousand thirteen--two 51 thousand fourteen school year; and provided further that, a school 52 district that submitted a contract for excellence for the two thousand 53 fourteen--two thousand fifteen school year, unless all schools in the 54 district are identified as in good standing, shall submit a contract forA. 3006--B 5 1 excellence for the two thousand fifteen--two thousand sixteen school 2 year which shall, notwithstanding the requirements of subparagraph (vi) 3 of paragraph a of subdivision two of this section, provide for the 4 expenditure of an amount which shall be not less than the amount 5 approved by the commissioner in the contract for excellence for the two 6 thousand fourteen--two thousand fifteen school year; and provided 7 further that a school district that submitted a contract for excellence 8 for the two thousand fifteen--two thousand sixteen school year, unless 9 all schools in the district are identified as in good standing, shall 10 submit a contract for excellence for the two thousand sixteen--two thou- 11 sand seventeen school year which shall, notwithstanding the requirements 12 of subparagraph (vi) of paragraph a of subdivision two of this section, 13 provide for the expenditure of an amount which shall be not less than 14 the amount approved by the commissioner in the contract for excellence 15 for the two thousand fifteen--two thousand sixteen school year; and 16 provided further that, a school district that submitted a contract for 17 excellence for the two thousand sixteen--two thousand seventeen school 18 year, unless all schools in the district are identified as in good 19 standing, shall submit a contract for excellence for the two thousand 20 seventeen--two thousand eighteen school year which shall, notwithstand- 21 ing the requirements of subparagraph (vi) of paragraph a of subdivision 22 two of this section, provide for the expenditure of an amount which 23 shall be not less than the amount approved by the commissioner in the 24 contract for excellence for the two thousand sixteen--two thousand 25 seventeen school year; and provided further that a school district that 26 submitted a contract for excellence for the two thousand seventeen--two 27 thousand eighteen school year, unless all schools in the district are 28 identified as in good standing, shall submit a contract for excellence 29 for the two thousand eighteen--two thousand nineteen school year which 30 shall, notwithstanding the requirements of subparagraph (vi) of para- 31 graph a of subdivision two of this section, provide for the expenditure 32 of an amount which shall be not less than the amount approved by the 33 commissioner in the contract for excellence for the two thousand seven- 34 teen--two thousand eighteen school year; and provided further that, a 35 school district that submitted a contract for excellence for the two 36 thousand eighteen--two thousand nineteen school year, unless all schools 37 in the district are identified as in good standing, shall submit a 38 contract for excellence for the two thousand nineteen--two thousand 39 twenty school year which shall, notwithstanding the requirements of 40 subparagraph (vi) of paragraph a of subdivision two of this section, 41 provide for the expenditure of an amount which shall be not less than 42 the amount approved by the commissioner in the contract for excellence 43 for the two thousand eighteen--two thousand nineteen school year; and 44 provided further that, a school district that submitted a contract for 45 excellence for the two thousand nineteen--two thousand twenty school 46 year, unless all schools in the district are identified as in good 47 standing, shall submit a contract for excellence for the two thousand 48 twenty--two thousand twenty-one school year which shall, notwithstanding 49 the requirements of subparagraph (vi) of paragraph a of subdivision two 50 of this section, provide for the expenditure of an amount which shall be 51 not less than the amount approved by the commissioner in the contract 52 for excellence for the two thousand nineteen--two thousand twenty school 53 year; and provided further that, a school district that submitted a 54 contract for excellence for the two thousand twenty--two thousand twen- 55 ty-one school year, unless all schools in the district are identified as 56 in good standing, shall submit a contract for excellence for the twoA. 3006--B 6 1 thousand twenty-one--two thousand twenty-two school year which shall, 2 notwithstanding the requirements of subparagraph (vi) of paragraph a of 3 subdivision two of this section, provide for the expenditure of an 4 amount which shall be not less than the amount approved by the commis- 5 sioner in the contract for excellence for the two thousand twenty--two 6 thousand twenty-one school year; and provided further that, a school 7 district that submitted a contract for excellence for the two thousand 8 twenty-one--two thousand twenty-two school year, unless all schools in 9 the district are identified as in good standing, shall submit a contract 10 for excellence for the two thousand twenty-two--two thousand twenty- 11 three school year which shall, notwithstanding the requirements of 12 subparagraph (vi) of paragraph a of subdivision two of this section, 13 provide for the expenditure of an amount which shall be not less than 14 the amount approved by the commissioner in the contract for excellence 15 for the two thousand twenty-one--two thousand twenty-two school year; 16 and provided further that, a school district that submitted a contract 17 for excellence for the two thousand twenty-two--two thousand twenty- 18 three school year, unless all schools in the district are identified as 19 in good standing, shall submit a contract for excellence for the two 20 thousand twenty-three--two thousand twenty-four school year which shall, 21 notwithstanding the requirements of subparagraph (vi) of paragraph a of 22 subdivision two of this section, provide for the expenditure of an 23 amount which shall be not less than the amount approved by the commis- 24 sioner in the contract for excellence for the two thousand twenty-two-- 25 two thousand twenty-three school year; provided, however, that, in a 26 city school district in a city having a population of one million or 27 more, notwithstanding the requirements of subparagraph (vi) of paragraph 28 a of subdivision two of this section, the contract for excellence shall 29 provide for the expenditure as set forth in subparagraph (v) of para- 30 graph a of subdivision two of this section. For purposes of this para- 31 graph, the "gap elimination adjustment percentage" shall be calculated 32 as the sum of one minus the quotient of the sum of the school district's 33 net gap elimination adjustment for two thousand ten--two thousand eleven 34 computed pursuant to chapter fifty-three of the laws of two thousand 35 ten, making appropriations for the support of government, plus the 36 school district's gap elimination adjustment for two thousand eleven-- 37 two thousand twelve as computed pursuant to chapter fifty-three of the 38 laws of two thousand eleven, making appropriations for the support of 39 the local assistance budget, including support for general support for 40 public schools, divided by the total aid for adjustment computed pursu- 41 ant to chapter fifty-three of the laws of two thousand eleven, making 42 appropriations for the local assistance budget, including support for 43 general support for public schools. Provided, further, that such amount 44 shall be expended to support and maintain allowable programs and activ- 45 ities approved in the two thousand nine--two thousand ten school year or 46 to support new or expanded allowable programs and activities in the 47 current year. 48 § 2. Subdivision 4 of section 3602 of the education law is amended by 49 adding a new paragraph k to read as follows: 50 k. Foundation aid payable in the two thousand twenty-three--two thou- 51 sand twenty-four school year. Notwithstanding any provision of law to 52 the contrary, foundation aid payable in the two thousand twenty-three-- 53 two thousand twenty-four school year shall be equal to the sum of the 54 total foundation aid base computed pursuant to paragraph j of subdivi- 55 sion one of this section plus the greater of (a) the positive differ- 56 ence, if any, of (i) total foundation aid computed pursuant to paragraphA. 3006--B 7 1 a of this subdivision less (ii) the total foundation aid base computed 2 pursuant to paragraph j of subdivision one of this section, or (b) the 3 product of three hundredths (0.03) multiplied by the total foundation 4 aid base computed pursuant to paragraph j of subdivision one of this 5 section. 6 § 3. Intentionally omitted. 7 § 4. Intentionally omitted. 8 § 5. Paragraph c of subdivision 1 of section 3602 of the education 9 law, as amended by section 11 of part B of chapter 57 of the laws of 10 2007, is amended to read as follows: 11 c. "Actual valuation" shall mean the valuation of taxable real proper- 12 ty in a school district obtained by taking the assessed valuation of 13 taxable real property within such district as it appears upon the 14 assessment roll of the town, city, village, or county in which such 15 property is located, for the calendar year two years prior to the calen- 16 dar year in which the base year commenced, after revision as provided by 17 law, plus any assessed valuation that was exempted from taxation pursu- 18 ant to the class one reassessment exemption authorized by section four 19 hundred eighty-five-u of the real property tax law or the residential 20 revaluation exemption authorized by section four hundred eighty-five-v 21 of such law as added by chapter five hundred sixty of the laws of two 22 thousand twenty-one, and dividing it by the state equalization rate as 23 determined by the [state board of equalization and assessment] commis- 24 sioner of taxation and finance, for the assessment roll of such town, 25 city, village, or county completed during such preceding calendar year. 26 The actual valuation of a central high school district shall be the sum 27 of such valuations of its component districts. Such actual valuation 28 shall include any actual valuation equivalent of payments in lieu of 29 taxes determined pursuant to section four hundred eighty-five of the 30 real property tax law. "Selected actual valuation" shall mean the lesser 31 of actual valuation calculated for aid payable in the current year or 32 the two-year average of the actual valuation calculated for aid payable 33 in the current year and the actual valuation calculated for aid payable 34 in the base year. 35 § 6. Paragraph d of subdivision 1 of section 3602 of the education 36 law, as amended by section 11 of part B of chapter 57 of the laws of 37 2007, is amended to read as follows: 38 d. "Average daily attendance" shall mean the total number of attend- 39 ance days of pupils in a public school of a school district in kinder- 40 garten through grade twelve, or equivalent ungraded programs, plus the 41 total number of instruction days for such pupils receiving homebound 42 instruction including pupils receiving [instruction through a two-way43telephone communication system] remote instruction as defined in the 44 regulations of the commissioner, divided by the number of days the 45 district school was in session as provided in this section. The attend- 46 ance of pupils with disabilities attending under the provisions of para- 47 graph c of subdivision two of section forty-four hundred one of this 48 chapter shall be added to average daily attendance. 49 § 7. Paragraph l of subdivision 1 of section 3602 of the education 50 law, as amended by section 11 of part B of chapter 57 of the laws of 51 2007, is amended to read as follows: 52 l. "Average daily membership" shall mean the possible aggregate 53 attendance of all pupils in attendance in a public school of the school 54 district in kindergarten through grade twelve, or equivalent ungraded 55 programs, including possible aggregate attendance for such pupils 56 receiving homebound instruction, including pupils receiving [instructionA. 3006--B 8 1through a two-way telephone communication system] remote instruction as 2 defined in the regulations of the commissioner, with the possible aggre- 3 gate attendance of such pupils in one-half day kindergartens multiplied 4 by one-half, divided by the number of days the district school was in 5 session as provided in this section. The full time equivalent enrollment 6 of pupils with disabilities attending under the provisions of paragraph 7 c of subdivision two of section forty-four hundred one of this chapter 8 shall be added to average daily membership. Average daily membership 9 shall include the equivalent attendance of the school district, as 10 computed pursuant to paragraph d of this subdivision. In any instance 11 where a pupil is a resident of another state or an Indian pupil is a 12 resident of any portion of a reservation located wholly or partly within 13 the borders of the state pursuant to subdivision four of section forty- 14 one hundred one of this chapter or a pupil is living on federally owned 15 land or property, such pupil's possible aggregate attendance shall be 16 counted as part of the possible aggregate attendance of the school 17 district in which such pupil is enrolled. 18 § 7-a. Paragraph b of subdivision 5 of section 1950 of the education 19 law, as amended by chapter 130 of the laws of 2022, is amended to read 20 as follows: 21 b. The cost of services herein referred to shall be the amount allo- 22 cated to each component school district by the board of cooperative 23 educational services to defray expenses of such board, including 24 approved expenses from the testing of potable water systems of occupied 25 school buildings under the board's jurisdiction as required pursuant to 26 section eleven hundred ten of the public health law, provided that such 27 expenses for testing of potable water systems are not reimbursable from 28 another state or federal source except that that part of the salary paid 29 any teacher, supervisor or other employee of the board of cooperative 30 educational services which is, (i) for the two thousand twenty-two--two 31 thousand twenty-three and prior school years, in excess of thirty thou- 32 sand dollars, (ii) for aid payable in the two thousand twenty-three--two 33 thousand twenty-four school year in excess of forty thousand dollars, 34 (iii) for aid payable in the two thousand twenty-four--two thousand 35 twenty-five school year in excess of fifty thousand dollars, (iv) for 36 aid payable in the two thousand twenty-five--two thousand twenty-six 37 school year and thereafter, in excess of sixty thousand dollars, shall 38 not be such an approved expense, and except also that administrative and 39 clerical expenses shall not exceed ten percent of the total expenses for 40 purposes of this computation. Any gifts, donations or interest earned by 41 the board of cooperative educational services or on behalf of the board 42 of cooperative educational services by the dormitory authority or any 43 other source shall not be deducted in determining the cost of services 44 allocated to each component school district. Any payments made to a 45 component school district by the board of cooperative educational 46 services pursuant to subdivision eleven of section six-p of the general 47 municipal law attributable to an approved cost of service computed 48 pursuant to this subdivision shall be deducted from the cost of services 49 allocated to such component school district. The expense of transporta- 50 tion provided by the board of cooperative educational services pursuant 51 to paragraph q of subdivision four of this section shall be eligible for 52 aid apportioned pursuant to subdivision seven of section thirty-six 53 hundred two of this chapter and no board of cooperative educational 54 services transportation expense shall be an approved cost of services 55 for the computation of aid under this subdivision. Transportation 56 expense pursuant to paragraph q of subdivision four of this sectionA. 3006--B 9 1 shall be included in the computation of the ten percent limitation on 2 administrative and clerical expenses. 3 § 7-b. Paragraph b of subdivision 10 of section 3602 of the education 4 law, as amended by section 16 of part B of chapter 57 of the laws of 5 2007, is amended to read as follows: 6 b. Aid for career education. There shall be apportioned to such city 7 school districts and other school districts which were not components of 8 a board of cooperative educational services in the base year for pupils 9 in grades [ten] nine through twelve in attendance in career education 10 programs as such programs are defined by the commissioner, subject for 11 the purposes of this paragraph to the approval of the director of the 12 budget, an amount for each such pupil to be computed by multiplying the 13 career education aid ratio by three thousand nine hundred dollars. Such 14 aid will be payable for weighted pupils attending career education 15 programs operated by the school district and for weighted pupils for 16 whom such school district contracts with boards of cooperative educa- 17 tional services to attend career education programs operated by a board 18 of cooperative educational services. Weighted pupils for the purposes of 19 this paragraph shall mean the sum of (i) the product of the attendance 20 of students in grade nine multiplied by the special services phase-in 21 factor plus (ii) the attendance of students in grades ten through twelve 22 in career education sequences in trade, industrial, technical, agricul- 23 tural or health programs plus the product of sixteen hundredths multi- 24 plied by the sum of (i) the product of the attendance of students in 25 grade nine multiplied by the special services phase-in factor plus (ii) 26 the attendance of students in grades ten through twelve in career educa- 27 tion sequences in business and marketing as defined by the commissioner 28 in regulations; provided that the special services phase-in factor shall 29 be: (i) for the two thousand twenty-three--two thousand twenty-four 30 school year, thirty-three percent (0.33), (ii) for the two thousand 31 twenty-four--two thousand twenty-five school year, sixty-six percent 32 (0.66), (iii) for the two thousand twenty-five--two thousand twenty-six 33 school year and thereafter, one hundred percent (1.0). The career educa- 34 tion aid ratio shall be computed by subtracting from one the product 35 obtained by multiplying fifty-nine percent by the combined wealth ratio. 36 This aid ratio shall be expressed as a decimal carried to three places 37 without rounding, but not less than thirty-six percent. 38 Any school district that receives aid pursuant to this paragraph shall 39 be required to use such amount to support career education programs in 40 the current year. 41 A board of education which spends less than its local funds as defined 42 by regulations of the commissioner for career education in the base year 43 during the current year shall have its apportionment under this subdivi- 44 sion reduced in an amount equal to such deficiency in the current or a 45 succeeding school year, provided however that the commissioner may waive 46 such reduction upon determination that overall expenditures per pupil in 47 support of career education programs were continued at a level equal to 48 or greater than the level of such overall expenditures per pupil in the 49 preceding school year. 50 § 8. The closing paragraph of subdivision 5-a of section 3602 of the 51 education law, as amended by section 14 of part A of chapter 56 of the 52 laws of 2022, is amended to read as follows: 53 For the two thousand eight--two thousand nine school year, each school 54 district shall be entitled to an apportionment equal to the product of 55 fifteen percent and the additional apportionment computed pursuant to 56 this subdivision for the two thousand seven--two thousand eight schoolA. 3006--B 10 1 year. For the two thousand nine--two thousand ten [through two thousand2twenty-two--two thousand twenty-three] school [years] year and thereaft- 3 er each school district shall be entitled to an apportionment equal to 4 the amount set forth for such school district as "SUPPLEMENTAL PUB 5 EXCESS COST" under the heading "2008-09 BASE YEAR AIDS" in the school 6 aid computer listing produced by the commissioner in support of the 7 budget for the two thousand nine--two thousand ten school year and enti- 8 tled "SA0910". 9 § 9. Paragraph b of subdivision 6-c of section 3602 of the education 10 law, as amended by section 11 of part CCC of chapter 59 of the laws of 11 2018, is amended to read as follows: 12 b. For projects approved by the commissioner authorized to receive 13 additional building aid pursuant to this subdivision for the purchase of 14 stationary metal detectors, security cameras or other security devices 15 approved by the commissioner that increase the safety of students and 16 school personnel, provided that for purposes of this paragraph such 17 other security devices shall be limited to electronic security systems 18 and hardened doors, and provided that for projects approved by the 19 commissioner on or after the first day of July two thousand thirteen 20 [and before the first day of July two thousand twenty-three] such addi- 21 tional aid shall equal the product of (i) the building aid ratio 22 computed for use in the current year pursuant to paragraph c of subdivi- 23 sion six of this section plus ten percentage points, except that in no 24 case shall this amount exceed one hundred percent, and (ii) the actual 25 approved expenditures incurred in the base year pursuant to this subdi- 26 vision, provided that the limitations on cost allowances prescribed by 27 paragraph a of subdivision six of this section shall not apply, and 28 provided further that any projects aided under this paragraph must be 29 included in a district's school safety plan. The commissioner shall 30 annually prescribe a special cost allowance for metal detectors, and 31 security cameras, and the approved expenditures shall not exceed such 32 cost allowance. 33 § 9-a. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 34 of the education law, as added by chapter 617 of the laws of 2021, is 35 renumbered subparagraph 10 and a new subparagraph 11 is added to read as 36 follows: 37 (11) Notwithstanding any other provision of law to the contrary, for 38 the purpose of computation of building aid for construction or recon- 39 struction or modernizing of no more than one project by the Binghamton 40 city school district, multi-year cost allowances for the project shall 41 be established and utilized two times in the first five-year period. 42 Subsequent multi-year cost allowances shall be established no sooner 43 than ten years after establishment of the first maximum cost allowance 44 authorized pursuant to this subparagraph. 45 § 10. Paragraph i of subdivision 12 of section 3602 of the education 46 law, as amended by section 15 of part A of chapter 56 of the laws of 47 2022, is amended to read as follows: 48 i. For the two thousand twenty-one--two thousand twenty-two school 49 year [and] through the two thousand [twenty-two] twenty-three--two thou- 50 sand [twenty-three] twenty-four school year, each school district shall 51 be entitled to an apportionment equal to the amount set forth for such 52 school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 53 ESTIMATED AIDS" in the school aid computer listing produced by the 54 commissioner in support of the budget for the two thousand twenty--two 55 thousand twenty-one school year and entitled "SA202-1", and such appor- 56 tionment shall be deemed to satisfy the state obligation to provide anA. 3006--B 11 1 apportionment pursuant to subdivision eight of section thirty-six 2 hundred forty-one of this article. 3 § 11. The opening paragraph of subdivision 16 of section 3602 of the 4 education law, as amended by section 16 of part A of chapter 56 of the 5 laws of 2022, is amended to read as follows: 6 Each school district shall be eligible to receive a high tax aid 7 apportionment in the two thousand eight--two thousand nine school year, 8 which shall equal the greater of (i) the sum of the tier 1 high tax aid 9 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 10 tax aid apportionment or (ii) the product of the apportionment received 11 by the school district pursuant to this subdivision in the two thousand 12 seven--two thousand eight school year, multiplied by the due-minimum 13 factor, which shall equal, for districts with an alternate pupil wealth 14 ratio computed pursuant to paragraph b of subdivision three of this 15 section that is less than two, seventy percent (0.70), and for all other 16 districts, fifty percent (0.50). Each school district shall be eligible 17 to receive a high tax aid apportionment in the two thousand nine--two 18 thousand ten through two thousand twelve--two thousand thirteen school 19 years in the amount set forth for such school district as "HIGH TAX AID" 20 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 21 listing produced by the commissioner in support of the budget for the 22 two thousand nine--two thousand ten school year and entitled "SA0910". 23 Each school district shall be eligible to receive a high tax aid appor- 24 tionment in the two thousand thirteen--two thousand fourteen through two 25 thousand [twenty-two] twenty-three--two thousand [twenty-three] twenty- 26 four school years equal to the greater of (1) the amount set forth for 27 such school district as "HIGH TAX AID" under the heading "2008-09 BASE 28 YEAR AIDS" in the school aid computer listing produced by the commis- 29 sioner in support of the budget for the two thousand nine--two thousand 30 ten school year and entitled "SA0910" or (2) the amount set forth for 31 such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- 32 MATED AIDS" in the school aid computer listing produced by the commis- 33 sioner in support of the executive budget for the 2013-14 fiscal year 34 and entitled "BT131-4". 35 § 11-a. Subparagraph 1 of paragraph b of subdivision 6-f of section 36 3602 of the education law, as added by section 19 of part H of chapter 37 83 of the laws of 2002, is amended to read as follows: 38 (1) has a total project cost of [one hundred] two hundred fifty thou- 39 sand dollars or less; provided however, that for any district, no more 40 than one project shall be eligible pursuant to this subparagraph for an 41 apportionment within the same school year; and/or 42 § 12. Section 3602-e of the education law is amended by adding a new 43 subdivision 3 to read as follows: 44 3. Beginning in the two thousand twenty-three--two thousand twenty- 45 four school year, all school districts shall annually report to the 46 commissioner: (i) the number of four-year-old prekindergarten students 47 the district intends to serve in full-day and half-day slots in 48 district-operated prekindergarten programs in the current school year; 49 (ii) the number of four-year-old prekindergarten students the district 50 intends to serve in full-day and half-day slots in prekindergarten 51 programs operated by community-based organizations in the current school 52 year; (iii) the number of four-year-old prekindergarten students in the 53 current school year the district is unable to serve due to a lack of 54 capacity; and (iv) any other information available to districts and 55 determined by the commissioner to be necessary to accurately estimate 56 the unmet demand for four-year-old prekindergarten programs within aA. 3006--B 12 1 district. Such report shall be due on or before September first of each 2 year and shall be collected as part of the application submitted pursu- 3 ant to subdivision five of this section. Beginning November first, two 4 thousand twenty-three, the commissioner shall annually submit a report 5 to the governor, the temporary president of the senate, and the speaker 6 of the assembly on the information reported by districts. 7 § 13. Subdivision 20 of section 3602-e of the education law is amended 8 by adding a new paragraph b to read as follows: 9 b. Two thousand twenty-three--two thousand twenty-four school year. 10 (i) The universal prekindergarten expansion for the two thousand twen- 11 ty-three--two thousand twenty-four school year shall be equal to twice 12 the product of (1) expansion slots multiplied by (2) selected aid per 13 prekindergarten pupil calculated pursuant to subparagraph (i) of para- 14 graph b of subdivision ten of this section for the two thousand twenty- 15 three--two thousand twenty-four school year. 16 (ii) For purposes of this paragraph, "expansion slots" shall be slots 17 for new full-day four-year-old prekindergarten pupils for purposes of 18 subparagraph (ii) of paragraph b of subdivision ten of this section. 19 Expansion slots shall be equal to the positive difference, if any, of 20 (1) the product of eight hundred ninety-seven thousandths (0.897) multi- 21 plied by unserved four-year-old prekindergarten pupils as defined in 22 subparagraph (iv) of paragraph b of subdivision ten of this section less 23 (2) the sum of four-year-old students served plus the underserved count. 24 If such expansion slots are greater than or equal to ten but less than 25 twenty, the expansion slots shall be twenty; if such expansion slots are 26 less than ten, the expansion slots shall be zero; and for a city school 27 district in a city having a population of one million or more, the 28 expansion slots shall be zero. 29 (iii) For purposes of this paragraph, "four-year-old students served" 30 shall be equal to the sum of (1) the number of four-year-old students 31 served in full-day and half-day settings in a state funded program which 32 must meet the requirements of this section as reported to the department 33 for the two thousand twenty-one--two thousand twenty-two school year, 34 plus (2) the number of four-year-old students served in full-day 35 settings in a state funded program which must meet the requirements of 36 section thirty-six hundred two-ee of this part and for which grants were 37 awarded prior to the two thousand twenty--two thousand twenty-one school 38 year, plus (3) the number of expansion slots allocated pursuant to para- 39 graph b of subdivision nineteen of this section, plus (4) the number of 40 expansion slots allocated pursuant to paragraph a of this subdivision, 41 plus (5) the maximum number of students that may be served in full-day 42 prekindergarten programs funded by grants which must meet the require- 43 ments of section thirty-six hundred two-ee of this part for grants 44 awarded in the two thousand twenty-one--two thousand twenty-two or two 45 thousand twenty-two--two thousand twenty-three school year. 46 (iv) For purposes of this paragraph, the underserved count shall be 47 equal to the positive difference, if any, of (1) the sum of (a) eligible 48 full-day four-year-old prekindergarten pupils as defined in subparagraph 49 (ii) of paragraph b of subdivision ten of this section for the two thou- 50 sand twenty-one--two thousand twenty-two school year, plus (b) the prod- 51 uct of five-tenths (0.5) and the eligible half-day four-year-old prekin- 52 dergarten pupils as defined in subparagraph (iii) of paragraph b of 53 subdivision ten of this section for the two thousand twenty-one--two 54 thousand twenty-two school year, less (2) the positive difference of (a) 55 the number of four-year-old students served in full-day and half-day 56 settings in a state-funded program which must meet the requirements ofA. 3006--B 13 1 this section as reported to the department for the two thousand twenty- 2 one--two thousand twenty-two school year, with students served in half- 3 day settings multiplied by five-tenths (0.5), less (b) the number of 4 pupils served in a conversion slot pursuant to section thirty-six 5 hundred two-ee of this part in the two thousand twenty-one--two thousand 6 twenty-two school year multiplied by five-tenths (0.5). 7 § 14. Paragraph d of subdivision 12 of section 3602-e of the education 8 law, as amended by section 17-b of part A of chapter 56 of the laws of 9 2022, is amended to read as follows: 10 d. transitional guidelines and rules which allow a program to meet the 11 required staff qualifications and any other requirements set forth 12 pursuant to this section and regulations adopted by the board of regents 13 and the commissioner; provided that such guidelines include an annual 14 process by which a district may apply to the commissioner by [August] 15 September first of the current school year for a waiver that would allow 16 personnel employed by an eligible agency that is collaborating with a 17 school district to provide prekindergarten services and licensed by an 18 agency other than the department, to meet the staff qualifications 19 prescribed by the licensing or registering agency. Provided, further, 20 that the commissioner shall annually submit a report by [September] 21 November first to the chairperson of the assembly ways and means commit- 22 tee, the chairperson of the senate finance committee and the director of 23 the budget which shall include but not be limited to the following: (a) 24 a listing of the school districts receiving a waiver pursuant to this 25 paragraph from the commissioner for the current school year; (b) the 26 number and proportion of students within each district receiving a waiv- 27 er pursuant to this paragraph for the current school year that are 28 receiving instruction from personnel employed by an eligible agency that 29 is collaborating with a school district to provide prekindergarten 30 services and licensed by an agency other than the department; and (c) 31 the number and proportion of total prekindergarten personnel for each 32 school district that are providing instructional services pursuant to 33 this paragraph that are employed by an eligible agency that is collab- 34 orating with a school district to provide prekindergarten services and 35 licensed by an agency other than the department, to meet the staff qual- 36 ifications prescribed by the licensing or registering agency. 37 § 15. Paragraph c of subdivision 8 of section 3602-ee of the education 38 law, as amended by section 17-a of part A of chapter 56 of the laws of 39 2022, is amended to read as follows: 40 (c) for eligible agencies as defined in paragraph b of subdivision one 41 of section thirty-six hundred two-e of this part that are not schools, a 42 bachelor's degree in early childhood education. Provided however, begin- 43 ning with the two thousand twenty-two--two thousand twenty-three school 44 year, a school district may annually apply to the commissioner by 45 [August] September first of the current school year for a waiver that 46 would allow personnel employed by an eligible agency that is collaborat- 47 ing with a school district to provide prekindergarten services and 48 licensed by an agency other than the department, to meet the staff qual- 49 ifications prescribed by the licensing or registering agency. Provided 50 further that the commissioner shall annually submit a report by [Septem-51ber] November first to the chairperson of the assembly ways and means 52 committee, the chairperson of the senate finance committee and the 53 director of the budget which shall include but not be limited to the 54 following: (a) a listing of the school districts receiving a waiver 55 pursuant to this paragraph from the commissioner for the current school 56 year; (b) the number and proportion of students within each districtA. 3006--B 14 1 receiving a waiver pursuant to this paragraph for the current school 2 year that are receiving instruction from personnel employed by an eligi- 3 ble agency that is collaborating with a school district to provide prek- 4 indergarten services and licensed by an agency other than the depart- 5 ment; and (c) the number and proportion of total prekindergarten 6 personnel for each school district that are providing instructional 7 services pursuant to this paragraph that are employed by an eligible 8 agency that is collaborating with a school district to provide prekin- 9 dergarten services and licensed by an agency other than the department, 10 to meet the staff qualifications prescribed by the licensing or regis- 11 tering agency. 12 § 16. Subdivision 16 of section 3602-ee of the education law, as 13 amended by section 17 of part A of chapter 56 of the laws of 2022, is 14 amended to read as follows: 15 16. The authority of the department to administer the universal full- 16 day pre-kindergarten program shall expire June thirtieth, two thousand 17 [twenty-three] twenty-four; provided that the program shall continue and 18 remain in full effect. 19 § 17. Intentionally omitted. 20 § 18. The opening paragraph of section 3609-a of the education law, as 21 amended by section 19 of part A of chapter 56 of the laws of 2022, is 22 amended to read as follows: 23 For aid payable in the two thousand seven--two thousand eight school 24 year through the two thousand [twenty-two] twenty-three--two thousand 25 [twenty-three] twenty-four school year, "moneys apportioned" shall mean 26 the lesser of (i) the sum of one hundred percent of the respective 27 amount set forth for each school district as payable pursuant to this 28 section in the school aid computer listing for the current year produced 29 by the commissioner in support of the budget which includes the appro- 30 priation for the general support for public schools for the prescribed 31 payments and individualized payments due prior to April first for the 32 current year plus the apportionment payable during the current school 33 year pursuant to subdivision six-a and subdivision fifteen of section 34 thirty-six hundred two of this part minus any reductions to current year 35 aids pursuant to subdivision seven of section thirty-six hundred four of 36 this part or any deduction from apportionment payable pursuant to this 37 chapter for collection of a school district basic contribution as 38 defined in subdivision eight of section forty-four hundred one of this 39 chapter, less any grants provided pursuant to subparagraph two-a of 40 paragraph b of subdivision four of section ninety-two-c of the state 41 finance law, less any grants provided pursuant to subdivision five of 42 section ninety-seven-nnnn of the state finance law, less any grants 43 provided pursuant to subdivision twelve of section thirty-six hundred 44 forty-one of this article, or (ii) the apportionment calculated by the 45 commissioner based on data on file at the time the payment is processed; 46 provided however, that for the purposes of any payments made pursuant to 47 this section prior to the first business day of June of the current 48 year, moneys apportioned shall not include any aids payable pursuant to 49 subdivisions six and fourteen, if applicable, of section thirty-six 50 hundred two of this part as current year aid for debt service on bond 51 anticipation notes and/or bonds first issued in the current year or any 52 aids payable for full-day kindergarten for the current year pursuant to 53 subdivision nine of section thirty-six hundred two of this part. The 54 definitions of "base year" and "current year" as set forth in subdivi- 55 sion one of section thirty-six hundred two of this part shall apply to 56 this section. For aid payable in the two thousand [twenty-two] twenty-A. 3006--B 15 1 three--two thousand [twenty-three] twenty-four school year, reference to 2 such "school aid computer listing for the current year" shall mean the 3 printouts entitled ["SA222-3"] "SA232-4". 4 § 18-a. Paragraphs e and f of subdivision 2 of section 3623-a of the 5 education law, paragraph e as amended and paragraph f as added by 6 section 2 of subpart A of part B of chapter 56 of the laws of 2022, are 7 amended and a new paragraph g is added to read as follows: 8 e. Any approved cost of construction, reconstruction, lease or 9 purchase of a transportation storage facility or site in the amount of 10 ten thousand dollars or more shall be aidable in accordance with subdi- 11 vision six of section thirty-six hundred two of this article and shall 12 not be aidable as transportation expense; [and] 13 f. Approved costs relating to the lease, purchase, construction, or 14 installation of zero-emission school bus electric charging or hydrogen 15 fueling stations. For the purposes of this section, a zero-emission 16 school bus electric charging station is a station that delivers elec- 17 tricity from a source outside a zero-emission school bus into one or 18 more zero-emission school buses. An electric school bus charging station 19 may include several charge points simultaneously connecting several 20 zero-emission school buses to the station and any related equipment 21 needed to facilitate charging plug-in zero-emission school buses. Any 22 work related to the construction or installation of zero-emission school 23 bus electric charging or hydrogen fueling stations under this paragraph 24 shall be considered public work and shall be subject to prevailing wage 25 requirements in accordance with section two hundred twenty and two 26 hundred twenty-b of the labor law[.]; and 27 g. Approved costs for transportation electrification studies to comply 28 with section thirty-six hundred thirty-eight of this article. 29 § 18-b. Section 3627 of the education law, as amended by section 7 of 30 part A of chapter 56 of the laws of 2014, subdivision 4 as amended by 31 section 11-b of part A of chapter 56 of the laws of 2022, is amended to 32 read as follows: 33 § 3627. Transportation after 4pm. 1. Transportation after 4pm for a 34 city school district located in a city having a population of one 35 million or more. a. Notwithstanding any other provisions of this 36 [section] subdivision to the contrary, for the two thousand thirteen-- 37 two thousand fourteen and two thousand fourteen--two thousand fifteen 38 school year and thereafter, a city school district located in a city 39 having a population of one million or more providing transportation 40 pursuant to this chapter shall be responsible for: 41 [(a)] (i) providing transportation for those children attending public 42 and nonpublic schools in grades kindergarten through six who remain at 43 the same school for which they are enrolled for regularly scheduled 44 academic classes from half-past nine o'clock in the morning or earlier 45 until four o'clock in the afternoon or later, on weekdays, and reside at 46 least one mile from their school of attendance for grades three through 47 six, and at least one-half mile from their school of attendance for 48 grades kindergarten through two; or 49 [(b)] (ii) reimbursing the cost incurred by licensed transportation 50 carriers pursuant to contracts with such school district for providing 51 transportation for those children attending public and nonpublic schools 52 in grades kindergarten through six who remain at the same school for 53 which they are enrolled for regularly scheduled academic classes from 54 half-past nine o'clock in the morning or earlier until four o'clock in 55 the afternoon or later, on weekdays, and reside at least one mile from 56 their school of attendance for grades three through six, and at leastA. 3006--B 16 1 one-half mile from their school of attendance for grades kindergarten 2 through two. 3 [2.] b. Nothing herein shall prohibit the school district from reim- 4 bursing for costs incurred for contracts between the school district and 5 any entity providing or contracting for such transportation service. 6 [3.] c. A district shall not be deemed to have satisfied its obli- 7 gation under this [section] subdivision by providing public service 8 transportation. 9 [4.] d. Notwithstanding any other provision of law to the contrary, 10 any expenditures for transportation provided pursuant to this [section] 11 subdivision in the two thousand thirteen--two thousand fourteen school 12 year and thereafter and otherwise eligible for transportation aid pursu- 13 ant to subdivision seven of section thirty-six hundred two of this arti- 14 cle shall be considered approved transportation expenses eligible for 15 transportation aid, provided further that for the two thousand thir- 16 teen--two thousand fourteen school year such aid shall be limited to 17 eight million one hundred thousand dollars and for the two thousand 18 fourteen--two thousand fifteen school year such aid shall be limited to 19 the sum of twelve million six hundred thousand dollars plus the base 20 amount and for the two thousand fifteen--two thousand sixteen school 21 year through two thousand eighteen--two thousand nineteen school year 22 such aid shall be limited to the sum of eighteen million eight hundred 23 fifty thousand dollars plus the base amount and for the two thousand 24 nineteen--two thousand twenty school year such aid shall be limited to 25 the sum of nineteen million three hundred fifty thousand dollars plus 26 the base amount and for the two thousand twenty--two thousand twenty-one 27 school year such aid shall be limited to the sum of nineteen million 28 eight hundred fifty thousand dollars plus the base amount and for the 29 two thousand twenty-two--two thousand twenty-three school year [and30thereafter] such aid shall be limited to the sum of twenty-two million 31 three hundred fifty thousand dollars plus the base amount and for the 32 two thousand twenty-three--two thousand twenty-four school year and 33 thereafter such aid shall be limited to the product of the base year aid 34 limit multiplied by the personal income growth index as defined in para- 35 graph bb of subdivision one of section thirty-six hundred two of this 36 article plus the base amount. For purposes of this [subdivision] para- 37 graph, "base amount" means the amount of transportation aid paid to the 38 school district for expenditures incurred in the two thousand twelve-- 39 two thousand thirteen school year for transportation that would have 40 been eligible for aid pursuant to this section had this section been in 41 effect in such school year, except that [subdivision six] paragraph f of 42 this [section] subdivision shall be deemed not to have been in effect. 43 And provided further that the school district shall continue to annually 44 expend for the transportation described in [subdivision one] paragraph a 45 of this [section] subdivision at least the expenditures used for the 46 base amount. 47 [5.] e. Notwithstanding any other provision of this [section] subdivi- 48 sion to the contrary, in no event shall such city school district, in 49 order to comply with the requirements of this [section] subdivision, be 50 required to incur any costs in excess of the amount eligible for trans- 51 portation aid pursuant to [subdivision four] paragraph d of this 52 [section] subdivision. In the event such amount is insufficient, the 53 city school district of New York shall provide transportation services 54 within such amount on an equitable basis, until such apportionment is 55 exhausted.A. 3006--B 17 1 [6.] f. The chancellor of such school district, in consultation with 2 the commissioner, shall prescribe the most cost effective system for 3 implementing the requirements of this [section] subdivision, taking into 4 consideration: [(a)] (1) the costs associated with [paragraphs (a) and5(b)] subparagraphs (i) and (ii) of paragraph a of this subdivision [one6of this section], and [(b)] (2) policies that attempt to maximize 7 student safety for the student to be transported, which for purposes of 8 this section shall include whether the pick up or drop off site of the 9 transportation is: 10 (i) not further than 600 feet from the student's residence; and/or 11 (ii) at the same locations for any family that have children at the 12 same residence who attend two or more different schools. 13 [7. (a)] g. (i) In the event the chancellor has not satisfied a 14 district's obligation under this [section] subdivision, a parent or 15 guardian or any representative authorized by such parent or guardian of 16 a child eligible to receive transportation under this [section] subdivi- 17 sion may request the commissioner to arrange for the provision of the 18 transportation to so satisfy the requirements of this [section] subdivi- 19 sion. 20 [(b)] (ii) If within sixty days of receiving a request from such a 21 parent or guardian or any representative authorized by such parent or 22 guardian, the commissioner determines that the chancellor has not satis- 23 fied a district's obligation under this [section] subdivision, then the 24 commissioner shall immediately direct the chancellor to contract with a 25 licensed transportation carrier to provide the transportation required 26 pursuant to this [section] subdivision. 27 [(c)] (iii) In the event the chancellor is directed by the commission- 28 er to contract with a licensed transportation carrier to provide the 29 transportation required pursuant to this [section] subdivision, the 30 chancellor shall provide the commissioner with a copy of such proposed 31 contract, before it becomes effective, and the commissioner shall have 32 the power to approve, disapprove or require amendments to such contract 33 before it shall become effective. 34 [(d)] (iv) A district, determined by the commissioner to not be in 35 compliance with the requirements of this [section] subdivision, shall be 36 responsible for the cost of any transportation contract awarded by the 37 chancellor. 38 [8.] h. The parent or guardian, or any representative authorized by 39 such parent or guardian, may submit a written request for transportation 40 under this [section] subdivision, in the same manner and upon the same 41 dates as are required for a request for transportation pursuant to 42 subdivision two of section thirty-six hundred thirty-five of this arti- 43 cle. 44 2. Transportation after 4pm for Sullivan county. a. Notwithstanding 45 any other provisions of this article to the contrary, for the two thou- 46 sand twenty-three--two thousand twenty-four school year and thereafter, 47 in the county of Sullivan, a child who resides in an area containing at 48 least fifty children within a five mile radius and who remains at the 49 same school for which they are enrolled for regularly scheduled academic 50 classes from half-past nine o'clock in the morning or earlier until four 51 o'clock in the afternoon or later, on weekdays, shall be provided with 52 transportation pursuant to this subdivision. 53 (i) Such transportation shall be provided to all children attending 54 grades kindergarten through eight who live more than two miles from the 55 school which they legally attend and for all children attending grades 56 nine through twelve who live more than three miles from the school whichA. 3006--B 18 1 they legally attend, and shall be provided for each such pupil up to a 2 distance of fifteen miles, the distances in each case being measured by 3 the nearest available route from home to school. 4 (ii) Such transportation shall be provided by (1) school districts 5 pursuant to section thirty-six hundred thirty-five of this article, (2) 6 licensed transportation carriers pursuant to contracts with such school 7 districts, or (3) licensed transportation carriers pursuant to contracts 8 with another entity, provided further that school districts shall reim- 9 burse such entities at a cost equal to or less than the average cost to 10 transport a public school student in such district. 11 (iii) Nothing herein shall prohibit a school district from reimbursing 12 for costs incurred for contracts between the school district and any 13 entity providing or contracting for such transportation services. 14 (b) The parent or guardian, or any representative authorized by such 15 parent or guardian, may submit a written request for transportation 16 under this subdivision, in the same manner and upon the same dates as 17 are required for a request for transportation pursuant to subdivision 18 two of section thirty-six hundred thirty-five of this article. 19 (c) The board of education shall prescribe the most cost-effective 20 system for implementing the requirements of this subdivision, taking 21 into consideration policies that maximize student safety for the student 22 to be transported. 23 § 19. Section 3638 of the education law is amended by adding a new 24 subdivision 7 to read as follows: 25 7. Beginning in the two thousand twenty-four--two thousand twenty-five 26 school year, every school district shall annually submit to the commis- 27 sioner a progress report on the implementation of zero-emission school 28 buses as required under this section in a format prescribed by the 29 commissioner and approved by the director of the budget. The report 30 shall include, but not be limited to, (i) sufficiency of the school 31 district's electric infrastructure to support anticipated electrical 32 needs, (ii) the availability and installation of charging or fueling 33 stations and other components and capital infrastructure required to 34 support the transition to and full implementation of zero-emission 35 school buses, (iii) whether the workforce development report pursuant to 36 paragraph (c) of subdivision five of this section has been created and 37 implemented, (iv) the number and proportion of zero-emission school 38 buses the school district or any contractor providing transportation 39 services is utilizing in the current school year, and (v) the number and 40 proportion of zero-emission school buses purchased or leased by the 41 school district or any contractor providing transportation services in 42 the current school year and the total anticipated number for the next 43 two years. The progress report shall be due on or before August first of 44 each year. Beginning October first, two thousand twenty-four, the 45 commissioner shall annually submit a report to the governor, the tempo- 46 rary president of the senate and the speaker of the assembly on the 47 progress of implementation of zero-emission school buses as reported by 48 the school districts. 49 § 19-a. Subdivision 23 of section 1854 of the public authorities law, 50 as added by section 1 of subpart B of part B of chapter 56 of the laws 51 of 2022, is amended to read as follows: 52 23. No later than December thirty-first, two thousand [twenty-six] 53 twenty-four, and annually thereafter, the authority shall issue a report 54 on the availability of zero-emission school buses and charging or fuel- 55 ing infrastructure that meet the criteria established in subdivision two 56 of section thirty-six hundred thirty-eight of the education law. TheA. 3006--B 19 1 authority shall provide technical assistance to school districts, upon 2 request, in pursuing state and federal grants and other funding opportu- 3 nities to support the purchase and contracting requirements set forth in 4 subdivision two of section thirty-six hundred thirty-eight of the educa- 5 tion law. 6 § 19-b. Subparagraph 1-a of paragraph c of subdivision 4 of section 7 3641 of the education law, as added by section 52-b of part YYY of chap- 8 ter 59 of the laws of 2019, is amended to read as follows: 9 (1-a) Commencing no sooner than the first day in January, two thousand 10 [twenty] twenty-four, the commissioner shall require all school 11 districts, state-operated schools subject to the provisions of article 12 eighty-seven or eighty-eight of this chapter, and state-owned schools 13 subject to the provisions of article eighty-three of this chapter to 14 conduct building condition surveys every five years in accordance with 15 regulations of the commissioner. Such regulations shall prescribe the 16 date or dates by which such surveys must be completed and submitted to 17 the department and shall provide for staggered implementation so that 18 such surveys are distributed as evenly as possible throughout the five- 19 year period based on the number of public school buildings, provided 20 that such implementation schedule shall ensure that no region of the 21 state is overrepresented in a given scheduled year and shall to the 22 extent practicable prioritize assigning to the first two years of such 23 schedule those school districts with the greatest proportions of build- 24 ings which previously received relatively low overall condition ratings. 25 § 20. Subdivision b of section 2 of chapter 756 of the laws of 1992, 26 relating to funding a program for work force education conducted by the 27 consortium for worker education in New York city, as amended by section 28 20 of part A of chapter 56 of the laws of 2022, is amended to read as 29 follows: 30 b. Reimbursement for programs approved in accordance with subdivision 31 a of this section for the reimbursement for the 2018--2019 school year 32 shall not exceed 59.4 percent of the lesser of such approvable costs per 33 contact hour or fourteen dollars and ninety-five cents per contact hour, 34 reimbursement for the 2019--2020 school year shall not exceed 57.7 35 percent of the lesser of such approvable costs per contact hour or 36 fifteen dollars sixty cents per contact hour, reimbursement for the 37 2020--2021 school year shall not exceed 56.9 percent of the lesser of 38 such approvable costs per contact hour or sixteen dollars and twenty- 39 five cents per contact hour, reimbursement for the 2021--2022 school 40 year shall not exceed 56.0 percent of the lesser of such approvable 41 costs per contact hour or sixteen dollars and forty cents per contact 42 hour, [and] reimbursement for the 2022--2023 school year shall not 43 exceed 55.7 percent of the lesser of such approvable costs per contact 44 hour or sixteen dollars and sixty cents per contact hour, and reimburse- 45 ment for the 2023--2024 school year shall not exceed 54.7 percent of the 46 lesser of such approvable costs per contact hour or seventeen dollars 47 and seventy cents per contact hour, and where a contact hour represents 48 sixty minutes of instruction services provided to an eligible adult. 49 Notwithstanding any other provision of law to the contrary, for the 50 2018--2019 school year such contact hours shall not exceed one million 51 four hundred sixty-three thousand nine hundred sixty-three (1,463,963); 52 for the 2019--2020 school year such contact hours shall not exceed one 53 million four hundred forty-four thousand four hundred forty-four 54 (1,444,444); for the 2020--2021 school year such contact hours shall not 55 exceed one million four hundred six thousand nine hundred twenty-six 56 (1,406,926); for the 2021--2022 school year such contact hours shall notA. 3006--B 20 1 exceed one million four hundred sixteen thousand one hundred twenty-two 2 (1,416,122); [and] for the 2022--2023 school year such contact hours 3 shall not exceed one million four hundred six thousand nine hundred 4 twenty-six (1,406,926); and for the 2023--2024 school year such contact 5 hours shall not exceed one million three hundred forty-two thousand nine 6 hundred seventy-five (1,342,975). Notwithstanding any other provision of 7 law to the contrary, the apportionment calculated for the city school 8 district of the city of New York pursuant to subdivision 11 of section 9 3602 of the education law shall be computed as if such contact hours 10 provided by the consortium for worker education, not to exceed the 11 contact hours set forth herein, were eligible for aid in accordance with 12 the provisions of such subdivision 11 of section 3602 of the education 13 law. 14 § 21. Section 4 of chapter 756 of the laws of 1992, relating to fund- 15 ing a program for work force education conducted by the consortium for 16 worker education in New York city, is amended by adding a new subdivi- 17 sion bb to read as follows: 18 bb. The provisions of this subdivision shall not apply after the 19 completion of payments for the 2023--24 school year. Notwithstanding any 20 inconsistent provisions of law, the commissioner of education shall 21 withhold a portion of employment preparation education aid due to the 22 city school district of the city of New York to support a portion of the 23 costs of the work force education program. Such moneys shall be credited 24 to the elementary and secondary education fund-local assistance account 25 and shall not exceed thirteen million dollars ($13,000,000). 26 § 22. Section 6 of chapter 756 of the laws of 1992, relating to fund- 27 ing a program for work force education conducted by the consortium for 28 worker education in New York city, as amended by section 22 of part A of 29 chapter 56 of the laws of 2022, is amended to read as follows: 30 § 6. This act shall take effect July 1, 1992, and shall be deemed 31 repealed [on] June 30, [2023] 2024. 32 § 22-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- 33 tion law, as amended by section 22-a of part A of chapter 56 of the laws 34 of 2022, is amended to read as follows: 35 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 36 sion, for aid payable in the school years two thousand--two thousand one 37 through two thousand nine--two thousand ten, and two thousand eleven-- 38 two thousand twelve [through two thousand twenty-two--two thousand twen-39ty-three] and thereafter, the commissioner may set aside an amount not 40 to exceed two million five hundred thousand dollars from the funds 41 appropriated for purposes of this subdivision for the purpose of serving 42 persons twenty-one years of age or older who have not been enrolled in 43 any school for the preceding school year, including persons who have 44 received a high school diploma or high school equivalency diploma but 45 fail to demonstrate basic educational competencies as defined in regu- 46 lation by the commissioner, when measured by accepted standardized 47 tests, and who shall be eligible to attend employment preparation educa- 48 tion programs operated pursuant to this subdivision. 49 § 23. Intentionally omitted. 50 § 24. Section 12 of chapter 147 of the laws of 2001 amending the 51 education law relating to conditional appointment of school district, 52 charter school or BOCES employees, as amended by section 24 of part A of 53 chapter 56 of the laws of 2022, is amended to read as follows: 54 § 12. This act shall take effect on the same date as chapter 180 of 55 the laws of 2000 takes effect[, and shall expire July 1, 2023 when upon56such date the provisions of this act shall be deemed repealed].A. 3006--B 21 1 § 25. Section 12 of part C of chapter 56 of the laws of 2020 direct- 2 ing the commissioner of education to appoint a monitor for the 3 Rochester city school district, establishing the powers and duties 4 of such monitor and certain other officers and relating to the appor- 5 tionment of aid to such school district, is amended to read as 6 follows: 7 § 12. This act shall take effect immediately, provided, however, that 8 sections two, three, four, five, six, seven, eight, nine and ten of this 9 act shall expire and be deemed repealed June 30, [2023] 2025; and 10 provided further, however that sections one and eleven of this act shall 11 expire and be deemed repealed June 30, 2049. 12 § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws 13 of 2004 relating to the support of education, as amended by section 37 14 of part A of chapter 56 of the laws of 2020, is amended to read as 15 follows: 16 11. section seventy-one of this act shall expire and be deemed 17 repealed June 30, [2023] 2028; 18 § 27. 1. The state education department shall conduct a comprehensive 19 study of alternative tuition rate-setting methodologies for approved 20 providers operating school-age programs receiving funding under article 21 81 and article 89 of the education law and providers operating approved 22 preschool special education programs under section 4410 of the education 23 law. The state education department shall ensure that such study consid- 24 er stakeholder feedback and include, but not be limited to, a compar- 25 ative analysis of rate-setting methodologies utilized by other agencies 26 of the state of New York, including the rate-setting methodology 27 utilized by the office of children and family services for private resi- 28 dential school programs; options and recommendations for an alternative 29 rate-setting methodology or methodologies; cost estimates for such 30 alternative methodologies; an analysis of current provider tuition rates 31 compared to tuition rates that would be established under such alterna- 32 tive methodologies; and the review and consideration of standardized 33 parameters and criteria, including, but not limited to, defined program 34 and staffing models, regional costs, and minimum required enrollment 35 levels as a percentage of program operating capacities. 36 2. At a minimum, any recommended alternative rate-setting methodology 37 or methodologies proposed for such preschool and school-age providers 38 shall strive to: (a) ensure the fiscal stability of such programs for 39 the provision of a free, appropriate public education in accordance with 40 applicable program standards pursuant to federal and state law and regu- 41 lation; (b) substantially restrict or eliminate tuition rate appeals; 42 (c) include a schedule to phase in new tuition rates in accordance with 43 the recommended methodology or methodologies; (d) ensure tuition rates 44 for all programs can be calculated no later than the beginning of each 45 school year; and (e) provide predictability in annual funding levels for 46 such programs. 47 3. The state education department shall present the findings of such 48 study and recommendations and analysis to the governor, the division of 49 the budget, the temporary president of the senate, the speaker of the 50 assembly, the chairperson of the senate finance committee, and the 51 chairperson of the assembly ways and means committee no later than July 52 1, 2025. Adoption of any alternative rate-setting methodologies shall be 53 subject to the approval of the director of the division of the budget. 54 § 28. Intentionally omitted. 55 § 29. Special apportionment for salary expenses. 1. Notwithstanding 56 any other provision of law, upon application to the commissioner ofA. 3006--B 22 1 education, not sooner than the first day of the second full business 2 week of June 2024 and not later than the last day of the third full 3 business week of June 2024, a school district eligible for an apportion- 4 ment pursuant to section 3602 of the education law shall be eligible to 5 receive an apportionment pursuant to this section, for the school year 6 ending June 30, 2024, for salary expenses incurred between April 1 and 7 June 30, 2023 and such apportionment shall not exceed the sum of (a) the 8 deficit reduction assessment of 1990--1991 as determined by the commis- 9 sioner of education, pursuant to paragraph f of subdivision 1 of section 10 3602 of the education law, as in effect through June 30, 1993, plus (b) 11 186 percent of such amount for a city school district in a city with a 12 population in excess of 1,000,000 inhabitants, plus (c) 209 percent of 13 such amount for a city school district in a city with a population of 14 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 15 ing to the latest federal census, plus (d) the net gap elimination 16 adjustment for 2010--2011, as determined by the commissioner of educa- 17 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- 18 nation adjustment for 2011-- 2012 as determined by the commissioner of 19 education pursuant to subdivision 17 of section 3602 of the education 20 law, and provided further that such apportionment shall not exceed such 21 salary expenses. Such application shall be made by a school district, 22 after the board of education or trustees have adopted a resolution to do 23 so and in the case of a city school district in a city with a population 24 in excess of 125,000 inhabitants, with the approval of the mayor of such 25 city. 26 2. The claim for an apportionment to be paid to a school district 27 pursuant to subdivision 1 of this section shall be submitted to the 28 commissioner of education on a form prescribed for such purpose, and 29 shall be payable upon determination by such commissioner that the form 30 has been submitted as prescribed. Such approved amounts shall be payable 31 on the same day in September of the school year following the year in 32 which application was made as funds provided pursuant to subparagraph 4 33 of paragraph b of subdivision 4 of section 92-c of the state finance 34 law, on the audit and warrant of the state comptroller on vouchers 35 certified or approved by the commissioner of education in the manner 36 prescribed by law from moneys in the state lottery fund and from the 37 general fund to the extent that the amount paid to a school district 38 pursuant to this section exceeds the amount, if any, due such school 39 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 40 section 3609-a of the education law in the school year following the 41 year in which application was made. 42 3. Notwithstanding the provisions of section 3609-a of the education 43 law, an amount equal to the amount paid to a school district pursuant to 44 subdivisions 1 and 2 of this section shall first be deducted from the 45 following payments due the school district during the school year 46 following the year in which application was made pursuant to subpara- 47 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 48 3609-a of the education law in the following order: the lottery appor- 49 tionment payable pursuant to subparagraph 2 of such paragraph followed 50 by the fixed fall payments payable pursuant to subparagraph 4 of such 51 paragraph and then followed by the district's payments to the teachers' 52 retirement system pursuant to subparagraph 1 of such paragraph, and any 53 remainder to be deducted from the individualized payments due the 54 district pursuant to paragraph b of such subdivision shall be deducted 55 on a chronological basis starting with the earliest payment due the 56 district.A. 3006--B 23 1 § 30. Special apportionment for public pension accruals. 1. Notwith- 2 standing any other provision of law, upon application to the commission- 3 er of education, not later than June 30, 2024, a school district eligi- 4 ble for an apportionment pursuant to section 3602 of the education law 5 shall be eligible to receive an apportionment pursuant to this section, 6 for the school year ending June 30, 2024 and such apportionment shall 7 not exceed the additional accruals required to be made by school 8 districts in the 2004--2005 and 2005--2006 school years associated with 9 changes for such public pension liabilities. The amount of such addi- 10 tional accrual shall be certified to the commissioner of education by 11 the president of the board of education or the trustees or, in the case 12 of a city school district in a city with a population in excess of 13 125,000 inhabitants, the mayor of such city. Such application shall be 14 made by a school district, after the board of education or trustees have 15 adopted a resolution to do so and in the case of a city school district 16 in a city with a population in excess of 125,000 inhabitants, with the 17 approval of the mayor of such city. 18 2. The claim for an apportionment to be paid to a school district 19 pursuant to subdivision 1 of this section shall be submitted to the 20 commissioner of education on a form prescribed for such purpose, and 21 shall be payable upon determination by such commissioner that the form 22 has been submitted as prescribed. Such approved amounts shall be payable 23 on the same day in September of the school year following the year in 24 which application was made as funds provided pursuant to subparagraph 4 25 of paragraph b of subdivision 4 of section 92-c of the state finance 26 law, on the audit and warrant of the state comptroller on vouchers 27 certified or approved by the commissioner of education in the manner 28 prescribed by law from moneys in the state lottery fund and from the 29 general fund to the extent that the amount paid to a school district 30 pursuant to this section exceeds the amount, if any, due such school 31 district pursuant to subparagraph 2 of paragraph a of subdivision 1 of 32 section 3609-a of the education law in the school year following the 33 year in which application was made. 34 3. Notwithstanding the provisions of section 3609-a of the education 35 law, an amount equal to the amount paid to a school district pursuant to 36 subdivisions 1 and 2 of this section shall first be deducted from the 37 following payments due the school district during the school year 38 following the year in which application was made pursuant to subpara- 39 graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section 40 3609-a of the education law in the following order: the lottery appor- 41 tionment payable pursuant to subparagraph 2 of such paragraph followed 42 by the fixed fall payments payable pursuant to subparagraph 4 of such 43 paragraph and then followed by the district's payments to the teachers' 44 retirement system pursuant to subparagraph 1 of such paragraph, and any 45 remainder to be deducted from the individualized payments due the 46 district pursuant to paragraph b of such subdivision shall be deducted 47 on a chronological basis starting with the earliest payment due the 48 district. 49 § 30-a. Subdivision a of section 5 of chapter 121 of the laws of 1996, 50 relating to authorizing the Roosevelt union free school district to 51 finance deficits by the issuance of serial bonds, as amended by section 52 30-a of part A of chapter 56 of the laws of 2022, is amended to read as 53 follows: 54 a. Notwithstanding any other provisions of law, upon application to 55 the commissioner of education submitted not sooner than April first and 56 not later than June thirtieth of the applicable school year, the Roose-A. 3006--B 24 1 velt union free school district shall be eligible to receive an appor- 2 tionment pursuant to this chapter for salary expenses, including related 3 benefits, incurred between April first and June thirtieth of such school 4 year. Such apportionment shall not exceed: for the 1996-97 school year 5 [through the 2022-23 school year] and thereafter, four million dollars 6 ($4,000,000)[; for the 2023-24 school year, three million dollars7($3,000,000); for the 2024-25 school year, two million dollars8($2,000,000); for the 2025-26 school year, one million dollars9($1,000,000); and for the 2026-27 school year, zero dollars]. Such 10 annual application shall be made after the board of education has 11 adopted a resolution to do so with the approval of the commissioner of 12 education. 13 § 31. The amounts specified in this section shall be a set-aside from 14 the state funds which each such district is receiving from the total 15 foundation aid: 16 1. for the development, maintenance or expansion of magnet schools or 17 magnet school programs for the 2023--2024 school year. For the city 18 school district of the city of New York there shall be a set-aside of 19 foundation aid equal to forty-eight million one hundred seventy-five 20 thousand dollars ($48,175,000) including five hundred thousand dollars 21 ($500,000) for the Andrew Jackson High School; for the Buffalo city 22 school district, twenty-one million twenty-five thousand dollars 23 ($21,025,000); for the Rochester city school district, fifteen million 24 dollars ($15,000,000); for the Syracuse city school district, thirteen 25 million dollars ($13,000,000); for the Yonkers city school district, 26 forty-nine million five hundred thousand dollars ($49,500,000); for the 27 Newburgh city school district, four million six hundred forty-five thou- 28 sand dollars ($4,645,000); for the Poughkeepsie city school district, 29 two million four hundred seventy-five thousand dollars ($2,475,000); for 30 the Mount Vernon city school district, two million dollars ($2,000,000); 31 for the New Rochelle city school district, one million four hundred ten 32 thousand dollars ($1,410,000); for the Schenectady city school district, 33 one million eight hundred thousand dollars ($1,800,000); for the Port 34 Chester city school district, one million one hundred fifty thousand 35 dollars ($1,150,000); for the White Plains city school district, nine 36 hundred thousand dollars ($900,000); for the Niagara Falls city school 37 district, six hundred thousand dollars ($600,000); for the Albany city 38 school district, three million five hundred fifty thousand dollars 39 ($3,550,000); for the Utica city school district, two million dollars 40 ($2,000,000); for the Beacon city school district, five hundred sixty- 41 six thousand dollars ($566,000); for the Middletown city school 42 district, four hundred thousand dollars ($400,000); for the Freeport 43 union free school district, four hundred thousand dollars ($400,000); 44 for the Greenburgh central school district, three hundred thousand 45 dollars ($300,000); for the Amsterdam city school district, eight 46 hundred thousand dollars ($800,000); for the Peekskill city school 47 district, two hundred thousand dollars ($200,000); and for the Hudson 48 city school district, four hundred thousand dollars ($400,000). 49 2. Notwithstanding any inconsistent provision of law to the contrary, 50 a school district setting aside such foundation aid pursuant to this 51 section may use such set-aside funds for: (a) any instructional or 52 instructional support costs associated with the operation of a magnet 53 school; or (b) any instructional or instructional support costs associ- 54 ated with implementation of an alternative approach to promote diversity 55 and/or enhancement of the instructional program and raising of standardsA. 3006--B 25 1 in elementary and secondary schools of school districts having substan- 2 tial concentrations of minority students. 3 3. The commissioner of education shall not be authorized to withhold 4 foundation aid from a school district that used such funds in accordance 5 with this subdivision, notwithstanding any inconsistency with a request 6 for proposals issued by such commissioner for the purpose of attendance 7 improvement and dropout prevention for the 2023--2024 school year, and 8 for any city school district in a city having a population of more than 9 one million, the set-aside for attendance improvement and dropout 10 prevention shall equal the amount set aside in the base year. For the 11 2023--2024 school year, it is further provided that any city school 12 district in a city having a population of more than one million shall 13 allocate at least one-third of any increase from base year levels in 14 funds set aside pursuant to the requirements of this section to communi- 15 ty-based organizations. Any increase required pursuant to this section 16 to community-based organizations must be in addition to allocations 17 provided to community-based organizations in the base year. 18 4. For the purpose of teacher support for the 2023--2024 school year: 19 for the city school district of the city of New York, sixty-two million 20 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 21 school district, one million seven hundred forty-one thousand dollars 22 ($1,741,000); for the Rochester city school district, one million seven- 23 ty-six thousand dollars ($1,076,000); for the Yonkers city school 24 district, one million one hundred forty-seven thousand dollars 25 ($1,147,000); and for the Syracuse city school district, eight hundred 26 nine thousand dollars ($809,000). All funds made available to a school 27 district pursuant to this section shall be distributed among teachers 28 including prekindergarten teachers and teachers of adult vocational and 29 academic subjects in accordance with this section and shall be in addi- 30 tion to salaries heretofore or hereafter negotiated or made available; 31 provided, however, that all funds distributed pursuant to this section 32 for the current year shall be deemed to incorporate all funds distrib- 33 uted pursuant to former subdivision 27 of section 3602 of the education 34 law for prior years. In school districts where the teachers are repres- 35 ented by certified or recognized employee organizations, all salary 36 increases funded pursuant to this section shall be determined by sepa- 37 rate collective negotiations conducted pursuant to the provisions and 38 procedures of article 14 of the civil service law, notwithstanding the 39 existence of a negotiated agreement between a school district and a 40 certified or recognized employee organization. 41 § 32. Support of public libraries. The moneys appropriated for the 42 support of public libraries by a chapter of the laws of 2023 enacting 43 the aid to localities budget shall be apportioned for the 2023-2024 44 state fiscal year in accordance with the provisions of sections 271, 45 272, 273, 282, 284, and 285 of the education law as amended by the 46 provisions of such chapter and the provisions of this section, provided 47 that library construction aid pursuant to section 273-a of the education 48 law shall not be payable from the appropriations for the support of 49 public libraries and provided further that no library, library system or 50 program, as defined by the commissioner of education, shall receive less 51 total system or program aid than it received for the year 2001-2002 52 except as a result of a reduction adjustment necessary to conform to the 53 appropriations for support of public libraries. 54 Notwithstanding any other provision of law to the contrary the moneys 55 appropriated for the support of public libraries for the year 2023-2024 56 by a chapter of the laws of 2023 enacting the aid to localities budgetA. 3006--B 26 1 shall fulfill the state's obligation to provide such aid and, pursuant 2 to a plan developed by the commissioner of education and approved by the 3 director of the budget, the aid payable to libraries and library systems 4 pursuant to such appropriations shall be reduced proportionately to 5 ensure that the total amount of aid payable does not exceed the total 6 appropriations for such purpose. 7 § 32-a. Section 2 of chapter 498 of the laws of 2011 amending the 8 education law relating to the public library construction grant program, 9 as amended by chapter 192 of the laws of 2019, is amended to read as 10 follows: 11 § 2. This act shall take effect on the first of April next succeeding 12 the date on which it shall have become a law and shall expire and be 13 deemed repealed March 31, [2023] 2026. 14 § 33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the 15 laws of 2002 relating to the financial stability of the Rochester city 16 school district, is amended to read as follows: 17 (2) Notwithstanding any other provisions of law, for aid payable in 18 the 2002-03 through [2022-23] 2027-28 school years, an amount equal to 19 twenty million dollars ($20,000,000) of general support for public 20 schools otherwise due and payable to the Rochester city school district 21 on or before September first of the applicable school year shall be for 22 an entitlement period ending the immediately preceding June thirtieth. 23 § 34. 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 § 35. This act shall take effect immediately, and shall be deemed to 35 have been in full force and effect on and after April 1, 2023, provided, 36 however, that: 37 1. Sections one, two, five, seven-b, eight, nine, ten, eleven, 38 eleven-a, fourteen, fifteen, sixteen, eighteen, eighteen-a, eighteen-b, 39 twenty-two, twenty-two-a, thirty-a, thirty-one, and thirty-three of this 40 act shall take effect July 1, 2023; 41 2. Intentionally omitted; 42 3. Section nineteen of this act shall expire and be deemed repealed 43 June 30, 2036; 44 4. The amendments to chapter 756 of the laws of 1992 relating to fund- 45 ing a program for work force education conducted by a consortium for 46 worker education in New York city made by sections twenty and twenty-one 47 of this act shall not affect the repeal of such chapter and shall be 48 deemed repealed therewith; 49 5. Section twelve of this act shall expire and be deemed repealed June 50 30, 2026; and 51 6. Section seven-a of this act shall apply to the calculation of BOCES 52 aid and aid for career education payable in the 2023-2024 school year 53 and thereafter. 54 PART BA. 3006--B 27 1 Intentionally Omitted 2 PART C 3 Intentionally Omitted 4 PART D 5 Section 1. Paragraphs b and c of subdivision 4 of section 612 of the 6 education law, as added by chapter 425 of the laws of 1988, are amended 7 to read as follows: 8 [b. A grant to a recipient of an award under this section shall not9exceed the amount of three hundred thousand dollars for any grant year,10provided that a recipient may receive a grant in excess of such amount11at the rate of twelve hundred fifty dollars for each student, in excess12of two hundred forty students, who is provided compensatory and support13services by the recipient during such grant year.14c.] b. The grant recipients shall provide students at public and 15 nonpublic schools the opportunity to receive compensatory and support 16 services in an equitable manner consistent with the number and need of 17 the children in such schools. 18 § 2. This act shall take effect immediately. 19 PART E 20 Intentionally Omitted 21 PART F 22 Section 1. Short title. This article shall be known and cited as the 23 "new homes targets act". 24 § 2. Article 20 of the general municipal law, as renumbered by chapter 25 84 of the laws of 1981, is renumbered article 21, sections 1000 and 1001 26 are renumbered sections 1020 and 1021 and a new article 20 is added to 27 read as follows: 28 ARTICLE 20 29 NEW HOMES TARGETS 30 Section 1001. Definitions. 31 1002. Applicability. 32 1003. Development of housing action plan. 33 1004. Housing growth targets. 34 1005. Payments to municipalities. 35 1006. Housing target and payments to municipalities with a popu- 36 lation of one million or more. 37 § 1001. Definitions. The following definitions apply for the purposes 38 of this article: 39 1. "Accessory dwelling unit" shall mean an attached or a detached 40 residential dwelling unit that provides housing for one or more persons 41 which is located on a lot with a proposed or existing primary residen- 42 tial dwelling unit and shall include permanent provisions for living, 43 sleeping, eating, cooking, and sanitation on the same lot as the primary 44 single-family or multi-family dwelling, provided however that in theA. 3006--B 28 1 case of a multi-family dwelling an accessory dwelling unit shall be a 2 detached residential dwelling unit. 3 2. "Affordable housing" shall mean any income restricted housing, 4 whether intended for rental or homeownership, that is subject to a regu- 5 latory agreement with a local, state or federal governmental entity. 6 3. "Division" shall mean the division of housing and community 7 renewal. 8 4. "Metropolitan transportation commuter district" shall refer to the 9 counties of Westchester, Orange, Putnam, Dutchess, Rockland, Nassau, and 10 Suffolk. 11 5. "Municipality" shall mean any city, other than a city with a popu- 12 lation of one million or more, town, or village. 13 6. "Previously undisturbed land" shall mean a parcel or lot of land 14 that is not occupied or formerly occupied by a building or otherwise 15 improved or utilized that is not located in a 100-year floodplain or was 16 being used for commercial agricultural purposes as of the effective date 17 of this article. 18 7. "Residential dwelling unit" shall mean any building or structure or 19 portion thereof which is legally occupied in whole or in part as the 20 home, residence or sleeping place of one or more human beings, however 21 the term does not include any class B multiple dwellings as defined in 22 section four of the multiple dwelling law or housing that is intended to 23 be used on a seasonal basis. 24 8. "Supportive housing" shall mean residential dwelling units with 25 supportive services for tenants. 26 9. "Transit-oriented development zone" shall refer to any land located 27 within a one-half mile radius of any publicly accessible areas of a 28 qualifying transit station. 29 10. "Permitting period" shall mean a term of three calendar years 30 beginning on January first, two thousand twenty-four, and ending Decem- 31 ber thirty-first, two thousand twenty-six. 32 11. "Qualifying transit station" shall mean any rail station, includ- 33 ing subway stations, within the state of New York that is not operated 34 on an exclusively seasonal basis and that is owned, operated or other- 35 wise served by metro-north railroad, the Long Island Rail Road, the port 36 authority of New York and New Jersey, the New Jersey transit 37 corporation, the New York city transit authority, or the metropolitan 38 transportation authority. 39 § 1002. Applicability. Unless specifically provided otherwise in this 40 article, this article shall apply to all municipalities as defined in 41 section one thousand one of this article. 42 § 1003. Development of housing action plan. 1. A municipality may 43 prepare or cause to be prepared a housing action plan that shall detail 44 how the municipality intends to meet or exceed the applicable growth 45 target described in section one thousand four of this article. Such 46 housing action plan shall at a minimum: 47 a. describe what steps will be taken to facilitate the development of 48 new residential dwelling units, with a focus on siting such units in 49 areas where transportation, water, and sewage infrastructure are avail- 50 able or practical; 51 b. specify how the municipality intends to increase the number of 52 affordable housing units in its jurisdiction; 53 c. identify existing barriers to the development of affordable housing 54 and what actions the municipality will take to overcome them;A. 3006--B 29 1 d. specify, if applicable, what additional resources or assistance 2 would be necessary to overcome existing barriers to the development of 3 affordable housing in the municipality; and 4 e. describe any innovative approaches the municipality has taken in 5 the past to facilitate the development of affordable housing, for inclu- 6 sion in a best practices document that the division will prepare and 7 make available to municipalities. 8 2. No later than April first, two thousand twenty-four, all munici- 9 palities seeking to receive a payment pursuant to section one thousand 10 five of this article shall submit a housing action plan to the division, 11 in a manner to be directed by the division. Upon receipt of such plan by 12 the division, a municipality shall be subject to the housing production 13 reporting provisions of section twenty-a of the public housing law. 14 § 1004. Housing growth targets. 1. Growth targets. a. A municipality 15 located outside of the metropolitan transportation commuter district and 16 having submitted a housing action plan to the division pursuant to 17 section one thousand three of this article shall during the permitting 18 period permit the construction of new eligible residential dwelling 19 units in an amount equal to one percent of the amount of residential 20 housing units existing in the municipality as reported in the most 21 recently published United States decennial census. 22 b. A municipality located inside of the metropolitan transportation 23 commuter district and having submitted a housing action plan to the 24 division pursuant to section one thousand three of this article shall 25 during the permitting period permit the construction of new eligible 26 residential dwelling units in an amount equal to three percent of the 27 amount of residential housing units existing in the municipality as 28 reported in the most recently published United States decennial census. 29 2. Completion report. Upon achievement of its growth target but no 30 later than April first, two thousand twenty-seven, a municipality shall 31 submit a completion report to the division, in the manner and format to 32 be directed by the division. Such report shall at a minimum include: 33 a. the total number of permits for new residential dwelling units 34 issued during the permitting period; 35 b. the number of new residential dwelling units permitted during the 36 permitting periods that have received a certificate of occupancy as of 37 the date of the report; 38 c. the number of residential dwelling units permitted during the 39 permitting period that: 40 (i) are "affordable housing" units that meet the income restrictions 41 specified in subdivision three of this section; 42 (ii) are supportive housing units; 43 (iii) became suitable for occupancy and that previously had been 44 deemed abandoned pursuant to article nineteen-A of the real property 45 actions and proceedings law; and 46 d. the number of new residential dwelling units during the permitting 47 period that have been: 48 (i) permitted in a transit-oriented development zone; 49 (ii) permitted as the result of a zoning change enacted after January 50 first, two thousand twenty-four, to facilitate accessory dwelling unit 51 siting, to allow for ministerial lot splits, or to allow for residential 52 housing formerly zoned as commercial. The municipality shall include a 53 copy of any such local law or resolution that authorized the creation of 54 such residential dwelling units as well as a map of its jurisdiction 55 indicating the relevant zoning changes with the submission of its 56 completion report.A. 3006--B 30 1 3. Review of completion report. a. Upon receipt of a completion report 2 described in subdivision two of this section, the division shall review 3 such report to determine whether the municipality has permitted a suffi- 4 cient number of new residential dwelling units to satisfy the applicable 5 growth target. In making such determination the division shall calculate 6 the number of eligible residential dwelling units using the following 7 formula: 8 (i) a permitted new residential dwelling unit shall be counted as one 9 eligible residential dwelling unit, 10 (ii) a permitted new affordable housing residential dwelling unit 11 restricted to households at or below eighty percent of area median 12 income shall be counted as two eligible residential dwelling units, 13 (iii) a permitted new affordable housing residential dwelling unit 14 restricted to households at or below fifty percent of area median income 15 shall be counted as three eligible residential dwelling units, 16 (iv) a permitted new supportive housing unit shall be counted as two 17 eligible residential dwelling units, 18 (v) every permitted residential dwelling unit that became suitable for 19 occupancy and that previously had been deemed abandoned pursuant to 20 article nineteen-A of the real property actions and proceedings law 21 shall be counted as one and one-half eligible residential dwelling 22 units. 23 b. For the purposes of this subdivision, a residential dwelling unit 24 or a project containing multiple residential dwelling units shall be 25 considered to be permitted if it, has received all necessary local 26 authorizations required to create a new residential dwelling unit or 27 units or make a previously abandoned residential dwelling unit or units 28 suitable for occupancy. 29 c. A permitted residential dwelling unit shall not be counted as an 30 eligible residential dwelling unit if it is permitted on previously 31 undisturbed land. 32 d. In making the determination as to whether a municipality has satis- 33 fied its growth target, the division shall also count each eligible 34 residential dwelling unit as having an additional residential dwelling 35 unit if any of the following conditions apply: 36 (i) it is permitted in a transit-oriented development zone; 37 (ii) it is an accessory dwelling unit permitted pursuant to a local 38 law or resolution adopted on or after January first, two thousand twen- 39 ty-four, providing for the creation of residential dwelling units; 40 (iii) it is permitted on a lot that was ministerially approved to be 41 split by the municipality pursuant to a local law or resolution adopted 42 on or after January first, two thousand twenty-four, providing for 43 ministerial approval of lot splits; or 44 (iv) it is located on a lot previously zoned only for commercial use 45 and permitted as of right pursuant to a local law or resolution adopted 46 on or after January first, two thousand twenty-four. 47 § 1005. Payments to municipalities. 1. Upon receipt of a munici- 48 pality's housing action plan submitted pursuant to section one thousand 49 three of this article, the division shall authorize an initial payment 50 to such municipality according to the following schedule: 51 a. Cities with populations: 52 (i) under ten thousand shall be entitled to receive six hundred thou- 53 sand dollars; 54 (ii) between ten thousand and thirty-five thousand shall be entitled 55 to receive one million two hundred thousand dollars;A. 3006--B 31 1 (iii) between thirty-five thousand and ninety-five thousand shall be 2 entitled to receive three million seven hundred fifty thousand dollars; 3 and 4 (iv) over ninety-five thousand shall be entitled to receive seven 5 million five hundred thousand dollars. 6 b. Towns with populations: 7 (i) under ten thousand shall be entitled to receive fifteen thousand 8 dollars; 9 (ii) between ten thousand and thirty-five thousand shall be entitled 10 to receive forty-five thousand dollars; 11 (iii) between thirty-five thousand and ninety-five thousand shall be 12 entitled to receive ninety thousand dollars; and 13 (iv) over ninety-five thousand shall be entitled to receive two 14 hundred twenty-five thousand dollars. 15 c. Villages with populations: 16 (i) under ten thousand shall be entitled to receive fifteen thousand 17 dollars; 18 (ii) between ten thousand and thirty-five thousand shall be entitled 19 to receive forty-five thousand dollars; and 20 (iii) over thirty-five thousand shall be entitled to receive ninety 21 thousand dollars; 22 2. If the division shall determine that a municipality has met its 23 applicable growth target after reviewing the completion report submitted 24 pursuant to section one thousand four of this article, but less than 25 twenty percent of the number of eligible residential dwelling units are 26 affordable housing units that meet the income restrictions specified in 27 subdivision three of section one thousand four of this article, the 28 division shall authorize a secondary payment to such municipality 29 according to the following schedule, provided however that no munici- 30 pality shall be entitled to receive a secondary payment pursuant to this 31 subdivision, unless and until every permitted residential dwelling unit 32 reported by such municipality has been issued a certificate of occupan- 33 cy: 34 a. Cities with populations: 35 (i) under ten thousand shall be entitled to receive eight hundred 36 thousand dollars; 37 (ii) between ten thousand and thirty-five thousand shall be entitled 38 to receive one million six hundred thousand dollars; 39 (iii) between thirty-five thousand and ninety-five thousand shall be 40 entitled to receive five million dollars; and 41 (iv) over ninety-five thousand shall be entitled to receive ten 42 million dollars. 43 b. Towns with populations: 44 (i) under ten thousand shall be entitled to receive twenty thousand 45 dollars; 46 (ii) between ten thousand and thirty-five thousand shall be entitled 47 to receive sixty thousand dollars; 48 (iii) between thirty-five thousand and ninety-five thousand shall be 49 entitled to receive one hundred twenty thousand dollars; and 50 (iv) over ninety-five thousand shall be entitled to receive three 51 hundred thousand dollars. 52 c. Villages with populations: 53 (i) under ten thousand shall be entitled to receive twenty thousand 54 dollars; 55 (ii) between ten thousand and thirty-five thousand shall be entitled 56 to receive sixty thousand dollars; andA. 3006--B 32 1 (iii) over thirty-five thousand shall be entitled to receive one 2 hundred twenty thousand dollars. 3 3. If the division shall determine that a municipality has met its 4 applicable growth target after reviewing the completion report submitted 5 pursuant to section one thousand four of this article, and at least 6 twenty percent of the number of eligible residential dwelling units are 7 affordable housing units that meet the income restrictions specified in 8 subdivision three of section one thousand four of this article, the 9 division shall authorize a secondary payment to such municipality 10 according to the following schedule, provided however that no munici- 11 pality shall be entitled to receive a secondary payment pursuant to this 12 subdivision, unless and until every permitted residential dwelling unit 13 reported by such municipality has been issued a certificate of occupan- 14 cy: 15 a. Cities with populations: 16 (i) under ten thousand shall be entitled to receive one million four 17 hundred thousand dollars; 18 (ii) between ten thousand and thirty-five thousand shall be entitled 19 to receive two million eight hundred thousand dollars; 20 (iii) between thirty-five thousand and ninety-five thousand shall be 21 entitled to receive eight million seven hundred fifty thousand dollars; 22 and 23 (iv) over ninety-five thousand shall be entitled to receive seventeen 24 million five hundred thousand dollars. 25 b. Towns with populations: 26 (i) under ten thousand would receive thirty-five thousand dollars; 27 (ii) between ten thousand and thirty-five thousand shall be entitled 28 to receive one hundred five thousand dollars; 29 (iii) between thirty-five thousand and ninety-five thousand shall be 30 entitled to receive two hundred ten thousand dollars; and 31 (iv) over ninety-five thousand shall be entitled to receive five 32 hundred twenty-five thousand dollars. 33 c. Villages with populations: 34 (i) under ten thousand shall be entitled to receive thirty-five thou- 35 sand dollars; 36 (ii) between ten thousand and thirty-five thousand shall be entitled 37 to receive one hundred five thousand dollars; and 38 (iii) over thirty-five thousand shall be entitled to receive two 39 hundred ten thousand dollars. 40 4. a. Notwithstanding any law to the contrary, any payment provided to 41 a municipality pursuant to this section, which is then paid in whole or 42 in part to a contractor, subcontractor, developer, or owner for the 43 construction of new eligible residential dwelling units pursuant to the 44 provisions of this article, shall be deemed "public funds" pursuant to 45 subdivision two of section two hundred twenty-four-a of the labor law. 46 Provided, further, that any such project that meets the definition of a 47 "covered project" pursuant to subdivisions one and four of section two 48 hundred twenty-four-a of the labor law shall comply with all require- 49 ments of such law. 50 b. Any contractor, subcontractor, developer, or owner receiving such 51 public funds shall report all relevant project information to the fiscal 52 officer, including construction project cost, total value of public 53 funds, total residential dwelling units, and total residential dwelling 54 units that will be subject to a regulatory agreement as referenced in 55 subparagraph (i) of paragraph c of subdivision four of section two 56 hundred twenty-four-a of the labor law. For the purposes of this para-A. 3006--B 33 1 graph, "fiscal officer" shall have the same meaning as subdivision seven 2 of section two hundred twenty-four-a of the labor law. 3 c. Final approval for such project shall not be provided by the muni- 4 cipality until a determination has been made as to whether such project 5 is subject to section two hundred twenty-four-a of the labor law. 6 5. If after a reviewing a completion report submitted pursuant to 7 section one thousand four of this article, the division shall determine 8 that a municipality has met its applicable growth target but has not 9 issued a sufficient number of certificates of occupancy corresponding to 10 the number of residential dwelling units permitted within the permitting 11 period, such municipality shall be entitled to a twenty-four month grace 12 period in which to issue certificates of occupancy to those residential 13 dwelling units. Such grace period shall be effective from January first, 14 two thousand twenty-seven and end on January first, two thousand twen- 15 ty-nine. After issuing the requisite number of certificates of occupan- 16 cy, but no later than February first, two thousand twenty-nine, a muni- 17 cipality described in this subdivision may submit an addendum to its 18 completion report indicating the number of certificates of occupancy 19 issued by such municipality during the grace period. If after reviewing 20 such addendum the division determines that the municipality has issued 21 certificates of occupancy that sufficiently correspond to the number of 22 permitted residential dwelling units in the municipality, the division 23 shall authorize such municipality to receive a secondary payment accord- 24 ing to the applicable schedule provided in subdivision two or three of 25 this section. 26 6. If the division shall determine that a municipality has failed to 27 achieve its growth target or failed to issue a sufficient number of 28 certificates of occupancy during a grace period, such municipality shall 29 forfeit from its next state aid payment pursuant to section fifty-four 30 of the state finance law, an amount equal to the amount of the initial 31 payment received pursuant to subdivision one of this section minus an 32 amount proportional to the amount of eligible residential dwelling units 33 credited toward the satisfaction of its growth target or the amount of 34 certificates of occupancy credited toward its entitlement to receive a 35 payment pursuant to subdivision two or three of this section. 36 § 1006. Housing target and payments to municipalities with a popu- 37 lation of one million or more. 1. Definition. For purposes of this 38 section, the term "municipality" shall mean a city with a population of 39 one million or more. 40 2. Housing action plan. A municipality seeking to receive a payment 41 described in this section shall submit a housing action plan pursuant to 42 section one thousand three of this article. 43 3. Growth target. A municipality that has submitted a housing action 44 plan pursuant to section one thousand three of this article shall, 45 during the permitting period, permit the construction of new eligible 46 dwelling units in an amount equal to three percent of the amount of 47 residential housing units existing in the municipality as reported in 48 the most recently published United States decennial census. 49 4. Completion report. Upon achievement of its growth target, but not 50 later than April first, two thousand twenty-seven, a municipality shall 51 submit a completion report to the division that conforms with the 52 requirements of subdivision two of section one thousand four of this 53 article. 54 5. Review of completion report. a. Upon receipt of a completion report 55 submitted pursuant to subdivision four of this section, the division 56 shall review such report to determine whether the municipality hasA. 3006--B 34 1 permitted a sufficient number of new residential dwelling units to 2 satisfy the applicable growth target. In making such determination the 3 division shall calculate the number of eligible residential dwelling 4 units using the following formula: 5 (i) a permitted new residential dwelling unit shall be counted as one 6 eligible residential dwelling unit; 7 (ii) a permitted new affordable housing residential dwelling unit 8 restricted to households at or below eighty percent of area median 9 income shall be counted as two eligible residential dwelling units; 10 (iii) a permitted new affordable housing residential dwelling unit 11 restricted to households at or below fifty percent of area median income 12 shall be counted as three eligible residential dwelling units; 13 (iv) a permitted new supportive housing unit shall be counted as two 14 eligible residential dwelling units; and 15 (v) every permitted residential dwelling unit that became suitable for 16 occupancy and that previously had been deemed abandoned pursuant to 17 article nineteen-A of the real property actions and proceedings law 18 shall be counted as one and one-half eligible residential dwelling 19 units. 20 b. For the purposes of this subdivision, a residential dwelling unit 21 or a project containing multiple residential dwelling units shall be 22 considered to be permitted if it has received all necessary local 23 authorizations required to create a new residential dwelling unit or 24 units or make a previously abandoned residential dwelling unit or units 25 suitable for occupancy. 26 c. A permitted residential dwelling unit shall not be counted as an 27 eligible residential dwelling unit if it is permitted on previously 28 undisturbed land. 29 d. In making the determination as to whether a municipality has satis- 30 fied its growth target, the division shall also count each eligible 31 residential dwelling unit as having an additional residential dwelling 32 unit if it is permitted in a transit-oriented development zone. 33 6. Payments to a municipality. a. Upon receipt of a municipality's 34 housing action plan submitted pursuant to subdivision two of this 35 section, the division shall authorize an initial payment to such munici- 36 pality in an amount equal to thirty-seven million five hundred thousand 37 dollars. 38 b. If the division shall determine that a municipality has met its 39 growth target after reviewing the completion report submitted pursuant 40 to subdivision four of this section, but less than twenty percent of the 41 number of eligible residential dwelling units are affordable housing 42 residential dwelling units that meet the income restrictions specified 43 in subdivision five of this section, the division shall authorize a 44 secondary payment to such municipality in an amount equal to fifty 45 million dollars, provided however that no municipality shall be entitled 46 to receive a secondary payment pursuant to this paragraph, unless and 47 until every permitted residential dwelling unit reported by such munici- 48 pality has been issued a certificate of occupancy. 49 c. If the division shall determine that a municipality has met its 50 growth target after reviewing the completion report submitted pursuant 51 to subdivision four of this section, and at least twenty percent of the 52 number of eligible residential dwelling units are affordable housing 53 residential dwelling units that meet the income restrictions specified 54 in subdivision five of this section, the division shall authorize a 55 secondary payment to such municipality in an amount equal to eighty- 56 seven million five hundred thousand dollars, provided however that noA. 3006--B 35 1 municipality shall be entitled to receive a secondary payment pursuant 2 to this paragraph, unless and until every permitted residential dwell- 3 ing unit reported by such municipality has been issued a certificate of 4 occupancy. 5 d. (i) Notwithstanding any law to the contrary, any payment provided 6 to a municipality pursuant to this section, which is then paid in whole 7 or in part to a contractor, subcontractor, developer, or owner for the 8 construction of new eligible residential dwelling units pursuant to the 9 provisions of this section, shall be deemed "public funds" pursuant to 10 subdivision two of section two hundred twenty-four-a of the labor law. 11 Provided, further, that any such project that meets the definition of a 12 "covered project" pursuant to subdivisions one and four of section two 13 hundred twenty-four-a of the labor law shall comply with all require- 14 ments of such law. 15 (ii) Any contractor, subcontractor, developer, or owner receiving such 16 public funds shall report all relevant project information to the fiscal 17 officer, including construction project cost, total value of public 18 funds, total residential dwelling units, and total residential dwelling 19 units that will be subject to a regulatory agreement as referenced in 20 subparagraph (i) of paragraph c of subdivision four of section two 21 hundred twenty-four-a of the labor law. For the purposes of this para- 22 graph, "fiscal officer" shall have the same meaning as subdivision seven 23 of section two hundred twenty-four-a of the labor law. 24 (iii) Final approval for such project shall not be provided by the 25 municipality until a determination has been made as to whether such 26 project is subject to section two hundred twenty-four-a of the labor 27 law. 28 e. If after a reviewing a completion report submitted pursuant to 29 subdivision four of this section, the division shall determine that a 30 municipality has met its applicable growth target but has not issued a 31 sufficient number of certificates of occupancy corresponding to the 32 number of residential dwelling units permitted within the permitting 33 period, such municipality shall be entitled to a twenty-four month grace 34 period in which to issue certificates of occupancy to those residential 35 dwelling units. Such grace period shall be effective from January first, 36 two thousand twenty-seven and end on January first, two thousand twen- 37 ty-nine. After issuing the requisite number of certificates of occupan- 38 cy, but no later than February first, two thousand twenty-nine, a muni- 39 cipality described in this paragraph may submit an addendum to its 40 completion report indicating the number of certificates of occupancy 41 issued by such municipality during the grace period. If after reviewing 42 such addendum the division determines that the municipality has issued 43 certificates of occupancy that sufficiently correspond to the number of 44 permitted residential dwelling units in the municipality, the division 45 shall authorize such municipality to receive a secondary payment equal 46 to the applicable amount provided in paragraph b or c of this subdivi- 47 sion. 48 f. If the division shall determine that a municipality has failed to 49 achieve its growth target or failed to issue a sufficient number of 50 certificates of occupancy during a grace period, such municipality shall 51 forfeit in state aid an amount equal to the amount of the initial 52 payment received pursuant to paragraph one of this subdivision minus an 53 amount proportional to the amount of eligible residential dwelling units 54 credited toward the satisfaction of its growth target or the amount of 55 certificates of occupancy credited toward its entitlement to receive a 56 payment pursuant to paragraphs b and c of this subdivision.A. 3006--B 36 1 § 3. This act shall take effect on the first of January next succeed- 2 ing the date on which it shall have become a law and shall expire March 3 31, 2029 when upon such date the provisions of this act shall be deemed 4 repealed. Effective immediately, the addition, amendment and/or repeal 5 of any rule or regulation necessary for the implementation of this act 6 on its effective date are authorized to be made and completed on or 7 before such effective date. 8 PART G 9 Intentionally Omitted 10 PART H 11 Section 1. The public housing law is amended by adding a new section 12 20-a to read as follows: 13 § 20-a. Housing production reporting. 1. For the purposes of this 14 section, the following terms shall have the following meanings: 15 (a) "Municipality" means any city, town, or village. 16 (b) "Residential dwelling unit" shall have the same meaning as such 17 term is defined in section one thousand one of the general municipal 18 law. 19 2. Each municipality that has elected to submit a housing action plan 20 pursuant to article twenty of the general municipal law shall also 21 submit to the division of housing and community renewal annually, in the 22 manner and format to be directed by the division of housing and communi- 23 ty renewal, a report containing the following information regarding 24 residential dwelling units within the boundaries of such municipality: 25 (a) the number of permits issued in the twelve months preceding the 26 date of the report for the construction of new residential dwelling 27 units or projects involving conversion, alteration, or consolidation to 28 create new residential dwelling units; 29 (b) the address of each such residential dwelling unit or project 30 comprising multiple residential dwelling units, if practical; 31 (c) the block and/or lot number of such residential dwelling unit or 32 project comprising multiple residential dwelling units; 33 (d) the building types of such residential dwelling units or project 34 comprising multiple residential dwelling units; 35 (e) the dates of approval, permitting, and completions of such resi- 36 dential dwelling units or project comprising multiple residential dwell- 37 ing units; 38 (f) the number of certificates of occupancy for new residential dwell- 39 ing units or projects comprising multiple residential dwelling units 40 issued in the twelve months preceding the date of the report; 41 (g) any associated governmental subsidies or program funds being allo- 42 cated to such residential dwelling units such municipality is aware of; 43 (h) any outstanding requests for permits to build residential dwelling 44 units received by the municipality, and the status of such requests as 45 of the date of the report; and 46 (i) the total number of residential dwelling units within the juris- 47 diction of the municipality as of the date of the report. 48 3. The commissioner shall make the information submitted pursuant to 49 subdivision two of this section publicly available on the division of 50 housing and community renewal's website, and update such information at 51 least annually.A. 3006--B 37 1 § 2. This act shall take effect on the first of January next succeed- 2 ing the date upon which it shall have become a law and shall expire 3 March 31, 2029 when upon such date the provisions of this act shall be 4 deemed repealed. Effective immediately, the addition, amendment and/or 5 repeal of any rule or regulation necessary for the implementation of 6 this act on its effective date are authorized to be made and completed 7 on or before such effective date. 8 PART I 9 Intentionally Omitted 10 PART J 11 Intentionally Omitted 12 PART K 13 Intentionally Omitted 14 PART L 15 Intentionally Omitted 16 PART M 17 Intentionally Omitted 18 PART N 19 Intentionally Omitted 20 PART O 21 Intentionally Omitted 22 PART P 23 Intentionally Omitted 24 PART Q 25 Section 1. Notwithstanding any other provision of law, the housing 26 trust fund corporation may provide, for purposes of the neighborhood 27 preservation program, a sum not to exceed $16,330,000 for the fiscal 28 year ending March 31, 2024. Within this total amount, $250,000 shall be 29 used for the purpose of entering into a contract with the neighborhood 30 preservation coalition to provide technical assistance and services toA. 3006--B 38 1 companies funded pursuant to article 16 of the private housing finance 2 law. Notwithstanding any other provision of law, and subject to the 3 approval of the New York state director of the budget, the board of 4 directors of the state of New York mortgage agency shall authorize the 5 transfer to the housing trust fund corporation, for the purposes of 6 reimbursing any costs associated with neighborhood preservation program 7 contracts authorized by this section, a total sum not to exceed 8 $16,330,000, such transfer to be made from (i) the special account of 9 the mortgage insurance fund created pursuant to section 2429-b of the 10 public authorities law, in an amount not to exceed the actual excess 11 balance in the special account of the mortgage insurance fund, as deter- 12 mined and certified by the state of New York mortgage agency for the 13 fiscal year 2022-2023 in accordance with section 2429-b of the public 14 authorities law, if any, and/or (ii) provided that the reserves in the 15 project pool insurance account of the mortgage insurance fund created 16 pursuant to section 2429-b of the public authorities law are sufficient 17 to attain and maintain the credit rating (as determined by the state of 18 New York mortgage agency) required to accomplish the purposes of such 19 account, the project pool insurance account of the mortgage insurance 20 fund, such transfer to be made as soon as practicable but no later than 21 June 30, 2023. 22 § 2. Notwithstanding any other provision of law, the housing trust 23 fund corporation may provide, for purposes of the rural preservation 24 program, a sum not to exceed $7,610,000 for the fiscal year ending March 25 31, 2024. Within this total amount, $250,000 shall be used for the 26 purpose of entering into a contract with the rural housing coalition to 27 provide technical assistance and services to companies funded pursuant 28 to article 17 of the private housing finance law. Notwithstanding any 29 other provision of law, and subject to the approval of the New York 30 state director of the budget, the board of directors of the state of New 31 York mortgage agency shall authorize the transfer to the housing trust 32 fund corporation, for the purposes of reimbursing any costs associated 33 with rural preservation program contracts authorized by this section, a 34 total sum not to exceed $7,610,000, such transfer to be made from (i) 35 the special account of the mortgage insurance fund created pursuant to 36 section 2429-b of the public authorities law, in an amount not to exceed 37 the actual excess balance in the special account of the mortgage insur- 38 ance fund, as determined and certified by the state of New York mortgage 39 agency for the fiscal year 2022-2023 in accordance with section 2429-b 40 of the public authorities law, if any, and/or (ii) provided that the 41 reserves in the project pool insurance account of the mortgage insurance 42 fund created pursuant to section 2429-b of the public authorities law 43 are sufficient to attain and maintain the credit rating (as determined 44 by the state of New York mortgage agency) required to accomplish the 45 purposes of such account, the project pool insurance account of the 46 mortgage insurance fund, such transfer to be made as soon as practicable 47 but no later than June 30, 2023. 48 § 3. Notwithstanding any other provision of law, the housing trust 49 fund corporation may provide, for purposes of the rural rental assist- 50 ance program pursuant to article 17-A of the private housing finance 51 law, a sum not to exceed $21,710,000 for the fiscal year ending March 52 31, 2024. Notwithstanding any other provision of law, and subject to 53 the approval of the New York state director of the budget, the board of 54 directors of the state of New York mortgage agency shall authorize the 55 transfer to the housing trust fund corporation, for the purposes of 56 reimbursing any costs associated with rural rental assistance programA. 3006--B 39 1 contracts authorized by this section, a total sum not to exceed 2 $21,710,000, such transfer to be made from (i) the special account of 3 the mortgage insurance fund created pursuant to section 2429-b of the 4 public authorities law, in an amount not to exceed the actual excess 5 balance in the special account of the mortgage insurance fund, as deter- 6 mined and certified by the state of New York mortgage agency for the 7 fiscal year 2022-2023 in accordance with section 2429-b of the public 8 authorities law, if any, and/or (ii) provided that the reserves in the 9 project pool insurance account of the mortgage insurance fund created 10 pursuant to section 2429-b of the public authorities law are sufficient 11 to attain and maintain the credit rating, as determined by the state of 12 New York mortgage agency, required to accomplish the purposes of such 13 account, the project pool insurance account of the mortgage insurance 14 fund, such transfer shall be made as soon as practicable but no later 15 than June 30, 2023. 16 § 4. Notwithstanding any other provision of law, the homeless housing 17 and assistance corporation may provide, for purposes of the New York 18 state supportive housing program, the solutions to end homelessness 19 program or the operational support for AIDS housing program, or to qual- 20 ified grantees under such programs, in accordance with the requirements 21 of such programs, a sum not to exceed $50,781,000 for the fiscal year 22 ending March 31, 2024. The homeless housing and assistance corporation 23 may enter into an agreement with the office of temporary and disability 24 assistance to administer such sum in accordance with the requirements of 25 such programs. Notwithstanding any other provision of law, and subject 26 to the approval of the New York state director of the budget, the board 27 of directors of the state of New York mortgage agency shall authorize 28 the transfer to the homeless housing and assistance corporation, a total 29 sum not to exceed $50,781,000, such transfer to be made from (i) the 30 special account of the mortgage insurance fund created pursuant to 31 section 2429-b of the public authorities law, in an amount not to exceed 32 the actual excess balance in the special account of the mortgage insur- 33 ance fund, as determined and certified by the state of New York mortgage 34 agency for the fiscal year 2022-2023 in accordance with section 2429-b 35 of the public authorities law, if any, and/or (ii) provided that the 36 reserves in the project pool insurance account of the mortgage insurance 37 fund created pursuant to section 2429-b of the public authorities law 38 are sufficient to attain and maintain the credit rating as determined by 39 the state of New York mortgage agency, required to accomplish the 40 purposes of such account, the project pool insurance account of the 41 mortgage insurance fund, such transfer shall be made as soon as practi- 42 cable but no later than March 31, 2024. 43 § 5. This act shall take effect immediately. 44 PART R 45 Intentionally Omitted 46 PART S 47 Intentionally Omitted 48 PART TA. 3006--B 40 1 Intentionally Omitted 2 PART U 3 Section 1. Subdivision 2 of section 410-u of the social services law, 4 as amended by section 1 of part L of chapter 56 of the laws of 2022, is 5 amended to read as follows: 6 2. The state block grant for child care shall be divided into two 7 parts pursuant to a plan developed by the department and approved by the 8 director of the budget. One part shall be retained by the state to 9 provide child care on a statewide basis to special groups and for activ- 10 ities to increase the availability and/or quality of child care 11 programs, including, but not limited to, the start-up of child care 12 programs, the operation of child care resource and referral programs, 13 training activities, the regulation and monitoring of child care 14 programs, the development of computerized data systems, and consumer 15 education, provided however, that child care resource and referral 16 programs funded under title five-B of article six of this chapter shall 17 meet additional performance standards developed by the department of 18 social services including but not limited to: increasing the number of 19 child care placements for persons who are at or below [two hundred20percent of the state income standard, or three hundred percent of the21state income standard effective August first, two thousand twenty-two,22provided such persons are at or below] eighty-five percent of the state 23 median income, with emphasis on placements supporting local efforts in 24 meeting federal and state work participation requirements, increasing 25 technical assistance to all modalities of legal child care to persons 26 who are at or below [two hundred percent of the state income standard,27or three hundred percent of the state income standard effective August28first, two thousand twenty-two, provided such persons are at or below] 29 eighty-five percent of the state median income, including the provision 30 of training to assist providers in meeting child care standards or regu- 31 latory requirements, and creating new child care opportunities, and 32 assisting social services districts in assessing and responding to child 33 care needs for persons at or below [two hundred percent of the state34income standard, or three hundred percent of the state income standard35effective August first, two thousand twenty-two, provided such persons36are at or below] eighty-five percent of the state median income. The 37 department shall have the authority to withhold funds from those agen- 38 cies which do not meet performance standards. Agencies whose funds are 39 withheld may have funds restored upon achieving performance standards. 40 The other part shall be allocated to social services districts to 41 provide child care assistance to families receiving family assistance 42 and to other low income families. 43 § 2. Subdivisions 1 and 3 of section 410-w of the social services 44 law, subdivision 1 as amended by section 2 of part L of chapter 56 of 45 the laws of 2022, and subdivision 3 as amended by chapter 70 of the laws 46 of 2023, are amended to read as follows: 47 1. A social services district may use the funds allocated to it from 48 the block grant to provide child care assistance to: 49 (a) families receiving public assistance when such child care assist- 50 ance is necessary: to enable a parent or caretaker relative to engage in 51 work, participate in work activities or perform a community service 52 pursuant to title nine-B of article five of this chapter; to enable a 53 teenage parent to attend high school or other equivalent trainingA. 3006--B 41 1 program; because the parent or caretaker relative is physically or 2 mentally incapacitated; or because family duties away from home necessi- 3 tate the parent or caretaker relative's absence; child day care shall be 4 provided during breaks in activities, for a period of up to two weeks. 5 Such child day care may be authorized for a period of up to one month if 6 child care arrangements shall be lost if not continued, and the program 7 or employment is scheduled to begin within such period; 8 (b) families with incomes up to [two hundred percent of the state9income standard, or three hundred percent of the state income standard10effective August first, two thousand twenty-two] eighty-five percent of 11 the state median income who are attempting through work activities to 12 transition off of public assistance when such child care is necessary in 13 order to enable a parent or caretaker relative to engage in work 14 provided such families' public assistance has been terminated as a 15 result of increased hours of or income from employment or increased 16 income from child support payments or the family voluntarily ended 17 assistance; provided that the family received public assistance at least 18 three of the six months preceding the month in which eligibility for 19 such assistance terminated or ended or provided that such family has 20 received child care assistance under subdivision four of this section[;21and provided, the family income does not exceed eighty-five percent of22the state median income]; 23 (c) families with incomes up to [two hundred percent of the state24income standard, or three hundred percent of the state income standard25effective August first, two thousand twenty-two] eighty-five percent of 26 the state median income, which are determined in accordance with the 27 regulations of the department to be at risk of becoming dependent on 28 family assistance[; provided, the family income does not exceed eighty-29five percent of the state median income]; 30 (d) families with incomes up to [two hundred percent of the state31income standard, or three hundred percent of the state income standard32effective August first, two thousand twenty-two] eighty-five percent of 33 the state median income, who are attending a post secondary educational 34 program[; provided, the family income does not exceed eighty-five35percent of the state median income]; and 36 (e) other families with incomes up to [two hundred percent of the37state income standard, or three hundred percent of the state income38standard effective August first, two thousand twenty-two, which the39social services district designates in its consolidated services plan as40eligible for child care assistance] eighty-five percent of the state 41 median income in accordance with criteria established by the depart- 42 ment[; provided, the family income does not exceed eighty-five percent43of the state median income]. 44 3. A social services district shall guarantee child care assistance to 45 families in receipt of public assistance with children under thirteen 46 years of age when such child care assistance is necessary for a parent 47 or caretaker relative to engage in work or participate in work activ- 48 ities pursuant to the provisions of title nine-B of article five of this 49 chapter. Child care assistance shall continue to be guaranteed for such 50 a family for a period of twelve months or, upon approval by the office, 51 may be provided by a social services district for a period up to twen- 52 ty-four months, after the month in which the family's eligibility for 53 public assistance has terminated or ended when such child care is neces- 54 sary in order to enable the parent or caretaker relative to engage in 55 work, provided that the family's public assistance has been terminated 56 as a result of an increase in the hours of or income from employment orA. 3006--B 42 1 increased income from child support payments or because the family 2 voluntarily ended assistance; that the family received public assistance 3 in at least three of the six months preceding the month in which eligi- 4 bility for such assistance terminated or ended or provided that such 5 family has received child care assistance under subdivision four of this 6 section; and that the family's income does not exceed [two hundred7percent of the state income standard, or three hundred percent of the8state income standard effective August first, two thousand twenty-two;9and that the family income does not exceed] eighty-five percent of the 10 state median income. Such child day care shall recognize the need for 11 continuity of care for the child and a district shall not move a child 12 from an existing provider unless the participant consents to such move. 13 § 3. Paragraph (a) of subdivision 2 of section 410-x of the social 14 services law, as amended by chapter 416 of the laws of 2000, is amended 15 to read as follows: 16 (a) [A social services district] The office of children and family 17 services may establish priorities for the families which will be eligi- 18 ble to receive funding; provided that the priorities provide that eligi- 19 ble families will receive equitable access to child care assistance 20 funds to the extent that these funds are available. The office shall 21 ensure families currently in receipt of child care assistance who have 22 been selected as a priority population by a local social services 23 district set forth in the district's consolidated services plan, shall 24 continue to receive such assistance provided they meet the eligibility 25 requirements for assistance. 26 § 4. Paragraphs (b) and (c) of subdivision 2 of section 410-x of the 27 social services law are REPEALED. 28 § 5. Section 410-x of the social services law is amended by adding a 29 new subdivision 9 to read as follows: 30 9. Reimbursement for payment on behalf of children who are temporarily 31 absent from child care shall be paid for up to eighty days per year. 32 Reimbursement for additional absences may be allowable in the case of 33 extenuating circumstances, as determined by the office of children and 34 family services. 35 § 6. Subdivision 8 of section 410-w of the social services law, as 36 amended by section 1 of part Z of chapter 56 of the laws of 2021, is 37 amended to read as follows: 38 8. Notwithstanding any other provision of law, rule or regulations to 39 the contrary, a social services district that implements a plan amend- 40 ment to the child care portion of its child and family services plan, 41 either as part of an annual plan update, or through a separate plan 42 amendment process, where such amendment reduces eligibility for, or 43 increases the family share percentage of, families receiving child care 44 services, or that implements the process for closing child care cases as 45 set forth in the district's approved child and family services plan, due 46 to the district determining that it cannot maintain its current caseload 47 because all of the available funds are projected to be needed for open 48 cases, shall provide all families whose eligibility for child care 49 assistance or family share percentage will be impacted by such action 50 with at least thirty days prior written notice of the action. Provided, 51 however, that a family receiving assistance pursuant to this title shall 52 not be required to contribute more than [ten] one percent of their 53 income exceeding the federal poverty level. 54 § 7. Subdivision 6 of section 410-x of the social services law, as 55 amended by section 2 of part Z of chapter 56 of the laws of 2021, is 56 amended to read as follows:A. 3006--B 43 1 6. Pursuant to department regulations, child care assistance shall be 2 provided on a sliding fee basis based upon the family's ability to pay; 3 provided, however, that a family receiving assistance pursuant to this 4 title shall not be required to contribute more than [ten] one percent of 5 their income exceeding the federal poverty level. 6 § 8. Subdivision 10 of section 410-w of the social services law, as 7 added by section 2 of part L of chapter 56 of the laws of 2022, is 8 amended to read as follows: 9 10. For the purposes of this [section] title, the term "state median 10 income" means the most recent state median income data published by the 11 bureau of the census, for a family of the same size, updated by the 12 department for a family size of four and adjusted by the department for 13 family size. 14 § 9. Section 3 of part Z of chapter 56 of the laws of 2021 amending 15 the social services law relating to making child care more affordable 16 for low-income families, is amended to read as follows: 17 § 3. This act shall take effect immediately [and shall expire and be18deemed repealed three years after such date]. 19 § 10. This act shall take effect October 1, 2023. The office of chil- 20 dren and family services is hereby authorized to promulgate such rules 21 and regulations as may be necessary, including on an emergency basis, to 22 implement the provisions of this act. 23 PART V 24 Intentionally Omitted 25 PART W 26 Section 1. Section 11 of subpart A of part G of chapter 57 of the laws 27 of 2012, amending the social services law and the family court act 28 relating to establishing a juvenile justice services close to home 29 initiative, as amended by section 2 of part G of chapter 56 of the laws 30 of 2018, is amended to read as follows: 31 § 11. This act shall take effect April 1, 2012 and shall expire on 32 March 31, [2023] 2028 when upon such date the provisions of this act 33 shall be deemed repealed; provided, however, that effective immediately, 34 the addition, amendment and/or repeal of any rule or regulation neces- 35 sary for the implementation of this act on its effective date are 36 authorized and directed to be made and completed on or before such 37 effective date; provided, however, upon the repeal of this act, a social 38 services district that has custody of a juvenile delinquent pursuant to 39 an approved juvenile justice services close to home initiative shall 40 retain custody of such juvenile delinquent until custody may be legally 41 transferred in an orderly fashion to the office of children and family 42 services. 43 § 2. Section 7 of subpart B of part G of chapter 57 of the laws of 44 2012, amending the social services law, the family court act and the 45 executive law relating to juvenile delinquents, as amended by section 3 46 of part G of chapter 56 of the laws of 2018, is amended to read as 47 follows: 48 § 7. This act shall take effect April 1, 2012 and shall expire on 49 March 31, [2023] 2028 when upon such date the provisions of this act 50 shall be deemed repealed; provided, however, that effective immediately, 51 the addition, amendment and/or repeal of any rule or regulation neces-A. 3006--B 44 1 sary for the implementation of this act on its effective date is author- 2 ized and directed to be made and completed on or before such effective 3 date. 4 § 3. This act shall take effect immediately and shall be deemed to 5 have been in full force and effect on and after March 31, 2023. 6 PART X 7 Section 1. Subdivision 1 of section 336-a of the social services law, 8 as amended by chapter 275 of the laws of 2017, is amended to read as 9 follows: 10 1. Social services districts shall make available vocational educa- 11 tional training and educational activities. Such activities may include 12 but need not be limited to, high school education or education designed 13 to prepare a participant for a high school equivalency certificate, 14 basic and remedial education, education in English proficiency, educa- 15 tion or a course of instruction in financial literacy and personal 16 finance that includes instruction on household cash management tech- 17 niques, career advice to obtain a well paying and secure job, using 18 checking and savings accounts, obtaining and utilizing short and long 19 term credit, securing a loan or other long term financing arrangement 20 for high cost items, participation in a higher education course of 21 instruction or trade school, and no more than a total of four years of 22 post-secondary education (or the part-time equivalent). Educational 23 activities pursuant to this section may be offered with any of the 24 following providers which meet the performance or assessment standards 25 established in regulations by the commissioner for such providers: a 26 community college, licensed trade school, registered business school, or 27 a two-year or four-year college; provided, however, that such post-sec- 28 ondary education must be necessary to the attainment of the partic- 29 ipant's individual employment goal as set forth in the employability 30 plan and such goal must relate directly to obtaining useful employment 31 [in a recognized occupation]. When making [any] an assignment to any 32 educational activity pursuant to this subdivision, such assignment shall 33 be permitted only to the extent that such assignment is consistent with 34 the individual's assessment and employment plan goals in accordance with 35 sections three hundred thirty-five and three hundred thirty-five-a of 36 this title and shall require that the individual maintains satisfactory 37 academic progress and hourly participation is documented consistent with 38 federal and state requirements. For purposes of this provision "satis- 39 factory academic progress" shall mean having a cumulative C average, or 40 its equivalent, as determined by the academic institution. The require- 41 ment to maintain satisfactory academic progress may be waived if done so 42 by the academic institution and the social services district based on 43 undue hardship caused by an event such as a personal injury or illness 44 of the student, the death of a relative of the student or other exten- 45 uating circumstances. [Any enrollment in post-secondary education beyond46a twelve month period must be combined with no less than twenty hours of47participation averaged weekly in paid employment or work activities or48community service when paid employment is not available.] Participation 49 in an educational and/or vocational training program, that shall 50 include, but not be limited to, a two-year post-secondary degree 51 program, which is necessary for the participant to attain their individ- 52 ual employment goal and is likely to lead to a degree or certification 53 and sustained employment, shall be approved consistent with such indi- 54 vidual's assessment and employability plan to the extent that suchA. 3006--B 45 1 approval does not jeopardize the state's ability to comply with federal 2 work participation rates, as determined by the office of temporary and 3 disability assistance. 4 § 2. Paragraph (a) of subdivision 8 of section 131-a of the social 5 services law is amended by adding two new subparagraphs (xi) and (xii) 6 to read as follows: 7 (xi) all of the earned income of a recipient of public assistance that 8 is derived from participation in a qualified work activity or training 9 program as determined by the office of temporary and disability assist- 10 ance, to the extent that such earned income has not already been disre- 11 garded pursuant to subparagraph (vii) of this paragraph, provided that 12 the recipient's total income shall not be more than two hundred percent 13 of the federal poverty level. 14 (xii) once during the lifetime of a recipient of public assistance, 15 all of the earned income of such recipient will be disregarded following 16 job entry, provided that such exemption of income for purposes of public 17 assistance eligibility shall be for no more than six consecutive months 18 from the initial date of obtaining such employment and that the recipi- 19 ent's total income shall not be more than two hundred percent of the 20 federal poverty level. In the event a recipient removes from one to 21 another social services district, the disregard shall follow the recipi- 22 ent in accordance with the provisions in paragraph (a) of subdivision 23 five of section sixty-two of this chapter. 24 § 3. This act shall take effect on the two hundred fortieth day after 25 it shall have become a law. 26 PART Y 27 Section 1. The social services law is amended by adding a new section 28 152-d to read as follows: 29 § 152-d. Replacement of stolen public assistance. 1. Notwithstanding 30 section three hundred fifty-j of this article and subdivision eleven of 31 section one hundred thirty-one of this title, and in accordance with 32 this section, public assistance recipients shall receive replacement 33 assistance for the loss of public assistance, as defined in subdivision 34 nineteen of section two of this chapter, in instances when such public 35 assistance has been stolen as a result of card skimming, cloning, third 36 party misrepresentation or other similar fraudulent activities, consist- 37 ent with guidance issued by the office of temporary and disability 38 assistance. 39 2. The office of temporary and disability assistance shall establish a 40 protocol for recipients to report incidents of stolen public assistance. 41 3. Social services districts shall promptly replace stolen public 42 assistance, however, such replacement shall occur no later than five 43 business days after the social services district has verified the public 44 assistance was stolen in accordance with guidance established by the 45 office of temporary and disability assistance. Provided however, that 46 verification of stolen public assistance shall not require a police 47 report or any other interaction with law enforcement. 48 4. For public assistance that is verified as stolen, replacement 49 assistance shall be provided by the social services district for the 50 full amount of public assistance that was stolen on or after January 51 first, two thousand twenty-two. 52 5. Any replacement assistance provided under this section shall be 53 exempt from recoupment and recovery provisions under title six of arti- 54 cle three of this chapter; provided, however, that assistance shall notA. 3006--B 46 1 be exempt from recoupment and recovery if it is later determined that 2 the public assistance that was replaced pursuant to this section was not 3 stolen as a result of card skimming, cloning, third party misrepresen- 4 tation or other similar fraudulent activities. 5 § 2. This act shall take effect immediately. 6 PART Z 7 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 8 section 131-o of the social services law, as amended by section 1 of 9 part S of chapter 56 of the laws of 2022, are amended to read as 10 follows: 11 (a) in the case of each individual receiving family care, an amount 12 equal to at least [$161.00] $175.00 for each month beginning on or after 13 January first, two thousand [twenty-two] twenty-three. 14 (b) in the case of each individual receiving residential care, an 15 amount equal to at least [$186.00] $202.00 for each month beginning on 16 or after January first, two thousand [twenty-two] twenty-three. 17 (c) in the case of each individual receiving enhanced residential 18 care, an amount equal to at least [$222.00] $241.00 for each month 19 beginning on or after January first, two thousand [twenty-two] twenty- 20 three. 21 (d) for the period commencing January first, two thousand [twenty-22three] twenty-four, the monthly personal needs allowance shall be an 23 amount equal to the sum of the amounts set forth in subparagraphs one 24 and two of this paragraph: 25 (1) the amounts specified in paragraphs (a), (b) and (c) of this 26 subdivision; and 27 (2) the amount in subparagraph one of this paragraph, multiplied by 28 the percentage of any federal supplemental security income cost of 29 living adjustment which becomes effective on or after January first, two 30 thousand [twenty-three] twenty-four, but prior to June thirtieth, two 31 thousand [twenty-three] twenty-four, rounded to the nearest whole 32 dollar. 33 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 34 section 209 of the social services law, as amended by section 2 of part 35 S of chapter 56 of the laws of 2022, are amended to read as follows: 36 (a) On and after January first, two thousand [twenty-two] twenty- 37 three, for an eligible individual living alone, [$928.00] $1,001.00; and 38 for an eligible couple living alone, [$1,365.00] $1,475.00. 39 (b) On and after January first, two thousand [twenty-two] 40 twenty-three, for an eligible individual living with others with or 41 without in-kind income, [$864.00] $937.00; and for an eligible couple 42 living with others with or without in-kind income, [$1,307.00] 43 $1,417.00. 44 (c) On and after January first, two thousand [twenty-two]twenty-three, 45 (i) for an eligible individual receiving family care, [$1,107.48] 46 $1,180.48 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 family care in the city of New York or the 49 county of Nassau, Suffolk, Westchester or Rockland, two times the amount 50 set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- 51 ble individual receiving such care in any other county in the state, 52 [$1,069.48] $1,142.48; and (iv) for an eligible couple receiving such 53 care in any other county in the state, two times the amount set forth in 54 subparagraph (iii) of this paragraph.A. 3006--B 47 1 (d) On and after January first, two thousand [twenty-two] 2 twenty-three, (i) for an eligible individual receiving residential care, 3 [$1,276.00] $1,349.00 if he or she is receiving such care in the city of 4 New York or the county of Nassau, Suffolk, Westchester or Rockland; and 5 (ii) for an eligible couple receiving residential care in the city of 6 New York or the county of Nassau, Suffolk, Westchester or Rockland, two 7 times the amount set forth in subparagraph (i) of this paragraph; or 8 (iii) for an eligible individual receiving such care in any other county 9 in the state, [$1,246.00] $1,319.00; and (iv) for an eligible couple 10 receiving such care in any other county in the state, two times the 11 amount set forth in subparagraph (iii) of this paragraph. 12 (e) On and after January first, two thousand [twenty-two] 13 twenty-three, (i) for an eligible individual receiving enhanced residen- 14 tial care, [$1,535.00] $1,608.00; and (ii) for an eligible couple 15 receiving enhanced residential care, two times the amount set forth in 16 subparagraph (i) of this paragraph. 17 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 18 vision shall be increased to reflect any increases in federal supple- 19 mental security income benefits for individuals or couples which become 20 effective on or after January first, two thousand [twenty-three] twen- 21 ty-four but prior to June thirtieth, two thousand [twenty-three] twen- 22 ty-four. 23 § 3. This act shall take effect December 31, 2023. 24 PART AA 25 Section 1. Paragraph (c) of subdivision 5 of section 409-a of the 26 social services law, as amended by chapter 624 of the laws of 2019, is 27 amended to read as follows: 28 (c) Notwithstanding any other provision of this section, where a 29 social services official determines that a lack of adequate housing is 30 the primary factor preventing the discharge of a child or children from 31 foster care including, but not limited to, children with the goal of 32 discharge to independent living, preventive services shall include, in 33 addition to any other payments or benefits received by the family, 34 special cash grants in the form of rent subsidies, including rent 35 arrears, or any other assistance, sufficient to obtain adequate housing. 36 Such rent subsidies or assistance shall not exceed the sum of [three] 37 seven hundred twenty-five dollars per month, shall not be provided for a 38 period of more than three years, may be provided up to age twenty-four 39 for youth discharged from foster care, and shall be considered a special 40 grant. Nothing in this paragraph shall be construed to limit the ability 41 of those using such rent subsidy to live with roommates. The provisions 42 of this paragraph shall not be construed to limit such official's 43 authority to provide other preventive services. 44 § 2. Subdivision 7 of section 409-a of the social services law, as 45 amended by chapter 624 of the laws of 2019, is amended to read as 46 follows: 47 7. Notwithstanding any other provision of this section, if a social 48 services official determines that a lack of adequate housing is a factor 49 that may cause the entry of a child or children into foster care and the 50 family has at least one service need other than lack of adequate hous- 51 ing, preventive services may include, in addition to any other payments 52 or benefits received by the family, special cash grants in the form of 53 rent subsidies, including rent arrears, or any other assistance, suffi- 54 cient to obtain adequate housing. Such rent subsidies or assistanceA. 3006--B 48 1 shall not exceed the sum of [three] seven hundred twenty-five dollars 2 per month, shall not be provided for a period of more than three years, 3 may be provided up to age twenty-four for youth discharged from foster 4 care, and shall be considered a special grant. Nothing in this subdivi- 5 sion shall be construed to limit the ability of those using such rent 6 subsidy to live with roommates. The provisions of this paragraph shall 7 not be construed to limit such official's authority to provide other 8 preventive services. 9 § 3. This act shall take effect January 1, 2024. 10 PART BB 11 Section 1. 1. The state university of New York trustees shall develop 12 a long-term plan to address the impact fluctuations in student enroll- 13 ment have on the academic and financial sustainability of state-operated 14 institutions and community colleges. Such plan shall include, but not be 15 limited to, projected student enrollments, an assessment of degree and 16 credential offerings, initiatives to attract and retain students and 17 faculty from diverse demographics, and any research benchmarks. The 18 plan shall also include how the state university of New York trustees 19 plan to stabilize the finances of all campuses and leverage each 20 campus's strengths to improve its long-term success. The state universi- 21 ty of New York trustees shall submit such plan to the governor, the 22 temporary president of the senate, and the speaker of the assembly on or 23 before January 1, 2024. 24 2. The city university of New York trustees shall develop a long-term 25 plan to address the impact fluctuations in student enrollment have on 26 the academic and financial sustainability of senior colleges and commu- 27 nity colleges. Such plan shall include, but not be limited to, projected 28 student enrollments, an assessment of degree and credential offerings, 29 initiatives to attract and retain students and faculty from diverse 30 demographics, and any research benchmarks. The plan shall also include 31 how the city university of New York trustees plan to stabilize the 32 finances of all campuses and leverage each campus's strengths to improve 33 its long-term success. The city university of New York trustees shall 34 submit such plan to the governor, the temporary president of the senate, 35 and the speaker of the assembly on or before January 1, 2024. 36 § 2. This act shall take effect immediately. 37 PART CC 38 Section 1. Clause (vi) of subparagraph 4 of paragraph h of subdivision 39 2 of section 355 of the education law, as amended by section 1 of part 40 JJJ of chapter 59 of the laws of 2017, is amended to read as follows: 41 (vi) Beginning in state fiscal year two thousand twenty-four--two 42 thousand twenty-five and thereafter, the state shall appropriate and 43 make available general fund operating support and fringe benefits, for 44 the state university and the state university health science centers in 45 an amount not less than the amounts separately appropriated and made 46 available in the prior state fiscal year; provided, further, the state 47 shall appropriate and make available general fund operating support to 48 cover all mandatory costs of the state university and the state univer- 49 sity health science centers, which shall include, but not be limited to, 50 collective bargaining costs including salary increments, fringe bene- 51 fits, and other non-personal service costs such as utility costs, build- 52 ing rentals and other inflationary expenses incurred by the stateA. 3006--B 49 1 university and the state university health science centers; provided, 2 however, that if the governor declares a fiscal emergency, and communi- 3 cates such emergency to the temporary president of the senate and the 4 speaker of the assembly, state support for operating expenses at the 5 state university and city university may be reduced in a manner propor- 6 tionate to one another, and the aforementioned provisions shall not 7 apply. 8 (vii) For the state university fiscal years commencing two thousand 9 eleven--two thousand twelve and ending two thousand fifteen--two thou- 10 sand sixteen, each university center may set aside a portion of its 11 tuition revenues derived from tuition increases to provide increased 12 financial aid for New York state resident undergraduate students whose 13 net taxable income is eighty thousand dollars or more subject to the 14 approval of a NY-SUNY 2020 proposal by the governor and the chancellor 15 of the state university of New York. Nothing in this paragraph shall be 16 construed as to authorize that students whose net taxable income is 17 eighty thousand dollars or more are eligible for tuition assistance 18 program awards pursuant to section six hundred sixty-seven of this 19 [chapter] title. 20 § 2. Paragraph (a) of subdivision 7 of section 6206 of the education 21 law is amended by adding a new subparagraph (vi) to read as follows: 22 (vi) Beginning in state fiscal year two thousand twenty-four--two 23 thousand twenty-five and thereafter, the state shall appropriate and 24 make available general fund operating support and fringe benefits, for 25 the city university in an amount not less than the amounts separately 26 appropriated and made available in the prior state fiscal year; 27 provided, further, the state shall appropriate and make available gener- 28 al fund operating support to cover all mandatory costs of the city 29 university, which shall include, but not be limited to, collective 30 bargaining costs including salary increments, fringe benefits, and other 31 non-personal service costs such as utility costs, building rentals and 32 other inflationary expenses incurred by the city university; provided, 33 however, that if the governor declares a fiscal emergency, and communi- 34 cates such emergency to the temporary president of the senate and the 35 speaker of the assembly, state support for operating expenses at the 36 state university and city university may be reduced in a manner propor- 37 tionate to one another, and the aforementioned provisions shall not 38 apply. 39 § 3. This act shall take effect immediately provided that: 40 (a) the amendments to subparagraph 4 of paragraph h of subdivision 2 41 of section 355 of the education law made by section one of this act 42 shall not affect the expiration and reversion of such subparagraph 43 pursuant to chapter 260 of the laws of 2011, as amended, and shall 44 expire therewith; and 45 (b) the amendments to paragraph (a) of subdivision 7 of section 6206 46 of the education law made by section two of this act shall not affect 47 the expiration and reversion of such paragraph pursuant to chapter 260 48 of the laws of 2011, as amended, and shall expire therewith. 49 PART DD 50 Section 1. The executive law is amended by adding a new article 29 to 51 read as follows: 52 ARTICLE 29 53 NEW YORK STATE OFFICE OF CIVIL REPRESENTATION 54 Section 827. Office of civil representation.A. 3006--B 50 1 828. Powers and duties of the office of civil representation. 2 829. Definitions. 3 830. Provision of legal representation, legal consultation, and 4 community education. 5 § 827. Office of civil representation. 1. There is hereby established 6 in the executive department an office of civil representation to create 7 and implement a program to provide access to legal services pursuant to 8 section eight hundred twenty-eight of this article. 9 2. The office shall be headed by an executive director who shall be 10 appointed by the governor with the advice and consent of the senate. 11 § 828. Powers and duties of the office of civil representation. The 12 executive director shall have the power and duty to: 13 1. establish a program to provide legal representation and legal 14 consultation including entering into contracts and agreements as may be 15 necessary, in accordance with section eight hundred thirty of this arti- 16 cle; 17 2. prepare and submit to the governor, the temporary president of the 18 senate, and the speaker of the assembly an annual report regarding the 19 program created under section eight hundred thirty of this article. 20 Such report shall include but not be limited to the following informa- 21 tion, disaggregated by county, provided, however, that the information 22 shall not be required for every case where the individual refuses to 23 provide the information or the information is not reasonably ascertaina- 24 ble: 25 (a) the total number of people provided legal representation and legal 26 consultation; 27 (b) the outcomes of the cases provided legal representation and, to 28 the extent known, the outcomes of the cases provided legal consultation; 29 (c) gender, race, ethnicity, and age; 30 (d) postal code of residence; 31 (e) household size; 32 (f) estimated length of tenancy; 33 (g) approximate household income; 34 (h) receipt of ongoing public assistance at the time such legal 35 services were initiated; 36 (i) tenancy in rent-regulated housing; 37 (j) tenancy in housing operated by or subsidized through a federal, 38 state or local rental subsidy program; 39 (k) legal services provided by type of legal issue; 40 (l) a list of designated legal organizations, the geographic region in 41 which such organizations provide services, and the amount of funding 42 provided to each; 43 (m) outcomes immediately following the provision of full legal repre- 44 sentation, as applicable and available, including, but not limited to, 45 the number of: 46 (i) judgments allowing individuals to remain in their residence; 47 (ii) judgments requiring individuals to be displaced from their resi- 48 dence; and 49 (iii) instances where an attorney representing an income-eligible 50 individual was discharged or withdrew; 51 (n) a list of landlords involved in eviction proceedings; 52 (o) residential evictions conducted by sheriffs or city marshals, 53 disaggregated by county; 54 (p) a list of designated community organizations, the geographic 55 region in which such organizations provide services, and the amount of 56 funding provided to each;A. 3006--B 51 1 (q) the number of buildings in which outreach was conducted, the 2 number of workshops offered, the number of attendees at such workshops, 3 the number of people referred to non-profits having status under section 4 501 (C) (3) of the United States internal revenue code, and the number 5 of trainings offered; and 6 (r) an evaluation of implementation challenges and recommendations for 7 any future programmatic improvements. 8 3. provide an annual estimate for the funding necessary for the opera- 9 tion of the program under section eight hundred thirty of this article; 10 4. coordinate with other programs providing legal representation in 11 covered proceedings to ensure efficiency of functions and to prevent 12 duplication of work; 13 5. subject to available funding, create a program providing outreach 14 and education through designated legal organizations, or other community 15 organizations, to spread awareness of the availability of legal repre- 16 sentation and legal consultation by such designated legal organizations; 17 6. create and make available resources for individuals with regard to 18 their rights in civil legal matters regarding housing accommodations in 19 the languages required by law and such additional languages as may be 20 necessary; and 21 7. promulgates any rules, regulations, and guidance necessary for the 22 implementation of the provisions of this article. 23 § 829. Definitions. For the purposes of this article, the following 24 terms shall have the following meanings: 25 1. "executive director" means the executive director of the New York 26 state office of civil representation. 27 2. "office" means the New York state office of civil representation. 28 3. "eligible individual" means an individual who is at risk of losing 29 their housing accommodation in a covered proceeding and who has an 30 income at or below eighty percent of the area median income and, where 31 applicable, does not otherwise qualify for legal representation under 32 any other program providing individuals legal representation operated or 33 funded by a municipality, as well as any other individual meeting crite- 34 ria developed by the office, which may include but not be limited to 35 individuals eligible for a stay on the issuance of a warrant of eviction 36 under section seven hundred fifty-three of the real property actions and 37 proceedings law. 38 4. "covered proceeding" means any proceeding to evict an individual or 39 otherwise terminate a tenancy, any other proceeding that is likely to 40 result in an individual losing such individual's housing accommodation, 41 as determined by the office, or a proceeding brought by an eligible 42 individual to enforce the warranty of habitability or in response to the 43 unlawful actions of a landlord, as well as any appeals from any such 44 proceedings. 45 5. "designated legal organization" means a not-for-profit organization 46 or association having non-profit status under section 501(C)(3) of the 47 United States internal revenue code that has the capacity to provide 48 comprehensive and effective legal services for the program established 49 under section eight hundred thirty of this article. To the extent prac- 50 ticable, such designated legal organizations shall be organizations that 51 maintain a practice of furnishing free or reduced cost legal services to 52 individuals; possess expertise in the areas of law for covered 53 proceedings; have a demonstrated history or practice with regard to the 54 legal issues facing low-income residents of the state of New York; 55 possess adequate infrastructure to provide consistent legal represen- 56 tation and/or legal consultation.A. 3006--B 52 1 6. "designated community organization" means a not-for-profit organ- 2 ization or association having non-profit status under section 501(C)(3) 3 of the United States internal revenue code that has the capacity to 4 provide education in a program established under section eight hundred 5 thirty of this article. To the extent practicable, such designated 6 community organization shall maintain a practice of furnishing free 7 services; possess expertise and experience in community education and 8 organizing, and ties to the communities they serve; demonstrate exper- 9 tise in recognizing and responding to the housing issues facing low-in- 10 come residents of the state of New York; possess adequate expertise to 11 provide consistent, high quality supervision, oversight, training, eval- 12 uation, and strategic response to emerging or changing needs in the 13 communities served; and maintain reasonable workloads and working condi- 14 tions for their staff. 15 7. "legal representation" means ongoing legal representation provided 16 by a designated legal organization to eligible individuals and the 17 provision of legal advice, advocacy, and assistance, including but not 18 be limited to: filing a notice of appearance, filing and preparation of 19 pleadings and motions on behalf of eligible individuals, court appear- 20 ances on behalf of eligible individuals, pre- and post-trial settlement 21 conferences, and any other activities needed to provide legal represen- 22 tation in a covered proceeding. 23 8. "legal consultation" means the provision of legal advice, including 24 advising an individual, who is not otherwise an eligible individual 25 under this section, of the applicable laws and remedies pertaining to 26 the covered proceeding in which they are involved, provided by a desig- 27 nated legal organization to an individual who is not otherwise an eligi- 28 ble individual. 29 9. "housing accommodation" means that part of any building or struc- 30 ture or any part thereof, permanent or temporary, occupied or intended, 31 arranged or designed to be used or occupied, by one or more individuals 32 as a residence, home, dwelling unit or apartment, sleeping place, board- 33 ing house, lodging house or hotel, and all essential services, privi- 34 leges, furnishings, furniture and facilities supplied in connection with 35 the occupation thereof. 36 § 830. Provision of legal representation, legal consultation, and 37 community education. 1. Subject to available funding and in accordance 38 with this article, the office shall develop programs to provide: 39 (a) legal representation through one or more designated legal organ- 40 izations to eligible individuals in covered proceedings throughout the 41 state; 42 (b) legal consultation through one or more designated legal organiza- 43 tions to individuals not eligible for legal representation under this 44 article and not otherwise eligible for legal consultation under any 45 program operated or funded by a municipality; and 46 (c) community outreach and education through one or more designated 47 legal organizations and/or designated community organizations regarding 48 the programs created herein. 49 2. In creating the programs under subdivision one of this section, the 50 executive director shall consult with the following: 51 (a) tenants and/or representatives of tenants, and community groups 52 representing low-income or other at-risk members of the community; 53 (b) legal and community-based organizations; 54 (c) representatives of the judiciary; 55 (d) representatives of a municipality operating or funding a program 56 providing legal representation, legal consultation, or community educa-A. 3006--B 53 1 tion and outreach and/or representatives of the organizations involved 2 in such programs; and 3 (e) any other organizations or individuals as may be necessary as 4 determined by the executive director. 5 3. The office shall post on its website information regarding the 6 programs created under this section including how individuals may find 7 services available in their geographic area. 8 4. The office shall hold one or more hearings or listening sessions in 9 each region of the state on an annual basis to evaluate the programs 10 created pursuant to this section and to incorporate any necessary chang- 11 es to such programs. 12 § 2. Section 701 of the real property actions and proceedings law is 13 amended by adding a new subdivision 3 to read as follows: 14 3. Any court maintaining a covered proceeding, as defined by section 15 eight hundred twenty-nine of the executive law, shall notify all 16 respondents by mail upon filing of a petition, not less than fourteen 17 days before trial, of the ability to obtain legal representation or 18 legal consultation, as applicable, pursuant to section eight hundred 19 thirty of the executive law. 20 § 3. Subdivisions 1 and 2 of section 711 of the real property actions 21 and proceedings law, subdivision 1 as amended by chapter 305 of the laws 22 of 1963 and subdivision 2 as amended by section 12 of part M of chapter 23 36 of the laws of 2019, are amended to read as follows: 24 1. The tenant continues in possession of any portion of the premises 25 after the expiration of his term, without the permission of the landlord 26 or, in a case where a new lessee is entitled to possession, without the 27 permission of the new lessee. Acceptance of rent after commencement of 28 the special proceeding upon this ground shall not terminate such 29 proceeding nor effect any award of possession to the landlord or to the 30 new lessee, as the case may be. A proceeding seeking to recover 31 possession of real property by reason of the termination of the term 32 fixed in the lease pursuant to a provision contained therein giving the 33 landlord the right to terminate the time fixed for occupancy under such 34 agreement if he deem the tenant objectionable, shall not be maintainable 35 unless the landlord shall by competent evidence establish to the satis- 36 faction of the court that the tenant is objectionable. No proceeding 37 shall be maintained unless the court has notified an individual of the 38 ability to obtain legal representation or legal consultation, as appli- 39 cable, pursuant to section eight hundred thirty of the executive law. 40 2. The tenant has defaulted in the payment of rent, pursuant to the 41 agreement under which the premises are held, and a written demand of the 42 rent has been made with at least fourteen days' notice requiring, in the 43 alternative, the payment of the rent, or the possession of the premises, 44 has been served upon him as prescribed in section seven hundred thirty- 45 five of this article. No proceeding shall be maintained unless the court 46 has notified an individual of the ability to obtain legal representation 47 or legal consultation, as applicable, pursuant to section eight hundred 48 thirty of the executive law. Any person succeeding to the landlord's 49 interest in the premises may proceed under this subdivision for rent due 50 his predecessor in interest if he has a right thereto. Where a tenant 51 dies during the term of the lease and rent due has not been paid and the 52 apartment is occupied by a person with a claim to possession, a proceed- 53 ing may be commenced naming the occupants of the apartment seeking a 54 possessory judgment only as against the estate. Entry of such a judgment 55 shall be without prejudice to the possessory claims of the occupants, 56 and any warrant issued shall not be effective as against the occupants.A. 3006--B 54 1 § 4. Section 713 of the real property actions and proceedings law is 2 amended by adding a new subdivision 12 to read as follows: 3 12. No proceeding shall be maintained, unless the court has provided 4 the respondent with written notice of the ability of the respondent to 5 obtain legal representation or legal consultation, as applicable, pursu- 6 ant to section eight hundred thirty of the executive law. 7 § 5. Section 745 of the real property actions and proceedings law is 8 amended by adding a new subdivision 3 to read as follows: 9 3. Where a respondent who is an eligible individual, as defined in 10 subdivision three of section eight hundred twenty-nine of the executive 11 law, appears in court without counsel, the court shall notify such 12 respondent orally of the ability to obtain legal representation pursuant 13 to section eight hundred thirty of the executive law, and if such 14 respondent would like counsel, the court shall adjourn the trial and 15 provide sufficient time, not less than fourteen days, for such respond- 16 ent to retain and consult counsel and shall grant such further adjourn- 17 ments as the court deems necessary for such covered individual to obtain 18 counsel. 19 § 6. Subdivisions 1 and 3 of section 749 of the real property actions 20 and proceedings law, as amended by section 19 of part M of chapter 36 of 21 the laws of 2019, are amended to read as follows: 22 1. Upon rendering a final judgment for petitioner, the court shall 23 issue a warrant directed to the sheriff of the county or to any consta- 24 ble or marshal of the city in which the property, or a portion thereof, 25 is situated, or, if it is not situated in a city, to any constable of 26 any town in the county, describing the property, stating the earliest 27 date upon which execution may occur pursuant to the order of the court, 28 and commanding the officer to remove all persons named in the proceed- 29 ing, provided upon a showing of good cause, the court may issue a stay 30 of re-letting or renovation of the premises for a reasonable period of 31 time. However, no court shall issue a judgment authorizing the issuance 32 of a warrant of eviction against a respondent who has defaulted, or 33 authorize the execution of an eviction pursuant to a default judgment, 34 unless the court has provided the respondent with written notice of the 35 respondent's ability to obtain legal representation or legal consulta- 36 tion, as applicable, pursuant to section eight hundred thirty of the 37 executive law in eviction proceedings in the notice required by sections 38 seven hundred eleven, seven hundred forty-one and seven hundred forty- 39 five of this article. 40 3. Nothing contained herein shall deprive the court of the power to 41 stay or vacate such warrant for good cause shown prior to the execution 42 thereof, or to restore the tenant to possession subsequent to execution 43 of the warrant. The failure of the court to advise an individual of 44 their ability to obtain legal representation or legal consultation, as 45 applicable, pursuant to section eight hundred thirty of the executive 46 law in an eviction proceeding shall constitute good cause to stay or 47 vacate such warrant. In a judgment for non-payment of rent, the court 48 shall vacate a warrant upon tender or deposit with the court of the full 49 rent due at any time prior to its execution, unless the petitioner 50 establishes that the tenant withheld the rent due in bad faith. Peti- 51 tioner may recover by action any sum of money which was payable at the 52 time when the special proceeding was commenced and the reasonable value 53 of the use and occupation to the time when the warrant was issued, for 54 any period of time with respect to which the agreement does not make any 55 provision for payment of rent.A. 3006--B 55 1 § 7. The real property law is amended by adding a new section 235-j to 2 read as follows: 3 § 235-j. Lease provisions waiving right to counsel void. Any 4 provision of a lease or contract waiving or otherwise limiting the 5 tenant's ability to obtain legal representation or legal consultation 6 under section eight hundred thirty of the executive law, as may be 7 applicable, shall be void and unenforceable. 8 § 8. Severability clause. If any provision of this act, or any appli- 9 cation of any provision of this act, is held to be invalid, or to 10 violate or be inconsistent with any federal law or regulation, that 11 shall not affect the validity or effectiveness of any other provision of 12 this act, which can be given effect without that provision or applica- 13 tion; and to that end, the provisions and applications of this act are 14 severable. 15 § 9. This act shall take effect January 1, 2024; provided, however, 16 that sections two through seven of this act shall take effect one year 17 after such date. 18 PART EE 19 Section 1. The public housing law is amended by adding a new article 20 14-A to read as follows: 21 ARTICLE 14-A 22 HOUSING ACCESS VOUCHER PROGRAM 23 Section 605. Legislative findings. 24 606. Definitions. 25 607. Housing access voucher program. 26 608. Eligibility. 27 609. Funding allocation and distribution. 28 610. Payment of housing vouchers. 29 611. Leases and tenancy. 30 612. Rental obligation. 31 613. Monthly assistance payment. 32 614. Inspection of units. 33 615. Rent. 34 616. Vacated units. 35 617. Leasing of units owned by a housing access voucher local 36 administrator. 37 618. Verification of income. 38 619. Division of an assisted family. 39 620. Maintenance of effort. 40 621. Vouchers statewide. 41 622. Applicable codes. 42 623. Housing choice. 43 § 605. Legislative findings. The legislature finds that it is in the 44 public interest of the state to ensure that individuals and families are 45 not rendered homeless because of an inability to pay the cost of hous- 46 ing, and to aid individuals and families who are homeless or face an 47 imminent loss of housing in obtaining and maintaining suitable permanent 48 housing in accordance with the provisions of this article. 49 § 606. Definitions. For the purposes of this article, the following 50 terms shall have the following meanings: 51 1. "Homeless" means lacking a fixed, regular, and adequate nighttime 52 residence; having a primary nighttime residence that is a public or 53 private place not designed for or ordinarily used as a regular sleeping 54 accommodation for human beings, including a car, park, abandoned build-A. 3006--B 56 1 ing, bus or train station, airport, campground, or other place not meant 2 for human habitation; living in a supervised publicly or privately oper- 3 ated shelter designated to provide temporary living arrangements 4 (including hotels and motels paid for by federal, state or local govern- 5 ment programs for low-income individuals or by charitable organizations, 6 congregate shelters, or transitional housing); exiting an institution 7 where an individual or family has resided and lacking a regular fixed 8 and adequate nighttime residence upon release or discharge; individuals 9 released or scheduled to be released from incarceration and lacking a 10 regular fixed and adequate nighttime residence upon release or 11 discharge; being a homeless family with children or unaccompanied youth 12 defined as homeless under 42 U.S.C. § 11302(a); having experienced a 13 long-term period without living independently in permanent housing or 14 having experienced persistent instability as measured by frequent moves 15 and being reasonably expected to continue in such status for an extended 16 period of time because of chronic disabilities, chronic physical health 17 or mental health conditions, substance addiction, histories of domestic 18 violence or childhood abuse, the presence of a child or youth with a 19 disability, multiple barriers to employment, or other dangerous or life- 20 threatening conditions, including conditions that relate to violence 21 against an individual or a family member. 22 2. "Imminent loss of housing" means having received a verified rent 23 demand or a petition for eviction; having received a court order result- 24 ing from an eviction action that notifies the individual or family that 25 they must leave their housing; facing loss of housing due to a court 26 order to vacate the premises due to hazardous conditions, which may 27 include but not be limited to asbestos, lead exposure, mold, and radon; 28 having a primary nighttime residence that is a room in a hotel or motel 29 and lacking the resources necessary to stay; facing loss of the primary 30 nighttime residence, which may include living in the home of another 31 household, where the owner or renter of the housing will not allow the 32 individual or family to stay, provided further, that an assertion from 33 an individual or family member alleging such loss of housing or home- 34 lessness shall be sufficient to establish eligibility; or fleeing or 35 attempting to flee domestic violence, dating violence, sexual assault, 36 stalking, human trafficking or other dangerous or life-threatening 37 conditions that relate to violence against the individual or a family 38 member, provided further that an assertion from an individual or family 39 member alleging such abuse and loss of housing shall be sufficient to 40 establish eligibility. 41 3. "Public housing agency" means any county, municipality, or other 42 governmental entity or public body that is authorized to administer any 43 public housing program (or an agency or instrumentality of such an enti- 44 ty), and any other public or private non-profit entity that administers 45 any other public housing program or assistance. 46 4. "Section 8 local administrator" means a public housing agency that 47 administers the Section 8 Housing Choice Voucher program under section 8 48 of the United States housing act of 1937 within a community, county or 49 region, or statewide, on behalf of and under contract with the housing 50 trust fund corporation. 51 5. "Housing access voucher local administrator" means a public housing 52 agency, as defined in subdivision three of this section, or Section 8 53 local administrator designated to administer the housing access voucher 54 program within a community, county or region, or statewide, on behalf of 55 and under contract with the housing trust fund corporation. In the city 56 of New York, the housing access voucher local administrator shall be theA. 3006--B 57 1 New York city department of housing preservation and development, or the 2 New York city housing authority, or both. 3 6. "Family" means a group of persons residing together. Such group 4 includes, but is not limited to a family with or without children (a 5 child who is temporarily away from the home because of placement in 6 foster care is considered a member of the family) or any remaining 7 members of a tenant family. The commissioner shall have the discretion 8 to determine if any other group of persons qualifies as a family. 9 7. "Owner" means any private person or any entity, including a cooper- 10 ative, an agency of the federal government, or a public housing agency, 11 having the legal right to lease or sublease dwelling units. 12 8. "Dwelling unit" means a single-family dwelling, including attached 13 structures such as porches and stoops; or a single-family dwelling unit 14 in a structure that contains more than one separate residential dwelling 15 unit, and in which each such unit is used or occupied, or intended to be 16 used or occupied, in whole or in part, as the residence of one or more 17 persons. 18 9. "Income" shall mean the same as it is defined by 24 CFR § 5.609 and 19 any amendments thereto. 20 10. "Adjusted income" shall mean the same as it is defined by 24 CFR § 21 5.611 and any amendments thereto. 22 11. "Reasonable rent" means rent not more than the rent charged on 23 comparable units in the private unassisted market and rent charged for 24 comparable unassisted units in the premises. 25 12. "Fair market rent" means the fair market rent for each rental area 26 as promulgated annually by the United States department of housing and 27 urban development pursuant to 42 U.S.C. 1437f. 28 13. "Voucher" means a document issued by the housing trust fund corpo- 29 ration pursuant to this article to an individual or family selected for 30 admission to the housing access voucher program, which describes such 31 program and the procedures for approval of a unit selected by the family 32 and states the obligations of the individual or family under the 33 program. 34 14. "Lease" means a written agreement between an owner and a tenant 35 for the leasing of a dwelling unit to the tenant. The lease establishes 36 the conditions for occupancy of the dwelling unit by an individual or 37 family with housing assistance payments under a contract between the 38 owner and the housing access voucher local administrator. 39 15. "Dependent" means any member of the family who is neither the head 40 of household, nor the head of the household's spouse, and who is: 41 (a) under the age of eighteen; 42 (b) a person with a disability; or 43 (c) a full-time student. 44 16. "Elderly" means a person sixty-two years of age or older. 45 17. "Child care expenses" means expenses relating to the care of chil- 46 dren under the age of thirteen. 47 18. "Severely rent burdened" means those individuals and families who 48 pay more than fifty percent of their income in rent as defined by the 49 United States census bureau. 50 19. "Disability" means: 51 (a) the inability to engage in any substantial gainful activity by 52 reason of any medically determinable physical or mental impairment which 53 can be expected to result in death or which has lasted or can be 54 expected to last for a continuous period of not less than twelve months; 55 orA. 3006--B 58 1 (b) in the case of an individual who has attained the age of fifty- 2 five and is blind, the inability by reason of such blindness to engage 3 in substantial gainful activity requiring skills or abilities comparable 4 to those of any gainful activity in which they have previously engaged 5 with some regularity and over a substantial period of time; or 6 (c) a physical, mental, or emotional impairment which: 7 (i) is expected to be of long-continued and indefinite duration; 8 (ii) substantially impedes his or her ability to live independently; 9 and 10 (iii) is of such a nature that such ability could be improved by more 11 suitable housing conditions; or 12 (d) a developmental disability that is a severe, chronic disability of 13 an individual that: 14 (i) is attributable to a mental or physical impairment or combination 15 of mental and physical impairments; 16 (ii) is manifested before the individual attains age twenty-two; 17 (iii) is likely to continue indefinitely; 18 (iv) results in substantial functional limitations in three or more of 19 the following areas of major life activity: 20 (A) self-care; 21 (B) receptive and expressive language; 22 (C) learning; 23 (D) mobility; 24 (E) self-direction; 25 (F) capacity for independent living; or 26 (G) economic self-sufficiency; and 27 (v) reflects the individual's need for a combination and sequence of 28 special, interdisciplinary, or generic services, individualized 29 supports, or other forms of assistance that are of lifelong or extended 30 duration and are individually planned and coordinated. 31 § 607. Housing access voucher program. The commissioner, subject to 32 the appropriation of funds for this purpose, shall implement a program 33 of rental assistance in the form of housing vouchers for eligible indi- 34 viduals and families who are homeless or who face an imminent loss of 35 housing in accordance with the provisions of this article. The housing 36 trust fund corporation shall issue vouchers pursuant to this article, 37 subject to appropriation of funds for this purpose, and may contract 38 with the division of housing and community renewal to administer any 39 aspect of this program in accordance with the provisions of this arti- 40 cle. The commissioner shall designate housing access voucher local 41 administrators in the state to make vouchers available to such individ- 42 uals and families and to administer other aspects of the program in 43 accordance with the provisions of this article. 44 § 608. Eligibility. The commissioner shall promulgate standards for 45 determining eligibility for assistance under this program. Individuals 46 and families who meet the standards shall be eligible regardless of 47 immigration status. Eligibility shall be limited to individuals and 48 families who are homeless or facing imminent loss of housing. Housing 49 access voucher local administrators may rely on a certification from a 50 social services provider serving homeless individuals, including, but 51 not limited to, homeless shelters to determine whether an applicant 52 qualifies as a homeless individual or family. 53 1. An individual or family shall be eligible for this program if they 54 are homeless or facing imminent loss of housing and have an income of no 55 more than fifty percent of the area median income, as defined by the 56 United States department of housing and urban development.A. 3006--B 59 1 2. An individual or family in receipt of rental assistance pursuant to 2 this program shall be no longer financially eligible for such assistance 3 under this program when thirty percent of the individual's or family's 4 adjusted income is greater than or equal to the total rent for the 5 dwelling unit. 6 3. When an individual or family becomes financially ineligible for 7 rental assistance under this program pursuant to subdivision two of this 8 section, the individual or family shall retain rental assistance for a 9 period no shorter than one year, subject to appropriation of funds for 10 this purpose. 11 4. Income eligibility shall be verified prior to a housing access 12 voucher local administrator's initial determination to provide rental 13 assistance for this program and upon determination of such eligibility, 14 an individual or family shall annually certify their income for the 15 purpose of determining continued eligibility and any adjustments to such 16 rental assistance. 17 5. The commissioner may collaborate with the office of temporary and 18 disability assistance and other state and city agencies to allow a hous- 19 ing access voucher local administrator to access income information for 20 the purpose of determining an individual's or family's initial and 21 continued eligibility for the program. 22 6. Reviews of income shall be made no less frequently than annually. 23 § 609. Funding allocation and distribution. 1. Subject to appropri- 24 ation, funding shall be allocated by the commissioner in each county 25 except for those counties located within the city of New York, the 26 initial allocation shall be in proportion to the number of households in 27 each county or the city of New York who are severely rent burdened based 28 on data published by the United States census bureau. Funding for coun- 29 ties located within the city of New York shall be allocated directly to 30 the New York city department of housing preservation and development 31 and/or the New York city housing authority, as appropriate, in propor- 32 tion to the number of households in New York city as compared to the 33 rest of the state of New York who are severely rent burdened based on 34 data published by the United States census bureau. 35 2. The commissioner shall be responsible for distributing the funds 36 allocated in each county not located within the city of New York among 37 housing access voucher local administrators operating in each county or 38 in the city of New York. 39 3. Priority shall be given to applicants who are homeless. The commis- 40 sioner shall have the discretion to establish further priorities as 41 appropriate. 42 4. Up to ten percent of the funds allocated may be used by the commis- 43 sioner and the housing access voucher local administrator for adminis- 44 trative expenses attributable to administering the housing access vouch- 45 er program. 46 § 610. Payment of housing vouchers. The housing voucher shall be paid 47 directly to any owner under a contract between the owner of the dwelling 48 unit to be occupied by the voucher recipient and the appropriate housing 49 access voucher local administrator. The commissioner shall determine the 50 form of the housing assistance payment contract and the method of 51 payment. A housing assistance payment contract entered into pursuant to 52 this section shall establish the payment standard (including utilities 53 and all maintenance and management charges) which the owner is entitled 54 to receive for each dwelling unit with respect to which such assistance 55 payments are to be made. The payment standard shall not exceed one 56 hundred twenty percent nor be less than ninety percent of the fairA. 3006--B 60 1 market rent for the rental area in which it is located. Fair market 2 rent shall be determined pursuant to the procedures and standards as set 3 forth in the Federal Housing Choice voucher program, as set forth in the 4 applicable sections of Part 888 of Title 24 of the Code of Federal Regu- 5 lations. Fair market rent for a rental area shall be published not less 6 than annually by the commissioner and shall be made available on the 7 website of New York state homes and community renewal. 8 § 611. Leases and tenancy. Each housing assistance payment contract 9 entered into by a housing access voucher local administrator and the 10 owner of a dwelling unit shall provide: 11 1. that the lease between the tenant and the owner shall be for a term 12 of not less than one year, except that the housing access voucher local 13 administrator may approve a shorter term for an initial lease between 14 the tenant and the dwelling unit owner if the housing access voucher 15 local administrator determines that such shorter term would improve 16 housing opportunities for the tenant and if such shorter term is consid- 17 ered to be a prevailing local market practice; 18 2. that the dwelling unit owner shall offer leases to tenants assisted 19 under this article that: 20 (a) are in a standard form used in the locality by the dwelling unit 21 owner; and 22 (b) contain terms and conditions that: 23 (i) are consistent with state and local law; and 24 (ii) apply generally to tenants in the property who are not assisted 25 under this article; 26 (c) shall provide that during the term of the lease, the owner shall 27 not terminate the tenancy except for serious or repeated violation of 28 the terms and conditions of the lease, for violation of applicable state 29 or local law, or for other good cause, including, but not limited to, 30 the non-payment of the tenant's portion of the rent owed, and in the 31 case of an owner who is an immediate successor in interest pursuant to 32 foreclosure during the term of the lease vacating the property prior to 33 sale shall not constitute other good cause, except that the owner may 34 terminate the tenancy effective on the date of transfer of the unit to 35 the owner if the owner: 36 (i) will occupy the unit as a primary residence; and 37 (ii) has provided the tenant a notice to vacate at least ninety days 38 before the effective date of such notice; 39 (d) shall provide that any termination of tenancy under this section 40 shall be preceded by the provision of written notice by the owner to the 41 tenant specifying the grounds for that action, and any relief shall be 42 consistent with applicable state and local law; 43 3. that any unit under an assistance contract originated under this 44 article shall only be occupied by the individual or family designated in 45 said contract and shall be the designated individual or family's primary 46 residence. Contracts shall not be transferable between units and shall 47 not be transferable between recipients. A family or individual may 48 transfer their voucher to a different unit under a new contract pursuant 49 to this article; 50 4. that an owner shall not charge more than a reasonable rent as 51 defined in section six hundred six of this article. 52 § 612. Rental obligation. The monthly rental obligation for an indi- 53 vidual or family receiving housing assistance pursuant to the housing 54 access voucher program shall be the greater of: 55 1. thirty percent of the monthly adjusted income of the family or 56 individual; orA. 3006--B 61 1 2. If the family or individual is receiving payments for welfare 2 assistance from a public agency and a part of those payments, adjusted 3 in accordance with the actual housing costs of the family, is specif- 4 ically designated by that agency to meet the housing costs of the fami- 5 ly, the portion of those payments that is so designated. These payments 6 include, but are not limited to any shelter assistance or housing 7 assistance administered by any federal, state or local agency. 8 § 613. Monthly assistance payment. 1. The amount of the monthly 9 assistance payment with respect to any dwelling unit shall be the 10 difference between the maximum monthly rent which the contract provides 11 that the owner is to receive for the unit and the rent the individual or 12 family is required to pay under section six hundred twelve of this arti- 13 cle. 14 2. The commissioner shall establish maximum rent levels for different 15 sized rentals in each rental area in a manner that promotes the use of 16 the program in all localities based on the fair market rent of the 17 rental area. Rental areas shall be determined by the commissioner. The 18 commissioner may rely on data or other information promulgated by any 19 other state or federal agency in determining the rental areas and fair 20 market rent. 21 3. The payment standard for each size of dwelling unit in a rental 22 area shall not be less than ninety percent and shall not exceed one 23 hundred twenty percent of the fair market rent established in section 24 six hundred six of this article for the same size of dwelling unit in 25 the same rental area, except that the commissioner shall not be required 26 as a result of a reduction in the fair market rent to reduce the payment 27 standard applied to a family continuing to reside in a unit for which 28 the family was receiving assistance under this article at the time the 29 fair market rent was reduced. 30 § 614. Inspection of units. Inspection of units shall be conducted 31 pursuant to the procedures and standards of the Federal Housing Choice 32 voucher program, as set forth in the applicable sections of Part 982 of 33 Title 24 of the Code of Federal Regulations. 34 § 615. Rent. 1. The rent for dwelling units for which a housing 35 assistance payment contract is established under this article shall be 36 reasonable in comparison with rents charged for comparable dwelling 37 units in the private, unassisted local market. 38 2. A housing access voucher local administrator (or other entity, as 39 provided in section six hundred seventeen of this article) may, at the 40 request of an individual or family receiving assistance under this arti- 41 cle, assist that individual or family in negotiating a reasonable rent 42 with a dwelling unit owner. A housing access voucher local administrator 43 (or other such entity) shall review the rent for a unit under consider- 44 ation by the individual or family (and all rent increases for units 45 under lease by the individual or family) to determine whether the rent 46 (or rent increase) requested by the owner is reasonable. If a housing 47 access voucher local administrator (or other such entity) determines 48 that the rent (or rent increase) for a dwelling unit is not reasonable, 49 the housing access voucher local administrator (or other such entity) 50 shall not make housing assistance payments to the owner under this 51 subdivision with respect to that unit. 52 3. If a dwelling unit for which a housing assistance payment contract 53 is established under this article is exempt from local rent control 54 provisions during the term of that contract, the rent for that unit 55 shall be reasonable in comparison with other units in the rental area 56 that are exempt from local rent control provisions.A. 3006--B 62 1 4. Each housing access voucher local administrator shall make timely 2 payment of any amounts due to a dwelling unit owner under this section, 3 subject to appropriation of funds for this purpose. 4 § 616. Vacated units. If an assisted family vacates a dwelling unit 5 for which rental assistance is provided under a housing assistance 6 payment contract before the expiration of the term of the lease for the 7 unit, rental assistance pursuant to such contract may not be provided 8 for the unit after the month during which the unit was vacated. 9 § 617. Leasing of units owned by a housing access voucher local admin- 10 istrator. 1. If an eligible individual or family assisted under this 11 article leases a dwelling unit (other than a public housing dwelling 12 unit) that is owned by a housing access voucher local administrator 13 administering assistance to that individual or family under this 14 section, the commissioner shall require the unit of general local 15 government or another entity approved by the commissioner, to make 16 inspections required under section six hundred fourteen of this article 17 and rent determinations required under section six hundred fifteen of 18 this article. The housing access voucher local administrator shall be 19 responsible for any expenses of such inspections and determinations, 20 subject to the appropriation of funds for this purpose. 21 2. For purposes of this section, the term "owned by a housing access 22 voucher local administrator" means, with respect to a dwelling unit, 23 that the dwelling unit is in a project that is owned by such administra- 24 tor, by an entity wholly controlled by such administrator, or by a 25 limited liability company or limited partnership in which such adminis- 26 trator (or an entity wholly controlled by such administrator) holds a 27 controlling interest in the managing member or general partner. A dwell- 28 ing unit shall not be deemed to be owned by a housing access voucher 29 local administrator for purposes of this section because such adminis- 30 trator holds a fee interest as ground lessor in the property on which 31 the unit is situated, holds a security interest under a mortgage or deed 32 of trust on the unit, or holds a non-controlling interest in an entity 33 which owns the unit or in the managing member or general partner of an 34 entity which owns the unit. 35 § 618. Verification of income. The commissioner shall establish proce- 36 dures which are appropriate and necessary to assure that income data 37 provided to the housing access voucher local administrator and owners by 38 individuals and families applying for or receiving assistance under this 39 article is complete and accurate. In establishing such procedures, the 40 commissioner shall randomly, regularly, and periodically select a sample 41 of families to authorize the commissioner to obtain information on these 42 families for the purpose of income verification, or to allow those fami- 43 lies to provide such information themselves. Such information may 44 include, but is not limited to, data concerning unemployment compen- 45 sation and federal income taxation and data relating to benefits made 46 available under the social security act, 42 U.S.C. 301 et seq., the food 47 and nutrition act of 2008, 7 U.S.C. 2011 et seq., or title 38 of the 48 United States Code. Any such information received pursuant to this 49 section shall remain confidential and shall be used only for the purpose 50 of verifying incomes in order to determine eligibility of individuals 51 and families for benefits (and the amount of such benefits, if any) 52 under this article. 53 § 619. Division of an assisted family. 1. In those instances where a 54 family assisted under this article becomes divided into two otherwise 55 eligible individuals or families due to divorce, legal separation or the 56 division of the family, where such individuals or families cannot agreeA. 3006--B 63 1 as to which such individual or family should continue to receive the 2 assistance, and where there is no determination by a court, the housing 3 access voucher local administrator shall consider the following factors 4 to determine which of the individuals or families will continue to be 5 assisted: 6 (a) which of such individuals or families has custody of dependent 7 children; 8 (b) which such individual was the head of household when the voucher 9 was initially issued as listed on the initial application; 10 (c) the composition of such individuals and families and which such 11 family includes elderly or disabled members; 12 (d) whether domestic violence was involved in the breakup of such 13 family; 14 (e) which family members remain in the unit; and 15 (f) recommendations of social services professionals. 16 2. Documentation of these factors will be the responsibility of the 17 requesting parties. If documentation is not provided, the housing access 18 voucher local administrator will terminate assistance on the basis of 19 failure to provide information necessary for a recertification. 20 § 620. Maintenance of effort. Any funds made available pursuant to 21 this article shall not be used to offset or reduce the amount of funds 22 previously expended for the same or similar programs in a prior year in 23 any county or in the city of New York, but shall be used to supplement 24 any prior year's expenditures. The commissioner may grant an exception 25 to this requirement if any county, municipality, or other governmental 26 entity or public body can affirmatively show that such amount of funds 27 previously expended is in excess of the amount necessary to provide 28 assistance to all individuals and families within the area in which the 29 funds were previously expended who are homeless or facing an imminent 30 loss of housing. 31 § 621. Vouchers statewide. Notwithstanding section six hundred eleven 32 of this article, any voucher issued pursuant to this article may be used 33 for housing anywhere in the state. The commissioner shall inform voucher 34 holders that a voucher may be used anywhere in the state and, to the 35 extent practicable, the commissioner shall assist voucher holders in 36 finding housing in the area of their choice. Provided further, however, 37 that a voucher must be used in the county in which it was issued, or 38 within the city of New York, if the voucher was issued within the city 39 of New York, for no less than one year before it can be used in a 40 different jurisdiction, unless the issuing housing access voucher local 41 administrator grants a waiver, or the voucher holder, or a family member 42 thereof, is or has been the victim of domestic violence, dating 43 violence, sexual assault, or stalking. 44 § 622. Applicable codes. Housing eligible for participation in the 45 housing access voucher program shall comply with applicable state and 46 local health, housing, building and safety codes. 47 § 623. Housing choice. 1. The commissioner shall administer the hous- 48 ing access voucher program under this article to promote housing choice 49 for voucher holders. The commissioner shall affirmatively promote fair 50 housing to the extent possible under this program. 51 2. Nothing in this article shall lessen or abridge any fair housing 52 obligations promulgated by municipalities, localities, or any other 53 applicable jurisdiction. 54 § 2. This act shall take effect on the ninetieth day after it shall 55 have become a law. Effective immediately, the addition, amendment and/or 56 repeal of any rule, regulation, plan or guidance document necessary forA. 3006--B 64 1 the implementation of this act on its effective date are authorized to 2 be made and completed on or before such effective date; provided further 3 that any rule, regulation, plan or guidance document shall apply only to 4 those counties located outside of the city of New York. The New York 5 city department of housing preservation and development and the New York 6 city housing authority, as applicable, shall promulgate or release 7 rules, regulations, plans or guidance documents as necessary for the 8 implementation of this act within the city of New York. 9 PART FF 10 Section 1. The private housing finance law is amended by adding a new 11 article 32 to read as follows: 12 ARTICLE 32 13 FOUNDATIONS FOR FUTURES HOUSING PROGRAM 14 Section 1290. Foundations for futures housing program. 15 § 1290. Foundations for futures housing program. 1. Program establish- 16 ment. Within amounts appropriated or otherwise available therefor, the 17 division of housing and community renewal shall develop and administer a 18 program which shall provide assistance in the form of payments, grants 19 and loans for the formation of limited equity cooperative housing 20 utilizing funding appropriated for such a purpose as well as any other 21 funding source or sources which the commissioner may determine is suit- 22 able to support such a program. Such program may utilize state owned 23 sites, municipally owned sites, or sites owned by a not-for-profit 24 corporation or community land trust exclusively for the purpose of 25 providing housing pursuant to this section. Real property may be 26 acquired for the purpose of such program as authorized pursuant to 27 section five hundred seventy-six-a of this chapter. Such program shall 28 provide (a) housing for households up to one hundred and thirty percent 29 of area median income, (b) a process in which households shall have the 30 ability to accrue equity over time, and (c) that housing units created 31 pursuant to this section remain affordable in perpetuity. The commis- 32 sioner shall also assist prospective homebuyers to identify funding 33 sources that provide low interest loans to develop properties and 34 provide loans to prospective homebuyers. 35 2. Additional responsibilities. The division of housing and community 36 renewal shall have the power and duty to issue regulations to implement 37 such program and the process for: 38 (a) homebuyers obtaining a new unit which shall include both confirm- 39 ing income qualifications as well as a restriction on the maximum amount 40 of assets any qualified homebuyer may have; 41 (b) selling shares in the cooperative in such a way as the affordabil- 42 ity of the cooperative is maintained while allowing households to gain 43 equity over time; 44 (c) prohibiting the use of a fixed percentage appreciation cap for the 45 purposes of determining an allowable sales price for shares in the coop- 46 erative; 47 (d) selecting new households eligible to purchase housing which have 48 been vacated by a previous owner; and 49 (e) the creation of boards of directors for such limited profit hous- 50 ing companies established by this chapter, provided however that such 51 boards shall have the powers and be subject to the limitations contained 52 in the not-for-profit corporation law. 53 3. Supervision. All such housing projects shall be managed independ- 54 ently of the residents of the project by a corporation or not-for-profitA. 3006--B 65 1 corporation determined qualified by the division of housing and communi- 2 ty renewal. Any regulatory agreement that is executed for such program 3 shall include a requirement that resident maintenance fees increase by a 4 minimum percentage annually to ensure that such housing continues to be 5 in good repair. 6 4. Tax exemptions. Housing for such program shall be eligible for tax 7 exemptions in the same manner as projects under article eleven of this 8 chapter. 9 § 2. This act shall take effect immediately. 10 PART GG 11 Section 1. Subparagraphs (ii) and (iii) of paragraph a of subdivision 12 3 of section 667 of the education law, subparagraph (ii) as amended by 13 section 1 of part B of chapter 60 of the laws of 2000, subparagraph 14 (iii) as amended by section 3 of part H of chapter 58 of the laws of 15 2011, are amended to read as follows: 16 (ii) Except for students as noted in subparagraph (iii) of this para- 17 graph, the base amount as determined from subparagraph (i) of this para- 18 graph, shall be reduced in relation to income as follows: 19 Amount of income Schedule of reduction 20 of base amount 21 (A) Less than seven thousand None 22 dollars 23 (B) Seven thousand dollars or Seven per centum of excess 24 more, but less than eleven over seven thousand dollars 25 thousand dollars 26 (C) Eleven thousand dollars or Two hundred eighty dollars 27 more, but less than eighteen plus ten per centum of excess 28 thousand dollars over eleven thousand dollars 29 (D) Eighteen thousand dollars or Nine hundred eighty dollars 30 more, but not more than plus twelve per centum of 31 [eighty] one hundred excess over eighteen 32 thousand dollars thousand dollars 33 (iii) (A) For students who have been granted exclusion of parental 34 income and were single with no dependent for income tax purposes during 35 the tax year next preceding the academic year for which application is 36 made, the base amount, as determined in subparagraph (i) of this para- 37 graph, shall be reduced in relation to income as follows: 38 Amount of income Schedule of reduction 39 of base amount 40 (1) Less than three thousand None 41 dollars 42 (2) Three thousand dollars or Thirty-one per centum of 43 more, but not more than amount in excess of three 44 [ten] thirty thousand thousand dollars 45 dollars 46 (B) For those students who have been granted exclusion of parental 47 income who have a spouse but no other dependent, for income tax purposes 48 during the tax year next preceding the academic year for which applica-A. 3006--B 66 1 tion is made, the base amount, as determined in subparagraph (i) of this 2 paragraph, shall be reduced in relation to income as follows: 3 Amount of income Schedule of reduction 4 of base amount 5 (1) Less than seven thousand None 6 dollars 7 (2) Seven thousand dollars or Seven per centum of excess 8 more, but less than eleven over seven thousand dollars 9 thousand dollars 10 (3) Eleven thousand dollars or Two hundred eighty dollars 11 more, but less than eighteen plus ten per centum of excess 12 thousand dollars over eleven thousand dollars 13 (4) Eighteen thousand dollars Nine hundred eighty dollars 14 or more, but not more than plus twelve per centum of 15 [forty] sixty thousand excess over eighteen 16 dollars thousand dollars 17 § 2. This act shall take effect July 1, 2023. 18 PART HH 19 Section 1. Paragraph b of subdivision 1 and subparagraph (ii) of para- 20 graph b of subdivision 2 of section 667-c of the education law, para- 21 graph b of subdivision 1 as amended and subparagraph (ii) of paragraph b 22 of subdivision 2 as added by section 1 of part E of chapter 56 of the 23 laws of 2022, are amended to read as follows: 24 b. part-time students enrolled at a community college or a college of 25 technology in a non-degree workforce credential program directly leading 26 to the employment or advancement of a student in a "significant indus- 27 try" as identified by the department of labor in its three most recent 28 statewide significant industries reports published preceding the 29 student's enrollment in such non-degree workforce credential program. 30 The state university of New York and the city university of New York 31 shall publish and maintain a master list of all eligible non-degree 32 workforce credential program courses and update such list every semes- 33 ter. Eligible non-degree workforce credential programs shall include 34 those programs less than twelve semester hours, or the equivalent, per 35 semester. A student who successfully completes a non-degree workforce 36 credential program and receives part-time tuition assistance program 37 awards pursuant to this paragraph shall be awarded academic credit by 38 the state university of New York or city university of New York upon 39 matriculation into a degree program at such institution, provided that 40 such credit shall be equal to the corresponding credit hours earned in 41 the non-degree workforce credential program. 42 (ii) is enrolled in an approved non-degree workforce credential 43 program at a community college or a college of technology pursuant to 44 paragraph b of subdivision one of this section. 45 § 2. This act shall take effect immediately. 46 PART II 47 Section 1. The public housing law is amended by adding a new section 48 20-a to read as follows:A. 3006--B 67 1 § 20-a. Homeownership opportunity connection program. 1. The commis- 2 sioner shall establish a program to connect residents of communities 3 with below average homeownership rates and not-for-profit housing organ- 4 izations with homeownership and development opportunities. Such program 5 shall be referred to as the "homeownership opportunity connection" 6 program. Such program shall utilize all currently existing homeownership 7 assistance programs and funding provided within the state's multi-year 8 housing program. The division of housing and community renewal and the 9 state of New York mortgage agency shall work with any other state agen- 10 cies that provide such services to the targeted populations to promote 11 the availability of such programs and to identify additional not-for- 12 profit organizations to expand the areas where such programs are avail- 13 able. 14 (a) For potential homebuyers, the state of New York mortgage agency 15 shall take such actions including, but not limited to, making publicly 16 available on its website a singular and concise list containing: 17 (i) all available state and federal programs to assist with purchasing 18 a home; 19 (ii) organizations who provide homeownership counseling which shall be 20 updated annually; and 21 (iii) all participating lenders. 22 (b) For existing homeowners, the division of housing and community 23 renewal shall take such actions including, but not limited to, making 24 publicly available on its website a singular concise list containing: 25 (i) every program available to assist homeowners with making repairs; 26 and 27 (ii) contact and application information for such programs which shall 28 be updated annually. 29 (c) For existing owners of multi-family properties, the division of 30 housing and community renewal shall take such actions including, but not 31 limited to, making publicly available on its website a singular and 32 concise list containing: 33 (i) every program available to assist owners with making repairs; and 34 (ii) contact and application information for such programs which shall 35 be updated annually. 36 (d) For potential developers of multi-family properties, the division 37 of housing and community renewal shall take such actions including, but 38 not limited to, making publicly available on its website a singular and 39 concise list containing: 40 (i) every program where funding is currently available to assist with 41 development, including the term sheets and how to apply to such 42 programs, which shall be updated when the availability of funding chang- 43 es; and 44 (ii) contact and application information for such programs which shall 45 be updated annually. 46 (e) The division of housing and community renewal, in consultation 47 with the office of temporary and disability assistance, shall take such 48 actions including, but not limited to, making publicly available on its 49 website a singular and concise list containing: 50 (i) every program available to assist individuals currently experienc- 51 ing homelessness or individuals at risk of homelessness, including but 52 not limited to, the New York state rental subsidy program, and any other 53 rental supplement program as authorized by a local social services 54 district; and 55 (ii) contact and application information for such programs which shall 56 be updated annually.A. 3006--B 68 1 2. The commissioner shall identify such funds as necessary which may 2 be used to subsidize the homeownership opportunity connection program. 3 The commissioner shall further identify any not-for-profit housing 4 organizations to provide services to communities with below average 5 homeownership rates. The commissioner may, to the extent practicable, 6 allocate funds to such organizations for the explicit purpose of using 7 their membership or staff to directly seek out and notify residents 8 about the homeownership opportunity connection program and the programs 9 offered thereunder. 10 3. The commissioner's outreach efforts shall be made available to the 11 public by any means deemed appropriate by the division of housing and 12 community renewal including, but not limited to: 13 (a) social media, internet, radio, newspapers, and print advertising; 14 (b) brochures, billboards and posters; 15 (c) collaboration with schools of higher education; 16 (d) participation in, or organizing of, housing fairs; 17 (e) collaboration with community organizations or not-for-profit 18 organizations; 19 (f) collaboration with the department of state to train realtors on 20 available programs; and 21 (g) recruitment of individual volunteers to serve as visible, public 22 ambassadors to promote this message. 23 § 2. Subdivision 1 of section 20 of the public housing law, as amended 24 by section 2 of part L of chapter 36 of the laws of 2019, is amended to 25 read as follows: 26 1. The commissioner shall, on or before October first in each year, 27 beginning in nineteen hundred ninety, submit and make publicly available 28 on its website one or more reports to the governor, the temporary presi- 29 dent of the senate, the speaker of the assembly, the minority leader of 30 the senate and minority leader of the assembly on the activity and 31 implementation of the state housing assistance programs for the previous 32 fiscal year. In addition, the commissioner shall, on or before February 33 first in each year, beginning in nineteen hundred ninety-one, submit an 34 interim report which contains, in tabular format only, the non-narrative 35 data compiled through November thirtieth of each year. The commissioner 36 shall submit on or before February first, nineteen hundred ninety a 37 report for the fiscal year commencing April first, nineteen hundred 38 eighty-eight and the most up to date non-narrative data, in tabular 39 format only, but in no event less than the data compiled through Septem- 40 ber thirtieth, nineteen hundred eighty-nine. All such reports shall 41 include, but not be limited to the low income housing trust fund 42 program, the affordable home ownership development program, the urban 43 initiatives program, the rural area revitalization program, the rural 44 rental assistance program, the homeless housing and assistance program, 45 the housing opportunities program for the elderly, the state of New York 46 mortgage agency forward commitment and mortgage insurance programs, the 47 housing finance agency secured loan rental program, the turnkey/enhanced 48 housing trust fund program, the special needs housing program, the 49 permanent housing for the homeless program, the infrastructure develop- 50 ment demonstration program [and], the mobile home cooperative fund 51 program, the New York access to home program, the New York main street 52 program, the rural and urban community investment program, the New York 53 access to homes for heroes program, and the housing our neighbors with 54 dignity program. For the purpose of producing such report or reports, 55 the commissioner shall be authorized to rely on information provided by 56 each administering agency or authority. Such report or reports shall, toA. 3006--B 69 1 the extent applicable to a specific program, include but not be limited 2 to: (i) a narrative for each program reported describing the program 3 purpose, eligible applicants, eligible areas, income population to be 4 served, and limitations on funding; (ii) for each eligible applicant 5 receiving funding under the Housing Trust Fund or the Affordable Home 6 Ownership Development programs during the year specified herein, such 7 applicant's name and address, a description of the applicant's contract 8 amount, a narrative description of the specific activities performed by 9 such applicant, and the income levels of the occupants to be served by 10 the units all as proposed by the applicant at the time the contract is 11 awarded; (iii) a description of the distribution of funds for each cate- 12 gory of project funded under each program; (iv) the number of units or 13 beds under award, under contract, under construction and completed based 14 on a change in project status during the year for each program; (v) the 15 number of units or beds assisted during the year under each program; 16 (vi) the amount and type of assistance provided for such units or beds 17 placed under contract; (vii) based on total project costs, the number of 18 units or beds under contract and assisted through new construction, 19 substantial rehabilitation, moderate rehabilitation, improvements to 20 existing units or beds, and through acquisition only for each program; 21 (viii) for the number of units or beds under contract assisted through 22 new construction, substantial rehabilitation, moderate rehabilitation, 23 improvements to existing units or beds, and through acquisition only, 24 the level of state assistance expressed as a percentage of total project 25 cost; (ix) for those units and beds under contract a calculation of the 26 amount of non-state funds provided expressed as a percentage of total 27 project cost; (x) the number of units or beds completed and under award, 28 under contract and under construction for each program based on the 29 current program pipeline; (xi) for units or beds for which mortgage 30 assistance was provided by the state of New York mortgage agency, the 31 number of existing and newly constructed units; and (xii) a list, by 32 program, of units or beds assisted within each county. To the extent 33 that any law establishing or appropriating funds for any of the afore- 34 mentioned programs requires the commissioner to produce a report 35 containing data substantially similar to that required herein, this 36 report shall be deemed to satisfy such other requirements. 37 § 3. Section 2419 of the public authorities law, as amended by chapter 38 555 of the laws of 1989, is amended to read as follows: 39 § 2419. Annual report. The agency shall submit to the governor, the 40 chairman of the senate finance committee, the chairman of the assembly 41 ways and means committee, the comptroller [and], the director of the 42 budget, and make publicly available on its website within six months 43 after the end of its fiscal year, a complete and detailed report setting 44 forth: (1) its operations and accomplishments; (2) its receipts and 45 expenditures during such fiscal year in accordance with the categories 46 or classifications established by the agency for its operating and capi- 47 tal outlay purposes, including a listing of all private consultants 48 engaged by the agency on a contract basis and a statement of the total 49 amount paid to each such private consultant; (3) its assets and liabil- 50 ities at the end of its fiscal year, including a schedule of its mort- 51 gages and the status of reserve, special or other funds; (4) a schedule 52 of its bonds and notes outstanding at the end of its fiscal year, 53 together with a statement of the amounts redeemed and incurred during 54 such fiscal year; (5) a schedule of mortgages which have been insured 55 during such year and mortgages for which there exists an outstanding 56 commitment to insure and the status of the mortgage insurance fund andA. 3006--B 70 1 other funds established by the corporation; and with respect to the 2 agency's fiscal years ending after nineteen hundred eighty-five; (6) a 3 breakdown by region (as defined in subdivision nine of section two thou- 4 sand four hundred twenty-six of this title) of the average income of 5 recipients of SONYMA mortgage loans for such fiscal year, stated sepa- 6 rately for SONYMA's tax exempt and blended program and SONYMA's taxable 7 program; (7) a breakdown by region of the income distribution of recipi- 8 ents of SONYMA mortgage loans for such fiscal year, stated separately 9 for SONYMA's tax exempt and blended program and SONYMA's taxable 10 program; [and] (8) a breakdown by region of the average purchase price 11 of structures acquired with SONYMA mortgage loans for such fiscal year, 12 stated separately for SONYMA's tax exempt and blended program and 13 SONYMA's taxable program; and (9) activities undertaken to promote the 14 operations of the agency including where it's promoted and any organiza- 15 tions the agency partners with for such activities. With respect to the 16 schedule mentioned in item five hereof, such schedule shall be submitted 17 within ninety days after the end of its fiscal year and shall be submit- 18 ted to the temporary president of the senate and speaker of the assembly 19 in addition to the aforementioned officers. 20 § 4. This act shall take effect on the thirtieth day after it shall 21 have become a law. Effective immediately, the addition, amendment and/or 22 repeal of any rule or regulation necessary for the implementation of 23 this act on its effective date are authorized to be made and completed 24 on or before such effective date. 25 PART JJ 26 Section 1. Paragraph h of subdivision 2 of section 355 of the educa- 27 tion law is amended by adding a new subparagraph 4-c to read as follows: 28 (4-c) Beginning in state fiscal year two thousand twenty-three--two 29 thousand twenty-four, the state shall appropriate and make available 30 general fund operating support for the state university in an amount not 31 less than the following over the amount appropriated and made available 32 in state fiscal year two thousand twenty-two--two thousand twenty-three, 33 provided that such general fund operating support shall be in addition 34 to any support for fringe benefits: 35 (i) For state fiscal year two thousand twenty-three--two thousand 36 twenty-four, not less than one hundred million dollars. 37 (ii) For state fiscal year two thousand twenty-four--two thousand 38 twenty-five, not less than two hundred million dollars. 39 (iii) For state fiscal year two thousand twenty-five--two thousand 40 twenty-six and thereafter, not less than three hundred million dollars. 41 § 2. Section 6206 of the education law is amended by adding a new 42 subdivision 22 to read as follows: 43 22. Beginning in state fiscal year two thousand twenty-three--two 44 thousand twenty-four, the state shall appropriate and make available 45 general fund operating support for the city university in an amount not 46 less than the following over the amount appropriated and made available 47 in state fiscal year two thousand twenty-two--two thousand twenty-three, 48 provided that such general fund operating support shall be in addition 49 to any support for fringe benefits: 50 a. For state fiscal year two thousand twenty-three--two thousand twen- 51 ty-four, not less than sixty million dollars. 52 b. For state fiscal year two thousand twenty-four--two thousand twen- 53 ty-five, not less than one hundred and twenty million dollars.A. 3006--B 71 1 c. For state fiscal year two thousand twenty-five--two thousand twen- 2 ty-six and thereafter, not less than one hundred eighty million dollars. 3 § 3. This act shall take effect immediately. 4 PART KK 5 Section 1. Short title. This act shall be known and may be cited as 6 the "special joint legislative commission on affordable housing act". 7 § 2. Legislative findings and intent. The legislature hereby finds and 8 declares that New York State and its localities have made significant 9 investments in the development and preservation of affordable housing in 10 recent years, including the implementation of landmark, statewide spend- 11 ing plans targeting various types of housing and those populations most 12 in need of affordable and supportive options. While the state has made 13 progress toward achieving housing goals, additional initiatives are 14 needed to address affordable housing shortages. The purpose of this 15 commission is to examine the overall effectiveness of existing programs 16 that prioritize housing stability and the preservation and development 17 of affordable housing. This commission will also allow the legislature 18 to hear from a broad array of housing stakeholders in order to identify 19 methods to improve existing programs as well as implement new strategies 20 to increase the supply and production of affordable housing units across 21 the state. 22 § 3. Special joint legislative commission on affordable housing. 1. 23 There is hereby created in the division of housing and community renewal 24 a special joint legislative commission on affordable housing. The 25 commission shall consist of twenty-five members: (a) the chief housing 26 officer of the city of New York, or their designee; (b) eight members to 27 be appointed by the governor including (i) the commissioner of the divi- 28 sion of housing and community renewal, or their designee, (ii) the 29 commissioner of the office of temporary and disability assistance, or 30 their designee, (iii) the superintendent of the department of financial 31 services, or their designee, and (iv) five members with experience work- 32 ing with issues related to affordable housing; (c) eight members to be 33 appointed by the temporary president of the senate including (i) a 34 tenants' rights advocate with experience in providing legal services to 35 tenants, (ii) a representative of building service or construction 36 trades, (iii) a real estate trade association representative, (iv) one 37 member of the New York state senate, and (v) four members with experi- 38 ence working with issues related to affordable housing; (d) eight 39 members to be appointed by the speaker of the assembly including (i) a 40 tenants' rights advocate with experience in providing legal services to 41 tenants, (ii) a representative of building service or construction 42 trades, (iii) a real estate trade association representative, (iv) one 43 member of the New York state assembly, and (v) four members with experi- 44 ence working with issues related to affordable housing. 45 2. The commissioner of the division of housing and community renewal 46 shall serve, ex officio, as the chair of the commission. A member of 47 the senate appointed to the commission by the temporary president of the 48 senate and a member of the assembly appointed to the commission by the 49 speaker of the assembly shall be designated by each to serve as the 50 co-chairs of the commission. In appointing members to the commission, 51 appointing authorities shall ensure that such members, as a group, 52 represent diverse perspectives relevant to the duties of the commission 53 and shall represent the geographic diversity of the state.A. 3006--B 72 1 3. The members of the commission shall serve at the pleasure of their 2 appointing authority. Any vacancy that occurs in the commission shall be 3 filled in the same manner in which the original appointment was made. No 4 member of the commission shall be disqualified from holding any other 5 public office or employment, nor shall he or she forfeit any such office 6 or employment by reason of his or her appointment hereunder, notwith- 7 standing the provisions of any general, special, or local law, ordi- 8 nance, or city charter. 9 4. The members of the commission, except those who serve ex officio, 10 shall be allowed their actual and necessary expenses incurred in the 11 performance of their duties under this act but shall receive no addi- 12 tional compensation for services rendered pursuant to this act. 13 5. The commission, on call of the chair, shall meet in-person or via 14 electronic means at least monthly and at such other times as may be 15 necessary. The commission may establish rules and procedures regarding 16 conduct of its meetings and other affairs. A quorum shall be necessary 17 for the conduct of official business by the commission or any committee 18 or subcommittee thereof. Unless otherwise provided by law, fifty percent 19 or more of the appointed members of the commission or any committee, 20 when applicable, shall constitute a quorum. The commission may estab- 21 lish committees and subcommittees. 22 6. The division of housing and community renewal shall provide tech- 23 nical assistance and data to the commission as may be necessary for the 24 commission to carry out its responsibilities pursuant to this section. 25 To the maximum extent feasible, the commission shall be entitled to 26 request and receive and shall utilize and be provided with such facili- 27 ties, resources and data of any department, division, board, bureau, 28 committee, agency or public authority of the state or any political 29 subdivision thereof as it may reasonably request to properly carry out 30 its powers and duties pursuant to this act. 31 7. Appointments to the commission shall be made no later than thirty 32 days after the effective date of this act. 33 8. Any vacancy in the commission shall not affect the powers of the 34 commission, and shall be filled in the same manner as the original 35 appointment. 36 9. The commission shall meet not later than thirty days after the date 37 on which a majority of the members of the commission have been 38 appointed. 39 § 4. Definitions. As used in this act, the following terms shall have 40 the following meanings: 41 1. "Affordable housing" means a dwelling unit that does not cost-bur- 42 den an extremely low income household, a very low income household, a 43 low income household, a moderate income household, or a middle income 44 household, as the case may be. 45 2. "Low income housing" and "public housing" shall have the same mean- 46 ings given to those terms in 42 U.S.C. 1437a (b). 47 3. "Commissioner" means the commissioner of the division of housing 48 and community renewal. 49 4. "Rural" or "rural area" means any open county, or any place, town, 50 village, or city which is not part of or associated with an urban area 51 and which: 52 (a) has a population not in excess of twenty-five hundred residents; 53 (b) has a population in excess of twenty-five hundred residents but 54 not in excess of ten thousand residents if such area is rural in nature; 55 orA. 3006--B 73 1 (c) has a population in excess of ten thousand residents but not in 2 excess of twenty thousand residents, and is not contained within a stan- 3 dard metropolitan statistical area. 4 5. "Urban" or "urban area" means an area as designated by the United 5 States census bureau having a population of five thousand or more and 6 not within any urbanized area, within boundaries to be fixed by state 7 and local officials in cooperation with each other. Such boundaries 8 shall encompass, at a minimum, the entire urban area as designated by 9 the United States census bureau. 10 6. "Urbanized area" means an area with a population of fifty thousand 11 or more designated by the United States census bureau, within boundaries 12 to be fixed by state and local officials in cooperation with each other. 13 Such boundaries shall encompass, at a minimum, the entire urbanized area 14 as designated by the United States census bureau. 15 7. "Suburb" or "suburban area" means a mixed-use or residential area, 16 existing either as part of a city or urban area, or as a separate resi- 17 dential community that is not an urban area within commuting distance of 18 a city. 19 8. "Middle income household" means a household that has an income of 20 more than one hundred twenty percent of the area median income but no 21 more than one hundred sixty percent of the area median income, adjusted 22 for the size of the household, as determined by the United States 23 department of housing and urban development. 24 9. "Moderate income household" means a household income of more than 25 eighty percent of the area median income but no more than one hundred 26 twenty percent of the area median income, adjusted for the size of the 27 household, as determined by the United States department of housing and 28 urban development. 29 10. "Low income household" means a household income of more than fifty 30 percent of the area median income but no more than eighty percent of the 31 area median income, adjusted for the size of the household, as deter- 32 mined by the United States department of housing and urban development. 33 11. "Very low income household" means a household income of more than 34 thirty percent of the area median income but no more than fifty percent 35 of the area median income, adjusted for the size of the household, as 36 determined by the United States department of housing and urban develop- 37 ment. 38 12. "Extremely low income household" means income not in excess of 39 thirty percent of the area median income, adjusted for the size of the 40 household, as determined by the United States department of housing and 41 urban development. 42 § 5. Duties and responsibilities of the commission. 1. The mission of 43 the commission is to make specific recommendations to the legislature on 44 how to preserve and maintain existing affordable housing, to support the 45 development of new affordable housing in the state of New York, to 46 strengthen and grow diverse and stable communities, and to maximize the 47 impact of private, state, local and federal resources by ensuring long 48 term affordability. 49 2. The commission shall: 50 (a) evaluate and measure access to affordable housing for extremely 51 low income, very low income, low income, moderate income, and median 52 income households in urban, rural and suburban areas across the state, 53 including, but not limited to, single family homes with four units or 54 less, multiple residences, multiple dwellings, public housing accommo- 55 dations, and mobile and manufactured homes;A. 3006--B 74 1 (b) evaluate and quantify the costs incurred by other state, and local 2 programs due to a lack of affordable housing; 3 (c) evaluate and make recommendations to the legislature on how to 4 address affordable housing access for higher need populations, including 5 but not limited to people of color, veterans, persons with disabilities, 6 independent seniors, workforce and public servants, single parents and 7 kinship care, and extremely low income households; 8 (d) evaluate and make recommendations to the legislature on how to 9 address affordable housing access across the state, by geography, 10 region, size of localities, and proximity to public transportation; 11 (e) evaluate and make recommendations to the legislature on how to use 12 affordable housing to improve the effectiveness of state, and local 13 programs and improve life outcomes including, but not limited to, great- 14 er income stability, better education and physical and mental health 15 outcomes for adults and children; 16 (f) evaluate and make recommendations to the legislature on how to 17 support the development of more affordable housing, preserve existing 18 affordable housing and how to use affordable housing to improve the 19 effectiveness of state and local programs and improve life outcomes for 20 individuals living in New York; 21 (g) evaluate and make recommendations to the legislature on real prop- 22 erty tax assessments, abatement and exemption incentives to support the 23 development of more affordable housing and preserve existing affordable 24 housing, and homeowner assistance; 25 (h) evaluate and make recommendations to the legislature on eviction 26 protections, stabilizing rents, and the impact short term rentals have 27 on housing vacancy rates; 28 (i) evaluate and make recommendations to the legislature on labor and 29 worker concerns during the construction and post-construction phases of 30 affordable housing development, including wages, work-site safety, and 31 employment protections; 32 (j) evaluate and make recommendations to the legislature on zoning 33 laws and rules and land use restrictions, housing density and accessory 34 dwelling units, vacant property conversions, and transit oriented 35 affordable housing development; 36 (k) evaluate and make recommendations to the legislature on Federal 37 housing and urban development section 8 and section 9 public housing 38 programs, housing assistance vouchers and supplemental payments; 39 (l) evaluate and make recommendations to the legislature on affordable 40 homeownership opportunities, foreclosure prevention, rehabilitation and 41 restoration options, demolition and reconstruction, new construction, 42 and down payment assistance; 43 (m) evaluate and make recommendations to the legislature on fair hous- 44 ing, housing equity and inclusion, and reversing the residual effects of 45 redlining; and 46 (n) evaluate and make recommendations to the legislature on the 47 conversion of existing vacant or blighted property into affordable or 48 supportive housing. 49 3. The commission shall utilize any available survey and statistical 50 data related to the purpose of the commission to complete comprehensive 51 reports that evaluate and quantify the impact that a lack of affordable 52 housing has on current conditions and future life outcomes for individ- 53 uals living in New York, including: 54 (a) education; 55 (b) employment; 56 (c) income level;A. 3006--B 75 1 (d) disability, and physical and mental health; 2 (e) nutrition; 3 (f) access to transportation; 4 (g) the poverty level of the neighborhood in which individuals live; 5 (h) geographical location and access to public transportation; 6 (i) regional economic growth; 7 (j) home ownership; 8 (k) neighborhood and rural community stability and revitalization; and 9 (l) other areas of life and future life outcomes related to the 10 purpose of the commission necessary to complete a comprehensive report. 11 4. The commission may request and shall receive any and all informa- 12 tion from any other state or local agency the commission considers 13 necessary to carry out this act. 14 5. The commission may hold such hearings, take such testimony and 15 receive such evidence as the commission considers advisable to carry out 16 this act. The commission shall also hold at least one public hearing in 17 the city of New York and two public hearings outside of the city of New 18 York in different regions of the state. 19 6. Reports and recommendations to the legislature by the commission 20 shall be submitted to the legislature annually, the first report shall 21 be due no later than December 31, 2023. 22 § 6. This act shall take effect immediately and shall expire and be 23 deemed repealed one year after the date on which all members of the 24 commission are first appointed pursuant to section three of this act; 25 provided that the co-chairs of the commission shall jointly notify the 26 legislative bill drafting commission upon the occurrence of such 27 appointments in order that the commission may maintain an accurate and 28 timely effective data base of the official text of the laws of the state 29 of New York in furtherance of effectuating the provisions of section 44 30 of the legislative law and section 70-b of the public officers law. 31 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 32 sion, section or part of this act shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder thereof, but shall be confined in 35 its operation to the clause, sentence, paragraph, subdivision, section 36 or part thereof directly involved in the controversy in which such judg- 37 ment shall have been rendered. It is hereby declared to be the intent of 38 the legislature that this act would have been enacted even if such 39 invalid provisions had not been included herein. 40 § 3. This act shall take effect immediately provided, however, that 41 the applicable effective date of Parts A through KK of this act shall be 42 as specifically set forth in the last section of such Parts.
