Bill Text: NY A08806 | 2023-2024 | General Assembly | Amended
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to calculation of foundation aid; relates to allowable transportation expenses; directs a foundation aid formula study by the Nelson A. Rockefeller institute; relates to transportation aid under the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; establishes the New York state zero-emission bus resource center; relates to requirements under academic enhancement aid; relates to high tax aid; relates to universal prekindergarten and the Statewide universal full-day pre-kindergarten program; directs a study on consolidation of prekindergarten funding; relates to implementation of the smart schools bond act of 2014; relates to special apportionments and grants-in-aid to school districts; extends the teachers of tomorrow teacher recruitment and retention program; relates to maximum class sizes for special classes for certain students with disabilities; extends chapter 82 of the laws of 1995; extends funding a program for work force education conducted by the consortium for worker education in New York city; relates to the financing of charter schools; relates to funding for employment preparation education programs; extends the date for the submission of recommendations of a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding; extends certain provisions relating to the 1994-95 budgets; extends certain provisions relating to census reporting; provides for special apportionment for salary expenses; relates to a state subsidy for free and reduced school lunches; provides for special apportionment for public pension accruals; authorizes the Roosevelt union free school district to finance deficits by the issuance of serial bonds salary expenses; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; repeals certain provisions relating to phase-in foundation increase and foundation aid (Part A); directs the commissioner of education to establish evidence-based reading instructional best practices for students attending prekindergarten through grade three (Part B); directs the commissioner of education to require school districts to obtain documentation that the student or the parent or guardian of such student complete and submit the free application for federal student aid for such student or complete a waiver form promulgated by the department of education; requires school districts issue annual reports on students completing the FAFSA and the waiver (Part C); relates to the eligibility for restricted aid to independent colleges and universities (Part D); extends provisions of the NY-SUNY 2020 challenge grant program (Part F); extends certain provisions relating to restructuring financing for residential school placements (Part G); increases the amounts of monthly need for aged, blind and disabled persons living in the community (Part H); grants thirty minutes paid break time for an employee to express breast milk (Part J); provides for the expiration and repeal of certain provisions relating to sick leave and employee benefit requirements pursuant to a mandatory or precautionary order of quarantine or isolation due to COVID-19, on July 31, 2025 (Part M); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part N); relates to the crime of deed theft; authorizes the attorney general to prosecute crimes involving deed theft; relates to the partition of heirs property; relates to allowing transfer on death deeds (Part O); authorizes a city of one million or more to remove the cap on the floor area ratio of certain dwellings, in accordance with local zoning laws, ordinances or resolutions (Part Q); relates to the exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more; defines terms; provides that a new eligible multiple dwelling, except a hotel, shall receive a benefit of being exempt from real property taxation (Part R); establishes a program to address the legalization of specified basement and cellar dwelling units; relates to the conversion of other specified basement and cellar dwelling units in a city with a population of one million or more (Part S); defines eligible multiple dwelling under the affordable New York housing program; includes a multiple dwelling or homeownership project containing six or more dwelling units created through new construction or eligible conversion which complies with certain affordability options, and which the commencement date is after December 31, 2015 and on or before June 15, 2022, and for which the completion date is on or before June 15, 2031 in such definition (Part T); establishes the affordable neighborhoods for New Yorkers tax incentive to provide a real property tax exemption for certain rental and homeownership projects (Part U); requires the state fire prevention and building code council to conduct a study on standards for egress and to amend the New York state uniform fire prevention and building code if necessary (Part V); permits tuition assistance program awards to be made to part-time students enrolled in certain degree granting institutions chartered or authorized by the New York state board of regents (Part W); increases the income eligibility threshold for the tuition assistance program (Part X); establishes differential payment rates for child care services to be no less than ten but no greater than fifteen percent higher than the actual cost of care (Part Y); extends provisions of weekly unemployment insurance benefits for workers who are partially unemployed; authorizes the commissioner of labor to extend the implementation of an information technology system (Part Z); relates to owner liability for failure of an operator to stop for a school bus displaying a red visual signal and stop-arm; extends provisions of chapter 145 of the laws of 2019, relating to such provisions, from December 1, 2024 until December 1, 2029 (Part AA); prohibits discrimination by insurers issuing property and liability insurance covering affordable housing based upon certain factors including the income of owners or tenants and the receipt rental assistance by tenants (Part BB); requires the use of project labor agreements for large scale construction projects under the state university construction fund (Part CC); enacts the city of Dunkirk fiscal recovery act; authorizes the issuance of deficit bonds and notes not to exceed eighteen million five hundred thousand dollars for the purpose of liquidating actual deficits in its general fund, water fund, and the capital projects fund of such city; requires review of city budgets and financial reports by the state comptroller; repeals provisions after 15 years (Part DD); establishes an optional local tax exemption for affordable multi-family housing and an optional local tax exemption for newly converted or constructed fully income restricted rental multiple dwellings (Part EE); increases the amount recoverable by an owner for certain individual apartment improvements (Part FF); includes an accessory dwelling unit in the term housing accommodations in the human rights law; provides a tax exemption on the increase in value of property resulting from the addition of an accessory dwelling unit (Part GG); enacts the good cause eviction law; allows for villages, towns or cities other than the city of New York to opt-in by local law (Part HH); establishes when a landlord-tenant relationship exists, for such purposes a tenant shall not include a squatter who is a person who enters onto real property or enters a building with the intent of squatting therein, and resides without title, right or permission of the owner or owner's agent or a person entitled to possession (Part II); directs the department of housing preservation and development to develop a program to conduct annual audits of compliance with rent registration, affordability, and rent stabilization requirements under the affordable New York housing program (Part JJ); establishes New York housing for the future homeownership program and the New York housing for the future rental housing program (Part KK); creates uniform standards for processing data requests; creates a duty to send data and information to statewide databases, regarding public data maintained by county and city boards of elections (Part LL); permits the use of contiguous and non-contiguous municipal public space by certain licensees (Part MM); clarifies certain provisions of the stretch limousine passenger safety act (Part NN); establishes speed limits in cities with populations in excess of one million people by easing restrictions so cities can establish speed limits below twenty miles per hour (Part OO); enacts the reproductive freedom and equity grant program to ensure access to abortion care in the state by providing funding to abortion providers and non-profit organizations whose primary function is to facilitate access to abortion care (Part PP); relates to the computation of the final average salary in pension benefit calculations (Part QQ); reduces the rate of tax applicable to certain authorized combative sports under article 19 of the tax law from eight and one-half percent to three percent (Part RR); authorizes SUNY trustees to lease the historic windmill on the Stonybrook campus to the town of Southampton for the purpose of rehabilitating and restoring such windmill; provides that such lease shall be executed within five years of the effective date of this act (Part SS); relates to bonds issued by the New York city transitional finance authority (Part TT); relates to fare enforcement by the metropolitan transportation authority (Part UU); directs the office of children and family services to conduct a study to evaluate the feasibility of providing after school programming to every school-aged child in New York (Part VV); relates to obstructed or obscured license plates, the penalty imposed upon the operator of a vehicle with an intentionally altered or obscured license plate while on a toll highway, bridge or tunnel or in a tolled central business district; authorizes law enforcement to confiscate any such license plate covering; authorizes vehicle registration suspension for failure to comply with the removal of materials or substances altering or obscuring a license plate; authorizes public authorities with bridges, tunnels or highways under their jurisdiction to enter judgments for unpaid liabilities for a violation of toll collection regulations and enforce such judgments without court proceedings (Subpart A); relates to the payment of tolls under the tolls by mail program (Subpart B) (Part WW); provides for the administration of certain funds and accounts related to the 2024-2025 budget, authorizing certain payments and transfers; extends certain provisions of law; authorizes the issuance of certain bonds and notes; includes assets that provide a long-term interest in land in the definition of fixed assets; simplifies provisions regarding bond issuance charges; provides for the redemption price of certain revenue bonds; provides for the issuance of personal income tax revenue anticipation notes; provides for the issuance of bonds or notes for the purpose of assisting the metropolitan transportation authority in the financing of transportation facilities (Part XX); extends provisions related to the operation and administration of the legislature (Part YY); relates to school governance in the city of New York; extends provisions of law related to mayoral control in the city of New York; makes related provisions (Part ZZ); enacts the "newspaper and broadcast media jobs program"; establishes a newspaper and broadcast media jobs tax credit to provide financial support and incentives for businesses which operate as newspaper and broadcast media (Part AAA); provides for the payment of a supplemental empire state child credit (Part BBB).
Spectrum: Committee Bill
Status: (Introduced) 2024-04-19 - substituted by s8306c [A08806 Detail]
Download: New_York-2023-A08806-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 8306--C A. 8806--C SENATE - ASSEMBLY January 17, 2024 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence; to amend the education law, in relation to foundation aid; to amend the education law, in relation to allowable transportation expenses; to direct a foundation aid formula study by the Nelson A. Rockefeller institute; to amend the education law, in relation to transportation aid and the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; to amend the education law, in relation to transportation aid for zero-emission school buses and establishing the New York state zero-emission bus resource center; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal pre-kindergarten and the Statewide universal full-day pre-kindergarten program; directing a study on consolidation of pre-kindergarten funding; to amend the education law, in relation to implementation of the smart schools bond act of 2014; to amend the education law, in relation to special appor- tionments and grants-in-aid to school districts; to amend the educa- tion law, in relation to extending certain provisions of the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to maximum class sizes for special classes EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12672-05-4S. 8306--C 2 A. 8806--C for certain students with disabilities; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker educa- tion 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 educa- tion law, in relation to funding for employment preparation education programs; to amend the education law, in relation to the financing of charter schools; to amend part A of chapter 56 of the laws of 2023 directing the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding, in relation to extending the date for the submission of such recommen- dations; to amend chapter 537 of the laws of 1976 relating to paid, free and reduced price breakfast for eligible pupils in certain school districts, in relation to a state subsidy; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effectiveness thereof; to amend subpart F of part C of chapter 97 of the laws of 2011, amending the education law relating to census reporting, in relation to the effectiveness thereof; providing for special apportionment for salary expenses; providing for special apportionment for public pension accruals; to amend chapter 121 of the laws of 1996 authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to an apportionment for salary expenses; providing for set-asides from the state funds which certain districts are receiving from the total foundation aid; providing for support of public libraries; to repeal certain provisions of the education law relating to phase-in foundation increase; to repeal certain provisions of the education law relating to foundation aid; and providing for the repeal of certain provisions upon the expiration thereof (Part A); to amend the education law, in relation to establishing evidence-based reading instructional best practices for students attending prekinder- garten through grade three (Part B); to amend the education law, in relation to directing the commissioner of education to require the completion of a free application for federal student aid or a waiver of such requirement and requires school districts to issue annual reports on students completing the free application for federal student aid and the waiver (Part C); to amend the education law, in relation to eligibility for unrestricted aid to independent colleges and universities (Part D); intentionally omitted (Part E); to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof (Part F); to amend part N of chapter 56 of the laws of 2020, amending the social services law relating to restructuring financing for residential school placements, in relation to the effectiveness thereof (Part G); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part H); inten- tionally omitted (Part I); to amend the labor law, in relation to nursing employees' right to express breast milk (Part J); inten-S. 8306--C 3 A. 8806--C tionally omitted (Part K); intentionally omitted (Part L); to amend chapter 25 of the laws of 2020, relating to providing requirements for sick leave and the provision of certain employee benefits when such employee is subject to a mandatory or precautionary order of quaran- tine or isolation due to COVID-19, in relation to providing for the expiration and repeal of such provisions (Part M); to utilize reserves in the mortgage insurance fund for various housing purposes (Part N); to amend the criminal procedure law and the penal law, in relation to the crime of deed theft; to amend the executive law, in relation to authorizing the attorney general to prosecute crimes involving deed theft; to amend the real property actions and proceedings law, in relation to the partition of heirs property; and to amend the real property law, in relation to allowing transfer on death deeds (Part O); intentionally omitted (Part P); to amend the multiple dwelling law, in relation to authorizing a city of one million or more to remove the cap on the floor area ratio of certain dwellings (Part Q); to amend the labor law and the real property tax law, in relation to the exemption from real property taxation of certain multiple dwell- ings in a city having a population of one million or more (Part R); to amend the multiple dwelling law, in relation to establishing a program to address the legalization of specified basement and cellar dwelling units and the conversion of other specified basement and cellar dwell- ing units in a city with a population of one million or more (Part S); to amend the real property tax law, in relation to eligible multiple dwellings under the affordable New York housing program (Part T); to amend the real property tax law and the labor law, in relation to enacting the affordable neighborhoods for New Yorkers tax incentive (Part U); to amend the executive law, in relation to requiring the state fire prevention and building code council to study and adopt uniform fire prevention and building code standards to promote fire safety and accessibility in certain single-exit, single stairway multi-unit residential buildings; and providing for the repeal of such provisions upon the expiration thereof (Part V); to amend the educa- tion law, in relation to permitting tuition assistance program awards to be made to part-time students enrolled in certain degree granting institutions chartered or authorized by the New York state board of regents (Part W); to amend the education law, in relation to increas- ing the income eligibility threshold for the tuition assistance program (Part X); to amend the social services law, in relation to establishing differential payment rates for child care services provided by licensed, registered or enrolled child care providers (Part Y); to amend chapter 277 of the laws of 2021 amending the labor law relating to the calculation of weekly employment insurance benefits for workers who are partially unemployed, in relation to the effectiveness thereof (Part Z); to amend the vehicle and traffic law, in relation to owner liability for failure of an operator to stop for a school bus displaying a red visual signal and stop-arm; and to amend chapter 145 of the laws of 2019, amending the vehicle and traffic law relating to school bus photo violation monitoring systems and owner liability for failure of operator to stop for a school bus displaying a red visual signal, in relation to the effectiveness thereof (Part AA); to amend the insurance law, in relation to prohibiting discrimi- nation because of the affordability of residential buildings (Part BB); to amend the education law, in relation to requiring the use of project labor agreements for large scale construction projects under the state university construction fund (Part CC); relating to the cityS. 8306--C 4 A. 8806--C of Dunkirk fiscal recovery act; and providing for the repeal of such provisions upon expiration thereof (Part DD); to amend the real prop- erty tax law, in relation to establishing an optional local tax exemption for affordable multi-family housing and an optional local tax exemption for newly converted or constructed fully income restricted rental multiple dwellings (Part EE); to amend the emergency tenant protection act of nineteen seventy-four, the administrative code of the city of New York, and the emergency housing rent control law, in relation to increasing the amount recoverable by an owner for individual apartment improvements (Part FF); to amend the executive law, in relation to including an accessory dwelling unit in the term housing accommodations in the human rights law; and to amend the real property tax law, in relation to providing a tax exemption on the increase in value of property resulting from the addition of an acces- sory dwelling unit (Part GG); to amend the real property law and the real property actions and proceedings law, in relation to enacting the "good cause eviction law"; and providing for the repeal of such provisions upon the expiration thereof (Part HH); to amend the real property actions and proceedings law, in relation to further estab- lishing when a landlord-tenant relationship exists (Part II); to amend the real property tax law, in relation to directing the department of housing preservation and development to develop a program to conduct annual audits of compliance with the affordable New York housing program (Part JJ); to amend the private housing finance law, in relation to establishing the New York housing for the future homeown- ership program and the New York housing for the future rental housing program (Part KK); to amend the election law, the civil practice law and rules and the education law, in relation to regulating public data maintained by county and city boards of elections (Part LL); to amend the alcoholic beverage control law, in relation to permitting the use of contiguous and non-contiguous municipal public space by certain licensees; and to repeal chapter 238 of the laws of 2021, relating to permitting the use of municipal space for outdoor dining (Part MM); to amend the transportation law, in relation to clarifying certain provisions of the stretch limousine passenger safety act (Part NN); to amend the vehicle and traffic law, in relation to establishing speed limits in cities with populations in excess of one million people (Part OO); to amend the public health law, in relation to enacting the reproductive freedom and equity grant program (Part PP); to amend the retirement and social security law and the administrative code of the city of New York, in relation to the calculation of the final average salary for purposes of the calculation of a pension benefit (Part QQ); to amend the tax law, in relation to reducing the rate of tax applica- ble to certain authorized combative sports under article 19 thereof (Part RR); authorizing the lease of certain lands located at the State University of New York at Stony Brook (Part SS); to amend the public authorities law, in relation to bonds issued by the New York city transitional finance authority (Part TT); to amend the public authori- ties law, in relation to fare enforcement by the metropolitan trans- portation authority (Part UU); in relation to directing the office of children and family services to conduct a study to evaluate the feasi- bility of providing after school programming to every school-aged child in New York (Part VV); to amend the vehicle and traffic law, in relation to obstructed or obscured license plates and the penalty imposed upon the operator of a vehicle with an intentionally altered or obscured license plate while on a toll highway, bridge or tunnel orS. 8306--C 5 A. 8806--C in a tolled central business district; to amend the vehicle and traf- fic law, in relation to authorizing law enforcement to confiscate license plate coverings; to amend the vehicle and traffic law, in relation to authorizing vehicle registration suspension for failure to comply with the removal of materials or substances altering or obscur- ing a license plate; and to amend the public authorities law, in relation to authorizing public authorities with bridges, tunnels or highways under their jurisdiction to enter judgments for unpaid liabilities for a violation of toll collection regulations and enforce such judgments without court proceedings (Subpart A); and to amend the public authorities law, in relation to the payment of tolls under the tolls by mail program (Subpart B) (Part WW); to provide for the admin- istration of certain funds and accounts related to the 2023-2024 budg- et, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts, in relation to the effectiveness thereof, and in relation to interest owed on outstanding balances of debt; to amend part D of chapter 389 of the laws of 1997 relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds or notes; to amend the private housing finance law, in relation to hous- ing program bonds and notes; to amend the public authorities law, in relation to the issuance of bonds and notes by the dedicated highway and bridge trust fund; to amend the public authorities law, in relation to the issuance of bonds and notes for city university facil- ities; to amend the public authorities law, in relation to the issu- ance of bonds for library construction projects; to amend the public authorities law, in relation to the issuance of bonds for state university educational facilities; to amend the public authorities law, in relation to the issuance of bonds and notes for locally spon- sored community colleges; to amend chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, in relation to the issuance of mental health services facilities improvement bonds and notes; to amend part K of chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issu- ance of bonds and notes to finance capital costs related to homeland security; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds and notes for purposes of funding office of information technol- ogy services project costs; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the estab- lishment of the dedicated highway and bridge trust fund, in relation to the issuance of funds to the thruway authority; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds and notes to fund costs for statewide equipment; to amend the public authorities law, in relation to the issuance of bonds for purposes of financing environmental infrastructure projects; to amend part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds and notes for the youth facilities improve- ment fund; to amend the public authorities law, in relation to the issuance of bonds and notes for the purpose of financing peace bridge projects and capital costs of state and local highways; to amend chap- ter 174 of the laws of 1968 constituting the urban development corpo-S. 8306--C 6 A. 8806--C ration act, in relation to the issuance of bonds for economic develop- ment initiatives; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of bonds and notes for the purpose of financing capital projects for the division of military and naval affairs; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds for special education and other educational facilities; to amend the public authorities law, in relation to the issuance of bonds and notes for the purpose of financ- ing the construction of the New York state agriculture and markets food laboratory; to amend section 1 of part D of chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to higher education capital matching grants; to amend chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, in relation to including comprehensive psychiatric emergency programs and housing for mentally ill persons in the definition of mental health services facility; to amend the state finance law, in relation to the private sale of certain revenue bonds, and in relation to including assets that provide a long-term interest in land in the definition of fixed assets; to amend the public author- ities law, in relation to bond issuance charges; to amend the state finance law, in relation to the redemption price of certain revenue bonds; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of personal income tax revenue anticipation notes; to amend the public authorities law, in relation to the issuance of bonds or notes for the purpose of assisting the metropolitan transportation authority in the financing of transportation facilities; and providing for the repeal of certain provisions upon expiration thereof (Part XX); to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, in relation to extending such provisions (Part YY); to amend the education law, in relation to school governance in the city of New York; and to amend chapter 91 of the laws of 2002 amending the educa- tion law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, and chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chan- cellor, community councils and community superintendents, in relation to the effectiveness thereof (Part ZZ); to amend the economic develop- ment law, in relation to establishing the newspaper and broadcast media jobs program; and to amend the tax law, in relation to estab- lishing the newspaper and broadcast media jobs tax credit (Part AAA); and to amend the tax law, in relation to a payment of a supplemental empire state child credit (Part BBB) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state education, labor, housing and family 3 assistance budget for the 2024-2025 state fiscal year. Each component is 4 wholly contained within a Part identified as Parts A through BBB. TheS. 8306--C 7 A. 8806--C 1 effective date for each particular provision contained within such Part 2 is set forth in the last section of such Part. Any provision in any 3 section contained within a Part, including the effective date of the 4 Part, which makes a reference to a section "of this act", when used in 5 connection with that particular component, shall be deemed to mean and 6 refer to the corresponding section of the Part in which it is found. 7 Section three of this act sets forth the general effective date of this 8 act. 9 PART A 10 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 11 tion law, as amended by section 1 of part A of chapter 56 of the laws of 12 2023, is amended to read as follows: 13 e. Notwithstanding paragraphs a and b of this subdivision, a school 14 district that submitted a contract for excellence for the two thousand 15 eight--two thousand nine school year shall submit a contract for excel- 16 lence for the two thousand nine--two thousand ten school year in 17 conformity with the requirements of subparagraph (vi) of paragraph a of 18 subdivision two of this section unless all schools in the district are 19 identified as in good standing and provided further that, a school 20 district that submitted a contract for excellence for the two thousand 21 nine--two thousand ten school year, unless all schools in the district 22 are identified as in good standing, shall submit a contract for excel- 23 lence for the two thousand eleven--two thousand twelve school year which 24 shall, notwithstanding the requirements of subparagraph (vi) of para- 25 graph a of subdivision two of this section, provide for the expenditure 26 of an amount which shall be not less than the product of the amount 27 approved by the commissioner in the contract for excellence for the two 28 thousand nine--two thousand ten school year, multiplied by the 29 district's gap elimination adjustment percentage and provided further 30 that, a school district that submitted a contract for excellence for the 31 two thousand eleven--two thousand twelve school year, unless all schools 32 in the district are identified as in good standing, shall submit a 33 contract for excellence for the two thousand twelve--two thousand thir- 34 teen school year which shall, notwithstanding the requirements of 35 subparagraph (vi) of paragraph a of subdivision two of this section, 36 provide for the expenditure of an amount which shall be not less than 37 the amount approved by the commissioner in the contract for excellence 38 for the two thousand eleven--two thousand twelve school year and 39 provided further that, a school district that submitted a contract for 40 excellence for the two thousand twelve--two thousand thirteen school 41 year, unless all schools in the district are identified as in good 42 standing, shall submit a contract for excellence for the two thousand 43 thirteen--two thousand fourteen school year which shall, notwithstanding 44 the requirements of subparagraph (vi) of paragraph a of subdivision two 45 of this section, provide for the expenditure of an amount which shall be 46 not less than the amount approved by the commissioner in the contract 47 for excellence for the two thousand twelve--two thousand thirteen school 48 year and provided further that, a school district that submitted a 49 contract for excellence for the two thousand thirteen--two thousand 50 fourteen school year, unless all schools in the district are identified 51 as in good standing, shall submit a contract for excellence for the two 52 thousand fourteen--two thousand fifteen school year which shall, 53 notwithstanding the requirements of subparagraph (vi) of paragraph a of 54 subdivision two of this section, provide for the expenditure of anS. 8306--C 8 A. 8806--C 1 amount which shall be not less than the amount approved by the commis- 2 sioner in the contract for excellence for the two thousand thirteen--two 3 thousand fourteen school year; and provided further that, a school 4 district that submitted a contract for excellence for the two thousand 5 fourteen--two thousand fifteen school year, unless all schools in the 6 district are identified as in good standing, shall submit a contract for 7 excellence for the two thousand fifteen--two thousand sixteen school 8 year which shall, notwithstanding the requirements of subparagraph (vi) 9 of paragraph a of subdivision two of this section, provide for the 10 expenditure of an amount which shall be not less than the amount 11 approved by the commissioner in the contract for excellence for the two 12 thousand fourteen--two thousand fifteen school year; and provided 13 further that a school district that submitted a contract for excellence 14 for the two thousand fifteen--two thousand sixteen school year, unless 15 all schools in the district are identified as in good standing, shall 16 submit a contract for excellence for the two thousand sixteen--two thou- 17 sand seventeen school year which shall, notwithstanding the requirements 18 of subparagraph (vi) of paragraph a of subdivision two of this section, 19 provide for the expenditure of an amount which shall be not less than 20 the amount approved by the commissioner in the contract for excellence 21 for the two thousand fifteen--two thousand sixteen school year; and 22 provided further that, a school district that submitted a contract for 23 excellence for the two thousand sixteen--two thousand seventeen school 24 year, unless all schools in the district are identified as in good 25 standing, shall submit a contract for excellence for the two thousand 26 seventeen--two thousand eighteen school year which shall, notwithstand- 27 ing the requirements of subparagraph (vi) of paragraph a of subdivision 28 two of this section, provide for the expenditure of an amount which 29 shall be not less than the amount approved by the commissioner in the 30 contract for excellence for the two thousand sixteen--two thousand 31 seventeen school year; and provided further that a school district that 32 submitted a contract for excellence for the two thousand seventeen--two 33 thousand eighteen school year, unless all schools in the district are 34 identified as in good standing, shall submit a contract for excellence 35 for the two thousand eighteen--two thousand nineteen school year which 36 shall, notwithstanding the requirements of subparagraph (vi) of para- 37 graph a of subdivision two of this section, provide for the expenditure 38 of an amount which shall be not less than the amount approved by the 39 commissioner in the contract for excellence for the two thousand seven- 40 teen--two thousand eighteen school year; and provided further that, a 41 school district that submitted a contract for excellence for the two 42 thousand eighteen--two thousand nineteen school year, unless all schools 43 in the district are identified as in good standing, shall submit a 44 contract for excellence for the two thousand nineteen--two thousand 45 twenty school year which shall, notwithstanding the requirements of 46 subparagraph (vi) of paragraph a of subdivision two of this section, 47 provide for the expenditure of an amount which shall be not less than 48 the amount approved by the commissioner in the contract for excellence 49 for the two thousand eighteen--two thousand nineteen school year; and 50 provided further that, a school district that submitted a contract for 51 excellence for the two thousand nineteen--two thousand twenty school 52 year, unless all schools in the district are identified as in good 53 standing, shall submit a contract for excellence for the two thousand 54 twenty--two thousand twenty-one school year which shall, notwithstanding 55 the requirements of subparagraph (vi) of paragraph a of subdivision two 56 of this section, provide for the expenditure of an amount which shall beS. 8306--C 9 A. 8806--C 1 not less than the amount approved by the commissioner in the contract 2 for excellence for the two thousand nineteen--two thousand twenty school 3 year; and provided further that, a school district that submitted a 4 contract for excellence for the two thousand twenty--two thousand twen- 5 ty-one school year, unless all schools in the district are identified as 6 in good standing, shall submit a contract for excellence for the two 7 thousand twenty-one--two thousand twenty-two school year which shall, 8 notwithstanding the requirements of subparagraph (vi) of paragraph a of 9 subdivision two of this section, provide for the expenditure of an 10 amount which shall be not less than the amount approved by the commis- 11 sioner in the contract for excellence for the two thousand twenty--two 12 thousand twenty-one school year; and provided further that, a school 13 district that submitted a contract for excellence for the two thousand 14 twenty-one--two thousand twenty-two school year, unless all schools in 15 the district are identified as in good standing, shall submit a contract 16 for excellence for the two thousand twenty-two--two thousand twenty- 17 three school year which shall, notwithstanding the requirements of 18 subparagraph (vi) of paragraph a of subdivision two of this section, 19 provide for the expenditure of an amount which shall be not less than 20 the amount approved by the commissioner in the contract for excellence 21 for the two thousand twenty-one--two thousand twenty-two school year; 22 and provided further that, a school district that submitted a contract 23 for excellence for the two thousand twenty-two--two thousand twenty- 24 three school year, unless all schools in the district are identified as 25 in good standing, shall submit a contract for excellence for the two 26 thousand twenty-three--two thousand twenty-four school year which shall, 27 notwithstanding the requirements of subparagraph (vi) of paragraph a of 28 subdivision two of this section, provide for the expenditure of an 29 amount which shall be not less than the amount approved by the commis- 30 sioner in the contract for excellence for the two thousand twenty-two-- 31 two thousand twenty-three school year; and provided further that, a 32 school district that submitted a contract for excellence for the two 33 thousand twenty-three--two thousand twenty-four school year, unless all 34 schools in the district are identified as in good standing, shall submit 35 a contract for excellence for the two thousand twenty-four--two thousand 36 twenty-five school year which shall, notwithstanding the requirements of 37 subparagraph (vi) of paragraph a of subdivision two of this section, 38 provide for the expenditure of an amount which shall be not less than 39 the amount approved by the commissioner in the contract for excellence 40 for the two thousand twenty-three--two thousand twenty-four school year; 41 provided, however, that, in a city school district in a city having a 42 population of one million or more, notwithstanding the requirements of 43 subparagraph (vi) of paragraph a of subdivision two of this section, the 44 contract for excellence shall provide for the expenditure as set forth 45 in subparagraph (v) of paragraph a of subdivision two of this section. 46 For purposes of this paragraph, the "gap elimination adjustment percent- 47 age" shall be calculated as the sum of one minus the quotient of the sum 48 of the school district's net gap elimination adjustment for two thousand 49 ten--two thousand eleven computed pursuant to chapter fifty-three of the 50 laws of two thousand ten, making appropriations for the support of 51 government, plus the school district's gap elimination adjustment for 52 two thousand eleven--two thousand twelve as computed pursuant to chapter 53 fifty-three of the laws of two thousand eleven, making appropriations 54 for the support of the local assistance budget, including support for 55 general support for public schools, divided by the total aid for adjust- 56 ment computed pursuant to chapter fifty-three of the laws of two thou-S. 8306--C 10 A. 8806--C 1 sand eleven, making appropriations for the local assistance budget, 2 including support for general support for public schools. Provided, 3 further, that such amount shall be expended to support and maintain 4 allowable programs and activities approved in the two thousand nine--two 5 thousand ten school year or to support new or expanded allowable 6 programs and activities in the current year. 7 § 2. The opening paragraph of subdivision 4 of section 3602 of the 8 education law, as amended by section 9-b of part CCC of chapter 59 of 9 the laws of 2018, is amended to read as follows: 10 In addition to any other apportionment pursuant to this chapter, a 11 school district, other than a special act school district as defined in 12 subdivision eight of section four thousand one of this chapter, shall be 13 eligible for total foundation aid equal to the product of total aidable 14 foundation pupil units multiplied by the district's selected foundation 15 aid, which shall be the greater of five hundred dollars ($500) or foun- 16 dation formula aid[, provided, however that for the two thousand seven-17-two thousand eight through two thousand eight--two thousand nine school18years, no school district shall receive total foundation aid in excess19of the sum of the total foundation aid base for aid payable in the two20thousand seven--two thousand eight school year computed pursuant to21subparagraph (i) of paragraph j of subdivision one of this section, plus22the phase-in foundation increase computed pursuant to paragraph b of23this subdivision, and provided further that for the two thousand twelve-24-two thousand thirteen school year, no school district shall receive25total foundation aid in excess of the sum of the total foundation aid26base for aid payable in the two thousand eleven--two thousand twelve27school year computed pursuant to subparagraph (ii) of paragraph j of28subdivision one of this section, plus the phase-in foundation increase29computed pursuant to paragraph b of this subdivision, and provided30further that for the two thousand thirteen--two thousand fourteen school31year and thereafter, no school district shall receive total foundation32aid in excess of the sum of the total foundation aid base computed33pursuant to subparagraph (ii) of paragraph j of subdivision one of this34section, plus the phase-in foundation increase computed pursuant to35paragraph b of this subdivision, and provided further that for the two36thousand sixteen--two thousand seventeen school year, no eligible school37districts shall receive total foundation aid in excess of the sum of the38total foundation aid base computed pursuant to subparagraph (ii) of39paragraph j of subdivision one of this section plus the sum of (A) the40phase-in foundation increase, (B) the executive foundation increase with41a minimum increase pursuant to paragraph b-2 of this subdivision, and42(C) an amount equal to "COMMUNITY SCHOOLS AID" in the computer listing43produced by the commissioner in support of the executive budget request44for the two thousand sixteen--two thousand seventeen school year and45entitled "BT161-7", where (1) "eligible school district" shall be46defined as a district with (a) an unrestricted aid increase of less than47seven percent (0.07) and (b) a three year average free and reduced price48lunch percent greater than fifteen percent (0.15), and (2) "unrestricted49aid increase" shall mean the quotient arrived at when dividing (a) the50sum of the executive foundation aid increase plus the gap elimination51adjustment for the base year, by (b) the difference of foundation aid52for the base year less the gap elimination adjustment for the base year,53and (3) "executive foundation increase" shall mean the difference of (a)54the amounts set forth for each school district as "FOUNDATION AID" under55the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing56produced by the commissioner in support of the executive budget requestS. 8306--C 11 A. 8806--C 1for the two thousand sixteen--two thousand seventeen school year and2entitled "BT161-7" less (b) the amounts set forth for each school3district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"4in such computer listing and provided further that total foundation aid5shall not be less than the product of the total foundation aid base6computed pursuant to paragraph j of subdivision one of this section and7the due-minimum percent which shall be, for the two thousand twelve--two8thousand thirteen school year, one hundred and six-tenths percent9(1.006) and for the two thousand thirteen--two thousand fourteen school10year for city school districts of those cities having populations in11excess of one hundred twenty-five thousand and less than one million12inhabitants one hundred and one and one hundred and seventy-six thou-13sandths percent (1.01176), and for all other districts one hundred and14three-tenths percent (1.003), and for the two thousand fourteen--two15thousand fifteen school year one hundred and eighty-five hundredths16percent (1.0085), and for the two thousand fifteen--two thousand sixteen17school year, one hundred thirty-seven hundredths percent (1.0037),18subject to allocation pursuant to the provisions of subdivision eighteen19of this section and any provisions of a chapter of the laws of New York20as described therein, nor more than the product of such total foundation21aid base and one hundred fifteen percent for any school year other than22the two thousand seventeen--two thousand eighteen school year, provided,23however, that for the two thousand sixteen--two thousand seventeen24school year such maximum shall be no more than the sum of (i) the prod-25uct of such total foundation aid base and one hundred fifteen percent26plus (ii) the executive foundation increase and plus (iii) "COMMUNITY27SCHOOLS AID" in the computer listing produced by the commissioner in28support of the executive budget request for the two thousand sixteen--29two thousand seventeen school year and entitled "BT161-7" and provided30further that for the two thousand nine--two thousand ten through two31thousand eleven--two thousand twelve school years, each school district32shall receive total foundation aid in an amount equal to the amount33apportioned to such school district for the two thousand eight--two34thousand nine school year pursuant to this subdivision]. Total aidable 35 foundation pupil units shall be calculated pursuant to paragraph g of 36 subdivision two of this section. For the purposes of calculating aid 37 pursuant to this subdivision, aid for the city school district of the 38 city of New York shall be calculated on a citywide basis. 39 § 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of section 40 3602 of the education law, as amended by section 9-b of part CCC of 41 chapter 59 of the laws of 2018, are amended to read as follows: 42 (1) The foundation amount shall reflect the average per pupil cost of 43 general education instruction in successful school districts, as deter- 44 mined by a statistical analysis of the costs of special education and 45 general education in successful school districts, provided that the 46 foundation amount shall be adjusted annually to reflect the percentage 47 increase in the consumer price index as defined by paragraph hh of 48 subdivision one of this section[, provided that for the two thousand49eight--two thousand nine school year, for the purpose of such adjust-50ment, the percentage increase in the consumer price index shall be51deemed to be two and nine-tenths percent (0.029), and provided further52that the foundation amount for the two thousand seven--two thousand53eight school year shall be five thousand two hundred fifty-eight54dollars, and provided further that for the two thousand seven--two thou-55sand eight through two thousand seventeen--two thousand eighteen school56years, the foundation amount shall be further adjusted by the phase-inS. 8306--C 12 A. 8806--C 1foundation percent established pursuant to paragraph b of this subdivi-2sion], provided that for the two thousand twenty-four--two thousand 3 twenty-five school year, the percentage increase in the consumer price 4 index shall be deemed to be two and eight-tenths percent (0.028). 5 (4) The expected minimum local contribution shall equal the lesser of 6 (i) the product of (A) the quotient arrived at when the selected actual 7 valuation is divided by total wealth foundation pupil units, multiplied 8 by (B) the product of the local tax factor, multiplied by the income 9 wealth index, or (ii) the product of (A) the product of the foundation 10 amount, the regional cost index, and the pupil need index, multiplied by 11 (B) the positive difference, if any, of one minus the state sharing 12 ratio for total foundation aid. The local tax factor shall be estab- 13 lished by May first of each year by determining the product, computed to 14 four decimal places without rounding, of ninety percent multiplied by 15 the quotient of the sum of the statewide average tax rate as computed by 16 the commissioner for the current year in accordance with the provisions 17 of paragraph e of subdivision one of section thirty-six hundred nine-e 18 of this part plus the statewide average tax rate computed by the commis- 19 sioner for the base year in accordance with such provisions plus the 20 statewide average tax rate computed by the commissioner for the year 21 prior to the base year in accordance with such provisions, divided by 22 three[, provided however that for the two thousand seven--two thousand23eight school year, such local tax factor shall be sixteen thousandths24(0.016), and provided further that for the two thousand eight--two thou-25sand nine school year, such local tax factor shall be one hundred26fifty-four ten thousandths (0.0154)]. The income wealth index shall be 27 calculated pursuant to paragraph d of subdivision three of this section, 28 provided, however, that for the purposes of computing the expected mini- 29 mum local contribution the income wealth index shall not be less than 30 sixty-five percent (0.65) and shall not be more than two hundred percent 31 (2.0) [and provided however that such income wealth index shall not be32more than ninety-five percent (0.95) for the two thousand eight--two33thousand nine school year, and provided further that such income wealth34index shall not be less than zero for the two thousand thirteen--two35thousand fourteen school year]. The selected actual valuation shall be 36 calculated pursuant to paragraph c of subdivision one of this section. 37 Total wealth foundation pupil units shall be calculated pursuant to 38 paragraph h of subdivision two of this section. 39 § 4. Paragraph c of subdivision 4 of section 3602 of the education 40 law, as amended by section 9-b of part CCC of chapter 59 of the laws of 41 2018, is amended to read as follows: 42 c. Public excess cost aid setaside. Each school district shall set 43 aside from its total foundation aid computed for the current year pursu- 44 ant to this subdivision an amount equal to the product of: (i) the 45 difference between the amount the school district was eligible to 46 receive in the two thousand six--two thousand seven school year pursuant 47 to or in lieu of paragraph six of subdivision nineteen of this section 48 as such paragraph existed on June thirtieth, two thousand seven, minus 49 the amount such district was eligible to receive pursuant to or in lieu 50 of paragraph five of subdivision nineteen of this section as such para- 51 graph existed on June thirtieth, two thousand seven, in such school 52 year, and (ii) the sum of one and the percentage increase in the consum- 53 er price index for the current year over such consumer price index for 54 the two thousand six--two thousand seven school year, as defined by 55 paragraph hh of subdivision one of this section, provided that the 56 percentage increase in the consumer price index for the two thousandS. 8306--C 13 A. 8806--C 1 twenty-four--two thousand twenty-five school year over such consumer 2 price index for the two thousand six--two thousand seven school year 3 shall be deemed to be fifty-four and one-tenth percent (0.541). Notwith- 4 standing any other provision of law to the contrary, the public excess 5 cost aid setaside shall be paid pursuant to section thirty-six hundred 6 nine-b of this part. 7 § 5. Paragraph d of subdivision 4 of section 3602 of the education 8 law, as amended by section 6 of part YYY of chapter 59 of the laws of 9 2019, is amended to read as follows: 10 d. For the two thousand fourteen--two thousand fifteen through two 11 thousand [twenty-three] twenty-eight--two thousand [twenty-four] twen- 12 ty-nine school years a city school district of a city having a popu- 13 lation of one million or more may use amounts apportioned pursuant to 14 this subdivision for afterschool programs. 15 § 6. Paragraphs b, b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of 16 section 3602 of the education law are REPEALED and paragraph b-1 is 17 relettered paragraph b. 18 § 7. Paragraph k of subdivision 4 of section 3602 of the education law 19 is REPEALED. 20 § 8. The closing paragraph of subdivision 3 of section 3602 of the 21 education law, as added by section 13 of part B of chapter 57 of the 22 laws of 2007, is amended to read as follows: 23 Such result shall be expressed as a decimal carried to three places 24 without rounding, but shall not be greater than ninety hundredths nor 25 less than zero, provided, however, that for the purpose of computing the 26 state sharing ratio for total foundation aid in the two thousand twen- 27 ty-four--two thousand twenty-five school year and thereafter, such 28 result shall not be greater than ninety-one hundredths. 29 § 9. Foundation aid study. 1. The Nelson A. Rockefeller institute of 30 government of the state university of New York ("the institute") shall 31 conduct a comprehensive study of the foundation aid formula ("the 32 study"). The institute, in consultation with the state education depart- 33 ment, the division of the budget, and any other state agencies the 34 institute deems necessary, shall examine, evaluate, and recommend poten- 35 tial modifications to the calculation of foundation aid pursuant to 36 subdivision 4 of section 3602 of the education law. The institute shall 37 contract with third parties as necessary to complete the study. The 38 institute shall gather and consider feedback provided by a broad and 39 diverse range of stakeholders, including but not limited to education 40 organizations, teachers, parents, school administrators, and school 41 boards. The institute shall hold at least three public hearings across 42 the state to gather input from such stakeholders. 43 2. The results, findings, and recommendations of the study shall be 44 for study purposes only, shall not be considered binding upon the execu- 45 tive or the legislature in any manner, and shall not establish the 46 constitutional minimum cost to provide an opportunity for a sound basic 47 education. 48 3. The foundation aid formula, as modified by the recommendations of 49 the study, shall achieve the following: 50 (a) be fiscally sustainable for the state, local taxpayers, and school 51 districts; and 52 (b) calculate foundation aid payable for all school districts consist- 53 ently using only the most recent year or years of available data on 54 pupil counts, student needs, district income and property wealth, and 55 other formula components.S. 8306--C 14 A. 8806--C 1 4. The study shall evaluate each current component of the foundation 2 aid formula and recommend whether to retain, modify, or eliminate the 3 component, and may evaluate and recommend new components to add to the 4 formula. Such evaluation shall consider relevant data and research. The 5 components to be so evaluated shall include but not be limited to the 6 following: 7 (a) the foundation amount of instructional spending per pupil; 8 (b) the additional weightings for pupil needs, such as for free and 9 reduced-price lunch, census poverty, English language learners, sparsi- 10 ty, and pupils with disabilities; 11 (c) the adjustment for regional cost differences; 12 (d) the calculation of school districts' relative wealth; 13 (e) the expected minimum local contribution toward the adjusted foun- 14 dation amount; and 15 (f) the pupil counts, such as public enrollment and average daily 16 membership. 17 5. In support of its recommendations, the study shall at a minimum 18 examine the following: 19 (a) New York's overall state and local system of funding public educa- 20 tion compared to those of other states, including but not limited to the 21 methodologies and levels of funding; 22 (b) the extent to which the current calculation of the foundation 23 amount is inconsistent with current adjustments for pupil needs and 24 regional cost differences and includes costs supported by other non-lo- 25 cal revenues; 26 (c) the additional instructional costs associated with addressing the 27 needs of certain groups of students, including whether and how to prop- 28 erly weight students belonging to multiple such groups; 29 (d) the extent to which teacher salaries, other professional salaries, 30 the cost of living, and school district spending per pupil vary by 31 region; 32 (e) the formula's adjusted foundation amount compared to school 33 districts' actual spending on the costs intended to be supported by such 34 amount; 35 (f) the formula's expected minimum local contribution compared to 36 school districts' actual local contribution and fiscal capacity, includ- 37 ing but not limited to property tax levy, unexpended surplus in excess 38 of the limit established by section 1318 of the real property tax law, 39 and other potential offsets; 40 (g) the extent to which school districts' property tax rates vary by 41 districts' relative income; and 42 (h) school districts' overall financial condition, including annual 43 operating deficits or surpluses and accumulated fund balances and 44 reserves. 45 6. The institute shall submit a report of its findings and recommenda- 46 tions to the governor, the temporary president of the senate, and the 47 speaker of the assembly on or before December 1, 2024. 48 § 10. Intentionally omitted. 49 § 10-a. Paragraph d-1 of subdivision 14 of section 3602 of the educa- 50 tion law, as added by section 17-a of part B of chapter 57 of the laws 51 of 2007, is amended to read as follows: 52 d-1. For purposes of paragraph d of this subdivision, "selected oper- 53 ating aid per pupil" shall mean the apportionment computed for the 54 2006-07 school year, based on data on file with the commissioner as of 55 the date upon which an electronic data file was created for the purposes 56 of compliance with paragraph b of subdivision twenty-one of sectionS. 8306--C 15 A. 8806--C 1 three hundred five of this chapter on February fifteenth[, as: the prod-2uct of (i) the state sharing ratio calculated pursuant to paragraph g of3subdivision three of this section and (ii) the sum of $3,900 and the4product of (a) the lesser of $8,000 or the expense per pupil as defined5in subdivision one of this section minus $3,900 and (b) the greater of6the quotient, computed to four decimals without rounding, of .0757divided by the school district combined wealth ratio calculated pursuant8to paragraph c of subdivision three of this section or 7.5 percent, but9not less than $400, and the selected apportionment shall mean the prod-10uct of the district's total aidable pupil units calculated pursuant to11subdivision two of this section and the selected operating aid per pupil12as calculated pursuant to the provisions contained herein], provided 13 further that for school districts which reorganize on or after July 14 first, two thousand twenty-four, for purposes of paragraph d of this 15 subdivision, "selected operating aid per pupil" shall mean the total 16 foundation aid base, as defined pursuant to paragraph j of subdivision 17 one of this section, calculated as of the effective date of the reorgan- 18 ization. 19 § 11. Subparagraphs 2 and 3 of paragraph b of subdivision 6-f of 20 section 3602 of the education law, as added by section 19 of part H of 21 chapter 83 of the laws of 2002, are amended to read as follows: 22 (2) is a construction emergency project to remediate emergency situ- 23 ations which arise in public school buildings and threaten the health 24 and/or safety of building occupants, as a result of the unanticipated 25 discovery of asbestos or other hazardous substances during construction 26 work on a school or significant damage caused by a fire, snow storm, ice 27 storm, excessive rain, high winds, flood or a similar catastrophic event 28 which results in the necessity for immediate repair[; and/or29(3) if bonded pursuant to paragraph j of subdivision six of this30section, would cause a city school district in a city having a popu-31lation of less than one hundred twenty-five thousand inhabitants to32exceed ninety-five percent of its constitutional debt limit provided,33however, that any debt issued pursuant to paragraph c of section 104.0034of the local finance law shall not be included in such calculation]. 35 § 11-a. Subparagraph 9 of paragraph a of subdivision 6 of section 3602 36 of the education law, as added by chapter 617 of the laws of 2021, is 37 renumbered subparagraph 11 and a new subparagraph 12 is added to read as 38 follows: 39 (12) Notwithstanding any other provision of law to the contrary, for 40 the purpose of computation of building aid for construction, recon- 41 struction or modernizing of no more than one project by the Binghamton 42 city school district, multi-year cost allowances for the project shall 43 be established and utilized two times in the first five-year period. 44 Subsequent multi-year cost allowances shall be established no sooner 45 than ten years after establishment of the first maximum cost allowance 46 authorized pursuant to this subparagraph. 47 § 12. The opening paragraph of subdivision 2 of section 3623-a of the 48 education law, as added by chapter 474 of the laws of 1996, is amended 49 to read as follows: 50 Allowable transportation capital, debt service and lease expense shall 51 include base year expenditures [for:] as described in this subdivision, 52 net of revenue received with the express purpose of funding such expend- 53 itures as prescribed by the commissioner, except as provided in para- 54 graph d of subdivision three of this section. 55 § 13. Subdivision 3 of section 3623-a of the education law is amended 56 by adding added a new paragraph d to read as follows:S. 8306--C 16 A. 8806--C 1 d. (1) For aid payable in the two thousand twenty-four--two thousand 2 twenty-five school year and thereafter, notwithstanding any provision of 3 law to the contrary, approved transportation capital, debt service, and 4 lease expenses for apportionments to school districts under subdivision 5 seven of section thirty-six hundred two of this article shall include 6 the final value of any vouchers paid on behalf of a school district, 7 payments, and grants authorized pursuant to section 58-0701 of the envi- 8 ronmental conservation law for costs associated with the purchase of or 9 conversion to zero-emission school buses and supporting infrastructure. 10 (2) In the case of allowable expenses for transportation capital, debt 11 service, or leases which are related to costs associated with the 12 purchase of or conversion to zero-emission school buses and supporting 13 infrastructure and which are supported in whole or in part by vouchers, 14 payments, or grants authorized under section 58-0701 of the environ- 15 mental conservation law, such allowable expenses at the time in which 16 the expense is claimed for aid shall not exceed the sum of (i) the prod- 17 uct of the transportation aid ratio calculated pursuant to subdivision 18 seven of section thirty-six hundred two of this article multiplied by 19 allowable expenses, plus (ii) the final value of any such vouchers paid 20 on behalf of a school district, payments, and grants authorized under 21 section 58-0701 of the environmental conservation law. 22 (3) The entity authorized to provide state assistance payments or 23 grants pursuant to subdivision two of section 58-0703 of the environ- 24 mental conservation law shall provide to the commissioner a list of 25 grants awarded and payments to each school district or vouchers paid on 26 behalf of a school district for the purchase of or conversion to zero- 27 emission school buses and supporting infrastructure no later than one 28 month prior to the end of each calendar year and each school year. This 29 list shall include the type and number of zero-emission school buses to 30 be funded by these payments or grants, the supporting infrastructure to 31 be funded by these payments or grants, the award amounts of each payment 32 or grant, the direct recipient of each payment or grant, the district 33 receiving such payment or grant or that benefitted from such voucher, 34 the date on which the payment or grant was received, and any other 35 information necessary for the calculation of aid pursuant to subdivision 36 seven of section thirty-six hundred two of this article. 37 § 13-a. Subdivision 4 of section 3627 of the education law, as amended 38 by section 18-a of part A of chapter 56 of the laws of 2023, is amended 39 to read as follows: 40 4. Notwithstanding any other provision of law to the contrary, any 41 expenditures for transportation provided pursuant to this section in the 42 two thousand thirteen--two thousand fourteen school year and thereafter 43 and otherwise eligible for transportation aid pursuant to subdivision 44 seven of section thirty-six hundred two of this article shall be consid- 45 ered approved transportation expenses eligible for transportation aid, 46 provided further that for the two thousand thirteen--two thousand four- 47 teen school year such aid shall be limited to eight million one hundred 48 thousand dollars and for the two thousand fourteen--two thousand fifteen 49 school year such aid shall be limited to the sum of twelve million six 50 hundred thousand dollars plus the base amount and for the two thousand 51 fifteen--two thousand sixteen school year through two thousand eigh- 52 teen--two thousand nineteen school year such aid shall be limited to the 53 sum of eighteen million eight hundred fifty thousand dollars plus the 54 base amount and for the two thousand nineteen--two thousand twenty 55 school year such aid shall be limited to the sum of nineteen million 56 three hundred fifty thousand dollars plus the base amount and for theS. 8306--C 17 A. 8806--C 1 two thousand twenty--two thousand twenty-one school year such aid shall 2 be limited to the sum of nineteen million eight hundred fifty thousand 3 dollars plus the base amount and for the two thousand twenty-two--two 4 thousand twenty-three school year such aid shall be limited to the sum 5 of twenty-two million three hundred fifty thousand dollars plus the base 6 amount and for the two thousand twenty-three--two thousand twenty-four 7 school year [and thereafter] such aid shall be limited to the sum of 8 twenty-four million eight hundred fifty thousand dollars plus the base 9 amount and for the two thousand twenty-four--two thousand twenty-five 10 school year and thereafter such aid shall be limited to the sum of twen- 11 ty-nine million eight hundred fifty thousand dollars plus the base 12 amount. For purposes of this subdivision, "base amount" means the 13 amount of transportation aid paid to the school district for expendi- 14 tures incurred in the two thousand twelve--two thousand thirteen school 15 year for transportation that would have been eligible for aid pursuant 16 to this section had this section been in effect in such school year, 17 except that subdivision six of this section shall be deemed not to have 18 been in effect. And provided further that the school district shall 19 continue to annually expend for the transportation described in subdivi- 20 sion one of this section at least the expenditures used for the base 21 amount. 22 § 13-b. New York state zero-emission school bus resource center. There 23 shall be established within the New York state energy research and 24 development authority a center to be known as the "New York state zero- 25 emission school bus resource center". Such center shall provide informa- 26 tion for school districts regarding the transition to zero-emission 27 school buses pursuant to section 3638 of the education law and shall 28 serve as a point of contact for questions and concerns from school 29 districts, including those that may require referral or consultation 30 with other agencies. The New York state energy research and development 31 authority may partner with other departments and agencies to produce 32 guidance and instructional materials, regularly updated as needed, in 33 response to frequently asked inquiries and issues from school districts. 34 The New York state energy research and development authority shall main- 35 tain a dedicated webpage containing information for the public and 36 school districts regarding the transition to zero-emission school buses, 37 including guidance, instructional materials, funding opportunities, and 38 any other relevant documents or forms, and such webpage shall include 39 electronic and telephone contact information of the New York state zero- 40 emission school bus resource center. 41 § 14. Paragraph i of subdivision 12 of section 3602 of the education 42 law, as amended by section 10 of part A of chapter 56 of the laws of 43 2023, is amended to read as follows: 44 i. For the two thousand twenty-one--two thousand twenty-two school 45 year through the two thousand [twenty-three] twenty-four--two thousand 46 [twenty-four] twenty-five school year, each school district shall be 47 entitled to an apportionment equal to the amount set forth for such 48 school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21 49 ESTIMATED AIDS" in the school aid computer listing produced by the 50 commissioner in support of the budget for the two thousand twenty--two 51 thousand twenty-one school year and entitled "SA202-1", and such appor- 52 tionment shall be deemed to satisfy the state obligation to provide an 53 apportionment pursuant to subdivision eight of section thirty-six 54 hundred forty-one of this article.S. 8306--C 18 A. 8806--C 1 § 15. The opening paragraph of subdivision 16 of section 3602 of the 2 education law, as amended by section 11 of part A of chapter 56 of the 3 laws of 2023, is amended to read as follows: 4 Each school district shall be eligible to receive a high tax aid 5 apportionment in the two thousand eight--two thousand nine school year, 6 which shall equal the greater of (i) the sum of the tier 1 high tax aid 7 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 8 tax aid apportionment or (ii) the product of the apportionment received 9 by the school district pursuant to this subdivision in the two thousand 10 seven--two thousand eight school year, multiplied by the due-minimum 11 factor, which shall equal, for districts with an alternate pupil wealth 12 ratio computed pursuant to paragraph b of subdivision three of this 13 section that is less than two, seventy percent (0.70), and for all other 14 districts, fifty percent (0.50). Each school district shall be eligible 15 to receive a high tax aid apportionment in the two thousand nine--two 16 thousand ten through two thousand twelve--two thousand thirteen school 17 years in the amount set forth for such school district as "HIGH TAX AID" 18 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 19 listing produced by the commissioner in support of the budget for the 20 two thousand nine--two thousand ten school year and entitled "SA0910". 21 Each school district shall be eligible to receive a high tax aid appor- 22 tionment in the two thousand thirteen--two thousand fourteen through two 23 thousand [twenty-three] twenty-four--two thousand [twenty-four] twenty- 24 five school year equal to the greater of (1) the amount set forth for 25 such school district as "HIGH TAX AID" under the heading "2008-09 BASE 26 YEAR AIDS" in the school aid computer listing produced by the commis- 27 sioner in support of the budget for the two thousand nine--two thousand 28 ten school year and entitled "SA0910" or (2) the amount set forth for 29 such school district as "HIGH TAX AID" under the heading "2013-14 ESTI- 30 MATED AIDS" in the school aid computer listing produced by the commis- 31 sioner in support of the executive budget for the 2013-14 fiscal year 32 and entitled "BT131-4". 33 § 16. Paragraph d of subdivision 10 of section 3602-e of the education 34 law, as amended by section 23-c of part A of chapter 56 of the laws of 35 2021, is amended to read as follows: 36 d. Notwithstanding any other provision of this section, apportionments 37 under this section greater than the amounts provided in the two thousand 38 sixteen--two thousand seventeen school year shall only be used to 39 supplement and not supplant current local expenditures of [state or] 40 local funds on prekindergarten programs and the number of eligible full- 41 day four-year-old prekindergarten pupils and eligible full-day three- 42 year-old prekindergarten pupils in such programs from such sources. 43 Current local expenditures shall include any local expenditures of 44 [state or] local funds used to supplement or extend services provided 45 directly or via contract to eligible children enrolled in a universal 46 prekindergarten program pursuant to this section. 47 § 17. Subdivision 13 of section 3602-ee of the education law, as added 48 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to 49 read as follows: 50 13. Apportionments under this section shall only be used to supplement 51 and not supplant current local expenditures of federal[, state] or local 52 funds on pre-kindergarten programs and the number of slots in such 53 programs from such sources. Current local expenditures shall include any 54 local expenditures of federal[, state] or local funds used to supplement 55 or extend services provided directly or via contract to eligible chil-S. 8306--C 19 A. 8806--C 1 dren enrolled in a universal pre-kindergarten program pursuant to 2 section thirty-six hundred two-e of this part. 3 § 17-a. 1. The commissioner of education is hereby authorized and 4 directed to conduct a study on the consolidation of all of the pre-kin- 5 dergarten funding streams and to make recommendations on potential 6 modifications to streamline the universal pre-kindergarten funding proc- 7 ess and programmatic implementation. The scope of such study shall 8 include, but shall not be limited to: 9 (a) barriers to consolidation, including discrepancies in funding 10 streams, oversight, and administration; 11 (b) programmatic differences and methods of alignment; and 12 (c) differences in payment schedules. 13 2. The education department shall report its findings, including any 14 recommendations for legislative action as it may deem necessary and 15 appropriate, to the governor, the temporary president of the senate, and 16 the speaker of the assembly no later than December 1, 2024. 17 § 18. Subdivision 16 of section 3602-ee of the education law, as 18 amended by section 16 of part A of chapter 56 of the laws of 2023, is 19 amended to read as follows: 20 16. The authority of the department to administer the universal full- 21 day pre-kindergarten program shall expire June thirtieth, two thousand 22 [twenty-four] twenty-five; provided that the program shall continue and 23 remain in full effect. 24 § 19. Paragraphs a and b of subdivision 16 of section 3641 of the 25 education law, as added by section 2 of part C of chapter 56 of the laws 26 of 2014, subparagraph 3 of paragraph b as amended by section 3 of part 27 YYY of chapter 59 of the laws of 2017, are amended to read as follows: 28 a. Definitions. The following terms, whenever used or referred to in 29 this subdivision, unless the context indicates otherwise, shall have the 30 following meanings: 31 (1) "Bonds" shall mean general obligation bonds issued pursuant to the 32 "smart schools bond act of 2014" in accordance with article VII of the 33 New York state constitution and article five of the state finance law. 34 [(2) "Smart schools review board" shall mean a body comprised of the35chancellor of the state university of New York, the director of the36budget, and the commissioner, or their respective designees.37(3)] (2) "Smart schools investment plan" shall mean a document 38 prepared by a school district setting forth the smart schools project or 39 projects to be undertaken with such district's smart schools allocation. 40 [(4)] (3) "Smart schools project" shall mean a capital project as set 41 forth and defined in subparagraphs four, five, six[,] or seven [or42eight] of this paragraph. 43 [(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU) 44 replacement project" shall mean a capital project which, as a primary 45 purpose, expands the availability of adequate and appropriate instruc- 46 tional space for pre-kindergarten or provides for the expansion or 47 construction of adequate and appropriate instructional space to replace 48 TCUs. 49 [(6)] (5) "Community connectivity project" shall mean a capital 50 project which, as a primary purpose, expands high-speed broadband or 51 wireless internet connectivity in the local community, including school 52 buildings and campuses, for enhanced educational opportunity in the 53 state. 54 [(7)] (6) "Classroom technology project" shall mean a capital project 55 to expand high-speed broadband or wireless internet connectivity solely 56 for school buildings and campuses, or to acquire learning technologyS. 8306--C 20 A. 8806--C 1 hardware for schools, classrooms, and student use, including but not 2 limited to whiteboards, computer servers, desktop computers, laptop 3 computers, and tablet computers. 4 [(8)] (7) "School safety and security technology project" shall mean a 5 capital project to install high-tech security features in school build- 6 ings and on school campuses, including but not limited to video surveil- 7 lance, emergency notification systems and physical access controls, for 8 enhanced educational opportunity in the state. 9 [(9)] (8) "Selected school aid" shall mean the sum of the amounts set 10 forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL 11 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE & 12 TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL 13 SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL", 14 "ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS 15 COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid 16 computer listing produced by the commissioner in support of the execu- 17 tive budget proposal for the two thousand fourteen-fifteen school year. 18 [(10)] (9) "Smart schools allocation" shall mean, for each school 19 district, the product of (i) two billion dollars ($2,000,000,000) multi- 20 plied by (ii) the quotient of such school district's selected school aid 21 divided by the total selected school aid to all school districts. 22 b. Smart schools investment plans. (1) [The smart schools review23board] Subject to the approval of the director of the budget, the 24 commissioner shall issue guidelines setting forth required components 25 and eligibility criteria for smart schools investment plans to be 26 submitted by school districts. Such guidelines shall include but not be 27 limited to: (i) a timeline for school district submission of smart 28 schools investment plans; (ii) any requirements for the use of available 29 state procurement options where applicable; (iii) any limitations on the 30 amount of a district's smart schools allocation that may be used for 31 assets with a short probable life; and (iv) the loan of smart schools 32 classroom technology pursuant to section seven hundred fifty-five of 33 this chapter. 34 (2) No school district shall be entitled to a smart schools grant 35 until such district shall have submitted a smart schools investment plan 36 to the [smart schools review board] department and received [such37board's] the commissioner's approval of such investment plan. In devel- 38 oping such investment plan, school districts shall consult with parents, 39 teachers, students, community members and other stakeholders. 40 (3) The [smart schools review board] commissioner shall review all 41 smart schools investment plans for compliance with all eligibility 42 criteria and other requirements set forth in the guidelines. The [smart43schools review board] commissioner may approve or reject such plans, or 44 may return such plans to the school district for modifications; provided 45 that notwithstanding any inconsistent provision of law, the [smart46schools review board] commissioner shall approve no such plan first 47 submitted to the department on or after April fifteenth, two thousand 48 seventeen, unless such plan calculates the amount of classroom technolo- 49 gy to be loaned to students attending nonpublic schools pursuant to 50 section seven hundred fifty-five of this chapter in a manner that 51 includes the amount budgeted by the school district for servers, wire- 52 less access points and other portable connectivity devices to be 53 acquired as part of a school connectivity project. Upon approval, the 54 smart schools project or projects described in the investment plan shall 55 be eligible for smart schools grants. A smart schools project included 56 in a school district's smart schools investment plan shall not requireS. 8306--C 21 A. 8806--C 1 separate approval of the commissioner unless it is part of a school 2 construction project required to be submitted for approval of the 3 commissioner pursuant to section four hundred eight of this chapter 4 and/or subdivision six of section thirty-six hundred two of this arti- 5 cle. Any department, agency or public authority shall provide the [smart6schools review board] department with any information it requires to 7 fulfill its duties pursuant to this subdivision. 8 (4) Any amendments or supplements to a smart schools investment plan 9 shall be submitted to the [smart schools review board] department for 10 approval, and shall not take effect until such approval is granted. 11 § 20. Intentionally omitted. 12 § 21. Intentionally omitted. 13 § 22. Intentionally omitted. 14 § 23. The opening paragraph of section 3609-a of the education law, as 15 amended by section 18 of part A of chapter 56 of the laws of 2023, is 16 amended to read as follows: 17 For aid payable in the two thousand seven--two thousand eight school 18 year through the two thousand [twenty-three] twenty-four--two thousand 19 [twenty-four] twenty-five school year, "moneys apportioned" shall mean 20 the lesser of (i) the sum of one hundred percent of the respective 21 amount set forth for each school district as payable pursuant to this 22 section in the school aid computer listing for the current year produced 23 by the commissioner in support of the budget which includes the appro- 24 priation for the general support for public schools for the prescribed 25 payments and individualized payments due prior to April first for the 26 current year plus the apportionment payable during the current school 27 year pursuant to subdivision six-a and subdivision fifteen of section 28 thirty-six hundred two of this part minus any reductions to current year 29 aids pursuant to subdivision seven of section thirty-six hundred four of 30 this part or any deduction from apportionment payable pursuant to this 31 chapter for collection of a school district basic contribution as 32 defined in subdivision eight of section forty-four hundred one of this 33 chapter, less any grants provided pursuant to subparagraph two-a of 34 paragraph b of subdivision four of section ninety-two-c of the state 35 finance law, less any grants provided pursuant to subdivision five of 36 section ninety-seven-nnnn of the state finance law, less any grants 37 provided pursuant to subdivision twelve of section thirty-six hundred 38 forty-one of this article, or (ii) the apportionment calculated by the 39 commissioner based on data on file at the time the payment is processed; 40 provided however, that for the purposes of any payments made pursuant to 41 this section prior to the first business day of June of the current 42 year, moneys apportioned shall not include any aids payable pursuant to 43 subdivisions six and fourteen, if applicable, of section thirty-six 44 hundred two of this part as current year aid for debt service on bond 45 anticipation notes and/or bonds first issued in the current year or any 46 aids payable for full-day kindergarten for the current year pursuant to 47 subdivision nine of section thirty-six hundred two of this part. The 48 definitions of "base year" and "current year" as set forth in subdivi- 49 sion one of section thirty-six hundred two of this part shall apply to 50 this section. For aid payable in the two thousand [twenty-three] twen- 51 ty-four--two thousand [twenty-four] twenty-five school year, reference 52 to such "school aid computer listing for the current year" shall mean 53 the printouts entitled ["SA232-4"] "SA242-5". 54 § 24. Paragraph b of subdivision 2 of section 3612 of the education 55 law, as amended by section 22 of part YYY of chapter 59 of the laws of 56 2019, is amended to read as follows:S. 8306--C 22 A. 8806--C 1 b. Such grants shall be awarded to school districts, within the limits 2 of funds appropriated therefor, through a competitive process that takes 3 into consideration the magnitude of any shortage of teachers in the 4 school district, the number of teachers employed in the school district 5 who hold temporary licenses to teach in the public schools of the state, 6 the number of provisionally certified teachers, the fiscal capacity and 7 geographic sparsity of the district, the number of new teachers the 8 school district intends to hire in the coming school year and the number 9 of summer in the city student internships proposed by an eligible school 10 district, if applicable. Grants provided pursuant to this section shall 11 be used only for the purposes enumerated in this section. Notwithstand- 12 ing any other provision of law to the contrary, a city school district 13 in a city having a population of one million or more inhabitants receiv- 14 ing a grant pursuant to this section may use no more than eighty percent 15 of such grant funds for any recruitment, retention and certification 16 costs associated with transitional certification of teacher candidates 17 for the school years two thousand one--two thousand two through two 18 thousand [twenty-three] twenty-eight--two thousand [twenty-four] twen- 19 ty-nine. 20 § 25. Subdivision 6 of section 4402 of the education law, as amended 21 by section 23 of part YYY of chapter 59 of the laws of 2019, is amended 22 to read as follows: 23 6. Notwithstanding any other law, rule or regulation to the contrary, 24 the board of education of a city school district with a population of 25 one hundred twenty-five thousand or more inhabitants shall be permitted 26 to establish maximum class sizes for special classes for certain 27 students with disabilities in accordance with the provisions of this 28 subdivision. For the purpose of obtaining relief from any adverse fiscal 29 impact from under-utilization of special education resources due to low 30 student attendance in special education classes at the middle and 31 secondary level as determined by the commissioner, such boards of educa- 32 tion shall, during the school years nineteen hundred ninety-five--nine- 33 ty-six through June thirtieth, two thousand [twenty-four] twenty-five, 34 be authorized to increase class sizes in special classes containing 35 students with disabilities whose age ranges are equivalent to those of 36 students in middle and secondary schools as defined by the commissioner 37 for purposes of this section by up to but not to exceed one and two 38 tenths times the applicable maximum class size specified in regulations 39 of the commissioner rounded up to the nearest whole number, provided 40 that in a city school district having a population of one million or 41 more, classes that have a maximum class size of fifteen may be increased 42 by no more than one student and provided that the projected average 43 class size shall not exceed the maximum specified in the applicable 44 regulation, provided that such authorization shall terminate on June 45 thirtieth, two thousand. Such authorization shall be granted upon filing 46 of a notice by such a board of education with the commissioner stating 47 the board's intention to increase such class sizes and a certification 48 that the board will conduct a study of attendance problems at the 49 secondary level and will implement a corrective action plan to increase 50 the rate of attendance of students in such classes to at least the rate 51 for students attending regular education classes in secondary schools of 52 the district. Such corrective action plan shall be submitted for 53 approval by the commissioner by a date during the school year in which 54 such board increases class sizes as provided pursuant to this subdivi- 55 sion to be prescribed by the commissioner. Upon at least thirty days 56 notice to the board of education, after conclusion of the school year inS. 8306--C 23 A. 8806--C 1 which such board increases class sizes as provided pursuant to this 2 subdivision, the commissioner shall be authorized to terminate such 3 authorization upon a finding that the board has failed to develop or 4 implement an approved corrective action plan. 5 § 26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 6 of 1995, amending the education law and other laws relating to state aid 7 to school districts and the appropriation of funds for the support of 8 government, as amended by section 38 of part YYY of chapter 59 of the 9 laws of 2019, are amended to read as follows: 10 (22) sections one hundred twelve, one hundred thirteen, one hundred 11 fourteen, one hundred fifteen and one hundred sixteen of this act shall 12 take effect on July 1, 1995; provided, however, that section one hundred 13 thirteen of this act shall remain in full force and effect until July 1, 14 [2024] 2025 at which time it shall be deemed repealed; 15 (24) sections one hundred eighteen through one hundred thirty of this 16 act shall be deemed to have been in full force and effect on and after 17 July 1, 1995; provided further, however, that the amendments made pursu- 18 ant to section one hundred twenty-four of this act shall be deemed to be 19 repealed on and after July 1, [2024] 2025; 20 § 27. Subdivision b of section 2 of chapter 756 of the laws of 1992, 21 relating to funding a program for work force education conducted by the 22 consortium for worker education in New York city, as amended by section 23 20 of part A of chapter 56 of the laws of 2023, is amended to read as 24 follows: 25 b. Reimbursement for programs approved in accordance with subdivision 26 a of this section for the reimbursement for the 2018--2019 school year 27 shall not exceed 59.4 percent of the lesser of such approvable costs per 28 contact hour or fourteen dollars and ninety-five cents per contact hour, 29 reimbursement for the 2019--2020 school year shall not exceed 57.7 30 percent of the lesser of such approvable costs per contact hour or 31 fifteen dollars sixty cents per contact hour, reimbursement for the 32 2020--2021 school year shall not exceed 56.9 percent of the lesser of 33 such approvable costs per contact hour or sixteen dollars and twenty- 34 five cents per contact hour, reimbursement for the 2021--2022 school 35 year shall not exceed 56.0 percent of the lesser of such approvable 36 costs per contact hour or sixteen dollars and forty cents per contact 37 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7 38 percent of the lesser of such approvable costs per contact hour or 39 sixteen dollars and sixty cents per contact hour, [and] reimbursement 40 for the 2023--2024 school year shall not exceed 54.7 percent of the 41 lesser of such approvable costs per contact hour or seventeen dollars 42 and seventy cents per contact hour, and reimbursement for the 2024--2025 43 school year shall not exceed 56.6 percent of the lesser of such approva- 44 ble costs per contact hour or eighteen dollars and seventy cents per 45 contact hour, and where a contact hour represents sixty minutes of 46 instruction services provided to an eligible adult. Notwithstanding any 47 other provision of law to the contrary, for the 2018--2019 school year 48 such contact hours shall not exceed one million four hundred sixty-three 49 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school 50 year such contact hours shall not exceed one million four hundred 51 forty-four thousand four hundred forty-four (1,444,444); for the 52 2020--2021 school year such contact hours shall not exceed one million 53 four hundred six thousand nine hundred twenty-six (1,406,926); for the 54 2021--2022 school year such contact hours shall not exceed one million 55 four hundred sixteen thousand one hundred twenty-two (1,416,122); for 56 the 2022--2023 school year such contact hours shall not exceed oneS. 8306--C 24 A. 8806--C 1 million four hundred six thousand nine hundred twenty-six (1,406,926); 2 [and] for the 2023--2024 school year such contact hours shall not exceed 3 one million three hundred forty-two thousand nine hundred seventy-five 4 (1,342,975); and for the 2024--2025 school year such contact hours shall 5 not exceed one million two hundred twenty-eight thousand seven hundred 6 thirty-three (1,228,733). Notwithstanding any other provision of law to 7 the contrary, the apportionment calculated for the city school district 8 of the city of New York pursuant to subdivision 11 of section 3602 of 9 the education law shall be computed as if such contact hours provided by 10 the consortium for worker education, not to exceed the contact hours set 11 forth herein, were eligible for aid in accordance with the provisions of 12 such subdivision 11 of section 3602 of the education law. 13 § 28. Section 4 of chapter 756 of the laws of 1992, relating to fund- 14 ing a program for work force education conducted by the consortium for 15 worker education in New York city, is amended by adding a new subdivi- 16 sion cc to read as follows: 17 cc. The provisions of this subdivision shall not apply after the 18 completion of payments for the 2024--2025 school year. Notwithstanding 19 any inconsistent provisions of law, the commissioner of education shall 20 withhold a portion of employment preparation education aid due to the 21 city school district of the city of New York to support a portion of the 22 costs of the work force education program. Such moneys shall be credited 23 to the elementary and secondary education fund-local assistance account 24 and shall not exceed thirteen million dollars ($13,000,000). 25 § 29. Section 6 of chapter 756 of the laws of 1992, relating to fund- 26 ing a program for work force education conducted by the consortium for 27 worker education in New York city, as amended by section 22 of part A of 28 chapter 56 of the laws of 2023, is amended to read as follows: 29 § 6. This act shall take effect July 1, 1992, and shall be deemed 30 repealed June 30, [2024] 2025. 31 § 29-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- 32 tion law, as amended by section 22-a of part A of chapter 56 of the laws 33 of 2023, is amended to read as follows: 34 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 35 sion, for aid payable in the school years two thousand--two thousand one 36 through two thousand nine--two thousand ten, and two thousand eleven-- 37 two thousand twelve through two thousand [twenty-three] twenty-four--two 38 thousand [twenty-four] twenty-five, the commissioner may set aside an 39 amount not to exceed two million five hundred thousand dollars from the 40 funds appropriated for purposes of this subdivision for the purpose of 41 serving persons twenty-one years of age or older who have not been 42 enrolled in any school for the preceding school year, including persons 43 who have received a high school diploma or high school equivalency 44 diploma but fail to demonstrate basic educational competencies as 45 defined in regulation by the commissioner, when measured by accepted 46 standardized tests, and who shall be eligible to attend employment prep- 47 aration education programs operated pursuant to this subdivision. 48 § 30. Paragraph (d) of subdivision 1 of section 2856 of the education 49 law, as amended by section 36-c of part A of chapter 56 of the laws of 50 2021, is amended to read as follows: 51 (d) School districts shall be eligible for an annual apportionment 52 equal to the amount of the supplemental basic tuition for the charter 53 school in the base year for the expenses incurred in the two thousand 54 fourteen--two thousand fifteen, two thousand fifteen--two thousand 55 sixteen, two thousand sixteen--two thousand seventeen school years and 56 thereafter. Provided that for expenses incurred in the two thousandS. 8306--C 25 A. 8806--C 1 twenty--two thousand twenty-one school year, for a city school district 2 in a city having a population of one million or more, the annual appor- 3 tionment shall be reduced by thirty-five million dollars ($35,000,000) 4 upon certification by the director of the budget of the availability of 5 a grant in the same amount from the elementary and secondary school 6 emergency relief funds provided through the American rescue plan act of 7 2021 (P.L. 117-2). Provided further that for expenses incurred in the 8 two thousand twenty-three--two thousand twenty-four school year, for a 9 city school district in a city having a population of one million or 10 more, the annual apportionment shall be reduced by thirty-five million 11 dollars ($35,000,000) upon certification by the director of the budget 12 of the availability of a grant in the same amount from the elementary 13 and secondary school emergency relief funds provided through the Ameri- 14 can rescue plan act of 2021 (P.L. 117-2). 15 § 31. Paragraph (c) of subdivision 1 of section 2856 of the education 16 law, as amended by section 36-d of part A of chapter 56 of the laws of 17 2021, is amended to read as follows: 18 (c) School districts shall be eligible for an annual apportionment 19 equal to the amount of the supplemental basic tuition for the charter 20 school in the base year for the expenses incurred in the two thousand 21 fourteen--two thousand fifteen, two thousand fifteen--two thousand 22 sixteen, two thousand sixteen--two thousand seventeen school years and 23 thereafter. Provided that for expenses incurred in the two thousand 24 twenty--two thousand twenty-one school year, for a city school district 25 in a city having a population of one million or more, the annual appor- 26 tionment shall be reduced by thirty-five million dollars ($35,000,000) 27 upon certification by the director of the budget of the availability of 28 a grant in the same amount from the elementary and secondary school 29 emergency relief funds provided through the American rescue plan act of 30 2021 (P.L. 117-2). Provided further that for expenses incurred in the 31 two thousand twenty-three--two thousand twenty-four school year, for a 32 city school district in a city having a population of one million or 33 more, the annual apportionment shall be reduced by thirty-five million 34 dollars ($35,000,000) upon certification by the director of the budget 35 of the availability of a grant in the same amount from the elementary 36 and secondary school emergency relief funds provided through the Ameri- 37 can rescue plan act of 2021 (P.L. 117-2). 38 § 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws 39 of 2023 directing the education department to conduct a comprehensive 40 study of alternative tuition rate-setting methodologies for approved 41 providers operating school-age and preschool programs receiving state 42 funding, is amended to read as follows: 43 3. The state education department shall present its recommendations 44 and analysis to the governor, the director of the division of the budg- 45 et, the temporary president of the senate, the speaker of the assembly, 46 the chairperson of the senate finance committee, and the chairperson of 47 the assembly ways and means committee no later than July 1, [2025] 2027. 48 Adoption of any alternative rate-setting methodologies shall be subject 49 to the approval of the director of the division of the budget. 50 § 32-a. Subdivision b of section 5 of chapter 537 of the laws of 1976 51 relating to paid, free and reduced price breakfast for eligible pupils 52 in certain school districts, as amended by section 22-b of part A of 53 chapter 56 of the laws of 2022, is amended to read as follows: 54 b. Notwithstanding any monetary limitations with respect to school 55 lunch programs contained in any law or regulation, for school lunch 56 meals served in the school year commencing July 1, 2022 and each July 1S. 8306--C 26 A. 8806--C 1 thereafter, a school food authority shall be eligible for a [lunch meal] 2 State subsidy [of twenty-five cents, which shall include any annual3State subsidy received by such school food authority under any other4provision of State law] equal to $0.1901 per free and paid school lunch 5 meal, and $0.0519 per reduced-price lunch meal, for any school lunch 6 meal served by such school food authority; provided that the school food 7 authority certifies to the Department of Agriculture and Markets through 8 the application submitted pursuant to subdivision c of this section that 9 such food authority has purchased at least thirty percent of its total 10 cost of food products for its school lunch service program from New York 11 state farmers, growers, producers or processors in the preceding school 12 year. 13 § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 14 relating to certain provisions related to the 1994-95 state operations, 15 aid to localities, capital projects and debt service budgets, as amended 16 by section 23 of part A of chapter 56 of the laws of 2022, is amended to 17 read as follows: 18 1. Sections one through seventy of this act shall be deemed to have 19 been in full force and effect as of April 1, 1994 provided, however, 20 that sections one, two, twenty-four, twenty-five and twenty-seven 21 through seventy of this act shall expire and be deemed repealed on March 22 31, 2000; provided, however, that section twenty of this act shall apply 23 only to hearings commenced prior to September 1, 1994, and provided 24 further that section twenty-six of this act shall expire and be deemed 25 repealed on March 31, 1997; and provided further that sections four 26 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 27 twenty-one-a of this act shall expire and be deemed repealed on March 28 31, 1997; and provided further that sections three, fifteen, seventeen, 29 twenty, twenty-two and twenty-three of this act shall expire and be 30 deemed repealed on March 31, [2024] 2029. 31 § 34. Section 26 of subpart F of part C of chapter 97 of the laws of 32 2011 amending the education law relating to census reporting, as amended 33 by section 46 of part YYY of chapter 59 of the laws of 2019, is amended 34 to read as follows: 35 § 26. This act shall take effect immediately provided, however, that 36 the provisions of section three of this act shall expire June 30, [2024] 37 2029 when upon such date the provisions of such section shall be deemed 38 repealed; provided, further that the provisions of sections eight, elev- 39 en, twelve, thirteen and twenty of this act shall expire July 1, 2014 40 when upon such date the provisions of such sections shall be deemed 41 repealed. 42 § 35. Special apportionment for salary expenses. 1. Notwithstanding 43 any other provision of law, upon application to the commissioner of 44 education, not sooner than the first day of the second full business 45 week of June 2025 and not later than the last day of the third full 46 business week of June 2025, a school district eligible for an apportion- 47 ment pursuant to section 3602 of the education law shall be eligible to 48 receive an apportionment pursuant to this section, for the school year 49 ending June 30, 2025, for salary expenses incurred between April 1 and 50 June 30, 2024 and such apportionment shall not exceed the sum of (a) the 51 deficit reduction assessment of 1990--1991 as determined by the commis- 52 sioner of education, pursuant to paragraph f of subdivision 1 of section 53 3602 of the education law, as in effect through June 30, 1993, plus (b) 54 186 percent of such amount for a city school district in a city with a 55 population in excess of 1,000,000 inhabitants, plus (c) 209 percent of 56 such amount for a city school district in a city with a population ofS. 8306--C 27 A. 8806--C 1 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 2 ing to the latest federal census, plus (d) the net gap elimination 3 adjustment for 2010--2011, as determined by the commissioner of educa- 4 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi- 5 nation adjustment for 2011--2012 as determined by the commissioner of 6 education pursuant to subdivision 17 of section 3602 of the education 7 law, and provided further that such apportionment shall not exceed such 8 salary expenses. Such application shall be made by a school district, 9 after the board of education or trustees have adopted a resolution to do 10 so and in the case of a city school district in a city with a population 11 in excess of 125,000 inhabitants, with the approval of the mayor of such 12 city. 13 2. The claim for an apportionment to be paid to a school district 14 pursuant to subdivision one of this section shall be submitted to the 15 commissioner of education on a form prescribed for such purpose, and 16 shall be payable upon determination by such commissioner that the form 17 has been submitted as prescribed. Such approved amounts shall be payable 18 on the same day in September of the school year following the year in 19 which application was made as funds provided pursuant to subparagraph 20 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 21 law, on the audit and warrant of the state comptroller on vouchers 22 certified or approved by the commissioner of education in the manner 23 prescribed by law from moneys in the state lottery fund and from the 24 general fund to the extent that the amount paid to a school district 25 pursuant to this section exceeds the amount, if any, due such school 26 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 27 section 3609-a of the education law in the school year following the 28 year in which application was made. 29 3. Notwithstanding the provisions of section 3609-a of the education 30 law, an amount equal to the amount paid to a school district pursuant to 31 subdivisions one and two of this section shall first be deducted from 32 the following payments due the school district during the school year 33 following the year in which application was made pursuant to subpara- 34 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 35 section 3609-a of the education law in the following order: the lottery 36 apportionment payable pursuant to subparagraph (2) of such paragraph 37 followed by the fixed fall payments payable pursuant to subparagraph (4) 38 of such paragraph and then followed by the district's payments to the 39 teachers' retirement system pursuant to subparagraph (1) of such para- 40 graph, and any remainder to be deducted from the individualized payments 41 due the district pursuant to paragraph b of such subdivision shall be 42 deducted on a chronological basis starting with the earliest payment due 43 the district. 44 § 36. Special apportionment for public pension accruals. 1. Notwith- 45 standing any other provision of law, upon application to the commission- 46 er of education, not later than June 30, 2025, a school district eligi- 47 ble for an apportionment pursuant to section 3602 of the education law 48 shall be eligible to receive an apportionment pursuant to this section, 49 for the school year ending June 30, 2025 and such apportionment shall 50 not exceed the additional accruals required to be made by school 51 districts in the 2004--2005 and 2005--2006 school years associated with 52 changes for such public pension liabilities. The amount of such addi- 53 tional accrual shall be certified to the commissioner of education by 54 the president of the board of education or the trustees or, in the case 55 of a city school district in a city with a population in excess of 56 125,000 inhabitants, the mayor of such city. Such application shall beS. 8306--C 28 A. 8806--C 1 made by a school district, after the board of education or trustees have 2 adopted a resolution to do so and in the case of a city school district 3 in a city with a population in excess of 125,000 inhabitants, with the 4 approval of the mayor of such city. 5 2. The claim for an apportionment to be paid to a school district 6 pursuant to subdivision one of this section shall be submitted to the 7 commissioner of education on a form prescribed for such purpose, and 8 shall be payable upon determination by such commissioner that the form 9 has been submitted as prescribed. Such approved amounts shall be payable 10 on the same day in September of the school year following the year in 11 which application was made as funds provided pursuant to subparagraph 12 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 13 law, on the audit and warrant of the state comptroller on vouchers 14 certified or approved by the commissioner of education in the manner 15 prescribed by law from moneys in the state lottery fund and from the 16 general fund to the extent that the amount paid to a school district 17 pursuant to this section exceeds the amount, if any, due such school 18 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 19 section 3609-a of the education law in the school year following the 20 year in which application was made. 21 3. Notwithstanding the provisions of section 3609-a of the education 22 law, an amount equal to the amount paid to a school district pursuant to 23 subdivisions one and two of this section shall first be deducted from 24 the following payments due the school district during the school year 25 following the year in which application was made pursuant to subpara- 26 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 27 section 3609-a of the education law in the following order: the lottery 28 apportionment payable pursuant to subparagraph (2) of such paragraph 29 followed by the fixed fall payments payable pursuant to subparagraph (4) 30 of such paragraph and then followed by the district's payments to the 31 teachers' retirement system pursuant to subparagraph (1) of such para- 32 graph, and any remainder to be deducted from the individualized payments 33 due the district pursuant to paragraph b of such subdivision shall be 34 deducted on a chronological basis starting with the earliest payment due 35 the district. 36 § 36-a. Subdivision a of section 5 of chapter 121 of the laws of 1996 37 authorizing the Roosevelt union free school district to finance deficits 38 by the issuance of serial bonds, as amended by section 30-a of part A of 39 chapter 56 of the laws of 2023, is amended to read as follows: 40 a. Notwithstanding any other provisions of law, upon application to 41 the commissioner of education submitted not sooner than April first and 42 not later than June thirtieth of the applicable school year, the Roose- 43 velt union free school district shall be eligible to receive an appor- 44 tionment pursuant to this chapter for salary expenses, including related 45 benefits, incurred between April first and June thirtieth of such school 46 year. Such apportionment shall not exceed: for the 1996-97 school year 47 through the [2023-24] 2024-25 school year, four million dollars 48 ($4,000,000); for the [2024-25] 2025-26 school year, three million 49 dollars ($3,000,000); for the [2025-26] 2026-27 school year, two million 50 dollars ($2,000,000); for the [2026-27] 2027-28 school year, one million 51 dollars ($1,000,000); and for the [2027-28] 2028-29 school year, zero 52 dollars. Such annual application shall be made after the board of 53 education has adopted a resolution to do so with the approval of the 54 commissioner of education.S. 8306--C 29 A. 8806--C 1 § 37. The amounts specified in this section shall be a set-aside from 2 the state funds which each such district is receiving from the total 3 foundation aid: 4 1. for the development, maintenance or expansion of magnet schools or 5 magnet school programs for the 2024--2025 school year. For the city 6 school district of the city of New York there shall be a set-aside of 7 foundation aid equal to forty-eight million one hundred seventy-five 8 thousand dollars ($48,175,000) including five hundred thousand dollars 9 ($500,000) for the Andrew Jackson High School; for the Buffalo city 10 school district, twenty-one million twenty-five thousand dollars 11 ($21,025,000); for the Rochester city school district, fifteen million 12 dollars ($15,000,000); for the Syracuse city school district, thirteen 13 million dollars ($13,000,000); for the Yonkers city school district, 14 forty-nine million five hundred thousand dollars ($49,500,000); for the 15 Newburgh city school district, four million six hundred forty-five thou- 16 sand dollars ($4,645,000); for the Poughkeepsie city school district, 17 two million four hundred seventy-five thousand dollars ($2,475,000); for 18 the Mount Vernon city school district, two million dollars ($2,000,000); 19 for the New Rochelle city school district, one million four hundred ten 20 thousand dollars ($1,410,000); for the Schenectady city school district, 21 one million eight hundred thousand dollars ($1,800,000); for the Port 22 Chester city school district, one million one hundred fifty thousand 23 dollars ($1,150,000); for the White Plains city school district, nine 24 hundred thousand dollars ($900,000); for the Niagara Falls city school 25 district, six hundred thousand dollars ($600,000); for the Albany city 26 school district, three million five hundred fifty thousand dollars 27 ($3,550,000); for the Utica city school district, two million dollars 28 ($2,000,000); for the Beacon city school district, five hundred sixty- 29 six thousand dollars ($566,000); for the Middletown city school 30 district, four hundred thousand dollars ($400,000); for the Freeport 31 union free school district, four hundred thousand dollars ($400,000); 32 for the Greenburgh central school district, three hundred thousand 33 dollars ($300,000); for the Amsterdam city school district, eight 34 hundred thousand dollars ($800,000); for the Peekskill city school 35 district, two hundred thousand dollars ($200,000); and for the Hudson 36 city school district, four hundred thousand dollars ($400,000). 37 2. Notwithstanding any inconsistent provision of law to the contrary, 38 a school district setting aside such foundation aid pursuant to this 39 section may use such set-aside funds for: (a) any instructional or 40 instructional support costs associated with the operation of a magnet 41 school; or (b) any instructional or instructional support costs associ- 42 ated with implementation of an alternative approach to promote diversity 43 and/or enhancement of the instructional program and raising of standards 44 in elementary and secondary schools of school districts having substan- 45 tial concentrations of minority students. 46 3. The commissioner of education shall not be authorized to withhold 47 foundation aid from a school district that used such funds in accordance 48 with this paragraph, notwithstanding any inconsistency with a request 49 for proposals issued by such commissioner for the purpose of attendance 50 improvement and dropout prevention for the 2024--2025 school year, and 51 for any city school district in a city having a population of more than 52 one million, the set-aside for attendance improvement and dropout 53 prevention shall equal the amount set aside in the base year. For the 54 2024--2025 school year, it is further provided that any city school 55 district in a city having a population of more than one million shall 56 allocate at least one-third of any increase from base year levels inS. 8306--C 30 A. 8806--C 1 funds set aside pursuant to the requirements of this section to communi- 2 ty-based organizations. Any increase required pursuant to this section 3 to community-based organizations must be in addition to allocations 4 provided to community-based organizations in the base year. 5 4. For the purpose of teacher support for the 2024--2025 school year: 6 for the city school district of the city of New York, sixty-two million 7 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 8 school district, one million seven hundred forty-one thousand dollars 9 ($1,741,000); for the Rochester city school district, one million seven- 10 ty-six thousand dollars ($1,076,000); for the Yonkers city school 11 district, one million one hundred forty-seven thousand dollars 12 ($1,147,000); and for the Syracuse city school district, eight hundred 13 nine thousand dollars ($809,000). All funds made available to a school 14 district pursuant to this section shall be distributed among teachers 15 including prekindergarten teachers and teachers of adult vocational and 16 academic subjects in accordance with this section and shall be in addi- 17 tion to salaries heretofore or hereafter negotiated or made available; 18 provided, however, that all funds distributed pursuant to this section 19 for the current year shall be deemed to incorporate all funds distrib- 20 uted pursuant to former subdivision 27 of section 3602 of the education 21 law for prior years. In school districts where the teachers are repres- 22 ented by certified or recognized employee organizations, all salary 23 increases funded pursuant to this section shall be determined by sepa- 24 rate collective negotiations conducted pursuant to the provisions and 25 procedures of article 14 of the civil service law, notwithstanding the 26 existence of a negotiated agreement between a school district and a 27 certified or recognized employee organization. 28 § 38. Support of public libraries. The moneys appropriated for the 29 support of public libraries by a chapter of the laws of 2024 enacting 30 the aid to localities budget shall be apportioned for the 2024--2025 31 state fiscal year in accordance with the provisions of sections 271, 32 272, 273, 282, 284, and 285 of the education law as amended by the 33 provisions of such chapter and the provisions of this section, provided 34 that library construction aid pursuant to section 273-a of the education 35 law shall not be payable from the appropriations for the support of 36 public libraries and provided further that no library, library system or 37 program, as defined by the commissioner of education, shall receive less 38 total system or program aid than it received for the year 2001--2002 39 except as a result of a reduction adjustment necessary to conform to the 40 appropriations for support of public libraries. 41 Notwithstanding any other provision of law to the contrary the moneys 42 appropriated for the support of public libraries for the year 2024--2025 43 by a chapter of the laws of 2024 enacting the aid to localities budget 44 shall fulfill the state's obligation to provide such aid and, pursuant 45 to a plan developed by the commissioner of education and approved by the 46 director of the budget, the aid payable to libraries and library systems 47 pursuant to such appropriations shall be reduced proportionately to 48 assure that the total amount of aid payable does not exceed the total 49 appropriations for such purpose. 50 § 39. Severability. The provisions of this act shall be severable, and 51 if the application of any clause, sentence, paragraph, subdivision, 52 section or part of this act to any person or circumstance shall be 53 adjudged by any court of competent jurisdiction to be invalid, such 54 judgment shall not necessarily affect, impair or invalidate the applica- 55 tion of any such clause, sentence, paragraph, subdivision, section, part 56 of this act or remainder thereof, as the case may be, to any otherS. 8306--C 31 A. 8806--C 1 person or circumstance, but shall be confined in its operation to the 2 clause, sentence, paragraph, subdivision, section or part thereof 3 directly involved in the controversy in which such judgment shall have 4 been rendered. 5 § 40. This act shall take effect immediately, and shall be deemed to 6 have been in full force and effect on and after April 1, 2024, provided, 7 however, that: 8 1. sections one, two, three, four, five, six, eight, ten-a, twelve, 9 thirteen, thirteen-a, fourteen, fifteen, sixteen, seventeen, eighteen, 10 twenty-three, twenty-four, twenty-five and thirty-seven of this act 11 shall take effect July 1, 2024; 12 2. section seven of this act shall take effect July 1, 2025; 13 3. section nine of this act shall take effect immediately and shall 14 expire and be deemed repealed December 31, 2024; 15 4. section thirteen-b of this act shall take effect 90 days after it 16 shall have become a law and shall expire and be deemed repealed July 1, 17 2035; 18 5. section seventeen-a of this act shall expire and be deemed repealed 19 April 1, 2025; 20 6. the amendments to chapter 756 of the laws of 1992, relating to 21 funding a program for work force education conducted by a consortium for 22 worker education in New York City made by sections twenty-seven and 23 twenty-eight of this act shall not affect the repeal of such chapter and 24 shall be deemed repealed therewith; 25 7. the amendments to paragraph (d) of subdivision 1 of section 2856 of 26 the education law made by section thirty of this act shall be subject to 27 the expiration and reversion of such subdivision pursuant to subdivision 28 d of section 27 of chapter 378 of the laws of 2007, as amended, when 29 upon such date the provisions of section thirty-one of this act shall 30 take effect; and 31 8. section thirty-two-a of this act shall take effect immediately and 32 shall be deemed to have been in full force and effect on and after July 33 1, 2023. 34 PART B 35 Section 1. The education law is amended by adding a new section 818 to 36 read as follows: 37 § 818. Evidence-based and scientifically based reading instruction. 1. 38 (a) On or before January first, two thousand twenty-five, the commis- 39 sioner shall provide school districts with the instructional best prac- 40 tices for the teaching of reading to students in prekindergarten through 41 grade three. Instructional best practices for the teaching of reading 42 shall be evidence-based and scientifically based, focusing on reading 43 competency in the areas of phonemic awareness, phonics, vocabulary 44 development, reading fluency, comprehension, including background know- 45 ledge, oral language and writing, oral skill development, and align with 46 the department's culturally responsive-sustaining framework. Such 47 instructional best practices shall be periodically updated by the 48 commissioner where appropriate. 49 (b) Every school district shall annually review their curriculum and 50 instructional practices in the subject of reading for students in prek- 51 indergarten through grade three to ensure that they align with the read- 52 ing instructional best practices provided by the commissioner, and that 53 all early reading instructional practices and interventions are part ofS. 8306--C 32 A. 8806--C 1 an aligned plan designed to improve student reading outcomes in prekin- 2 dergarten through grade three. 3 2. For the purpose of this section, "evidence-based and scientifically 4 based", "phonemic awareness", "comprehension", "reading fluency", 5 "vocabulary development", "culturally responsive-sustaining framework", 6 and such other terms necessary to implement this section shall be as 7 defined by the commissioner in regulations. 8 3. On or before September first, two thousand twenty-five, every 9 school district shall verify to the commissioner that their curriculum 10 and instructional practices in the subject of reading in prekindergarten 11 through grade three align with all of the elements of the instructional 12 best practices provided by the commissioner pursuant to this section. 13 § 2. This act shall take effect immediately. 14 PART C 15 Section 1. Section 305 of the education law is amended by adding a new 16 subdivision 61 to read as follows: 17 61. a. The commissioner shall require each school district to ensure 18 verification of one of the following from the parent or guardian of each 19 student or from the student if the student is eighteen years of age or 20 older or legally emancipated, during the school year in which the 21 student is a senior enrolled in such school district: (1) completion of 22 either the free application for federal student aid for such student or, 23 if applicable, the Jose Peralta New York State DREAM Act application; or 24 (2) completion of a waiver form promulgated by the department indicating 25 that the parent or guardian or, if the student is eighteen years of age 26 or older or legally emancipated, the student understands what the free 27 application for federal student aid or, if applicable, the Jose Peralta 28 New York State DREAM Act application are and has chosen not to file an 29 application pursuant to the provisions of subparagraph one of this para- 30 graph. For purposes of this subdivision, verification of completion of 31 either the free application for federal student aid or the Jose Peralta 32 New York State DREAM Act application shall not require a parent, guardi- 33 an, or student to identify which type of application was completed. 34 b. On and after July first, two thousand twenty-five, each school 35 district shall annually report to the department the following data for 36 all seniors enrolled in such school district, aggregated by high school: 37 (1) the total number of students that have completed either the free 38 application for federal student aid or, if applicable, the Jose Peralta 39 New York State DREAM Act application; (2) the number of students who 40 completed a waiver pursuant to paragraph a of this subdivision; and (3) 41 the total number of seniors enrolled. 42 c. The commissioner shall promulgate rules and regulations necessary 43 to implement this subdivision, including requiring each school district 44 to notify each high school senior, no less than two times during each 45 school year, of the state-sponsored scholarships, financial aid and 46 assistance available to students attending college or post-secondary 47 education, and to provide referrals for support or assistance to 48 complete the free application for federal student aid or, if applicable, 49 the Jose Peralta New York State DREAM Act application. 50 d. A student shall not be penalized or punished if the student's 51 parent or guardian or the student, if the student is eighteen years of 52 age or older or legally emancipated, does not fulfill the requirements 53 of this subdivision and this subdivision shall not affect a student's 54 ability to graduate.S. 8306--C 33 A. 8806--C 1 § 2. This act shall take effect on August 15, 2024. Effective imme- 2 diately, the addition, amendment and/or repeal of any rule or regu- 3 lation necessary for the implementation of this act on its effective 4 date are authorized to be made, including by emergency, and completed on 5 or before such effective date. 6 PART D 7 Section 1. The opening paragraph of paragraph (a) of subdivision 2 of 8 section 6401 of the education law, as amended by chapter 717 of the laws 9 of 1981, is amended to read as follows: 10 Notwithstanding the provisions of any other law, in order to qualify 11 for state aid apportionments pursuant to this section, any institution 12 of higher education must meet either the requirements set forth in 13 subparagraphs (i) through [(v)] (vi) of this paragraph or, in the alter- 14 native, the requirements set forth in paragraph (b) of this subdivision: 15 § 2. Paragraph (a) of subdivision 2 of section 6401 of the education 16 law is amended by adding a new subparagraph (vi) to read as follows: 17 (vi) The institution must have total endowment assets of less than 18 seven hundred fifty million dollars ($750,000,000), based on the most 19 recent academic year data collected in the Integrated Postsecondary 20 Education Data System, as required under Title IV of the Higher Educa- 21 tion Act of 1965, as amended, and reported by the Department of 22 Education's National Center for Education Statistics. 23 § 3. Paragraph (b) of subdivision 2 of section 6401 of the education 24 law is amended by adding a new subparagraph (vi) to read as follows: 25 (vi) The sponsoring college must have total endowment assets of less 26 than seven hundred fifty million dollars ($750,000,000), based on the 27 most recent academic year data collected in the Integrated Postsecondary 28 Education Data System, as required under Title IV of the Higher Educa- 29 tion Act of 1965, as amended, and reported by the Department of 30 Education's National Center for Education Statistics. 31 § 4. Subdivision 3 of section 6401 of the education law, as amended by 32 chapter 361 of the laws of 2014, is amended to read as follows: 33 3. Degree awards. The amount of such annual apportionment to each 34 institution meeting the requirements of subdivision two of this section 35 shall be computed by multiplying by not to exceed six hundred dollars 36 the number of earned associate degrees, by not to exceed one thousand 37 five hundred dollars the number of earned bachelor's degrees, by not to 38 exceed nine hundred fifty dollars the number of earned master's degrees, 39 and by not to exceed four thousand five hundred fifty dollars the number 40 of earned doctorate degrees, conferred by such institution during the 41 twelve-month period next preceding the annual period for which such 42 apportionment is made, provided that there shall be excluded from any 43 such computation the number of degrees earned by students with respect 44 to whom state aid other than that established by this section or section 45 sixty-four hundred one-a of this article is granted directly to the 46 institution, and provided further that, except as otherwise provided in 47 this subdivision, the amount apportioned for an associate degree shall 48 be awarded only to two year institutions qualifying under subdivision 49 two of this section. The regents shall promulgate rules defining and 50 classifying professional degrees for the purposes of this section. 51 Institutions qualifying for state aid pursuant to the provisions of 52 paragraph (b) of subdivision two of this section shall, for purposes of 53 this subdivision, be deemed to be the institutions which confer degrees. 54 For purposes of this subdivision, a two-year institution which hasS. 8306--C 34 A. 8806--C 1 received authority to confer bachelor degrees shall continue to be 2 considered a two-year institution until such time as it has actually 3 begun to confer the bachelor's degree. Thereafter, notwithstanding any 4 other provision of law to the contrary, an institution which was former- 5 ly a two-year institution for the purposes of this section and which was 6 granted authority by the regents to confer bachelor degrees, (a) such 7 authority having been granted after the first day of June, nineteen 8 hundred ninety-three, but before the first day of July, nineteen hundred 9 ninety-three, (b) such authority having been granted after the first day 10 of May, two thousand five, but before the first day of June, two thou- 11 sand five, (c) such authority having been granted after the first day of 12 April, two thousand nine, but before the first day of May, two thousand 13 nine, or (d) such authority having been granted after the first day of 14 December, two thousand nine, but before the first day of January, two 15 thousand ten, may elect to continue to receive awards for earned associ- 16 ate degrees. Should such institution so elect, it shall not be eligible 17 during the time of such election to receive awards for earned bachelor's 18 degrees. Notwithstanding the preceding provisions of this subdivision, 19 in the event that the total amount of such annual apportionments to all 20 institutions meeting the requirements of subdivision two of this section 21 would otherwise exceed the total amount appropriated for unrestricted 22 aid to independent colleges and universities, the annual apportionment 23 to each such institution shall be reduced proportionally. 24 § 5. This act shall take effect July 1, 2024. 25 PART E 26 Intentionally Omitted 27 PART F 28 Section 1. Section 16 of chapter 260 of the laws of 2011 amending the 29 education law and the New York state urban development corporation act 30 relating to establishing components of the NY-SUNY 2020 challenge grant 31 program, as amended by section 4 of part DD of chapter 56 of the laws of 32 2021, is amended to read as follows: 33 § 16. This act shall take effect July 1, 2011; provided that sections 34 one, two, three, four, five, six, eight, nine, ten, eleven, twelve and 35 thirteen of this act shall expire [13] 16 years after such effective 36 date when upon such date the provisions of this act shall be deemed 37 repealed; and provided further that sections fourteen and fifteen of 38 this act shall expire 5 years after such effective date when upon such 39 date the provisions of this act shall be deemed repealed. 40 § 2. This act shall take effect immediately. 41 PART G 42 Section 1. Section 3 of part N of chapter 56 of the laws of 2020, 43 amending the social services law relating to restructuring financing for 44 residential school placements, as amended by section 1 of part V of 45 chapter 56 of the laws of 2023, is amended to read as follows: 46 § 3. This act shall take effect immediately and shall expire and be 47 deemed repealed April 1, [2024] 2025; provided however that the amend- 48 ments to subdivision 10 of section 153 of the social services law madeS. 8306--C 35 A. 8806--C 1 by section one of this act, shall not affect the expiration of such 2 subdivision and shall be deemed to expire therewith. 3 § 2. This act shall take effect immediately and shall be deemed to 4 have been in full force and effect on and after April 1, 2024. 5 PART H 6 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 7 section 131-o of the social services law, as amended by section 1 of 8 part Z of chapter 56 of the laws of 2023, are amended to read as 9 follows: 10 (a) in the case of each individual receiving family care, an amount 11 equal to at least [$175.00] $181.00 for each month beginning on or after 12 January first, two thousand [twenty-three] twenty-four. 13 (b) in the case of each individual receiving residential care, an 14 amount equal to at least [$202.00] $208.00 for each month beginning on 15 or after January first, two thousand [twenty-three] twenty-four. 16 (c) in the case of each individual receiving enhanced residential 17 care, an amount equal to at least [$241.00] $249.00 for each month 18 beginning on or after January first, two thousand [twenty-three] twen- 19 ty-four. 20 (d) for the period commencing January first, two thousand [twenty-21four] twenty-five, the monthly personal needs allowance shall be an 22 amount equal to the sum of the amounts set forth in subparagraphs one 23 and two of this paragraph: 24 (1) the amounts specified in paragraphs (a), (b) and (c) of this 25 subdivision; and 26 (2) the amount in subparagraph one of this paragraph, multiplied by 27 the percentage of any federal supplemental security income cost of 28 living adjustment which becomes effective on or after January first, two 29 thousand [twenty-four] twenty-five, but prior to June thirtieth, two 30 thousand [twenty-four] twenty-five, rounded to the nearest whole dollar. 31 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 32 section 209 of the social services law, as amended by section 2 of part 33 Z of chapter 56 of the laws of 2023, are amended to read as follows: 34 (a) On and after January first, two thousand [twenty-three] twenty- 35 four, for an eligible individual living alone, [$1,001.00] $1,030.00; 36 and for an eligible couple living alone, [$1,475.00] $1,519.00. 37 (b) On and after January first, two thousand [twenty-three] twenty- 38 four, for an eligible individual living with others with or without 39 in-kind income, [$937.00] $966.00; and for an eligible couple living 40 with others with or without in-kind income, [$1,417.00] $1,461.00. 41 (c) On and after January first, two thousand [twenty-three] twenty- 42 four, (i) for an eligible individual receiving family care, [$1,180.48] 43 $1,209.48 if he or she is receiving such care in the city of New York or 44 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 45 eligible couple receiving family care in the city of New York or the 46 county of Nassau, Suffolk, Westchester or Rockland, two times the amount 47 set forth in subparagraph (i) of this paragraph; or (iii) for an eligi- 48 ble individual receiving such care in any other county in the state, 49 [$1,142.48] $1,171.48; and (iv) for an eligible couple receiving such 50 care in any other county in the state, two times the amount set forth in 51 subparagraph (iii) of this paragraph. 52 (d) On and after January first, two thousand [twenty-three] twenty- 53 four, (i) for an eligible individual receiving residential care, 54 [$1,349.00] $1,378.00 if he or she is receiving such care in the city ofS. 8306--C 36 A. 8806--C 1 New York or the county of Nassau, Suffolk, Westchester or Rockland; and 2 (ii) for an eligible couple receiving residential care in the city of 3 New York or the county of Nassau, Suffolk, Westchester or Rockland, two 4 times the amount set forth in subparagraph (i) of this paragraph; or 5 (iii) for an eligible individual receiving such care in any other county 6 in the state, [$1,319.00] $1,348.00; and (iv) for an eligible couple 7 receiving such care in any other county in the state, two times the 8 amount set forth in subparagraph (iii) of this paragraph. 9 (e) On and after January first, two thousand [twenty-three] twenty- 10 four, (i) for an eligible individual receiving enhanced residential 11 care, [$1,608.00] $1,637.00; and (ii) for an eligible couple receiving 12 enhanced residential care, two times the amount set forth in subpara- 13 graph (i) of this paragraph. 14 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 15 vision shall be increased to reflect any increases in federal supple- 16 mental security income benefits for individuals or couples which become 17 effective on or after January first, two thousand [twenty-four] twenty- 18 five but prior to June thirtieth, two thousand [twenty-four] 19 twenty-five. 20 § 3. This act shall take effect December 31, 2024. 21 PART I 22 Intentionally Omitted 23 PART J 24 Section 1. Subdivision 1 of section 206-c of the labor law, as amended 25 by chapter 672 of the laws of 2022, is amended to read as follows: 26 1. An employer shall provide [reasonable unpaid] paid break time [or] 27 for thirty minutes, and permit an employee to use existing paid break 28 time or meal time for time in excess of thirty minutes, to allow an 29 employee to express breast milk for [her] such employee's nursing child 30 each time such employee has reasonable need to express breast milk for 31 up to three years following child birth. No employer shall discriminate 32 in any way against an employee who chooses to express breast milk in the 33 work place. 34 § 2. This act shall take effect on the sixtieth day after it shall 35 have become a law. 36 PART K 37 Intentionally Omitted 38 PART L 39 Intentionally Omitted 40 PART M 41 Section 1. Section 2 of chapter 25 of the laws of 2020, relating to 42 providing requirements for sick leave and the provision of certain 43 employee benefits when such employee is subject to a mandatory orS. 8306--C 37 A. 8806--C 1 precautionary order of quarantine or isolation due to COVID-19, is 2 amended to read as follows: 3 § 2. This act shall take effect immediately and shall expire and be 4 deemed repealed July 31, 2025. 5 § 2. This act shall take effect immediately. 6 PART N 7 Section 1. Notwithstanding any other provision of law, the housing 8 trust fund corporation may provide, for purposes of the neighborhood 9 preservation program, a sum not to exceed $17,633,000 for the fiscal 10 year ending March 31, 2025. Within this total amount, $250,000 shall be 11 used for the purpose of entering into a contract with the neighborhood 12 preservation coalition to provide technical assistance and services to 13 companies funded pursuant to article 16 of the private housing finance 14 law. Notwithstanding any other provision of law, and subject to the 15 approval of the New York state director of the budget, the board of 16 directors of the state of New York mortgage agency shall authorize the 17 transfer to the housing trust fund corporation, for the purposes of 18 reimbursing any costs associated with neighborhood preservation program 19 contracts authorized by this section, a total sum not to exceed 20 $17,633,000, such transfer to be made from (i) the special account of 21 the mortgage insurance fund created pursuant to section 2429-b of the 22 public authorities law, in an amount not to exceed the actual excess 23 balance in the special account of the mortgage insurance fund, as deter- 24 mined and certified by the state of New York mortgage agency for the 25 fiscal year 2023-2024 in accordance with section 2429-b of the public 26 authorities law, if any, and/or (ii) provided that the reserves in the 27 project pool insurance account of the mortgage insurance fund created 28 pursuant to section 2429-b of the public authorities law are sufficient 29 to attain and maintain the credit rating (as determined by the state of 30 New York mortgage agency) required to accomplish the purposes of such 31 account, the project pool insurance account of the mortgage insurance 32 fund, such transfer to be made as soon as practicable but no later than 33 June 30, 2024. 34 § 2. Notwithstanding any other provision of law, the housing trust 35 fund corporation may provide, for purposes of the rural preservation 36 program, a sum not to exceed $7,557,000 for the fiscal year ending March 37 31, 2025. Within this total amount, $250,000 shall be used for the 38 purpose of entering into a contract with the rural housing coalition to 39 provide technical assistance and services to companies funded pursuant 40 to article 17 of the private housing finance law. Notwithstanding any 41 other provision of law, and subject to the approval of the New York 42 state director of the budget, the board of directors of the state of New 43 York mortgage agency shall authorize the transfer to the housing trust 44 fund corporation, for the purposes of reimbursing any costs associated 45 with rural preservation program contracts authorized by this section, a 46 total sum not to exceed $7,557,000, such transfer to be made from (i) 47 the special account of the mortgage insurance fund created pursuant to 48 section 2429-b of the public authorities law, in an amount not to exceed 49 the actual excess balance in the special account of the mortgage insur- 50 ance fund, as determined and certified by the state of New York mortgage 51 agency for the fiscal year 2023-2024 in accordance with section 2429-b 52 of the public authorities law, if any, and/or (ii) provided that the 53 reserves in the project pool insurance account of the mortgage insurance 54 fund created pursuant to section 2429-b of the public authorities lawS. 8306--C 38 A. 8806--C 1 are sufficient to attain and maintain the credit rating (as determined 2 by the state of New York mortgage agency) required to accomplish the 3 purposes of such account, the project pool insurance account of the 4 mortgage insurance fund, such transfer to be made as soon as practicable 5 but no later than June 30, 2024. 6 § 3. Notwithstanding any other provision of law, the housing trust 7 fund corporation may provide, for purposes of the rural rental assist- 8 ance program pursuant to article 17-A of the private housing finance 9 law, a sum not to exceed $23,180,000 for the fiscal year ending March 10 31, 2025. Notwithstanding any other provision of law, and subject to 11 the approval of the New York state director of the budget, the board of 12 directors of the state of New York mortgage agency shall authorize the 13 transfer to the housing trust fund corporation, for the purposes of 14 reimbursing any costs associated with rural rental assistance program 15 contracts authorized by this section, a total sum not to exceed 16 $23,180,000, such transfer to be made from (i) the special account of 17 the mortgage insurance fund created pursuant to section 2429-b of the 18 public authorities law, in an amount not to exceed the actual excess 19 balance in the special account of the mortgage insurance fund, as deter- 20 mined and certified by the state of New York mortgage agency for the 21 fiscal year 2023-2024 in accordance with section 2429-b of the public 22 authorities law, if any, and/or (ii) provided that the reserves in the 23 project pool insurance account of the mortgage insurance fund created 24 pursuant to section 2429-b of the public authorities law are sufficient 25 to attain and maintain the credit rating, as determined by the state of 26 New York mortgage agency, required to accomplish the purposes of such 27 account, the project pool insurance account of the mortgage insurance 28 fund, such transfer shall be made as soon as practicable but no later 29 than June 30, 2024. 30 § 4. Notwithstanding any other provision of law, the homeless housing 31 and assistance corporation may provide, for purposes of the New York 32 state supportive housing program, the solutions to end homelessness 33 program or the operational support for AIDS housing program, or to qual- 34 ified grantees under such programs, in accordance with the requirements 35 of such programs, a sum not to exceed $53,581,000 for the fiscal year 36 ending March 31, 2025. The homeless housing and assistance corporation 37 may enter into an agreement with the office of temporary and disability 38 assistance to administer such sum in accordance with the requirements of 39 such programs. Notwithstanding any other provision of law, and subject 40 to the approval of the New York state director of the budget, the board 41 of directors of the state of New York mortgage agency shall authorize 42 the transfer to the homeless housing and assistance corporation, a total 43 sum not to exceed $53,581,000, such transfer to be made from (i) the 44 special account of the mortgage insurance fund created pursuant to 45 section 2429-b of the public authorities law, in an amount not to exceed 46 the actual excess balance in the special account of the mortgage insur- 47 ance fund, as determined and certified by the state of New York mortgage 48 agency for the fiscal year 2023-2024 in accordance with section 2429-b 49 of the public authorities law, if any, and/or (ii) provided that the 50 reserves in the project pool insurance account of the mortgage insurance 51 fund created pursuant to section 2429-b of the public authorities law 52 are sufficient to attain and maintain the credit rating as determined by 53 the state of New York mortgage agency, required to accomplish the 54 purposes of such account, the project pool insurance account of the 55 mortgage insurance fund, such transfer shall be made as soon as practi- 56 cable but no later than March 31, 2025.S. 8306--C 39 A. 8806--C 1 § 5. This act shall take effect immediately. 2 PART O 3 Section 1. Short title. This act shall be known and may be cited as 4 the "heirs property protection and deed theft prevention act of 2024". 5 § 2. Subdivision 3 of section 30.10 of the criminal procedure law is 6 amended by adding a new paragraph (h) to read as follows: 7 (h) A prosecution for any felony related to a deed theft or where 8 there is fraud in connection with a transaction involving real property 9 must be commenced within five years after the commission of the crime, 10 or within two years after the facts constituting such offense are 11 discovered by the aggrieved party, whichever occurs later. 12 § 3. Section 155.00 of the penal law is amended by adding six new 13 subdivisions 11, 12, 13, 14, 15 and 16 to read as follows: 14 11. "Residential real property" or any derivative word thereof shall 15 have the same meaning as defined in subdivision three of section 187.00 16 of this part. 17 12. "Commercial property" or any derivative word thereof shall mean a 18 nonresidential property used for the buying, selling or otherwise 19 providing of goods or services including hotel services, or for other 20 lawful business, commercial or manufacturing activities. 21 13. "Mixed-use property" shall have the same meaning as defined in 22 subdivision twenty-two of section four hundred eighty-nine-aaaa of the 23 real property tax law. 24 14. "Incompetent" shall have the same meaning as defined in section 25 1-2.9 of the estates, powers and trusts law. 26 15. "Incapacitated person" shall mean a person who, because of mental 27 disability as defined in subdivision three of section 1.03 of the mental 28 hygiene law or mental deficiency, is unable to care for their own prop- 29 erty and/or personal needs, and is likely to suffer harm because such 30 person is unable to understand and appreciate the nature and conse- 31 quences of not being able to care for their property and/or personal 32 needs. 33 16. "Elderly person" means a person sixty years of age or older. 34 § 4. Subparagraph (ix) of paragraph (e) and paragraph (f) of subdivi- 35 sion 2 of section 155.05 of the penal law, paragraph (f) as added by 36 chapter 353 of the laws of 2023, are amended and a new paragraph (g) is 37 added to read as follows: 38 (ix) Perform any other act which would not in itself materially bene- 39 fit the actor but which is calculated to harm another person materially 40 with respect to [his] such other person's health, safety, business, 41 calling, career, financial condition, reputation or personal relation- 42 ships[.];or 43 (f) By wage theft. 44 A person obtains property by wage theft when [he or she] such person 45 hires a person to perform services and the person performs such services 46 and the person does not pay wages, at the minimum wage rate and over- 47 time, or promised wage, if greater than the minimum wage rate and over- 48 time, to said person for work performed. In a prosecution for wage 49 theft, for the purposes of venue, it is permissible to aggregate all 50 nonpayments or underpayments to one person from one person, into one 51 larceny count, even if the nonpayments or underpayments occurred in 52 multiple counties. It is also permissible to aggregate nonpayments or 53 underpayments from a workforce into one larceny count even if such 54 nonpayments or underpayments occurred in multiple counties[.]; orS. 8306--C 40 A. 8806--C 1 (g) By deed theft. A person commits deed theft when such person: 2 (i) Intentionally alters, falsifies, forges, or misrepresents any 3 written instrument involved in the conveyance or financing of real prop- 4 erty, such as a residential or commercial deed or title, with the intent 5 to deceive, defraud, or unlawfully transfer or encumber the ownership 6 rights or a portion thereof of a residential or commercial property; or 7 (ii) with intent to defraud, misrepresents themselves as the owner or 8 authorized representative of residential or commercial real property to 9 induce others to rely on such false information in order to obtain 10 ownership or possession of such real property; or 11 (iii) with intent to defraud, takes, obtains, or transfers title or 12 ownership of real property by fraud, misrepresentation, forgery, larce- 13 ny, false pretenses, false promise, or any other fraudulent or deceptive 14 practice. 15 § 5. Section 155.35 of the penal law, as amended by chapter 464 of the 16 laws of 2010, is amended to read as follows: 17 § 155.35 Grand larceny in the third degree. 18 A person is guilty of grand larceny in the third degree when [he or19she] such person steals property and: 20 1. when the value of the property exceeds three thousand dollars, or 21 2. the property is an automated teller machine or the contents of an 22 automated teller machine[.], or 23 3. when such person commits deed theft of one commercial real proper- 24 ty, regardless of the value. 25 Grand larceny in the third degree is a class D felony. 26 § 6. Section 155.40 of the penal law, as amended by chapter 515 of the 27 laws of 1986, is amended to read as follows: 28 § 155.40 Grand larceny in the second degree. 29 A person is guilty of grand larceny in the second degree when [he] 30 such person steals property and when: 31 1. The value of the property exceeds fifty thousand dollars; or 32 2. The property, regardless of its nature and value, is obtained by 33 extortion committed by instilling in the victim a fear that the actor or 34 another person will (a) cause physical injury to some person in the 35 future, or (b) cause damage to property, or (c) use or abuse [his] the 36 actor's position as a public servant by engaging in conduct within or 37 related to [his] the actor's official duties, or by failing or refusing 38 to perform an official duty, in such manner as to affect some person 39 adversely[.]; or 40 3. Such person commits deed theft, regardless of the value, of: (a) 41 one residential real property; or (b) one commercial mixed-use property 42 with at least one residential unit; or (c) two or more commercial prop- 43 erties. 44 Grand larceny in the second degree is a class C felony. 45 § 7. Section 155.42 of the penal law, as added by chapter 515 of the 46 laws of 1986, is amended to read as follows: 47 § 155.42 Grand larceny in the first degree. 48 A person is guilty of grand larceny in the first degree when: 49 1. [he] such person steals property and when the value of the property 50 exceeds one million dollars[.]; or 51 2. such person commits deed theft, regardless of the value, of (a) 52 residential real property that is occupied as a home by at least one 53 person; or (b) residential real property that involves a home that is 54 owned by an elderly person, an incompetent, an incapacitated person, or 55 physically disabled person; or (c) three or more residential real prop- 56 erties.S. 8306--C 41 A. 8806--C 1 Grand larceny in the first degree is a class B felony. 2 § 8. Subdivision 3 of section 187.00 of the penal law, as amended by 3 chapter 507 of the laws of 2009, is amended to read as follows: 4 3. "Residential real property" means real property that is used or 5 occupied, or intended to be used or occupied, wholly or partly, as the 6 home or residence of one or more persons, including real property that 7 is improved by a one-to-four family dwelling, or a residential unit in a 8 building including units owned as condominiums or on a cooperative 9 basis, used or occupied, or intended to be used or occupied, wholly or 10 partly, as the home or residence of one or more persons, but shall not 11 refer to unimproved real property upon which such dwellings are to be 12 constructed. 13 § 9. Section 63 of the executive law is amended adding a new subdivi- 14 sion 17 to read as follows: 15 17. The attorney general may investigate and prosecute every person or 16 entity charged with the commission of a criminal offense in violation of 17 the laws of this state applicable to any crime that affects the title 18 to, encumbrance of, or the possession of real property, including but 19 not limited to deed theft, larceny, criminal possession of stolen prop- 20 erty, offering a false instrument for filing, falsifying business 21 records, residential mortgage fraud, or scheme to defraud. In all such 22 proceedings, the attorney general may appear in person or by the attor- 23 ney general's deputy before any court of record or any grand jury and 24 exercise all the powers and perform all the duties in respect of such 25 actions or proceedings which the district attorney would otherwise be 26 authorized or required to exercise or perform. Nothing herein shall in 27 any way abrogate, supersede, or interfere with the authority of the 28 district attorney of a county in which an offense occurs to investigate, 29 initiate and/or prosecute any such crime. 30 § 10. Section 993 of the real property actions and proceedings law is 31 amended by adding a new subdivision 12 to read as follows: 32 12. Prohibition on initiation of a partition action. No partition 33 action related to an heirs property may be initiated by a party that 34 purchased or otherwise acquired their share or shares by means other 35 than inheritance, and who did not inherit their share or shares directly 36 from a person who was a co-tenant prior to the property becoming heirs 37 property or from a co-tenant who was an heir thereto. 38 § 11. Section 993 of the real property actions and proceedings law is 39 amended by adding a new subdivision 13 to read as follows: 40 13. Right of first refusal. (a) When a co-tenant receives a bona fide 41 offer from a non-co-tenant to purchase a share or shares of an heirs 42 property and the co-tenant intends to accept or respond with a counter- 43 offer, the co-tenants who inherited their share or shares of the proper- 44 ty, or the co-tenants who are relatives to those co-tenants who inher- 45 ited their share or shares of the property shall have the right to 46 purchase such shares for the identical price, terms, and conditions of 47 the offer or counteroffer, with first priority to any co-tenant who 48 occupies the property as their primary residence and second priority to 49 any co-tenant who otherwise utilizes the property. 50 (b) It shall be the duty of the non-co-tenant who made the initial 51 offer for the share or shares of the property as well as the co-tenant 52 who received the offer to exercise all due diligence to identify all of 53 the other co-tenants to the property and notify such co-tenants of the 54 pending offer. Such notice shall include the names, addresses, phone 55 numbers and electronic mail addresses of all of the other co-tenants. 56 Notice shall be made in the same manner as set forth in section threeS. 8306--C 42 A. 8806--C 1 hundred eight of the civil practice law and rules. The other co-tenants 2 shall have one hundred eighty days from the date they are notified of 3 the offer to match such offer. 4 (c) In the event that the other co-tenants are not notified of the 5 offer and the sale is completed, and the offeror did not exercise the 6 required due diligence to notify the other co-tenants of the heirs prop- 7 erty, the other co-tenants shall have the right to purchase the shares 8 from the non-relative co-tenant for the price paid by such non-relative 9 co-tenant, plus any applicable interest at a rate of two percent per 10 annum. Such right shall expire one hundred eighty days after the other 11 co-tenants to the heirs property are made aware of the sale. 12 § 12. The real property law is amended by adding a new section 424 to 13 read as follows: 14 § 424. Transfer on death deed. 1. Definitions. For the purposes of 15 this section the following terms shall have the following meanings: 16 (a) "Beneficiary" means a person who receives property in a transfer 17 on death deed. 18 (b) "Designated beneficiary" means a person designated to receive 19 property in a transfer on death deed. 20 (c) "Joint owner" means an individual who owns property concurrently 21 with one or more other individuals with a right of survivorship. The 22 term includes a joint tenant, owner of community property with a right 23 of survivorship and tenant by the entirety. The term does not include a 24 tenant in common or owner of community property without a right of 25 survivorship. 26 (d) "Person" includes a natural person, an association, board, any 27 corporation, whether municipal, stock or non-stock, court, governmental 28 agency, authority or subdivision, partnership or other firm and the 29 state. 30 (e) "Property" means an interest in real property located in this 31 state which is transferable on the death of the owner. 32 (f) "Transfer on death deed" means a deed authorized under this 33 section. 34 (g) "Transferor" means an individual who makes a transfer on death 35 deed. 36 2. Nonexclusivity. This section does not affect any method of trans- 37 ferring property otherwise permitted under the law of this state. 38 3. Transfer on death deed authorized. An individual may transfer prop- 39 erty to one or more beneficiaries effective at the transferor's death by 40 a transfer on death deed. 41 4. Transfer on death deed revocable. A transfer on death deed is revo- 42 cable even if the deed or another instrument contains a contrary 43 provision. 44 5. Transfer on death deed nontestamentary. A transfer on death deed is 45 nontestamentary. 46 6. Capacity of transferor. The capacity required to make or revoke a 47 transfer on death deed is the same as the capacity required to make a 48 will. 49 7. Requirements. A transfer on death deed: 50 (a) except as otherwise provided in this subdivision, shall contain 51 the essential elements and formalities of a properly recordable inter 52 vivos deed; 53 (b) shall state that the transfer to the designated beneficiary is to 54 occur at the transferor's death; 55 (c) shall be signed by two witnesses who were present at the same time 56 and who witnessed the signing of the transfer on death deed;S. 8306--C 43 A. 8806--C 1 (d) shall be acknowledged before a notary public; and 2 (e) shall be recorded before the transferor's death in the public 3 records in the county clerk's office of the county where the property is 4 located in the same manner as any other type of deed. 5 8. Notice, delivery, acceptance, consideration not required. A trans- 6 fer on death deed shall be effective without: 7 (a) notice or delivery to or acceptance by the designated beneficiary 8 during the transferor's life; or 9 (b) consideration. 10 9. Revocation by instrument authorized; revocation by act not permit- 11 ted. 12 (a) Subject to paragraph (b) of this subdivision, an instrument shall 13 be effective to revoke a recorded transfer on death deed, or any part of 14 it, only if the instrument: 15 (1) is one of the following: 16 (A) a transfer on death deed that revokes the deed or part of the deed 17 expressly or by inconsistency; 18 (B) an instrument of revocation that expressly revokes the deed or 19 part of the deed; or 20 (C) an inter vivos deed that expressly revokes the transfer on death 21 deed or part of the deed; and 22 (2) is acknowledged by the transferor after the acknowledgment of the 23 deed being revoked and recorded before the transferor's death in the 24 public records in the county clerk's office of the county where the deed 25 is recorded. 26 (b) If a transfer on death deed is made by more than one transferor: 27 (1) revocation by a transferor shall not affect the deed as to the 28 interest of another transferor; and 29 (2) a deed of joint owners shall only be revoked if it is revoked by 30 all of the living joint owners. 31 (c) After a transfer on death deed is recorded, it shall not be 32 revoked by a revocatory act on the deed. 33 (d) This section shall not limit the effect of an inter vivos transfer 34 of the property. 35 10. Effect of transfer on death deed during transferor's life. During 36 a transferor's life, a transfer on death deed shall not: 37 (a) affect an interest or right of the transferor or any other owner, 38 including the right to transfer or encumber the property; 39 (b) affect an interest or right of a transferee, even if the transfer- 40 ee has actual or constructive notice of the deed; 41 (c) affect an interest or right of a secured or unsecured creditor or 42 future creditor of the transferor, even if the creditor has actual or 43 constructive notice of the deed; 44 (d) affect the transferor's or designated beneficiary's eligibility 45 for any form of public assistance; 46 (e) create a legal or equitable interest in favor of the designated 47 beneficiary; or 48 (f) subject the property to claims or process of a creditor of the 49 designated beneficiary. 50 11. Effect of transfer on death deed at transferor's death. (a) Except 51 as otherwise provided in the transfer on death deed, in this section or 52 in any other section of law which effects nonprobate transfers, on the 53 death of the transferor, the following rules apply to property that is 54 the subject of a transfer on death deed and owned by the transferor at 55 death:S. 8306--C 44 A. 8806--C 1 (1) Subject to subparagraph two of this paragraph, the interest in the 2 property shall be transferred to the designated beneficiary in accord- 3 ance with the deed. 4 (2) The interest of a designated beneficiary is contingent on the 5 designated beneficiary surviving the transferor. The interest of a 6 designated beneficiary that fails to survive the transferor lapses. 7 (3) Subject to subparagraph four of this paragraph, concurrent inter- 8 ests shall be transferred to the beneficiaries in equal and undivided 9 shares with no right of survivorship. 10 (4) If the transferor has identified two or more designated benefici- 11 aries to receive concurrent interests in the property, the share of one 12 which lapses or fails for any reason shall be transferred to the other, 13 or to the others in proportion to the interest of each in the remaining 14 part of the property held concurrently. 15 (b) Subject to this chapter, a beneficiary takes the property subject 16 to all conveyances, encumbrances, assignments, contracts, mortgages, 17 liens, and other interests to which the property is subject at the 18 transferor's death. For purposes of this paragraph and this chapter, the 19 recording of the transfer on death deed shall be deemed to have occurred 20 at the transferor's death. 21 (c) If a transferor is a joint owner and is survived by one or more 22 other joint owners, the property that is the subject of a transfer on 23 death deed shall belong to the surviving joint owner or owners with 24 right of survivorship. 25 (d) If a transferor is a joint owner and is the last surviving joint 26 owner, the transfer on death deed shall be effective. 27 (e) A transfer on death deed transfers property without covenant or 28 warranty of title even if the deed contains a contrary provision. 29 12. Applicability of invalidating and revocatory principles. (a) Noth- 30 ing in this section shall limit the application of principles of fraud, 31 undue influence, duress, mistake, or other invalidating cause to a 32 transfer of property. 33 (b) Divorce, annulment or declaration of nullity, or dissolution of 34 marriage, shall have the same effect on a transfer on death deed as 35 outlined in section 5-1.4 of the estates, powers and trusts law. 36 13. Renunciation. A beneficiary may renounce all or part of the bene- 37 ficiary's interest in the same manner as if the interest was transferred 38 in a will. 39 14. Liability for creditor claims and statutory allowances. (a) To the 40 extent the transferor's probate estate is insufficient to satisfy an 41 allowed claim against the estate or a statutory allowance to a surviving 42 spouse or child, the estate may enforce the liability against property 43 transferred at the transferor's death by a transfer on death deed. 44 (b) If more than one property is transferred by one or more transfer 45 on death deeds, the liability under paragraph (a) of this subdivision is 46 apportioned among the properties in proportion to their net values at 47 the transferor's death. 48 (c) A proceeding to enforce the liability under this section must be 49 commenced no later than eighteen months after the transferor's death. 50 15. Form of transfer on death deed. The following form may be used to 51 create a transfer on death deed. The other subdivisions of this section 52 shall govern the effect of this, or any other instrument used to create 53 a transfer on death deed: 54 (front of form)S. 8306--C 45 A. 8806--C 1 REVOCABLE TRANSFER ON DEATH DEED 2 NOTICE TO OWNER 3 You should carefully read all information on the other side of this 4 form. You may want to consult a lawyer before using this form. 5 This form must be recorded before your death, or it will not be effec- 6 tive. 7 IDENTIFYING INFORMATION 8 Owner or Owners Making This Deed: 9 ____________________________________________________ 10 Printed name Mailing address 11 ____________________________________________________ 12 Printed name Mailing address 13 Legal description of the property: 14 ____________________________________________________ 15 PRIMARY BENEFICIARY 16 I designate the following beneficiary if the beneficiary survives me. 17 ____________________________________________________ 18 Printed name Mailing address, if available 19 ALTERNATE BENEFICIARY - Optional 20 If my primary beneficiary does not survive me, I designate the following 21 alternate beneficiary if that beneficiary survives me. 22 ____________________________________________________ 23 Printed name Mailing address, if available 24 TRANSFER ON DEATH 25 At my death, I transfer my interest in the described property to the 26 beneficiaries as designated above. Before my death, I have the right to 27 revoke this deed.S. 8306--C 46 A. 8806--C 1 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED 2 ____________________________________________________ 3 Signature Date 4 ____________________________________________________ 5 Signature Date 6 SIGNATURE OF WITNESSES 7 ____________________________________________________ 8 Signature Date 9 ____________________________________________________ 10 Signature Date 11 ____________________________________________________ 12 NOTARY ACKNOWLEDGMENT 13 (insert notary acknowledgment for deed here) 14 (back of form) 15 COMMON QUESTIONS ABOUT THE USE OF THIS FORM 16 What does the Transfer on Death (TOD) deed do? 17 When you die, this deed transfers the described property, subject to any 18 liens or mortgages (or other encumbrances) on the property at your 19 death. Probate is not required. The TOD deed has no effect until you 20 die. You can revoke it at any time. You are also free to transfer the 21 property to someone else during your lifetime. If you do not own any 22 interest in the property when you die, this deed will have no effect. 23 How do I make a TOD deed? 24 Complete this form. Have it acknowledged before a notary public. Record 25 the form in each county where any part of the property is located. The 26 form has no effect unless it is acknowledged and recorded before your 27 death. 28 Is the "legal description" of the property necessary?S. 8306--C 47 A. 8806--C 1 Yes. 2 How do I find the "legal description" of the property? 3 This information may be on the deed you received when you became an 4 owner of the property. This information may also be available in the 5 county clerk's office of the county where the property is located. If 6 you are not absolutely sure, consult a lawyer. 7 Can I change my mind before I record the TOD deed? 8 Yes. If you have not yet recorded the deed and want to change your mind, 9 simply tear up or otherwise destroy the deed. 10 How do I "record" the TOD deed? 11 Take the completed and acknowledged form to the county clerk's office of 12 the county where the property is located. Follow the instructions given 13 by the county clerk to make the form part of the official property 14 records. If the property is in more than one county, you should record 15 the deed in each county. 16 Can I later revoke the TOD deed if I change my mind? 17 Yes. You can revoke the TOD deed. No one, including the beneficiaries, 18 can prevent you from revoking the deed. 19 How do I revoke the TOD deed after it is recorded? 20 There are three ways to revoke a recorded TOD deed: 21 (1) Complete and acknowledge a revocation form and record it in each 22 county where the property is located. 23 (2) Complete and acknowledge a new TOD deed that disposes of the same 24 property and record it in each county where the property is located. 25 (3) Transfer the property to someone else during your lifetime by a 26 recorded deed that expressly revokes the TOD deed. You may not revoke 27 the TOD deed by will. 28 I am being pressured to complete this form. What should I do? 29 Do not complete this form under pressure. Seek help from a trusted 30 family member, friend, or lawyer. 31 Do I need to tell the beneficiaries about the TOD deed? 32 No, but it is recommended. Secrecy can cause later complications and 33 might make it easier for others to commit fraud. 34 I have other questions about this form. What should I do? 35 This form is designed to fit some but not all situations. If you have 36 other questions, you are encouraged to consult a lawyer.S. 8306--C 48 A. 8806--C 1 16. Form of revocation. The following form may be used to create an 2 instrument of revocation under this section. The other subdivisions of 3 this section shall govern the effect of this, or any other instrument 4 used to revoke a transfer on death deed. 5 (front of form) 6 REVOCATION OF TRANSFER ON DEATH DEED 7 NOTICE TO OWNER 8 This revocation must be recorded before you die, or it will not be 9 effective. This revocation is effective only as to the interests in the 10 property of owners who sign this revocation. 11 IDENTIFYING INFORMATION 12 Owner or Owners of Property Making This Revocation: 13 ____________________________________________________ 14 Printed name Mailing address 15 ____________________________________________________ 16 Printed name Mailing address 17 Legal description of the property: 18 ____________________________________________________ 19 REVOCATION 20 I revoke all my previous transfers of this property by transfer on death 21 deed. 22 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION 23 ____________________________________________________ 24 Signature Date 25 ____________________________________________________ 26 Signature Date 27 SIGNATURE OF WITNESSESS. 8306--C 49 A. 8806--C 1 ____________________________________________________ 2 Signature Date 3 ____________________________________________________ 4 Signature Date 5 NOTARY ACKNOWLEDGMENT 6 (insert notary acknowledgment here) 7 (back of form) 8 COMMON QUESTIONS ABOUT THE USE OF THIS FORM 9 How do I use this form to revoke a Transfer on Death (TOD) deed? 10 Complete this form. Have it acknowledged before a notary public. Record 11 the form in the public records in the county clerk's office of the coun- 12 ty where the property is located. The form must be acknowledged and 13 recorded before your death, or it has no effect. 14 How do I find the "legal description" of the property? 15 This information may be on the TOD deed. It may also be available in the 16 county clerk's office of the county where the property is located. If 17 you are not absolutely sure, consult a lawyer. 18 How do I "record" the form? 19 Take the completed and acknowledged form to the county clerk's office of 20 the county where the property is located. Follow the instructions given 21 by the county clerk to make the form part of the official property 22 records. If the property is located in more than one county, you should 23 record the form in each of those counties. 24 I am being pressured to complete this form. What should I do? 25 Do not complete this form under pressure. Seek help from a trusted fami- 26 ly member, friend, or lawyer. 27 I have other questions about this form. What should I do? 28 This form is designed to fit some but not all situations. If you have 29 other questions, consult a lawyer. 30 § 13. This act shall take effect on the ninetieth day after it shall 31 have become a law, provided that section 424 of the real property law, 32 as added by section twelve of this act, shall apply to any transfer on 33 death deed made before, on, or after the effective date of this act by a 34 transferor dying on or after the effective date of this act. 35 PART P 36 Intentionally OmittedS. 8306--C 50 A. 8806--C 1 PART Q 2 Section 1. Subdivision 3 of section 26 of the multiple dwelling law, 3 as amended by chapter 748 of the laws of 1961, is amended to read as 4 follows: 5 3. Floor area ratio (FAR). The floor area ratio (FAR) of any dwelling 6 or dwellings on a lot shall not exceed 12.0, except [that a]: 7 a. A fireproof class B dwelling in which six or more passenger eleva- 8 tors are maintained and operated in any city having a local zoning law, 9 ordinance or resolution restricting districts in such city to residen- 10 tial use, may be erected in accordance with the provisions of such 11 zoning law, ordinance or resolution, if such class B dwelling is erected 12 in a district no part of which is restricted by such zoning law, ordi- 13 nance or resolution to residential uses. 14 b. In a city with a population of one million or more, the permitted 15 floor area ratio (FAR) of any dwelling or dwellings on a lot may exceed 16 12.0 provided that: 17 (1) such city approves any increase in such permitted floor area ratio 18 (FAR) in accordance with local requirements for public review of land 19 use actions including, where applicable, such city's uniform land use 20 review procedure; 21 (2) such city designates the lot where such dwelling or dwellings are 22 located as subject to a program established in the zoning law, ordinance 23 or resolution of such city that mandates that any new housing on desig- 24 nated lots include minimum percentages of permanently affordable housing 25 equivalent to or exceeding the requirements under any mandatory inclu- 26 sionary housing program; 27 (3) such dwelling or dwellings are not located on the same zoning lot 28 as a building occupied in whole or in part for joint living-work quar- 29 ters for artists pursuant to article seven-B of this chapter, or on the 30 same zoning lot as a building subject to article seven-C of this chap- 31 ter; 32 (4) such dwelling or dwellings are not located within an area desig- 33 nated by such city as a historic district; 34 (5) no multiple dwelling with a floor area ratio (FAR) exceeding 12.0 35 shall be newly constructed on or after the effective date of the chapter 36 of the laws of two thousand twenty-four that amended this subdivision on 37 any zoning or tax lot that contains a dwelling or multiple dwelling with 38 a floor area ratio (FAR) below 12.0 unless such dwelling or multiple 39 dwelling with a floor area ratio (FAR) below 12.0 complies with the 40 requirements of section 27-2093.1 of the administrative code of the city 41 of New York, or any successor law or program relating to the issuance of 42 certificates of no harassment as defined in such section, in accordance 43 with terms of such section or successor law or program, provided that 44 nothing in this paragraph shall affect the application of such section 45 to any other building; and 46 (6) the owner of a dwelling or dwellings that are demolished or 47 removed to construct a multiple dwelling with a floor area ratio (FAR) 48 exceeding 12.0 shall offer, to each household who occupied such a dwell- 49 ing unit within the six months preceding such demolition or removal, 50 financial compensation equal to one month's rent for every year of 51 lawful tenancy in such dwelling unit, not to exceed six months, or a 52 lease in a comparable unit at a comparable rent in a decent, safe, and 53 sanitary dwelling in an area not generally less desirable in regard to 54 public utilities and public and commercial facilities.S. 8306--C 51 A. 8806--C 1 c. In a city with a population of one million or more, a general 2 project plan adopted by the New York state urban development corporation 3 for a project may permit a floor area ratio (FAR) of any dwelling or 4 dwellings on a lot to exceed 12.0 provided that: 5 (1) not less than twenty-five percent of any rental dwelling units in 6 such project, upon initial rental and upon each subsequent rental 7 following a vacancy, are affordable to and restricted to occupancy by 8 individuals or families whose household income does not exceed a weight- 9 ed average of eighty percent of the area median income, adjusted for 10 family size, at the time such households initially occupy such dwelling 11 units; 12 (2) such dwelling or dwellings are not located on the same zoning lot 13 as a building occupied in whole or in part for joint living-work quar- 14 ters for artists pursuant to article seven-B of this chapter, or on the 15 same zoning lot as a building subject to article seven-C of this chap- 16 ter; 17 (3) such dwelling or dwellings are not located within an area desig- 18 nated by such city as a historic district; 19 (4) no multiple dwelling with a floor area ratio (FAR) exceeding 12.0 20 shall be newly constructed on or after the effective date of the chapter 21 of the laws of two thousand twenty-four that amended this subdivision on 22 any zoning or tax lot that contains a dwelling or multiple dwelling with 23 a floor area ratio (FAR) below 12.0 unless such dwelling or multiple 24 dwelling with a floor area ratio (FAR) below 12.0 complies with the 25 requirements of section 27-2093.1 of the administrative code of the city 26 of New York, or any successor law or program relating to the issuance of 27 certificates of no harassment as defined in such section, in accordance 28 with terms of such section or successor law or program, provided that 29 nothing in this paragraph shall affect the application of such section 30 to any other building; and 31 (5) the New York state urban development corporation shall not be 32 empowered to undertake the acquisition, construction, reconstruction, 33 rehabilitation or improvement of a project pursuant to this paragraph 34 unless the New York state urban development corporation finds that there 35 is a feasible method for the relocation of families and individuals 36 displaced from the project area into decent, safe and sanitary dwell- 37 ings, which are or will be provided in the project area or in other 38 areas not generally less desirable in regard to public utilities and 39 public and commercial facilities, at rents or prices within the finan- 40 cial means of such families or individuals, and reasonably accessible to 41 their places of employment. Insofar as is feasible, the New York state 42 urban development corporation shall offer housing accommodations to such 43 families and individuals in residential projects of the New York state 44 urban development corporation. The New York state urban development 45 corporation may render to business and commercial tenants and to fami- 46 lies or other persons displaced from the project area, such assistance 47 as it may deem necessary to enable them to relocate. 48 § 2. This act shall take effect immediately. 49 PART R 50 Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the 51 labor law, as added by section 1 of part FFF of chapter 58 of the laws 52 of 2020, are amended and a new paragraph e is added to read as follows: 53 c. Money loaned by the public entity that is to be repaid on a contin- 54 gent basis; [or]S. 8306--C 52 A. 8806--C 1 d. Credits that are applied by the public entity against repayment of 2 obligations to the public entity[.]; or 3 e. Benefits under section four hundred sixty-seven-m of the real prop- 4 erty tax law. 5 § 2. The real property tax law is amended by adding a new section 6 467-m to read as follows: 7 § 467-m. Exemption from local real property taxation of certain multi- 8 ple dwellings in a city having a population of one million or more. 1. 9 Definitions. For purposes of this section, the following terms shall 10 have the following meanings: 11 a. "Affordable housing from commercial conversions tax incentive bene- 12 fits" hereinafter referred to as "AHCC program benefits", shall mean the 13 exemption from real property taxation authorized pursuant to this 14 section. 15 b. "Affordability requirement" shall mean that within any eligible 16 multiple dwelling: (i) not less than twenty-five percent of the dwelling 17 units are affordable housing units; (ii) not less than five percent of 18 the dwelling units are affordable housing forty percent units; (iii) the 19 weighted average of all income bands for all of the affordable housing 20 units does not exceed eighty percent of the area median income, adjusted 21 for family size; (iv) there are no more than three income bands for all 22 of the affordable housing units; and (v) no income band for affordable 23 housing units exceeds one hundred percent of the area median income, 24 adjusted for family size. 25 c. "Affordable housing forty percent unit" shall mean a dwelling unit 26 that: (i) is situated within the eligible multiple dwelling for which 27 AHCC program benefits are granted; and (ii) upon initial rental and upon 28 each subsequent rental following a vacancy during the restriction peri- 29 od, is affordable to and restricted to occupancy by individuals or fami- 30 lies whose household income does not exceed forty percent of the area 31 median income, adjusted for family size, at the time that such household 32 initially occupies such dwelling unit. 33 d. "Affordable housing unit" shall mean, collectively and individual- 34 ly: (i) an affordable housing forty percent unit; and (ii) any other 35 unit that meets the affordability requirement upon initial rental and 36 upon each subsequent rental following a vacancy during the restriction 37 period, and is affordable to and restricted to occupancy by individuals 38 or families whose household income does not exceed the income bands 39 established in conjunction with such affordability requirement. 40 e. "Agency" shall mean the New York city department of housing preser- 41 vation and development. 42 f. "Application" shall mean an application for AHCC program benefits. 43 g. "Building service employee" shall mean any person who is regularly 44 employed at, and performs work in connection with the care or mainte- 45 nance of, an eligible multiple dwelling, including, but not limited to, 46 a watchman, guard, doorman, building cleaner, porter, handyman, janitor, 47 gardener, groundskeeper, elevator operator and starter, and window 48 cleaner, but not including persons regularly scheduled to work fewer 49 than eight hours per week at such eligible multiple dwelling. 50 h. "Commencement date" shall mean, with respect to an eligible conver- 51 sion, the date upon which a permit is issued by the local department of 52 buildings for alterations that require the issuance of a new certificate 53 of occupancy, provided that such alterations constitute an eligible 54 conversion. 55 i. "Completion date" shall mean the date upon which the local depart- 56 ment of buildings issues the first temporary or permanent certificate ofS. 8306--C 53 A. 8806--C 1 occupancy covering all residential areas of an eligible multiple dwell- 2 ing. 3 j. "Construction period" shall mean, with respect to any eligible 4 multiple dwelling, a period: (i) beginning on the later of the commence- 5 ment date or three years before the completion date; and (ii) ending on 6 the day preceding the completion date. 7 k. "Dwelling" or "dwellings" shall have the same meaning as set forth 8 in subdivision four of section four of the multiple dwelling law. 9 l. "Eligible conversion" shall mean the conversion of a non-residen- 10 tial building, except a hotel or other class B multiple dwelling, to an 11 eligible multiple dwelling. 12 m. "Eligible multiple dwelling" shall mean a multiple dwelling which 13 was subject to an eligible conversion in which: (i) all dwelling units 14 included in any application are operated as rental housing; (ii) six or 15 more dwelling units have been created through an eligible conversion; 16 (iii) the commencement date is after December thirty-first, two thousand 17 twenty-two and on or before June thirtieth, two thousand thirty-one; and 18 (iv) the completion date is on or before December thirty-first, two 19 thousand thirty-nine. 20 n. "Fiscal officer" shall mean the comptroller or other analogous 21 officer in a city having a population of one million or more. 22 o. "Floor area" shall mean the horizontal areas of the several floors, 23 or any portion thereof, of a dwelling or dwellings, and accessory struc- 24 tures on a lot measured from the exterior faces of exterior walls, or 25 from the center line of party walls. 26 p. "Income band" shall mean a percentage of the area median income, 27 adjusted for family size, that is a multiple of ten percent. 28 q. "Manhattan prime development area" shall mean any tax lot now 29 existing or hereafter created which is located entirely south of 96th 30 street in the borough of Manhattan. 31 r. "Market unit" shall mean a dwelling unit in an eligible multiple 32 dwelling other than an affordable housing unit. 33 s. "Marketing band" shall mean maximum rent amounts ranging from twen- 34 ty percent to thirty percent of the area median income or income band, 35 respectively, that is applicable to a specific affordable housing unit. 36 t. "Multiple dwelling" shall have the same meaning as set forth in 37 subdivision seven of section four of the multiple dwelling law. 38 u. "Non-residential building" shall mean a structure or portion of a 39 structure, except a hotel or other class B multiple dwelling, having at 40 least one floor, a roof and at least three walls enclosing all or most 41 of the space used in connection with the structure or portion of the 42 structure, which has a certificate of occupancy for commercial, manufac- 43 turing or other non-residential use for not less than ninety percent of 44 the aggregate floor area of such structure or portion of such structure, 45 or other proof of such non-residential use as is acceptable to the agen- 46 cy. 47 v. "Non-residential tax lot" shall mean a tax lot that does not 48 contain any dwelling units. 49 w. "Rent stabilization" shall mean, collectively, the rent stabiliza- 50 tion law of nineteen hundred sixty-nine, the rent stabilization code, 51 and the emergency tenant protection act of nineteen seventy-four, all as 52 in effect as of the effective date of this section or as amended there- 53 after, together with any successor statutes or regulations addressing 54 substantially the same subject matter. 55 x. "Residential tax lot" shall mean a tax lot that contains dwelling 56 units.S. 8306--C 54 A. 8806--C 1 y. "Restriction period" shall mean a period commencing on the 2 completion date and extending in perpetuity, notwithstanding any earlier 3 termination or revocation of AHCC program benefits. 4 z. "Thirty-five year benefit shall mean: (i) for the construction 5 period, a one hundred percent exemption from real property taxation, 6 other than assessments for local improvements; (ii) for the first thirty 7 years of the restriction period; (A) within the Manhattan prime develop- 8 ment area, a ninety percent exemption from real property taxation, other 9 than assessments for local improvements; and (B) outside of the Manhat- 10 tan prime development area, a sixty-five percent exemption from real 11 property taxation, other than assessments for local improvements; (iii) 12 for the thirty-first year of the restriction period, (A) within the 13 Manhattan prime development area, an eighty percent exemption from real 14 property taxation, other than assessments for local improvements; and 15 (B) outside of the Manhattan prime development area, a fifty percent 16 exemption from real property taxation, other than assessments for local 17 improvements; (iv) for the thirty-second year of the restriction period, 18 (A) within the Manhattan prime development area, a seventy percent 19 exemption from real property taxation, other than assessments for local 20 improvements; and (B) outside of the Manhattan prime development area, a 21 forty percent exemption from real property taxation, other than assess- 22 ments for local improvements; (v) for the thirty-third year of the 23 restriction period, (A) within the Manhattan prime development area, a 24 sixty percent exemption from real property taxation, other than assess- 25 ments for local improvements; and (B) outside of the Manhattan prime 26 development area, a thirty percent exemption from real property taxa- 27 tion, other than assessments for local improvements; (vi) for the thir- 28 ty-fourth year of the restriction period; (A) within the Manhattan prime 29 development area, a fifty percent exemption from real property taxation, 30 other than assessments for local improvements; and (B) outside of the 31 Manhattan prime development area, a twenty percent exemption from real 32 property taxation, other than assessments for local improvements; and 33 (vii) for the thirty-fifth year of the restriction period, (A) within 34 the Manhattan prime development area, a forty percent exemption from 35 real property taxation, other than assessments for local improvements; 36 and (B) outside of the Manhattan prime development area, a ten percent 37 exemption from real property taxation, other than assessments for local 38 improvements. 39 aa. "Thirty year benefit" shall mean: (i) for the construction period, 40 a one hundred percent exemption from real property taxation, other than 41 assessments for local improvements; (ii) for the first twenty-five years 42 of the restriction period, (A) within the Manhattan prime development 43 area, a ninety percent exemption from real property taxation, other than 44 assessments for local improvements; and (B) outside of the Manhattan 45 prime development area, a sixty-five percent exemption from real proper- 46 ty taxation, other than assessments for local improvements; (iii) for 47 the twenty-sixth year of the restriction period, (A) within the Manhat- 48 tan prime development area, an eighty percent exemption from real prop- 49 erty taxation, other than assessments for local improvements; and (B) 50 outside of the Manhattan prime development area, a fifty percent 51 exemption from real property taxation, other than assessments for local 52 improvements; (iv) for the twenty-seventh year of the restriction peri- 53 od, (A) within the Manhattan prime development area, a seventy percent 54 exemption from real property taxation, other than assessments for local 55 improvements; and (B) outside of the Manhattan prime development area, a 56 forty percent exemption from real property taxation, other than assess-S. 8306--C 55 A. 8806--C 1 ments for local improvements; (v) for the twenty-eighth year of the 2 restriction period, (A) within the Manhattan prime development area, a 3 sixty percent exemption from real property taxation, other than assess- 4 ments for local improvements; and (B) outside of the Manhattan prime 5 development area, a thirty percent exemption from real property taxa- 6 tion, other than assessments for local improvements; (vi) for the twen- 7 ty-ninth year of the restriction period, (A) within the Manhattan prime 8 development area, a fifty percent exemption from real property taxation, 9 other than assessments for local improvements; and (B) outside of the 10 Manhattan prime development area, a twenty percent exemption from real 11 property taxation, other than assessments for local improvements; and 12 (vii) for the thirtieth year of the restriction period, (A) within the 13 Manhattan prime development area, a forty percent exemption from real 14 property taxation, other than assessments for local improvements; and 15 (B) outside of the Manhattan prime development area, a ten percent 16 exemption from real property taxation, other than assessments for local 17 improvements. 18 bb. "Twenty-five year benefit" shall mean: (i) for the construction 19 period, a one hundred percent exemption from real property taxation, 20 other than assessments for local improvements; (ii) for the first twenty 21 years of the restriction period; (A) within the Manhattan prime develop- 22 ment area, a ninety percent exemption from real property taxation, other 23 than assessments for local improvements; and (B) outside of the Manhat- 24 tan prime development area, a sixty-five percent exemption from real 25 property taxation, other than assessments for local improvements; (iii) 26 for the twenty-first year of the restriction period, (A) within the 27 Manhattan prime development area, an eighty percent exemption from real 28 property taxation, other than assessments for local improvements; and 29 (B) outside of the Manhattan prime development area, a fifty percent 30 exemption from real property taxation, other than assessments for local 31 improvements; (iv) for the twenty-second year of the restriction period, 32 (A) within the Manhattan prime development area, a seventy percent 33 exemption from real property taxation, other than assessments for local 34 improvements; and (B) outside of the Manhattan prime development area, a 35 forty percent exemption from real property taxation, other than assess- 36 ments for local improvements; (v) for the twenty-third year of the 37 restriction period, (A) within the Manhattan prime development area, a 38 sixty percent exemption from real property taxation, other than assess- 39 ments for local improvements; and (B) outside of the Manhattan prime 40 development area, a thirty percent exemption from real property taxa- 41 tion, other than assessments for local improvements; (vi) for the twen- 42 ty-fourth year of the restriction period, (A) within the Manhattan prime 43 development area, a fifty percent exemption from real property taxation, 44 other than assessments for local improvements; and (B) outside of the 45 Manhattan prime development area, a twenty percent exemption from real 46 property taxation, other than assessments for local improvements; and 47 (vii) for the twenty-fifth year of the restriction period, (A) within 48 the Manhattan prime development area, a forty percent exemption from 49 real property taxation, other than assessments for local improvements; 50 and (B) outside of the Manhattan prime development area, a ten percent 51 exemption from real property taxation, other than assessments for local 52 improvements. 53 2. Benefit. In cities having a population of one million or more, 54 notwithstanding the provisions of any other general, special or local 55 law to the contrary, a new eligible multiple dwelling, except a hotel, 56 that complies with the provisions of this section shall be exempt fromS. 8306--C 56 A. 8806--C 1 real property taxation, other than assessments for local improvements, 2 in the amounts and for the periods specified in this section, provided 3 that such eligible multiple dwelling is used or held out for use for 4 dwelling purposes. An eligible multiple dwelling that has a commence- 5 ment date on or before June thirtieth, two thousand twenty-six shall 6 receive a thirty-five year benefit; an eligible multiple dwelling that 7 has a commencement date on or before June thirtieth, two thousand twen- 8 ty-eight shall receive a thirty year benefit; and an eligible multiple 9 dwelling that has a commencement date on or before June thirtieth, two 10 thousand thirty-one shall receive a twenty-five year benefit. 11 3. Tax payments. In addition to any other amounts payable pursuant to 12 this section, the owner of any eligible multiple dwelling receiving AHCC 13 program benefits shall pay, in each tax year in which such AHCC program 14 benefits are in effect, all assessments for local improvements. 15 4. Limitation on benefits for non-residential space. If the aggregate 16 floor area of commercial, community facility and accessory use space in 17 an eligible multiple dwelling exceeds twelve percent of the aggregate 18 floor area in such eligible multiple dwelling, any AHCC program benefits 19 shall be reduced by a percentage equal to such excess. If an eligible 20 multiple dwelling contains multiple tax lots, the tax arising out of 21 such reduction in AHCC program benefits shall first be apportioned pro 22 rata among any non-residential tax lots. After any such non-residential 23 tax lots are fully taxable, the remainder of the tax arising out of such 24 reduction in AHCC program benefits, if any, shall be apportioned pro 25 rata among the remaining residential tax lots. For the purposes of this 26 section, accessory use space shall not include home occupation space or 27 accessory parking space located not more than twenty-three feet above 28 the curb level. 29 5. Application of benefit. Based on the certification of the agency 30 certifying eligibility for AHCC program benefits, the department of 31 finance shall determine the amount of the exemption pursuant to subdivi- 32 sions two and four of this section and shall apply the exemption to the 33 assessed value of the eligible multiple dwelling. 34 6. Affordability requirements. An eligible multiple dwelling shall 35 comply with the affordability requirement defined in paragraph b of 36 subdivision one of this section during the restriction period. An eligi- 37 ble multiple dwelling shall also comply with the following requirements 38 during the restriction period: 39 a. All affordable housing units in an eligible multiple dwelling shall 40 share the same common entrances and common areas as rental market rate 41 units in such eligible multiple dwelling and shall not be isolated to a 42 specific floor or area of an eligible multiple dwelling. Common 43 entrances shall mean any means of ingress or egress regularly used by 44 any resident of a rental dwelling unit in the eligible multiple dwell- 45 ing. 46 b. Unless preempted by the requirements of a federal, state or local 47 housing program, either: (i) the affordable housing units in an eligible 48 multiple dwelling shall have a unit mix proportional to the rental 49 market units; or (ii) at least fifty percent of the affordable housing 50 units in an eligible multiple dwelling shall have two or more bedrooms 51 and no more than twenty-five percent of the affordable housing units 52 shall have less than one bedroom. 53 c. Notwithstanding any provision of rent stabilization to the contra- 54 ry: (i) all affordable housing units shall remain fully subject to rent 55 stabilization during the restriction period; and (ii) any affordable 56 housing unit occupied by a tenant that has been approved by the agencyS. 8306--C 57 A. 8806--C 1 prior to the agency's denial of an eligible multiple dwelling's applica- 2 tion for AHCC program benefits shall remain subject to rent stabiliza- 3 tion until such tenant vacates such affordable housing unit. 4 d. All rent stabilization registrations required to be filed shall 5 contain a designation that specifically identifies affordable housing 6 units created pursuant to this section as "AHCC program affordable hous- 7 ing units" and shall contain an explanation of the requirements that 8 apply to all such affordable housing units. 9 e. Failure to comply with the provisions of this subdivision that 10 require the creation, maintenance, rent stabilization compliance, and 11 occupancy of affordable housing units shall result in revocation of AHCC 12 program benefits. 13 f. Nothing in this section shall: (i) prohibit the occupancy of an 14 affordable housing unit by individuals or families whose income at any 15 time is less than the maximum percentage of the area median income or 16 income band, as applicable, adjusted for family size, specified for such 17 affordable housing unit pursuant to this section; or (ii) prohibit the 18 owner of an eligible multiple dwelling from requiring, upon initial 19 rental or upon any rental following a vacancy, the occupancy of any 20 affordable housing unit by such lower income individuals or families. 21 g. Following issuance of a temporary certificate of occupancy and upon 22 each vacancy thereafter, an affordable housing unit shall promptly be 23 offered for rental by individuals or families whose income does not 24 exceed the maximum percentage of the area median income or income band, 25 as applicable, adjusted for family size, specified for such affordable 26 housing unit pursuant to this section and who intend to occupy such 27 affordable housing unit as their primary residence. An affordable hous- 28 ing unit shall not be: (i) rented to a corporation, partnership or other 29 entity; or (ii) held off the market for a period longer than is reason- 30 ably necessary to perform repairs needed to make such affordable housing 31 unit available for occupancy. 32 h. An affordable housing unit shall not be rented on a temporary, 33 transient or short-term basis. Every lease and renewal thereof for an 34 affordable housing unit shall be for a term of one or two years, at the 35 option of the tenant. 36 i. An affordable housing unit shall not be converted to cooperative or 37 condominium ownership. 38 j. The agency may establish by rule such requirements as the agency 39 deems necessary or appropriate for: (i) the marketing of affordable 40 housing units, both upon initial occupancy and upon any vacancy; (ii) 41 monitoring compliance with the provisions of this subdivision; (iii) the 42 establishment of marketing bands for affordable housing units; 43 (iv) identifying the permit or permits required for the determination 44 of the commencement date under this section; and 45 (v) specifying the legal instrument by which the marketing, afforda- 46 bility, rent stabilization, permitted rent, and any other requirement 47 associated with this benefit will be recorded and enforced. Such 48 requirements may include, but need not be limited to, retaining a moni- 49 tor approved by the agency and paid for by the owner of the eligible 50 multiple dwelling. 51 k. Notwithstanding any provision of this section to the contrary, a 52 market unit shall not be subject to rent stabilization unless, in the 53 absence of AHCC program benefits, the unit would be subject to rent 54 stabilization. 55 7. Building service employees. a. For the purposes of this subdivi- 56 sion, (i) "applicant" shall mean an applicant for AHCC program benefitsS. 8306--C 58 A. 8806--C 1 and/or any successor to such applicant; and (ii) "covered building 2 service employer" shall mean any applicant and/or any employer of build- 3 ing service employees for such applicant including, but not limited to, 4 a property management company or contractor. 5 b. All building service employees employed by the covered building 6 service employer at the eligible multiple dwelling shall receive the 7 applicable prevailing wage for the duration of the benefit period, 8 regardless of whether such benefits provided pursuant to this section 9 are revoked or terminated. 10 c. The fiscal officer shall have the power to enforce the provisions 11 of this subdivision. In enforcing such provisions, the fiscal officer 12 shall have the power: (i) to investigate or cause an investigation to be 13 made to determine the prevailing wages for building service employees, 14 and in making such investigation, the fiscal officer may utilize wage 15 and fringe benefit data from various sources, including, but not limited 16 to, data and determinations of federal, state or other governmental 17 agencies; provided, however, that the provision of a dwelling unit shall 18 not be considered wages or a fringe benefit; (ii) to institute and 19 conduct inspections at the site of the work or elsewhere; (iii) to exam- 20 ine the books, documents and records pertaining to the wages paid to, 21 and the hours of work performed by, building service employees; (iv) to 22 hold hearings and, in connection therewith, to issue subpoenas, the 23 enforcement of which shall be regulated by the civil practice law and 24 rules, administer oaths and examine witnesses; (v) to make a classifica- 25 tion by craft, trade or other generally recognized occupational category 26 of the building service employees and to determine whether such work has 27 been performed by the building service employees in such classification; 28 (vi) to require the applicant to file with the fiscal officer a record 29 of the wages actually paid to the building service employees and of 30 their hours of work; (vii) to delegate any of the foregoing powers to 31 his or her deputy or other authorized representative; (viii) to promul- 32 gate rules as he or she shall consider necessary for the proper 33 execution of the duties, responsibilities and powers conferred upon him 34 or her by the provisions of this subdivision; and (ix) to prescribe 35 appropriate sanctions for failure to comply with the provisions of this 36 subdivision. For each violation of paragraph b of this subdivision, the 37 fiscal officer may require the payment of (A) back wages and fringe 38 benefits; (B) liquidated damages up to three times the amount of the 39 back wages and fringe benefits for willful violations; and/or (C) 40 reasonable attorneys' fees. If the fiscal officer finds that the appli- 41 cant has failed to comply with the provisions of this subdivision, he or 42 she shall present evidence of such non-compliance to the agency. 43 d. Paragraph b of this subdivision shall not be applicable to: (i) an 44 eligible multiple dwelling containing less than thirty dwelling units; 45 or (ii) an eligible multiple dwelling whose eligible conversion is 46 carried out with the substantial assistance of grants, loans or subsi- 47 dies provided by a federal, state or local governmental agency or 48 instrumentality pursuant to a program for the development of affordable 49 housing. 50 e. The applicant shall submit a sworn affidavit with its application 51 certifying that it shall ensure compliance with the requirements of this 52 subdivision or is exempt in accordance with paragraph d of this subdivi- 53 sion. Upon the agency's approval of such application, the applicant who 54 is not exempt in accordance with paragraph d of this subdivision shall 55 submit annually a sworn affidavit to the fiscal officer certifying that 56 it shall ensure compliance with the requirements of this subdivision.S. 8306--C 59 A. 8806--C 1 f. The agency shall annually publish a list of all eligible sites 2 subject to the requirements of this subdivision and the affidavits 3 required pursuant to paragraph e of this subdivision. 4 g. If a covered building service employer has committed three 5 violations of the requirements of paragraph (b) of this subdivision with 6 respect to the same eligible multiple dwelling within a five-year peri- 7 od, the agency may revoke any benefits associated with such eligible 8 multiple dwelling under this section. For purposes of this paragraph, a 9 "violation" of paragraph (b) of this subdivision shall be deemed a find- 10 ing by the fiscal officer that a covered building service employer has 11 failed to comply with paragraph (b) of this subdivision and has failed 12 to cure the deficiency within three months of such finding. Provided, 13 however, that after a second such violation, the applicant shall be 14 notified that any further violation may result in the revocation of 15 benefits under this section and that the fiscal officer shall publish on 16 its website a list of all applicants with two violations as defined in 17 this paragraph. If benefits are terminated or revoked for failure to 18 comply with this subdivision all of the affordable housing units shall 19 remain subject to rent stabilization and all other requirements of this 20 section for the duration of the restriction period, regardless of wheth- 21 er such benefits have been terminated or revoked. 22 8. Concurrent exemptions or abatements. An eligible multiple dwelling 23 receiving AHCC program benefits shall not receive any exemption from or 24 abatement of real property taxation under any other law. 25 9. Voluntary renunciation or termination. Notwithstanding the 26 provisions of any general, special or local law to the contrary, an 27 owner shall not be entitled to voluntarily renounce or terminate AHCC 28 program benefits unless the agency authorizes such renunciation or 29 termination in connection with the commencement of a tax exemption 30 pursuant to the private housing finance law or section four hundred 31 twenty-c of this title. 32 10. Termination or revocation. The agency may terminate or revoke AHCC 33 program benefits for failure to comply with this section. All of the 34 affordable housing units shall remain subject to rent stabilization and 35 all other requirements of this section for the duration of the 36 restriction period, regardless of whether such benefits have been termi- 37 nated or revoked. 38 11. Powers cumulative. The enforcement provisions of this section 39 shall not be exclusive, and are in addition to any other rights, reme- 40 dies or enforcement powers set forth in any other law or available at 41 law or in equity. 42 12. Multiple tax lots. If an eligible multiple dwelling contains 43 multiple tax lots, an application may be submitted with respect to one 44 or more of such tax lots. The agency shall determine eligibility for 45 AHCC program benefits based upon the tax lots included in such applica- 46 tion and benefits for each such eligible multiple dwelling shall be 47 based upon the completion date of each such multiple dwelling. 48 13. Applications. a. The application with respect to any eligible 49 multiple dwelling shall be filed with the agency no earlier than the 50 completion date and not later than one year after the completion date of 51 such eligible multiple dwelling. 52 b. Notwithstanding the provisions of any general, special, or local 53 law to the contrary, the agency may require by rule that applications be 54 filed electronically. 55 c. The agency may rely on certification by an architect or engineer 56 submitted by an applicant in connection with the filing of an applica-S. 8306--C 60 A. 8806--C 1 tion. A false certification by such architect or engineer shall be 2 deemed to be professional misconduct pursuant to section sixty-five 3 hundred nine of the education law. Any architect or engineer found 4 guilty of such misconduct under the procedures prescribed in section 5 sixty-five hundred ten of the education law shall be subject to the 6 penalties prescribed in section sixty-five hundred eleven of the educa- 7 tion law and shall thereafter be ineligible to submit a certification 8 pursuant to this section. 9 d. Such application shall also certify that all taxes, water charges, 10 and sewer rents currently due and owing on the property which is the 11 subject of the application have been paid or are currently being paid in 12 timely installments pursuant to a written agreement with the department 13 of finance or other appropriate agency. 14 14. Filing fee. The agency may require a filing fee of no less than 15 three thousand dollars per dwelling unit in connection with any applica- 16 tion, except that the agency may promulgate rules: 17 a. imposing a lesser fee for an eligible multiple dwelling whose 18 eligible conversion is carried out with the substantial assistance of 19 grants, loans or subsidies provided by a federal, state or local govern- 20 mental agency or instrumentality pursuant to a program for the develop- 21 ment of affordable housing; and 22 b. requiring a portion of the filing fee to be paid upon the 23 submission of the information the agency requires in advance of approv- 24 ing the commencement of the marketing process for such eligible conver- 25 sion. 26 15. Multiple residence. A non-residential building undergoing an 27 eligible conversion shall be considered a multiple residence during the 28 construction period. 29 16. Rules. Except as provided in subdivision seven of this section, 30 the agency shall have the sole authority to enforce the provisions of 31 this section and may promulgate rules to carry out the provisions of 32 this section. 33 17. Penalties for violations of affordability requirements. a. On or 34 after the expiration date of the benefit provided pursuant to this 35 section, the agency may impose, after notice and an opportunity to be 36 heard, a penalty for any violation by an eligible multiple dwelling of 37 the affordability requirements of subdivision six of this section. 38 b. A penalty imposed under this subdivision shall be computed as a 39 percentage of the capitalized value of all AHCC program benefits on the 40 eligible multiple dwelling, calculated as of the first year that bene- 41 fits were granted, not to exceed one thousand percent. The agency shall 42 establish a schedule and method of calculation of such penalties pursu- 43 ant to subdivision sixteen of this section. 44 c. A penalty imposed under this subdivision shall be imposed against 45 the owner of the eligible multiple dwelling at the time the violation 46 occurred, even if such owner no longer owns such eligible multiple 47 dwelling at the time of the agency's determination. 48 d. A person or entity who fails to pay a penalty imposed pursuant to 49 this subdivision shall be guilty of a misdemeanor punishable by impri- 50 sonment not to exceed six months. 51 § 3. This act shall take effect immediately. 52 PART S 53 Section 1. The multiple dwelling law is amended by adding a new arti- 54 cle 7-D to read as follows:S. 8306--C 61 A. 8806--C 1 ARTICLE 7-D 2 LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS 3 Section 288. Definitions. 4 289. Basement and cellar local laws and regulations. 5 290. Tenant protections in inhabited basement dwelling units and 6 inhabited cellar dwelling units. 7 § 288. Definitions. As used in this article, the following terms shall 8 have the following meanings: 9 1. The term "community district" shall refer to a community district 10 as established pursuant to chapter sixty-nine of the New York city char- 11 ter. 12 2. The term "inhabited basement dwelling unit" means a basement unlaw- 13 fully occupied as a residence by one or more tenants on or prior to the 14 effective date of this article, provided that such inhabited basement 15 dwelling unit is located in any of the community districts specified in 16 subdivision four of section two hundred eighty-nine of this article; 17 3. The term "inhabited cellar dwelling unit" means a cellar unlawfully 18 occupied as a residence by one or more tenants on or prior to the effec- 19 tive date of this article, provided that such inhabited cellar dwelling 20 unit is located in any of the community districts specified in subdivi- 21 sion four of section two hundred eighty-nine of this article; 22 4. The term "rented" means leased, let, or hired out, with or without 23 a written agreement; and 24 5. The term "tenant" means an individual to whom an inhabited basement 25 dwelling unit or an inhabited cellar dwelling unit is rented. 26 § 289. Basement and cellar local laws and regulations. 1. Notwith- 27 standing any other provision of this chapter to the contrary, in a city 28 with a population of one million or more, the local legislative body 29 may, by local law, establish a pilot program to address, (a) the legali- 30 zation of specified inhabited basement dwelling units and inhabited 31 cellar dwelling units in existence prior to the effective date of this 32 article through conversion to legal dwelling units, or (b) the conver- 33 sion of other specified basement and cellar dwelling units in existence 34 prior to the effective date of this article to legal dwelling units, 35 provided that any such other specified basement and cellar dwelling unit 36 in existence prior to the effective date of this article is located in 37 any of the community districts specified in subdivision four of this 38 section. The local law authorized by this section, and any rules or 39 regulations promulgated thereunder, shall be protective of health and 40 safety according to standards established in consultation with the fire 41 department of the city of New York, department of buildings, and office 42 of emergency management. The local law shall further provide that any 43 application to legalize or convert a basement or cellar dwelling unit to 44 a legal dwelling unit located within a flood hazard area as defined in 45 section two hundred two of the city building code shall be subject to 46 additional health and safety standards. 47 The local law authorized by this section, and any rules or regulations 48 promulgated thereunder, shall not be subject to environmental review, 49 including environmental review conducted pursuant to article eight of 50 the environmental conservation law and any state and local regulations 51 promulgated thereunder. 52 2. (a) The pilot program established by such local law may provide to 53 an owner accepted into the program who converts an inhabited basement 54 dwelling unit or inhabited cellar dwelling unit in accordance with a 55 local law authorized by this article or who otherwise abates the illegal 56 occupancy of an inhabited basement dwelling unit or inhabited cellarS. 8306--C 62 A. 8806--C 1 dwelling unit, (i) freedom from any civil or administrative liability, 2 citations, fines, penalties, judgments or any other determinations of 3 or prosecution for civil violations of this chapter, other state law or 4 local law or rules, and the zoning resolution of such city, and (ii) 5 relief from any outstanding civil judgments issued in connection with 6 any such violation of such laws, rules or zoning resolution issued 7 before the effective date of this article. 8 (b) Provided, however, that the provisions of subparagraphs (i) and 9 (ii) of paragraph (a) of this subdivision shall only apply to violations 10 of such laws, rules, or zoning resolution that rendered an inhabited 11 basement dwelling unit or an inhabited cellar dwelling unit illegal 12 before the effective date of this article and the conduct constituting 13 such violation would not violate the local law adopted pursuant to this 14 article. 15 (c) Provided, further that such local law shall require that all 16 applications for conversions be filed by a date certain subsequent to 17 the effective date of this article, provided that such date shall not 18 exceed five years after the effective date of this article. 19 3. Such local law may provide that any provision of this chapter shall 20 not be applicable to provide for the alterations necessary for the 21 conversion of a specified inhabited basement dwelling unit or inhabited 22 cellar dwelling unit or other specified basement or cellar dwelling unit 23 in existence prior to the effective date into a lawful dwelling unit. 24 Any amendment of the zoning resolution necessary to enact such program 25 shall be subject to a public hearing at the planning commission of such 26 city, and approval by such commission and the legislative body of such 27 local government, provided, however, that it shall not require environ- 28 mental review, including environmental review conducted pursuant to 29 article eight of the environmental conservation law and any state and 30 local regulations promulgated thereunder, or any additional land use 31 review. 32 4. The program established by a local law enacted pursuant to this 33 section shall be applicable only within community districts selected by 34 the local legislative body from the following list: Bronx Community 35 District nine; Bronx Community District ten; Bronx Community District 36 eleven; Bronx Community District twelve; Brooklyn Community District 37 four; Brooklyn Community District ten; Brooklyn Community District elev- 38 en; Brooklyn Community District seventeen; Manhattan Community District 39 two; Manhattan Community District three; Manhattan Community District 40 nine; Manhattan Community District ten; Manhattan Community District 41 eleven; Manhattan Community District twelve; and Queens Community 42 District two. Prior to the adoption of the local law authorized by this 43 section, but no later than ninety days after the effective date of this 44 article, the community board of a community district named in this 45 subdivision may adopt and submit to the speaker of the city council a 46 resolution in support or opposition of the inclusion of the community 47 district in the program established by the local law authorized by this 48 article. 49 § 290. Tenant protections in inhabited basement dwelling units and 50 inhabited cellar dwelling units. 1. The program authorized by this 51 article shall require an application to make alterations to legalize an 52 inhabited basement dwelling unit or inhabited cellar dwelling unit be 53 accompanied by a certification indicating whether such unit was rented 54 to a tenant on the effective date of this article, notwithstanding 55 whether the occupancy of such unit was authorized by law. A city may not 56 use such certification as the basis for an enforcement action for ille-S. 8306--C 63 A. 8806--C 1 gal occupancy of such unit, provided that nothing contained in this 2 article shall be construed to limit such city from issuing a vacate 3 order for hazardous or unsafe conditions. 4 2. The local law authorized by this article shall provide that a 5 tenant in occupancy at the time of the effective date of this article, 6 who is evicted or otherwise removed from such unit as a result of an 7 alteration necessary to bring an inhabited basement dwelling unit or 8 inhabited cellar dwelling unit into compliance with the standards estab- 9 lished by the local law authorized by this article, shall have a right 10 of first refusal to return to such unit as a tenant upon its first 11 lawful occupancy as a legal dwelling unit, notwithstanding whether the 12 occupancy at the time of the effective date of this article was author- 13 ized by law. Such local law shall specify how to determine priority when 14 multiple tenants may claim such right. 15 3. A tenant unlawfully denied a right of first refusal to return to a 16 legal dwelling unit, as provided pursuant to the local law authorized by 17 this article, shall have a cause of action in any court of competent 18 jurisdiction for compensatory damages or declaratory and injunctive 19 relief as the court deems necessary in the interests of justice, 20 provided that such compensatory relief shall not exceed the annual 21 rental charges for such legal dwelling unit. 22 § 2. This act shall take effect immediately. 23 PART T 24 Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of 25 section 421-a of the real property tax law, as amended by section 3 of 26 part TTT of chapter 59 of the laws of 2017, is amended to read as 27 follows: 28 (xxviii) "Eligible multiple dwelling" shall mean either (1) a multiple 29 dwelling or homeownership project containing six or more dwelling units 30 created through new construction or eligible conversion for which the 31 commencement date is after December thirty-first, two thousand fifteen 32 and on or before June fifteenth, two thousand twenty-two, and for which 33 the completion date is on or before June fifteenth, two thousand twen- 34 ty-six, or (2) a multiple dwelling or homeownership project containing 35 six or more dwelling units created through new construction or eligible 36 conversion which complies with affordability option A, affordability 37 option B, affordability option D, affordability option E or affordabili- 38 ty option F, and for which the commencement date is after December thir- 39 ty-first, two thousand fifteen and on or before June fifteenth, two 40 thousand twenty-two, and for which the completion date is on or before 41 June fifteenth, two thousand thirty-one, provided that the owner of such 42 multiple dwelling or homeownership project submits a letter of intent on 43 a form to be promulgated by the New York city department of housing 44 preservation and development, to such department, within ninety days of 45 the date that such department promulgates such form. The New York city 46 department of housing preservation and development shall promulgate such 47 form no later than sixty days from the effective date of the chapter of 48 the laws of 2024 which amended this subparagraph. For the purposes of 49 this subparagraph, the term "letter of intent" means documentation 50 certifying that the owner of such multiple dwelling or homeownership 51 project outlined in this subparagraph intends to apply for the benefits 52 described in this section upon the construction completion date. The 53 New York city department of housing preservation and development shall 54 prescribe, and make available to the public, a "letter of intent form"S. 8306--C 64 A. 8806--C 1 by which owners may use to submit such letter of intent outlined in this 2 subparagraph. The New York city department of housing preservation and 3 development shall make information relating to letters of intent and 4 corresponding projects available to the public. 5 § 2. This act shall take effect immediately. 6 PART U 7 Section 1. The real property tax law is amended by adding a new 8 section 485-x to read as follows: 9 § 485-x. Affordable neighborhoods for New Yorkers tax incentive. 1. 10 Definitions. For purposes of this section: 11 (a) "Affordability option A" shall mean: 12 (i) for a large rental project, that, within any eligible site: (A) 13 not less than twenty-five percent of the dwelling units are affordable 14 housing units; (B) the weighted average of all income bands for all of 15 the affordable housing units does not exceed eighty percent of the area 16 median income, adjusted for family size; (C) there are no more than 17 three income bands for all of the affordable housing units; and (D) no 18 income band for affordable housing units exceeds one hundred percent of 19 the area median income, adjusted for family size; 20 (ii) for a very large rental project, that, within any eligible site: 21 (A) not less than twenty-five percent of the dwelling units are afforda- 22 ble housing units; (B) the weighted average of all income bands for all 23 of the affordable housing units does not exceed sixty percent of the 24 area median income, adjusted for family size; (C) there are no more than 25 three income bands for all of the affordable housing units; and (D) no 26 income band for affordable housing units exceeds one hundred percent of 27 the area median income, adjusted for family size. 28 (b) "Affordability option B" shall mean that, within any eligible 29 site: (i) not less than twenty percent of the dwelling units are 30 affordable housing units; (ii) the weighted average of all income bands 31 for all of the affordable housing units does not exceed eighty percent 32 of the area median income, adjusted for family size; (iii) there are no 33 more than three income bands for all of the affordable housing units; 34 and (iv) no income band for affordable housing units exceeds one hundred 35 percent of the area median income, adjusted for family size. 36 (c) "Affordability option C" shall mean that, within any eligible 37 site, not less than fifty percent of the dwelling units are subject to 38 rent stabilization for the restriction period. 39 (d) "Affordability option D" shall mean a homeownership project in 40 which one hundred percent of the units shall have an average assessed 41 value per square foot that does not exceed eighty-nine dollars upon the 42 first assessment following the completion date and where each owner of 43 any such unit shall agree, in writing, to maintain such unit as their 44 primary residence for no less than five years from the acquisition of 45 such unit. 46 (e) "Affordability percentage" shall mean a fraction, the numerator of 47 which is the number of affordable housing units in an eligible site and 48 the denominator of which is the total number of dwelling units in such 49 eligible site. 50 (f) "Affordable neighborhoods for New Yorkers tax incentive benefits 51 (hereinafter referred to as "ANNY Program benefits")" shall mean the 52 exemption from real property taxation pursuant to this section. 53 (g) "Affordable housing unit" shall mean a dwelling unit that: (i) is 54 situated within the eligible site for which ANNY Program benefits areS. 8306--C 65 A. 8806--C 1 granted; and (ii) upon initial rental and upon each subsequent rental 2 following a vacancy during the applicable restriction period, is afford- 3 able to and restricted to occupancy by a household whose income does not 4 exceed a prescribed percentage of the area median income, adjusted for 5 family size, at the time that such household initially occupies such 6 dwelling unit. 7 (h) "Agency" shall mean the department of housing preservation and 8 development. 9 (i) "Application" shall mean an application for ANNY Program benefits. 10 (j) "Building service employee" shall mean any person who is regularly 11 employed at, and performs work in connection with the care or mainte- 12 nance of, an eligible site, including, but not limited to, a watchper- 13 son, guard, doorperson, building cleaner, porter, handyperson, janitor, 14 gardener, groundskeeper, elevator operator and starter, and window 15 cleaner, but not including persons regularly scheduled to work fewer 16 than eight hours per week at the eligible site. 17 (k) "Collective bargaining agreement" shall mean an agreement entered 18 into pursuant to section eight-f or section nine-a of the National Labor 19 Relations Act (29 U.S.C. Sections 159(a) and 158(f)) between a contrac- 20 tor or subcontractor and a labor organization setting forth terms and 21 conditions of employment for those construction employees represented by 22 the labor organization and employed by the contractor or subcontractor 23 to perform construction work on an eligible site. 24 (l) "Commencement date" shall mean, with respect to any eligible 25 multiple dwelling, the date upon which excavation and construction of 26 initial footings and foundations lawfully begins in good faith or, for 27 an eligible conversion, the date upon which the actual construction of 28 the conversion, alteration or improvement of the pre-existing building 29 or structure lawfully begins in good faith. 30 (m) "Completion date" shall mean, with respect to any eligible multi- 31 ple dwelling, the date upon which the local department of buildings 32 issues the first temporary or permanent certificate of occupancy cover- 33 ing all residential areas of an eligible multiple dwelling. 34 (n) "Construction employee" shall mean any person performing 35 construction work who is a laborer, worker, or mechanic. 36 (o) "Construction period" shall mean, with respect to any eligible 37 multiple dwelling, a period: (i) beginning on the later of the commence- 38 ment date of such eligible multiple dwelling or three years before the 39 completion date of such eligible multiple dwelling; and (ii) ending on 40 the day preceding the completion date of such eligible multiple dwell- 41 ing. 42 (p) "Construction work" shall mean the provision of labor performed on 43 an eligible site between the commencement date and the completion date, 44 whereby materials and constituent parts are combined to initially form, 45 make or build an eligible multiple dwelling, including without limita- 46 tion, painting, or providing of material, articles, supplies or equip- 47 ment in the eligible multiple dwelling, but excluding security personnel 48 and work related to the fit-out of commercial spaces. 49 (q) "Eligible conversion" shall mean the conversion, alteration or 50 improvement of a pre-existing building or structure resulting in a 51 multiple dwelling in which no more than forty-nine percent of the floor 52 area consists of such pre-existing building or structure. 53 (r) "Eligible multiple dwelling" shall mean a multiple dwelling or 54 homeownership project containing six or more dwelling units created 55 through new construction or eligible conversion for which the commence- 56 ment date is after June fifteenth, two thousand twenty-two and on orS. 8306--C 66 A. 8806--C 1 before June fifteenth, two thousand thirty-four and the completion date 2 is on or before June fifteenth, two thousand thirty-eight. 3 (s) "Eligible site" shall mean either: (i) a tax lot containing an 4 eligible multiple dwelling; or (ii) a zoning lot containing two or more 5 eligible multiple dwellings that are part of a single application. 6 (t) "Employee benefits" shall mean all supplemental compensation paid 7 by the employer, on behalf of construction employees, other than wages, 8 including, without limitation, any premiums or contributions made into 9 plans or funds that provide health, welfare, non-occupational disability 10 coverage, retirement, vacation benefits, holiday pay, life insurance and 11 apprenticeship training. The value of any employee benefits received 12 shall be determined based on the prorated hourly cost to the employer of 13 the employee benefits received by construction employees. 14 (u) "Extended construction period" shall mean, with respect to any 15 very large rental project located in Zone A, a period: (i) beginning on 16 the later of the commencement date of such eligible multiple dwelling or 17 five years before the completion date of such eligible multiple dwell- 18 ing; and (ii) ending on the day preceding the completion date of such 19 eligible multiple dwelling. 20 (v) "Fiscal officer" shall mean the comptroller or other analogous 21 officer in a city having a population of one million or more. 22 (w) "Floor area" shall mean the horizontal areas of the several 23 floors, or any portion thereof, of a dwelling or dwellings, and accesso- 24 ry structures on a lot measured from the exterior faces of exterior 25 walls, or from the center line of party walls. 26 (x) "Forty year benefit" shall mean: (i) for the construction period 27 or extended construction period, as applicable, a one hundred percent 28 exemption from real property taxation, other than assessments for local 29 improvements; and (ii) for the first forty years of the restriction 30 period, a one hundred percent exemption from real property taxation, 31 other than assessments for local improvements. 32 (y) "Homeownership project" shall mean a multiple dwelling operated as 33 condominium or cooperative housing; however, it shall not include a 34 multiple dwelling or portion thereof operated as condominium or cooper- 35 ative housing located within the borough of Manhattan. 36 (z) "Hourly wage" shall mean the amount equal to the aggregate amount 37 of wages and employee benefits paid to, or on behalf of, a construction 38 employee for each hour of construction work. 39 (aa) "Jobsite agreement" shall mean a collective bargaining agreement 40 that only sets forth terms and conditions of employment for construction 41 employees performing construction work under the agreement at one 42 specific eligible site. 43 (bb) "Large rental project" shall mean an eligible site consisting of 44 one hundred or more residential dwelling units in which all dwelling 45 units included in any application are operated as rental housing. 46 (cc) "Market unit" shall mean a dwelling unit in an eligible multiple 47 dwelling other than a restricted unit. 48 (dd) "Marketing band" shall mean maximum rent ranging from twenty 49 percent to thirty percent of the area median income applicable to a 50 specific affordable housing unit. 51 (ee) "Modest rental project" shall mean an eligible site consisting of 52 more than five and less than one hundred residential dwelling units in 53 which all dwelling units included in any application are operated as 54 rental housing, other than a small rental project. 55 (ff) "Multiple dwelling" shall have the same meaning set forth in 56 subdivision seven of section four of the multiple dwelling law.S. 8306--C 67 A. 8806--C 1 (gg) "Neighborhood tabulation area" shall mean a geographical area 2 defined by the department of city planning for the purposes of providing 3 neighborhood-level data. 4 (hh) "Non-residential tax lot" shall mean a tax lot that does not 5 contain any dwelling units. 6 (ii) "Project labor agreement" shall mean a pre-hire collective 7 bargaining agreement between a contractor and a bona fide building and 8 construction trade labor organization establishing the labor organiza- 9 tion as the collective bargaining representative for all persons who 10 will perform construction work on an eligible site, and which provides 11 that only contractors and subcontractors who sign a pre-negotiated 12 agreement with the labor organization can perform construction work on 13 an eligible site. 14 (jj) "Rent stabilization" shall mean, collectively, the rent stabili- 15 zation law of nineteen hundred sixty-nine, the rent stabilization code, 16 and the emergency tenant protection act of nineteen seventy-four, all as 17 in effect as of the effective date of the chapter of the laws of two 18 thousand twenty-four that added this section or as amended thereafter, 19 together with any successor statutes or regulations addressing substan- 20 tially the same subject matter. 21 (kk) "Rental project" shall mean, collectively, a very large rental 22 project, large rental project, modest rental project, and small rental 23 project. 24 (ll) "Residential tax lot" shall mean a tax lot that contains dwelling 25 units. 26 (mm) "Restricted unit" shall mean, individually and collectively: (i) 27 affordable housing units; and (ii) dwelling units that are subject to 28 rent stabilization in accordance with affordability option C. 29 (nn) "Restriction period" shall mean, notwithstanding any earlier 30 termination or revocation of affordable citywide construction program 31 benefits: (i) with respect to a rental project, a period commencing on 32 the completion date and extending in perpetuity; and (ii) with respect 33 to a homeownership project, a period commencing on the completion date 34 and expiring on the twentieth anniversary of the completion date. 35 (oo) "Small rental project" shall mean an eligible site consisting of 36 more than five and less than eleven residential dwelling units, located 37 outside the borough of Manhattan on a zoning lot that permits a residen- 38 tial floor area not exceeding twelve-thousand five hundred square feet, 39 in which all dwelling units included in any application are operated as 40 rental housing and that elects to comply with affordability option C. 41 (pp) "Ten year benefit" shall mean: (i) for the construction period, a 42 one hundred percent exemption from real property taxation, other than 43 assessments for local improvements; (ii) for the first ten years of the 44 restriction period, a one hundred percent exemption from real property 45 taxation, other than assessments for local improvements. 46 (qq) "Thirty-five year benefit" shall mean: (i) for the construction 47 period, a one hundred percent exemption from real property taxation, 48 other than assessments for local improvements; (ii) for the first twen- 49 ty-five years of the restriction period, a one hundred percent exemption 50 from real property taxation, other than assessments for local improve- 51 ments; and (iii) for the ten years of the restriction period subsequent 52 to such twenty-five years, (A) with respect to modest rental projects, 53 an exemption from real property taxation, other than assessments for 54 local improvements, equal to the affordability percentage, and (B) with 55 respect to large rental projects, a one hundred percent exemption from 56 real property taxation, other than assessments for local improvements.S. 8306--C 68 A. 8806--C 1 (rr) "Twenty year benefit" shall mean: (i) for the construction peri- 2 od, a one hundred percent exemption from real property taxation, other 3 than assessments for local improvements; (ii) for the first fourteen 4 years of the restriction period, a one hundred percent exemption from 5 real property taxation, other than assessments for local improvements, 6 provided, however, that no exemption shall be given for any portion of 7 the square footage of a unit with an assessed value that exceeds eight- 8 y-nine dollars per square foot; and (iii) for the final six years of the 9 restriction period, a twenty-five percent exemption from real property 10 taxation, other than assessments for local improvements, provided, 11 however, that no exemption shall be given for any portion of the square 12 footage of a unit with an assessed value that exceeds eighty-nine 13 dollars per square foot. 14 (ss) "Very large rental project" shall mean an eligible site located 15 in Zone A or Zone B consisting of one hundred fifty or more residential 16 dwelling units in which all dwelling units included in any application 17 are operated as rental housing. 18 (tt) "Wages" shall mean all compensation, remuneration or payments of 19 any kind paid to, or on behalf of, construction employees, including, 20 without limitation, any hourly compensation paid directly to the 21 construction employee, together with employee benefits, such as health, 22 welfare, non-occupational disability coverage, retirement, vacation 23 benefits, holiday pay, life insurance and apprenticeship training, and 24 payroll taxes, including, to the extent permissible by law, all amounts 25 paid for New York state unemployment insurance, New York state disabili- 26 ty insurance, metropolitan commuter transportation mobility tax, federal 27 unemployment insurance and pursuant to the federal insurance contrib- 28 utions act or any other payroll tax that is paid by the employer. 29 (uu) "Zone A" shall mean any tax lot now existing or hereafter created 30 which is located entirely south of 96th street in the borough of Manhat- 31 tan or in any of the following neighborhood tabulation areas as most 32 recently defined by the department of New York City planning: Brooklyn 33 0101, Brooklyn 0102, Brooklyn 0103, Brooklyn 0104, and Queens 0201. 34 (vv) "Zone B" shall mean any tax lot now existing or hereafter created 35 which is located entirely in any of the following neighborhood tabu- 36 lation areas as most recently defined by the department of New York City 37 planning: Brooklyn 0201, Brooklyn 0202, Brooklyn 0203, Brooklyn 0204, 38 Brooklyn 0601, Brooklyn 0602, Brooklyn 0801, Queens 0105, and Queens 39 0102. 40 2. Benefit. In cities having a population of one million or more, 41 notwithstanding the provisions of any general, special or local law to 42 the contrary, new eligible multiple dwellings, except hotels, that 43 comply with the provisions of this section shall be exempt from real 44 property taxation, other than assessments for local improvements, in the 45 amounts and for the periods specified as follows: 46 (a) a small rental project that complies with all of the requirements 47 of this subdivision shall receive a ten year benefit; 48 (b) a modest rental project that complies with all of the requirements 49 of this subdivision shall receive a thirty-five year benefit; 50 (c) a large rental project that complies with all of the requirements 51 of this subdivision shall receive a thirty-five year benefit; 52 (d) a very large rental project that complies with all of the require- 53 ments of this subdivision shall receive a forty year benefit; and 54 (e) a homeownership project that complies with all of the requirements 55 of this subdivision shall receive a twenty year benefit.S. 8306--C 69 A. 8806--C 1 3. Construction work requirements. In addition to all other require- 2 ments set forth in this section, any eligible site containing one 3 hundred or more dwelling units within the city of New York shall comply 4 with the requirements set forth in this subdivision except as otherwise 5 provided in any paragraph of this subdivision. 6 (a) Construction work on any eligible site containing one hundred 7 units or more shall be subject to requirements in accordance with 8 sections two hundred twenty and two hundred twenty-b of the labor law; 9 provided, however, that the minimum hourly rate of wages and supplements 10 required to be paid to construction employees shall be forty dollars, 11 which shall increase by two and one-half percent on the first day of 12 July in the year two thousand twenty-five and by two and one-half 13 percent on the first day of July in each year thereafter. 14 (b) Construction work on any eligible site containing one hundred 15 fifty units or more, within Zone A, shall be subject to requirements in 16 accordance with sections two hundred twenty and two hundred twenty-b of 17 the labor law; provided, however, that the minimum hourly rate of wages 18 and supplements required to be paid to construction employees shall be 19 the lesser of seventy-two dollars and forty-five cents, which shall 20 increase by two and one-half percent on the first day of July in the 21 year two thousand twenty-five and by two and one-half percent on the 22 first day of July in each year thereafter, or sixty-five percent of the 23 greatest prevailing rate of wages and supplements within a classifica- 24 tion. 25 (c) Construction work on any eligible site containing one hundred 26 fifty units or more, within Zone B, shall be subject to requirements in 27 accordance with sections two hundred twenty and two hundred twenty-b of 28 the labor law; provided, however, that the minimum hourly rate of wages 29 and supplements required to be paid to construction employees shall be 30 the lesser of sixty-three dollars, which shall increase by two and one- 31 half percent on the first day of July in the year two thousand twenty- 32 five and by two and one-half percent on the first day of July in each 33 year thereafter, or sixty percent of the greatest prevailing rate of 34 wages and supplements within a classification. 35 (d) The owner of an eligible site shall be responsible for notifying 36 the fiscal officer and the agency at least three months prior to the 37 commencement of construction work of the location of the project, the 38 anticipated construction start date, the anticipated construction end 39 date, and the existence of any project labor agreement on the eligible 40 site. Failure to provide such notice in the time and manner required 41 shall subject the owner to fines and penalties not to exceed five-thou- 42 sand dollars per day. In addition to the fines and penalties set forth 43 herein, an owner shall forfeit the tax abatements and exemptions 44 provided under this section if construction commences prior to providing 45 the notice required under this section. 46 (e) The owner of an eligible site shall be responsible for retaining 47 original payroll records in accordance with section two hundred twenty 48 of the labor law, as modified by paragraph (a) of this subdivision, for 49 a period of six years from the completion date. All payroll records 50 maintained by an owner pursuant to this subdivision shall be subject to 51 inspection on request of the fiscal officer. Such owner may authorize 52 the prime contractor on the eligible site to take responsibility for 53 retaining and maintaining payroll records, but will be held jointly and 54 severally liable for any violations of such contractor. All records 55 obtained by the fiscal officer shall be subject to the freedom of infor- 56 mation law.S. 8306--C 70 A. 8806--C 1 (f) The fiscal officer may issue rules and regulations governing the 2 provisions of this subdivision. Violations of this subdivision shall be 3 grounds for determinations and orders pursuant to section two hundred 4 twenty-b of the labor law. 5 (g) Where a complaint is received pursuant to this subdivision, if the 6 fiscal officer finds cause to believe that an applicant or any person 7 acting on behalf of or as an agent of an applicant, in connection with 8 the performance of any contract for construction work pursuant to this 9 subdivision, has committed a violation of the provisions of this subdi- 10 vision, the fiscal officer may recapture tax abatements or exemptions 11 provided pursuant to this section and/or terminate future tax abatements 12 or exemptions made available pursuant to this section pursuant to the 13 following: 14 (i) If an applicant or any person acting on behalf of or as an agent 15 of an applicant, in connection with the performance of any contract for 16 construction work pursuant to this subdivision, has committed three 17 violations of the requirements of paragraph (a), (b), or (c) of this 18 subdivision within a five-year period, the fiscal officer may recapture 19 tax abatements or exemptions provided pursuant to this section and/or 20 terminate future tax abatements or exemptions made available pursuant to 21 this section, provided, however, that after a second such violation, the 22 applicant shall be notified that any further violation may result in the 23 recapture of tax abatements or exemptions provided pursuant to this 24 section and/or termination of future tax abatements or exemptions made 25 available pursuant to this section and that the fiscal officer shall 26 publish on its website a list of all applicants with two violations as 27 defined in this paragraph. 28 (ii) For purposes of this subdivision, a "violation" of paragraph (a), 29 (b), or (c) of this subdivision shall be deemed a finding by the fiscal 30 officer that the applicant or any person acting on behalf of or as an 31 agent of an applicant has failed to comply with paragraph (a), (b), or 32 (c) of this subdivision and has failed to cure the deficiency within 33 three months of such finding. 34 (iii) If the fiscal officer recaptures tax abatements or exemptions 35 provided pursuant to this section and/or terminates future tax abate- 36 ments or exemptions made available pursuant to this section for noncom- 37 pliance with paragraph (a), (b), or (c) of this subdivision pursuant to 38 this paragraph: (a) all of the restricted units shall remain subject to 39 rent stabilization and all other requirements of this section for the 40 restriction period, and any additional period expressly provided in this 41 section, as if the ANNY Program benefits had not been recaptured or 42 terminated; or (b) for a homeownership project, such project shall 43 continue to comply with affordability requirements set forth in this 44 section and all other requirements of this section for the restriction 45 period and any additional period expressly provided in this section, as 46 if the ANNY Program benefits had not been recaptured or terminated. 47 (h) An eligible site shall be excluded from the requirements of para- 48 graphs (a), (b), (c) and (d) of this subdivision where the performance 49 of all construction work on the eligible site is covered by a project 50 labor agreement. 51 (i) A contractor and owner may be excluded from the requirements of 52 paragraphs (a), (b), (c) and (d) of this subdivision with respect to 53 only those construction employees of the contractor that are performing 54 construction work on the eligible site under a collective bargaining 55 agreement or a jobsite agreement that has expressly waived the 56 provisions of paragraphs (a), (b), (c) and (d) of this subdivision.S. 8306--C 71 A. 8806--C 1 4. In addition to all other requirements set forth in this section, an 2 eligible site must, over the course of the design and construction of 3 such eligible site, make all reasonable efforts to spend on contracts 4 with minority and women owned business enterprises at least twenty-five 5 percent of the total applicable costs, as such enterprises and costs are 6 defined in rules of the agency. Such rules shall set forth required 7 measures with respect to contracts for design and construction that are 8 comparable, to the extent practicable, to the measures used by agencies 9 of the city of New York to enhance minority and women owned business 10 enterprise participation in agency contracts pursuant to applicable law, 11 including section 6-129 of the administrative code of the city of New 12 York. 13 5. Tax payments. In addition to any other amounts payable pursuant to 14 this section, the owner of any eligible site receiving ANNY Program 15 benefits shall pay, in each tax year in which such ANNY Program benefits 16 are in effect, real property taxes and assessments as follows: 17 (a) with respect to each eligible multiple dwelling constructed on 18 such eligible site, real property taxes on the assessed valuation of 19 such land and any improvements thereon in effect during the tax year 20 prior to the commencement date of such eligible multiple dwelling, with- 21 out regard to any exemption from or abatement of real property taxation 22 in effect during such tax year, which real property taxes shall be 23 calculated using the tax rate in effect at the time such taxes are due, 24 provided, however, that this paragraph shall not apply to any very large 25 rental project during the construction period or extended construction 26 period, as applicable; and 27 (b) all assessments for local improvements. 28 6. Limitation on benefits for non-residential space. If the aggregate 29 floor area of commercial, community facility and accessory use space in 30 an eligible site, other than parking which is located not more than 31 twenty-three feet above the curb level, exceeds twelve percent of the 32 aggregate floor area in such eligible site, any ANNY Program benefits 33 shall be reduced by a percentage equal to such excess. If an eligible 34 site contains multiple tax lots, the tax arising out of such reduction 35 in ANNY Program benefits shall first be apportioned pro rata among any 36 non-residential tax lots. After any such non-residential tax lots are 37 fully taxable, the remainder of the tax arising out of such reduction in 38 ANNY Program benefits, if any, shall be apportioned pro rata among the 39 remaining residential tax lots. 40 7. Calculation of benefit. Based on the certification of the agency 41 certifying the applicant's eligibility for ANNY Program benefits, the 42 assessors shall certify to the collecting officer the amount of taxes to 43 be exempted. 44 8. Affordability and rent stabilization requirements. During the 45 restriction period, a large rental project and a very large rental 46 project shall comply with affordability option A, a modest rental 47 project shall comply with affordability option B, a small rental project 48 shall comply with the requirements of affordability option C, and a 49 homeownership project shall comply with affordability option D. Such 50 election shall be made in the application and shall not thereafter be 51 changed. 52 (a) All rental dwelling units in an eligible multiple dwelling shall 53 share the same common entrances and common areas as market rate units in 54 such eligible multiple dwelling and shall not be isolated to a specific 55 floor or area of an eligible multiple dwelling. Common entrances shall 56 mean any area regularly used by any resident of a rental dwelling unitS. 8306--C 72 A. 8806--C 1 in the eligible multiple dwelling for ingress and egress from such 2 eligible multiple dwelling. 3 (b) Unless preempted by the requirements of a federal, state or local 4 housing program, either (i) the affordable housing units in an eligible 5 multiple dwelling shall have a unit mix proportional to the market 6 units, or (ii) at least fifty percent of the affordable housing units in 7 an eligible multiple dwelling shall have two or more bedrooms and no 8 more than twenty-five percent of the affordable housing units shall have 9 less than one bedroom. 10 (c) Notwithstanding any provision of rent stabilization to the contra- 11 ry, (i) all restricted units shall remain fully subject to rent stabili- 12 zation both during and subsequent to the restriction period, and (ii) 13 any restricted unit occupied by a tenant whose eligibility has been 14 approved by the agency shall remain subject to rent stabilization until 15 such tenant vacates such affordable housing unit where, (A) such 16 approval occurred prior to the agency's denial of an application for 17 ANNY program benefits for the multiple dwelling containing such 18 restricted unit, or (B) such restricted unit is in a multiple dwelling 19 for which an application for ANNY program benefits has not been filed or 20 has been withdrawn after filing. 21 (d) All rent stabilization registrations required to be filed shall: 22 (i) contain a designation that specifically identifies affordable hous- 23 ing units created pursuant to this section as "ANNY Program affordable 24 housing units"; (ii) contain a designation that specifically identifies 25 dwelling units that are subject to rent stabilization in accordance with 26 affordability option C; and (iii) contain an explanation of the require- 27 ments that apply to all such restricted units. 28 (e) Failure to comply with the provisions of this subdivision that 29 require the creation, maintenance, rent stabilization compliance and 30 occupancy of restricted units or for purposes of a homeownership project 31 the failure to comply with the affordable homeownership project require- 32 ments shall result in the exercise of the agency's enforcement powers in 33 accordance with this section, which include, but are not limited to, 34 revocation of any ANNY Program benefits. 35 (f) Nothing in this section shall (i) prohibit the occupancy of an 36 affordable housing unit by individuals or families whose income at any 37 time is less than the maximum percentage of the area median income, 38 adjusted for family size, specified for such affordable housing unit 39 pursuant to this section, or (ii) prohibit the owner of an eligible site 40 from requiring, upon initial rental or upon any rental following a 41 vacancy, the occupancy of any affordable housing unit by such lower 42 income individuals or families. 43 (g) Following issuance of a temporary certificate of occupancy and 44 upon each vacancy thereafter, an affordable housing unit shall promptly 45 be offered for rental by individuals or families whose income does not 46 exceed the maximum percentage of the area median income, adjusted for 47 family size, specified for such affordable housing unit pursuant to this 48 section and who intend to occupy such affordable housing unit as their 49 primary residence. A restricted unit shall not be (i) rented to a corpo- 50 ration, partnership or other entity, or (ii) held off the market for a 51 period longer than is reasonably necessary to perform repairs needed to 52 make such restricted unit available for occupancy. 53 (h) A restricted unit shall not be rented on a temporary, transient or 54 short-term basis. Every lease and renewal thereof for a restricted unit 55 shall be for a term of one or two years, at the option of the tenant.S. 8306--C 73 A. 8806--C 1 (i) A restricted unit shall not be converted to cooperative or condo- 2 minium ownership. 3 (j) The agency may establish by rule such requirements as the agency 4 deems necessary or appropriate for (i) the marketing of restricted 5 units, both upon initial occupancy and upon any vacancy, (ii) monitoring 6 compliance with the provisions of this subdivision, and (iii) the estab- 7 lishment of marketing bands for affordable housing units, and (iv) the 8 marketing and monitoring of any homeownership project that is granted an 9 exemption pursuant to this subdivision. Such requirements may include, 10 but need not be limited to, retaining a monitor approved by the agency 11 and paid for by the owner. 12 (k) Notwithstanding any provision of this section to the contrary, a 13 market unit shall not be subject to rent stabilization unless, in the 14 absence of ANNY Program benefits, the unit would be subject to rent 15 stabilization. 16 9. Building service employees. (a) For the purposes of this subdivi- 17 sion, (i) "applicant" shall mean an applicant for ANNY Program benefits 18 and/or any successor to such applicant; and (ii) "covered building 19 service employer" shall mean any applicant and/or any employer of build- 20 ing service employees for such applicant, including, but not limited to, 21 a property management company or contractor. 22 (b) All building service employees employed by the covered building 23 service employer at the eligible site shall receive the applicable 24 prevailing wage for the duration of the applicable benefit period, 25 regardless of whether such benefits are revoked or terminated. 26 (c) The fiscal officer shall have the power to enforce the provisions 27 of this subdivision. In enforcing such provisions, the fiscal officer 28 shall have the power: 29 (i) to investigate or cause an investigation to be made to determine 30 the prevailing wages for building service employees; in making such 31 investigation, the fiscal officer may utilize wage and fringe benefit 32 data from various sources, including, but not limited to, data and 33 determinations of federal, state or other governmental agencies, 34 provided, however, that the provision of a dwelling unit shall not be 35 considered wages or a fringe benefit; 36 (ii) to institute and conduct inspections at the site of the work or 37 elsewhere; 38 (iii) to examine the books, documents and records pertaining to the 39 wages paid to, and the hours of work performed by, building service 40 employees; 41 (iv) to hold hearings and, in connection therewith, to issue subpoe- 42 nas, administer oaths and examine witnesses; the enforcement of a 43 subpoena issued under this subdivision shall be regulated by the civil 44 practice law and rules; 45 (v) to make a classification by craft, trade or other generally recog- 46 nized occupational category of the building service employees and to 47 determine whether such work has been performed by the building service 48 employees in such classification; 49 (vi) to require the applicant to file with the fiscal officer a record 50 of the wages actually paid to the building service employees and of 51 their hours of work; 52 (vii) to delegate any of the foregoing powers to such fiscal officer's 53 deputy or other authorized representative; 54 (viii) to promulgate rules as such fiscal officer shall consider 55 necessary for the proper execution of the duties, responsibilities andS. 8306--C 74 A. 8806--C 1 powers conferred upon such fiscal officer by the provisions of this 2 paragraph; and 3 (ix) to prescribe appropriate sanctions for failure to comply with the 4 provisions of this subdivision. For each violation of paragraph (b) of 5 this subdivision, the fiscal officer may require the payment of: (A) 6 back wages and fringe benefits; (B) liquidated damages up to three times 7 the amount of the back wages and fringe benefits for willful violations; 8 and/or (C) reasonable attorney's fees. If the fiscal officer finds that 9 the applicant has failed to comply with the provisions of this subpara- 10 graph, he or she shall present evidence of such non-compliance to the 11 agency. 12 (d) Paragraph (b) of this subdivision shall not be applicable to: 13 (i) an eligible multiple dwelling containing less than thirty dwelling 14 units; or 15 (ii) an eligible multiple dwelling in which all of the dwelling units 16 are affordable housing units and not less than fifty percent of such 17 affordable housing units, upon initial rental and upon each subsequent 18 rental following a vacancy are affordable to and restricted to occupancy 19 by individuals or families whose household income does not exceed ninety 20 percent of the area median income, adjusted for family size, at the time 21 that such household initially occupies such dwelling unit. 22 (e) The applicant shall submit a sworn affidavit with its application 23 certifying that it shall ensure compliance with the requirements of this 24 subdivision or is exempt in accordance with paragraph (d) of this subdi- 25 vision. Upon the agency's approval of such application, the applicant 26 who is not exempt in accordance with paragraph (d) of this subdivision 27 shall submit annually a sworn affidavit to the fiscal officer certifying 28 that it shall ensure compliance with the requirements of this subdivi- 29 sion. 30 (f) The agency shall annually publish a list of all eligible sites 31 subject to the requirements of this paragraph and the affidavits 32 required pursuant to paragraph (e) of this subdivision. 33 10. Replacement ratio. If the land on which an eligible site is 34 located contained any dwelling units three years prior to the commence- 35 ment date of the first eligible multiple dwelling thereon, then such 36 eligible multiple dwelling or dwellings built thereon shall contain at 37 least one affordable housing unit for each dwelling unit that existed on 38 such date and was thereafter demolished, removed or reconfigured, 39 provided that if such eligible multiple dwelling or dwellings built 40 thereon is a small rental project, then such eligible multiple dwelling 41 or dwellings built thereon shall contain at least one restricted unit 42 for each dwelling unit that existed on such date and was thereafter 43 demolished, removed or reconfigured. 44 11. Concurrent exemptions or abatements. An eligible multiple dwelling 45 receiving ANNY Program benefits shall not receive any exemption from or 46 abatement of real property taxation under any other law. 47 12. Voluntary renunciation or termination. Notwithstanding the 48 provisions of any general, special or local law to the contrary, an 49 owner shall not be entitled to voluntarily renounce or terminate ANNY 50 Program benefits unless the agency authorizes such renunciation or 51 termination in connection with the commencement of a new tax exemption 52 pursuant to either the private housing finance law or section four 53 hundred twenty-c of this title. 54 13. Termination or revocation. The agency may terminate or revoke ANNY 55 Program benefits for failure to comply with this section; provided, 56 however, that the agency shall not terminate or revoke ANNY ProgramS. 8306--C 75 A. 8806--C 1 benefits for a failure to comply with subdivision three of this section. 2 If a covered building service employer has committed three violations of 3 the requirements of paragraph (b) of subdivision nine of this section 4 within a five-year period, the agency may revoke any benefits associated 5 with such eligible multiple dwelling under this section. For purposes of 6 this subdivision, a "violation" of paragraph (b) of subdivision nine of 7 this section shall be deemed a finding by the fiscal officer that the 8 covered building service employer has failed to comply with paragraph 9 (b) of subdivision nine of this section and has failed to cure the defi- 10 ciency within three months of such finding. Provided, however, that 11 after a second such violation, the applicant shall be notified that any 12 further violation may result in the revocation of benefits under this 13 section and that the fiscal officer shall publish on its website a list 14 of all applicants with two violations as defined in this subdivision. If 15 ANNY Program benefits are terminated or revoked for noncompliance with 16 this section: (a) all of the restricted units shall remain subject to 17 rent stabilization and all other requirements of this section for the 18 applicable restriction period, and any additional period expressly 19 provided in this section, as if the ANNY Program benefits had not been 20 terminated or revoked; or (b) for a homeownership project, such project 21 shall continue to comply with affordability requirements set forth in 22 this section and all other requirements of this section for the 23 restriction period and any additional period expressly provided in this 24 section, as if the ANNY Program benefits had not been terminated or 25 revoked. 26 14. Powers cumulative. The enforcement provisions of this section 27 shall not be exclusive, and are in addition to any other rights, reme- 28 dies, or enforcement powers set forth in any other law or available at 29 law or in equity. 30 15. Multiple tax lots. If an eligible site contains multiple tax lots, 31 an application may be submitted with respect to one or more of such tax 32 lots. The agency shall determine eligibility for ANNY Program benefits 33 based upon the tax lots included in such application and benefits for 34 each multiple dwelling shall be based upon the completion date of such 35 multiple dwelling. 36 16. Applicant registration. (a) Prospective applicants for ANNY 37 Program benefits pursuant to this section shall file with the agency a 38 form supplied by the agency which: (i) states an intention to file for 39 such benefits under the provisions of this subdivision; (ii) includes 40 the commencement date; and (iii) establishes the intended number of 41 total dwelling units and, if applicable, restricted units. The agency 42 shall promulgate such form no later than ninety days after the effective 43 date of this section. 44 (b) The form described in paragraph (a) of this subdivision shall be 45 filed: (i) for projects with a commencement date before the effective 46 date of this section, no later than six months after such effective date 47 or six months after the agency promulgates the form described in para- 48 graph (a) of this subdivision, whichever is later; or (ii) for projects 49 with a commencement date on or after the effective date of this section, 50 no later than six months after such commencement date or six months 51 after the agency promulgates the form described in paragraph (a) of this 52 subdivision, whichever is later. 53 (c) Applicants who fail to comply with the requirements of this subdi- 54 vision shall be subject to a penalty not to exceed one hundred percent 55 of the application filing fee otherwise payable pursuant to subdivision 56 eighteen of this section.S. 8306--C 76 A. 8806--C 1 17. Applications. (a) The application with respect to any eligible 2 multiple dwelling shall be filed with the agency not later than one year 3 after the completion date of such eligible multiple dwelling. 4 (b) Notwithstanding the provisions of any general, special or local 5 law to the contrary, the agency may require by rule that applications be 6 filed electronically. 7 (c) The agency may rely on certification by an architect or engineer 8 submitted by an applicant in connection with the filing of an applica- 9 tion. A false certification by such architect or engineer shall be 10 deemed to be professional misconduct pursuant to section sixty-five 11 hundred nine of the education law. Any licensee found guilty of such 12 misconduct under the procedures prescribed in section sixty-five hundred 13 ten of the education law shall be subject to the penalties prescribed in 14 section sixty-five hundred eleven of the education law and shall there- 15 after be ineligible to submit a certification pursuant to this section. 16 (d) The agency shall not require that the applicant demonstrate 17 compliance with the requirements of subdivision three of this section as 18 a condition to approval of the application. 19 18. Filing fee. (a) The agency may require a filing fee of: (i) three 20 thousand dollars per dwelling unit in connection with any application 21 for an eligible site consisting of more than five and less than eleven 22 residential rental dwelling units; (ii) four thousand dollars per dwell- 23 ing unit in connection with any application for an eligible site 24 consisting of more than eleven units and less than one hundred residen- 25 tial dwelling units; (iii) four thousand dollars per dwelling unit in 26 connection with any application for a homeownership project; and (iv) 27 five thousand dollars per dwelling unit in connection with any applica- 28 tion for an eligible site consisting of one hundred or more residential 29 dwelling units. 30 (b) Notwithstanding the provisions contained in paragraph (a) of this 31 subdivision, the agency may promulgate rules: (i) imposing a lesser fee 32 for eligible sites containing eligible multiple dwellings constructed 33 with the substantial assistance of grants, loans or subsidies provided 34 by a federal, state or local governmental agency or instrumentality 35 pursuant to a program for the development of affordable housing; and 36 (ii) requiring a portion of the filing fee to be paid upon the 37 submission of the information the agency requires in advance of approv- 38 ing the commencement of the marketing process for a modest rental 39 project, a large rental project, or a very large rental project. 40 19. Rules. Except as provided in subdivisions three and nine of this 41 section, the agency shall have the sole authority to enforce the 42 provisions of this section and may promulgate rules to carry out the 43 provisions of this section. 44 20. Reporting. On or before June thirtieth of each year, the commis- 45 sioner of the agency shall issue a report to the governor, the temporary 46 president of the senate and the speaker of the assembly setting forth 47 the number of total projects and units created by this section by year, 48 level of affordability, and community board, the cost of the ANNY 49 Program, and other such factors as the commissioner of the New York city 50 department of housing preservation and development deems appropriate. 51 The New York city department of housing preservation and development may 52 request and shall receive cooperation and assistance from all depart- 53 ments, divisions, boards, bureaus, commissions, public benefit corpo- 54 rations or agencies of the state of New York, the city of New York or 55 any other political subdivisions thereof, or any entity receiving bene- 56 fits pursuant to this section.S. 8306--C 77 A. 8806--C 1 21. Penalties for violations of affordability and rent stabilization 2 requirements. (a) On and after the expiration date of the ten year bene- 3 fit, twenty year benefit, thirty-five year benefit, or forty year bene- 4 fit, as applicable, the agency may impose, after notice and an opportu- 5 nity to be heard, a fine for any violation of the affordability and rent 6 stablization requirements established pursuant to subdivision eight of 7 this section by such small rental project, modest rental project, large 8 rental project, very large rental project, or homeownership project. 9 The agency shall establish a schedule and method of calculation of such 10 fines pursuant to subdivision nineteen of this section. 11 (b) A fine under this subdivision may be imposed against the owner of 12 the eligible site containing such small rental project, modest rental 13 project, large rental project, very large rental project, or homeowner- 14 ship project at the time the violation occurred, even if such owner no 15 longer owns such eligible site. A failure to pay such fine may result 16 in a lien and such other remedies as may be available pursuant to appli- 17 cable law and regulation. 18 § 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor 19 law, as added by section 1 of part FFF of chapter 58 of the laws of 20 2020, are amended and a new paragraph h is added to read as follows: 21 f. funds provided pursuant to subdivision three of section twenty- 22 eight hundred fifty-three of the education law; [and] 23 g. any other public monies, credits, savings or loans, determined by 24 the public subsidy board created in section two hundred twenty-four-c of 25 this article as exempt from this definition[.]; and 26 h. benefits under section four hundred eighty-five-x of the real prop- 27 erty tax law. 28 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 29 sion, or section of this act shall be adjudged by any court of competent 30 jurisdiction to be invalid, such judgment shall not affect, impair, or 31 invalidate the remainder thereof, but shall be confined in its operation 32 to the clause, sentence, paragraph, subdivision, or section thereof 33 directly involved in the controversy in which such judgment shall have 34 been rendered. It is hereby declared to be the intent of the legislature 35 that this act would have been enacted even if such invalid provisions 36 had not been included herein. 37 § 4. This act shall take effect immediately. 38 PART V 39 Section 1. The executive law is amended by adding a new section 373-b 40 to read as follows: 41 § 373-b. Standards for single-exit, single stairway multi-unit resi- 42 dential buildings study. The council shall conduct a study relating to 43 standards for egress including provisions for multi-unit residential 44 buildings above three stories, up to at least six stories. Such study 45 shall consider examining existing building codes for single-exit, single 46 stairway multi-unit residential buildings above three stories, up to at 47 least six stories in the city of New York and in other cities and juris- 48 dictions that have adopted provisions allowing for the construction of 49 such buildings into their building codes. Such study shall be completed 50 on or before July first, two thousand twenty-six. The council shall 51 consider such study findings and amend the uniform code if necessary. 52 § 2. This act shall take effect immediately and shall expire and be 53 deemed repealed January 1, 2029.S. 8306--C 78 A. 8806--C 1 PART W 2 Section 1. Paragraph a of subdivision 1 of section 667-c of the educa- 3 tion law, as amended by section 1 of part E of chapter 56 of the laws of 4 2022, is amended to read as follows: 5 a. part-time students enrolled at [the state university, a community6college, the city university of New York, and a non-profit college or7university] a degree granting institution of higher education incorpo- 8 rated by the regents or by the legislature who meet all requirements for 9 tuition assistance program awards except for the students' part-time 10 attendance; or 11 § 2. This act shall take effect July 1, 2024. 12 PART X 13 Section 1. Subparagraphs (ii), (iii), and (vi) of paragraph a of 14 subdivision 3 of section 667 of the education law, subparagraphs (ii) 15 and (vi) as amended by section 1 of part B of chapter 60 of the laws of 16 2000, subparagraph (iii) as amended by section 3 of part H of chapter 58 17 of the laws of 2011, are amended and a new (vii) is added to read as 18 follows: 19 (ii) Except for students as noted in subparagraph (iii) of this para- 20 graph, the base amount as determined from subparagraph (i) of this para- 21 graph, shall be reduced in relation to income as follows: 22 Amount of income Schedule of reduction 23 of base amount 24 (A) Less than seven thousand None 25 dollars 26 (B) Seven thousand dollars or Seven per centum of excess 27 more, but less than eleven over seven thousand dollars 28 thousand dollars 29 (C) Eleven thousand dollars or Two hundred eighty dollars 30 more, but less than eighteen plus ten per centum of excess 31 thousand dollars over eleven thousand dollars 32 (D) Eighteen thousand dollars or Nine hundred eighty dollars 33 more, but not more than plus twelve per centum of 34 [eighty] one hundred twenty-five excess over eighteen 35 thousand dollars thousand dollars 36 (iii) (A) For students who have been granted exclusion of parental 37 income and were single with no dependent for income tax purposes during 38 the tax year next preceding the academic year for which application is 39 made, the base amount, as determined in subparagraph (i) of this para- 40 graph, shall be reduced in relation to income as follows: 41 Amount of income Schedule of reduction 42 of base amount 43 (1) Less than three thousand None 44 dollars 45 (2) Three thousand dollars or Thirty-one per centum of 46 more, but not more than amount in excess of three 47 [ten] thirty thousand thousand dollars 48 dollarsS. 8306--C 79 A. 8806--C 1 (B) For those students who have been granted exclusion of parental 2 income who have a spouse but no other dependent, for income tax purposes 3 during the tax year next preceding the academic year for which applica- 4 tion is made, the base amount, as determined in subparagraph (i) of this 5 paragraph, shall be reduced in relation to income as follows: 6 Amount of income Schedule of reduction 7 of base amount 8 (1) Less than seven thousand None 9 dollars 10 (2) Seven thousand dollars or Seven per centum of excess 11 more, but less than eleven over seven thousand dollars 12 thousand dollars 13 (3) Eleven thousand dollars or Two hundred eighty dollars 14 more, but less than eighteen plus ten per centum of excess 15 thousand dollars over eleven thousand dollars 16 (4) Eighteen thousand dollars Nine hundred eighty dollars 17 or more, but not more than plus twelve per centum of 18 [forty] sixty thousand excess over eighteen 19 dollars thousand dollars 20 (vi) For the two thousand two--two thousand three through two thousand 21 twenty-three--twenty-four academic [year and thereafter] years, the 22 award shall be the net amount of the base amount determined pursuant to 23 subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii) 24 or (iii) of this paragraph but the award shall not be reduced below five 25 hundred dollars. 26 (vii) For the two thousand twenty-four--two thousand twenty-five 27 academic year and thereafter, the award shall be the net amount of 28 the base amount determined pursuant to subparagraph (i) of this 29 paragraph reduced pursuant to subparagraph (ii) or (iii) of this para- 30 graph but the award shall not be reduced below one thousand dollars. 31 § 2. This act shall take effect July 1, 2024. 32 PART Y 33 Section 1. Section 410-x of the social services law is amended by 34 adding a new subdivision 10 to read as follows: 35 10. Differential payment rates for child care services shall be estab- 36 lished as required by this subdivision; provided however no provider 37 shall receive an aggregate differential in excess of a limit to be set 38 by the regulations of the office. 39 (a) Local social services districts shall establish a differential 40 payment rate for child care services provided by licensed or registered 41 child care providers who provide care to a child or children experienc- 42 ing homelessness. Such differential payment rate shall be no less than 43 ten percent higher but no greater than fifteen percent higher than the 44 actual cost of care or the applicable market-related payment rate estab- 45 lished by the office in regulations, whichever is less. 46 (b) Local social services districts shall establish a differential 47 payment rate for child care services provided by licensed, registered, 48 or enrolled child care providers who provide care to a child during 49 nontraditional hours. Nontraditional hours shall mean care provided 50 other than between six o'clock ante meridian and seven o'clock post 51 meridian on weekdays. Such differential payment rate shall be no lessS. 8306--C 80 A. 8806--C 1 than ten percent higher but no greater than fifteen percent higher than 2 the actual cost of care or the applicable market-related payment rate 3 established by the office in regulations, whichever is less. 4 (c) Nothing in this subdivision shall be construed to limit the 5 authority of the office of children and family services to establish 6 additional differential payment rates by regulation. 7 § 2. This act shall take effect on the first of April next succeeding 8 the date on which it shall have become a law. 9 PART Z 10 Section 1. Section 33 of chapter 277 of the laws of 2021 amending the 11 labor law relating to the calculation of weekly employment insurance 12 benefits for workers who are partially unemployed, as amended by section 13 1 of part CC of chapter 56 of the laws of 2023, is amended to read as 14 follows: 15 § 33. This act shall take effect on the thirtieth day after it shall 16 have become a law; provided, however, that sections one through thirty 17 of this act shall take effect on [the first Monday after April 1,] the 18 first Monday after October 1, 2024 or thirty days after the commissioner 19 of labor certifies that the department of labor has an information tech- 20 nology system capable of accommodating the amendments in this act, 21 whichever occurs earlier, and shall be applicable to all claims filed 22 and payments made after such date; provided that section thirty-one of 23 this act shall take effect on the thirtieth day after it shall have 24 become a law and shall be applicable to new claims on such date and 25 thereafter and shall be deemed repealed on the same date as the remain- 26 ing provisions of this act take effect. Such effective date applicable 27 to sections one through thirty of this act may be extended in fifteen 28 day increments upon notice and report of the reason necessitating such 29 extension from the commissioner of labor to the temporary president of 30 the senate and speaker of the assembly, provided the effective date 31 shall not be extended past February 1, 2025. In a manner consistent with 32 the provisions of this section, the commissioner of labor shall notify 33 the legislative bill drafting commission upon issuing [his or her34certification] such extensions every such fifteen days and if prior to 35 February 1, 2025, and shall inform such commission of the date of imple- 36 mentation of such information technology system in order that the 37 commission may maintain an accurate and timely effective data base of 38 the official text of the laws of the state of New York in furtherance of 39 effecting the provisions of section 44 of the legislative law and 40 section 70-b of the public officers law, and provided further that the 41 amendments to subdivision 1 of section 591 of the labor law made by 42 section twelve of this act shall be subject to the expiration and rever- 43 sion of such subdivision pursuant to section 10 of chapter 413 of the 44 laws of 2003, as amended, when upon such date the provisions of section 45 thirteen of this act shall take effect; provided further that the amend- 46 ments to section 591-a of the labor law made by section fifteen of this 47 act shall not affect the repeal of such section and shall be deemed 48 repealed therewith. 49 § 2. This act shall take effect immediately and shall be deemed to 50 have been in full force and effect on and after April 1, 2024. 51 PART AAS. 8306--C 81 A. 8806--C 1 Section 1. Paragraphs 1, 1-a, 2 and subparagraph (iii) of paragraph 4 2 of subdivision (a) of section 1174-a of the vehicle and traffic law, as 3 added by chapter 145 of the laws of 2019, are amended to read as 4 follows: 5 1. Notwithstanding any other provision of law, a county, city, town or 6 village located within a school district ("district") is hereby author- 7 ized and empowered to adopt and amend a local law or ordinance estab- 8 lishing a demonstration program imposing monetary liability on the owner 9 of a vehicle for failure of an operator thereof to comply with subdivi- 10 sion (a) of section eleven hundred seventy-four of this [chapter] arti- 11 cle when meeting a school bus marked and equipped as provided in subdi- 12 visions twenty and twenty-one-c of section three hundred seventy-five of 13 this chapter and operated in such county, city, town or village, in 14 accordance with the provisions of this section. Such demonstration 15 program shall empower such county, city, town or village to install and 16 operate school bus photo violation monitoring systems which may be 17 stationary or mobile, and which may be installed, pursuant to an agree- 18 ment with a school district within such county, city, town or village, 19 on school buses owned and operated by such school district or privately 20 owned and operated for compensation under contract with such district. 21 Provided, however, that (a) no stationary school bus photo violation 22 monitoring system shall be installed or operated by a county, city, town 23 or village except on roadways under the jurisdiction of such county, 24 city, town or village, and (b) no mobile school bus photo violation 25 monitoring system shall be installed or operated on any such school 26 buses unless such county, city, town or village and such district enter 27 into an agreement for such installation and operation. 28 1-a. Any county, city, town or village, located within a school 29 district, that has adopted a local law or ordinance pursuant to this 30 section establishing a demonstration program imposing liability on the 31 owner of a vehicle for failure of an operator thereof to comply with 32 subdivision (a) of section eleven hundred seventy-four of this [chapter] 33 article when meeting a school bus marked and equipped as provided in 34 subdivisions twenty and twenty-one-c of section three hundred seventy- 35 five of this chapter and operated in such county, city, town or village 36 may enter into an agreement with the applicable school district for the 37 installation, maintenance and use of school bus photo violation monitor- 38 ing systems on school buses pursuant to this section and section twen- 39 ty-two of the chapter of the laws of two thousand nineteen which added 40 this section, for the proper handling and custody of photographs, micro- 41 photographs, videotapes, other recorded images and data produced by such 42 systems, and for the forwarding of such photographs, microphotographs, 43 videotapes, other recorded images and data to the applicable county, 44 city, town or village. Any agreement entered into hereunder shall be 45 approved by each participating county, city, town or village by a major- 46 ity vote of the voting strength of its governing body and by resolution 47 of the district pursuant to section sixteen hundred four, section seven- 48 teen hundred nine, section twenty-five hundred three, section twenty- 49 five hundred fifty-four or section twenty-five hundred ninety-h of the 50 education law, as applicable. Provided, however, that where a district 51 has entered an agreement as provided hereunder with a county, no cities, 52 towns or villages within the same county may enter into, or be a party 53 to, any agreement with such district pursuant to this section. Provided 54 further, however, that no county shall enter an agreement with any city 55 school district wholly contained within a city. Nothing in this section 56 shall be construed to prevent a county, city, town, village or districtS. 8306--C 82 A. 8806--C 1 at any time to withdraw from or terminate an agreement entered pursuant 2 to this section and section twenty-two of [the] chapter one hundred 3 forty-five of the laws of [2019] two thousand nineteen which added this 4 section. 5 2. Any image or images captured by school bus photo violation monitor- 6 ing systems shall be inadmissible in any disciplinary proceeding 7 convened by any school district or any school bus contractor thereof, 8 and any proceeding initiated by the department involving licensure priv- 9 ileges of school bus operators. Any school bus photo violation monitor- 10 ing device mounted on a school bus shall be directed outwardly from such 11 school bus to capture images of vehicles operated in violation of subdi- 12 vision (a) of section eleven hundred seventy-four of this [chapter] 13 article, and images produced by such device shall not be used for any 14 other purpose. 15 (iii) the installation of signage in conformance with standards estab- 16 lished in the MUTCD at each roadway entrance of the jurisdictional boun- 17 daries of such county, city, town or village giving notice that school 18 bus photo violation monitoring systems are used to enforce restrictions 19 on vehicles violating subdivision (a) of section eleven hundred seven- 20 ty-four of this [chapter] article. For the purposes of this paragraph, 21 the term "roadway" shall not include state expressway routes or state 22 interstate routes but shall include controlled-access highway exit ramps 23 that enter the jurisdictional boundaries of a county, city, town or 24 village; and 25 § 2. Paragraph 2 of subdivision (k) of section 1174-a of the vehicle 26 and traffic law, as added by chapter 145 of the laws of 2019, is amended 27 to read as follows: 28 2. Notwithstanding any other provision of this section, no owner of a 29 vehicle shall be subject to a monetary fine imposed pursuant to this 30 section if the operator of such vehicle was operating such vehicle with- 31 out the consent of the owner at the time such operator failed to comply 32 with subdivision (a) of section eleven hundred seventy-four of this 33 [chapter] article. For purposes of this subdivision there shall be a 34 presumption that the operator of such vehicle was operating such vehicle 35 with the consent of the owner at the time such operator failed to comply 36 with subdivision (a) of section eleven hundred seventy-four of this 37 [chapter] article. 38 § 3. Subdivision (d) of section 1174-a of the vehicle and traffic law, 39 as added by chapter 145 of the laws of 2019, is amended to read as 40 follows: 41 (d) A certificate, sworn to or affirmed by a technician employed by 42 the county, city, town or village in which the charged violation 43 occurred, or a facsimile thereof, based upon inspection of photographs, 44 microphotographs, videotape or other recorded images produced by a 45 school bus photo violation monitoring system, and other documents or 46 declarations pertaining to inspections by the department of transporta- 47 tion, shall be prima facie evidence of the facts contained therein. Such 48 certificate, or a facsimile thereof, shall provide the identification 49 number of the school bus photo violation monitoring system which 50 recorded the violation, a statement confirming that at the time such 51 violation was recorded by such school bus photo violation monitoring 52 system, such school bus photo violation monitoring system was installed 53 on a school bus marked and equipped as provided in subdivisions twenty 54 and twenty-one-c of section three hundred seventy-five of this chapter 55 as evidenced by a valid certificate of inspection issued to such school 56 bus by the department of transportation pursuant to section one hundredS. 8306--C 83 A. 8806--C 1 forty of the transportation law and the safety rules and regulations 2 promulgated thereunder, and the registration number of the school bus to 3 which such school bus photo violation monitoring system was attached. 4 Any photographs, microphotographs, videotape or other recorded images 5 evidencing such a violation shall include a recorded image of the 6 outside of the motor vehicle involved in such violation, the registra- 7 tion number of such vehicle, at least one activated school bus stop-arm, 8 and an electronic indicator or indicators showing the activation of the 9 flashing red signal lamps of the school bus to which the school bus 10 photo violation monitoring system producing such photographs, micropho- 11 tographs, videotape or other recorded images was installed at the time 12 such violation occurred, and shall be available for inspection in any 13 proceeding to adjudicate the liability for such violation pursuant to a 14 local law or ordinance adopted pursuant to this section. Where recorded 15 images from a school bus photo violation monitoring system attached to a 16 school bus, as certified pursuant to this subdivision, show the acti- 17 vation of at least one school bus stop-arm and an electronic indicator 18 or indicators as required pursuant to this subdivision, there shall be a 19 rebuttable presumption that such school bus was stopped for the purpose 20 of receiving or discharging any passengers or because a school bus in 21 front of it had stopped to receive or discharge any passengers. A 22 certificate, sworn to or affirmed by a technician employed by the coun- 23 ty, city, town or village in which the charged violation occurred, or a 24 facsimile thereof, after reviewing evidence that on the day the charged 25 violation occurred such school bus had a valid certificate of inspection 26 issued by the department of transportation pursuant to section one 27 hundred forty of the transportation law and the safety rules and regu- 28 lations promulgated thereunder, shall be prima facie evidence that such 29 school bus was marked and equipped as provided in subdivisions twenty 30 and twenty-one-c of section three hundred seventy-five of this chapter 31 and the flashing red signal lamp of such school bus was in operation at 32 the time the violation occurred. 33 § 4. Paragraph 2 of subdivision (g) of section 1174-a of the vehicle 34 and traffic law, as added by chapter 145 of the laws of 2019, is amended 35 to read as follows: 36 2. A notice of liability shall contain the name and address of the 37 person alleged to be liable as an owner for a violation of subdivision 38 (a) of section eleven hundred seventy-four of this article pursuant to 39 this section, the registration number of the vehicle involved in such 40 violation, the location where such violation took place, the date and 41 time of such violation [and], the identification number of the [camera] 42 school bus photo violation monitoring system which recorded the 43 violation or other document locator number, and the registration number 44 of the school bus on which the school bus photo violation monitoring 45 system which recorded the violation was installed. 46 § 5. The opening paragraph of section 25 of chapter 145 of the laws of 47 2019 amending the vehicle and traffic law relating to school bus photo 48 violation monitoring systems and owner liability for failure of operator 49 to stop for a school bus displaying a red visual signal, is amended to 50 read as follows: 51 This act shall take effect on the thirtieth day after it shall have 52 become a law and shall expire December 1, [2024] 2029 when upon such 53 date the provisions of this act shall be deemed repealed; provided that 54 any such local law as may be enacted pursuant to this act shall remain 55 in full force and effect only until December 1, [2024] 2029 and 56 provided, further, that:S. 8306--C 84 A. 8806--C 1 § 6. This act shall take effect immediately; provided, however, that 2 the amendments to section 1174-a of the vehicle and traffic law made by 3 sections one, two, three and four of this act shall not affect the 4 repeal of such section and shall be deemed repealed therewith. 5 PART BB 6 Section 1. The insurance law is amended by adding a new section 3462 7 to read as follows: 8 § 3462. Affordable housing underwriting and rating. (a) An insurer 9 that issues or delivers in this state a policy of insurance covering 10 loss of or damage to real property containing units for residential 11 purposes or legal liability of an owner of such real property, shall not 12 inquire about on an application, nor shall an insurer cancel, refuse to 13 issue, refuse to renew or increase the premium of a policy, or exclude, 14 limit, restrict, or reduce coverage under a policy based on, the follow- 15 ing: 16 (1) The residential building contains dwelling units that shall be 17 affordable to residents at a specific income level pursuant to a stat- 18 ute, regulation, restrictive declaration, or regulatory agreement with a 19 local, state, or federal government entity; 20 (2) The real property owner or tenants of such residential building or 21 the shareholders of a cooperative housing corporation receive rental 22 assistance provided by a local, state, or federal government entity, 23 including, but not limited to, the receipt of federal vouchers issued 24 under section eight of the United States Housing Act of 1937(42 U.S.C. § 25 1437f); 26 (3) The level or source of income of the tenants of the residential 27 building or the shareholders of a cooperative housing corporation; or 28 (4) Whether such residential building is owned by a limited-equity 29 cooperative; owned by a public housing authority; or owned by a cooper- 30 ative housing corporation subject to the provisions of article two, 31 article four, article five or article eleven of the private housing 32 finance law. 33 (b) Nothing in this section shall prohibit an insurer from canceling, 34 refusing to issue, refusing to renew, or increasing the premium of, 35 an insurance policy, or excluding, limiting, restricting, or reducing 36 coverage under such policy, due to other factors that are permitted or 37 not prohibited by any other section of this chapter. 38 § 2. This act shall take effect immediately. 39 PART CC 40 Section 1. Section 370 of the education law is amended by adding a new 41 subdivision 6-a to read as follows: 42 6-a. "Large-scale construction project" shall mean any project for 43 which the total estimated cost of the contract or contracts is ten 44 million dollars or more that is: 45 (a) a project performed under the approved master plan of the state 46 university submitted pursuant to subdivision thirteen of section three 47 hundred fifty-five of this chapter; or 48 (b) which involves the construction, acquisition, reconstruction, 49 rehabilitation or improvement of academic buildings, dormitories and 50 other facilities, with respect to university-related economic develop- 51 ment projects authorized by law pursuant to section three hundred seven- 52 ty-two-a of this article.S. 8306--C 85 A. 8806--C 1 § 2. Section 376 of the education law is amended by adding a new 2 subdivision 11 to read as follows: 3 11. (a) Each contract involving the awarding of a large-scale 4 construction project shall require the use of a project labor agreement, 5 as defined in subdivision one of section two hundred twenty-two of the 6 labor law, for all contractors and subcontractors on the project, 7 consistent with paragraph (a) of subdivision two of section two hundred 8 twenty-two of the labor law, except as otherwise provided in paragraph 9 (b) of this subdivision. 10 (b) The fund shall not be required to use a project labor agreement 11 where it determines that such agreement would be inconsistent with para- 12 graph (a) of subdivision two of section two hundred twenty-two of the 13 labor law or state competitive bidding laws. Any such determination 14 shall be provided in a written explanation for a particular project 15 contract by the solicitation date. The goals and requirements of arti- 16 cle fifteen-A of the executive law and article three of the veteran 17 services law shall apply to all project labor agreements. 18 (c) An agency may require the use of a project labor agreement on 19 construction projects where the total cost to the fund is less than that 20 for a large-scale construction project, if consistent with paragraph (a) 21 of subdivision two of section two hundred twenty-two of the labor law. 22 § 3. This act shall take effect January 1, 2025 and shall apply to all 23 large-scale construction projects for which a bid advertisement has not 24 been published in the contract reporter as of such effective date. 25 PART DD 26 Section 1. Short title. This act shall be known and may be cited as 27 the "city of Dunkirk fiscal recovery act". 28 § 2. Definitions. As used in this act, the following words and terms 29 shall have the following meanings respectively, unless the text shall 30 indicate another or different meaning or intent: 31 (a) "Budget" means a current operating budget of the city prepared or 32 adopted pursuant to general, special or local law, being the annual 33 budget and estimate of expenditures to be made during a fiscal year for 34 the general support and current expenses of the government of the city 35 to be paid from taxes or assessments or other current revenues of the 36 city for such year. 37 (b) "City" means the city of Dunkirk, in the county of Chautauqua. 38 (c) "City treasurer" means the treasurer of the city. 39 (d) "City council" means the city council of the city. 40 (e) "City fiscal affairs officer" means the city fiscal affairs offi- 41 cer of the city. 42 (f) "City taxes" means and includes all taxes on real property levied 43 and assessed by the city, based on valuation thereof and shall not mean 44 any rent, rate, fee, special assessment or other charge based on benefit 45 or use. 46 (g) "Collecting officer" means the officer empowered to collect and 47 receive city taxes. 48 (h) "Deficit bonds" means the bonds authorized to be issued by section 49 three of this act. 50 (i) "Deficit notes" means bond anticipation notes issued in antic- 51 ipation of the issuance of deficit bonds. 52 (j) "Financial plan" means the three-year financial plan required by 53 section nine of this act. 54 (k) "Fiscal year" means the fiscal year of the city.S. 8306--C 86 A. 8806--C 1 (l) "Mayor" means the mayor of the city. 2 (m) "Outstanding", when used with respect to obligations of the city 3 as of any particular date, means all obligations of the city theretofore 4 issued and thereupon being issued except any obligation theretofore paid 5 and discharged or for the payment of the principal of and interest on 6 which money is held by or on behalf of the city, in trust solely and in 7 all events only for the purpose and sufficient to pay in full the prin- 8 cipal and redemption premium, if any, of and interest on such obli- 9 gations. 10 (n) "Special debt service" means, with respect to a fiscal year, the 11 amounts required for the timely payment of (i) all principal due or 12 becoming due and payable in said year with respect to any serial bonds, 13 tax anticipation notes, capital notes or budget notes of the city, and 14 all principal amortization for said year required by law with respect to 15 bond anticipation notes or other securities of the city, and not specif- 16 ically mentioned in paragraph (ii) of this subdivision, (ii) all inter- 17 est due or becoming due and payable in said year with respect to any 18 serial bonds, bond anticipation notes, tax anticipation notes, revenue 19 anticipation notes, capital notes, budget notes or other securities of 20 the city not specifically mentioned herein, and (iii) all sinking fund 21 contributions required in said year with respect to any sinking fund 22 bonds. 23 (o) "Special debt service fund" means the fund which is held by the 24 state comptroller and is described and provided for in section thirteen 25 of this act. 26 (p) "State aid" means all aid and incentives for municipalities pursu- 27 ant to section 54 of the state finance law, any successor type of aid 28 and any new aid appropriated by the state as local government assistance 29 for the benefit of the city. 30 (q) "State comptroller" means the comptroller of the state, pursuant 31 to their authority to supervise the accounts of any political subdivi- 32 sion of the state. 33 Unless the context specifically provides otherwise, any terms used in 34 this act such as revenues, expenditures or expenses shall be construed 35 as such term is construed under applicable accounting principles incor- 36 porated in the uniform system of accounts prescribed by the state comp- 37 troller. 38 § 3. Deficit bond and deficit note issuance authorization. The city is 39 hereby authorized to issue bonds, subject to the provisions of this act, 40 on or before December 31, 2025, in an aggregate principal amount not to 41 exceed eighteen million five hundred thousand dollars ($18,500,000) 42 (exclusive of the costs and expenses incidental to the issuance of the 43 bonds authorized to be issued by this section) for the specific object 44 or purpose of liquidating actual deficits in its general fund, water 45 fund, sewer fund, and the capital projects fund existing at the close of 46 its 2024 fiscal year. In anticipation of the issuance of such bonds, 47 deficit notes are hereby authorized to be issued. 48 § 4. Period of probable usefulness established. It is hereby deter- 49 mined that the financing of the deficits described in section three of 50 this act is an object or purpose of the city for which indebtedness may 51 be incurred, the period of probable usefulness of which is hereby deter- 52 mined to be fifteen years, computed from the date of such deficit bonds 53 or from the date of the first deficit notes, whichever date is earlier. 54 Such deficit bonds and deficit notes shall be general obligations of the 55 city, to which the faith and credit of the city is pledged, and the cityS. 8306--C 87 A. 8806--C 1 shall make an annual appropriation sufficient to pay the principal of 2 and interest on such obligations as the same shall become due. 3 § 5. Certification of deficit. No deficit bonds may be issued unless 4 and until the state comptroller shall first review and confirm the 5 existence of the deficits described in section three of this act, as 6 well as certify the amount of the deficits. As soon as practicable after 7 the effective date of this act, but in no event prior to the close of 8 the city's 2024 fiscal year, the city shall prepare a report detailing 9 the amount and cause of the deficit and submit to the state comptroller 10 such report, together with the independent audit report for its last 11 completed fiscal year and such other information as the state comp- 12 troller may deem necessary. Within thirty days after receiving all 13 necessary reports and information, the state comptroller shall: 14 (a) perform such reviews as may be necessary; 15 (b) confirm the existence and certify the amount of the deficits; and 16 (c) provide notification to the city fiscal affairs officer, the city 17 treasurer, the mayor and the city council as to the existence and amount 18 of any such deficits. 19 § 6. Limit on amount of deficit bonds. Deficit bonds may not be issued 20 in an amount exceeding the amount of such deficits as certified by the 21 state comptroller. If the city issues deficit notes prior to a determi- 22 nation by the state comptroller pursuant to section five of this act in 23 an amount in excess of the amount of such deficits as confirmed by the 24 state comptroller, the city shall, from funds other than proceeds of 25 bonds or bond anticipation notes, either redeem such deficit notes in 26 the amount by which the amount of such deficit notes exceeds the amount 27 of such deficits as confirmed by the state comptroller or deposit a sum 28 equal to the amount by which such deficit notes exceed the amount of 29 such deficits as confirmed by the state comptroller into the special 30 debt service fund. 31 § 7. Quarterly budget reports and trial balances. For each fiscal year 32 during the effective period of this act, the city treasurer shall moni- 33 tor budgets of the city and, for each budget, prepare a quarterly report 34 of summarized budget data depicting overall trends of actual revenues 35 and budget expenditures for the entire budget rather than individual 36 line items. Such reports shall compare revenue estimates and appropri- 37 ations as set forth in such budget with the actual revenues and expendi- 38 tures made to date. All quarterly reports shall be accompanied by a 39 recommendation by the city fiscal affairs officer setting forth any 40 remedial action necessary to resolve any unfavorable budget variance 41 including the overestimation of revenues and the underestimation of 42 appropriations, and shall be completed within thirty days of the end of 43 each quarter. The city treasurer shall also prepare, as part of such 44 report, a quarterly trial balance of general ledger accounts. The above 45 quarterly budgetary reports and quarterly trial balances shall be 46 prepared in accordance with applicable accounting principles incorpo- 47 rated in the uniform system of accounts prescribed by the state comp- 48 troller. These reports shall be submitted to the city fiscal affairs 49 officer, the mayor, the city council, the state director of the budget, 50 the state comptroller, the chair of the assembly ways and means commit- 51 tee, and the chair of the senate finance committee. 52 § 8. Budget review by state comptroller. During the effective period 53 of this act, the city fiscal affairs officer shall submit the proposed 54 budget for the next succeeding fiscal year to the state comptroller no 55 later than thirty days before the date scheduled for the city council's 56 vote on the adoption of the final budget or the last date on which theS. 8306--C 88 A. 8806--C 1 budget may be finally adopted, whichever is sooner. The state comp- 2 troller shall examine such proposed budget and make such recommendations 3 as deemed appropriate thereon to the city prior to the adoption of the 4 budget, but no later than ten days before the date scheduled for the 5 city council's vote on the adoption of the final budget or the last date 6 on which the budget must be adopted, whichever is sooner. Such recommen- 7 dations shall be made after examination into the estimates of revenues 8 and expenditures of the city. The city council, no later than five days 9 prior to the adoption of the budget, shall review any such recommenda- 10 tions and make adjustments to the proposed budget consistent with any 11 recommendations made by the state comptroller. 12 § 9. Multiyear financial plans. During the effective period of this 13 act, the city fiscal affairs officer shall prepare, along with the 14 proposed budget for the next succeeding fiscal year, a three-year finan- 15 cial plan covering the next succeeding fiscal year and the two fiscal 16 years thereafter. The financial plan shall, at a minimum, contain 17 projected employment levels, projected annual expenditures for personal 18 service, fringe benefits, non-personal services and debt service; appro- 19 priate reserve fund amounts; estimated annual revenues including projec- 20 tion of property tax rates, the value of the taxable real property and 21 resulting tax levy, annual growth in sales tax and non-property tax 22 revenues; and the proposed use of one-time revenue sources. The finan- 23 cial plan shall also identify actions necessary to achieve and maintain 24 long-term fiscal stability, including, but not limited to, improved 25 management practices, initiatives to minimize or reduce operating 26 expenses, and potential shared services agreements with other munici- 27 palities. Within thirty days following the adoption by the city council 28 of the budget for the next succeeding fiscal year and upon the 29 completion of each quarterly budget report pursuant to section seven of 30 this act, the city fiscal affairs officer shall update the financial 31 plan consistent with such adopted budget or such quarterly budget 32 report. Copies of the financial plan and any update shall be provided to 33 the city treasurer, the mayor, the city council, the state director of 34 the budget, the state comptroller, the chair of the assembly ways and 35 means committee, and the chair of the senate finance committee. 36 § 10. State comptroller to comment on further debt issuance. During 37 the effective period of this act, the city treasurer shall notify the 38 state comptroller at least fifteen days prior to the issuance of any 39 bonds or notes or entering into any installment purchase contract, and 40 the state comptroller may review and make recommendations regarding the 41 affordability to the city of any such proposed issuance or contract. 42 § 11. Private sale of bonds authorized. To facilitate the marketing of 43 (a) deficit bonds, (b) any bonds issued to refund such deficit bonds, 44 and (c) any other bonds to be issued on or before December 31, 2025, the 45 city may, notwithstanding any limitation on the private sales of bonds 46 provided by law and subject to the approval of the state comptroller of 47 the terms and conditions of such sales: 48 (1) arrange for the underwriting of such bonds at private sale through 49 negotiated fees or by sale of such bonds to an underwriter; or 50 (2) arrange for the private sale of such bonds through negotiated 51 agreement, with compensation for such sales to be provided by negotiated 52 agreement and/or negotiated fee, if required. 53 The cost of such underwriting or private placement shall be deemed to 54 be a preliminary cost for purposes of section 11.00 of the local finance 55 law.S. 8306--C 89 A. 8806--C 1 § 12. Exceptions to the local finance law. Except as provided in this 2 act, all proceedings in connection with the issuance of such deficit 3 bonds or deficit notes shall be had and taken in accordance with the 4 provisions of the local finance law, provided, however, that any resol- 5 ution or resolutions authorizing the issuance of such bonds or bond 6 anticipation notes shall not be subject to (a) any mandatory or permis- 7 sive referendum, (b) the provisions of section 107.00 of the local 8 finance law with respect to any requirements for a down payment and (c) 9 the provisions of section 10.10 of the local finance law. 10 § 13. Special debt service fund. (a) Upon the issuance of any deficit 11 bonds or deficit notes, the city council shall establish and thereafter 12 maintain a special debt service fund with the state comptroller for the 13 purpose of paying the special debt service due or becoming due in subse- 14 quent fiscal years. Such special debt service fund shall be discontinued 15 upon the expiration of the effectiveness of this act, and any balance 16 remaining in the special debt service fund at that time shall be paid by 17 the state comptroller to the city treasurer for use by the city in the 18 manner provided by law. 19 (b) The state comptroller shall deposit and pay into the special debt 20 service fund any portion of state aid as the state comptroller deter- 21 mines necessary to ensure sufficient moneys are available to make sched- 22 uled special debt service payments from the special debt service fund 23 over the succeeding twelve month period taking account of the city's 24 receipt of city taxes and state aid during such twelve month period and 25 the availability of other amounts appropriated or set aside by the city 26 to make such payments. Thereafter, the state comptroller shall, as soon 27 as practicable, pay over the remainder of any such state aid to the city 28 treasurer for use by the city in the manner provided by law. 29 (c) Not later than the first day of each fiscal year beginning after 30 issuance of any deficit bonds or deficit notes, the city treasurer shall 31 certify to the state comptroller the percentage obtained by dividing the 32 balance obtained by subtracting the amount of the appropriation for such 33 year for a reserve for uncollected taxes from the total amount of city 34 taxes levied and assessed for such year, into the total appropriation in 35 the budget of such year for special debt service, and the percentage so 36 certified shall constitute the debt service percentage for such fiscal 37 year. Immediately upon receipt of any payment during such fiscal year of 38 or on account of any city taxes, the city, its collecting officer and 39 any agent receiving the same shall remit such payment to the state comp- 40 troller. Of each sum so received, the state comptroller shall deposit 41 and pay into the special debt service fund the portion thereof equal to 42 the debt service percentage of the total sum, and shall deposit and pay 43 into the fund such additional amounts as the state comptroller deter- 44 mines necessary to ensure sufficient moneys are available to make sched- 45 uled special debt service payments from the special debt service fund 46 over the succeeding twelve month period taking account of the timing of 47 the city's receipt of city taxes and state aid during such twelve month 48 period and the availability of other amounts appropriated or set aside 49 by the city to make such payments. Thereafter, the state comptroller 50 shall, as soon as practicable, pay over the remainder of such sum to the 51 city treasurer for use by the city in the manner provided by law. 52 (d) The moneys in the special debt service fund shall be invested in 53 the manner provided by section 11 of the general municipal law, 54 provided, however, that the investments shall be made for and on behalf 55 of the city by the state comptroller upon instructions from the chief 56 fiscal officer of the city which shall be consistent with the city'sS. 8306--C 90 A. 8806--C 1 investment policy adopted pursuant to section 39 of the general munici- 2 pal law. 3 (e) The state comptroller shall from time to time during each fiscal 4 year withdraw from the special debt service fund all amounts required 5 for the payment as the same becomes due of all special debt service of 6 such fiscal year and cause the amounts so withdrawn to be applied to 7 such payments as and when due. 8 (f) The special debt service fund and all monies or securities therein 9 or payable thereto in accordance with this section is hereby declared to 10 be city property devoted to essential governmental purposes and accord- 11 ingly, shall not be applied to any purpose other than as provided herein 12 and shall not be subject to any order, judgment, lien, execution, 13 attachment, setoff or counterclaim by any creditor of the city other 14 than a creditor for whose benefit such fund is established and main- 15 tained and entitled thereto under and pursuant to this act. 16 § 14. Agreement with the state. (a) The state does hereby pledge to 17 and agree with the holders of any bonds, notes or other obligations 18 issued by the city during the effective period of this act and secured 19 by such a pledge that the state will not limit, alter or impair the 20 rights hereby vested in the city to fulfill the terms of any agreements 21 made with such holders pursuant to this act, or in any way impair the 22 rights and remedies of such holders or the security for such bonds, 23 notes or other obligations until such bonds, notes or other obligations 24 together with the interest thereon and all costs and expenses in 25 connection with any action or proceeding by or on behalf of such hold- 26 ers, are fully paid and discharged. The city is authorized to include 27 this pledge and agreement of the state in any agreement with the holders 28 of such bonds, notes or other obligations. Nothing contained in this act 29 shall be deemed to (i) obligate the state to make any payments or impose 30 any taxes to satisfy the debt service obligations of the city, (ii) 31 restrict any right of the state to amend, modify, repeal or otherwise 32 alter (A) section 54 of the state finance law or any other provision 33 relating to state aid, or (B) statutes imposing or relating to taxes or 34 fees, or appropriations relating thereto, or (iii) create a debt of the 35 state within the meaning of any constitutional or statutory provisions. 36 The city shall not include in any resolution, contract or agreement with 37 holders of such bonds, notes or other obligations any provision which 38 provides that an event of default occurs as a result of the state exer- 39 cising its rights described in paragraph (ii) of this subdivision. 40 (b) Any provision with respect to state aid shall be deemed executory 41 only to the extent of moneys available, and no liability shall be 42 incurred by the state beyond the moneys available for that purpose, and 43 any such payment by the state comptroller of state aid shall be subject 44 to annual appropriation of state aid by the state legislature. 45 § 15. Rights of the state comptroller and bondholders. (a) In the 46 event that the city shall fail to comply with any provision of this act, 47 and such non-compliance shall continue for a period of 30 days, (1) the 48 state comptroller acting alone, or (2) a duly appointed representative 49 of the holders of at least 25 per centum in aggregate principal amount 50 of (i) any series of deficit bonds or deficit notes, (ii) any series of 51 bonds issued to refund such deficit bonds or deficit notes, or (iii) any 52 other series of notes or bonds issued by the city during the effective 53 period of this act, by instrument or instruments filed in the office of 54 the clerk of Chautauqua county and proved or acknowledged in the same 55 manner as a deed to be recorded, may bring an action or commence a 56 proceeding in accordance with the civil practice law and rules to (A)S. 8306--C 91 A. 8806--C 1 require the city to carry out any of its obligations under this act or 2 (B) enjoin any acts or things which may be unlawful or in violation of 3 the obligations imposed on the city under this act. In addition, the 4 duly appointed representative of the bondholders of any such series of 5 notes or bonds may bring an action or commence a proceeding in accord- 6 ance with the civil practice law and rules to enforce the rights of the 7 holders of such series of notes or bonds. 8 (b) The supreme court in the county of Chautauqua shall have jurisdic- 9 tion of any action or proceeding by the state comptroller or the repre- 10 sentative of such bondholders. 11 § 16. Severability clause. If any clause, sentence, paragraph, section 12 or part of this act shall be adjudged by any court of competent juris- 13 diction to be invalid, such judgment shall not affect, impair or invali- 14 date the remainder thereof, but shall be confined in its operation to 15 the clause, sentence, paragraph, section or part involved in the contro- 16 versy in which such judgment shall have been rendered. The provisions of 17 this act shall be liberally construed to assist the effectuation of the 18 public purposes furthered hereby. 19 § 17. This act shall take effect immediately; and shall remain in full 20 force and effect until the fifteenth anniversary of the date of first 21 issuance of deficit bonds or deficit notes pursuant to this act, when 22 upon such date the provisions of this act shall be deemed repealed; and 23 provided, however, that the state comptroller shall notify the legisla- 24 tive bill drafting commission upon the occurrence of this act in order 25 that the commission may maintain an accurate and timely effective data 26 base of the official text of the laws of the state of New York in furth- 27 erance of effectuating the provisions of section 44 of the legislative 28 law and section 70-b of the public officers law. 29 PART EE 30 Section 1. The real property tax law is amended by adding a new 31 section 421-p to read as follows: 32 § 421-p. Exemption of newly-constructed or converted rental multiple 33 dwellings. 1. (a) A city, town or village may, by local law, provide 34 for the exemption of rental multiple dwellings constructed or converted 35 in a benefit area designated in such local law from taxation and special 36 ad valorem levies, as provided in this section. Subsequent to the 37 adoption of such a local law, any other municipal corporation in which 38 the designated benefit area is located may likewise exempt such property 39 from its taxation and special ad valorem levies by local law, or in the 40 case of a school district, by resolution. 41 (b) As used in this section, the term "benefit area" means the area 42 within a city, town or village, designated by local law, to which an 43 exemption, established pursuant to this section, applies. 44 (c) The term "rental multiple dwelling" means a structure, other than 45 a hotel, consisting of ten or more dwelling units, where all of the 46 units are rented for residential purposes, and twenty-five percent of 47 such units, upon initial rental and upon each subsequent rental follow- 48 ing a vacancy during the benefit period, are affordable to and 49 restricted to occupancy by individuals or families whose household 50 income does not exceed a weighted average of no less than sixty percent 51 of the area median income and no more than eighty percent of the area 52 median income, adjusted for family size, at the time that such house- 53 holds initially occupy such dwelling units, provided further that all of 54 the income restricted units upon initial rental and upon each subsequentS. 8306--C 92 A. 8806--C 1 rental following a vacancy during the restriction period or extended 2 restriction period, as applicable, shall be affordable to and restricted 3 to occupancy by individuals or families whose household income does not 4 exceed one hundred percent of the area median income, adjusted for fami- 5 ly size, at the time that such households initially occupy such dwelling 6 units. Provided further, that any local law authorizing an exemption 7 pursuant to this section may provide for the area median income weighted 8 average within the amounts set forth in this paragraph. Such restriction 9 period shall be in effect coterminous with the benefit period, provided, 10 however, that the tenant or tenants in an income restricted dwelling 11 unit at the time such restriction period ends shall have the right to 12 lease renewals at the income restricted level until such time as such 13 tenant or tenants permanently vacate the dwelling unit. 14 2. Eligible newly-constructed or converted rental multiple dwellings 15 in a designated benefit area shall be wholly exempt from taxation while 16 under construction, subject to a maximum of three years. Such property 17 shall then be exempt for an additional period of twenty-five years, 18 provided, that the exemption percentage during such additional period of 19 twenty-five years shall begin at ninety-six percent and shall decrease 20 by four percent each year thereafter. Provided, however: 21 (a) Taxes shall be paid during the exemption period in an amount at 22 least equal to the taxes paid on such land and any improvements thereon 23 during the tax year preceding the commencement of such exemption. 24 (b) No other exemption may be granted concurrently to the same 25 improvements under any other section of law. 26 3. To be eligible for exemption under this section, any new 27 construction shall take place on vacant, predominantly vacant or underu- 28 tilized land, or on land improved with a non-conforming use or on land 29 containing one or more substandard or structurally unsound dwellings, or 30 a dwelling that has been certified as unsanitary by the local health 31 agency. The provisions of this subdivision shall not apply to any new 32 conversions undertaken pursuant to this section. 33 4. Application for exemption under this section shall be made on a 34 form prescribed by the commissioner and filed with the assessor on or 35 before the applicable taxable status date. 36 5. In the case of a newly constructed or converted property which is 37 used partially as a rental multiple dwelling and partially for commer- 38 cial or other purposes, the portion of the property that is used as a 39 rental multiple dwelling shall be eligible for the exemption authorized 40 by this section if: 41 (a) The square footage of the portion used as a rental multiple dwell- 42 ing represents at least fifty percent of the square footage of the 43 entire property; 44 (b) The rental units are affordable to individuals or families as 45 determined according to the criteria set forth in paragraph (c) of 46 subdivision one of this section; and 47 (c) The requirements of this section are otherwise satisfied with 48 respect to the portion of the property used as a rental multiple dwell- 49 ing. 50 6. (a) For the purposes of this subdivision, the following terms shall 51 have the following meanings: 52 (i) "Applicant" shall mean an applicant for the exemption authorized 53 by this section and/or any successor to such applicant. 54 (ii) "Covered building service employer" shall mean any applicant 55 and/or any employer of building service employees for such applicantS. 8306--C 93 A. 8806--C 1 including, but not limited to, a property management company or contrac- 2 tor. 3 (iii) "Building service employee" shall mean any person who is regu- 4 larly employed at, and performs work in connection with the care or 5 maintenance of, an eligible multiple dwelling, including, but not limit- 6 ed to, a watchman, guard, doorman, building cleaner, porter, handyman, 7 janitor, gardener, groundskeeper, elevator operator and starter, and 8 window cleaner, but not including persons regularly scheduled to work 9 fewer than eight hours per week at such eligible multiple dwelling. 10 (iv) "Fiscal officer" shall mean the commissioner of labor. 11 (v) "Eligible multiple dwelling" shall mean any newly-constructed or 12 converted rental multiple dwellings that receive benefits pursuant to 13 this section. 14 (b) All building service employees employed by the covered building 15 service employer at the eligible multiple dwelling shall receive the 16 applicable prevailing wage in accordance with article nine of the labor 17 law for the duration of the benefit period, regardless of whether such 18 benefits are revoked or terminated. Such applicable prevailing wage 19 shall in no case be lower than the prevailing wage provided to building 20 service employees for work performed within the respective county under 21 the collective bargaining agreement covering the largest number of hour- 22 ly building service employees employed at residential buildings within 23 such county in each job classification established by the commissioner 24 of labor. The commissioner of labor shall determine the applicable 25 prevailing wage rates and prevailing rate of fringe benefits for each 26 job classification consistent with the corresponding job classifications 27 covered by such collective bargaining agreements. To determine the 28 applicable supplement benefit rate, the commissioner of labor shall 29 identify the applicable hourly, weekly or monthly cost to an employer as 30 specified under the applicable collective bargaining agreement of 31 providing such supplements. 32 (c) (i) The fiscal officer shall have the power to enforce the 33 provisions of this subdivision. In enforcing such provisions, the fiscal 34 officer shall have the power: (A) to investigate or cause an investi- 35 gation to be made to determine the prevailing wages for building service 36 employees, and in making such investigation, the fiscal officer may 37 utilize wage and fringe benefit data from various sources, including, 38 but not limited to, data and determinations of federal, state or other 39 governmental agencies; provided, however, that the provision of a dwell- 40 ing unit shall not be considered wages or a fringe benefit; (B) to 41 institute and conduct inspections at the site of the work or elsewhere; 42 (C) to examine the books, documents and records pertaining to the wages 43 paid to, and the hours of work performed by, building service employees; 44 (D) to hold hearings and, in connection therewith, to issue subpoenas, 45 the enforcement of which shall be regulated by the civil practice law 46 and rules, administer oaths and examine witnesses; (E) to make a classi- 47 fication by craft, trade or other generally recognized occupational 48 category of the building service employees and to determine whether such 49 work has been performed by the building service employees in such clas- 50 sification; (F) to require the applicant to file with the fiscal officer 51 a record of the wages actually paid to the building service employees 52 and of their hours of work; (G) to delegate any of the foregoing powers 53 to such fiscal officer's deputy or other authorized representative; (H) 54 to promulgate rules as such fiscal officer shall consider necessary for 55 the proper execution of the duties, responsibilities and powers 56 conferred upon him or her by the provisions of this subdivision; and (I)S. 8306--C 94 A. 8806--C 1 to prescribe appropriate sanctions for failure to comply with the 2 provisions of this subdivision. 3 (ii) For each violation of paragraph (b) of this subdivision, the 4 fiscal officer may require the payment of: 5 (A) back wages and fringe benefits; 6 (B) liquidated damages up to three times the amount of the back wages 7 and fringe benefits for willful violations; and/or 8 (C) reasonable attorneys' fees. If the fiscal officer finds that the 9 applicant has failed to comply with the provisions of this subdivision, 10 such fiscal officer shall present evidence of such non-compliance to the 11 village, town, or city that enacted a local law pursuant to this 12 section, or to any municipal agency or entity identified in such local 13 law. 14 (d) Paragraph (b) of this subdivision shall not be applicable to: (i) 15 an eligible multiple dwelling containing less than thirty dwelling 16 units; or (ii) an eligible multiple dwelling whose new construction or 17 conversion is carried out with the substantial assistance of grants, 18 loans or subsidies provided by a federal, state or local governmental 19 agency or instrumentality pursuant to a program for the development of 20 affordable housing. 21 (e) The applicant shall submit a sworn affidavit with its application 22 certifying that it shall ensure compliance with the requirements of this 23 subdivision or is exempt in accordance with paragraph (d) of this subdi- 24 vision. Upon the approval of the village, town, or city that enacted a 25 local law pursuant to this section, or of any municipal agency or entity 26 identified in such local law, of such application, the applicant who is 27 not exempt in accordance with paragraph (d) of this subdivision shall 28 submit annually a sworn affidavit to the fiscal officer certifying that 29 it shall ensure compliance with the requirements of this subdivision. 30 (f) The village, town, or city that enacted a local law pursuant to 31 this section, or any municipal agency or entity identified in such local 32 law shall annually publish a list of all eligible sites subject to the 33 requirements of this subdivision and the affadavits required pursuant to 34 paragraph (e) of this subdivision. 35 (g) If a covered building service employer has committed three 36 violations of the requirements of paragraph (b) of this subdivision with 37 respect to the same eligible multiple dwelling within a five-year peri- 38 od, the village, town, or city that enacted a local law pursuant to this 39 section, or any municipal agency or entity identified in such local law 40 may revoke any benefits associated with such eligible multiple dwelling 41 under this section. For purposes of this paragraph, a "violation" of 42 paragraph (b) of this subdivision will be deemed a finding by the fiscal 43 officer that a covered building service employer has failed to comply 44 with paragraph (b) of this subdivision and has failed to cure the defi- 45 ciency within three months of such finding. Provided, however, that 46 after a second such violation, the applicant shall be notified that any 47 further violation may result in the revocation of benefits under this 48 section and that the fiscal officer shall publish on its website a list 49 of all applicants with two violations as defined in this paragraph. If 50 benefits are terminated or revoked for failure to comply with this 51 subdivision all of the affordable housing units shall remain subject to 52 rent stabilization and all other requirements of this section for the 53 duration of the restriction period, regardless of whether such benefits 54 have been terminated or revoked. 55 7. The exemption authorized by this section shall not be available in 56 a city with a population of one million or more.S. 8306--C 95 A. 8806--C 1 8. Any recipient of the exemption authorized by this section or their 2 designee shall certify compliance with the provisions of this section 3 under penalty of perjury, at such time or times and in such manner as 4 may be prescribed in the local law adopted by the city, town or village 5 pursuant to paragraph (a) of subdivision one of this section, or by a 6 subsequent local law. Such city, town or village may establish such 7 procedures as it deems necessary for monitoring and enforcing compliance 8 of an eligible building with the provisions of this section. 9 § 2. The real property tax law is amended by adding a new section 10 421-pp to read as follows: 11 § 421-pp. Exemption of newly converted or constructed fully income 12 restricted rental multiple dwellings. 1. (a) A city, town or village 13 may, by local law, provide for the exemption of rental multiple dwell- 14 ings constructed or converted in a benefit area designated in such local 15 law from taxation and special ad valorem levies, as provided in this 16 section. Subsequent to the adoption of such a local law, any other 17 municipal corporation in which the designated benefit area is located 18 may likewise exempt such property from its taxation and special ad valo- 19 rem levies by local law, or in the case of a school district, by resol- 20 ution. 21 (b) As used in this section, the term "benefit area" means the area 22 within a city, town or village, designated by local law, to which an 23 exemption, established pursuant to this section, applies. 24 (c) As used in this section, the term "rental multiple dwelling" means 25 a structure, other than a hotel, consisting of ten or more dwelling 26 units, where all but a maximum of two of the units are rented for resi- 27 dential purposes, and all of such units, upon initial rental and upon 28 each subsequent rental following a vacancy during the restriction period 29 or extended restriction period, as applicable, is affordable to and 30 restricted to occupancy by individuals or families whose household 31 income does not exceed a weighted average of no less than sixty percent 32 of the area median income and no more than eighty percent of the area 33 median income, adjusted for family size, at the time that such house- 34 holds initially occupy such dwelling units, provided further that all of 35 the income restricted units upon initial rental and upon each subsequent 36 rental following a vacancy during the restriction period or extended 37 restriction period, as applicable, shall be affordable to and restricted 38 to occupancy by individuals or families whose household income does not 39 exceed one hundred percent of the area median income, adjusted for fami- 40 ly size, at the time that such households initially occupy such dwelling 41 units. The two residential units that are not income restricted must be 42 occupied by superintendents, caretakers, managers or other employees to 43 whom the space is provided as part or all of their compensation without 44 payment of rent and who are employed for the purpose of rendering 45 services in connection with the premises of which the housing accommo- 46 dation is a part. In the event no unit is provided or rented to such an 47 employee, all units in the building must be income restricted pursuant 48 to this paragraph. Provided further that any local law authorizing an 49 exemption pursuant to this section may provide for the area median 50 income weighted average within the amounts set forth in this paragraph. 51 Such restriction period shall be in effect coterminous with the benefit 52 period, provided, however, that the tenant or tenants in an income 53 restricted dwelling unit at the time such restriction period ends shall 54 have the right to lease renewals at the income restricted level until 55 such time as such tenant or tenants permanently vacate the dwelling 56 unit.S. 8306--C 96 A. 8806--C 1 2. Eligible newly-constructed or converted rental multiple dwellings 2 in a designated benefit area shall be wholly exempt from taxation while 3 under construction, subject to a maximum of three years. Such property 4 shall then be exempt for an additional period of thirty years. Provided, 5 however: 6 (a) Taxes shall be paid during the exemption period in an amount to be 7 determined by the local law providing the exception pursuant to this 8 section, provided, however, that amount shall be no greater than ten per 9 centum of the shelter rent of the eligible rental multiple dwelling 10 exempted pursuant to this section. 11 (b) No other exemption may be granted concurrently to the same 12 improvements under any other section of law. 13 3. To be eligible for exemption under this section, any new 14 construction shall take place on vacant, predominantly vacant or underu- 15 tilized land, or on land improved with a non-conforming use or on land 16 containing one or more substandard or structurally unsound dwellings, or 17 a dwelling that has been certified as unsanitary by the local health 18 agency. The provisions of this subdivision shall not apply to any new 19 conversions undertaken pursuant to this section. 20 4. Application for exemption under this section shall be made on a 21 form prescribed by the commissioner and filed with the assessor on or 22 before the applicable taxable status date. 23 5. In the case of newly constructed property which is used partially 24 as a rental multiple dwelling and partially for commercial or other 25 purposes, the portion of the newly constructed property that is used as 26 a rental multiple dwelling shall be eligible for the exemption author- 27 ized by this section if: 28 (a) the square footage of the portion used as a rental multiple dwell- 29 ing represents at least fifty percent of the square footage of the 30 entire property; 31 (b) the rental units are affordable to individuals or families as 32 determined according to the criteria set forth in paragraph (c) of 33 subdivision one of this section; and 34 (c) the requirements of this section are otherwise satisfied with 35 respect to the portion of the property used as a rental multiple dwell- 36 ing. 37 6. The exemption authorized by this section shall not be available in 38 a city with a population of one million or more. 39 7. Any recipient of the exemption authorized by this section or their 40 designee shall certify compliance with the provisions of this section 41 under penalty of perjury, at such time or times and in such manner as 42 may be prescribed in the local law adopted by the city, town or village 43 pursuant to paragraph (a) of subdivision one of this section, or by a 44 subsequent local law. Such city, town or village may establish such 45 procedures as it deems necessary for monitoring and enforcing compliance 46 of an eligible building with the provisions of this section. 47 § 3. This act shall take effect immediately. 48 PART FF 49 Section 1. Paragraph 1 of subdivision d of section 6 of section 4 of 50 chapter 576 of the laws of 1974, constituting the emergency tenant 51 protection act of nineteen seventy-four, as amended by section 18 of 52 part Q of chapter 39 of the laws of 2019, is amended to read as follows: 53 (1) there has been a substantial modification or increase of dwelling 54 space, or installation of new equipment or improvements or new furnitureS. 8306--C 97 A. 8806--C 1 or furnishings, provided in or to a tenant's housing accommodation, on 2 written informed tenant consent to the rent increase. In the case of a 3 vacant housing accommodation, tenant consent shall not be required. [The4temporary] Except as provided in subparagraph (B) of this paragraph, the 5 increase in the legal regulated rent for the affected housing accommo- 6 dation shall be one-one hundred sixty-eighth, in the case of a building 7 with thirty-five or fewer housing accommodations or one-one hundred 8 eightieth in the case of a building with more than thirty-five housing 9 accommodations where such increase takes effect on or after the effec- 10 tive date of the chapter of the laws of two thousand nineteen that 11 amended this paragraph, of the total actual cost incurred by the land- 12 lord up to [fifteen thousand dollars] an amount set forth in this para- 13 graph in providing such reasonable and verifiable modification or 14 increase in dwelling space, furniture, furnishings, or equipment, 15 including the cost of installation but excluding finance charges and any 16 costs that exceed reasonable costs established by rules and regulations 17 promulgated by the division of housing and community renewal. Such rules 18 and regulations shall include: (i) requirements for work to be done by 19 licensed contractors and a prohibition on common ownership between the 20 landlord and the contractor or vendor; and (ii) a requirement that the 21 owner resolve within the dwelling space all outstanding hazardous or 22 immediately hazardous violations of the Uniform Fire Prevention and 23 Building Code (Uniform Code), New York City Fire Code, or New York City 24 Building and Housing Maintenance Codes, if applicable. Provided further 25 that an owner who is entitled to a rent increase pursuant to this para- 26 graph shall not be entitled to a further rent increase based upon the 27 installation of similar equipment, or new furniture or furnishings with- 28 in the useful life of such new equipment, or new furniture or 29 furnishings. Provided further that the recoverable costs incurred by the 30 landlord, pursuant to this paragraph, shall be limited to an aggregate 31 cost [of fifteen thousand dollars that may be expended on no more than32three separate individual apartment improvements in a fifteen year peri-33od beginning with the first individual apartment improvement on or after34June fourteenth, two thousand nineteen. Provided further that increases35to the legal regulated rent pursuant to this paragraph shall be removed36from the legal regulated rent thirty years from the date the increase37became effective inclusive of any increases granted by the applicable38rent guidelines board.] pursuant to the following: 39 (A) thirty thousand dollars that may be expended in a fifteen-year 40 period beginning with the first individual apartment improvement on or 41 after June fourteenth, two thousand nineteen, provided further that: 42 (1) if there is a tenant in place at the time the individual apartment 43 improvement is undertaken, no costs incurred by the landlord shall be 44 recoverable pursuant to this subparagraph unless the landlord obtains 45 written tenant consent from the tenant in place at the time the individ- 46 ual apartment improvement was undertaken; 47 (2) increases to the legal regulated rent pursuant to this subpara- 48 graph shall be permanent; and 49 (3) the thirty thousand dollars may be expended, in the aggregate, on 50 any number of separate individual apartment improvements in a fifteen- 51 year period, but in no event shall costs above thirty thousand dollars 52 be recoverable in a fifteen-year period pursuant to this subparagraph. 53 (B) fifty thousand dollars that may be expended in a fifteen-year 54 period beginning with the first individual apartment improvement on or 55 after June fourteenth, two thousand nineteen, pursuant to regulation,S. 8306--C 98 A. 8806--C 1 operational bulletin or such other guidance as the division of housing 2 and community renewal may issue, provided further that: 3 (1) costs shall only be recoverable by a landlord pursuant to this 4 subparagraph for an individual apartment improvement undertaken during a 5 vacancy; 6 (2) costs shall only be recoverable by a landlord pursuant to this 7 subparagraph for an individual apartment improvement if (i) the apart- 8 ment was timely registered as vacant by no later than the thirty-first 9 of December in each of two thousand twenty-two, two thousand twenty- 10 three, and two thousand twenty-four, provided that a landlord may 11 recover costs on this basis no more than once, or (ii) if the apartment 12 is vacant following a period of continuous occupancy of at least twen- 13 ty-five years that occurred immediately prior to the commencement of 14 such individual apartment improvement; 15 (3) costs shall only be recoverable by a landlord pursuant to this 16 subparagraph if such landlord has received prior certification to 17 recover costs pursuant to this subparagraph from the division of housing 18 and community renewal based on establishing that the landlord satisfies 19 one of the eligibility criteria delineated in clause two of this subpar- 20 agraph, provided further that such certification shall not be deemed as 21 evidence that the work performed or costs claimed for the individual 22 apartment improvement was substantiated or to otherwise act as a defense 23 in any subsequent rent overcharge proceeding, determination, or audit; 24 (4) increases to the legal regulated rent pursuant to this subpara- 25 graph shall be permanent; 26 (5) the increase in the legal regulated rent for the affected housing 27 accommodation shall be one-one hundred forty-fourth, in the case of a 28 building with thirty-five or fewer housing accommodations or one-one 29 hundred fifty-sixth in the case of a building with more than thirty-five 30 housing accommodations where such increase takes effect on or after the 31 effective date of the chapter of the laws of two thousand twenty-four 32 that amended this paragraph, of the total actual cost incurred by the 33 landlord up to fifty thousand dollars in providing such reasonable and 34 verifiable modification or increase in dwelling space, furniture, 35 furnishings, or equipment, including the cost of installation but 36 excluding finance charges and any costs that exceed reasonable costs 37 established by rules and regulations promulgated by the division of 38 housing and community renewal; 39 (6) costs shall only be recoverable by a landlord pursuant to this 40 subparagraph for an individual apartment improvement if, immediately 41 prior to undertaking such individual apartment improvement, the landlord 42 submits to the division of housing and community renewal any evidence 43 that the division of housing and community renewal deems necessary and 44 requests pursuant to regulation, operational bulletin or other guidance, 45 demonstrating that the improvement was necessitated by a sub-standard 46 condition or exceeding its useful life immediately prior to the land- 47 lord's work to improve the unit and the landlord's planned work to 48 improve the unit. Such evidence shall include, but shall not be limited 49 to, photos of any areas, aspects or appliances in the apartment that 50 will be improved, and any necessary permits required to undertake the 51 improvements; 52 (7) costs shall only be recoverable by a landlord pursuant to this 53 subparagraph for an individual apartment improvement if, immediately 54 subsequent to undertaking the individual apartment improvement, the 55 landlord submits to the division of housing and community renewal any 56 evidence that the division of housing and community renewal deems neces-S. 8306--C 99 A. 8806--C 1 sary and requests pursuant to regulation, operational bulletin or other 2 guidance, evidence of the completed work. Such evidence shall include, 3 but shall not be limited to, photographs of the completed work, itemized 4 receipts for all parts, materials, appliances, and labor costs, and 5 proof of payment. Provided further, the division of housing and communi- 6 ty renewal shall require the payment of a fee that equals one percent of 7 the amount claimed for the individual apartment improvement at the time 8 of such filing; 9 (8) for costs recoverable pursuant to item (ii) of clause two of this 10 subparagraph, the fifty thousand dollars may be expended, in the aggre- 11 gate, on any number of separate individual apartment improvements in a 12 fifteen-year period, but in no event shall costs above fifty thousand 13 dollars be recoverable in a fifteen-year period pursuant to this subpar- 14 agraph; 15 (9) the division of housing and community renewal may perform an audit 16 of any individual apartment improvement conducted pursuant to this 17 subparagraph to determine whether the individual apartment improvement 18 was undertaken in the manner described and to the extent claimed by the 19 landlord, whether the costs claimed were substantiated by records, and 20 whether the rent was properly adjusted. Such audit may incorporate an 21 inspection of the accommodation at bar. The landlord and the tenant 22 living in the accommodation may participate in such audit. In the event 23 the audit finds that the recoverable costs claimed by the landlord 24 cannot be substantiated, the resulting overcharge shall be considered to 25 be willful. In addition, the division of housing and community renewal 26 may issue any fines or penalties set forth in regulations; 27 (10) the division of housing and community renewal shall perform 28 random on-site inspections, as it deems necessary, for any unit for 29 which the owner seeks to recover costs pursuant to this subparagraph; 30 and 31 (11) no owner shall be eligible for the rent increase based on indi- 32 vidual apartment improvements pursuant to this subparagraph if, within 33 the five year period prior to filing such individual apartment improve- 34 ment, any unit within any building owned by any owner of the building in 35 which the unit for which the owner seeks an individual apartment 36 improvement is located, including but not limited to partial or benefi- 37 cial owners, has been the subject of an award or determination by the 38 division of housing and community renewal or a court of competent juris- 39 diction for treble damages due to an overcharge or the owner of the 40 building in which the unit is located has been the subject of an award 41 or determination by the division of housing and community renewal or a 42 court of competent jurisdiction for harassment of any tenants, provided 43 that such owner shall provide an affidavit confirming such owner's 44 eligibility under this clause to the division of housing and community 45 renewal at the same time as, and in addition to, any other materials the 46 division of housing and community renewal shall require an owner to 47 submit pursuant to clause six of this subparagraph, and provided further 48 that such affidavit shall not be deemed to be evidence of compliance 49 with this clause or a defense in any subsequent rent overcharge proceed- 50 ing, determination, or audit. 51 § 2. Paragraph 12 of subdivision (a) of section 10-b of section 4 of 52 chapter 576 of the laws of 1974, constituting the emergency tenant 53 protection act of nineteen seventy-four, as amended by section 23 of 54 part Q of chapter 39 of the laws of 2019, is amended to read as follows: 55 12. establish a form in the top six languages other than English 56 spoken in the state according to the latest available data from the U.S.S. 8306--C 100 A. 8806--C 1 Bureau of Census for [a temporary] an individual apartment improvement 2 rent increase for a tenant in occupancy which shall be used by landlords 3 to obtain written informed consent that shall include the estimated 4 total cost of the improvement and the estimated monthly rent increase. 5 Such consent shall be executed in the tenant's primary language. Such 6 form shall be completed and preserved in the centralized electronic 7 retention system to be operational by June 14, 2020, provided further 8 that any changes to the form required due to the individual apartment 9 improvement being permanent shall be completed as of October 14, 2024. 10 Nothing herein shall relieve a landlord, lessor, or agent thereof of 11 [his or her] such person's duty to retain proper documentation of all 12 improvements performed or any rent increases resulting from said 13 improvements. 14 § 3. Paragraph 13 of subdivision c of section 26-511 of the adminis- 15 trative code of the city of New York, as amended by section 19 of part Q 16 of chapter 39 of the laws of 2019, is amended to read as follows: 17 (13) provides that an owner is entitled to a rent increase where there 18 has been a substantial modification or increase of dwelling space, or 19 installation of new equipment or improvements or new furniture or 20 furnishings provided in or to a tenant's housing accommodation, on writ- 21 ten informed tenant consent to the rent increase. In the case of a 22 vacant housing accommodation, tenant consent shall not be required. [The23temporary] Except as provided in subparagraph (B) of this paragraph, 24 increase in the legal regulated rent for the affected housing accommo- 25 dation shall be one-one hundred sixty-eighth, in the case of a building 26 with thirty-five or fewer housing accommodations or one-one hundred 27 eightieth in the case of a building with more than thirty-five housing 28 accommodations where such increase takes effect on or after the effec- 29 tive date of the chapter of the laws of two thousand nineteen that 30 amended this paragraph, of the total actual cost incurred by the land- 31 lord in providing such reasonable and verifiable modification or 32 increase in dwelling space, furniture, furnishings, or equipment, 33 including the cost of installation but excluding finance charges and any 34 costs that exceed reasonable costs established by rules and regulations 35 promulgated by the division of housing and community renewal. Such rules 36 and regulations shall include: (i) requirements for work to be done by 37 licensed contractors and prohibit common ownership between the landlord 38 and the contractor or vendor; and (ii) a requirement that the owner 39 resolve within the dwelling space all outstanding hazardous or imme- 40 diately hazardous violations of the Uniform Fire Prevention and Building 41 Code (Uniform Code), New York City Fire Code, or New York City Building 42 and Housing Maintenance Codes, if applicable. Provided further that an 43 owner who is entitled to a rent increase pursuant to this paragraph 44 shall not be entitled to a further rent increase based upon the instal- 45 lation of similar equipment, or new furniture or furnishings within the 46 useful life of such new equipment, or new furniture or furnishings. 47 Provided further that the recoverable costs incurred by the landlord, 48 pursuant to this paragraph, shall be limited to an aggregate cost of 49 [fifteen thousand dollars that may be expended on no more than three50separate individual apartment improvements in a fifteen year period] an 51 amount set forth in this paragraph beginning with the first individual 52 apartment improvement on or after June fourteenth, two thousand nine- 53 teen. Provided further that increases to the legal regulated rent pursu- 54 ant to this paragraph shall [be removed from the legal regulated rent55thirty years from the date the increase became effective inclusive ofS. 8306--C 101 A. 8806--C 1any increases granted by the applicable rent guidelines board.] be 2 limited to an aggregate cost pursuant to the following: 3 (A) thirty thousand dollars that may be expended in a fifteen-year 4 period beginning with the first individual apartment improvement on or 5 after June fourteenth, two thousand nineteen, provided further that: 6 (1) if there is a tenant in place at the time the individual apartment 7 improvement is undertaken, no costs incurred by the landlord shall be 8 recoverable pursuant to this subparagraph unless the landlord obtains 9 written tenant consent from the tenant in place at the time the individ- 10 ual apartment improvement was undertaken; 11 (2) increases to the legal regulated rent pursuant to this subpara- 12 graph shall be permanent; and 13 (3) the thirty thousand dollars may be expended, in the aggregate, on 14 any number of separate individual apartment improvements in a fifteen- 15 year period, but in no event shall costs above thirty thousand dollars 16 be recoverable in a fifteen-year period pursuant to this subparagraph. 17 (B) fifty thousand dollars that may be expended in a fifteen-year 18 period beginning with the first individual apartment improvement on or 19 after June fourteenth, two thousand nineteen, pursuant to regulation, 20 operational bulletin or such other guidance as the division of housing 21 and community renewal may issue, provided further that: 22 (1) costs shall only be recoverable by a landlord pursuant to this 23 subparagraph for an individual apartment improvement undertaken during a 24 vacancy; 25 (2) costs shall only be recoverable by a landlord pursuant to this 26 subparagraph for an individual apartment improvement if (i) the apart- 27 ment was timely registered as vacant by no later than the thirty-first 28 of December in each of two thousand twenty-two, two thousand twenty- 29 three, and two-thousand twenty-four, provided that a landlord may 30 recover costs on this basis no more than once, or (ii) if the apartment 31 is vacant following a period of continuous occupancy of at least twen- 32 ty-five years that occurred immediately prior to the commencement of 33 such individual apartment improvement; 34 (3) costs shall only be recoverable by a landlord pursuant to this 35 subparagraph if such landlord has received prior certification to 36 recover costs pursuant to this subparagraph from the division of housing 37 and community renewal based on establishing that the landlord satisfies 38 one of the eligibility criteria delineated in clause two of this subpar- 39 agraph, provided further that such certification shall not be deemed as 40 evidence that the work performed or costs claimed for the individual 41 apartment improvement was substantiated or to otherwise act as a defense 42 in any subsequent rent overcharge proceeding, determination, or audit; 43 (4) increases to the legal regulated rent pursuant to this subpara- 44 graph shall be permanent; 45 (5) the increase in the legal regulated rent for the affected housing 46 accommodation shall be one-one hundred forty-fourth, in the case of a 47 building with thirty-five or fewer housing accommodations or one-one 48 hundred fifty-sixth in the case of a building with more than thirty-five 49 housing accommodations where such increase takes effect on or after the 50 effective date of this chapter, of the total actual cost incurred by the 51 landlord up to fifty thousand dollars in providing such reasonable and 52 verifiable modification or increase in dwelling space, furniture, 53 furnishings, or equipment, including the cost of installation but 54 excluding finance charges and any costs that exceed reasonable costs 55 established by rules and regulations promulgated by the division of 56 housing and community renewal;S. 8306--C 102 A. 8806--C 1 (6) costs shall only be recoverable by a landlord pursuant to this 2 subparagraph for an individual apartment improvement if, immediately 3 prior to undertaking such individual apartment improvement, the landlord 4 submits to the division of housing and community renewal any evidence 5 that the division of housing and community renewal deems necessary and 6 requests pursuant to regulation, operational bulletin or other guidance, 7 demonstrating that the improvement was necessitated by a sub-standard 8 condition or exceeding its useful life immediately prior to the land- 9 lord's work to improve the unit and the landlord's planned work to 10 improve the unit. Such evidence shall include, but shall not be limited 11 to, photos of any areas, aspects or appliances in the apartment that 12 will be improved, and any necessary permits required to undertake the 13 improvements; 14 (7) costs shall only be recoverable by a landlord pursuant to this 15 subparagraph for an individual apartment improvement if, immediately 16 subsequent to undertaking the individual apartment improvement, the 17 landlord submits to the division of housing and community renewal any 18 evidence that the division of housing and community renewal deems neces- 19 sary and requests pursuant to regulation, operational bulletin or other 20 guidance, evidence of the completed work. Such evidence shall include, 21 but shall not be limited to, photographs of the completed work, itemized 22 receipts for all parts, materials, appliances, and labor costs, and 23 proof of payment. Provided further, the division of housing and communi- 24 ty renewal shall require the payment of a fee that equals one percent of 25 the amount claimed for the individual apartment improvement at the time 26 of such filing; 27 (8) for costs recoverable pursuant to item (ii) of clause two of this 28 subparagraph, the fifty thousand dollars may be expended, in the aggre- 29 gate, on any number of separate individual apartment improvements in a 30 fifteen-year period, but in no event shall costs above fifty thousand 31 dollars be recoverable in a fifteen-year period pursuant to this subpar- 32 agraph; 33 (9) the division of housing and community renewal may perform an audit 34 of any individual apartment improvement conducted pursuant to this 35 subparagraph to determine whether the individual apartment improvement 36 was undertaken in the manner described and to the extent claimed by the 37 landlord, whether the costs claimed were substantiated by records, and 38 whether the rent was properly adjusted. Such audit may incorporate an 39 inspection of the accommodation at bar. The landlord and the tenant 40 living in the accommodation may participate in such audit. In the event 41 the audit finds that the recoverable costs claimed by the landlord 42 cannot be substantiated, the resulting overcharge shall be considered to 43 be willful. In addition, the division of housing and community renewal 44 may issue any fines or penalties set forth in regulations; 45 (10) the division of housing and community renewal shall perform 46 random on-site inspections, as it deems necessary, for any unit for 47 which the owner seeks to recover costs pursuant to this subparagraph; 48 and 49 (11) no owner shall be eligible for the rent increase based on indi- 50 vidual apartment improvements pursuant to this subparagraph if, within 51 the five-year period prior to filing such individual apartment improve- 52 ment, any unit within any building owned by any owner of the building in 53 which the unit for which the owner seeks an individual apartment 54 improvement is located, including but not limited to partial or benefi- 55 cial owners, has been the subject of an award or determination by the 56 division of housing and community renewal or a court of competent juris-S. 8306--C 103 A. 8806--C 1 diction for treble damages due to an overcharge or the owner of the 2 building in which the unit is located has been the subject of an award 3 or determination by the division of housing and community renewal or a 4 court of competent jurisdiction for harassment of any tenants, provided 5 that such owner shall provide an affidavit confirming such owner's 6 eligibility under this clause to the division of housing and community 7 renewal at the same time as, and in addition to, any other materials the 8 division of housing and community renewal shall require an owner to 9 submit pursuant to clause six of this subparagraph, and provided further 10 that such affidavit shall not be deemed to be evidence of compliance 11 with this clause or a defense in any subsequent rent overcharge proceed- 12 ing, determination, or audit. 13 § 4. Paragraph 12 of subdivision a of section 26-511.1 of the adminis- 14 trative code of the city of New York, as amended by section 21 of part Q 15 of chapter 39 of the laws of 2019, is amended to read as follows: 16 (12) establish a form in the top six languages other than English 17 spoken in the state according to the latest available data from the U.S. 18 Bureau of Census for [a temporary] an individual apartment improvement 19 rent increase for a tenant in occupancy which shall be used by landlords 20 to obtain written informed consent that shall include the estimated 21 total cost of the improvement and the estimated monthly rent increase. 22 Such consent shall be executed in the tenant's primary language. Such 23 form shall be completed and preserved in the centralized electronic 24 retention system to be operational by June 14, 2020, provided further 25 that any changes to the form required due to the individual apartment 26 improvement being permanent shall be completed as of October 14, 2024. 27 Nothing herein shall relieve a landlord, lessor, or agent thereof of 28 [his or her] such person's duty to retain proper documentation of all 29 improvements performed or any rent increases resulting from said 30 improvements. 31 § 5. Subparagraph (e) of paragraph 1 of subdivision g of section 32 26-405 of the administrative code of the city of New York, as amended by 33 section 20 of part Q of chapter 39 of the laws of 2019, is amended to 34 read as follows: 35 (e) The landlord and tenant by mutual voluntary written agreement 36 demonstrating informed consent agree to a substantial increase or 37 decrease in dwelling space or a change in furniture, furnishings or 38 equipment provided in the housing accommodations. An adjustment under 39 this subparagraph shall be equal to one-one hundred sixty-eighth, in the 40 case of a building with thirty-five or fewer housing accommodations or 41 one-one hundred eightieth in the case of a building with more than thir- 42 ty-five housing accommodations where such [temporary] adjustment takes 43 effect on or after the effective date of the chapter of the laws of two 44 thousand nineteen that amended this subparagraph, of the total actual 45 cost incurred by the landlord in providing such reasonable and verifi- 46 able modification or increase in dwelling space, furniture, furnishings, 47 or equipment, including the cost of installation but excluding finance 48 charges and any costs that exceed reasonable costs established by rules 49 and regulations promulgated by the division of housing and community 50 renewal. Such rules and regulations shall include: (i) requirements for 51 work to be done by licensed contractors and prohibit common ownership 52 between the landlord and the contractor or vendor; and (ii) a require- 53 ment that the owner resolve within the dwelling space all outstanding 54 hazardous or immediately hazardous violations of the Uniform Fire 55 Prevention and Building Code (Uniform Code), New York City Fire Code, or 56 New York City Building and Housing Maintenance Codes, if applicable.S. 8306--C 104 A. 8806--C 1 Provided further that an owner who is entitled to a rent increase pursu- 2 ant to this subparagraph shall not be entitled to a further rent 3 increase based upon the installation of similar equipment, or new furni- 4 ture or furnishings within the useful life of such new equipment, or new 5 furniture or furnishings. Provided further that the recoverable costs 6 incurred by the landlord, pursuant to this subparagraph shall be limited 7 to an aggregate cost of [fifteen] thirty thousand dollars [that may be8expended on no more than three separate individual apartment improve-9ments] in a fifteen year period beginning with the first individual 10 apartment improvement on or after June fourteenth, two thousand nine- 11 teen. [Provided further that increases to the legal regulated rent12pursuant to this subparagraph shall be removed from the legal regulated13rent thirty years from the date the increase became effective inclusive14of any increases granted by the applicable rent guidelines board.] The 15 owner shall give written notice to the city rent agency of any such 16 [temporary] adjustment pursuant to this subparagraph; or 17 § 6. Paragraph 12 of subdivision a of section 26-405.1 of the adminis- 18 trative code of the city of New York, as amended by section 22 of part Q 19 of chapter 39 of the laws of 2019, is amended to read as follows: 20 (12) establish a form in the top six languages other than English 21 spoken in the state according to the latest available data from the U.S. 22 Bureau of Census for [a temporary] an individual apartment improvement 23 rent increase for a tenant in occupancy which shall be used by landlords 24 to obtain written informed consent that shall include the estimated 25 total cost of the improvement and the estimated monthly rent increase. 26 Such consent shall be executed in the tenant's primary language. Such 27 form shall be completed and preserved in the centralized electronic 28 retention system to be operational by June 14, 2020, provided further 29 that any changes to the form required due to the individual apartment 30 improvement being permanent shall be completed as of October 14, 2024. 31 Nothing herein shall relieve a landlord, lessor, or agent thereof of 32 [his or her] such person's duty to retain proper documentation of all 33 improvements performed or any rent increases resulting from said 34 improvements. 35 § 7. Subparagraph 5 of the second undesignated paragraph of paragraph 36 (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946 37 constituting the emergency housing rent control law, as amended by 38 section 36 of part Q of chapter 39 of the laws of 2019, is amended to 39 read as follows: 40 (5) the landlord and tenant by mutual voluntary written informed 41 agreement agree to a substantial increase or decrease in dwelling space, 42 furniture, furnishings or equipment provided in the housing accommo- 43 dations; provided that an owner shall be entitled to a rent increase 44 where there has been a substantial modification or increase of dwelling 45 space, or installation of new equipment or improvements or new furniture 46 or furnishings provided in or to a tenant's housing accommodation. The 47 [temporary] increase in the maximum rent for the affected housing accom- 48 modation shall be one-one hundred sixty-eighth, in the case of a build- 49 ing with thirty-five or fewer housing accommodations, or one-one hundred 50 eightieth, in the case of a building with more than thirty-five housing 51 accommodations where such increase takes effect on or after the effec- 52 tive date of the chapter of the laws of two thousand nineteen that 53 amended this subparagraph, of the total actual cost incurred by the 54 landlord up to [fifteen] thirty thousand dollars in providing such 55 reasonable and verifiable modification or increase in dwelling space, 56 furniture, furnishings, or equipment, including the cost of installationS. 8306--C 105 A. 8806--C 1 but excluding finance charges and any costs that exceed reasonable costs 2 established by rules and regulations promulgated by the division of 3 housing and community renewal. Such rules and regulations shall include: 4 (i) requirements for work to be done by licensed contractors and a 5 prohibition on common ownership between the landlord and the contractor 6 or vendor; and (ii) a requirement that the owner resolve within the 7 dwelling space all outstanding hazardous or immediately hazardous 8 violations of the uniform fire prevention and building code (Uniform 9 Code), New York city fire code, or New York city building and housing 10 maintenance codes, if applicable. Provided further that an owner who is 11 entitled to a rent increase pursuant to this clause shall not be enti- 12 tled to a further rent increase based upon the installation of similar 13 equipment, or new furniture or furnishings within the useful life of 14 such new equipment, or new furniture or furnishings. Provided further 15 that the recoverable costs incurred by the landlord, pursuant to this 16 subparagraph, shall be limited to an aggregate cost of [fifteen] thirty 17 thousand dollars [that may be expended on no more than three separate18individual apartment improvements] in a fifteen year period beginning 19 with the first individual apartment improvement on or after June four- 20 teenth, two thousand nineteen. [Provided further that increases to the21legal regulated rent pursuant to this paragraph shall be removed from22the legal regulated rent thirty years from the date the increase became23effective inclusive of any increases granted by the applicable rent24guidelines board.] The owner shall give written notice to the commission 25 of any such adjustment pursuant to this clause; or 26 § 8. Paragraph (l) of subdivision 1 of section 8-a of chapter 274 of 27 the laws of 1946, constituting the emergency housing rent control law, 28 as amended by section 24 of part Q of chapter 39 of the laws of 2019, is 29 amended to read as follows: 30 (l) establish a form in the top six languages other than English 31 spoken in the state according to the latest available data from the U.S. 32 Bureau of Census for [a temporary] an individual apartment improvement 33 rent increase for a tenant in occupancy which shall be used by landlords 34 to obtain written informed consent that shall include the estimated 35 total cost of the improvement and the estimated monthly rent increase. 36 Such consent shall be executed in the tenant's primary language. Such 37 form shall be completed and preserved in the centralized electronic 38 retention system to be operational by June 14, 2020, provided further 39 that any changes to the form required due to the individual apartment 40 improvement being permanent shall be completed as of October 14, 2024. 41 Nothing herein shall relieve a landlord, lessor, or agent thereof of 42 [his or her] such person's duty to retain proper documentation of all 43 improvements performed or any rent increases resulting from said 44 improvements. 45 § 9. This act shall take effect on the one hundred eightieth day after 46 it shall have become a law; provided that the amendments to sections 47 26-405 and 26-405.1 of the city rent and rehabilitation law made by 48 sections five and six of this act shall remain in full force and effect 49 only as long as the public emergency requiring the regulation and 50 control of residential rents and evictions continues, as provided in 51 subdivision 3 of section 1 of the local emergency housing rent control 52 act; and provided, further, that the amendments to sections 26-511 and 53 26-511.1 of chapter 4 of title 26 of the administrative code of the city 54 of New York made by sections three and four of this act shall expire on 55 the same date as such law expires and shall not affect the expiration of 56 such law as provided under section 26-520 of such law.S. 8306--C 106 A. 8806--C 1 PART GG 2 Section 1. Subdivision 10 of section 292 of the executive law, as 3 added by chapter 340 of the laws of 1955, is amended to read as follows: 4 10. The term "housing accommodation" includes any building, structure, 5 or portion thereof which is used or occupied or is intended, arranged or 6 designed to be used or occupied, as the home, residence or sleeping 7 place of one or more human beings. The term "housing accommodation" 8 also includes any accessory dwelling unit, defined as any attached or a 9 detached residential dwelling unit that provides complete independent 10 living facilities for one or more persons which is located on a lot with 11 a proposed or existing primary residence and shall include permanent 12 provisions for living, sleeping, eating, cooking, and sanitation on the 13 same lot as the single-family or multi-family dwelling. 14 § 2. The real property tax law is amended by adding a new section 15 421-p to read as follows: 16 § 421-p. Exemption of capital improvements to residential new 17 construction involving the creation of accessory dwelling units. 1. 18 Residential buildings reconstructed, altered, improved, or newly 19 constructed in order to create one or more additional residential dwell- 20 ing units on the same parcel as a pre-existing residential building to 21 provide independent living facilities for one or more persons subsequent 22 to the effective date of a local law or resolution enacted pursuant to 23 this section shall be exempt from taxation and special ad valorem levies 24 to the extent provided hereinafter. After a public hearing, the govern- 25 ing board of a county, city, town or village may adopt a local law and a 26 school district, other than a school district subject to article fifty- 27 two of the education law, may adopt a resolution to grant the exemption 28 authorized pursuant to this section. A copy of such local law or resol- 29 ution shall be filed with the commissioner and the assessor of such 30 county, city, town or village who prepares the assessment roll on which 31 the taxes of such county, city, town, village or school district are 32 levied. 33 2. (a) Such buildings shall be exempt for a period of five years to 34 the extent of one hundred per centum of the increase in assessed value 35 thereof attributable to such reconstruction, alteration, improvement, or 36 new construction for such additional residential unit or units that 37 provide independent living facilities for one or more persons, and for 38 an additional period of five years subject to the following: 39 (i) The extent of such exemption shall be decreased by twenty-five per 40 centum of the "exemption base" for each of the first three years during 41 such additional period and shall be decreased by a further ten per 42 centum of the "exemption base" during each of the final two years of 43 such additional period. The exemption shall expire at the end of the 44 extended period. The "exemption base" shall be the increase in assessed 45 value as determined in the initial year of the term of the exemption, 46 except as provided in subparagraph (ii) of this paragraph. 47 (ii) In any year in which a change in level of assessment of fifteen 48 percent or more is certified for a final assessment roll pursuant to the 49 rules of the commissioner, the exemption base shall be multiplied by a 50 fraction, the numerator of which shall be the total assessed value of 51 the parcel on such final assessment roll (after accounting for any phys- 52 ical or quantity changes to the parcel since the immediately preceding 53 assessment roll), and the denominator of which shall be the total 54 assessed value of the parcel on the immediately preceding final assess- 55 ment roll. The result shall be the new exemption base. The exemptionS. 8306--C 107 A. 8806--C 1 shall thereupon be recomputed to take into account the new exemption 2 base, notwithstanding the fact that the assessor receives certification 3 of the change in level of assessment after the completion, verification 4 and filing of the final assessment roll. In the event the assessor does 5 not have custody of the roll when such certification is received, the 6 assessor shall certify the recomputed exemption to the local officers 7 having custody and control of the roll, and such local officers are 8 hereby directed and authorized to enter the recomputed exemption certi- 9 fied by the assessor on the roll. The assessor shall give written notice 10 of such recomputed exemption to the property owner, who may, if such 11 property owner believes that the exemption was recomputed incorrectly, 12 apply for a correction in the manner provided by title three of article 13 five of this chapter for the correction of clerical errors. 14 (iii) Such exemption shall be limited to two hundred thousand dollars 15 in increased market value of the property attributable to such recon- 16 struction, alteration, improvement, or new construction and any increase 17 in market value greater than such amount shall not be eligible for the 18 exemption pursuant to this section. For the purposes of this section, 19 the market value of the reconstruction, alteration, improvement, or new 20 construction as authorized by subdivision one of this section shall be 21 equal to the increased assessed value attributable to such recon- 22 struction, alteration, improvement, or new construction divided by the 23 class one ratio in a special assessing unit or the most recently estab- 24 lished state equalization rate or special equalization rate in the 25 remainder of the state, except where the state equalization rate or 26 special equalization rate equals or exceeds ninety-five percent, in 27 which case the increase in assessed value attributable to such recon- 28 struction, alteration, improvement, or new construction shall be deemed 29 to equal the market value of such reconstruction, alteration, improve- 30 ment, or new construction. 31 (b) No such exemption shall be granted for reconstruction, alter- 32 ations, improvements, or new construction unless: 33 (i) such reconstruction, alteration, improvement, or new construction 34 was commenced subsequent to the effective date of the local law or 35 resolution adopted pursuant to subdivision one of this section; and 36 (ii) the value of such reconstruction, alteration, improvement, or new 37 construction exceeds three thousand dollars; and 38 (iii) such reconstruction, alteration, improvement, or new 39 construction created one or more additional residential dwelling units 40 on the same parcel as the pre-existing residential building to provide 41 independent living facilities for one or more persons. 42 (c) For purposes of this section the terms reconstruction, alteration, 43 improvement, and new construction shall not include ordinary maintenance 44 and repairs. 45 3. Such exemption shall be granted only upon application by the owner 46 of such building on a form prescribed by the commissioner. The applica- 47 tion shall be filed with the assessor of the city, town, village or 48 county having the power to assess property for taxation on or before the 49 appropriate taxable status date of such city, town, village or county. 50 4. If satisfied that the applicant is entitled to an exemption pursu- 51 ant to this section, the assessor shall approve the application and such 52 building shall thereafter be exempt from taxation and special ad valorem 53 levies as herein provided commencing with the assessment roll prepared 54 on the basis of the taxable status date referred to in subdivision three 55 of this section. The assessed value of any exemption granted pursuant to 56 this section shall be entered by the assessor on the assessment rollS. 8306--C 108 A. 8806--C 1 with the taxable property, with the amount of the exemption shown in a 2 separate column. 3 5. For the purposes of this section, a residential building shall mean 4 any building or structure designed and occupied exclusively for residen- 5 tial purposes by not more than two families. 6 6. In the event that a building granted an exemption pursuant to this 7 section ceases to be used primarily for residential purposes, or title 8 thereto is transferred to other than the heirs or distributees of the 9 owner, the exemption granted pursuant to this section shall cease. 10 7. (a) A county, city, town or village may, by its local law, or 11 school district, by its resolution: 12 (i) reduce the per centum of exemption otherwise allowed pursuant to 13 this section; and 14 (ii) limit eligibility for the exemption to those forms of recon- 15 struction, alterations, improvements, or new construction as are 16 prescribed in such local law or resolution. 17 (b) No such local law or resolution shall repeal an exemption granted 18 pursuant to this section until the expiration of the period for which 19 such exemption was granted. 20 § 3. This act shall take effect immediately and shall apply to assess- 21 ment rolls based on taxable status dates occurring on or after such 22 effective date. 23 PART HH 24 Section 1. The real property law is amended by adding a new article 25 6-A to read as follows: 26 ARTICLE 6-A 27 GOOD CAUSE EVICTION LAW 28 Section 210. Short title. 29 211. Definitions. 30 212. Applicability in the city of New York. 31 213. Voluntary participation by local governments outside the 32 city of New York. 33 214. Covered housing accommodations. 34 215. Necessity for good cause. 35 216. Grounds for removal of tenants. 36 217. Preservation of existing requirements of law. 37 218. Waiver of rights void. 38 § 210. Short title. This article shall be cited as the "good cause 39 eviction law". 40 § 211. Definitions. 1. The term "housing accommodation", as used in 41 this article shall mean any residential premises, including any residen- 42 tial premises located within a mixed-use residential premises. 43 2. The term "landlord" as used in this article shall mean any fee 44 owner, lessor, sublessor, assignor, court appointed receiver, or any 45 other person or entity receiving or entitled to receive rent for the 46 occupancy of any housing accommodation or an agent of any of the forego- 47 ing. 48 3. (a) The term "small landlord" as used in this article shall mean a 49 landlord of no more than (i) ten units in the state, or (ii) such other 50 number of units in the state designated by local law pursuant to para- 51 graph (b) of subdivision two of section two hundred thirteen of this 52 article. 53 (b) If a landlord is a single natural person, then that landlord is a 54 small landlord if they own or are a beneficial owner of, directly orS. 8306--C 109 A. 8806--C 1 indirectly, in whole or in part, no more than the number of units estab- 2 lished pursuant to paragraph (a) of this subdivision; if there is more 3 than one natural person owner, then no one person may own or be a bene- 4 ficial owner of, directly or indirectly, in whole or in part, more than 5 the number of units established pursuant to paragraph (a) of this subdi- 6 vision. 7 (c) If a landlord is an entity, organized under the laws of this state 8 or of any other jurisdiction, then that landlord is a small landlord if 9 each natural person with a direct or indirect ownership interest in the 10 entity or any affiliated entity owns no more than the number of units 11 established pursuant to paragraph (a) of this subdivision. If an entity 12 cannot provide the names of all natural persons with a direct or indi- 13 rect ownership interest in the entity, such entity shall not qualify as 14 a small landlord. 15 4. The term "tenant" as used in this article shall mean a tenant, 16 sub-tenant, lessee, sublessee, or any other person entitled to the 17 lawful possession, use or occupancy of any housing accommodation. An 18 individual shall not be considered a tenant for the purposes of this 19 article if: 20 (a) no landlord-tenant relationship exists, as established pursuant to 21 any of the grounds set forth in section seven hundred thirteen of the 22 real property actions and proceedings law; or 23 (b) the individual is an occupant, as defined in paragraph (b) of 24 subdivision one of section two hundred thirty-five-f of this chapter, 25 who has not received the landlord's express or implied consent to use 26 the housing accommodation as their primary residence in exchange for 27 payment of rent. 28 5. The term "rent" as used in this article shall mean any consider- 29 ation, including any bonus, benefit or gratuity demanded or received for 30 or in connection with the possession, use or occupancy of housing accom- 31 modations or the execution or transfer of a lease for such housing 32 accommodations. The term "rent" shall not include any separate charges 33 for services, amenities or facilities which the tenant pays in addition 34 to rent, including but not limited to charges for fitness centers, park- 35 ing, storage, or facility rentals, provided that such charges are not 36 imposed or increased for the purposes of circumventing this article. 37 6. The term "disabled person" as used in this article shall mean a 38 person who has an impairment which results from anatomical, physiolog- 39 ical or psychological conditions, other than addiction to alcohol, 40 gambling, or any controlled substance, which are demonstrable by 41 medically acceptable clinical and laboratory diagnostic techniques, and 42 which are expected to be permanent and which substantially limit one or 43 more of such person's major life activities. 44 7. The term "inflation index" shall mean five percent plus the annual 45 percentage change in the consumer price index for all urban consumers 46 for all items as published by the United States bureau of labor statis- 47 tics for the region in which the housing accommodation is located, as 48 established for the most recent preceding calendar year as shall be 49 published by the division of housing and community renewal no later than 50 the first of August in any given year, provided further that for New 51 York city and any village, town, or city that adopts the provisions of 52 this article by local law pursuant to subdivision one of section two 53 hundred thirteen of this article in the counties of Dutchess, Nassau, 54 Orange, Putnam, Rockland, Suffolk, and Westchester, such consumer price 55 index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer price 56 index, and provided further that for any other village, town, or cityS. 8306--C 110 A. 8806--C 1 that adopts the provisions of this article by local law pursuant to 2 subdivision one of section two hundred thirteen of this article, such 3 consumer price index shall be the Northeast Region consumer price index. 4 8. The term "local rent standard" shall mean a rent increase equal to 5 the inflation index or ten percent, whichever is lower. 6 § 212. Applicability in the city of New York. Upon the effective date 7 of this section, this article shall apply to the city of New York. 8 § 213. Voluntary participation by local governments outside the city 9 of New York. 1. Applicability. This article shall apply in any village, 10 town, or a city, other than the city of New York, that, acting through 11 its local legislative body, adopts the provisions of this article by 12 local law. 13 2. Opt-in by a village, town, or city, other than the city of New 14 York. A village, town, or city that adopts the provisions of this arti- 15 cle by local law pursuant to subdivision one of this section may: 16 (a) provide that any unit on or within a housing accommodation shall 17 be exempt from the provisions of this article if such unit has a monthly 18 rent above a percent of fair market rent, as published by the United 19 States department of housing and urban development and as shall be 20 published for each county in the state by the division of housing and 21 community renewal pursuant to subdivision fifteen of section two hundred 22 fourteen of this article, that shall be established in the local law 23 adopted pursuant to subdivision one of this section, provided that if 24 such local law does not establish such percent of fair market rent, any 25 unit on or within a housing accommodation with a monthly rent greater 26 than two hundred forty-five percent of such fair market rent shall be 27 exempt from the provisions of this article; and/or 28 (b) define "small landlord" as a landlord of no more than any number 29 of units in the state that the village, town, or city enacts by local 30 law, provided that if such local law does not define "small landlord," a 31 "small landlord" shall mean a landlord of no more than ten units in the 32 state. 33 3. Notwithstanding the foregoing provisions of this section, if a town 34 and a village within such town both adopt the provisions of this article 35 by local law pursuant to subdivision one of this section, the local law 36 adopted by such town shall not apply within the territorial limits of a 37 village within such town. 38 4. Nothing in this section shall permit a village, town, or city to 39 which this article applies to preempt or alter the terms and provisions 40 of this article within such village, town or city. 41 5. Within thirty days of receipt of a local law adopted pursuant to 42 subdivision one of this section, and filed with the department of state 43 pursuant to section twenty-seven of the municipal home rule law, the 44 department of state shall notify the division of housing and community 45 renewal of such adoption. 46 6. The division of housing and community renewal shall include in the 47 annual publication required pursuant to subdivision seven of section two 48 hundred eleven of this article a list including any village, town, or 49 city, other than the city of New York, as to which the division of hous- 50 ing and community renewal has received the notice from the department of 51 state required pursuant to subdivision five of this section indicating 52 that such village, town, or city has adopted a local law pursuant to 53 subdivision one of this section to apply the provisions of this article 54 within such village, town, or city. Such list shall include the name of 55 each village, town, or city that has adopted such a local law, the 56 applicable fair market rent threshold within such village, town, or cityS. 8306--C 111 A. 8806--C 1 for exemption from the provisions of this article established pursuant 2 to paragraph (a) of subdivision two of this section, and the applicable 3 definition of small landlord within such village, town, or city estab- 4 lished pursuant to paragraph (b) of subdivision two of this section. 5 § 214. Covered housing accommodations. Where this article applies, it 6 shall apply to all housing accommodations except a: 7 1. premises owned by a small landlord provided that in connection with 8 any eviction proceeding in which the landlord claims an exemption from 9 the provisions of this article on the basis of being a small landlord, 10 such landlord shall provide to the tenant or tenants subject to the 11 proceeding the name of each natural person who owns or is a beneficial 12 owner of, directly or indirectly, in whole or in part, the housing 13 accommodation at issue in the proceeding, the number of units owned, 14 jointly or separately, by each such natural person owner, and the 15 addresses of any such units, excluding each natural person owner's prin- 16 cipal residence; provided further that if the landlord is an entity, 17 organized under the laws of this state or of any other jurisdiction, 18 then such landlord shall provide to the tenant or tenants subject to the 19 proceeding the name of each natural person with a direct or indirect 20 ownership interest in such entity or any affiliated entity, the number 21 of units owned, jointly or separately, by each such natural person 22 owner, and the addresses of any such units, excluding each natural 23 person owner's principal residence; 24 2. owner-occupied housing accommodation with no more then ten units; 25 3. unit on or within a housing accommodation where such unit is sublet 26 pursuant to section two hundred twenty-six-b of this chapter, or other- 27 wise, where the sublessor seeks in good faith to recover possession of 28 such housing accommodation for their own personal use and occupancy; 29 4. unit on or within a housing accommodation where the possession, use 30 or occupancy of which is solely incident to employment and such employ- 31 ment is being or has been lawfully terminated; 32 5. unit on or within a housing accommodation where such unit is other- 33 wise subject to regulation of rents or evictions pursuant to local, 34 state or federal law, rule, or regulation; 35 6. unit on or within a housing accommodation where such unit must be 36 affordable to tenants at a specific income level pursuant to statute, 37 regulation, restrictive declaration, or pursuant to a regulatory agree- 38 ment with a local, state, or federal government entity; 39 7. unit on or within a housing accommodation owned as a condominium or 40 cooperative, or a unit on or within a housing accommodation subject to 41 an offering plan submitted to the office of the attorney general, 42 provided that nothing herein shall abrogate or otherwise limit any 43 rights or obligations a tenant residing in a unit within a condominium 44 or cooperative or a purchaser, owner, or offeror of a condominium or 45 cooperative unit has pursuant to any other state law; 46 8. housing accommodation for which a temporary or permanent certif- 47 icate of occupancy was issued on or after the first of January, two 48 thousand nine, for a period of time of thirty years following issuance 49 of such certificate; 50 9. unit on or within a housing accommodation that qualifies as a 51 seasonal use dwelling unit pursuant to subdivisions four and five of 52 section 7-108 of the general obligations law; 53 10. housing accommodation in a hospital as defined in subdivision one 54 of section twenty-eight hundred one of the public health law, continuing 55 care retirement community licensed pursuant to article forty-six or 56 forty-six-A of the public health law, assisted living residence licensedS. 8306--C 112 A. 8806--C 1 pursuant to article forty-six-B of the public health law, adult care 2 facility licensed pursuant to article seven of the social services law, 3 senior residential community that have submitted an offering plan to the 4 attorney general, and not-for-profit independent retirement community 5 that offer personal emergency response, housekeeping, transportation and 6 meals to their residents; 7 11. manufactured home located on or in a manufactured home park as 8 defined in section two hundred thirty-three of the real property law; 9 12. hotel room or other transient use covered by the definition of a 10 class B multiple dwelling under subdivision nine of section four of the 11 multiple dwelling law, regardless of whether such use is located in a 12 jurisdiction in which the multiple dwelling law applies; 13 13. dormitory owned and operated by an institution of higher education 14 or a kindergarten and grades 1 to 12, inclusive, school; 15 14. housing accommodation within and for use by a religious facility 16 or institution; and 17 15. unit on or within a housing accommodation where the monthly rent 18 is greater than the percent of fair market rent established pursuant to 19 paragraph (a) of subdivision two of section two hundred thirteen of this 20 article in a local law of a village, town, or city, other than the city 21 of New York, adopting the provisions of this article pursuant to subdi- 22 vision one of section two hundred thirteen of this article, or two 23 hundred forty-five percent of the fair market rent, provided that fair 24 market rent shall refer to the figure published by the United States 25 department of housing and urban development, for the county in which the 26 housing accommodation is located, as shall be published by the division 27 of housing and community renewal no later than the first of August in 28 any given year. The division of housing and community renewal shall 29 publish the fair market rent and two hundred forty-five percent of the 30 fair market rent for each unit type for which such fair market rent is 31 published by the United States department of housing and urban develop- 32 ment for each county in New York state in the annual publication 33 required pursuant to subdivision seven of section two hundred eleven of 34 this article. 35 § 215. Necessity for good cause. No landlord shall, by action to evict 36 or to recover possession, by exclusion from possession, by failure to 37 renew any lease, or otherwise, remove any tenant from housing accommo- 38 dations covered by section two hundred fourteen of this article except 39 for good cause as defined in section two hundred sixteen of this arti- 40 cle. 41 § 216. Grounds for removal of tenants. 1. No landlord shall remove a 42 tenant from any housing accommodation covered by section two hundred 43 fourteen of this article, or attempt such removal or exclusion from 44 possession, notwithstanding that the tenant has no written lease or that 45 the lease or other rental agreement has expired or otherwise terminated, 46 except upon order of a court of competent jurisdiction entered in an 47 appropriate judicial action or proceeding in which the petitioner or 48 plaintiff has established one of the following grounds as good cause for 49 removal or eviction: 50 (a) (i) The tenant has failed to pay rent due and owing, provided 51 however that the rent due and owing, or any part thereof, did not result 52 from a rent increase which is unreasonable. In determining whether all 53 or part of the rent due and owing is the result of an unreasonable rent 54 increase, it shall be a rebuttable presumption that the rent for a 55 dwelling not protected by rent regulation is unreasonable if said rent 56 has been increased in any calendar year, after the effective date ofS. 8306--C 113 A. 8806--C 1 this article, or after the effective date of the local law in any 2 village, town, or city that enacts such local law to apply this article 3 to such village, town, or city pursuant to subdivision one of section 4 two hundred thirteen of this article, by an amount greater than the 5 local rent standard, provided further that no rent increase less than or 6 equal to the local rent standard shall be deemed unreasonable. 7 (ii) Whenever a court considers whether a rent increase is unreason- 8 able, the court may consider all relevant facts, including but not 9 limited to a landlord's costs for fuel and other utilities, insurance, 10 and maintenance; but in all cases, the court shall consider the land- 11 lord's property tax expenses and any recent increases thereto; such 12 relevant facts also shall include whether the landlord, other than in 13 circumstances governed by paragraph (d) of this subdivision, seeks in 14 good faith to raise the rent upon a renewal lease to reflect completed 15 significant repairs to the housing accommodation, or to any other part 16 of the building or real property in which the housing accommodation is 17 located, provided that the landlord can establish that the repairs 18 constituted significant repairs and that such repairs did not result 19 from the landlord's failure to properly maintain the building or housing 20 accommodation, and provided further that for the purposes of this 21 subparagraph, "significantly repair" means the replacement or substan- 22 tial modification of any structural, electrical, plumbing, or mechanical 23 system that requires a permit from a governmental agency, or abatement 24 of hazardous materials, including lead-based paint, mold, or asbestos in 25 accordance with applicable federal, state, and local laws, and provided 26 further cosmetic improvements alone, including painting, decorating, and 27 minor repairs, do not qualify as significant repairs; 28 (b) The tenant is violating a substantial obligation of their tenancy 29 or breaching any of the landlord's rules and regulations governing said 30 premises, other than the obligation to surrender possession, and has 31 failed to cure such violation after written notice that the violation 32 cease within ten days of receipt of such written notice, provided howev- 33 er, that the obligation of tenancy for which violation is claimed was 34 not imposed for the purpose of circumventing the intent of this article 35 and provided such rules or regulations are reasonable and have been 36 accepted in writing by the tenant or made a part of the lease at the 37 beginning of the lease term; 38 (c) The tenant is committing or permitting a nuisance in such housing 39 accommodation, or elsewhere in the building or on the real property in 40 which the housing accommodation is located, or is maliciously or by 41 reason of gross negligence substantially damaging the housing accommo- 42 dation, or causing substantial damage elsewhere in the building or on 43 the real property in which the housing accommodation is located; or the 44 tenant's conduct is such as to interfere with the comfort and safety of 45 the landlord or other tenants or occupants of the same or another adja- 46 cent building or structure; 47 (d) Occupancy of the housing accommodation by the tenant is in 48 violation of or causes a violation of law and the landlord is subject to 49 civil or criminal penalties therefor; provided however that an agency of 50 the state or municipality having jurisdiction has issued an order 51 requiring the tenant to vacate the housing accommodation. No tenant 52 shall be removed from possession of a housing accommodation on such 53 ground unless the court finds that the cure of the violation of law 54 requires the removal of the tenant and that the landlord did not through 55 neglect or deliberate action or failure to act create the condition 56 necessitating the vacate order. In instances where the landlord does notS. 8306--C 114 A. 8806--C 1 undertake to cure conditions of the housing accommodation causing such 2 violation of the law, the tenant shall have the right to pay or secure 3 payment in a manner satisfactory to the court, to cure such violation 4 provided that any tenant expenditures shall be applied against rent to 5 which the landlord is entitled. In instances where removal of a tenant 6 is absolutely essential to such tenant's health and safety, the removal 7 of the tenant shall be without prejudice to any leasehold interest or 8 other right of occupancy the tenant may have and the tenant shall be 9 entitled to resume possession at such time as the dangerous conditions 10 have been removed. Nothing herein shall abrogate or otherwise limit the 11 right of a tenant to bring an action for monetary damages against the 12 landlord or to otherwise compel compliance by the landlord with all 13 applicable state or municipal housing codes; 14 (e) The tenant is using or permitting the housing accommodation, or 15 elsewhere in the building or on the real property in which the housing 16 accommodation is located, to be used for an illegal purpose; 17 (f) The tenant has unreasonably refused the landlord access to the 18 housing accommodation for the purpose of making necessary repairs or 19 improvements required by law or for the purpose of showing the housing 20 accommodation to a prospective purchaser, mortgagee or other person 21 having a legitimate interest therein; 22 (g) The landlord seeks in good faith to recover possession of a hous- 23 ing accommodation for the landlord's own personal use and occupancy as 24 the landlord's principal residence, or the personal use and occupancy as 25 principal residence of the landlord's spouse, domestic partner, child, 26 stepchild, parent, step-parent, sibling, grandparent, grandchild, 27 parent-in-law or sibling-in-law, when no other suitable housing accommo- 28 dation in such building is available, provided that no judgment in favor 29 of the landlord may be granted pursuant to this paragraph unless the 30 landlord establishes good faith to recover possession of a housing 31 accommodation for the landlord's own personal use and occupancy as the 32 landlord's principal residence, or the personal use and occupancy as a 33 principal residence of the landlord's spouse, domestic partner, child, 34 stepchild, parent, step-parent, sibling, grandparent, grandchild, 35 parent-in-law or sibling-in-law, by clear and convincing evidence. This 36 paragraph shall not apply to a housing accommodation occupied by a 37 tenant who is sixty-five years of age or older or who is a disabled 38 person; 39 (h) The landlord in good faith seeks to demolish the housing accommo- 40 dation, provided that no judgment in favor of the landlord may be grant- 41 ed pursuant to this paragraph unless the landlord establishes good faith 42 to demolish the housing accommodation by clear and convincing evidence; 43 (i) The landlord seeks in good faith to withdraw a housing accommo- 44 dation from the housing rental market, provided that no judgment in 45 favor of the landlord may be granted pursuant to this paragraph unless 46 the landlord establishes good faith to withdraw the housing accommo- 47 dation from the housing rental market by clear and convincing evidence; 48 or 49 (j) The tenant fails to agree to reasonable changes to a lease at 50 renewal, including increases in rent that are not unreasonable as 51 defined in paragraph (a) of this subdivision, as long as written notice 52 of the changes to the lease were provided to the tenant at least thirty 53 days, but no more than ninety days, prior to the expiration of the 54 current lease. 55 2. A tenant required to surrender a housing accommodation by virtue of 56 the operation of paragraph (g), (h), or (i) of subdivision one of thisS. 8306--C 115 A. 8806--C 1 section shall have a cause of action in any court of competent jurisdic- 2 tion for damages, declaratory, and injunctive relief against a landlord 3 or purchaser of the premises who makes a fraudulent statement regarding 4 a proposed use, removal from the rental housing market, or demolition of 5 the housing accommodation. In any action or proceeding brought pursuant 6 to this subdivision a prevailing tenant shall be entitled to recovery of 7 actual damages, and reasonable attorneys' fees. Except as provided in 8 this subdivision, nothing in this article shall create a civil claim or 9 cause of action by a tenant against a landlord. 10 3. Nothing in this section shall abrogate or limit the tenant's right 11 pursuant to section seven hundred fifty-one of the real property actions 12 and proceedings law to permanently stay the issuance or execution of a 13 warrant or eviction in a summary proceeding, whether characterized as a 14 nonpayment, objectionable tenancy, or holdover proceeding, the underly- 15 ing basis of which is the nonpayment of rent, so long as the tenant 16 complies with the procedural requirements of section seven hundred 17 fifty-one of the real property actions and proceedings law where appli- 18 cable. 19 § 217. Preservation of existing requirements of law. No action shall 20 be maintainable and no judgment of possession shall be entered for hous- 21 ing accommodations pursuant to section two hundred sixteen of this arti- 22 cle, unless the landlord has complied with any and all applicable laws 23 governing such action or proceeding and has complied with any and all 24 applicable laws governing notice to tenants, including without limita- 25 tion the manner and the time of service of such notice and the contents 26 of such notice. 27 § 218. Waiver of rights void. Any agreement by a tenant heretofore or 28 hereinafter entered into in a written lease or other rental agreement 29 waiving or modifying their rights as set forth in this article shall be 30 void as contrary to public policy. 31 § 2. Paragraph (a) of subdivision 1 of section 226-c of the real prop- 32 erty law, as amended by chapter 789 of the laws of 2021, is amended to 33 read as follows: 34 (a) Whenever a landlord intends to offer to renew the tenancy of an 35 occupant in a residential dwelling unit with a rent increase equal to or 36 greater than five percent above the current rent, or the landlord does 37 not intend to renew the tenancy, the landlord shall provide written 38 notice as required in subdivision two of this section. The notice shall 39 append or contain the notice required pursuant to section two hundred 40 thirty-one-c of this article, which shall state the following: (i) if 41 the unit is or is not subject to article six-A of this chapter, the 42 "good cause eviction law", and if the unit is exempt, such notice shall 43 state why the unit is exempt from such law; (ii) if the landlord is not 44 renewing the lease for a unit subject to article six-A of this chapter, 45 the lawful basis for such non-renewal; and (iii) if the landlord is 46 increasing the rent upon an existing lease of a unit subject to article 47 six-A of this chapter above the applicable local rent standard, as 48 defined in subdivision eight of section two hundred eleven of this chap- 49 ter, the justification for such increase. If the landlord fails to 50 provide timely notice, the occupant's lawful tenancy shall continue 51 under the existing terms of the tenancy from the date on which the land- 52 lord gave actual written notice until the notice period has expired, 53 notwithstanding any provision of a lease or other tenancy agreement to 54 the contrary. 55 § 3. The real property law is amended by adding a new section 231-c to 56 read as follows:S. 8306--C 116 A. 8806--C 1 § 231-c. Good cause eviction law notice. 1. A landlord as defined in 2 subdivision two of section two hundred eleven of this chapter shall 3 append to or incorporate into any initial lease, renewal lease, notice 4 required pursuant to paragraph (a) of subdivision one of section two 5 hundred twenty-six-c of this article, notice required pursuant to subdi- 6 vision two of section seven hundred eleven of the real property actions 7 and proceedings law, or petition pursuant to section seven hundred forty 8 one of the real property actions and proceedings law, the following 9 notice: 10 NOTICE TO TENANT OF APPLICABILITY OR INAPPLICABILITY OF THE NEW YORK 11 STATE GOOD CAUSE EVICTION LAW 12 This notice from your landlord serves to inform you of whether or not 13 your unit/apartment/home is covered by the New York State Good Cause 14 Eviction Law (Article 6-A of the Real Property Law) and, if applicable, 15 the reason permitted under the New York State Good Cause Eviction Law 16 that your landlord is not renewing your lease. Even if your apartment is 17 not protected by Article 6-A, known as the New York State Good Cause 18 Eviction Law, you may have other rights under other local, state, or 19 federal laws and regulations concerning rents and evictions. This 20 notice, which your landlord is required to fill out and give to you, 21 does not constitute legal advice. You may wish to consult a lawyer if 22 you have any questions about your rights under the New York State Good 23 Cause Eviction Law or about this notice. 24 NOTICE (THIS SHOULD BE FILLED OUT BY YOUR LANDLORD) 25 UNIT INFORMATION 26 STREET: 27 _______________________________________________________________________ 28 UNIT OR APARTMENT NUMBER: 29 _______________________________________________________________________ 30 CITY/TOWN/VILLAGE: 31 _______________________________________________________________________ 32 STATE: 33 _______________________________________________________________________ 34 ZIP CODE: 35 _______________________________________________________________________ 36 1. IS THIS UNIT SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, KNOWN 37 AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW? (PLEASE MARK APPLICABLE 38 ANSWER) 39 YES ___ 40 NO ___ 41 2. IF THE UNIT IS EXEMPT FROM ARTICLE 6-A OF THE REAL PROPERTY LAW, 42 KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, WHY IS IT EXEMPT 43 FROM THAT LAW? (PLEASE MARK ALL APPLICABLE EXEMPTIONS) 44 A. Village/Town/City outside of New York City has not adopted good cause 45 eviction under section 213 of the Real Property Law ___; 46 B. Unit is owned by a "small landlord," as defined in subdivision 3 of 47 section 211 of the Real Property Law, who owns no more than 10 units for 48 small landlords located in New York City or the number of units estab- 49 lished as the maximum amount a "small landlord" can own in the state by 50 a local law of a village, town, or city, other than New York City, 51 adopting the provisions of Article 6-A of the Real Property Law, known 52 as the New York State Good Cause Eviction Law, or no more than 10 units, 53 as applicable. In connection with any eviction proceeding in which the 54 landlord claims an exemption from the provisions of Article 6-A of the 55 Real Property Law, known as the New York State Good Cause Eviction Law, 56 on the basis of being a small landlord, the landlord shall provide toS. 8306--C 117 A. 8806--C 1 the tenant or tenants subject to the proceeding the name of each natural 2 person who owns or is a beneficial owner of, directly or indirectly, in 3 whole or in part, the housing accommodation at issue in the proceeding, 4 the number of units owned, jointly or separately, by each such natural 5 person owner, and the addresses of any such units, excluding each 6 natural person owner's principal residence. If the landlord is an enti- 7 ty, organized under the laws of this state or of any other jurisdiction, 8 then such landlord shall provide to the tenant or tenants subject to the 9 proceeding the name of each natural person with a direct or indirect 10 ownership interest in such entity or any affiliated entity, the number 11 of units owned, jointly or separately, by each such natural person 12 owner, and the addresses of any such units, excluding each natural 13 person owner's principal residence (exemption under subdivision 1 of 14 section 214 of the Real Property Law) ___; 15 C. Unit is located in an owner-occupied housing accommodation with no 16 more than 10 units (exemption under subdivision 2 of section 214 of the 17 Real Property Law) ___; 18 D. Unit is subject to regulation of rents or evictions pursuant to 19 local, state, or federal law (exemption under subdivision 5 of section 20 214 of the Real Property Law)___; 21 E. Unit must be affordable to tenants at a specific income level pursu- 22 ant to statute, regulation, restrictive declaration, or pursuant to a 23 regulatory agreement with a local, state, or federal government entity 24 (exemption under subdivision 6 of section 214 of the Real Property Law) 25 ___; 26 F. Unit is on or within a housing accommodation owned as a condominium 27 or cooperative, or unit is on or within a housing accommodation subject 28 to an offering plan submitted to the office of the attorney general 29 (exemption under subdivision 7 of section 214 of the Real Property Law) 30 ___; 31 G. Unit is in a housing accommodation that was issued a temporary or 32 permanent certificate of occupancy within the past 30 years (only if 33 building received the certificate on or after January 1st, 2009) 34 (exemption under subdivision 8 of section 214 of the Real Property Law) 35 ___; 36 H. Unit is a seasonal use dwelling unit under subdivisions 4 and 5 of 37 section 7-108 of the General Obligations Law (exemption under subdivi- 38 sion 9 of section 214 of the Real Property Law) ___; 39 I. Unit is in a hospital as defined in subdivision 1 of section 2801 of 40 the Public Health Law, continuing care retirement community licensed 41 pursuant to Article 46 or 46-A of the Public Health Law, assisted living 42 residence licensed pursuant to Article 46-B of the Public Health Law, 43 adult care facility licensed pursuant to Article 7 of the Social 44 Services Law, senior residential community that has submitted an offer- 45 ing plan to the attorney general, or not-for-profit independent retire- 46 ment community that offers personal emergency response, housekeeping, 47 transportation and meals to their residents (exemption under subdivision 48 10 of section 214 of the Real Property Law) ___; 49 J. Unit is a manufactured home located on or in a manufactured home park 50 as defined in section 233 of the Real Property Law (exemption under 51 subdivision 11 of section 214 of the Real Property Law) ___; 52 K. Unit is a hotel room or other transient use covered by the definition 53 of a class B multiple dwelling under subdivision 9 of section 4 of the 54 Multiple Dwelling Law (exemption under subdivision 12 of section 214 of 55 the Real Property Law) ___;S. 8306--C 118 A. 8806--C 1 L. Unit is a dormitory owned and operated by an institution of higher 2 education or a school (exemption under subdivision 13 of section 214 of 3 the Real Property Law) ___; 4 M. Unit is within and for use by a religious facility or institution 5 (exemption under subdivision 14 of section 214 of the Real Property Law) 6 ___; 7 N. Unit has a monthly rent that is greater than the percent of fair 8 market rent established in a local law of a village, town, or city, 9 other than New York City, adopting the provisions of Article 6-A of the 10 Real Property Law, known as the New York Good Cause Eviction Law, or 245 11 percent of the fair market rent, as applicable. Fair market rent refers 12 to the figure published by the United States Department of Housing and 13 Urban Development, for the county in which the housing accommodation is 14 located, as shall be published by the Division of Housing and Community 15 Renewal no later than August 1st in any given year. The Division of 16 Housing and Community Renewal shall publish the fair market rent and 245 17 percent of the fair market rent for each unit type for which such fair 18 market rent is published by the United States Department of Housing and 19 Urban Development for each county in New York State in the annual publi- 20 cation required pursuant to subdivision 7 of section 211 of the Real 21 Property Law (exemption under subdivision 15 of section 214 of the Real 22 Property Law) ___; 23 3. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, 24 KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE 25 SERVES TO INFORM A TENANT THAT THE LANDLORD IS INCREASING THE RENT ABOVE 26 THE THRESHOLD FOR PRESUMPTIVELY UNREASONABLE RENT INCREASES, WHAT IS THE 27 LANDLORD'S JUSTIFICATION FOR INCREASING THE RENT ABOVE THE THRESHOLD FOR 28 PRESUMPTIVELY UNREASONABLE RENT INCREASES? (A rent increase is presump- 29 tively unreasonable if the increase from the prior rent is greater than 30 the lower of: (a) 5 percent plus the annual percentage change in the 31 consumer price index for all urban consumers for all items as published 32 by the United States Bureau of Labor Statistics for the region in which 33 the housing accommodation is located, as published not later than August 34 1st of each year by the Division of Housing and Community Renewal; or 35 (b) 10 percent.) (PLEASE MARK AND FILL OUT THE APPLICABLE RESPONSE) 36 A. The rent is not being increased above the threshold for presumptively 37 unreasonable rent increases described above: ___; 38 B. The rent is being increased above the threshold for presumptively 39 unreasonable rent increases described above: ___; 40 B-1: If the rent is being increased above the threshold for presumptive- 41 ly unreasonable rent increases described above, what is the justifica- 42 tion for the increase: 43 _________________________________________________________________________ 44 _________________________________________________________________________ 45 _________________________________________________________________________ 46 _________________________________________________________________________ 47 4. IF THIS UNIT IS SUBJECT TO ARTICLE 6-A OF THE REAL PROPERTY LAW, 48 KNOWN AS THE NEW YORK STATE GOOD CAUSE EVICTION LAW, AND THIS NOTICE 49 SERVES TO INFORM A TENANT THAT THE LANDLORD IS NOT RENEWING A LEASE, 50 WHAT IS THE GOOD CAUSE FOR NOT RENEWING THE LEASE? (PLEASE MARK ALL 51 APPLICABLE REASONS) 52 A. This unit is exempt from Article 6-A of the Real Property Law, known 53 as the New York State Good Cause Eviction Law, for the reasons stated in 54 response to question 2, above (IF THIS ANSWER IS CHECKED, NO OTHER 55 ANSWERS TO THIS QUESTION SHOULD BE CHECKED): ___;S. 8306--C 119 A. 8806--C 1 B. The tenant is receiving this notice in connection with a first lease 2 or a renewal lease, so the landlord does not need to check any of the 3 lawful reasons listed below for not renewing a lease under Article 6-A 4 of the Real Property Law, known as the New York State Good Cause 5 Eviction Law (IF THIS ANSWER IS CHECKED, NO OTHER ANSWERS TO THIS QUES- 6 TION SHOULD BE CHECKED) ___; 7 C. The landlord is not renewing the lease because the unit is sublet and 8 the sublessor seeks in good faith to recover possession of the unit for 9 their own personal use and occupancy (exemption under subdivision 3 of 10 section 214 of the Real Property Law): ___; 11 D. The landlord is not renewing the lease because the possession, use or 12 occupancy of the unit is solely incident to employment and the employ- 13 ment is being or has been lawfully terminated (exemption under subdivi- 14 sion 4 of section 214 of the Real Property Law): ___; 15 E. The landlord is not renewing the lease because the tenant has failed 16 to pay rent due and owing, and the rent due or owing, or any part there- 17 of, did not result from a rent increase which is unreasonable. A rent 18 increase is presumptively unreasonable if the increase from the prior 19 rent is greater than the lower of: (a) 5 percent plus the annual 20 percentage change in the consumer price index for all urban consumers 21 for all items as published by the United States Bureau of Labor Statis- 22 tics for the region in which the housing accommodation is located, as 23 published not later than August 1st of each year by the Division of 24 Housing and Community Renewal; or (b) 10 percent (good cause for 25 eviction under paragraph a of subdivision 1 of section 216 of the Real 26 Property Law): ___; 27 F. The landlord is not renewing the lease because the tenant is violat- 28 ing a substantial obligation of their tenancy or breaching any of the 29 landlord's rules and regulations governing the premises, other than the 30 obligation to surrender possession of the premises, and the tenant has 31 failed to cure the violation after written notice that the violation 32 must cease within 10 days of receipt of the written notice. For this 33 good cause to apply, the obligation the tenant violated cannot be an 34 obligation that was imposed for the purpose of circumventing the intent 35 of Article 6-A of the Real Property Law, known as the New York State 36 Good Cause Eviction Law. The landlord's rules or regulations that the 37 tenant has violated also must be reasonable and have been accepted in 38 writing by the tenant or made a part of the lease at the beginning of 39 the lease term (good cause for eviction under paragraph b of subdivision 40 1 of section 216 of the Real Property Law): ___; 41 G. The landlord is not renewing the lease because the tenant is either 42 (a) committing or permitting a nuisance on the unit or the premises; (b) 43 maliciously or grossly negligently causing substantial damage to the 44 unit or the premises; (c) interfering with the landlord's, another 45 tenant's, or occupants of the same or an adjacent building or struc- 46 ture's comfort and safety (good cause for eviction under paragraph c of 47 subdivision 1 of section 216 of the Real Property Law): ___; 48 H. The landlord is not renewing the lease because the tenant's occupancy 49 of the unit violates law and the landlord is subject to civil or crimi- 50 nal penalties for continuing to let the tenant occupy the unit. For this 51 good cause to apply, a state or municipal agency having jurisdiction 52 must have issued an order requiring the tenant to vacate the unit. No 53 tenant shall be removed from possession of a unit on this basis unless 54 the court finds that the cure of the violation of law requires the 55 removal of the tenant and that the landlord did not, through neglect or 56 deliberate action or failure to act, create the condition necessitatingS. 8306--C 120 A. 8806--C 1 the vacate order. If the landlord does not try to cure the conditions 2 causing the violation of the law, the tenant has the right to pay or 3 secure payment, in a manner satisfactory to the court, to cure the 4 violation. Any tenant expenditures to cure the violation shall be 5 applied against rent owed to the landlord. Even if removal of a tenant 6 is absolutely essential to the tenant's health and safety, the tenant 7 shall be entitled to resume possession at such time as the dangerous 8 conditions have been removed. The tenant also retains the right to 9 bring an action for monetary damages against the landlord or to other- 10 wise compel the landlord to comply with all applicable state or munici- 11 pal housing codes (good cause for eviction under paragraph d of subdivi- 12 sion 1 of section 216 of the Real Property Law): ___; 13 I. The landlord is not renewing the lease because the tenant is using or 14 permitting the unit or premises to be used for an illegal purpose (good 15 cause for eviction under paragraph e of subdivision 1 of section 216 of 16 the Real Property Law): ___; 17 J. The landlord is not renewing the lease because the tenant has unrea- 18 sonably refused the landlord access to the unit for the purposes of 19 making necessary repairs or improvements required by law or for the 20 purposes of showing the premises to a prospective purchaser, mortgagee, 21 or other person with a legitimate interest in the premises (good cause 22 for eviction under paragraph f of subdivision 1 of section 216 of the 23 Real Property Law): ___; 24 K. The landlord is not renewing the lease because the landlord seeks in 25 good faith to recover possession of the unit for the landlord's personal 26 use and occupancy as the landlord's principal residence, or for the 27 personal use and occupancy as a principal residence by the landlord's 28 spouse, domestic partner, child, stepchild, parent, step-parent, 29 sibling, grandparent, grandchild, parent-in-law, or sibling-in-law. The 30 landlord can only recover the unit for these purposes if there is no 31 other suitable housing accommodation in the building that is available. 32 Under no circumstances can the landlord recover the unit for these 33 purposes if the tenant is (a) 65 years old or older; or (b) a "disabled 34 person" as defined in subdivision 6 of section 211 of the Real Property 35 Law. To establish this good cause in an eviction proceeding, the land- 36 lord must establish good faith to recover possession of a housing accom- 37 modation for the uses described herein by clear and convincing evidence 38 (good cause for eviction under paragraph g of subdivision 1 of section 39 216 of the Real Property Law): ___; 40 L. The landlord is not renewing the lease because the landlord in good 41 faith seeks to demolish the housing accommodation. To establish this 42 good cause in an eviction proceeding, the landlord must establish good 43 faith to demolish the housing accommodation by clear and convincing 44 evidence (good cause for eviction under paragraph h of subdivision 1 of 45 section 216 of the Real Property Law): ___; 46 M. The landlord is not renewing the lease because the landlord seeks in 47 good faith to withdraw the unit from the housing rental market. To 48 establish this good cause in an eviction proceeding, the landlord must 49 establish good faith to withdraw the unit from the rental housing market 50 by clear and convincing evidence (good cause for eviction under para- 51 graph i of subdivision 1 of section 216 of the Real Property Law): ___; 52 N. The landlord is not renewing the lease because the tenant has failed 53 to agree to reasonable changes at lease renewal, including reasonable 54 increases in rent, and the landlord gave written notice of the changes 55 to the lease to the tenant at least 30 days, but no more than 90 days, 56 before the current lease expired. A rent increase is presumptivelyS. 8306--C 121 A. 8806--C 1 unreasonable if the increase from the prior rent is greater than the 2 lower of: (a) 5 percent plus the annual percentage change in the consum- 3 er price index for all urban consumers for all items as published by the 4 United States Bureau of Labor Statistics for the region in which the 5 housing accommodation is located, as published by August 1st of each 6 year by the Division of Housing and Community Renewal; or (b) 10 percent 7 (good cause for eviction under paragraph j of subdivision 1 of section 8 216 of the Real Property Law):___. 9 § 4. Subdivision 2 of section 711 of the real property actions and 10 proceedings law, as amended by section 12 of part M of chapter 36 of the 11 laws of 2019, is amended to read as follows: 12 2. The tenant has defaulted in the payment of rent, pursuant to the 13 agreement under which the premises are held, and a written demand of the 14 rent has been made with at least fourteen days' notice requiring, in the 15 alternative, the payment of the rent, or the possession of the premises, 16 has been served upon [him] the tenant as prescribed in section seven 17 hundred thirty-five of this article. The fourteen-day notice shall 18 append or contain the notice required pursuant to section two hundred 19 thirty-one-c of the real property law, which shall state the following: 20 (i) if the premises are or are not subject to article six-A of the real 21 property law, the "good cause eviction law", and if the premises are 22 exempt, such notice shall state why the premises are exempt from such 23 law; (ii) if the landlord is not renewing the lease for a unit subject 24 to article six-A of the real property law, the lawful basis for such 25 non-renewal; and (iii) if the landlord is increasing the rent upon an 26 existing lease of a unit subject to article six-A of the real property 27 law above the applicable local rent standard, as defined in subdivision 28 eight of section two hundred eleven of the real property law, the justi- 29 fication for such increase. Any person succeeding to the landlord's 30 interest in the premises may proceed under this subdivision for rent due 31 [his] such person's predecessor in interest if [he has] such person has 32 a right thereto. Where a tenant dies during the term of the lease and 33 rent due has not been paid and the apartment is occupied by a person 34 with a claim to possession, a proceeding may be commenced naming the 35 occupants of the apartment seeking a possessory judgment only as against 36 the estate. Entry of such a judgment shall be without prejudice to the 37 possessory claims of the occupants, and any warrant issued shall not be 38 effective as against the occupants. 39 § 5. Section 741 of the real property actions and proceedings law is 40 amended by adding two new subdivisions 5-a and 5-b to read as follows: 41 5-a. Append or incorporate the notice required pursuant to section 42 two hundred thirty-one-c of the real property law, which shall state the 43 following: (i) if the premises are or are not subject to article six-A 44 of the real property law, the "good cause eviction law", and if the 45 premises are exempt, such petition shall state why the premises are 46 exempt from such law; (ii) if the landlord is not renewing the lease for 47 a unit subject to article six-A of the real property law, the lawful 48 basis for such non-renewal; and (iii) if the landlord is increasing the 49 rent upon an existing lease of a unit subject to article six-A of the 50 real property law above the applicable local rent standard, as defined 51 in subdivision eight of section two hundred eleven of the real property 52 law, the justification for such increase. 53 5-b. If the petitioner claims exemption from the provisions of article 54 six-A of the real property law pursuant to subdivision one of section 55 two hundred fourteen of the real property law, append or incorporate theS. 8306--C 122 A. 8806--C 1 information required pursuant to subdivision one of section two hundred 2 fourteen of the real property law. 3 § 6. Severability. If any provision of this act, or any application of 4 any provision of this act, is held to be invalid, that shall not affect 5 the validity or effectiveness of any other provision of this act, or of 6 any other application of any provision of this act, which can be given 7 effect without that provision or application; and to that end, the 8 provisions and applications of this act are severable. 9 § 7. This act shall take effect immediately and shall apply to actions 10 and proceedings commenced on or after such effective date; provided, 11 however, that: 12 (a) sections two, three, four, and five of this act shall take effect 13 on the one hundred twentieth day after this act shall have become a law; 14 (b) this act shall expire and be deemed repealed on June 15, 2034; and 15 (c) any local law as may be enacted pursuant to subdivision 1 of 213 16 of article 6-A of the real property law established by section one of 17 this act shall remain in full force and effect only until June 15, 2034. 18 Effective immediately, the addition, amendment, and/or repeal of any 19 rule or regulation necessary for the implementation of this act on its 20 effective date are authorized to be made and completed on or before such 21 date. 22 PART II 23 Section 1. The opening paragraph of section 711 of the real property 24 actions and proceedings law, as amended by section 12 of part M of chap- 25 ter 36 of the laws of 2019, is amended to read as follows: 26 A tenant shall include an occupant of one or more rooms in a rooming 27 house or a resident, not including a transient occupant, of one or more 28 rooms in a hotel who has been in possession for thirty consecutive days 29 or longer. A tenant shall not include a squatter. For the purposes of 30 this section, a squatter is a person who enters onto or intrudes upon 31 real property without the permission of the person entitled to 32 possession, and continues to occupy the property without title, right or 33 permission of the owner or owner's agent or a person entitled to 34 possession. In the event of a conflict between the provisions regarding 35 squatters of this section and the provisions of subdivision three of 36 section seven hundred thirteen of this article, the provisions of 37 section seven hundred thirteen of this article shall be controlling. No 38 tenant or lawful occupant of a dwelling or housing accommodation shall 39 be removed from possession except in a special proceeding. A special 40 proceeding may be maintained under this article upon the following 41 grounds: 42 § 2. This act shall take effect immediately. 43 PART JJ 44 Section 1. Section 421-a of the real property tax law is amended by 45 adding a new subdivision 18 to read as follows: 46 18. (a) For the purposes of this subdivision: 47 (i) "Agency" shall have the same meaning as in subparagraph (xvi) of 48 paragraph (a) of subdivision sixteen of this section. 49 (ii) "Audit" shall mean any audit of an eligible property performed by 50 the agency under the program created by the agency pursuant to paragraph 51 (b) of this subdivision.S. 8306--C 123 A. 8806--C 1 (iii) "Eligible property" shall mean any eligible multiple dwelling 2 that was granted benefits under the Affordable New York Housing Program 3 pursuant to this section, and any previous iteration of such tax benefit 4 program, on or after January first, two thousand fourteen, and was 5 subject to rent registration, affordability, and/or rent stabilization 6 requirements pursuant to this section on or after January first, two 7 thousand fourteen. 8 (b) The agency shall create a program to annually audit and review 9 eligible properties to confirm that owners of eligible properties are 10 complying with the rent registration, affordability, and rent stabiliza- 11 tion requirements of the applicable subdivision of this section. Any 12 owner of an eligible property subject to an audit shall provide any and 13 all information, data, or documentation within such owner's or an agent 14 of such owner's reasonable possession or control to the agency which the 15 agency requests, in such form or manner as the agency requests, in order 16 to complete an audit. The division of housing and community renewal and 17 the New York city department of finance shall cooperate with the agency 18 to provide such information within their reasonable possession and 19 control to the agency as the agency may request, in such form or manner 20 as the agency requests, to carry out an audit. The initial audit shall 21 be completed on or before December thirty-first, two thousand twenty- 22 five. The agency shall publish the results of the audit annually on or 23 before December thirty-first and shall make the results of any audit 24 publicly available on the agency's website. No more than twenty-five 25 percent of eligible properties shall be subject to an audit each year, 26 and no eligible property shall be subject to an audit in two consecutive 27 audits. The agency shall select properties for an audit through a 28 randomized process to be established and implemented by the agency. Only 29 eligible properties that received benefits and were subject to afforda- 30 bility, rent stabilization, and/or rent registration requirements during 31 the prior year shall be considered eligible. 32 (c) (i) If an audit finds that any owner of an eligible property is 33 not in compliance with the rent registration, affordability, or rent 34 stabilization requirements of the applicable subdivision of this 35 section, the agency shall, where necessary for enforcement, present 36 evidence of such noncompliance to the division of housing and community 37 renewal and the New York city department of finance of such noncompli- 38 ance no later than fifteen days after the results of the audit have been 39 published on the agency's website. 40 (ii) The agency, the division of housing and community renewal, and 41 the New York city department of finance may enforce any noncompliance 42 with the rent registration, affordability, and rent stabilization 43 requirements of the applicable subdivision of this section that are 44 identified pursuant to an audit as authorized under this section or any 45 other law, rule, or regulation. 46 § 2. This act shall take effect immediately. 47 PART KK 48 Section 1. The private housing finance law is amended by adding a new 49 article 32 to read as follows: 50 ARTICLE 32 51 NEW YORK HOUSING FOR THE FUTURE HOMEOWNERSHIP AND RENTAL HOUSING 52 PROGRAMS 53 Section 1290. New York housing for the future homeownership program. 54 1291. New York housing for the future rental housing program.S. 8306--C 124 A. 8806--C 1 § 1290. New York housing for the future homeownership program. 1. 2 Program establishment. Within amounts appropriated or otherwise avail- 3 able therefor, the division of housing and community renewal, the hous- 4 ing trust fund corporation, or the housing finance agency shall develop 5 and administer a program which shall provide assistance in the form of 6 payments, grants and loans for the formation of limited equity cooper- 7 ative housing utilizing funding appropriated for such a purpose as well 8 as any other funding source or sources which the commissioner may deter- 9 mine is suitable to support such a program. Such program may utilize any 10 appropriate site, including, but not limited to, state owned sites, 11 municipally owned sites, or sites owned by a not-for-profit corporation 12 or community land trust for the purpose of providing housing pursuant to 13 this section. Real property may be acquired by a municipality for the 14 purpose of such program as authorized pursuant to section five hundred 15 seventy-six-a of this chapter, provided, however, that any acquisitions 16 or transfers undertaken to further the goals of this article pursuant to 17 such section shall not be required to be transferred to a housing devel- 18 opment fund company incorporated and organized pursuant to section five 19 hundred seventy-three of this chapter. Such program shall provide (a) 20 housing for households with an income up to one hundred and thirty 21 percent of area median income at the time of purchase, provided further 22 that households that are initially eligible for the program at the time 23 of purchase but realize income gains subsequent to purchase may be 24 required to pay a surcharge as determined by the division of housing and 25 community renewal or other supervising agency, as the case may be, (b) a 26 process in which households shall have the ability to accrue equity over 27 time, and (c) that housing units created pursuant to this section remain 28 affordable in perpetuity. The commissioner may also assist prospective 29 homebuyers to identify funding sources that provide low interest loans 30 to prospective homebuyers. 31 2. Additional responsibilities. The division of housing and community 32 renewal, the housing trust fund corporation, or the housing finance 33 agency shall have the power to issue regulations, plans, guidance docu- 34 ments, or set terms in regulatory agreements to implement such program 35 and the process for: 36 (a) homebuyers obtaining a new unit which shall include both confirm- 37 ing income qualifications as well as a restriction on the maximum amount 38 of assets any qualified homebuyer may have; 39 (b) selling shares in the cooperative in such a way as the affordabil- 40 ity of the cooperative is maintained while allowing households to gain 41 equity over time; 42 (c) prohibiting the use of a fixed percentage appreciation cap for the 43 purposes of determining an allowable sales price for shares in the coop- 44 erative; 45 (d) selecting new households eligible to purchase housing which has 46 been vacated by a previous owner; and 47 (e) the creation of boards of directors for such limited profit hous- 48 ing companies established by this chapter, provided however that such 49 boards shall have the powers and be subject to the limitations contained 50 in the not-for-profit corporation law in the same manner and subject to 51 the same exceptions as set forth in section thirteen-a of the this chap- 52 ter. 53 3. Management. All such housing projects shall be managed independent- 54 ly of the residents of the project by a corporation or not-for-profit 55 corporation determined qualified by the division of housing and communi- 56 ty renewal or other supervising agency, as the case may be, providedS. 8306--C 125 A. 8806--C 1 further that the board of the limited equity cooperative housing corpo- 2 ration shall have oversight over such qualified corporation or not-for- 3 profit corporation in accordance with standards or guidelines set by the 4 division of housing and community renewal or other supervising agency, 5 as the case may be. Any regulatory agreement that is executed for such 6 program shall include a requirement that resident maintenance fees 7 increase by a minimum percentage annually to ensure that such housing 8 continues to be in good repair. 9 4. Tax exemptions. Housing for such program shall be eligible for tax 10 exemptions in the same manner as projects under article eleven of this 11 chapter. 12 5. Wage requirements. Notwithstanding any law, rule, or regulation to 13 the contrary, any project constructed pursuant to this section shall be 14 subject to prevailing wage requirements in accordance with sections two 15 hundred twenty and two hundred twenty-b of the labor law; provided, 16 however, such requirements shall not apply to construction work 17 performed under a pre-hire collective bargaining agreement between an 18 owner or developer and a bona fide building and construction trade labor 19 organization which has established itself and/or its affiliates as the 20 collective bargaining representative for all persons who will perform 21 work on such a project, and which provides that only contractors and 22 subcontractors who sign a pre-negotiated agreement with the labor organ- 23 ization can perform work on such a project. 24 § 1291. New York housing for the future rental housing program. 1. 25 Program establishment. Within amounts appropriated or otherwise avail- 26 able therefor, the division of housing and community renewal, the hous- 27 ing trust fund corporation, or the housing finance agency shall develop 28 and administer a program which shall provide assistance in the form of 29 payments, grants and loans for the formation of income-limited rental 30 housing utilizing funding appropriated for such a purpose as well as any 31 other funding source or sources which the commissioner may determine is 32 suitable to support such a program. Such program may utilize any appro- 33 priate site, including, but not limited to, state owned sites, munici- 34 pally owned sites, or sites owned by a not-for-profit corporation or 35 community land trust for the purpose of providing housing pursuant to 36 this section. Real property may be acquired by a municipality for the 37 purpose of such program as authorized pursuant to section five hundred 38 seventy-six-a of this chapter, provided, however, that any acquisitions 39 or transfers undertaken to further the goals of this article pursuant to 40 such section shall not be required to be transferred to a housing devel- 41 opment fund company incorporated and organized pursuant to section five 42 hundred seventy-three of this chapter. Such program shall provide (a) 43 housing for households with an income up to one hundred and thirty 44 percent of area median income at the time such household initially occu- 45 pies a unit, provided further that households that are initially eligi- 46 ble for the program at the time such household initially occupies a unit 47 but realize income gains subsequent to occupying such unit may be 48 required to pay a surcharge as determined by the division of housing and 49 community renewal or other supervising agency, as the case may be, and 50 (b) that housing units created pursuant to this section remain afforda- 51 ble in perpetuity. 52 2. Additional responsibilities. The division of housing and community 53 renewal, the housing trust fund corporation, or the housing finance 54 agency shall have the power to issue regulations, plans, guidance docu- 55 ments, or set terms in regulatory agreements to implement such program 56 and the process for: (a) renters leasing a unit which shall includeS. 8306--C 126 A. 8806--C 1 both confirming income qualifications as well as a restriction on the 2 maximum amount of assets any qualified renter may have; (b) selecting 3 new households eligible to rent housing which has been vacated by a 4 previous renter; and (c) the creation of boards of directors for such 5 income-limited rental housing companies established by this chapter, 6 provided however that such boards shall have the powers and be subject 7 to the limitations contained in the not-for-profit corporation law in 8 the same manner and subject to the same exceptions as set forth in 9 section thirteen-a of this chapter. 10 3. Management. All such income-limited rental housing projects shall 11 be managed independently of the residents of the project by a corpo- 12 ration or not-for-profit corporation determined qualified by the divi- 13 sion of housing and community renewal or other supervising agency, as 14 the case may be, in accordance with standards or guidelines set by the 15 division of housing and community renewal or other supervising agency, 16 as the case may be. Any regulatory agreement that is executed for such 17 program shall include a requirement that resident rent increases by a 18 minimum percentage annually to ensure that such housing continues to be 19 in good repair. 20 4. Tax exemptions. Housing for such program shall be eligible for tax 21 exemptions in the same manner as projects under article eleven of this 22 chapter. 23 5. Wage requirements. Notwithstanding any law, rule, or regulation to 24 the contrary, any project constructed pursuant to this section shall be 25 subject to prevailing wage requirements in accordance with sections two 26 hundred twenty and two hundred twenty-b of the labor law; provided, 27 however, such requirements shall not apply to construction work 28 performed under a pre-hire collective bargaining agreement between an 29 owner or developer and a bona fide building and construction trade labor 30 organization which has established itself and/or its affiliates as the 31 collective bargaining representative for all persons who will perform 32 work on such a project, and which provides that only contractors and 33 subcontractors who sign a pre-negotiated agreement with the labor organ- 34 ization can perform work on such a project. 35 § 2. This act shall take effect immediately. 36 PART LL 37 Section 1. This act shall be known and may be cited as the "Doctor 38 John L. Flateau Voting and Elections Database of New York Act". 39 § 2. The election law is amended by adding a new section 3-112 to read 40 as follows: 41 § 3-112. State board of elections; uniform standards for processing 42 data requests and duty to send data and information to statewide data- 43 base. 1. For the purposes of this section the term "election authority" 44 shall mean any local government entity primarily responsible for main- 45 taining the records listed in this section, including, but not limited 46 to, any county or city board of elections, or any county, city, town, 47 village, or school district that administers their own elections or 48 maintain their own voting and election records. 49 1-a. There is hereby established within the state board of elections 50 the New York voting and elections database. Such database shall be a 51 central repository of certain elections and voting data available to the 52 public from an election authority in the state. The state board of 53 elections shall collect, host, and maintain in an electronic formatS. 8306--C 127 A. 8806--C 1 records provided to the state board of elections pursuant to this 2 section. Such records shall be maintained for at least twelve years. 3 1-b. The state board of elections, shall promulgate regulations within 4 one hundred eighty days of the effective date of this section on data 5 standards for the method of processing and transmitting records required 6 to be provided pursuant to this section. Such data standards promulgated 7 by the state board of elections pursuant to this subdivision shall: 8 (a) be consistent with any relevant standards, guidelines, or guidance 9 developed by the national institute of standards and technology, the 10 election assistance commission, or the cybersecurity and infrastructure 11 security agency; and 12 (b) apply to every election authority in the state. 13 2. Upon the certification of election results and the completion of 14 the voter history file after every election, each election authority 15 shall, by January first after such election, or within ten business 16 days, whichever is later, transmit to the state board of elections, if 17 such election authority is able to maintain the record, copies of: (a) 18 election results at the election district level for every statewide 19 election and every election in every political subdivision; (b) contem- 20 poraneous voter registration lists; (c) voter history files; (d) maps or 21 other documentation of the configuration of districts in any format or 22 formats as specified by the state board of elections; (e) tabulations of 23 the number of valid and invalid affidavit ballots, the reasons for which 24 affidavit ballots were invalid, and the quantity and disposition of 25 affidavit ballots subject to the cure procedure prescribed by subdivi- 26 sion three of section 9-209 of this chapter; (f) tabulations of the 27 number of valid and invalid absentee ballots, the reasons for which 28 absentee ballots were invalid and the quantity of absentee ballots 29 invalid for each such reason, and the quantity and disposition of absen- 30 tee ballots subject to the cure procedure prescribed by subdivision 31 three of section 9-209 of this chapter; (g) lists of election day poll 32 sites and early voting sites and maps or other documentation of the 33 configuration of districts in any format or formats as specified by the 34 state board of elections of the election districts assigned to each 35 election day poll site or early voting site; (h) adopted districting or 36 redistricting plans for every election in every political subdivision; 37 and (i) any other publicly available data as requested by the state 38 board of elections. Nothing in this section shall be construed to 39 require an election authority to create or otherwise provide a record it 40 is not capable of collecting. Within sixty days of receipt of records 41 pursuant to this section, the New York voting and elections database 42 shall post such records to its public facing website, provided that 43 individual voter registration records shall not be published, but only 44 made available to the public upon request pursuant to subdivision five 45 of section 3-103 of the election law. No cost shall be charged to access 46 such records. 47 3. The state board of elections shall provide the attorney general 48 with access to copies of the non-confidential fields of the statewide 49 voter database or any similar successor statewide voter registration 50 database upon request, in a single tabular data file in a common, 51 machine readable format that can be readily accessed and analyzed. 52 4. Every six months, the state board of elections shall determine 53 which election authorities have failed to transmit records to the state 54 board of elections pursuant to this section and shall publish a list of 55 such election authorities. Upon publication of the list, an election 56 authority that failed to transmit records to the state board ofS. 8306--C 128 A. 8806--C 1 elections pursuant to this section shall have a cure period of ten busi- 2 ness days to come into compliance or provide to the state board of 3 elections an adequate reason the authority is not capable of transmit- 4 ting such records. The state board of elections may determine an 5 adequate reason for non-compliance pursuant to its rules and regu- 6 lations. If after ten business days, the election authority has taken no 7 action to cure its non-compliance the state board of elections or the 8 attorney general may file an action against such election authority to 9 enforce compliance with the requirements of this section. 10 § 3. The civil practice law and rules is amended by adding a new rule 11 4551 to read as follows: 12 Rule 4551. New York voting and elections database. The data, informa- 13 tion, and/or estimates maintained by the New York voting and elections 14 database within the state board of elections or copies of such data, 15 information and/or estimates provided to the attorney general pursuant 16 to subdivision three of section 3-112 of the election law shall be 17 granted a rebuttable presumption of validity by any court concerning any 18 claim brought. 19 § 4. The education law is amended by adding a new section 2614 to read 20 as follows: 21 § 2614. Transmission of publicly available data to the New York voting 22 and elections database. Upon the certification of election results and 23 the completion of the voter history file after each election, each 24 school district that holds elections pursuant to this article shall 25 transmit copies of records required to be transmitted pursuant to 26 section 3-112 of the election law in a manner and time provided for in 27 such section. 28 § 5. Section 2038 of the education law is renumbered section 2039 and 29 a new section 2038 is added to read as follows: 30 § 2038. Transmission of publicly available data to the New York voting 31 and elections database. Upon the certification of election results and 32 the completion of the voter history file after each election, each 33 school district that holds school board elections pursuant to this arti- 34 cle shall transmit copies of the records required to be transmitted 35 pursuant to section 3-112 of the election law in a manner and time 36 provided for in such section. 37 § 6. Section 2553 of the education law is amended by adding a new 38 subdivision 2-a to read as follows: 39 2-a. Upon the certification of election results and the completion of 40 the voter history file after each election, each school district that 41 holds school board elections pursuant to this article shall transmit 42 copies of the records required to be transmitted pursuant to section 43 3-112 of the election law in a manner and time provided for in such 44 section. 45 § 7. The election law is amended by adding a new section 15-140 to 46 read as follows: 47 § 15-140. Transmission of publicly available data to the New York 48 voting and elections database. Upon the certification of election 49 results and the completion of the voter history file after each 50 election, each village that holds an election not conducted by a board 51 of elections pursuant to this article shall transmit to the state board 52 of elections copies of the records required to be transmitted pursuant 53 to section 3-112 of this chapter in a manner and time provided for in 54 such section. 55 § 8. This act shall take effect April 1, 2026 and shall apply to any 56 election on or after such date. Effective immediately, the addition,S. 8306--C 129 A. 8806--C 1 amendment and/or repeal of any rule or regulation necessary for the 2 implementation of this act on its effective date are authorized to be 3 made and completed on or before such date. 4 PART MM 5 Section 1. Chapter 238 of the laws of 2021, relating to permitting the 6 use of municipal space for outdoor dining, is REPEALED. 7 § 2. The alcoholic beverage control law is amended by adding a new 8 section 111-a to read as follows: 9 § 111-a. Use of contiguous and non-contiguous municipal public space 10 for on-premises alcoholic beverage sales by certain licensees. 1. The 11 holder of a retail on-premises license issued pursuant to sections 12 fifty-five, sixty-four, sixty-four-a, sixty-four-c, sixty-four-d, eight- 13 y-one, or eighty-one-a of this chapter or a manufacturing license that 14 includes a privilege to sell and/or serve alcoholic beverages at retail 15 for on-premises consumption on the licensed premises issued pursuant to 16 section thirty, thirty-one, fifty-one, fifty-one-a, fifty-eight, fifty- 17 eight-c, subdivision two-c of section sixty-one, section seventy-six, 18 seventy-six-a, seventy-six-c, or seventy-six-d of this chapter may file 19 an alteration application with the authority pursuant to subdivision one 20 of section ninety-nine-d of this chapter for permission to add municipal 21 public space that is either contiguous or non-contiguous to the licensed 22 premises. Upon approval of such alteration application, such a licensee 23 may exercise the privilege to sell and/or serve alcoholic beverages at 24 retail for on-premises consumption on contiguous municipal public space 25 or non-contiguous municipal public space provided: 26 (a) the municipality in which the licensed premises is located issues 27 a permit or the responsible municipal regulatory body or agency issues 28 written authorization to the licensee to sell and/or serve food on such 29 contiguous municipal public space or non-contiguous municipal public 30 space; 31 (b) the licensee submits to the liquor authority a copy of such munic- 32 ipal permit or other written authorization along with the alteration 33 application; 34 (c) the licensee submits to the liquor authority a copy of the permit 35 application submitted to the municipality to obtain the municipal permit 36 or other written authorization from the municipality along with the 37 alteration application; 38 (d) the licensee submits to the liquor authority a diagram depicting 39 both the licensed premises and the contiguous municipal public space or 40 non-contiguous municipal public space to be used by the licensee with 41 the alteration application; 42 (e) the licensee submits to the liquor authority proof that it has 43 provided community notification to the municipality, including munici- 44 palities outside the city of New York, in a manner consistent with or 45 required by subdivision two of section one hundred ten-b of this article 46 as required for the city of New York; 47 (f) the licensee submits proof to the liquor authority that: (i) such 48 licensee has obtained workers' compensation insurance for all employees, 49 as required by the workers' compensation law; and (ii) such licensee has 50 obtained general liability insurance to provide coverage against liabil- 51 ity for injury sustained by persons on the contiguous municipal public 52 space or non-contiguous municipal public space used by the licensee and, 53 if applicable, persons and cyclists using or crossing a bike thorough- 54 fare that connects the licensed premises to the non-contiguous municipalS. 8306--C 130 A. 8806--C 1 public space used by the licensee. The licensee shall maintain such 2 general liability coverage during the term of its municipal permit or 3 written authorization to use the contiguous municipal public space or 4 non-contiguous municipal public space; and 5 (g) use of any such contiguous or non-contiguous municipal public 6 space meets all applicable federal, state or local laws, rules, regu- 7 lations, guidance, conditions or requirements. 8 2. For the purposes of this section: (a) "non-contiguous municipal 9 public space" shall mean space that: (i) is located in front of, behind, 10 or to the side of the licensed premises; (ii) is within the property 11 boundaries of the licensed premises as extended out; or within the prop- 12 erty boundaries of the nearest adjacent properties on either side; (iii) 13 does not extend further than the midline of any public roadway; (iv) is 14 separated from the licensed premises only by one or more of the follow- 15 ing: a pedestrian thoroughfare, a thoroughfare primarily restricted to 16 use by bicycles, or a portion of a thoroughfare with such restrictions; 17 and (v) otherwise complies with all applicable federal, state and local 18 requirements. 19 (b) "Contiguous municipal public space" shall mean space that: (i) is 20 located in front of, behind, or to the side of the licensed premises; 21 (ii) is within the property boundaries of the licensed premises as 22 extended out; or within the property boundaries of the nearest adjacent 23 properties on either side; (iii) otherwise complies with all applicable 24 federal, state and local requirements. 25 3. Licensees choosing to utilize non-contiguous municipal public space 26 that includes a thoroughfare primarily restricted to use by bicycles, or 27 a portion of a thoroughfare with such restrictions, shall post a sign or 28 poster in said municipal outdoor space with conspicuous lettering in at 29 least seventy-two point bold face font that states: "CAUTION: BICYCLE 30 LANE" prior to and while utilizing any such municipal space for on-prem- 31 ises alcoholic beverage sales to patrons. Such licensees shall be solely 32 responsible for production of and maintenance of such signage. Compli- 33 ance by the licensee with the provisions of any local law requiring 34 posting of warning signs regarding bicycle lanes enacted on or before 35 the effective date of this section shall be deemed to be in compliance 36 with the provisions of this section. Nothing contained herein, however, 37 shall be deemed to exempt any licensee not otherwise subject to the 38 provisions of any such local law from complying with the provisions of 39 this section. 40 4. If at any time the municipality revokes, cancels or suspends or 41 otherwise terminates the licensee's authorization to use such contiguous 42 municipal public space or non-contiguous municipal public space, the 43 licensee shall immediately cease exercising the privilege to sell and/or 44 serve alcoholic beverages at retail for consumption on such municipal 45 public space. The licensee shall then file a new alteration application 46 removing the municipal public space from its licensed premises. The 47 failure to file a new alteration application with the authority within 48 ten business days of the revocation, cancellation, suspension, or other 49 termination by the local municipality of the licensee's authorization to 50 use such contiguous or non-contiguous municipal public space shall be 51 cause for revocation, cancellation, suspension and/or imposition of a 52 civil penalty against the license in accordance with section one hundred 53 eighteen of this article. 54 5. The authority may promulgate guidance, rules and/or regulations 55 necessary to implement the provisions of this section. Notwithstanding 56 existing provisions of this chapter, the authority is authorized toS. 8306--C 131 A. 8806--C 1 provide simplified applications and notification procedures for licen- 2 sees seeking to utilize municipal space for on-premises alcoholic bever- 3 age sales whenever possible or appropriate. Nothing in this section 4 shall prohibit the authority from requesting additional information from 5 any applicant seeking to use new municipal space or renewal of existing 6 municipal space. 7 § 3. This act shall take effect immediately and shall apply to all 8 applications received by the state liquor authority on and after such 9 effective date. Effective immediately, the authority is authorized to 10 undertake the addition, amendment and/or repeal of any rule or regu- 11 lation necessary for the implementation of this act. 12 PART NN 13 Section 1. Subparagraph (i-a) of paragraph b of subdivision 9 of 14 section 140 of the transportation law, as added by section 4 of part K 15 of a chapter of the laws of 2024, amending the transportation law and 16 the vehicle and traffic law relating to enacting the stretch limousine 17 passenger safety act, as proposed in legislative bills numbers S. 8308-C 18 and A. 8808-C, is amended to read as follows: 19 (i-a) No person, corporation, limited liability company or business 20 entity, joint stock association, partnership, or any officer or agent 21 thereof, shall operate or knowingly allow, require, permit or authorize 22 any person to operate a motor vehicle while under suspension as provided 23 in subparagraph (i) of this [subdivision] paragraph. A violation of 24 this subparagraph shall constitute a class A misdemeanor punishable by a 25 fine of not less than five thousand dollars nor more than twenty-five 26 thousand dollars in addition to any other penalties provided by law. 27 § 2. This act shall take effect on the same date and in the same 28 manner as section 4 of part K of a chapter of the laws of 2024, amending 29 the transportation law and the vehicle and traffic law relating to 30 enacting the stretch limousine passenger safety act, as proposed in 31 legislative bills numbers S. 8308-C and A. 8808-C, takes effect. 32 PART OO 33 Section 1. Short title. This act shall be known and may be cited as 34 "Sammy's law". 35 § 2. Paragraphs 26 and 27 of subdivision (a) of section 1642 of the 36 vehicle and traffic law, paragraph 26 as added and paragraph 27 as 37 amended by chapter 248 of the laws of 2014, are amended to read as 38 follows: 39 26. (a) With respect to highways (which term for the purposes of this 40 paragraph shall include private roads open to public motor vehicle traf- 41 fic) in such city, other than state highways maintained by the state on 42 which the department of transportation shall have established higher or 43 lower speed limits than the statutory fifty-five miles per hour speed 44 limit as provided in section sixteen hundred twenty of this title, or on 45 which the department of transportation shall have designated that such 46 city shall not establish any maximum speed limit as provided in section 47 sixteen hundred twenty-four of this title, subject to the limitations 48 imposed by section sixteen hundred eighty-four of this title, establish- 49 ment of maximum speed limits at which vehicles may proceed within such 50 city or within designated areas of such city higher or lower than the 51 fifty-five miles per hour maximum statutory limit. No such speed limit 52 applicable throughout such city or within designated areas of such cityS. 8306--C 132 A. 8806--C 1 shall be established at less than [twenty-five] twenty miles per hour, 2 except that (i) school speed limits may be established at no less than 3 fifteen miles per hour pursuant to the provisions of section sixteen 4 hundred forty-three of this article, and (ii) on portions of highways 5 that consist of three or more vehicular travel lanes in the same direc- 6 tion outside of New York county, speed limits shall be established at no 7 less than twenty-five miles per hour. 8 (b) A city shall not lower or raise a speed limit [by more than five9miles per hour] pursuant to this paragraph unless such city provides 10 written notice and an opportunity to comment to the community board or 11 community boards established pursuant to section twenty-eight hundred of 12 the New York city charter with jurisdiction over the area in which the 13 lower or higher speed limit shall apply. Such notice may be provided by 14 electronic mail and shall be provided sixty days prior to the establish- 15 ment of such lower or higher speed limit and a community board may issue 16 an advisory opinion prior to the raising or lowering of such speed 17 limit. Notwithstanding any inconsistent provision of this subdivision, a 18 speed limit applicable throughout such city shall only be lowered or 19 raised pursuant to a local law. 20 27. (a) Establishment of maximum speed limits below [twenty-five] 21 twenty miles per hour at which motor vehicles may proceed on or along 22 designated highways within such city for the explicit purpose of imple- 23 menting traffic calming measures as such term is defined herein; 24 provided, however, that no speed limit shall be set below [fifteen] ten 25 miles per hour nor shall such speed limit be established where the traf- 26 fic calming measure to be implemented consists solely of a traffic 27 control sign. Establishment of such a speed limit shall, where applica- 28 ble, be in compliance with the provisions of sections sixteen hundred 29 twenty-four and sixteen hundred eighty-four of this [chapter] title. 30 Nothing contained herein shall be deemed to alter or affect the estab- 31 lishment of school speed limits pursuant to the provisions of section 32 sixteen hundred forty-three of this article. For the purposes of this 33 paragraph, "traffic calming measures" shall mean any physical engineer- 34 ing measure or measures that reduce the negative effects of motor vehi- 35 cle use, alter driver behavior and improve conditions for non-motorized 36 street users such as pedestrians and bicyclists. 37 (b) Any city establishing maximum speed limits below [twenty-five] 38 twenty miles per hour pursuant to clause (i) of this subparagraph shall 39 submit a report to the governor, the temporary president of the senate 40 and the speaker of the assembly on or before March first, two thousand 41 fifteen and biannually thereafter on the results of using traffic calm- 42 ing measures and speed limits lower than [twenty-five] twenty miles per 43 hour as authorized by this paragraph. This report shall also be made 44 available to the public by such city on its website. Such report shall 45 include, but not be limited to the following: 46 (i) a description of the designated highways where traffic calming 47 measures and a lower speed limit were established [and]; 48 (ii) a description of the specific traffic calming measures used and 49 the maximum speed limit established [and]; 50 (iii) an explanation of the reasons for setting lower speed limits, 51 how those lower speed limits comply with engineering standards, and how 52 they will ensure that motor vehicles can operate at safe speeds in a 53 manner that optimizes all road users' safety and convenience; and 54 (iv) a comparison of the aggregate type, number, and severity of acci- 55 dents reported on streets on which street calming measures and lower 56 speed limits were implemented in the year preceding the implementationS. 8306--C 133 A. 8806--C 1 of such measures and policies and the year following the implementation 2 of such measures and policies, to the extent this information is main- 3 tained by any agency of the state or the city. 4 § 3. 1. For the purpose of informing and educating persons who operate 5 motor vehicles in this state: 6 (a) Any law enforcement official authorized to issue appearance tick- 7 ets pursuant to the vehicle and traffic law may, during the six-month 8 period beginning on the effective date of this act, stop motor vehicles 9 and issue verbal warnings to persons who are in violation of the maximum 10 speed limits lowered by section two of this act, and who are traveling 11 at a speed of less than fifteen miles per hour over such maximum speed 12 limits. 13 (b) Any municipality authorized to issue a notice of liability where 14 such municipality has installed a photo speed violation monitoring 15 system pursuant to the vehicle and traffic law shall, for sixty days 16 following the establishment of a lower speed limit pursuant to section 17 two of this act, issue notices of liability to owners of vehicles who 18 are in violation of the previous maximum speed limit. 19 2. The department of transportation for the city of New York shall 20 implement an education campaign which shall, at a minimum: 21 (a) Alert drivers to the passage of this act; 22 (b) Educate drivers of the dangers of speeding; and 23 (c) Educate drivers of the dangers of crashes involving pedestrians. 24 3. The department of transportation for the city of New York shall 25 install signage around school speed zones that notifies drivers of the 26 speed limit. 27 § 4. This act shall take effect on the sixtieth day after it shall 28 have become a law. 29 PART PP 30 Section 1. Article 25-A of the public health law is amended by adding 31 a new section 2599-bb-1 to read as follows: 32 § 2599-bb-1. Reproductive freedom and equity grant program. 1. As used 33 in this section, the following terms shall have the following meanings: 34 (a) "Abortion" shall mean the termination of pregnancy pursuant to 35 section twenty-five hundred ninety-nine-bb of this article. 36 (b) "Health care services" shall mean the range of care related to the 37 provision of abortion. 38 (c) "Program" shall mean the reproductive freedom and equity grant 39 program established pursuant to subdivision two of this section. 40 2. There is hereby established in the department a reproductive free- 41 dom and equity grant program to ensure access to abortion care in the 42 state. The program shall provide funding to abortion providers and non- 43 profit organizations that provide or facilitate access to abortion care. 44 The program shall be designed to provide support to abortion providers 45 and non-profit organizations to increase access to care, fund uncompen- 46 sated care, and to address the support needs of individuals accessing 47 abortion care. Funding used to support the program shall be subject to 48 appropriation. 49 3. The commissioner shall distribute funds made available for expendi- 50 ture under this section. In determining funding for applicants under the 51 grant program, the commissioner shall consider the following criteria 52 and goals: 53 (a) Increase access to care by growing the capacity of abortion 54 providers to meet present and future care needs. Funds may be awarded toS. 8306--C 134 A. 8806--C 1 support the recruitment, hiring, and retention of clinical and medical 2 staff, costs of increasing the number of hours, days, and/or alternate 3 times for currently employed clinical staff to provide increased access, 4 care management and navigation, staff training, outreach and marketing 5 costs, and other operational needs that increase access to abortion 6 care. 7 (b) Fund uncompensated health care services associated with abortion 8 care, to ensure the affordability of and access to care for individuals 9 who lack ability to pay for care, for individuals who lack insurance 10 coverage, are underinsured, or whose insurance is deemed unusable by the 11 rendering provider. 12 4. In establishing and operating the program, the commissioner may 13 consult a range of experts including but not limited to individuals and 14 entities providing abortion care, abortion funds and other organizations 15 whose mission is to expand access to abortion care, to ensure the 16 program structure and expenditures reflect the needs of abortion provid- 17 ers, abortion funds and consumers. The commissioner may make regulations 18 necessary for implementing the program. 19 5. The department and any non-profit organization or abortion provider 20 receiving funds from the program shall take all necessary steps to 21 ensure the confidentiality of the individuals receiving services pursu- 22 ant to state and federal laws. The commissioner may request aggregate, 23 de-identified information about how funding allocated pursuant to the 24 program is spent, provided that no information which, alone or in combi- 25 nation, would permit a patient, provider, or an individual who sought, 26 received, provided, or supported health care services under the program 27 to be identified may be requested or shared. 28 § 2. Severability clause. If any clause, sentence, paragraph, section 29 or part of this act shall be adjudged by any court of competent juris- 30 diction to be invalid and after exhaustion of all further judicial 31 review, the judgment shall not affect, impair, or invalidate the remain- 32 der thereof, but shall be confined in its operation to the clause, 33 sentence, paragraph, section or part of this act directly involved in 34 the controversy in which the judgment shall have been rendered. 35 § 3. This act shall take effect immediately and shall be deemed to 36 have been in full force and effect on and after April 1, 2024. 37 PART QQ 38 Section 1. Subdivisions a and b of section 512 of the retirement and 39 social security law, subdivision a as amended by chapter 298 of the laws 40 of 2016, and subdivision b as amended by chapter 18 of the laws of 2012, 41 are amended to read as follows: 42 a. A member's final average salary shall be the average wages earned 43 by such a member during any three consecutive years which provide the 44 highest average wage; provided, however, if the wages earned during any 45 year included in the period used to determine final average salary 46 exceeds that of the average of the previous two years by more than ten 47 percent, the amount in excess of ten percent shall be excluded from the 48 computation of final average salary. [Notwithstanding the preceding49provisions of this subdivision to the contrary, for a member who first50becomes a member of the New York state and local employees' retirement51system on or after April first, two thousand twelve, or for a New York52city police/fire revised plan member, a New York city enhanced plan53member who receives the ordinary disability benefit provided for in54subdivision c-1 of section five hundred six of this article or the acci-S. 8306--C 135 A. 8806--C 1dental disability benefit provided for in paragraph three of subdivision2c of section five hundred seven of this article, a New York city3uniformed correction/sanitation revised plan member or an investigator4revised plan member, a member's final average salary shall be the aver-5age wages earned by such a member during any five consecutive years6which provide the highest average wage; provided, however, if the wages7earned during any year included in the period used to determine final8average salary exceeds that of the average of the previous four years by9more than ten percent, the amount in excess of ten percent shall be10excluded from the computation of final average salary.] In determining 11 final average salary pursuant to any provision of this subdivision, 12 where the period used to determine final average salary is the period 13 which immediately precedes the date of retirement, any month or months 14 (not in excess of twelve) which would otherwise be included in computing 15 final average salary but during which the member was on authorized leave 16 of absence at partial pay or without pay shall be excluded from the 17 computation of final average salary and the month or an equal number of 18 months immediately preceding such period shall be substituted in lieu 19 thereof. 20 b. Notwithstanding the provisions of subdivision a of this section, 21 with respect to members of the New York state employees' retirement 22 system [who first become members of the New York state and local employ-23ees' retirement system before April first, two thousand twelve], the New 24 York state and local police and fire retirement system and the New York 25 city teachers' retirement system, a member's final average salary shall 26 be equal to one-third of the highest total wages earned during any 27 continuous period of employment for which the member was credited with 28 three years of service credit; provided, however, if the wages earned 29 during any year of credited service included the period used to deter- 30 mine final average salary exceeds the average of the wages of the previ- 31 ous two years of credited service by more than ten percent, the amount 32 in excess of ten percent shall be excluded from the computation of final 33 average salary. [For members who first become a member of the New York34state and local employees' retirement system on or after April first,35two thousand twelve, with respect to members of the New York state and36local employees' retirement system, a member's final average salary37shall be equal to one-fifth of the highest total wages earned during any38continuous period of employment for which the member was credited with39five years of service credit; provided, however, if the wages earned40during any year of credited service included the period used to deter-41mine final average salary exceeds the average of the wages of the previ-42ous four years of credited service by more than ten percent, the amount43in excess of ten percent shall be excluded from the computation of final44average salary.] 45 § 2. Subdivisions a and b of section 608 of the retirement and social 46 security law, as amended by chapter 18 of the laws of 2012, are amended 47 to read as follows: 48 a. [For members who first become members of a public retirement system49of the state before April first, two thousand twelve, a] A member's 50 final average salary shall be the average wages earned by such a member 51 during any three consecutive years which provide the highest average 52 wage; provided, however, if the wages earned during any year included in 53 the period used to determine final average salary exceeds that of the 54 average of the previous two years by more than ten percent, the amount 55 in excess of ten percent shall be excluded from the computation of final 56 average salary. [For members who first become members of the New YorkS. 8306--C 136 A. 8806--C 1state and local employees' retirement system or the New York state2teachers' retirement system on or after April first, two thousand3twelve, a member's final average salary shall be the average wages4earned by such member during any five consecutive years which provide5the highest average wage; provided, however, if the wages earned during6any year included in the period used to determine final average salary7exceeds that of the average of the previous four years by more than ten8percent, the amount in excess of ten percent shall be excluded from the9computation of final average salary.] Where the period used to determine 10 final average salary is the period which immediately precedes the date 11 of retirement, any month or months (not in excess of twelve) which would 12 otherwise be included in computing final average salary but during which 13 the member was on authorized leave of absence at partial pay or without 14 pay shall be excluded from the computation of final average salary and 15 the month or an equal number of months immediately preceding such period 16 shall be substituted in lieu thereof. 17 b. Notwithstanding the provisions of subdivision a of this section, 18 with respect to members [who first became members] of the New York state 19 and local employees' retirement system and the New York city teachers' 20 retirement system [before April first, two thousand twelve], a member's 21 final average salary shall be equal to one-third of the highest total 22 wages earned by such member during any continuous period of employment 23 for which the member was credited with three years of service credit; 24 provided, however, if the wages earned during any year of credited 25 service included in the period used to determine final average salary 26 exceeds the average of the wages of the previous two years of credited 27 service by more than ten percent, the amount in excess of ten percent 28 shall be excluded from the computation of final average salary. [With29respect to members who first become members of the New York state and30local employees' retirement system and the New York city teachers'31retirement system on or after April first, two thousand twelve, a32member's final average salary shall be equal to one-fifth of the highest33total wages earned by such member during any continuous period of34employment for which the member was credited with five years of service35credit; provided, however, if the wages earned during any year of cred-36ited service included in the period used to determine final average37salary exceeds the average of the wages of the previous four years of38credited service by more than ten percent, the amount in excess of ten39percent shall be excluded from the computation of final average salary.] 40 § 3. Subparagraph (ii) of paragraph 14 of subdivision e of section 41 13-638.4 of the administrative code of the city of New York, as amended 42 by chapter 18 of the laws of 2012, is amended to read as follows: 43 (ii) Subject to the provisions of subdivision f of this section where 44 those provisions are applicable, and notwithstanding the provisions of 45 subdivisions a and c of section six hundred eight of the RSSL, for a 46 tier IV member of NYCERS who is a New York city revised plan member (as 47 defined in subdivision m of section six hundred one of the RSSL) or a 48 tier IV member of BERS who is a New York city revised plan member, the 49 term "final average salary", as used in article fifteen of the RSSL, 50 shall be equal to [one-fifth] one-third of the highest total wages 51 earned by such member during any continuous period of employment for 52 which the member was credited with [five] three years of service credit; 53 provided that if the wages earned during any year of credited service 54 included in the period used to determine final average salary exceeds 55 the average of the wages of the previous four years of credited service 56 by more than ten percent, the amount in excess of ten percent shall beS. 8306--C 137 A. 8806--C 1 excluded from the computation of final average salary, provided further 2 that "wages", as used in this paragraph, shall mean the applicable 3 provisions and limitations of the term "wages", as defined in subdivi- 4 sion l of section six hundred one of the RSSL. 5 § 4. Subdivision a of section 1209 of the retirement and social secu- 6 rity law, as amended by chapter 705 of the laws of 2023, is amended to 7 read as follows: 8 a. For members who first become members of the New York state and 9 local police and fire retirement system on or after April first, two 10 thousand twelve, a member's final average salary shall be equal to one- 11 fifth of the highest total wages earned by such member during any 12 continuous period of employment for which the member was credited with 13 five years of service credit; provided, however, if the wages earned 14 during any year of credited service included in the period used to 15 determine final average salary exceeds the average of the wages of the 16 previous four years of credited service by more than ten percent, the 17 amount in excess of ten percent shall be excluded from the computation 18 of final average salary. Provided, however, beginning on or after April 19 first, two thousand twenty-four, a member's final average salary shall 20 be equal to one-third of the highest total wages earned by such member 21 during any continuous period of employment for which the member was 22 credited with three years of service credit; provided, however, if the 23 wages earned during any year of credited service included in the period 24 used to determine final average salary exceeds the average of the wages 25 of the previous two years of credited service by more than ten percent, 26 the amount in excess of ten percent shall be excluded from the computa- 27 tion of final average salary. Wages in excess of the annual salary paid 28 to the governor pursuant to section three of article four of the state 29 constitution shall be excluded from the computation of final average 30 salary for members who first become members of the New York state and 31 local police and fire retirement system on or after April first, two 32 thousand twelve. 33 § 5. Notwithstanding any other provision of law to the contrary, none 34 of the provisions of this act shall be subject to section 25 of the 35 retirement and social security law. 36 § 6. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would provide Tier 6 members in the New York State and Local Retirement System a final average salary based on their highest salary earned over three consecutive years, where the salary earned in any year cannot exceed the average of the previous two years by more than 10%. Currently, final average salary for these members is based on their highest salary earned over five consecutive years, where the salary earned in any year cannot exceed the average of the previous four years by more than 10%. The provisions of Section 25 of the Retirement and Social Security Law shall not apply. Insofar as this bill affects the New York State and Local Employees' Retirement System (NYSLERS), the increased costs would be shared by the State of New York and the local participating employers in the NYSLERS. If this bill were enacted during the 2024 Legislative Session, the increase in the present value of benefits would be approximately $1.17 billion. NYSLERS Increase in present Increase in required value benefits contributions Tiers 1 - 5 $0 $220 million Tier 6 $1.17 billion $950 millionS. 8306--C 138 A. 8806--C Total $1.17 billion $1.17 billion In the NYSLERS, this benefit improvement will be funded by increasing the billing rates charged annually to cover both retrospective and prospective benefit increases. The annual contribution required of all participating employers in NYSLERS is 0.4% of billable salary, or approximately $51 million to the State of New York and approximately $76 million to the local participating employers. This permanent annual cost will increase as Tier 6 salary grows and will vary by employer based upon the plan coverage and salary reported in Tier 6. Insofar as this bill affects the New York State and Local Police and Fire Retirement System (NYSLPFRS), the increased costs would be shared by the State of New York and the local participating employers in the NYSLPFRS. If this bill were enacted during the 2024 Legislative Session, the increase in the present value of benefits would be approximately $341 million. NYSLPFRS Increase in present Increase in required value benefits contributions Tiers 1 - 5 $0 $33 million Tier 6 $341 million $308 million Total $341 million $341 million In the NYSLPFRS, this benefit improvement will be funded by increasing the billing rates charged annually to cover both retrospective and prospective benefit increases. The annual contribution required of all participating employers in the NYSLPFRS is 0.70% of billable salary, or approximately $6.0 million to the State of New York and approximately $25 million to the local participating employers. The permanent annual cost will increase as Tier 6 salary grows and will vary by employer based upon the plan coverage and salary reported in Tier 6. These estimated costs are based on 265,533 Tier 6 members in the NYSLERS and 16,599 Tier 6 members in the NYSLPFRS, with annual salary of approximately $12 billion and $1.5 billion, respectively, as of March 31, 2023. Summary of relevant resources: Membership data as of March 31, 2023 was used in measuring the impact of the proposed change, the same data used in the April 1, 2023 actuari- al valuation. Distributions and other statistics can be found in the 2023 Report of the Actuary and the 2023 Annual Comprehensive Financial Report. The actuarial assumptions and methods used are described in the 2023 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2023 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated February 2, 2024, and intended for use only during the 2024 Legislative Session, is Fiscal Note No. 2024-118, prepared by the Actuary for the New York State and Local Retirement System.S. 8306--C 139 A. 8806--C FISCAL NOTE.--Pursuant to Legislative Law, Section 50: As it relates to the New York State Teacher's Retirement System, this bill would amend subdivisions a and b of Section 608 of the Retirement and Social Security Law to change the definition of final average salary for Tier 6 members to be the same as that for Tier 3, 4 and 5 members. The final average salary for Tier 6 members would be based on any three consecutive years which produce the highest average salary. Currently, the final average salary for Tier 6 members is based on the salaries earned during any five consecutive years which provide the highest aver- age salary. Additionally, under the bill, as in Tier 3, 4 and 5, if the salary for any year used in the period exceeds that of the average of the prior two years by more than 10%, the amount in excess of 10% shall be excluded from the computation. Currently, under Tier 6, if the salary for any year used in the period exceeds that of the average of the prior four years by more than 10%, the amount in excess of 10% is excluded from the computation. The annual cost to the employers of members of the New York State Teachers' Retirement System for this benefit is estimated to be $23.1 million or 0.12% of payroll if this bill is enacted. The System's "new entrant rate", a hypothetical employer contribution rate that would occur if we started a new Retirement System without any assets, is equal to 5.31% of pay under the current Tier 6 benefit struc- ture. This can be thought of as the long-term expected employer cost of Tier 6, based on current actuarial assumptions. For the proposed change to the Tier 6 benefit structure under this bill, this new entrant rate is estimated to increase to 5.55% of pay, an increase of 0.24% of pay. Member data is from the System's most recent actuarial valuation files as of June 30, 2023, consisting of data provided by the employers to the Retirement System. The most recent data distributions and statistics can be found in the System's Annual Report for fiscal year ended June 30, 2023. System assets are as reported in the System's financial state- ments and can also be found in the System's Annual Report. Actuarial assumptions and methods are provided in the System's Actuarial Valuation Report as of June 30, 2023. The source of this estimate is Fiscal Note 2024-17 dated February 2, 2024 prepared by the Office of the Actuary of the New York State Teach- ers' Retirement System and is intended for use only during the 2024 Legislative Session. I, Richard A. Young, am the Chief Actuary for the New York State Teachers' Retirement System. I am a member of the Ameri- can Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: SUMMARY: This proposed legislation, as it relates to the New York City Retirement Systems and Pension Funds (NYCRS), would increase the Final Average Salary used to calculate pension benefits for certain Tier 3 and Tier 6 members of NYCRS by reducing the number of years included in the average from five years to three years. EXPECTED INCREASE (DECREASE) IN EMPLOYER CONTRIBUTIONS by Fiscal Year for the first 25 years ($ in Millions) Year NYCERS TRS BERS POLICE FIRE TOTAL 2025 67.2 56.2 5.7 47.8 19.4 196.3 2026 63.9 54.9 5.9 44.2 21.3 190.2 2027 68.0 57.8 6.2 49.2 23.3 204.5S. 8306--C 140 A. 8806--C 2028 72.2 60.9 6.5 54.8 25.5 219.9 2029 76.5 64.2 6.9 60.2 27.8 235.6 2030 80.8 67.7 7.2 66.0 30.2 251.9 2031 85.2 71.4 7.6 71.4 32.7 268.3 2032 89.5 75.4 7.9 76.0 35.3 284.1 2033 93.9 79.6 8.3 80.5 38.0 300.3 2034 98.5 84.1 8.7 85.0 40.8 317.1 2035 103.0 88.9 9.0 89.4 43.7 334.0 2036 107.6 93.9 9.4 93.8 46.7 351.4 2037 112.2 99.2 9.8 98.4 49.8 369.4 2038 116.9 104.8 8.0 103.4 53.1 386.2 2039 121.7 110.8 8.5 108.5 56.3 405.8 2040 103.5 116.9 8.9 113.4 59.6 402.3 2041 108.2 123.3 9.3 107.4 63.0 411.2 2042 113.0 129.7 9.7 112.3 66.4 431.1 2043 117.8 136.1 10.2 117.3 64.2 445.6 2044 122.7 123.8 10.6 122.3 67.6 447.0 2045 127.6 130.1 11.1 127.4 70.9 467.1 2046 132.6 136.4 11.5 132.5 74.2 487.2 2047 137.7 142.5 12.0 137.6 77.4 507.2 2048 142.9 148.6 12.5 142.9 80.7 527.6 2049 148.1 154.8 13.0 148.4 83.9 548.2 Employer Contribution impact beyond Fiscal Year 2049 is not shown. Projected contributions include future new hires that may be impacted. The initial increase in employer contributions of $196.3 million is estimated to be $163.2 million for New York City and $33.1 million for the other obligors of NYCRS. INITIAL INCREASE (DECREASE) IN ACTUARIAL LIABILITIES as of June 30, 2023 ($ in Millions) Present Value (PV) NYCERS TRS BERS POLICE FIRE PV of Benefits: 633.8 666.9 53.3 570.7 279.6 PV of Employee Contributions: 0.0 0.0 0.0 0.0 0.0 PV of Employer Contributions: 633.8 666.9 53.3 570.7 279.6 Unfunded Accrued Liabilities: 207.9 189.6 17.8 105.3 53.8 AMORTIZATION OF UNFUNDED ACCRUED LIABILITY NYCERS TRS BERS POLICE FIRE Number of Payments: 15 19 13 16 18 Fiscal Year of Last Payment: 2039 2043 2037 2040 2042 Amortization Payment: 22.9 M 18.6 M 2.2 M 10.8 M 5.5 M Additional One-time Payment: 7.0 M 4.0 M 0.0 M 7.5 M 0.0 M Unfunded Accrued Liability (UAL) increases for active members were amortized over the expected remaining working lifetime of those impacted by the benefit changes using level dollar payments. UAL attributable to terminated vested members was recognized in the first year. CENSUS DATA: The estimates presented herein are based on preliminary census data collected as of June 30, 2023. The census data for the impacted population is summarized below.S. 8306--C 141 A. 8806--C NYCERS TRS BERS POLICE FIRE Active Members - Number Count: 92,737 60,663 12,932 20,089 5,030 - Average Age: 42.1 38.1 46.9 32.7 33.5 - Average Service: 4.6 5.0 4.0 6.1 5.5 - Average Salary: 80,600 80,000 56,200 107,400 112,400 Term. Vested Members - Number Count: 4,274 3,999 397 887 9 - Average Age: 41.5 37.9 44.6 34.6 37.6 IMPACT ON MEMBER BENEFITS: Currently, Final Average Salary (FAS) is based on a five-year average, with each year's salary limited to 110% of the average of the prior four year's salaries for the following groups: * Tier 3 and Tier 6 members who joined NYCRS on or after April 1, 2012, and * Tier 3 enhanced members of POLICE and FIRE who retire for disabili- ty. Under the proposed legislation, the FAS for such members would be based on a three-year average, with each year's salary limited to 110% of the average of the prior two year's salaries (prior four year's sala- ries for NYCERS and BERS). The five-year FAS for enhanced disability benefits for Corrections and Sanitation members of NYCERS is provided as part of an agreement under Retirement and Social Security Law Article 25 and is assumed to remain unchanged by this proposed legislation. ASSUMPTIONS AND METHODS: The estimates presented herein have been calculated based on the Revised 2021 Actuarial Assumptions and Methods of the impacted retirement systems. In addition: * New entrants were assumed to replace exiting members so that total payroll increases by 3% each year for impacted groups. New entrant demo- graphics were developed based on data for recent new hires and actuarial judgement. RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend highly on the actuarial assumptions, methods, and models used, demo- graphics of the impacted population, and other factors such as invest- ment, contribution, and other risks. If actual experience deviates from actuarial assumptions, the actual costs could differ from those presented herein. Quantifying these risks is beyond the scope of this Fiscal Note. This Fiscal Note is intended to measure pension-related impacts and does not include other potential costs (e.g., administrative and Other Postemployment Benefits). STATEMENT OF ACTUARIAL OPINION: Marek Tyszkiewicz and Gregory Zelikov- sky are members of the Society of Actuaries and the American Academy of Actuaries. We are members of NYCERS but do not believe it impairs our objectivity and we meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. To the best of our knowledge, the results contained herein have been prepared in accordance with generally accepted actuarial principles and procedures and with the Actuarial Standards of Practice issued by the Actuarial Standards Board. FISCAL NOTE IDENTIFICATION: This Fiscal Note 2024-10 dated February 2, 2024 was prepared by the Chief Actuary for the New York City Retirement Systems and Pension Funds. This estimate is intended for use only during the 2024 Legislative Session.S. 8306--C 142 A. 8806--C 1 PART RR 2 Section 1. Paragraph (a) of subdivision 2 of section 452 of the tax 3 law, as added by chapter 32 of the laws of 2016, is amended to read as 4 follows: 5 (a) [eight and one-half] three percent of gross receipts from ticket 6 sales; and 7 § 2. This act shall take effect December 1, 2024, and shall apply to 8 gross receipts from ticket sales for combative sports matches or exhibi- 9 tions held on or after such date. 10 PART SS 11 Section 1. Legislative findings. The legislature finds that a historic 12 windmill is located on the Southampton campus of the state university of 13 New York at Stony Brook ("Stony Brook"). 14 The Windmill was constructed in 1714 and has been at its current 15 location in Shinnecock Hills since 1888, when it was saved from 16 destruction from its location in the Village of Southampton by Janet 17 Hoyt, the wife of William Hoyt, the builder of the Shinnecock Inn. Janet 18 Hoyt, together with Samuel Parrish, founded the Summer School of Art. It 19 is the only windmill of three in Southampton Village that survived. It 20 has been in its current location for 136 years. 21 In the summer of 1957, Tennessee Williams resided there when he wrote 22 the play "The Day on Which a Man Dies" about the death of his friend 23 Jackson Pollock. The Library Association of America officially desig- 24 nated the Windmill, at its current location, as a literary landmark in 25 2013. 26 In 1963, when Long Island University established Southampton College, 27 the Windmill became the symbol of the new campus. The Windmill is 28 beloved by thousands of former students, faculty, and administrators who 29 rightly associate it with the very identity of the school. The College 30 newspaper was aptly named "The Windmill". The Windmill has been on 31 everything related to the college including sports uniforms, yearbooks, 32 apparel, and assorted memorabilia. 33 In 2006, Stony Brook University acquired the campus and has continued 34 the legacy of providing quality education to the residents of eastern 35 Long Island. In 2009, Stony Brook led the effort to rehabilitate the 36 Windmill. The Windmill and the adjacent water view quad have been in 37 continuous use hosting innumerable events, readings, receptions, orien- 38 tations, celebrations, workshops, and fundraising dinners. The annual 39 Windmill Lighting during the holiday season continues to be an East End 40 tradition. 41 The current president of Stony Brook University recently stated that 42 "the Stony Brook University campus community is proud to be the caretak- 43 er of the Windmill, a cherished historical icon that has existed in its 44 current location for over a century". 45 However, in recent years, the Windmill has fallen into disrepair due 46 to lack of maintenance and was condemned by the New York State fire 47 marshal in 2023. It is imperative that this historic structure be reha- 48 bilitated and restored so that it can continue to be the "cherished 49 historical icon" and symbol of the Southampton campus. 50 The legislature further finds that the best alternative to secure the 51 future of the Windmill is through a partnership with the town of South- 52 ampton by providing funds for the rehabilitation and restoration of the 53 Windmill through the town community preservation fund. To accomplishS. 8306--C 143 A. 8806--C 1 this partnership the legislature further finds that granting the trus- 2 tees of the State University of New York ("trustees") the authority and 3 power to lease and otherwise contract with the Town of Southampton to 4 make available certain grounds and facilities of Stony Brook's campus 5 will best affect this partnership for the benefit of Stony Brook, the 6 surrounding community, and the general public. 7 § 2. Notwithstanding any other law to the contrary, the state univer- 8 sity trustees are hereby authorized and empowered, without any public 9 bidding, to lease and otherwise contract to make available to the town 10 of Southampton, a municipal corporation (the "ground lessee"), a portion 11 of the lands of the university on its Southampton campus, generally 12 described in this act for the purpose of rehabilitating and restoring 13 the historic Windmill located on such campus. Such lease or contract 14 shall be for a period not exceeding 100 years without any fee simple 15 conveyance and otherwise upon terms and conditions determined by such 16 trustees, subject to the approval of the director of the division of the 17 budget, the attorney general and the state comptroller. If the real 18 property that is the subject of such lease or contract shall cease to be 19 used for the purpose described in this act, such lease or contract shall 20 immediately terminate, and the real property and any improvements there- 21 on shall revert to the state university of New York. Any lease or 22 contract entered into pursuant to this act shall provide that the real 23 property that is the subject of such lease or contract and any improve- 24 ments thereon shall revert to the state university of New York on the 25 expiration of such contract or lease. 26 § 3. Any contract or lease entered into pursuant to this act shall be 27 deemed to be a state contract for purposes of article 15-A of the execu- 28 tive law, and any contractor, subcontractor, lessee or sublessee enter- 29 ing into such contract or lease for the construction, demolition, recon- 30 struction, excavation, rehabilitation, repair, renovation, alteration or 31 improvement authorized pursuant to this act shall be deemed a state 32 agency for the purposes of article 15-A of the executive law and subject 33 to the provisions of such article. 34 § 4. Notwithstanding any general, special or local law or judicial 35 decision to the contrary, all work performed on a project authorized by 36 this act where all or any portion thereof involves a lease or agreement 37 for construction, demolition, reconstruction, excavation, rehabili- 38 tation, repair, renovation, alteration or improvement shall be deemed 39 public work and shall be subject to and performed in accordance with the 40 provisions of article 8 of the labor law to the same extent and in the 41 same manner as a contract of the state, and compliance with all the 42 provisions of article 8 of the labor law shall be required of any 43 lessee, sublessee, contractor or subcontractor on the project, including 44 the enforcement of prevailing wage requirements by the fiscal officer as 45 defined in paragraph e of subdivision 5 of section 220 of the labor law 46 to the same extent as a contract of the state. 47 § 5. Notwithstanding any law, rule or regulation to the contrary, the 48 state university of New York shall not contract out to the town of 49 Southampton or any subsidiary for the instruction or any pedagogical 50 functions or services, or any administrative services, and similar 51 professional services currently being performed by state employees. All 52 such functions and services shall be performed by state employees pursu- 53 ant to the civil service law. Nothing in this act shall result in the 54 displacement of any currently employed state worker or the loss of posi- 55 tion (including partial displacement such as reduction in the hours of 56 nonovertime, wages or employment benefits), or result in the impairmentS. 8306--C 144 A. 8806--C 1 of existing contracts for services or collective bargaining rights 2 pursuant to existing agreements. All positions currently at the state 3 university of New York in the unclassified service of the civil service 4 law shall remain in the unclassified service. No services or work on the 5 property described in this act currently performed by public employees 6 or future work that is similar in scope and nature to the work being 7 currently performed by public employees shall be contracted out or 8 privatized by the state university of New York or by an affiliated enti- 9 ty or associated entity of the state university of New York. All such 10 future work shall be performed by public employees. 11 § 6. For the purposes of this act: 12 (a) "project" shall mean work at the property authorized by this act 13 to be leased to the town of Southampton as described in section twelve 14 of this act that involves the design, construction, reconstruction, 15 demolition, excavating, rehabilitation, repair, renovation, alteration 16 or improvement of such property. 17 (b) "project labor agreement" shall mean a pre-hire collective 18 bargaining agreement between a contractor and a labor organization, 19 establishing the labor organization as the collective bargaining repre- 20 sentative for all persons who will perform work on the project, and 21 which provides that only contractors and subcontractors who sign a pre- 22 negotiated agreement with the labor organization can perform project 23 work. 24 § 7. Notwithstanding the provisions of any general, special, or local 25 law or judicial decision to the contrary: (a) the town of Southampton 26 may require a contractor awarded a contract, subcontract, lease, grant, 27 bond, covenant or other agreement for a project to enter into a project 28 labor agreement during and for the work involved with such project when 29 such requirement is part of the ground lessee's request for proposals 30 for the project and when the state university of New York at Stony Brook 31 determines that the record supporting the decision to enter into such an 32 agreement establishes that the interests underlying the competitive 33 bidding laws are best met by requiring a project labor agreement includ- 34 ing obtaining the best work at the lowest possible price; preventing 35 favoritism, fraud and corruption; the impact of delay; the possibility 36 of cost savings; and any local history of labor unrest. 37 (b) If the state university of New York at Stony Brook does not 38 require a project labor agreement, then any contractor, subcontractor, 39 lease, grant, bond, covenant or other agreements for a project shall be 40 awarded pursuant to section 135 of the state finance law. 41 § 8. Nothing in this act shall be deemed to waive or impair any rights 42 or benefits of employees of the state university of New York that other- 43 wise would be available to them pursuant to the terms of agreements 44 between the certified representatives of such employees and the state of 45 New York pursuant to article 14 of the civil service law; all work 46 performed on such property that ordinarily would be performed by employ- 47 ees subject to article 14 of the civil service law shall continue to be 48 performed by such employees. 49 § 9. Without limiting the determination of the terms and conditions of 50 such contracts or leases, such terms and conditions may provide for 51 leasing, subleasing, construction, reconstruction, rehabilitation, 52 improvement, operation and management of and provision of services and 53 assistance and the granting of licenses, easements and other arrange- 54 ments with regard to such grounds and facilities by the ground lessee, 55 and parties contracting with the ground lessee, and in connection with 56 such activities, the obtaining of funding or financing, whether publicS. 8306--C 145 A. 8806--C 1 or private, unsecured or secured, including, but not limited to, secured 2 by leasehold mortgages and assignments of rents and leases, by the 3 ground lessee and parties contracting with the ground lessee for the 4 purposes of completing the project described in this act. 5 § 10. Such lease shall include an indemnity provision whereby the 6 lessee or sublessee promises to indemnify, hold harmless and defend the 7 lessor against all claims, suits, actions, and liability to all persons 8 on the leased premises, including tenant, tenant's agents, contractors, 9 subcontractors, employees, customers, guests, licensees, invitees and 10 members of the public, for damage to any such person's property, whether 11 real or personal, or for personal injuries arising out of tenant's use 12 or occupation of the demised premises. 13 § 11. Any contracts entered into pursuant to this act between the 14 ground lessee and parties contracting with the ground lessee shall be 15 awarded by a competitive process. 16 § 12. The property authorized by this act to be leased to the ground 17 lessee is generally described as that parcel of real property with 18 improvements thereon consisting of a total of .2296 acres situated on 19 the Southampton campus of the state university of New York at Stony 20 Brook. 21 The description in this section of the parcel to be made available 22 pursuant to this act is not meant to be a legal description, but is 23 intended only to identify the parcel: 24 BEGINNING AT A POINT WITHIN CURRENT LOT 1 OF BLOCK 1, SECTION 211 BEING 25 DISTANT 1756.22 FEET ONBEARING OF SOUTH 54 DEGREES 34 MINUTES 13 SECONDS 26 WEST FROM THE INTERSECTION OF THE WESTERLYSIDELINE OF TUCKAHOE ROAD (50 27 FEET WIDE) WITH THE SOUTHERLY SIDELINE OF LOT 9 OF BLOCK 6, SECTION 211 28 BEING THE LANDS NOW OR FORMERLY OF THE MTA-LIRR RAILROAD. THE SAID 29 BEGINNING POINT HAVING STATEPLANE COORDINATE VALUES (NAD83) OF NORTH 30 266595.6968 AND EAST 1414088.8790, AND RUNNING FROM THE SAID POINT OF 31 BEGINNING; 32 THENCE RUNNING THROUGH SAID SECTION 211, BLOCK 1, LOT 1 THE FOLLOWING 33 FOUR (4) COURSES: 34 (1) DUE SOUTH, A DISTANCE OF 100.00 FEET; THENCE 35 (2) DUE WEST, A DISTANCE OF 100.00 FEET; THENCE 36 (3) DUE NORTH, A DISTANCE OF 100.00 FEET; THENCE 37 (4) DUE EAST, A DISTANCE OF 100.00 FEET TO THE POINT AND PLACE OF BEGIN- 38 NING. 39 CONTAINING: 10,000 SQUARE FEET OR 0.2296 ACRES OF LAND. Subject to all 40 existing easements and restrictions of record. 41 § 13. The state university of New York shall not lease lands described 42 in this act unless any such lease shall be executed within 5 years of 43 the effective date of this act. 44 § 14. Insofar as the provisions of this act are inconsistent with the 45 provisions of any law, general, special or local, the provisions of this 46 act shall be controlling. 47 § 15. This act shall take effect immediately. 48 PART TT 49 Section 1. Subdivision 1 of section 2799-gg of the public authorities 50 law, as amended by chapter 182 of the laws of 2009, is amended to read 51 as follows: 52 1. The authority shall have the power and is hereby authorized from 53 time to time to issue bonds, in conformity with applicable provisions of 54 the uniform commercial code, in such principal amounts as it may deter-S. 8306--C 146 A. 8806--C 1 mine to be necessary pursuant to section twenty-seven hundred ninety- 2 nine-ff of this title to pay the cost of any project and to fund 3 reserves to secure such bonds, including incidental expenses in 4 connection therewith. 5 The aggregate principal amount of such bonds, notes or other obli- 6 gations outstanding shall not exceed [thirteen billion, five hundred7million dollars ($13,500,000,000)], beginning July first, two thousand 8 twenty-four, twenty-one billion five hundred million dollars 9 ($21,500,000,000) and beginning July first, two thousand twenty-five, 10 twenty-seven billion five hundred million dollars ($27,500,000,000), 11 excluding bonds, notes or other obligations issued pursuant to sections 12 twenty-seven hundred ninety-nine-ss and twenty-seven hundred ninety- 13 nine-tt of this title; provided, however, that upon any refunding or 14 repayment of bonds (which term shall not, for this purpose, include bond 15 anticipation notes), the total aggregate principal amount of outstanding 16 bonds, notes or other obligations may be greater than [thirteen billion,17five hundred million dollars ($13,500,000,000)], beginning July first, 18 two thousand twenty-four, twenty-one billion five hundred million 19 dollars ($21,500,000,000), and beginning July first, two thousand twen- 20 ty-five, twenty-seven billion five hundred million dollars 21 ($27,500,000,000), only if the refunding or repayment bonds, notes or 22 other obligations were issued in accordance with the provisions of 23 subparagraph (a) of subdivision two of paragraph b of section 90.10 of 24 the local finance law, as amended from time to time. Notwithstanding the 25 foregoing, bonds, notes or other obligations issued by the authority may 26 be outstanding in an amount greater than the amount permitted by the 27 preceding sentence, provided that such additional amount at issuance, 28 together with the amount of indebtedness contracted by the city of New 29 York, shall not exceed the limit prescribed by section 104.00 of the 30 local finance law. The authority shall have the power from time to time 31 to refund any bonds of the authority by the issuance of new bonds wheth- 32 er the bonds to be refunded have or have not matured, and may issue 33 bonds partly to refund bonds of the authority then outstanding and part- 34 ly to pay the cost of any project pursuant to section twenty-seven 35 hundred ninety-nine-ff of this title. Bonds issued by the authority 36 shall be payable solely out of particular revenues or other moneys of 37 the authority as may be designated in the proceedings of the authority 38 under which the bonds shall be authorized to be issued, subject to any 39 agreements entered into between the authority and the city, and subject 40 to any agreements with the holders of outstanding bonds pledging any 41 particular revenues or moneys. 42 § 2. For the purpose of achieving the class size targets, as required 43 by section 211-d of the education law, the city of New York shall 44 increase planned spending on classroom construction by two billion 45 dollars ($2,000,000,000) over and above the planned capital spending 46 detailed in the February 2024 School Construction Authority capital 47 plan. 48 § 3. This act shall take effect immediately and shall be deemed to 49 have been in full force and effect on and after April 1, 2024. 50 PART UU 51 Section 1. Subdivision 5-a of section 1204 of the public authorities 52 law, as amended by chapter 931 of the laws of 1984, is amended to read 53 as follows:S. 8306--C 147 A. 8806--C 1 5-a. To make, amend and repeal rules governing the conduct and safety 2 of the public as it may deem necessary, convenient or desirable for the 3 use and operation of the transit facilities under its jurisdiction, 4 including without limitation rules relating to the protection or mainte- 5 nance of such facilities, the conduct and safety of the public, the 6 payment of fares or other lawful charges for the use of such facilities, 7 the presentation or display of documentation permitting free passage, 8 reduced fare passage or full fare passage on such facilities and the 9 protection of the revenue of the authority. Violations of such rules 10 shall be an offense punishable by a fine of not exceeding twenty-five 11 dollars or by imprisonment for not longer than ten days, or both, or may 12 be punishable by the imposition by the transit adjudication bureau 13 established pursuant to the provisions of this title of a civil penalty 14 in an amount for each violation not to exceed one hundred dollars or, in 15 the case of certain repeat violations relating to the payment of fares 16 in accordance with subdivision eleven of section twelve hundred nine-a 17 of this title, not to exceed one hundred fifty dollars (in each case 18 exclusive of supplemental penalties, interest or costs assessed there- 19 on), in accordance with a schedule of such penalties as may from time to 20 time be established by rules of the authority. Such schedule of penal- 21 ties may provide for the imposition of [additional] supplemental penal- 22 ties, not to exceed a total of fifty dollars for each violation, upon 23 the failure of a respondent in any proceeding commenced with respect to 24 any such violation to make timely response to or appearance in 25 connection with a notice of violation of such rule or to any subsequent 26 notice or order issued by the authority in such proceeding. There shall 27 be no penalty or increment in fine by virtue of a respondent's timely 28 exercise of [his] their right to a hearing or appeal. The rules may 29 provide, in addition to any other sanctions, for the confiscation of 30 tokens, tickets, cards or other fare media that have been forged, coun- 31 terfeit, improperly altered or transferred, or otherwise used in a 32 manner inconsistent with such rules. The authority shall not use, or 33 arrange for the use, of biometric identifying technology, including but 34 not limited to facial recognition technology, to enforce rules relating 35 to the payment of fares. 36 § 2. Subdivisions 2, 3, 4, 5, 6, 7 and 10 of section 1209-a of the 37 public authorities law, subdivisions 2, 4, 5, 6, 7 and 10 as amended by 38 chapter 379 of the laws of 1992, subdivision 3 and paragraphs b and i of 39 subdivision 4 as amended by chapter 460 of the laws of 2015, are 40 amended, and three new subdivisions 11, 12 and 13 are added to read as 41 follows: 42 2. Hearing officers. The president of the authority shall appoint 43 hearing officers who shall preside at hearings for the adjudication of 44 charges of transit or railroad infractions, as hereinafter defined and 45 the adjudication of allegations of liability for violations of the rules 46 and regulations of the triborough bridge and tunnel authority in accord- 47 ance with section two thousand nine hundred eighty-five of this chapter, 48 and who, as provided below, may be designated to serve on the appeals 49 board of the bureau. Every hearing officer shall have been admitted to 50 the practice of law in this state for a period of at least three years, 51 and shall be compensated for [his] their services on a per diem basis 52 determined by the bureau. 53 3. Jurisdiction. The bureau shall have, with respect to acts or inci- 54 dents in or on the transit or railroad facilities of the authority or 55 the metropolitan transportation authority or a subsidiary thereof 56 committed by or involving persons who are sixteen years of age or over,S. 8306--C 148 A. 8806--C 1 [or with respect to acts or incidents occurring on omnibuses owned or2operated by the metropolitan transportation authority or a subsidiary3thereof,] and with respect to violation of toll collection regulations 4 of the triborough bridge and tunnel authority as described in section 5 twenty-nine hundred eighty-five of this chapter, non-exclusive jurisdic- 6 tion over violations of: (a) the rules which may from time to time be 7 established by the authority under subdivision five-a of section twelve 8 hundred four of this chapter; (b) article one hundred thirty-nine of the 9 health code of the city of New York, as it may be amended from time to 10 time, relating to public transportation facilities; (c) article four of 11 the noise control code of the city of New York, as it may be amended 12 from time to time, insofar as it pertains to sound reproduction devices; 13 (d) the rules and regulations which may from time to time be established 14 by the triborough bridge and tunnel authority in accordance with the 15 provisions of section twenty-nine hundred eighty-five of this chapter; 16 and (e) rules and regulations which may from time to time be established 17 by the metropolitan transportation authority or a subsidiary thereof in 18 accordance with the provisions of section twelve hundred sixty-six of 19 this chapter. Matters within the jurisdiction of the bureau except 20 violations of the rules and regulations of the triborough bridge and 21 tunnel authority shall be known for purposes of this section as transit 22 or railroad infractions, as applicable. Nothing herein shall be 23 construed to divest jurisdiction from any court now having jurisdiction 24 over any criminal charge or traffic infraction relating to any act 25 committed in a transit or toll facility, or to impair the ability of a 26 police officer to conduct a lawful search of a person in a transit or 27 railroad facility. The criminal court of the city of New York shall 28 continue to have jurisdiction over any criminal charge or traffic 29 infraction brought for violation of the rules of the authority, the 30 triborough bridge and tunnel authority or the metropolitan transporta- 31 tion authority or a subsidiary thereof, as well as jurisdiction relating 32 to any act which may constitute a crime or an offense under any law of 33 the state of New York or any municipality or political subdivision ther- 34 eof and which may also constitute a violation of such rules. The bureau 35 shall have concurrent jurisdiction with the environmental control board 36 and the administrative tribunal of the department of health over the 37 aforesaid provisions of the health code and noise control code of the 38 city of New York. 39 4. General powers. The bureau shall have the following functions, 40 powers and duties: 41 a. To accept pleas (whether made in person or by mail) to, and to hear 42 and determine, charges of transit and railroad infractions and allega- 43 tions of civil liability pursuant to section two thousand nine hundred 44 eighty-five of this chapter within its jurisdiction; 45 b. To impose civil penalties [not to exceed a total of one hundred46fifty dollars] and to issue warnings for any transit or railroad infrac- 47 tion within its jurisdiction, in accordance with a penalty schedule 48 established by the authority or the metropolitan transportation authori- 49 ty or a subsidiary thereof, as applicable, and the conditions set forth 50 in subdivisions eleven and twelve of this section and subdivision four 51 of section twelve hundred sixty-six of this article, except that penal- 52 ties for violations of the health code of the city of New York shall be 53 in accordance with the penalties established for such violations by the 54 board of health of the city of New York, and penalties for violations of 55 the noise code of the city of New York shall be in accordance with the 56 penalties established for such violations by law, and civil penaltiesS. 8306--C 149 A. 8806--C 1 for violations of the rules and regulations of the triborough bridge and 2 tunnel authority shall be in accordance with the penalties established 3 for such violations by section twenty-nine hundred eighty-five of this 4 chapter; 5 c. In its sole discretion, to suspend or forgive penalties or any 6 portion of penalties imposed on the condition that the respondent volun- 7 tarily agrees to perform and actually does satisfactorily perform unpaid 8 services on transit or railroad facilities as assigned by the authority, 9 such as, without limitation, cleaning of rolling stock; 10 d. To adopt, amend and rescind rules and regulations not inconsistent 11 with any applicable provision of law to carry out the purposes of this 12 section, including but not limited to rules and regulations prescribing 13 the internal procedures and organization of the bureau, the manner and 14 time of entering pleas, the conduct of hearings, and the amount and 15 manner of payment of penalties; 16 e. To enter judgments and enforce them, without court proceedings, in 17 the same manner as the enforcement of money judgments in civil actions, 18 as provided below; 19 f. To compile and maintain complete and accurate records relating to 20 all warnings, charges and dispositions, which records shall be deemed 21 exempt from disclosure under the freedom of information law as records 22 compiled for law enforcement purposes, and provided that, in the absence 23 of an additional violation, records of a warning issued to an individual 24 in accordance with paragraph a of subdivision eleven of this section 25 shall be sealed or expunged as of the date that is four years after the 26 date that such warning was issued; 27 g. To apply to a court of competent jurisdiction for enforcement of 28 any decision or order issued by such bureau or of any subpoena issued by 29 a hearing officer as provided in paragraph d of subdivision seven of 30 this section; 31 h. To enter into contracts with other government agencies, with 32 private organizations, or with individuals to undertake on its behalf 33 such functions as data processing, debt collections, mailing, and gener- 34 al administration, as the executive director deems appropriate, except 35 that the conduct by hearing officers of hearings and of appeals may not 36 be performed by outside contractors, and that biometric identifying 37 technology, including but not limited to facial recognition technology, 38 may not be used or arranged for use by outside contractors to enforce or 39 process transit and railroad infractions relating to the payment of 40 fares; 41 i. To accept payment of penalties and to remit same to the authority 42 or the metropolitan transportation authority or a subsidiary thereof, as 43 applicable; and 44 j. To adjudicate the liability of motor vehicle owners for violations 45 of rules and regulations established in accordance with the provisions 46 of section two thousand nine hundred eighty-five of this chapter. 47 5. Notices of violation. The bureau shall prepare and distribute 48 notices of violation in blank to the transit police and any other person 49 empowered by law, rule and regulation to serve such notices. The form 50 and wording of the notice of violation shall be prescribed by the execu- 51 tive director, and it may be the same as any other notice of violation 52 or summons form already in use if said form meets the requirements here- 53 of. The notice of violation may include provisions to record information 54 which will facilitate the identification and location of respondents, 55 including but not limited to name, address, telephone numbers, date of 56 birth, social security number if otherwise permitted by law, place ofS. 8306--C 150 A. 8806--C 1 employment or school, and name and address of parents or guardian if a 2 minor. Notices of violation shall be issued only to persons who are 3 sixteen years of age or over, and shall be served by delivering the 4 notice within the state to the person to be served. A copy of each 5 notice of violation served hereunder shall be filed and retained by said 6 bureau, and shall be deemed a record kept in the ordinary course of 7 business, and, if sworn to or affirmed, shall be prima facie evidence of 8 the facts contained therein. Said notice of violation shall contain 9 information advising the person charged of the manner and the time with- 10 in which such person may either admit or deny the offense charged in the 11 notice. Such notice of violation shall also contain a warning to advise 12 the person charged that failure to plead in the manner and within the 13 time stated in the notice may result in a default decision and order 14 being entered against such person, and the imposition of supplemental 15 penalties as provided in subdivision five-a of section twelve hundred 16 four or subdivision four of section twelve hundred sixty-six of this 17 chapter. A notice of violation shall not be deemed to be a notice of 18 liability issued pursuant to section two thousand nine hundred eighty- 19 five of this chapter. 20 6. Defaults. Where a respondent has failed to plead to a notice of 21 violation or to a notice of liability issued pursuant to section two 22 thousand nine hundred eighty-five of this chapter within the time 23 allowed by the rules of said bureau or has failed to appear on a desig- 24 nated hearing date or a subsequent date following an adjournment, such 25 failure to plead or appear shall be deemed, for all purposes, to be an 26 admission of liability and shall be grounds for rendering a default 27 decision and order imposing a penalty in such amount as may be 28 prescribed by the authority or the metropolitan transportation authority 29 or a subsidiary thereof. 30 7. Hearings. a. (1) A person charged with a transit or railroad 31 infraction returnable to the bureau or a person alleged to be liable in 32 accordance with the provisions of section two thousand nine hundred 33 eighty-five of this chapter who contests such allegation shall be 34 advised of the date on or by which [he or she] such person must appear 35 to answer the charge at a hearing. Notification of such hearing date 36 shall be given either in the notice of violation or in a form, the 37 content of which shall be prescribed by the executive director or in a 38 manner prescribed in section two thousand nine hundred eighty-five of 39 this chapter. Any such notification shall contain a warning to advise 40 the person charged that failure to appear on or by the date designated, 41 or any subsequent rescheduled or adjourned date, shall be deemed for all 42 purposes, an admission of liability, and that a default judgment may be 43 rendered and penalties may be imposed. Where notification is given in a 44 manner other than in the notice of violation, the bureau shall deliver 45 such notice to the person charged, either personally or by registered or 46 certified mail. 47 (2) Whenever a person charged with a transit or railroad infraction or 48 alleged to be liable in accordance with the provisions of section two 49 thousand nine hundred eighty-five of this chapter returnable to the 50 bureau requests an alternate hearing date and is not then in default as 51 defined in subdivision six of this section, the bureau shall advise such 52 person personally, or by registered or certified mail, of the alternate 53 hearing date on or by which [he or she] such person must appear to 54 answer the charge or allegation at a hearing. The form and content of 55 such notice of hearing shall be prescribed by the executive director, 56 and shall contain a warning to advise the person charged or alleged toS. 8306--C 151 A. 8806--C 1 be liable that failure to appear on or by the alternate designated hear- 2 ing date, or any subsequent rescheduled or adjourned date, shall be 3 deemed for all purposes an admission of liability, and that a default 4 judgment may be rendered and penalties may be imposed. 5 (3) Whenever a person charged with a transit or railroad infraction or 6 alleged to be liable in accordance with the provisions of section two 7 thousand nine hundred eighty-five of this chapter returnable to the 8 bureau appears at a hearing and obtains an adjournment of the hearing 9 pursuant to the rules of the bureau, the bureau shall advise such person 10 personally, or by registered or certified mail, of the adjourned date on 11 which [he or she] such person must appear to answer the charge or alle- 12 gation at a continued hearing. The form and content of such notice of a 13 continued hearing shall be prescribed by the executive director, and 14 shall contain a warning to advise the person charged or alleged to be 15 liable that failure to appear on the adjourned hearing date shall be 16 deemed for all purposes an admission of liability, and that a default 17 judgment may be rendered and penalties may be imposed. 18 b. Every hearing for the adjudication of a charge of a transit or 19 railroad infraction or an allegation of liability under section two 20 thousand nine hundred eighty-five of this chapter hereunder shall be 21 held before a hearing officer in accordance with the rules and regu- 22 lations promulgated by the bureau. 23 c. The hearing officer shall not be bound by the rules of evidence in 24 the conduct of the hearing, except rules relating to privileged communi- 25 cations. 26 d. The hearing officer may, in [his or her] their discretion, or at 27 the request of the person charged or alleged to be liable on a showing 28 of good cause and need therefor, issue subpoenas to compel the appear- 29 ance of any person to give testimony, and issue subpoenas duces tecum to 30 compel the production for examination or introduction into evidence of 31 any book, paper or other thing relevant to the charges. 32 e. In the case of a refusal to obey a subpoena, the bureau may make 33 application to the supreme court pursuant to section twenty-three 34 hundred eight of the civil practice law and rules, for an order requir- 35 ing such appearance, testimony or production of materials. 36 f. The bureau shall make and maintain a sound recording or other 37 record of every hearing. 38 g. After due consideration of the evidence and arguments, the hearing 39 officer shall determine whether the charges or allegations have been 40 established. No charge may be established except upon proof by clear and 41 convincing evidence except allegations of civil liability for violations 42 of triborough bridge and tunnel authority rules and regulations will be 43 established in accordance with the provisions of section two thousand 44 nine hundred eighty-five of this chapter. Where the charges have not 45 been established, an order dismissing the charges or allegations shall 46 be entered. Where a determination is made that a charge or allegation 47 has been established or if an answer admitting the charge or allegation 48 has been received, the hearing officer shall set a penalty in accordance 49 with the penalty schedule established by the authority or the metropol- 50 itan transportation authority or its subsidiaries, or for allegations of 51 civil liability in accordance with the provisions of section two thou- 52 sand nine hundred eighty-five of this chapter and an appropriate order 53 shall be entered in the records of the bureau. The respondent shall be 54 given notice of such entry in person or by certified mail. This order 55 shall constitute the final determination of the hearing officer, and for 56 purposes of review it shall be deemed to incorporate any intermediateS. 8306--C 152 A. 8806--C 1 determinations made by said officer in the course of the proceeding. 2 When no appeal is filed this order shall be the final order of the 3 bureau. 4 10. Funds. All penalties collected pursuant to the provisions of this 5 section shall be paid to the authority to the credit of a transit crime 6 fund which the authority shall establish. Any sums in this fund shall be 7 used to pay for programs selected by the board of the metropolitan 8 transportation authority, in its discretion, to reduce the incidence of 9 crimes and infractions on transit and railroad facilities, or to improve 10 the enforcement of laws against such crimes and infractions. Such funds 11 shall be in addition to and not in substitution for any funds provided 12 by the state or any political subdivision within the [city of New York] 13 metropolitan commuter transportation district as established by section 14 twelve hundred sixty-two of this article for such purposes. 15 11. Civil penalties relating to payment of transit fare violations. 16 Civil penalties imposed by the bureau in connection with a violation by 17 a respondent of the rules of the authority or the MTA bus company relat- 18 ing to the payment of fares shall adhere to the following conditions: 19 a. A violation that is the first such violation by a respondent 20 committed in any four year period shall, absent exceptional circum- 21 stances including a concurrent violation or violations by such individ- 22 ual of the penal law or the rules of conduct of the New York city trans- 23 it authority or the MTA bus company which causes or may tend to cause 24 harm to oneself or to any other person, or to the safe operation of the 25 transit system, be punishable only by an official written warning issued 26 according to and governed by the rules of the authority in all respects; 27 provided that such warning shall not be used for any purpose other than 28 as a predicate to the imposition by the transit adjudication bureau of a 29 civil penalty on such respondent pursuant to this subdivision in the 30 event of a subsequent violation, and provided further that such informa- 31 tion shall not be open to the public, nor subject to civil or criminal 32 process or discovery, nor used by any court or administrative or adjudi- 33 catory body in any action or proceeding therein except that which is 34 necessary for the adjudication of the notice of violation pursuant to 35 this subdivision or for inspection and copying and use by the respond- 36 ent. 37 b. A penalty for a violation that is the second such violation by a 38 respondent committed in any four year period shall not exceed one 39 hundred dollars (exclusive of supplemental penalties, interest or costs 40 assessed thereon). Upon payment by such respondent of the penalty in 41 full by the date due for such payment, absent exceptional circumstances 42 as set forth in paragraph a of this subdivision, the bureau shall issue 43 a farecard to the respondent for use on transit facilities in an amount 44 not to exceed one-half of the penalty amount. 45 c. A penalty for a violation that is the third or subsequent such 46 violation by a respondent committed in any four year period shall not 47 exceed one hundred fifty dollars (exclusive of supplemental penalties, 48 interest or costs assessed thereon). 49 d. In the case of a violation by a respondent who at the time of such 50 violation is enrolled in the fair fares program administered by the city 51 of New York and provides to the bureau proof of such enrollment, the 52 penalty amount for such violation shall not exceed fifty percent of the 53 penalty amount applicable to such violation pursuant to the schedule of 54 such penalties as may from time to time be established by rules of the 55 authority in accordance with paragraphs a through c of this subdivisionS. 8306--C 153 A. 8806--C 1 (exclusive of supplemental penalties, interest or costs assessed there- 2 on). 3 e. Notwithstanding paragraphs a through d of this subdivision, the 4 bureau shall forgive penalties or any portion of penalties imposed on a 5 respondent for a violation of the rules of the authority or of the MTA 6 bus company relating to the payment of fares on the condition that the 7 respondent enrolls in the fair fares program administered by the city of 8 New York and provides to the bureau proof of such enrollment. 9 12. Civil penalties relating to payment of railroad fare violations. 10 Civil penalties imposed by the bureau in connection with a violation by 11 a respondent of the rules of the authority or the metropolitan transpor- 12 tation authority or any of its subsidiaries relating to the payment of 13 fares to the Metro-North railroad and Long Island rail road shall adhere 14 to the following conditions: 15 a. In the case of a violation by a respondent who at the time of such 16 violation is enrolled in the fair fares program administered by the city 17 of New York and provides to the bureau proof of such enrollment, the 18 penalty amount for such violation shall not exceed fifty percent of the 19 penalty amount applicable to such violation pursuant to the schedule of 20 such penalties as may from time to time be established by rules of the 21 authority or metropolitan transportation authority or any of its subsid- 22 iaries. 23 b. Notwithstanding the rules of the authority or the metropolitan 24 transportation authority or any of its subsidiaries, the bureau shall 25 forgive penalties or any portion of penalties imposed on a respondent 26 for a violation of the rules of the authority or of the metropolitan 27 transportation authority or any of its subsidiaries relating to the 28 payment of fares to the Metro-North railroad or Long Island rail road on 29 the condition that the respondent enrolls in the fair fares program 30 administered by the city of New York and provides to the bureau proof of 31 such enrollment. 32 13. Reporting. Within two years of the effective date of this subdivi- 33 sion, the metropolitan transportation authority shall begin publishing 34 through the open data website established under section twelve hundred 35 seventy-nine-i of this article, data regarding fare evasion infractions 36 adjudicated by the bureau, including without limitation the number of 37 transit and railroad infractions issued by location including, to the 38 extent ascertainable, the subway stop, bus route and/or stop if applica- 39 ble, the number and percentage of transit or railroad infractions for 40 which a written warning was issued broken down by location including, to 41 the extent ascertainable, the subway stop, bus route and/or stop if 42 applicable, the date and time of day of each infraction, the number and 43 percentage of transit and railroad infractions issued wherein the 44 infraction was a second or subsequent infraction alleged against the 45 respondent, and such other information as the authority or bureau deem 46 appropriate. No identifiable information about individual violations 47 shall be published in such reporting. 48 § 3. Subdivision 4 of section 1266 of the public authorities law, as 49 amended by chapter 460 of the laws of 2015, is amended to read as 50 follows: 51 4. The authority may establish and, in the case of joint service 52 arrangements, join with others in the establishment of such schedules 53 and standards of operations and such other rules and regulations includ- 54 ing but not limited to rules and regulations governing the conduct and 55 safety of the public as it may deem necessary, convenient or desirable 56 for the use and operation of any transportation facility and relatedS. 8306--C 154 A. 8806--C 1 services operated by the authority or under contract, lease or other 2 arrangement, including joint service arrangements, with the authority. 3 Such rules and regulations governing the conduct and safety of the 4 public shall be filed with the department of state in the manner 5 provided by section one hundred two of the executive law. In the case of 6 any conflict between any such rule or regulation of the authority 7 governing the conduct or the safety of the public and any local law, 8 ordinance, rule or regulation, such rule or regulation of the authority 9 shall prevail. Violation of any such rule or regulation of the authority 10 or any of its subsidiaries governing the conduct or the safety of the 11 public in or upon any facility of the authority or any of its subsid- 12 iaries shall constitute an offense and shall be punishable by a fine not 13 exceeding fifty dollars or imprisonment for not more than thirty days or 14 both or may be punishable by the imposition of a civil penalty by the 15 transit adjudication bureau established pursuant to the provisions of 16 title nine of this article, except that civil penalties relating to the 17 payment of fares may be punishable by the imposition of a civil penalty 18 not to exceed one hundred fifty dollars, provided that civil penalties 19 relating to the payment of fares to the MTA bus company and the Metro- 20 North railroad and Long Island rail road shall be in accordance with the 21 conditions set forth in subdivisions eleven and twelve of section twelve 22 hundred nine-a of this article, as applicable. 23 § 4. The metropolitan transportation authority shall issue findings 24 and a report on the effects of fare evasion on the authority, its 25 subsidiaries and affiliates, including information about the quality of 26 the bureau's adjudication process and recommendations for improvement of 27 that process. Such report shall be published and delivered to the gover- 28 nor, temporary president of the senate, and the speaker of the assembly 29 by January 1, 2028. 30 § 5. This act shall take effect January 1, 2025. Effective immediate- 31 ly, the addition, amendment and/or repeal of any rule or regulation 32 necessary for the implementation of this act on its effective date are 33 authorized to be made and completed on or before such effective date. 34 PART VV 35 Section 1. Study. The office of children and family services shall, 36 within eighteen months from the effective date of this act, conduct and 37 complete a study to evaluate the feasibility of providing after school 38 programming during the academic year to every school-aged child in New 39 York. Such study shall examine, at a minimum, the following: 40 (a) the costs of implementing an after school program, including but 41 not limited to programming, facility, transportation, labor, and securi- 42 ty costs. The study shall also examine the cost burdens borne by fami- 43 lies, municipalities, New York state, and the federal government, and 44 how those costs might more effectively be shared in a universal program; 45 (b) per-child pay rates for current after school providers; 46 (c) to the extent practicable, current accessibility to subsidized 47 after school programming during the academic year; 48 (d) opportunities for inter- and intra-agency collaboration in deliv- 49 ering after school programming, including but not limited to opportu- 50 nities for the department of education, division of criminal justice 51 services, local youth bureaus, and provider agencies to share resources, 52 best practices, and relevant information to deliver effective after 53 school programming; andS. 8306--C 155 A. 8806--C 1 (e) any other relevant topic areas deemed necessary to assist in 2 delivering after school programming in New York state. 3 § 2. Report. No later than ninety days after such study has been 4 completed pursuant to section one of this act, the office of children 5 and family services shall complete a report based on such study on the 6 feasibility and costs to implement an after school program for every 7 school-aged child within the state of New York, and shall deliver such 8 report to the governor, the temporary president of the senate, and the 9 speaker of the assembly. The commissioner of the office of children and 10 family services may acquire directly from the head of any department, 11 agency, or instrumentality of the state any available non-identifying 12 information which the office considers useful in the discharge of their 13 duties under this section and such departments, agencies, or instrumen- 14 talities of the state shall cooperate with the office with respect to 15 such information and shall furnish all information requested by the 16 office to the extent permitted by law. 17 § 3. This act shall take effect immediately. 18 PART WW 19 Section 1. This Part enacts into law components of legislation relat- 20 ing to toll enforcement. Each component is wholly contained within a 21 Subpart identified as Subparts A through B. The effective date for each 22 particular provision contained within such Subpart is set forth in the 23 last section of such Subpart. Any provision in any section contained 24 within a Subpart, including the effective date of the Subpart, which 25 makes reference to a section "of this act", when used in connection with 26 that particular component, shall be deemed to mean and refer to the 27 corresponding section of the Subpart in which it is found. Section 28 three of this Part sets forth the general effective date of this Part. 29 SUBPART A 30 Section 1. Subparagraphs (i) and (ii) of paragraph (b) of subdivision 31 1 of section 402 of the vehicle and traffic law, as amended by chapter 32 451 of the laws of 2021, are amended and a new subparagraph (ii-a) is 33 added to read as follows: 34 (i) Number plates shall be kept clean and in a condition so as to be 35 easily readable [and shall not be covered by glass or any plastic mate-36rial]. 37 (ii) Number plates shall not be knowingly covered or coated with any 38 [artificial or synthetic] material or substance that conceals or 39 obscures such number plates or that distorts a recorded or photographic 40 image of such number plates. 41 (ii-a) Number plates shall not be covered by glass or any plastic 42 material, nor shall they be covered with a material appearing to be a 43 number plate for display as proof of lawful registration but which has 44 not been lawfully issued by the commissioner, the commissioner's agent, 45 or the equivalent official or agents from another state, territory, 46 district, province, nation or other jurisdiction. 47 § 2. Subdivision 7 of section 402 of the vehicle and traffic law, as 48 added by chapter 648 of the laws of 2006, is amended to read as follows: 49 7. It shall be unlawful for any person, firm, partnership, associ- 50 ation, limited liability company or corporation to sell, offer for sale 51 or distribute any:S. 8306--C 156 A. 8806--C 1 (a) artificial or synthetic material or substance for the purpose of 2 application to a number plate that will, upon application to a number 3 plate, distort a recorded or photographic image of such number plate; or 4 (b) plate cover, material or device for the purpose of installation 5 on, near or around a number plate that will, upon installation on, near 6 or around a number plate, obstruct or obscure all or any part of the 7 distinguishing number or other identification marks of such number 8 plate; or 9 (c) a material appearing to be a number plate for display as proof of 10 lawful registration but which has not been lawfully issued by the 11 commissioner, the commissioner's agent, or the equivalent official or 12 agents from another state, territory, district, province, nation or 13 other jurisdiction. 14 § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as 15 amended by chapter 451 of the laws of 2021, is amended to read as 16 follows: 17 8. A violation of this section shall be punishable by a fine of not 18 less than twenty-five nor more than two hundred dollars, except that [a] 19 : 20 (a) A violation of subparagraph (ii), subparagraph (ii-a) or subpara- 21 graph (iii) of paragraph (b) of subdivision one of this section shall be 22 punishable by a fine of not less than [fifty] one hundred nor more than 23 [three] five hundred dollars. 24 (b) A person convicted of a violation of subparagraph (ii-a) of para- 25 graph (b) of subdivision one of this section shall surrender the glass 26 or plastic covering or material appearing to be a number plate, as 27 applicable, to the court or administrative tribunal for delivery to the 28 commissioner. 29 (c) Upon conviction of a violation of subparagraph (ii) of paragraph 30 (b) of subdivision one of this section, the court or administrative 31 tribunal having jurisdiction may, in addition to any penalty that may be 32 imposed for such violation, order the removal of any material or 33 substance that conceals or obscures such number plates or the replace- 34 ment of such number plates. 35 § 4. The vehicle and traffic law is amended by adding a new section 36 402-b to read as follows: 37 § 402-b. Obscured and obstructed license plates. 1. If any vehicle is 38 driven or operated on a public highway in violation of subparagraph 39 (ii), (ii-a), or (iii) of paragraph (b) of subdivision one of section 40 four hundred two of this article and is committed in their presence, a 41 police officer, as defined in section one hundred thirty-two of this 42 chapter, shall be authorized to take such actions as may be required or 43 permitted by the provisions of this section. 44 2. If the vehicle is being driven or operated in violation of subpara- 45 graph (ii), (ii-a) or (iii) of paragraph (b) of subdivision one of 46 section four hundred two of this article, such officer shall issue a 47 summons, provided, however, that a summons shall not be issued if, in 48 the discretion and at the request of such officer, the defect is 49 corrected in the presence of such officer. The refusal of a police offi- 50 cer to permit the repair of any defect in their presence shall not be 51 reviewable, and shall not be a defense to any violation charged in a 52 summons issued pursuant to the provisions of this section. 53 3. Any complaint issued for any violation of subparagraph (ii), (ii-a) 54 or (iii) of paragraph (b) of subdivision one of section four hundred two 55 of this article may be dismissed by the court before which the summons 56 is returnable if the violation as set forth in the summons is correctedS. 8306--C 157 A. 8806--C 1 not later than one-half hour after sunset on the first full business day 2 after the issuance of the summons and proof of such correction is 3 submitted to the court or administrative tribunal. For the purposes of 4 this subdivision, "business day" shall mean any calendar day except 5 Saturday and Sunday, or the following business holidays: New Year's Day, 6 Washington's Birthday, Memorial Day, Independence Day, Labor Day, Colum- 7 bus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. 8 § 5. Section 510 of the vehicle and traffic law is amended by adding a 9 new subdivision 4-h to read as follows: 10 4-h. Suspension of registration for covering license plates with a 11 license plate cover or material appearing to be a number plate or 12 obscuring license plates with any material or substance. (a) Upon 13 receipt of a notification from a court or an administrative tribunal 14 that an owner of a motor vehicle has been convicted three or more times 15 within a period of five years of a violation of subparagraph (ii), 16 (ii-a) or (iii) of paragraph (b) of subdivision one of section four 17 hundred two of this chapter not arising out of the same incident, the 18 commissioner or the commissioner's agent may suspend the registration of 19 the motor vehicle involved in such violation for a period of ninety 20 days. The commissioner may, in the commissioner's discretion, deny a 21 registration or renewal application to any other person for the same 22 vehicle and may deny a registration or renewal application for any other 23 motor vehicle registered in the name of the applicant where the commis- 24 sioner has determined that such registrant's intent has been to evade 25 the purposes of this paragraph and where the commissioner has reasonable 26 grounds to believe that such registration or renewal will have the 27 effect of defeating the purposes of this paragraph. Such denial shall 28 remain in effect only as long as the suspension entered pursuant to this 29 paragraph remains in effect. 30 (b) Upon receipt of notification from a court or an administrative 31 tribunal that an owner of a motor vehicle has failed to comply with 32 paragraph (b) or (c) of subdivision eight of section four hundred two of 33 this chapter, the commissioner or the commissioner's agent may suspend 34 the registration of the motor vehicle involved in such violation and 35 such suspension shall remain in effect until such time as the commis- 36 sioner is advised that such owner has complied with such paragraphs, as 37 applicable. The commissioner may, in the commissioner's discretion, deny 38 a registration or renewal application to any other person for the same 39 vehicle and may deny a registration or renewal application for any other 40 motor vehicle registered in the name of the applicant where the commis- 41 sioner has determined that such registrant's intent has been to evade 42 the purposes of this paragraph and where the commissioner has reasonable 43 grounds to believe that such registration or renewal will have the 44 effect of defeating the purposes of this paragraph. Such denial shall 45 remain in effect only as long as the suspension entered pursuant to this 46 paragraph remains in effect. 47 § 6. Subdivision 8 of section 2985 of the public authorities law, as 48 added by chapter 379 of the laws of 1992, is amended to read as follows: 49 8. (a) Adjudication of the liability imposed upon owners by this 50 section shall be by the entity having jurisdiction over violations of 51 the rules and regulations of the public authority serving the notice of 52 liability or where authorized by an administrative tribunal and all 53 violations shall be heard and determined in the county in which the 54 violation is alleged to have occurred, or in New York city and upon the 55 consent of both parties, in any county within New York city in which the 56 public authority operates or maintains a facility, and in the sameS. 8306--C 158 A. 8806--C 1 manner as charges of other regulatory violations of such public authori- 2 ty or pursuant to the rules and regulations of such administrative 3 tribunal as the case may be. 4 (b) Upon exhaustion of remedies pursuant to this section or section 5 twenty-nine hundred eighty-five-a of this title, as applicable, the New 6 York state bridge authority, thruway authority, triborough bridge and 7 tunnel authority, metropolitan transportation authority, and port 8 authority of New York and New Jersey, a bi-state agency created by 9 compact set forth in chapter one hundred fifty-four of the laws of nine- 10 teen hundred twenty-one, shall have the power to enter judgments for 11 unpaid liabilities, provided that such unpaid liabilities include the 12 failure to pay tolls, fees, or other charges or the failure to have such 13 tolls, fees or other charges dismissed or transferred in response to 14 three or more notices of violation issued within a five year period 15 charging the registrant of a motor vehicle with a violation of toll 16 collection regulations, and to enforce such judgments, without court 17 proceedings, in the same manner as the enforcement of money judgments in 18 civil actions in any court of competent jurisdiction or any other place 19 provided for the entry of civil judgment within the state of New York, 20 after a period of notice pursuant to paragraph (c) of this subdivision. 21 The applicable tolling authority shall not enforce such judgments until 22 thirty days have elapsed from issuing a notice pursuant to paragraph (c) 23 of this subdivision. 24 (c) Prior to entering judgments for unpaid liabilities pursuant to 25 paragraph (b) of this subdivision, the applicable tolling authority 26 shall notify the person subject to such judgment, by first class mail, 27 that such person is at risk of entry of a judgment against them if they 28 fail to pay such unpaid liabilities. The form and content of such notice 29 shall be prescribed by the applicable tolling authority, and shall 30 contain a warning to advise the person that failure to pay the applica- 31 ble unpaid liabilities within a period of not less than thirty days of 32 such notice will result in the enforcement of a judgment against them, 33 and shall further contain information about the process to dispute such 34 liabilities, consistent with this section or section twenty-nine hundred 35 eighty-five-a of this title, as applicable. 36 § 7. This act shall take effect September 1, 2024; provided, however, 37 that the provisions of sections one, two, three, four and five of this 38 act shall apply to violations committed on and after such date. Effec- 39 tive immediately, the addition, amendment and/or repeal of any rule or 40 regulation necessary for the implementation of this act on its effective 41 date are authorized to be made on or before such date. 42 SUBPART B 43 Section 1. This act shall be known and may be cited as the "toll by 44 mail enhancement act". 45 § 2. The public authorities law is amended by adding a new section 46 2985-a to read as follows: 47 § 2985-a. Payment of tolls under the tolls by mail program. 1. This 48 section shall not apply to the payment of tolls by means of an electron- 49 ic toll device that transmits information through an electronic toll 50 collection system as defined in subdivision twelve of section twenty- 51 nine hundred eighty-five of this title. 52 2. For purposes of this section, the following terms shall have the 53 following meanings:S. 8306--C 159 A. 8806--C 1 (a) "Cashless tolling facility" shall mean a toll roadway, bridge or 2 tunnel facility that does not provide for the immediate on-site payment 3 in cash of a toll owed for the use of such facility. 4 (b) "Owner" shall mean any person, corporation, partnership, firm, 5 agency, association, lessor or organization who, at the time of incur- 6 ring an obligation to pay a toll at a cashless tolling facility, and 7 with respect to the vehicle identified in the toll bill or notice of 8 violation: (i) is the beneficial or equitable owner of such vehicle; or 9 (ii) has title to such vehicle; or (iii) is the registrant or co-regis- 10 trant of such vehicle which is registered with the department of motor 11 vehicles of this state or any other state, territory, district, prov- 12 ince, nation or other jurisdiction; or (iv) subject to the limitations 13 set forth in subdivision ten of section twenty-nine hundred eighty-five 14 of this title, uses such vehicle in its vehicle renting and/or leasing 15 business; or (v) is a person entitled to the use and possession of a 16 vehicle subject to a security interest in another person. 17 (c) "Toll bill" shall mean a notice sent to an owner notifying such 18 owner that the owner's vehicle has been used or operated in or upon a 19 cashless tolling facility and the owner has incurred an obligation to 20 pay a toll. 21 (d) "Notice of violation" shall mean a notice sent to an owner notify- 22 ing such owner that a toll incurred at a cashless tolling facility by 23 the owner has not been paid at the place and time and in the manner 24 established for collection of such toll in the toll bill and that an 25 administrative violation fee is being imposed for each such unpaid toll. 26 (e) "Billing cycle" shall mean a period not to exceed thirty calendar 27 days once tolls have posted for purposes of consolidated toll billing. 28 (f) "Initial billing cycle" shall mean a period not to exceed fifteen 29 business days after identifying the owner or other party responsible for 30 paying the toll for the purpose of consolidated toll billing for an 31 obligation to pay a toll bill for the first time at a cashless tolling 32 facility in a six-month period. 33 (g) "Tolls by mail program" shall mean any program operated by or on 34 behalf of a public authority to send a toll bill to an owner whose vehi- 35 cle crosses a cashless tolling facility without a valid electronic 36 device that successfully transmits information through an electronic 37 toll collection system as defined in subdivision twelve of section twen- 38 ty-nine hundred eighty-five of this title. 39 (h) "Declaration of dispute" shall mean a submission by an owner 40 disputing all or any portion of a toll, fee, penalty, or other obli- 41 gation incurred by an owner whose vehicle crosses a cashless tolling 42 facility, in such form as the public authority shall provide in regu- 43 lations and through display on the authority's website. 44 3. In the case of an owner who incurs an obligation to pay a toll for 45 the first time in six months under the tolls by mail program at a cash- 46 less tolling facility, a toll bill shall be sent within ten business 47 days after the end of the initial billing cycle and of each subsequent 48 billing cycle. In the case of all other owners incurring an obligation 49 to pay a toll at a cashless tolling facility, a toll bill shall be sent 50 at the end of the next billing cycle. Toll bills shall be sent to the 51 owner by first class mail, and may additionally be sent by electronic 52 means of communication upon the affirmative consent of the owner, by or 53 on behalf of the public authority which operates such cashless tolling 54 facility. The owner shall have thirty days from the date of the toll 55 bill to pay the incurred toll. The toll bill shall include: (i) the 56 total amount of the incurred tolls due, (ii) the date by which paymentS. 8306--C 160 A. 8806--C 1 of the incurred tolls is due, (iii) any administrative fees, (iv) the 2 address for receipt of payment and methods of payment for the toll, (v) 3 the procedure for contesting any toll and the contact information for 4 the relevant toll payer advocate office and customer service center, 5 (vi) information related to the failure to timely pay or respond to the 6 notice of liability, in addition to the possibility that a judgment can 7 be entered for repeat unpaid liabilities that could lead to a vehicle 8 being towed or immobilized, (vii) a website address or hyperlink for the 9 owner to access time-stamped photographs or footage of each toll 10 incurred by electronic means, (viii) information related to the avail- 11 ability of the toll payer advocate to discuss payment options, and (ix) 12 other information required by law or by the public authority. Each toll 13 bill shall identify the date, time, location, license plate number, and 14 jurisdiction of the license plate for each toll that has been incurred. 15 Each toll bill shall include an image of the license plate of the vehi- 16 cle being used or operated on the toll facility. If the owner fails to 17 pay the initial toll bill, a second toll bill shall be sent in the next 18 billing cycle, which shall also indicate the overdue toll or tolls and 19 any administrative or late fees due. 20 4. In the case of an owner who does not pay a toll incurred under the 21 tolls by mail program on a cashless facility at the place and time and 22 in the manner established for collection of such toll in the second toll 23 bill, a notice of violation shall be sent notifying the owner that the 24 toll is unpaid and administrative violation fees are being imposed. The 25 notice of violation shall be sent to the owner by first class mail, and 26 may additionally be sent by electronic means of communication upon the 27 affirmative consent of the owner, by or on behalf of the public authori- 28 ty which operates such cashless tolling facility. The notice of 29 violation shall include: (i) the total amount of unpaid tolls and admin- 30 istrative violation fees due, (ii) the date by which payment of the 31 tolls and administrative violation fees is due, (iii) the address for 32 receipt of payment and methods of payment for the toll, (iv) the proce- 33 dure for contesting any toll and the contact information for the rele- 34 vant toll payer advocate office and customer service center, (v) infor- 35 mation related to the failure to timely pay or respond to the notice of 36 liability, in addition to the possibility that a judgment can be entered 37 for repeat unpaid liabilities that could lead to a vehicle being towed 38 or immobilized, (vi) a website address or hyperlink for the owner to 39 access time-stamped photographs or footage of each toll incurred by 40 electronic means, (vii) information related to the availability of the 41 toll payer advocate to discuss payment options, and (viii) other infor- 42 mation required by law or by the public authority. Each notice of 43 violation shall identify the date, time, location, license plate number, 44 and jurisdiction of the license plate for each unpaid toll that has been 45 incurred. 46 5. Any fee or administrative violation fee that is assessed on a 47 notice of violation pursuant to subdivision four of this section shall 48 be dismissed if the notice of violation was not sent within ninety days 49 of the second toll bill, provided that any toll or tolls incurred remain 50 due and payable and provided further that such dismissal shall not apply 51 in the event that exceptional circumstances, including but not limited 52 to technological failures, have delayed the timely mailing of the notice 53 of violation and the public authority has posted notice of such circum- 54 stances prominently on its website within a reasonable time of becoming 55 aware of such circumstances, which shall be adequate record of such 56 circumstances.S. 8306--C 161 A. 8806--C 1 6. Any toll bill or notice of violation required to be sent pursuant 2 to this section by first class mail may also be sent, with consent of 3 the owner, by electronic means of communication by or on behalf of the 4 public authority. It shall be the sole responsibility of the owner to 5 provide and update the address used for electronic means of communi- 6 cation to the owner by the public authority. A manual or automatic 7 record of electronic communications prepared in the ordinary course of 8 business shall be adequate record of electronic notice. 9 7. Any owner who incurs an obligation to pay a toll under the tolls by 10 mail program at a public authority's cashless tolling facility shall 11 have an option to receive alerts by electronic means of communication 12 that a toll has been incurred. Such alerts shall be provided to the 13 owner who has elected to receive such alerts no more than seventy-two 14 hours after the owner is identified. Each public authority shall create 15 an online registration for an electronic means of communication alert 16 that a toll has been incurred under the tolls by mail program at a cash- 17 less tolling facility. In the event an owner chooses to receive an elec- 18 tronic means of communication alert of a toll incurred, it shall be the 19 owner's sole responsibility to provide and update any mobile numbers, 20 electronic mail addresses, or any other addresses used for electronic 21 means of communication to which alerts are sent. A manual or automatic 22 record of electronic communications prepared in the ordinary course of 23 business shall be adequate record of electronic notice. 24 8. If an owner receives a notice of violation pursuant to this section 25 for any time period during which the vehicle was reported to the police 26 department as having been stolen, it shall be a valid defense to an 27 allegation of liability for a violation of toll collection regulations 28 that the vehicle had been reported to the police as stolen prior to the 29 time the violation occurred and had not been recovered by such time. If 30 an owner receives a notice of violation pursuant to this section for any 31 time period during which the vehicle was stolen, but not as yet reported 32 to the police as having been stolen, it shall be a valid defense to an 33 allegation of liability for a violation of toll collection regulations 34 pursuant to this section that the vehicle was reported as stolen within 35 two hours after the discovery of the theft by the owner. For purposes of 36 asserting the defense provided by this subdivision it shall be suffi- 37 cient that a certified copy of the police report on the stolen vehicle 38 be sent by first class mail to the court or other entity having juris- 39 diction. 40 9. An owner who is a lessor of a vehicle to which a notice of 41 violation was issued pursuant to subdivision four of this section shall 42 not be liable for the violation of the toll collection regulations 43 provided the owner sends to the public authority serving the notice of 44 violation and to the court or other entity having jurisdiction a copy of 45 the rental, lease or other such contract document covering such vehicle 46 on the date of the violation, with the name and address of the lessee 47 clearly legible, within thirty days after receiving the original notice 48 of violation. Failure to send such information within such thirty-day 49 time period shall render the lessor liable for the penalty prescribed by 50 this section. Where the lessor complies with the provisions of this 51 subdivision, the lessee of such vehicle on the date of such violation 52 shall be deemed to be the owner of such vehicle for purposes of this 53 section and shall be subject to liability for the violation of the toll 54 collection regulations, provided that the public authority mails a 55 notice of violation to the lessee within ten business days after the 56 public authority deems the lessee to be the owner. For purposes of thisS. 8306--C 162 A. 8806--C 1 subdivision the term "lessor" shall mean any person, corporation, firm, 2 partnership, agency, association or organization engaged in the business 3 of renting or leasing vehicles to any lessee under a rental agreement, 4 lease or otherwise wherein the said lessee has the exclusive use of said 5 vehicle for any period of time. For purposes of this subdivision, the 6 term "lessee" shall mean any person, corporation, firm, partnership, 7 agency, association or organization that rents, leases or contracts for 8 the use of one or more vehicles and has exclusive use thereof for any 9 period of time. 10 10. Except as provided in subdivision nine of this section, if a 11 person receives a notice of violation pursuant to this section it shall 12 be a valid defense to an allegation of liability for a violation of toll 13 collection regulations that the individual who received the notice of 14 violation pursuant to this section was not the owner of the vehicle at 15 the time the violation occurred. If the owner liable for a violation of 16 toll collection regulations pursuant to this section was not the opera- 17 tor of the vehicle at the time of the violation, the owner may maintain 18 an action for indemnification against the operator. 19 11. Any public authority that operates a cashless tolling facility 20 shall: (i) maintain a website and toll-free phone number for any person 21 to receive updated information on any tolls or fees which are outstand- 22 ing; and (ii) establish procedures for owners to dispute any tolls and 23 violation fees incurred in connection with toll bills, including a 24 requirement that written determinations in such disputes shall be issued 25 within forty-five days of receipt of the owner's declaration of dispute. 26 Such information shall be prominently displayed on such public authori- 27 ty's toll bills, notices of violation and website. 28 12. Every public authority that operates a cashless tolling facility 29 shall develop policies and procedures for the establishment on a case- 30 by-case basis of a written payment plan agreement for an owner's unpaid 31 tolls and administrative violation fees incurred at a cashless tolling 32 facility, subject to the availability of sufficient resources for the 33 public authority to administer such payment plans. Information related 34 to payment plans shall be made available upon the owner's request to the 35 public authority's customer service center. The public authority shall 36 not charge any additional amount or fee for enrollment in a payment plan 37 agreement. Owners shall fully comply with all payment plan agreement 38 terms and conditions and shall be subject to payment plan agreement 39 default provisions. 40 13. Every public authority that operates a cashless tolling facility 41 shall establish an office of such authority's toll payer advocate, 42 designed to further assist owners who remain unsatisfied after first 43 attempting resolution in writing of their concern with, and receiving 44 written determination from, such authority's customer service center. 45 The office of the toll payer advocate shall also endeavor to identify 46 any systemic issues and recommend reasonable improvements regarding the 47 use of and process involved with the payment of tolls under the tolls by 48 mail program at cashless tolling facilities to the public authority. 49 14. A public authority that operates a cashless tolling facility, 50 including the officers, employees, contractors and agents of such public 51 authority, shall not report to a consumer reporting agency, as defined 52 in 15 U.S.C. § 1681a, any toll, fee, penalty or other obligation 53 incurred by an owner related to use of a cashless tolling facility. 54 15. Nothing in this section shall prohibit a public authority from 55 collecting any toll or fee in the event that an owner does not properly 56 register a vehicle pursuant to the laws, rules and regulations of thisS. 8306--C 163 A. 8806--C 1 state, or any other state, territory, district, province, nation or 2 other jurisdiction. 3 16. Nothing in this section shall require a public authority to 4 perform any action or forbear from performing any action that would in 5 the public authority's sole discretion impair any covenant with the 6 holders of any of the public authority's bonds, notes or other obli- 7 gations. 8 § 3. No later than 90 days after the effective date of this act, every 9 public authority that operates a cashless tolling facility shall under- 10 take a public awareness campaign to educate motorists regarding the 11 tolls by mail program, of their right to access the office of the rele- 12 vant toll payer advocate and information related to the ability of that 13 office to discuss payment options, of the importance of updating their 14 license and vehicle registration information with the department of 15 motor vehicles, the potential consequences for failure to pay tolls or 16 respond to toll bills, of the benefits of becoming an E-ZPass customer 17 and opportunities available to monitor tolls by mail balances, and 18 potential options for unbanked individuals and individuals who do not 19 have a credit card to obtain an E-ZPass. The outreach campaign may 20 include, among other materials, print, electronic and mobile cellular 21 technology resources, and may be made publicly available via public 22 authority-sponsored communication methods. 23 § 4. This act shall take effect September 1, 2024. Effective imme- 24 diately, the addition, amendment and/or repeal of any rule or regulation 25 necessary for the implementation of this act on its effective date are 26 authorized to be made on or before such date. With respect to the Port 27 Authority of New York and New Jersey, this act shall take effect upon 28 the enactment into law by the state of New Jersey of legislation having 29 an identical effect with this act upon the Port Authority of New York 30 and New Jersey; but if the state of New Jersey shall have already 31 enacted such legislation, this act shall take effect immediately; 32 provided, that the chair of the port authority shall notify the legisla- 33 tive bill drafting commission upon the occurrence of the enactment of 34 the legislation provided for in section two of this act in order that 35 the commission may maintain an accurate and timely effective data base 36 of the official text of the laws of the state of New York in furtherance 37 of effectuating the provisions of section 44 of the legislative law and 38 section 70-b of the public officers law. 39 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 40 sion, section, or subpart of this part shall be adjudged by any court of 41 competent jurisdiction to be invalid, such judgment shall not affect, 42 impair, or invalidate the remainder of that subpart or this part, but 43 shall be confined in its operation to the clause, sentence, paragraph, 44 subdivision, section, or subpart directly involved in the controversy in 45 which such judgment shall have been rendered. It is hereby declared to 46 be the intent of the legislature that this part and each subpart herein 47 would have been enacted even if such invalid provisions had not been 48 included herein. 49 § 3. This act shall take effect immediately; provided, however, that 50 the applicable effective dates of Subparts A through B of this act shall 51 be as specifically set forth in the last section of such Subparts. 52 PART XX 53 Section 1. The state comptroller is hereby authorized and directed to 54 loan money in accordance with the provisions set forth in subdivision 5S. 8306--C 164 A. 8806--C 1 of section 4 of the state finance law to the following funds and/or 2 accounts: 3 1. DOL-Child performer protection account (20401). 4 2. Local government records management account (20501). 5 3. Child health plus program account (20810). 6 4. EPIC premium account (20818). 7 5. Education - New (20901). 8 6. VLT - Sound basic education fund (20904). 9 7. Sewage treatment program management and administration fund 10 (21000). 11 8. Hazardous bulk storage account (21061). 12 9. Utility environmental regulatory account (21064). 13 10. Federal grants indirect cost recovery account (21065). 14 11. Low level radioactive waste account (21066). 15 12. Recreation account (21067). 16 13. Public safety recovery account (21077). 17 14. Environmental regulatory account (21081). 18 15. Natural resource account (21082). 19 16. Mined land reclamation program account (21084). 20 17. Great lakes restoration initiative account (21087). 21 18. Environmental protection and oil spill compensation fund (21200). 22 19. Public transportation systems account (21401). 23 20. Metropolitan mass transportation (21402). 24 21. Operating permit program account (21451). 25 22. Mobile source account (21452). 26 23. Statewide planning and research cooperative system account 27 (21902). 28 24. New York state thruway authority account (21905). 29 25. Financial control board account (21911). 30 26. Regulation of racing account (21912). 31 27. State university dormitory income reimbursable account (21937). 32 28. Criminal justice improvement account (21945). 33 29. Environmental laboratory reference fee account (21959). 34 30. Training, management and evaluation account (21961). 35 31. Clinical laboratory reference system assessment account (21962). 36 32. Indirect cost recovery account (21978). 37 33. Multi-agency training account (21989). 38 34. Bell jar collection account (22003). 39 35. Industry and utility service account (22004). 40 36. Real property disposition account (22006). 41 37. Parking account (22007). 42 38. Courts special grants (22008). 43 39. Asbestos safety training program account (22009). 44 40. Batavia school for the blind account (22032). 45 41. Investment services account (22034). 46 42. Surplus property account (22036). 47 43. Financial oversight account (22039). 48 44. Regulation of Indian gaming account (22046). 49 45. Rome school for the deaf account (22053). 50 46. Seized assets account (22054). 51 47. Administrative adjudication account (22055). 52 48. New York City assessment account (22062). 53 49. Cultural education account (22063). 54 50. Local services account (22078). 55 51. DHCR mortgage servicing account (22085). 56 52. Housing indirect cost recovery account (22090).S. 8306--C 165 A. 8806--C 1 53. Voting Machine Examinations account (22099). 2 54. DHCR-HCA application fee account (22100). 3 55. Low income housing monitoring account (22130). 4 56. Restitution account (22134). 5 57. Corporation administration account (22135). 6 58. New York State Home for Veterans in the Lower-Hudson Valley 7 account (22144). 8 59. Deferred compensation administration account (22151). 9 60. Rent revenue other New York City account (22156). 10 61. Rent revenue account (22158). 11 62. Transportation aviation account (22165). 12 63. Tax revenue arrearage account (22168). 13 64. New York State Campaign Finance Fund account (22211). 14 65. New York state medical indemnity fund account (22240). 15 66. Behavioral health parity compliance fund (22246). 16 67. Pharmacy benefit manager regulatory fund (22255). 17 68. State university general income offset account (22654). 18 69. Lake George park trust fund account (22751). 19 70. Highway safety program account (23001). 20 71. DOH drinking water program account (23102). 21 72. NYCCC operating offset account (23151). 22 73. Commercial gaming revenue account (23701). 23 74. Commercial gaming regulation account (23702). 24 75. Highway use tax administration account (23801). 25 76. New York state secure choice administrative account (23806). 26 77. New York state cannabis revenue fund (24800). 27 78. Fantasy sports administration account (24951). 28 79. Mobile sports wagering fund (24955). 29 80. Highway and bridge capital account (30051). 30 81. State university residence hall rehabilitation fund (30100). 31 82. State parks infrastructure account (30351). 32 83. Clean water/clean air implementation fund (30500). 33 84. Hazardous waste remedial cleanup account (31506). 34 85. Youth facilities improvement account (31701). 35 86. Housing assistance fund (31800). 36 87. Housing program fund (31850). 37 88. Highway facility purpose account (31951). 38 89. New York racing account (32213). 39 90. Capital miscellaneous gifts account (32214). 40 91. Information technology capital financing account (32215). 41 92. New York environmental protection and spill remediation account 42 (32219). 43 93. Mental hygiene facilities capital improvement fund (32300). 44 94. Correctional facilities capital improvement fund (32350). 45 95. New York State Storm Recovery Capital Fund (33000). 46 96. OGS convention center account (50318). 47 97. Empire Plaza Gift Shop (50327). 48 98. Unemployment Insurance Benefit Fund, Interest Assessment Account 49 (50651). 50 99. Centralized services fund (55000). 51 100. Archives records management account (55052). 52 101. Federal single audit account (55053). 53 102. Civil service administration account (55055). 54 103. Civil service EHS occupational health program account (55056). 55 104. Banking services account (55057). 56 105. Cultural resources survey account (55058).S. 8306--C 166 A. 8806--C 1 106. Neighborhood work project account (55059). 2 107. Automation & printing chargeback account (55060). 3 108. OFT NYT account (55061). 4 109. Data center account (55062). 5 110. Intrusion detection account (55066). 6 111. Domestic violence grant account (55067). 7 112. Centralized technology services account (55069). 8 113. Labor contact center account (55071). 9 114. Human services contact center account (55072). 10 115. Tax contact center account (55073). 11 116. Department of law civil recoveries account (55074). 12 117. Executive direction internal audit account (55251). 13 118. CIO Information technology centralized services account (55252). 14 119. Health insurance internal service account (55300). 15 120. Civil service employee benefits division administrative account 16 (55301). 17 121. Correctional industries revolving fund (55350). 18 122. Employees health insurance account (60201). 19 123. Medicaid management information system escrow fund (60900). 20 124. Virtual currency assessments account. 21 125. Animal shelter regulation account. 22 126. Department of financial services IT modernization capital 23 account. 24 § 2. The state comptroller is hereby authorized and directed to loan 25 money in accordance with the provisions set forth in subdivision 5 of 26 section 4 of the state finance law to any account within the following 27 federal funds, provided the comptroller has made a determination that 28 sufficient federal grant award authority is available to reimburse such 29 loans: 30 1. Federal USDA-food and nutrition services fund (25000). 31 2. Federal health and human services fund (25100). 32 3. Federal education fund (25200). 33 4. Federal block grant fund (25250). 34 5. Federal miscellaneous operating grants fund (25300). 35 6. Federal unemployment insurance administration fund (25900). 36 7. Federal unemployment insurance occupational training fund (25950). 37 8. Federal emergency employment act fund (26000). 38 9. Federal capital projects fund (31350). 39 § 3. Notwithstanding any law to the contrary, and in accordance with 40 section 4 of the state finance law, the comptroller is hereby authorized 41 and directed to transfer, upon request of the director of the budget, on 42 or before March 31, 2025, up to the unencumbered balance or the follow- 43 ing amounts: 44 Economic Development and Public Authorities: 45 1. $2,175,000 from the miscellaneous special revenue fund, underground 46 facilities safety training account (22172), to the general fund. 47 2. An amount up to the unencumbered balance from the miscellaneous 48 special revenue fund, business and licensing services account (21977), 49 to the general fund. 50 3. $19,810,000 from the miscellaneous special revenue fund, code 51 enforcement account (21904), to the general fund. 52 4. $3,000,000 from the general fund to the miscellaneous special 53 revenue fund, tax revenue arrearage account (22168). 54 Education: 55 1. $2,807,000,000 from the general fund to the state lottery fund, 56 education account (20901), as reimbursement for disbursements made fromS. 8306--C 167 A. 8806--C 1 such fund for supplemental aid to education pursuant to section 92-c of 2 the state finance law that are in excess of the amounts deposited in 3 such fund for such purposes pursuant to section 1612 of the tax law. 4 2. $1,096,000,000 from the general fund to the state lottery fund, VLT 5 education account (20904), as reimbursement for disbursements made from 6 such fund for supplemental aid to education pursuant to section 92-c of 7 the state finance law that are in excess of the amounts deposited in 8 such fund for such purposes pursuant to section 1612 of the tax law. 9 3. $121,900,000 from the general fund to the New York state commercial 10 gaming fund, commercial gaming revenue account (23701), as reimbursement 11 for disbursements made from such fund for supplemental aid to education 12 pursuant to section 97-nnnn of the state finance law that are in excess 13 of the amounts deposited in such fund for purposes pursuant to section 14 1352 of the racing, pari-mutuel wagering and breeding law. 15 4. $1,039,800,000 from the general fund to the mobile sports wagering 16 fund, education account (24955), as reimbursement for disbursements made 17 from such fund for supplemental aid to education pursuant to section 18 92-c of the state finance law that are in excess of the amounts deposit- 19 ed in such fund for such purposes pursuant to section 1367 of the 20 racing, pari-mutuel wagering and breeding law. 21 5. $46,000,000 from the interactive fantasy sports fund, fantasy 22 sports education account (24950), to the state lottery fund, education 23 account (20901), as reimbursement for disbursements made from such fund 24 for supplemental aid to education pursuant to section 92-c of the state 25 finance law. 26 6. An amount up to the unencumbered balance in the fund on March 31, 27 2025 from the charitable gifts trust fund, elementary and secondary 28 education account (24901), to the general fund, for payment of general 29 support for public schools pursuant to section 3609-a of the education 30 law. 31 7. Moneys from the state lottery fund (20900) up to an amount deposit- 32 ed in such fund pursuant to section 1612 of the tax law in excess of the 33 current year appropriation for supplemental aid to education pursuant to 34 section 92-c of the state finance law. 35 8. $300,000 from the New York state local government records manage- 36 ment improvement fund, local government records management account 37 (20501), to the New York state archives partnership trust fund, archives 38 partnership trust maintenance account (20351). 39 9. $900,000 from the general fund to the miscellaneous special revenue 40 fund, Batavia school for the blind account (22032). 41 10. $900,000 from the general fund to the miscellaneous special reven- 42 ue fund, Rome school for the deaf account (22053). 43 11. $343,400,000 from the state university dormitory income fund 44 (40350) to the miscellaneous special revenue fund, state university 45 dormitory income reimbursable account (21937). 46 12. Intentionally omitted. 47 13. $24,000,000 from any of the state education department's special 48 revenue and internal service funds to the miscellaneous special revenue 49 fund, indirect cost recovery account (21978). 50 14. $4,200,000 from any of the state education department's special 51 revenue or internal service funds to the capital projects fund (30000). 52 15. $30,013,000 from the general fund to the miscellaneous special 53 revenue fund, HESC-insurance premium payments account (21960). 54 Environmental Affairs: 55 1. $16,000,000 from any of the department of environmental conserva- 56 tion's special revenue federal funds, and/or federal capital funds, toS. 8306--C 168 A. 8806--C 1 the environmental conservation special revenue fund, federal indirect 2 recovery account (21065). 3 2. $5,000,000 from any of the department of environmental conserva- 4 tion's special revenue federal funds, and/or federal capital funds, to 5 the conservation fund (21150) or Marine Resources Account (21151) as 6 necessary to avoid diversion of conservation funds. 7 3. $3,000,000 from any of the office of parks, recreation and historic 8 preservation capital projects federal funds and special revenue federal 9 funds to the miscellaneous special revenue fund, federal grant indirect 10 cost recovery account (22188). 11 4. $1,000,000 from any of the office of parks, recreation and historic 12 preservation special revenue federal funds to the miscellaneous capital 13 projects fund, I love NY water account (32212). 14 5. $100,000,000 from the general fund to the environmental protection 15 fund, environmental protection fund transfer account (30451). 16 6. $10,000,000 from the general fund to the hazardous waste remedial 17 fund, hazardous waste oversight and assistance account (31506). 18 7. An amount up to or equal to the cash balance within the special 19 revenue-other waste management & cleanup account (21053) to the capital 20 projects fund (30000) for services and capital expenses related to the 21 management and cleanup program as put forth in section 27-1915 of the 22 environmental conservation law. 23 8. $1,800,000 from the miscellaneous special revenue fund, public 24 service account (22011) to the miscellaneous special revenue fund, util- 25 ity environmental regulatory account (21064). 26 9. $7,000,000 from the general fund to the enterprise fund, state fair 27 account (50051). 28 10. $10,000,000 from the waste management & cleanup account (21053) to 29 the general fund. 30 11. $3,000,000 from the waste management & cleanup account (21053) to 31 the environmental protection fund transfer account (30451). 32 12. $10,000,000 from the general fund to the miscellaneous special 33 revenue fund, patron services account (22163). 34 13. $15,000,000 from the enterprise fund, golf account (50332) to the 35 state park infrastructure fund, state park infrastructure account 36 (30351). 37 Family Assistance: 38 1. $7,000,000 from any of the office of children and family services, 39 office of temporary and disability assistance, or department of health 40 special revenue federal funds and the general fund, in accordance with 41 agreements with social services districts, to the miscellaneous special 42 revenue fund, office of human resources development state match account 43 (21967). 44 2. $4,000,000 from any of the office of children and family services 45 or office of temporary and disability assistance special revenue federal 46 funds to the miscellaneous special revenue fund, family preservation and 47 support services and family violence services account (22082). 48 3. $18,670,000 from any of the office of children and family services, 49 office of temporary and disability assistance, or department of health 50 special revenue federal funds and any other miscellaneous revenues 51 generated from the operation of office of children and family services 52 programs to the general fund. 53 4. $205,000,000 from any of the office of temporary and disability 54 assistance or department of health special revenue funds to the general 55 fund.S. 8306--C 169 A. 8806--C 1 5. $2,500,000 from any of the office of temporary and disability 2 assistance special revenue funds to the miscellaneous special revenue 3 fund, office of temporary and disability assistance program account 4 (21980). 5 6. $35,000,000 from any of the office of children and family services, 6 office of temporary and disability assistance, department of labor, and 7 department of health special revenue federal funds to the office of 8 children and family services miscellaneous special revenue fund, multi- 9 agency training contract account (21989). 10 7. $205,000,000 from the miscellaneous special revenue fund, youth 11 facility per diem account (22186), to the general fund. 12 8. $621,850 from the general fund to the combined gifts, grants, and 13 bequests fund, WB Hoyt Memorial account (20128). 14 9. $5,000,000 from the miscellaneous special revenue fund, state 15 central registry (22028), to the general fund. 16 10. $900,000 from the general fund to the Veterans' Remembrance and 17 Cemetery Maintenance and Operation account (20201). 18 11. $5,000,000 from the general fund to the housing program fund 19 (31850). 20 12. $10,000,000 from any of the office of children and family services 21 special revenue federal funds to the office of the court administration 22 special revenue other federal iv-e funds account. 23 General Government: 24 1. $9,000,000 from the general fund to the health insurance revolving 25 fund (55300). 26 2. $292,400,000 from the health insurance reserve receipts fund 27 (60550) to the general fund. 28 3. $150,000 from the general fund to the not-for-profit revolving loan 29 fund (20650). 30 4. $150,000 from the not-for-profit revolving loan fund (20650) to the 31 general fund. 32 5. $3,000,000 from the miscellaneous special revenue fund, surplus 33 property account (22036), to the general fund. 34 6. $19,000,000 from the miscellaneous special revenue fund, revenue 35 arrearage account (22024), to the general fund. 36 7. $3,326,000 from the miscellaneous special revenue fund, revenue 37 arrearage account (22024), to the miscellaneous special revenue fund, 38 authority budget office account (22138). 39 8. $1,000,000 from the miscellaneous special revenue fund, parking 40 account (22007), to the general fund, for the purpose of reimbursing the 41 costs of debt service related to state parking facilities. 42 9. $11,460,000 from the general fund to the agencies internal service 43 fund, central technology services account (55069), for the purpose of 44 enterprise technology projects. 45 10. $10,000,000 from the general fund to the agencies internal service 46 fund, state data center account (55062). 47 11. $12,000,000 from the miscellaneous special revenue fund, parking 48 account (22007), to the centralized services, building support services 49 account (55018). 50 12. $33,000,000 from the general fund to the internal service fund, 51 business services center account (55022). 52 13. $8,000,000 from the general fund to the internal service fund, 53 building support services account (55018). 54 14. $1,500,000 from the combined expendable trust fund, plaza special 55 events account (20120), to the general fund.S. 8306--C 170 A. 8806--C 1 15. $50,000,000 from the New York State cannabis revenue fund (24800) 2 to the general fund. 3 16. A transfer from the general fund to the miscellaneous special 4 revenue fund, New York State Campaign Finance Fund Account (22211), up 5 to an amount equal to total reimbursements due to qualified candidates. 6 17. $6,000,000 from the miscellaneous special revenue fund, standards 7 and purchasing account (22019), to the general fund. 8 18. $5,600,000 from the banking department special revenue fund 9 (21970) funded by the assessment to defray operating expenses authorized 10 by section 206 of the financial services law to the IT Modernization 11 Capital Fund. 12 19. $8,400,000 from the insurance department special revenue fund 13 (21994) funded by the assessment to defray operating expenses authorized 14 by section 206 of the financial services law to the IT Modernization 15 Capital Fund. 16 20. $500,000 from the pharmacy benefits bureau special revenue fund 17 (22255) funded by the assessment to defray operating expenses authorized 18 by section 206 of the financial services law, to the IT Modernization 19 Capital Fund. 20 21. $500,000 from the virtual currency special revenue fund (22262) 21 funded by the assessment to defray operating expenses authorized by 22 section 206 of the financial services law, to the IT Modernization Capi- 23 tal Fund. 24 22. $250,000 from the general fund to the miscellaneous special reven- 25 ue fund, authority budget office account (22138). 26 Health: 27 1. A transfer from the general fund to the combined gifts, grants and 28 bequests fund, breast cancer research and education account (20155), up 29 to an amount equal to the monies collected and deposited into that 30 account in the previous fiscal year. 31 2. A transfer from the general fund to the combined gifts, grants and 32 bequests fund, prostate cancer research, detection, and education 33 account (20183), up to an amount equal to the moneys collected and 34 deposited into that account in the previous fiscal year. 35 3. A transfer from the general fund to the combined gifts, grants and 36 bequests fund, Alzheimer's disease research and assistance account 37 (20143), up to an amount equal to the moneys collected and deposited 38 into that account in the previous fiscal year. 39 4. $3,600,000 from the miscellaneous special revenue fund, certificate 40 of need account (21920), to the miscellaneous capital projects fund, 41 healthcare IT capital subfund (32216). 42 5. $4,000,000 from the miscellaneous special revenue fund, vital 43 health records account (22103), to the miscellaneous capital projects 44 fund, healthcare IT capital subfund (32216). 45 6. $6,000,000 from the miscellaneous special revenue fund, profes- 46 sional medical conduct account (22088), to the miscellaneous capital 47 projects fund, healthcare IT capital subfund (32216). 48 7. $131,000,000 from the HCRA resources fund (20800) to the capital 49 projects fund (30000). 50 8. $6,550,000 from the general fund to the medical cannabis trust 51 fund, health operation and oversight account (23755). 52 9. An amount up to the unencumbered balance from the charitable gifts 53 trust fund, health charitable account (24900), to the general fund, for 54 payment of general support for primary, preventive, and inpatient health 55 care, dental and vision care, hunger prevention and nutritional assist- 56 ance, and other services for New York state residents with the overallS. 8306--C 171 A. 8806--C 1 goal of ensuring that New York state residents have access to quality 2 health care and other related services. 3 10. $500,000 from the miscellaneous special revenue fund, New York 4 State cannabis revenue fund (24800), to the miscellaneous special reven- 5 ue fund, environmental laboratory fee account (21959). 6 11. An amount up to the unencumbered balance from the public health 7 emergency charitable gifts trust fund (23816), to the general fund, for 8 payment of goods and services necessary to respond to a public health 9 disaster emergency or to assist or aid in responding to such a disaster. 10 12. $1,000,000,000 from the general fund to the health care transfor- 11 mation fund (24850). 12 13. $2,590,000 from the miscellaneous special revenue fund, patient 13 safety center account (22140), to the general fund. 14 14. $1,000,000 from the miscellaneous special revenue fund, nursing 15 home receivership account (21925), to the general fund. 16 15. $130,000 from the miscellaneous special revenue fund, quality of 17 care account (21915), to the general fund. 18 16. $2,200,000 from the miscellaneous special revenue fund, adult home 19 quality enhancement account (22091), to the general fund. 20 17. $22,113,000 from the general fund, to the miscellaneous special 21 revenue fund, helen hayes hospital account (22140). 22 18. $4,850,000 from the general fund, to the miscellaneous special 23 revenue fund, New York city veterans' home account (22141). 24 19. $3,675,000 from the general fund, to the miscellaneous special 25 revenue fund, New York state home for veterans' and their dependents at 26 oxford account (22142). 27 20. $2,055,000 from the general fund, to the miscellaneous special 28 revenue fund, western New York veterans' home account (22143). 29 21. $6,451,000 from the general fund, to the miscellaneous special 30 revenue fund, New York state for veterans in the lower-hudson valley 31 account (22144). 32 22. $6,600,000 from the general fund, to the New York state medical 33 indemnity fund (22240). 34 23. $350,000,000 from the general fund, to the miscellaneous special 35 revenue fund, healthcare stability fund account. 36 24. $5,000,000 from the general fund to the occupational health clin- 37 ics account (22177). 38 Labor: 39 1. $600,000 from the miscellaneous special revenue fund, DOL fee and 40 penalty account (21923), to the child performer's protection fund, child 41 performer protection account (20401). 42 2. $11,700,000 from the unemployment insurance interest and penalty 43 fund, unemployment insurance special interest and penalty account 44 (23601), to the general fund. 45 3. $50,000,000 from the DOL fee and penalty account (21923), unemploy- 46 ment insurance special interest and penalty account (23601), and public 47 work enforcement account (21998), to the general fund. 48 4. $850,000 from the miscellaneous special revenue fund, DOL elevator 49 safety program fund (22252) to the miscellaneous special revenue fund, 50 DOL fee and penalty account (21923). 51 Mental Hygiene: 52 1. $3,800,000 from the general fund, to the agencies internal service 53 fund, civil service EHS occupational health program account (55056). 54 2. $2,000,000 from the general fund, to the mental hygiene facilities 55 capital improvement fund (32300).S. 8306--C 172 A. 8806--C 1 3. $20,000,000 from the opioid settlement fund (23817) to the miscel- 2 laneous capital projects fund, opioid settlement capital account 3 (32200). 4 4. $20,000,000 from the miscellaneous capital projects fund, opioid 5 settlement capital account (32200) to the opioid settlement fund 6 (23817). 7 Public Protection: 8 1. $1,350,000 from the miscellaneous special revenue fund, emergency 9 management account (21944), to the general fund. 10 2. $2,587,000 from the general fund to the miscellaneous special 11 revenue fund, recruitment incentive account (22171). 12 3. $23,773,000 from the general fund to the correctional industries 13 revolving fund, correctional industries internal service account 14 (55350). 15 4. $2,000,000,000 from any of the division of homeland security and 16 emergency services special revenue federal funds to the general fund. 17 5. $115,420,000 from the state police motor vehicle law enforcement 18 and motor vehicle theft and insurance fraud prevention fund, state 19 police motor vehicle enforcement account (22802), to the general fund 20 for state operation expenses of the division of state police. 21 6. $138,272,000 from the general fund to the correctional facilities 22 capital improvement fund (32350). 23 7. $5,000,000 from the general fund to the dedicated highway and 24 bridge trust fund (30050) for the purpose of work zone safety activities 25 provided by the division of state police for the department of transpor- 26 tation. 27 8. $10,000,000 from the miscellaneous special revenue fund, statewide 28 public safety communications account (22123), to the capital projects 29 fund (30000). 30 9. $9,830,000 from the miscellaneous special revenue fund, legal 31 services assistance account (22096), to the general fund. 32 10. $1,000,000 from the general fund to the agencies internal service 33 fund, neighborhood work project account (55059). 34 11. $7,980,000 from the miscellaneous special revenue fund, finger- 35 print identification & technology account (21950), to the general fund. 36 12. $1,100,000 from the state police motor vehicle law enforcement and 37 motor vehicle theft and insurance fraud prevention fund, motor vehicle 38 theft and insurance fraud account (22801), to the general fund. 39 13. $38,938,000 from the general fund to the miscellaneous special 40 revenue fund, criminal justice improvement account (21945). 41 14. $6,000,000 from the general fund to the miscellaneous special 42 revenue fund, hazard mitigation revolving loan account. 43 15. $234,000,000 from the indigent legal services fund, indigent legal 44 services account (23551) to the general fund. 45 Transportation: 46 1. $20,000,000 from the general fund to the mass transportation oper- 47 ating assistance fund, public transportation systems operating assist- 48 ance account (21401), of which $12,000,000 constitutes the base need for 49 operations. 50 2. $727,500,000 from the general fund to the dedicated highway and 51 bridge trust fund (30050). 52 3. $244,250,000 from the general fund to the MTA financial assistance 53 fund, mobility tax trust account (23651). 54 4. $5,000,000 from the miscellaneous special revenue fund, transporta- 55 tion regulation account (22067) to the dedicated highway and bridge 56 trust fund (30050), for disbursements made from such fund for motorS. 8306--C 173 A. 8806--C 1 carrier safety that are in excess of the amounts deposited in the dedi- 2 cated highway and bridge trust fund (30050) for such purpose pursuant to 3 section 94 of the transportation law. 4 5. $477,000 from the miscellaneous special revenue fund, traffic adju- 5 dication account (22055), to the general fund. 6 6. $5,000,000 from the miscellaneous special revenue fund, transporta- 7 tion regulation account (22067) to the general fund, for disbursements 8 made from such fund for motor carrier safety that are in excess of the 9 amounts deposited in the general fund for such purpose pursuant to 10 section 94 of the transportation law. 11 Miscellaneous: 12 1. $250,000,000 from the general fund to any funds or accounts for the 13 purpose of reimbursing certain outstanding accounts receivable balances. 14 2. $500,000,000 from the general fund to the debt reduction reserve 15 fund (40000). 16 3. $450,000,000 from the New York state storm recovery capital fund 17 (33000) to the revenue bond tax fund (40152). 18 4. $15,500,000 from the general fund, community projects account GG 19 (10256), to the general fund, state purposes account (10050). 20 5. $100,000,000 from any special revenue federal fund to the general 21 fund, state purposes account (10050). 22 6. $3,650,000,000 from the special revenue federal fund, ARPA-Fiscal 23 Recovery Fund (25546) to the general fund, state purposes account 24 (10050) to cover eligible costs incurred by the state. 25 7. $1,000,000,000 from the general fund to the hazardous waste over- 26 sight and assistance account (31506), State parks infrastructure account 27 (30351), environmental protection fund transfer account (30451), the 28 correctional facilities capital improvement fund (32350), housing 29 program fund (31850), or the Mental hygiene facilities capital improve- 30 ment fund (32300), up to an amount equal to certain outstanding accounts 31 receivable balances. 32 § 4. Notwithstanding any law to the contrary, and in accordance with 33 section 4 of the state finance law, the comptroller is hereby authorized 34 and directed to transfer, on or before March 31, 2025: 35 1. Upon request of the commissioner of environmental conservation, up 36 to $12,745,400 from revenues credited to any of the department of envi- 37 ronmental conservation special revenue funds, including $4,000,000 from 38 the environmental protection and oil spill compensation fund (21200), 39 and $1,834,600 from the conservation fund (21150), to the environmental 40 conservation special revenue fund, indirect charges account (21060). 41 2. Upon request of the commissioner of agriculture and markets, up to 42 $3,000,000 from any special revenue fund or enterprise fund within the 43 department of agriculture and markets to the general fund, to pay appro- 44 priate administrative expenses. 45 3. Upon request of the commissioner of the division of housing and 46 community renewal, up to $6,221,000 from revenues credited to any divi- 47 sion of housing and community renewal federal or miscellaneous special 48 revenue fund to the miscellaneous special revenue fund, housing indirect 49 cost recovery account (22090). 50 4. Upon request of the commissioner of the division of housing and 51 community renewal, up to $5,500,000 may be transferred from any miscel- 52 laneous special revenue fund account, to any miscellaneous special 53 revenue fund. 54 5. Upon request of the commissioner of health up to $13,694,000 from 55 revenues credited to any of the department of health's special revenueS. 8306--C 174 A. 8806--C 1 funds, to the miscellaneous special revenue fund, administration account 2 (21982). 3 6. Upon the request of the attorney general, up to $4,000,000 from 4 revenues credited to the federal health and human services fund, federal 5 health and human services account (25117) or the miscellaneous special 6 revenue fund, recoveries and revenue account (22041), to the miscella- 7 neous special revenue fund, litigation settlement and civil recovery 8 account (22117). 9 § 5. On or before March 31, 2025, the comptroller is hereby authorized 10 and directed to deposit earnings that would otherwise accrue to the 11 general fund that are attributable to the operation of section 98-a of 12 the state finance law, to the agencies internal service fund, banking 13 services account (55057), for the purpose of meeting direct payments 14 from such account. 15 § 6. Notwithstanding any law to the contrary, and in accordance with 16 section 4 of the state finance law, the comptroller is hereby authorized 17 and directed to transfer, upon request of the director of the budget and 18 upon consultation with the state university chancellor or his or her 19 designee, on or before March 31, 2025, up to $16,000,000 from the state 20 university income fund general revenue account (22653) to the state 21 general fund for debt service costs related to campus supported capital 22 project costs for the NY-SUNY 2020 challenge grant program at the 23 University at Buffalo. 24 § 7. Notwithstanding any law to the contrary, and in accordance with 25 section 4 of the state finance law, the comptroller is hereby authorized 26 and directed to transfer, upon request of the director of the budget and 27 upon consultation with the state university chancellor or his or her 28 designee, on or before March 31, 2025, up to $6,500,000 from the state 29 university income fund general revenue account (22653) to the state 30 general fund for debt service costs related to campus supported capital 31 project costs for the NY-SUNY 2020 challenge grant program at the 32 University at Albany. 33 § 8. Notwithstanding any law to the contrary, the state university 34 chancellor or his or her designee is authorized and directed to transfer 35 estimated tuition revenue balances from the state university collection 36 fund (61000) to the state university income fund, state university 37 general revenue offset account (22655) on or before March 31, 2025. 38 § 8-a. Notwithstanding any law to the contrary, and in accordance with 39 section 4 of the state finance law, the comptroller is hereby authorized 40 and directed to transfer, upon request of the director of the budget, a 41 total of up to $100,000,000 from the general fund to the state universi- 42 ty income fund, state university general revenue offset account (22655) 43 and/or the state university income fund, state university hospitals 44 income reimbursable account (22656) during the period July 1, 2024 45 through June 30, 2025 to pay costs attributable to the state university 46 health science center at Brooklyn and/or the state university of New 47 York hospital at Brooklyn, respectively, pursuant to a plan approved by 48 the director of the budget. 49 § 9. Notwithstanding any law to the contrary, and in accordance with 50 section 4 of the state finance law, the comptroller is hereby authorized 51 and directed to transfer, upon request of the director of the budget, up 52 to $1,388,664,500 from the general fund to the state university income 53 fund, state university general revenue offset account (22655) during the 54 period of July 1, 2024 through June 30, 2025 to support operations at 55 the state university.S. 8306--C 175 A. 8806--C 1 § 10. Notwithstanding any law to the contrary, and in accordance with 2 section 4 of the state finance law, the comptroller is hereby authorized 3 and directed to transfer, upon request of the director of the budget, up 4 to $103,000,000 from the general fund to the state university income 5 fund, state university general revenue offset account (22655) during the 6 period of April 1, 2024 through June 30, 2024 to support operations at 7 the state university. 8 § 11. Notwithstanding any law to the contrary, and in accordance with 9 section 4 of the state finance law, the comptroller is hereby authorized 10 and directed to transfer, upon request of the director of the budget, up 11 to $54,700,000 from the general fund to the state university income 12 fund, state university general revenue offset account (22655) during the 13 period of July 1, 2024 to June 30, 2025 for general fund operating 14 support pursuant to subparagraph (4-b) of paragraph h of subdivision 2 15 of section three hundred fifty-five of the education law. 16 § 12. Notwithstanding any law to the contrary, and in accordance with 17 section 4 of the state finance law, the comptroller is hereby authorized 18 and directed to transfer, upon request of the director of the budget, up 19 to $20,000,000 from the general fund to the state university income 20 fund, state university general revenue offset account (22655) during the 21 period of July 1, 2024 to June 30, 2025 to fully fund the tuition credit 22 pursuant to subdivision two of section six hundred sixty-nine-h of the 23 education law. 24 § 13. Notwithstanding any law to the contrary, and in accordance with 25 section 4 of the state finance law, the comptroller is hereby authorized 26 and directed to transfer, upon request of the state university chancel- 27 lor or his or her designee, up to $55,000,000 from the state university 28 income fund, state university hospitals income reimbursable account 29 (22656), for services and expenses of hospital operations and capital 30 expenditures at the state university hospitals; and the state university 31 income fund, Long Island veterans' home account (22652) to the state 32 university capital projects fund (32400) on or before June 30, 2025. 33 § 14. Notwithstanding any law to the contrary, and in accordance with 34 section 4 of the state finance law, the comptroller, after consultation 35 with the state university chancellor or his or her designee, is hereby 36 authorized and directed to transfer moneys, in the first instance, from 37 the state university collection fund, Stony Brook hospital collection 38 account (61006), Brooklyn hospital collection account (61007), and Syra- 39 cuse hospital collection account (61008) to the state university income 40 fund, state university hospitals income reimbursable account (22656) in 41 the event insufficient funds are available in the state university 42 income fund, state university hospitals income reimbursable account 43 (22656) to permit the full transfer of moneys authorized for transfer, 44 to the general fund for payment of debt service related to the SUNY 45 hospitals. Notwithstanding any law to the contrary, the comptroller is 46 also hereby authorized and directed, after consultation with the state 47 university chancellor or his or her designee, to transfer moneys from 48 the state university income fund to the state university income fund, 49 state university hospitals income reimbursable account (22656) in the 50 event insufficient funds are available in the state university income 51 fund, state university hospitals income reimbursable account (22656) to 52 pay hospital operating costs or to permit the full transfer of moneys 53 authorized for transfer, to the general fund for payment of debt service 54 related to the SUNY hospitals on or before March 31, 2025. 55 § 15. Notwithstanding any law to the contrary, upon the direction of 56 the director of the budget and the chancellor of the state university ofS. 8306--C 176 A. 8806--C 1 New York or his or her designee, and in accordance with section 4 of the 2 state finance law, the comptroller is hereby authorized and directed to 3 transfer monies from the state university dormitory income fund (40350) 4 to the state university residence hall rehabilitation fund (30100), and 5 from the state university residence hall rehabilitation fund (30100) to 6 the state university dormitory income fund (40350), in an amount not to 7 exceed $100 million from each fund. 8 § 16. Notwithstanding any law to the contrary, and in accordance with 9 section 4 of the state finance law, the comptroller is hereby authorized 10 and directed to transfer, at the request of the director of the budget, 11 up to $700,000,000 from the unencumbered balance of any special revenue 12 fund or account, agency fund or account, internal service fund or 13 account, enterprise fund or account, or any combination of such funds 14 and accounts, to the general fund. The amounts transferred pursuant to 15 this authorization shall be in addition to any other transfers expressly 16 authorized in the 2024-25 budget. Transfers from federal funds, debt 17 service funds, capital projects funds, the community projects fund, or 18 funds that would result in the loss of eligibility for federal benefits 19 or federal funds pursuant to federal law, rule, or regulation as assent- 20 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 21 1951 are not permitted pursuant to this authorization. 22 § 17. Notwithstanding any law to the contrary, and in accordance with 23 section 4 of the state finance law, the comptroller is hereby authorized 24 and directed to transfer, at the request of the director of the budget, 25 up to $100 million from any non-general fund or account, or combination 26 of funds and accounts, to the miscellaneous special revenue fund, tech- 27 nology financing account (22207), the miscellaneous capital projects 28 fund, the federal capital projects account (31350), information technol- 29 ogy capital financing account (32215), or the centralized technology 30 services account (55069), for the purpose of consolidating technology 31 procurement and services. The amounts transferred to the miscellaneous 32 special revenue fund, technology financing account (22207) pursuant to 33 this authorization shall be equal to or less than the amount of such 34 monies intended to support information technology costs which are 35 attributable, according to a plan, to such account made in pursuance to 36 an appropriation by law. Transfers to the technology financing account 37 shall be completed from amounts collected by non-general funds or 38 accounts pursuant to a fund deposit schedule or permanent statute, and 39 shall be transferred to the technology financing account pursuant to a 40 schedule agreed upon by the affected agency commissioner. Transfers from 41 funds that would result in the loss of eligibility for federal benefits 42 or federal funds pursuant to federal law, rule, or regulation as assent- 43 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 44 1951 are not permitted pursuant to this authorization. 45 § 18. Notwithstanding any law to the contrary, and in accordance with 46 section 4 of the state finance law, the comptroller is hereby authorized 47 and directed to transfer, at the request of the director of the budget, 48 up to $400 million from any non-general fund or account, or combination 49 of funds and accounts, to the general fund for the purpose of consol- 50 idating technology procurement and services. The amounts transferred 51 pursuant to this authorization shall be equal to or less than the amount 52 of such monies intended to support information technology costs which 53 are attributable, according to a plan, to such account made in pursuance 54 to an appropriation by law. Transfers to the general fund shall be 55 completed from amounts collected by non-general funds or accounts pursu- 56 ant to a fund deposit schedule. Transfers from funds that would resultS. 8306--C 177 A. 8806--C 1 in the loss of eligibility for federal benefits or federal funds pursu- 2 ant to federal law, rule, or regulation as assented to in chapter 683 of 3 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 4 pursuant to this authorization. 5 § 19. Notwithstanding any provision of law to the contrary, as deemed 6 feasible and advisable by its trustees, the power authority of the state 7 of New York is authorized and directed to transfer to the state treasury 8 to the credit of the general fund up to $20,000,000 for the state fiscal 9 year commencing April 1, 2024, the proceeds of which will be utilized to 10 support energy-related state activities. 11 § 20. Notwithstanding any provision of law to the contrary, as deemed 12 feasible and advisable by its trustees, the power authority of the state 13 of New York is authorized to transfer to the state treasury to the cred- 14 it of the general fund up to $25,000,000 for the state fiscal year 15 commencing April 1, 2024, the proceeds of which will be utilized to 16 support programs established or implemented by or within the department 17 of labor, including but not limited to the office of just energy transi- 18 tion and programs for workforce training and retraining, to prepare 19 workers for employment for work in the renewable energy field. 20 § 21. Notwithstanding any provision of law, rule or regulation to the 21 contrary, the New York state energy research and development authority 22 is authorized and directed to contribute $913,000 to the state treasury 23 to the credit of the general fund on or before March 31, 2025. 24 § 22. Notwithstanding any provision of law, rule or regulation to the 25 contrary, the New York state energy research and development authority 26 is authorized and directed to transfer five million dollars to the cred- 27 it of the Environmental Protection Fund on or before March 31, 2025 from 28 proceeds collected by the authority from the auction or sale of carbon 29 dioxide emission allowances allocated by the department of environmental 30 conservation. 31 § 23. Subdivision 5 of section 97-rrr of the state finance law, as 32 amended by section 21 of part PP of chapter 56 of the laws of 2023, is 33 amended to read as follows: 34 5. Notwithstanding the provisions of section one hundred seventy-one-a 35 of the tax law, as separately amended by chapters four hundred eighty- 36 one and four hundred eighty-four of the laws of nineteen hundred eight- 37 y-one, and notwithstanding the provisions of chapter ninety-four of the 38 laws of two thousand eleven, or any other provisions of law to the 39 contrary, during the fiscal year beginning April first, two thousand 40 [twenty-three] twenty-four, the state comptroller is hereby authorized 41 and directed to deposit to the fund created pursuant to this section 42 from amounts collected pursuant to article twenty-two of the tax law and 43 pursuant to a schedule submitted by the director of the budget, up to 44 [$1,716,913,000] $1,575,393,000 as may be certified in such schedule as 45 necessary to meet the purposes of such fund for the fiscal year begin- 46 ning April first, two thousand [twenty-three] twenty-four. 47 § 24. Notwithstanding any law to the contrary, the comptroller is 48 hereby authorized and directed to transfer, upon request of the director 49 of the budget, on or before March 31, 2025, the following amounts from 50 the following special revenue accounts to the capital projects fund 51 (30000), for the purposes of reimbursement to such fund for expenses 52 related to the maintenance and preservation of state assets: 53 1. $43,000 from the miscellaneous special revenue fund, administrative 54 program account (21982). 55 2. $1,537,000 from the miscellaneous special revenue fund, helen hayes 56 hospital account (22140).S. 8306--C 178 A. 8806--C 1 3. $474,000 from the miscellaneous special revenue fund, New York city 2 veterans' home account (22141). 3 4. $593,000 from the miscellaneous special revenue fund, New York 4 state home for veterans' and their dependents at oxford account (22142). 5 5. $177,000 from the miscellaneous special revenue fund, western New 6 York veterans' home account (22143). 7 6. $336,000 from the miscellaneous special revenue fund, New York 8 state for veterans in the lower-hudson valley account (22144). 9 7. $2,550,000 from the miscellaneous special revenue fund, patron 10 services account (22163). 11 8. $9,173,000 from the miscellaneous special revenue fund, state 12 university general income reimbursable account (22653). 13 9. $150,218,000 from the miscellaneous special revenue fund, state 14 university revenue offset account (22655). 15 10. $50,197,000 from the state university dormitory income fund, state 16 university dormitory income fund (40350). 17 11. $1,000,000 from the miscellaneous special revenue fund, litigation 18 settlement and civil recovery account (22117). 19 § 25. Subdivision 6 of section 4 of the state finance law, as amended 20 by section 24 of part FFF of chapter 56 of the laws of 2022, is amended 21 to read as follows: 22 6. Notwithstanding any law to the contrary, at the beginning of the 23 state fiscal year, the state comptroller is hereby authorized and 24 directed to receive for deposit to the credit of a fund and/or an 25 account such monies as are identified by the director of the budget as 26 having been intended for such deposit to support disbursements from such 27 fund and/or account made in pursuance of an appropriation by law. As 28 soon as practicable upon enactment of the budget, the director of the 29 budget shall, but not less than three days following preliminary 30 submission to the chairs of the senate finance committee and the assem- 31 bly ways and means committee, file with the state comptroller an iden- 32 tification of specific monies to be so deposited. Any subsequent change 33 regarding the monies to be so deposited shall be filed by the director 34 of the budget, as soon as practicable, but not less than three days 35 following preliminary submission to the chairs of the senate finance 36 committee and the assembly ways and means committee. 37 All monies identified by the director of the budget to be deposited to 38 the credit of a fund and/or account shall be consistent with the intent 39 of the budget for the then current state fiscal year as enacted by the 40 legislature. 41 The provisions of this subdivision shall expire on March thirty-first, 42 [two thousand twenty-four] two thousand twenty-seven. 43 § 26. Subdivision 4 of section 40 of the state finance law, as amended 44 by section 25 of part FFF of chapter 56 of the laws of 2022, is amended 45 to read as follows: 46 4. Every appropriation made from a fund or account to a department or 47 agency shall be available for the payment of prior years' liabilities in 48 such fund or account for fringe benefits, indirect costs, and telecommu- 49 nications expenses and expenses for other centralized services fund 50 programs without limit. Every appropriation shall also be available for 51 the payment of prior years' liabilities other than those indicated 52 above, but only to the extent of one-half of one percent of the total 53 amount appropriated to a department or agency in such fund or account. 54 The provisions of this subdivision shall expire March thirty-first, 55 [two thousand twenty-four] two thousand twenty-seven.S. 8306--C 179 A. 8806--C 1 § 26-a. Subdivision 4 of section 18 of the state finance law, as 2 amended by section 30 of subpart D of part V-1 of chapter 57 of the laws 3 of 2009, is amended to read as follows: 4 4. Unless provided otherwise by contract, statute or regulation, a 5 debtor that fails to make payment of a debt within the period set forth 6 in subdivision three of this section shall pay, in addition to the 7 amount of debt, [the greater of: (a)] interest on the outstanding 8 balance of the debt, accruing on the date on which the receipt of the 9 first billing invoice or first notice occurs, computed at the underpay- 10 ment rate which is in effect on the date which the receipt of the first 11 billing invoice or first billing notice occurs[; or (b) a late payment12charge of ten dollars]. For the purposes of this section, the underpay- 13 ment rate shall be that rate set by the commissioner of taxation and 14 finance and published in the state register pursuant to subsection (e) 15 of section one thousand ninety-six of the tax law minus four percentage 16 points. With respect to specific classes of debt collected by a state 17 agency, the director of the budget or official of a state agency so 18 designated by the director of the budget may approve the assessment of 19 interest [or late payment charges] at a date later than the thirtieth 20 day following such debtor's receipt of any billing invoice or notice 21 sent by the state agency. 22 § 27. Notwithstanding any other law, rule, or regulation to the 23 contrary, the state comptroller is hereby authorized and directed to use 24 any balance remaining in the mental health services fund debt service 25 appropriation, after payment by the state comptroller of all obligations 26 required pursuant to any lease, sublease, or other financing arrangement 27 between the dormitory authority of the state of New York as successor to 28 the New York state medical care facilities finance agency, and the 29 facilities development corporation pursuant to chapter 83 of the laws of 30 1995 and the department of mental hygiene for the purpose of making 31 payments to the dormitory authority of the state of New York for the 32 amount of the earnings for the investment of monies deposited in the 33 mental health services fund that such agency determines will or may have 34 to be rebated to the federal government pursuant to the provisions of 35 the internal revenue code of 1986, as amended, in order to enable such 36 agency to maintain the exemption from federal income taxation on the 37 interest paid to the holders of such agency's mental services facilities 38 improvement revenue bonds. Annually on or before each June 30th, such 39 agency shall certify to the state comptroller its determination of the 40 amounts received in the mental health services fund as a result of the 41 investment of monies deposited therein that will or may have to be 42 rebated to the federal government pursuant to the provisions of the 43 internal revenue code of 1986, as amended. 44 § 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws 45 of 1997, relating to the financing of the correctional facilities 46 improvement fund and the youth facility improvement fund, as amended by 47 section 27 of part PP of chapter 56 of the laws of 2023, is amended to 48 read as follows: 49 1. Subject to the provisions of chapter 59 of the laws of 2000, but 50 notwithstanding the provisions of section 18 of section 1 of chapter 174 51 of the laws of 1968, the New York state urban development corporation is 52 hereby authorized to issue bonds, notes and other obligations in an 53 aggregate principal amount not to exceed [nine billion eight hundred54sixty-five million eight hundred fifty-nine thousand dollars55$9,865,859,000] ten billion two hundred ninety-nine million three 56 hundred fifty-nine thousand dollars $10,299,359,000, and shall includeS. 8306--C 180 A. 8806--C 1 all bonds, notes and other obligations issued pursuant to chapter 56 of 2 the laws of 1983, as amended or supplemented. The proceeds of such 3 bonds, notes or other obligations shall be paid to the state, for depos- 4 it in the correctional facilities capital improvement fund to pay for 5 all or any portion of the amount or amounts paid by the state from 6 appropriations or reappropriations made to the department of corrections 7 and community supervision from the correctional facilities capital 8 improvement fund for capital projects. The aggregate amount of bonds, 9 notes or other obligations authorized to be issued pursuant to this 10 section shall exclude bonds, notes or other obligations issued to refund 11 or otherwise repay bonds, notes or other obligations theretofore issued, 12 the proceeds of which were paid to the state for all or a portion of the 13 amounts expended by the state from appropriations or reappropriations 14 made to the department of corrections and community supervision; 15 provided, however, that upon any such refunding or repayment the total 16 aggregate principal amount of outstanding bonds, notes or other obli- 17 gations may be greater than [nine billion eight hundred sixty-five18million eight hundred fifty-nine thousand dollars $9,865,859,000] ten 19 billion two hundred ninety-nine million three hundred fifty-nine thou- 20 sand dollars $10,299,359,000, only if the present value of the aggregate 21 debt service of the refunding or repayment bonds, notes or other obli- 22 gations to be issued shall not exceed the present value of the aggregate 23 debt service of the bonds, notes or other obligations so to be refunded 24 or repaid. For the purposes hereof, the present value of the aggregate 25 debt service of the refunding or repayment bonds, notes or other obli- 26 gations and of the aggregate debt service of the bonds, notes or other 27 obligations so refunded or repaid, shall be calculated by utilizing the 28 effective interest rate of the refunding or repayment bonds, notes or 29 other obligations, which shall be that rate arrived at by doubling the 30 semi-annual interest rate (compounded semi-annually) necessary to 31 discount the debt service payments on the refunding or repayment bonds, 32 notes or other obligations from the payment dates thereof to the date of 33 issue of the refunding or repayment bonds, notes or other obligations 34 and to the price bid including estimated accrued interest or proceeds 35 received by the corporation including estimated accrued interest from 36 the sale thereof. 37 § 29. Paragraph (a) of subdivision 2 of section 47-e of the private 38 housing finance law, as amended by section 42 of part PP of chapter 56 39 of the laws of 2023, is amended to read as follows: 40 (a) Subject to the provisions of chapter fifty-nine of the laws of two 41 thousand, in order to enhance and encourage the promotion of housing 42 programs and thereby achieve the stated purposes and objectives of such 43 housing programs, the agency shall have the power and is hereby author- 44 ized from time to time to issue negotiable housing program bonds and 45 notes in such principal amount as shall be necessary to provide suffi- 46 cient funds for the repayment of amounts disbursed (and not previously 47 reimbursed) pursuant to law or any prior year making capital appropri- 48 ations or reappropriations for the purposes of the housing program; 49 provided, however, that the agency may issue such bonds and notes in an 50 aggregate principal amount not exceeding [thirteen billion six hundred51thirty-five million four hundred twenty-five thousand dollars52$13,635,425,000] fourteen billion five hundred twenty-six million eight- 53 y-nine thousand dollars $14,526,089,000, plus a principal amount of 54 bonds issued to fund the debt service reserve fund in accordance with 55 the debt service reserve fund requirement established by the agency and 56 to fund any other reserves that the agency reasonably deems necessaryS. 8306--C 181 A. 8806--C 1 for the security or marketability of such bonds and to provide for the 2 payment of fees and other charges and expenses, including underwriters' 3 discount, trustee and rating agency fees, bond insurance, credit 4 enhancement and liquidity enhancement related to the issuance of such 5 bonds and notes. No reserve fund securing the housing program bonds 6 shall be entitled or eligible to receive state funds apportioned or 7 appropriated to maintain or restore such reserve fund at or to a partic- 8 ular level, except to the extent of any deficiency resulting directly or 9 indirectly from a failure of the state to appropriate or pay the agreed 10 amount under any of the contracts provided for in subdivision four of 11 this section. 12 § 30. Paragraph (b) of subdivision 1 of section 385 of the public 13 authorities law, as amended by section 45 of part PP of chapter 56 of 14 the laws of 2023, is amended to read as follows: 15 (b) The authority is hereby authorized, as additional corporate 16 purposes thereof solely upon the request of the director of the budget: 17 (i) to issue special emergency highway and bridge trust fund bonds and 18 notes for a term not to exceed thirty years and to incur obligations 19 secured by the moneys appropriated from the dedicated highway and bridge 20 trust fund established in section eighty-nine-b of the state finance 21 law; (ii) to make available the proceeds in accordance with instructions 22 provided by the director of the budget from the sale of such special 23 emergency highway and bridge trust fund bonds, notes or other obli- 24 gations, net of all costs to the authority in connection therewith, for 25 the purposes of financing all or a portion of the costs of activities 26 for which moneys in the dedicated highway and bridge trust fund estab- 27 lished in section eighty-nine-b of the state finance law are authorized 28 to be utilized or for the financing of disbursements made by the state 29 for the activities authorized pursuant to section eighty-nine-b of the 30 state finance law; and (iii) to enter into agreements with the commis- 31 sioner of transportation pursuant to section ten-e of the highway law 32 with respect to financing for any activities authorized pursuant to 33 section eighty-nine-b of the state finance law, or agreements with the 34 commissioner of transportation pursuant to sections ten-f and ten-g of 35 the highway law in connection with activities on state highways pursuant 36 to these sections, and (iv) to enter into service contracts, contracts, 37 agreements, deeds and leases with the director of the budget or the 38 commissioner of transportation and project sponsors and others to 39 provide for the financing by the authority of activities authorized 40 pursuant to section eighty-nine-b of the state finance law, and each of 41 the director of the budget and the commissioner of transportation are 42 hereby authorized to enter into service contracts, contracts, agree- 43 ments, deeds and leases with the authority, project sponsors or others 44 to provide for such financing. The authority shall not issue any bonds 45 or notes in an amount in excess of [twenty billion six hundred forty-46eight million five hundred seven thousand dollars $20,648,507,000] twen- 47 ty-one billion four hundred fifty-eight million three hundred nine thou- 48 sand dollars $21,458,309,000, plus a principal amount of bonds or notes: 49 (A) to fund capital reserve funds; (B) to provide capitalized interest; 50 and, (C) to fund other costs of issuance. In computing for the purposes 51 of this subdivision, the aggregate amount of indebtedness evidenced by 52 bonds and notes of the authority issued pursuant to this section, as 53 amended by a chapter of the laws of nineteen hundred ninety-six, there 54 shall be excluded the amount of bonds or notes issued that would consti- 55 tute interest under the United States Internal Revenue Code of 1986, asS. 8306--C 182 A. 8806--C 1 amended, and the amount of indebtedness issued to refund or otherwise 2 repay bonds or notes. 3 § 31. Paragraph (c) of subdivision 14 of section 1680 of the public 4 authorities law, as amended by section 32 of part PP of chapter 56 of 5 the laws of 2023, is amended to read as follows: 6 (c) Subject to the provisions of chapter fifty-nine of the laws of two 7 thousand, (i) the dormitory authority shall not deliver a series of 8 bonds for city university community college facilities, except to refund 9 or to be substituted for or in lieu of other bonds in relation to city 10 university community college facilities pursuant to a resolution of the 11 dormitory authority adopted before July first, nineteen hundred eighty- 12 five or any resolution supplemental thereto, if the principal amount of 13 bonds so to be issued when added to all principal amounts of bonds 14 previously issued by the dormitory authority for city university commu- 15 nity college facilities, except to refund or to be substituted in lieu 16 of other bonds in relation to city university community college facili- 17 ties will exceed the sum of four hundred twenty-five million dollars and 18 (ii) the dormitory authority shall not deliver a series of bonds issued 19 for city university facilities, including community college facilities, 20 pursuant to a resolution of the dormitory authority adopted on or after 21 July first, nineteen hundred eighty-five, except to refund or to be 22 substituted for or in lieu of other bonds in relation to city university 23 facilities and except for bonds issued pursuant to a resolution supple- 24 mental to a resolution of the dormitory authority adopted prior to July 25 first, nineteen hundred eighty-five, if the principal amount of bonds so 26 to be issued when added to the principal amount of bonds previously 27 issued pursuant to any such resolution, except bonds issued to refund or 28 to be substituted for or in lieu of other bonds in relation to city 29 university facilities, will exceed [eleven billion three hundred four-30teen million three hundred fifty-two thousand dollars $11,314,352,000] 31 eleven billion seven hundred sixty-three million twenty-two thousand 32 dollars $11,763,022,000. The legislature reserves the right to amend or 33 repeal such limit, and the state of New York, the dormitory authority, 34 the city university, and the fund are prohibited from covenanting or 35 making any other agreements with or for the benefit of bondholders which 36 might in any way affect such right. 37 § 32. Subdivision 1 of section 1689-i of the public authorities law, 38 as amended by section 39 of part PP of chapter 56 of the laws of 2023, 39 is amended to read as follows: 40 1. The dormitory authority is authorized to issue bonds, at the 41 request of the commissioner of education, to finance eligible library 42 construction projects pursuant to section two hundred seventy-three-a of 43 the education law, in amounts certified by such commissioner not to 44 exceed a total principal amount of [three hundred sixty-seven million45dollars $367,000,000] four hundred eleven million dollars $411,000,000. 46 § 33. Paragraph (c) of subdivision 19 of section 1680 of the public 47 authorities law, as amended by section 31 of part PP of chapter 56 of 48 the laws of 2023, is amended to read as follows: 49 (c) Subject to the provisions of chapter fifty-nine of the laws of two 50 thousand, the dormitory authority shall not issue any bonds for state 51 university educational facilities purposes if the principal amount of 52 bonds to be issued when added to the aggregate principal amount of bonds 53 issued by the dormitory authority on and after July first, nineteen 54 hundred eighty-eight for state university educational facilities will 55 exceed [eighteen billion one hundred ten million nine hundred sixty-four56thousand dollars $18,110,964,000] eighteen billion nine hundred eighty-S. 8306--C 183 A. 8806--C 1 eight million one hundred sixty-four thousand dollars $18,988,164,000; 2 provided, however, that bonds issued or to be issued shall be excluded 3 from such limitation if: (1) such bonds are issued to refund state 4 university construction bonds and state university construction notes 5 previously issued by the housing finance agency; or (2) such bonds are 6 issued to refund bonds of the authority or other obligations issued for 7 state university educational facilities purposes and the present value 8 of the aggregate debt service on the refunding bonds does not exceed the 9 present value of the aggregate debt service on the bonds refunded there- 10 by; provided, further that upon certification by the director of the 11 budget that the issuance of refunding bonds or other obligations issued 12 between April first, nineteen hundred ninety-two and March thirty-first, 13 nineteen hundred ninety-three will generate long term economic benefits 14 to the state, as assessed on a present value basis, such issuance will 15 be deemed to have met the present value test noted above. For purposes 16 of this subdivision, the present value of the aggregate debt service of 17 the refunding bonds and the aggregate debt service of the bonds 18 refunded, shall be calculated by utilizing the true interest cost of the 19 refunding bonds, which shall be that rate arrived at by doubling the 20 semi-annual interest rate (compounded semi-annually) necessary to 21 discount the debt service payments on the refunding bonds from the 22 payment dates thereof to the date of issue of the refunding bonds to the 23 purchase price of the refunding bonds, including interest accrued there- 24 on prior to the issuance thereof. The maturity of such bonds, other than 25 bonds issued to refund outstanding bonds, shall not exceed the weighted 26 average economic life, as certified by the state university construction 27 fund, of the facilities in connection with which the bonds are issued, 28 and in any case not later than the earlier of thirty years or the expi- 29 ration of the term of any lease, sublease or other agreement relating 30 thereto; provided that no note, including renewals thereof, shall mature 31 later than five years after the date of issuance of such note. The 32 legislature reserves the right to amend or repeal such limit, and the 33 state of New York, the dormitory authority, the state university of New 34 York, and the state university construction fund are prohibited from 35 covenanting or making any other agreements with or for the benefit of 36 bondholders which might in any way affect such right. 37 § 34. Subdivision 10-a of section 1680 of the public authorities law, 38 as amended by section 33 of part PP of chapter 56 of the laws of 2023, 39 is amended to read as follows: 40 10-a. Subject to the provisions of chapter fifty-nine of the laws of 41 two thousand, but notwithstanding any other provision of the law to the 42 contrary, the maximum amount of bonds and notes to be issued after March 43 thirty-first, two thousand two, on behalf of the state, in relation to 44 any locally sponsored community college, shall be [one billion two45hundred twenty-seven million ninety-five thousand dollars46$1,227,095,000] one billion three hundred sixty-five million three 47 hundred eight thousand dollars $1,365,308,000. Such amount shall be 48 exclusive of bonds and notes issued to fund any reserve fund or funds, 49 costs of issuance and to refund any outstanding bonds and notes, issued 50 on behalf of the state, relating to a locally sponsored community 51 college. 52 § 35. Paragraph b of subdivision 2 of section 9-a of section 1 of 53 chapter 392 of the laws of 1973, constituting the New York state medical 54 care facilities finance agency act, as amended by section 35 of part PP 55 of chapter 56 of the laws of 2023, is amended to read as follows:S. 8306--C 184 A. 8806--C 1 b. The agency shall have power and is hereby authorized from time to 2 time to issue negotiable bonds and notes in conformity with applicable 3 provisions of the uniform commercial code in such principal amount as, 4 in the opinion of the agency, shall be necessary, after taking into 5 account other moneys which may be available for the purpose, to provide 6 sufficient funds to the facilities development corporation, or any 7 successor agency, for the financing or refinancing of or for the design, 8 construction, acquisition, reconstruction, rehabilitation or improvement 9 of mental health services facilities pursuant to paragraph a of this 10 subdivision, the payment of interest on mental health services improve- 11 ment bonds and mental health services improvement notes issued for such 12 purposes, the establishment of reserves to secure such bonds and notes, 13 the cost or premium of bond insurance or the costs of any financial 14 mechanisms which may be used to reduce the debt service that would be 15 payable by the agency on its mental health services facilities improve- 16 ment bonds and notes and all other expenditures of the agency incident 17 to and necessary or convenient to providing the facilities development 18 corporation, or any successor agency, with funds for the financing or 19 refinancing of or for any such design, construction, acquisition, recon- 20 struction, rehabilitation or improvement and for the refunding of mental 21 hygiene improvement bonds issued pursuant to section 47-b of the private 22 housing finance law; provided, however, that the agency shall not issue 23 mental health services facilities improvement bonds and mental health 24 services facilities improvement notes in an aggregate principal amount 25 exceeding [twelve billion four hundred eighteen million three hundred26thirty-seven thousand dollars $12,418,337,000] twelve billion nine 27 hundred twenty-one million seven hundred fifty-six thousand dollars 28 $12,921,756,000, excluding mental health services facilities improvement 29 bonds and mental health services facilities improvement notes issued to 30 refund outstanding mental health services facilities improvement bonds 31 and mental health services facilities improvement notes; provided, 32 however, that upon any such refunding or repayment of mental health 33 services facilities improvement bonds and/or mental health services 34 facilities improvement notes the total aggregate principal amount of 35 outstanding mental health services facilities improvement bonds and 36 mental health facilities improvement notes may be greater than [twelve37billion four hundred eighteen million three hundred thirty-seven thou-38sand dollars $12,418,337,000] twelve billion nine hundred twenty-one 39 million seven hundred fifty-six thousand dollars $12,921,756,000, only 40 if, except as hereinafter provided with respect to mental health 41 services facilities bonds and mental health services facilities notes 42 issued to refund mental hygiene improvement bonds authorized to be 43 issued pursuant to the provisions of section 47-b of the private housing 44 finance law, the present value of the aggregate debt service of the 45 refunding or repayment bonds to be issued shall not exceed the present 46 value of the aggregate debt service of the bonds to be refunded or 47 repaid. For purposes hereof, the present values of the aggregate debt 48 service of the refunding or repayment bonds, notes or other obligations 49 and of the aggregate debt service of the bonds, notes or other obli- 50 gations so refunded or repaid, shall be calculated by utilizing the 51 effective interest rate of the refunding or repayment bonds, notes or 52 other obligations, which shall be that rate arrived at by doubling the 53 semi-annual interest rate (compounded semi-annually) necessary to 54 discount the debt service payments on the refunding or repayment bonds, 55 notes or other obligations from the payment dates thereof to the date of 56 issue of the refunding or repayment bonds, notes or other obligationsS. 8306--C 185 A. 8806--C 1 and to the price bid including estimated accrued interest or proceeds 2 received by the authority including estimated accrued interest from the 3 sale thereof. Such bonds, other than bonds issued to refund outstanding 4 bonds, shall be scheduled to mature over a term not to exceed the aver- 5 age useful life, as certified by the facilities development corporation, 6 of the projects for which the bonds are issued, and in any case shall 7 not exceed thirty years and the maximum maturity of notes or any 8 renewals thereof shall not exceed five years from the date of the 9 original issue of such notes. Notwithstanding the provisions of this 10 section, the agency shall have the power and is hereby authorized to 11 issue mental health services facilities improvement bonds and/or mental 12 health services facilities improvement notes to refund outstanding 13 mental hygiene improvement bonds authorized to be issued pursuant to the 14 provisions of section 47-b of the private housing finance law and the 15 amount of bonds issued or outstanding for such purposes shall not be 16 included for purposes of determining the amount of bonds issued pursuant 17 to this section. The director of the budget shall allocate the aggregate 18 principal authorized to be issued by the agency among the office of 19 mental health, office for people with developmental disabilities, and 20 the office of addiction services and supports, in consultation with 21 their respective commissioners to finance bondable appropriations previ- 22 ously approved by the legislature. 23 § 36. Subdivision (a) of section 48 of part K of chapter 81 of the 24 laws of 2002, relating to providing for the administration of certain 25 funds and accounts related to the 2002-2003 budget, as amended by 26 section 30 of part PP of chapter 56 of the laws of 2023, is amended to 27 read as follows: 28 (a) Subject to the provisions of chapter 59 of the laws of 2000 but 29 notwithstanding the provisions of section 18 of the urban development 30 corporation act, the corporation is hereby authorized to issue bonds or 31 notes in one or more series in an aggregate principal amount not to 32 exceed [five hundred one million five hundred thousand dollars33$501,500,000] five hundred twenty-two million five hundred thousand 34 dollars $522,500,000, excluding bonds issued to fund one or more debt 35 service reserve funds, to pay costs of issuance of such bonds, and bonds 36 or notes issued to refund or otherwise repay such bonds or notes previ- 37 ously issued, for the purpose of financing capital costs related to 38 homeland security and training facilities for the division of state 39 police, the division of military and naval affairs, and any other state 40 agency, including the reimbursement of any disbursements made from the 41 state capital projects fund, and is hereby authorized to issue bonds or 42 notes in one or more series in an aggregate principal amount not to 43 exceed [one billion seven hundred thirteen million eighty-six thousand44dollars $1,713,086,000] one billion eight hundred fifty-five million two 45 hundred eighty-six thousand dollars $1,855,286,000, excluding bonds 46 issued to fund one or more debt service reserve funds, to pay costs of 47 issuance of such bonds, and bonds or notes issued to refund or otherwise 48 repay such bonds or notes previously issued, for the purpose of financ- 49 ing improvements to State office buildings and other facilities located 50 statewide, including the reimbursement of any disbursements made from 51 the state capital projects fund. Such bonds and notes of the corporation 52 shall not be a debt of the state, and the state shall not be liable 53 thereon, nor shall they be payable out of any funds other than those 54 appropriated by the state to the corporation for debt service and 55 related expenses pursuant to any service contracts executed pursuant toS. 8306--C 186 A. 8806--C 1 subdivision (b) of this section, and such bonds and notes shall contain 2 on the face thereof a statement to such effect. 3 § 37. Subdivision 1 of section 47 of section 1 of chapter 174 of the 4 laws of 1968, constituting the New York state urban development corpo- 5 ration act, as amended by section 44 of part PP of chapter 56 of the 6 laws of 2023, is amended to read as follows: 7 1. Notwithstanding the provisions of any other law to the contrary, 8 the dormitory authority and the corporation are hereby authorized to 9 issue bonds or notes in one or more series for the purpose of funding 10 project costs for the office of information technology services, depart- 11 ment of law, and other state costs associated with such capital 12 projects. The aggregate principal amount of bonds authorized to be 13 issued pursuant to this section shall not exceed [one billion three14hundred fifty-three million eight hundred fifty-two thousand dollars15$1,353,852,000] one billion seven hundred forty-two million seven 16 hundred twelve thousand dollars $1,742,712,000, excluding bonds issued 17 to fund one or more debt service reserve funds, to pay costs of issuance 18 of such bonds, and bonds or notes issued to refund or otherwise repay 19 such bonds or notes previously issued. Such bonds and notes of the 20 dormitory authority and the corporation shall not be a debt of the 21 state, and the state shall not be liable thereon, nor shall they be 22 payable out of any funds other than those appropriated by the state to 23 the dormitory authority and the corporation for principal, interest, and 24 related expenses pursuant to a service contract and such bonds and notes 25 shall contain on the face thereof a statement to such effect. Except for 26 purposes of complying with the internal revenue code, any interest 27 income earned on bond proceeds shall only be used to pay debt service on 28 such bonds. 29 § 38. Subdivision (b) of section 11 of chapter 329 of the laws of 30 1991, amending the state finance law and other laws relating to the 31 establishment of the dedicated highway and bridge trust fund, as amended 32 by section 38 of part PP of chapter 56 of the laws of 2023, is amended 33 to read as follows: 34 (b) Any service contract or contracts for projects authorized pursuant 35 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 36 14-k of the transportation law, and entered into pursuant to subdivision 37 (a) of this section, shall provide for state commitments to provide 38 annually to the thruway authority a sum or sums, upon such terms and 39 conditions as shall be deemed appropriate by the director of the budget, 40 to fund, or fund the debt service requirements of any bonds or any obli- 41 gations of the thruway authority issued to fund or to reimburse the 42 state for funding such projects having a cost not in excess of [thirteen43billion nine hundred forty-nine million two hundred thirty-four thousand44dollars $13,949,234,000] fourteen billion eight hundred forty-four 45 million five hundred eighty-seven thousand dollars $14,844,587,000 46 cumulatively by the end of fiscal year [2023-24] 2024-25. For purposes 47 of this subdivision, such projects shall be deemed to include capital 48 grants to cities, towns and villages for the reimbursement of eligible 49 capital costs of local highway and bridge projects within such munici- 50 pality, where allocations to cities, towns and villages are based on the 51 total number of New York or United States or interstate signed touring 52 route miles for which such municipality has capital maintenance respon- 53 sibility, and where such eligible capital costs include the costs of 54 construction and repair of highways, bridges, highway-railroad cross- 55 ings, and other transportation facilities for projects with a service 56 life of ten years or more.S. 8306--C 187 A. 8806--C 1 § 39. Section 53 of section 1 of chapter 174 of the laws of 1968, 2 constituting the New York state urban development corporation act, as 3 amended by section 37 of part PP of chapter 56 of the laws of 2023, is 4 amended to read as follows: 5 § 53. 1. Notwithstanding the provisions of any other law to the 6 contrary, the dormitory authority and the urban development corporation 7 are hereby authorized to issue bonds or notes in one or more series for 8 the purpose of funding project costs for the acquisition of equipment, 9 including but not limited to the creation or modernization of informa- 10 tion technology systems and related research and development equipment, 11 health and safety equipment, heavy equipment and machinery, the creation 12 or improvement of security systems, and laboratory equipment and other 13 state costs associated with such capital projects. The aggregate prin- 14 cipal amount of bonds authorized to be issued pursuant to this section 15 shall not exceed [four hundred ninety-three million dollars16$493,000,000] five hundred ninety-three million dollars $593,000,000, 17 excluding bonds issued to fund one or more debt service reserve funds, 18 to pay costs of issuance of such bonds, and bonds or notes issued to 19 refund or otherwise repay such bonds or notes previously issued. Such 20 bonds and notes of the dormitory authority and the urban development 21 corporation shall not be a debt of the state, and the state shall not be 22 liable thereon, nor shall they be payable out of any funds other than 23 those appropriated by the state to the dormitory authority and the urban 24 development corporation for principal, interest, and related expenses 25 pursuant to a service contract and such bonds and notes shall contain on 26 the face thereof a statement to such effect. Except for purposes of 27 complying with the internal revenue code, any interest income earned on 28 bond proceeds shall only be used to pay debt service on such bonds. 29 2. Notwithstanding any other provision of law to the contrary, in 30 order to assist the dormitory authority and the urban development corpo- 31 ration in undertaking the financing for project costs for the acquisi- 32 tion of equipment, including but not limited to the creation or modern- 33 ization of information technology systems and related research and 34 development equipment, health and safety equipment, heavy equipment and 35 machinery, the creation or improvement of security systems, and labora- 36 tory equipment and other state costs associated with such capital 37 projects, the director of the budget is hereby authorized to enter into 38 one or more service contracts with the dormitory authority and the urban 39 development corporation, none of which shall exceed thirty years in 40 duration, upon such terms and conditions as the director of the budget 41 and the dormitory authority and the urban development corporation agree, 42 so as to annually provide to the dormitory authority and the urban 43 development corporation, in the aggregate, a sum not to exceed the prin- 44 cipal, interest, and related expenses required for such bonds and notes. 45 Any service contract entered into pursuant to this section shall provide 46 that the obligation of the state to pay the amount therein provided 47 shall not constitute a debt of the state within the meaning of any 48 constitutional or statutory provision and shall be deemed executory only 49 to the extent of monies available and that no liability shall be 50 incurred by the state beyond the monies available for such purpose, 51 subject to annual appropriation by the legislature. Any such contract or 52 any payments made or to be made thereunder may be assigned and pledged 53 by the dormitory authority and the urban development corporation as 54 security for its bonds and notes, as authorized by this section.S. 8306--C 188 A. 8806--C 1 § 40. Subdivision 3 of section 1285-p of the public authorities law, 2 as amended by section 29 of part PP of chapter 56 of the laws of 2023, 3 is amended to read as follows: 4 3. The maximum amount of bonds that may be issued for the purpose of 5 financing environmental infrastructure projects authorized by this 6 section shall be [nine billion three hundred thirty-five million seven7hundred ten thousand dollars $9,335,710,000] ten billion eight hundred 8 sixty-six million five hundred sixty thousand dollars $10,866,560,000, 9 exclusive of bonds issued to fund any debt service reserve funds, pay 10 costs of issuance of such bonds, and bonds or notes issued to refund or 11 otherwise repay bonds or notes previously issued. Such bonds and notes 12 of the corporation shall not be a debt of the state, and the state shall 13 not be liable thereon, nor shall they be payable out of any funds other 14 than those appropriated by the state to the corporation for debt service 15 and related expenses pursuant to any service contracts executed pursuant 16 to subdivision one of this section, and such bonds and notes shall 17 contain on the face thereof a statement to such effect. 18 § 41. Subdivision 1 of section 17 of part D of chapter 389 of the laws 19 of 1997, relating to the financing of the correctional facilities 20 improvement fund and the youth facility improvement fund, as amended by 21 section 34 of part PP of chapter 56 of the laws of 2023, is amended to 22 read as follows: 23 1. Subject to the provisions of chapter 59 of the laws of 2000, but 24 notwithstanding the provisions of section 18 of section 1 of chapter 174 25 of the laws of 1968, the New York state urban development corporation is 26 hereby authorized to issue bonds, notes and other obligations in an 27 aggregate principal amount not to exceed [one billion fourteen million28seven hundred thirty-five thousand dollars $1,014,735,000] one billion 29 sixty-six million seven hundred fifty-five thousand dollars 30 $1,066,755,000, which authorization increases the aggregate principal 31 amount of bonds, notes and other obligations authorized by section 40 of 32 chapter 309 of the laws of 1996, and shall include all bonds, notes and 33 other obligations issued pursuant to chapter 211 of the laws of 1990, as 34 amended or supplemented. The proceeds of such bonds, notes or other 35 obligations shall be paid to the state, for deposit in the youth facili- 36 ties improvement fund or the capital projects fund, to pay for all or 37 any portion of the amount or amounts paid by the state from appropri- 38 ations or reappropriations made to the office of children and family 39 services from the youth facilities improvement fund for capital 40 projects. The aggregate amount of bonds, notes and other obligations 41 authorized to be issued pursuant to this section shall exclude bonds, 42 notes or other obligations issued to refund or otherwise repay bonds, 43 notes or other obligations theretofore issued, the proceeds of which 44 were paid to the state for all or a portion of the amounts expended by 45 the state from appropriations or reappropriations made to the office of 46 children and family services; provided, however, that upon any such 47 refunding or repayment the total aggregate principal amount of outstand- 48 ing bonds, notes or other obligations may be greater than [one billion49fourteen million seven hundred thirty-five thousand dollars50$1,014,735,000] one billion sixty-six million seven hundred fifty-five 51 thousand dollars $1,066,755,000, only if the present value of the aggre- 52 gate debt service of the refunding or repayment bonds, notes or other 53 obligations to be issued shall not exceed the present value of the 54 aggregate debt service of the bonds, notes or other obligations so to be 55 refunded or repaid. For the purposes hereof, the present value of the 56 aggregate debt service of the refunding or repayment bonds, notes orS. 8306--C 189 A. 8806--C 1 other obligations and of the aggregate debt service of the bonds, notes 2 or other obligations so refunded or repaid, shall be calculated by 3 utilizing the effective interest rate of the refunding or repayment 4 bonds, notes or other obligations, which shall be that rate arrived at 5 by doubling the semi-annual interest rate (compounded semi-annually) 6 necessary to discount the debt service payments on the refunding or 7 repayment bonds, notes or other obligations from the payment dates ther- 8 eof to the date of issue of the refunding or repayment bonds, notes or 9 other obligations and to the price bid including estimated accrued 10 interest or proceeds received by the corporation including estimated 11 accrued interest from the sale thereof. 12 § 42. Subdivision 1 of section 386-b of the public authorities law, as 13 amended by section 41 of part PP of chapter 56 of the laws of 2023, is 14 amended to read as follows: 15 1. Notwithstanding any other provision of law to the contrary, the 16 authority, the dormitory authority and the urban development corporation 17 are hereby authorized to issue bonds or notes in one or more series for 18 the purpose of financing peace bridge projects and capital costs of 19 state and local highways, parkways, bridges, the New York state thruway, 20 Indian reservation roads, and facilities, and transportation infrastruc- 21 ture projects including aviation projects, non-MTA mass transit 22 projects, and rail service preservation projects, including work appur- 23 tenant and ancillary thereto. The aggregate principal amount of bonds 24 authorized to be issued pursuant to this section shall not exceed 25 [twelve billion three hundred eight million three hundred eleven thou-26sand dollars $12,308,311,000] fifteen billion two hundred forty million 27 six hundred sixty-nine thousand dollars $15,240,669,000, excluding bonds 28 issued to fund one or more debt service reserve funds, to pay costs of 29 issuance of such bonds, and to refund or otherwise repay such bonds or 30 notes previously issued. Such bonds and notes of the authority, the 31 dormitory authority and the urban development corporation shall not be a 32 debt of the state, and the state shall not be liable thereon, nor shall 33 they be payable out of any funds other than those appropriated by the 34 state to the authority, the dormitory authority and the urban develop- 35 ment corporation for principal, interest, and related expenses pursuant 36 to a service contract and such bonds and notes shall contain on the face 37 thereof a statement to such effect. Except for purposes of complying 38 with the internal revenue code, any interest income earned on bond 39 proceeds shall only be used to pay debt service on such bonds. 40 § 43. Section 44 of section 1 of chapter 174 of the laws of 1968, 41 constituting the New York state urban development corporation act, as 42 amended by section 40 of part PP of chapter 56 of the laws of 2023, is 43 amended to read as follows: 44 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the 45 provisions of any other law to the contrary, the dormitory authority and 46 the corporation are hereby authorized to issue bonds or notes in one or 47 more series for the purpose of funding project costs for the regional 48 economic development council initiative, the economic transformation 49 program, state university of New York college for nanoscale and science 50 engineering, projects within the city of Buffalo or surrounding envi- 51 rons, the New York works economic development fund, projects for the 52 retention of professional football in western New York, the empire state 53 economic development fund, the clarkson-trudeau partnership, the New 54 York genome center, the cornell university college of veterinary medi- 55 cine, the olympic regional development authority, projects at nano 56 Utica, onondaga county revitalization projects, Binghamton universityS. 8306--C 190 A. 8806--C 1 school of pharmacy, New York power electronics manufacturing consortium, 2 regional infrastructure projects, high tech innovation and economic 3 development infrastructure program, high technology manufacturing 4 projects in Chautauqua and Erie county, an industrial scale research and 5 development facility in Clinton county, upstate revitalization initi- 6 ative projects, downstate revitalization initiative, market New York 7 projects, fairground buildings, equipment or facilities used to house 8 and promote agriculture, the state fair, the empire state trail, the 9 moynihan station development project, the Kingsbridge armory project, 10 strategic economic development projects, the cultural, arts and public 11 spaces fund, water infrastructure in the city of Auburn and town of 12 Owasco, a life sciences laboratory public health initiative, not-for- 13 profit pounds, shelters and humane societies, arts and cultural facili- 14 ties improvement program, restore New York's communities initiative, 15 heavy equipment, economic development and infrastructure projects, 16 Roosevelt Island operating corporation capital projects, Lake Ontario 17 regional projects, Pennsylvania station and other transit projects, 18 athletic facilities for professional football in Orchard Park, New York, 19 Rush - NY, New York AI Consortium, New York Creates UEV Tool, and other 20 state costs associated with such projects. The aggregate principal 21 amount of bonds authorized to be issued pursuant to this section shall 22 not exceed [seventeen billion six hundred fifty-five million six hundred23two thousand dollars $17,655,602,000] twenty billion eight hundred 24 seventy-eight million one hundred ninety-four thousand dollars 25 $20,878,194,000, excluding bonds issued to fund one or more debt service 26 reserve funds, to pay costs of issuance of such bonds, and bonds or 27 notes issued to refund or otherwise repay such bonds or notes previously 28 issued. Such bonds and notes of the dormitory authority and the corpo- 29 ration shall not be a debt of the state, and the state shall not be 30 liable thereon, nor shall they be payable out of any funds other than 31 those appropriated by the state to the dormitory authority and the 32 corporation for principal, interest, and related expenses pursuant to a 33 service contract and such bonds and notes shall contain on the face 34 thereof a statement to such effect. Except for purposes of complying 35 with the internal revenue code, any interest income earned on bond 36 proceeds shall only be used to pay debt service on such bonds. 37 2. Notwithstanding any other provision of law to the contrary, in 38 order to assist the dormitory authority and the corporation in undertak- 39 ing the financing for project costs for the regional economic develop- 40 ment council initiative, the economic transformation program, state 41 university of New York college for nanoscale and science engineering, 42 projects within the city of Buffalo or surrounding environs, the New 43 York works economic development fund, projects for the retention of 44 professional football in western New York, the empire state economic 45 development fund, the clarkson-trudeau partnership, the New York genome 46 center, the cornell university college of veterinary medicine, the olym- 47 pic regional development authority, projects at nano Utica, onondaga 48 county revitalization projects, Binghamton university school of pharma- 49 cy, New York power electronics manufacturing consortium, regional 50 infrastructure projects, New York State Capital Assistance Program for 51 Transportation, infrastructure, and economic development, high tech 52 innovation and economic development infrastructure program, high tech- 53 nology manufacturing projects in Chautauqua and Erie county, an indus- 54 trial scale research and development facility in Clinton county, upstate 55 revitalization initiative projects, downstate revitalization initiative, 56 market New York projects, fairground buildings, equipment or facilitiesS. 8306--C 191 A. 8806--C 1 used to house and promote agriculture, the state fair, the empire state 2 trail, the moynihan station development project, the Kingsbridge armory 3 project, strategic economic development projects, the cultural, arts and 4 public spaces fund, water infrastructure in the city of Auburn and town 5 of Owasco, a life sciences laboratory public health initiative, not-for- 6 profit pounds, shelters and humane societies, arts and cultural facili- 7 ties improvement program, restore New York's communities initiative, 8 heavy equipment, economic development and infrastructure projects, 9 Roosevelt Island operating corporation capital projects, Lake Ontario 10 regional projects, Pennsylvania station and other transit projects, 11 athletic facilities for professional football in Orchard Park, New York, 12 Rush - NY, New York AI Consortium, New York Creates UEV Tool, and other 13 state costs associated with such projects the director of the budget is 14 hereby authorized to enter into one or more service contracts with the 15 dormitory authority and the corporation, none of which shall exceed 16 thirty years in duration, upon such terms and conditions as the director 17 of the budget and the dormitory authority and the corporation agree, so 18 as to annually provide to the dormitory authority and the corporation, 19 in the aggregate, a sum not to exceed the principal, interest, and 20 related expenses required for such bonds and notes. Any service contract 21 entered into pursuant to this section shall provide that the obligation 22 of the state to pay the amount therein provided shall not constitute a 23 debt of the state within the meaning of any constitutional or statutory 24 provision and shall be deemed executory only to the extent of monies 25 available and that no liability shall be incurred by the state beyond 26 the monies available for such purpose, subject to annual appropriation 27 by the legislature. Any such contract or any payments made or to be made 28 thereunder may be assigned and pledged by the dormitory authority and 29 the corporation as security for its bonds and notes, as authorized by 30 this section. 31 § 44. Subdivision (a) of section 28 of part Y of chapter 61 of the 32 laws of 2005, relating to providing for the administration of certain 33 funds and accounts related to the 2005-2006 budget, as amended by 34 section 36 of part PP of chapter 56 of the laws of 2023, is amended to 35 read as follows: 36 (a) Subject to the provisions of chapter 59 of the laws of 2000, but 37 notwithstanding any provisions of law to the contrary, one or more 38 authorized issuers as defined by section 68-a of the state finance law 39 are hereby authorized to issue bonds or notes in one or more series in 40 an aggregate principal amount not to exceed [two hundred forty-seven41million dollars $247,000,000] two hundred ninety-seven million dollars 42 $297,000,000, excluding bonds issued to finance one or more debt service 43 reserve funds, to pay costs of issuance of such bonds, and bonds or 44 notes issued to refund or otherwise repay such bonds or notes previously 45 issued, for the purpose of financing capital projects for public 46 protection facilities in the Division of Military and Naval Affairs, 47 debt service and leases; and to reimburse the state general fund for 48 disbursements made therefor. Such bonds and notes of such authorized 49 issuer shall not be a debt of the state, and the state shall not be 50 liable thereon, nor shall they be payable out of any funds other than 51 those appropriated by the state to such authorized issuer for debt 52 service and related expenses pursuant to any service contract executed 53 pursuant to subdivision (b) of this section and such bonds and notes 54 shall contain on the face thereof a statement to such effect. Except for 55 purposes of complying with the internal revenue code, any interestS. 8306--C 192 A. 8806--C 1 income earned on bond proceeds shall only be used to pay debt service on 2 such bonds. 3 § 45. Subdivision 1 of section 50 of section 1 of chapter 174 of the 4 laws of 1968, constituting the New York state urban development corpo- 5 ration act, as amended by section 43 of part PP of chapter 56 of the 6 laws of 2023, is amended to read as follows: 7 1. Notwithstanding the provisions of any other law to the contrary, 8 the dormitory authority and the urban development corporation are hereby 9 authorized to issue bonds or notes in one or more series for the purpose 10 of funding project costs undertaken by or on behalf of the state educa- 11 tion department, special act school districts, state-supported schools 12 for the blind and deaf, approved private special education schools, 13 non-public schools, community centers, day care facilities, residential 14 camps, day camps, Native American Indian Nation schools, and other state 15 costs associated with such capital projects. The aggregate principal 16 amount of bonds authorized to be issued pursuant to this section shall 17 not exceed [three hundred twenty-one million seven hundred ninety-nine18thousand dollars $321,799,000] three hundred ninety-six million eight 19 hundred ninety-eight thousand dollars $396,898,000, excluding bonds 20 issued to fund one or more debt service reserve funds, to pay costs of 21 issuance of such bonds, and bonds or notes issued to refund or otherwise 22 repay such bonds or notes previously issued. Such bonds and notes of the 23 dormitory authority and the urban development corporation shall not be a 24 debt of the state, and the state shall not be liable thereon, nor shall 25 they be payable out of any funds other than those appropriated by the 26 state to the dormitory authority and the urban development corporation 27 for principal, interest, and related expenses pursuant to a service 28 contract and such bonds and notes shall contain on the face thereof a 29 statement to such effect. Except for purposes of complying with the 30 internal revenue code, any interest income earned on bond proceeds shall 31 only be used to pay debt service on such bonds. 32 § 46. Subdivision 1 of section 1680-k of the public authorities law, 33 as amended by section 47 of part PP of chapter 56 of the laws of 2023, 34 is amended to read as follows: 35 1. Subject to the provisions of chapter fifty-nine of the laws of two 36 thousand, but notwithstanding any provisions of law to the contrary, the 37 dormitory authority is hereby authorized to issue bonds or notes in one 38 or more series in an aggregate principal amount not to exceed [forty39million nine hundred forty-five thousand dollars $40,945,000] forty-one 40 million sixty thousand dollars $41,060,000, excluding bonds issued to 41 finance one or more debt service reserve funds, to pay costs of issuance 42 of such bonds, and bonds or notes issued to refund or otherwise repay 43 such bonds or notes previously issued, for the purpose of financing the 44 construction of the New York state agriculture and markets food labora- 45 tory. Eligible project costs may include, but not be limited to the cost 46 of design, financing, site investigations, site acquisition and prepara- 47 tion, demolition, construction, rehabilitation, acquisition of machinery 48 and equipment, and infrastructure improvements. Such bonds and notes of 49 such authorized issuers shall not be a debt of the state, and the state 50 shall not be liable thereon, nor shall they be payable out of any funds 51 other than those appropriated by the state to such authorized issuers 52 for debt service and related expenses pursuant to any service contract 53 executed pursuant to subdivision two of this section and such bonds and 54 notes shall contain on the face thereof a statement to such effect. 55 Except for purposes of complying with the internal revenue code, anyS. 8306--C 193 A. 8806--C 1 interest income earned on bond proceeds shall only be used to pay debt 2 service on such bonds. 3 § 47. Paragraph (b) of subdivision 3 and clause (B) of subparagraph 4 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap- 5 ter 63 of the laws of 2005, relating to the composition and responsibil- 6 ities of the New York state higher education capital matching grant 7 board, as amended by section 48 of part PP of chapter 56 of the laws of 8 2023, are amended to read as follows: 9 (b) Within amounts appropriated therefor, the board is hereby author- 10 ized and directed to award matching capital grants totaling [three11hundred eighty-five million dollars, $385,000,000] four hundred twenty- 12 five million dollars $425,000,000. Each college shall be eligible for a 13 grant award amount as determined by the calculations pursuant to subdi- 14 vision five of this section. In addition, such colleges shall be eligi- 15 ble to compete for additional funds pursuant to paragraph (h) of subdi- 16 vision four of this section. 17 (B) The dormitory authority shall not issue any bonds or notes in an 18 amount in excess of [three hundred eighty-five million dollars,19$385,000,000] four hundred twenty-five million dollars $425,000,000 for 20 the purposes of this section; excluding bonds or notes issued to fund 21 one or more debt service reserve funds, to pay costs of issuance of such 22 bonds, and bonds or notes issued to refund or otherwise repay such bonds 23 or notes previously issued. Except for purposes of complying with the 24 internal revenue code, any interest on bond proceeds shall only be used 25 to pay debt service on such bonds. 26 § 48. Paragraph a of subdivision 1 of section 9-a of section 1 of 27 chapter 392 of the laws of 1973, constituting the New York state medical 28 care facilities finance agency act, as amended by chapter 479 of the 29 laws of 2022, is amended to read as follows: 30 a. "Mental health services facility" shall mean a building, a unit 31 within a building, a laboratory, a classroom, a housing unit, a dining 32 hall, an activities center, a library, real property of any kind or 33 description, or any structure on or improvement to real property of any 34 kind or description, including fixtures and equipment which may or may 35 not be an integral part of any such building, unit, structure or 36 improvement, a walkway, a roadway or a parking lot, and improvements and 37 connections for water, sewer, gas, electrical, telephone, heating, air 38 conditioning and other utility services, or a combination of any of the 39 foregoing, whether for patient care and treatment or staff, staff family 40 or service use, located at or related to any psychiatric center, any 41 developmental center, or any state psychiatric or research institute or 42 other facility now or hereafter established under the state department 43 of mental hygiene. A mental health services facility shall also mean and 44 include a residential care center for adults, a community residence, a 45 "community mental health and developmental disabilities facility", and a 46 state or voluntary operated treatment facility for use in the conduct of 47 an alcoholism or substance abuse treatment program as defined in the 48 mental hygiene law, unless such residential care center for adults, 49 community mental health and developmental disabilities facility or alco- 50 holism or substance abuse facility is expressly excepted or the context 51 clearly requires otherwise. The definition contained in this subdivision 52 shall not be construed to exclude therefrom a facility, whether or not 53 owned or leased by a voluntary agency, to be made available under lease, 54 or sublease, from the facilities development corporation to a voluntary 55 agency at the request of the commissioners of the offices and directors 56 of the divisions of the department of mental hygiene having jurisdictionS. 8306--C 194 A. 8806--C 1 thereof for use in providing services in a residential care center for 2 adults, community mental health and developmental disabilities services, 3 or for use in the conduct of an alcoholism or substance abuse treatment 4 program. For purposes of this section mental health services facility 5 shall also mean mental hygiene facility as defined in subdivision ten of 6 section three of the facilities development corporation act and shall 7 also include facilities for: (i) comprehensive psychiatric emergency 8 programs and/or psychiatric inpatient programs or other similar 9 programs, including but not limited to residential treatment facilities, 10 under the auspice of municipalities and other public and not-for-profit 11 agencies, licensed pursuant to article thirty-one of the mental hygiene 12 law and/or article twenty-eight of the public health law; and (ii) 13 licensed or unlicensed permanent, transitional, or emergency housing for 14 mentally ill persons under the auspice of municipalities and other 15 public and not-for-profit agencies, approved by the commissioner of the 16 office of mental health, pursuant to article forty-one of the mental 17 hygiene law. 18 § 49. Notwithstanding any law to the contrary, the comptroller is 19 hereby authorized and directed to transfer, upon request of the director 20 of the budget, on or before March 31, 2025 the following amounts from 21 the following special revenue accounts or enterprise funds to the gener- 22 al fund, for the purposes of offsetting principal and interest costs, 23 incurred by the state pursuant to section 386-a of the public authori- 24 ties law, provided that the annual amount of the transfer shall be no 25 more than the principal and interest that would have otherwise been due 26 to the power authority of the state of New York, from any state agency, 27 in a given state fiscal year. Amounts pertaining to special revenue 28 accounts assigned to the state university of New York shall be consid- 29 ered interchangeable between the designated special revenue accounts as 30 to meet the requirements of this section and section 386-a of the public 31 authorities law: 32 1. $15,000,000 from the miscellaneous special revenue fund, state 33 university general income reimbursable account (22653). 34 2. $5,000,000 from state university dormitory income fund, state 35 university dormitory income fund (40350). 36 3. $5,000,000 from the enterprise fund, city university senior college 37 operating fund (60851). 38 § 50. Subdivision 6-a of section 2 of the state finance law, as added 39 by chapter 837 of the laws of 1983, is amended to read as follows: 40 6-a. "Fixed assets". (i) Assets of a long-term, tangible character 41 which are intended to continue to be held or used, such as land, build- 42 ings, improvements, machinery, and equipment, and (ii) assets that 43 provide a long-term interest in land, including conservation easements. 44 § 51. Subdivision 2 of section 2976 of the public authorities law, as 45 amended by section 1 of part FF of chapter 59 of the laws of 2009, is 46 amended to read as follows: 47 2. The bond issuance charge shall be computed by multiplying the prin- 48 cipal amount of bonds issued by the percentage set forth in the schedule 49 below, provided that: (a) the charge applicable to the principal amount 50 of single family mortgage revenue bonds shall be seven one-hundredths of 51 one percent; (b) the issuance of bonds shall not include the remarketing 52 of bonds; and (c) the issuance of bonds shall not include the [current] 53 refunding of [short term] bonds, notes or other obligations [for which54the bond issuance charge provided by this section has been paid,55provided that such current refunding (i) occurs within one year from the56issuance of the refunded obligations, or (ii) is part of a programS. 8306--C 195 A. 8806--C 1created by a single indenture or bond resolution that provides for the2periodic issuance and refunding of short term obligations]. 3 SCHEDULE 4 Principal Amount of Bonds Issued Percentage Charge 5 a. [$1,000,000] $20,000,000 or less [.168%] 0% 6 b. [$1,000,001 to $5,000,000 .336%7c. $5,000,001 to $10,000,000 .504%8d. $10,000,001 to $20,000,000 .672%9e.] More than $20,000,000 [.84%] .35% 10 § 52. Subdivision 5 of section 68-b of the state finance law, as added 11 by section 2 of part I of chapter 383 of the laws of 2001, is amended to 12 read as follows: 13 5. The authorized issuers, subject to such agreements with holders of 14 revenue bonds as may then exist, or with the providers of any applicable 15 bond or note or other financial or agreement facility, shall have power 16 out of any funds available therefor to purchase revenue bonds of the 17 authorized issuers, which may or may not thereupon be canceled, at a 18 price not exceeding: 19 (a) if the revenue bonds are then redeemable, the redemption price 20 then applicable, including any accrued interest; or 21 (b) if the revenue bonds are not then redeemable, the redemption price 22 and accrued interest applicable on the first date after such purchase 23 upon which the revenue bonds become subject to redemption; or 24 (c) whether or not the revenue bonds are then redeemable, at a redemp- 25 tion price that provides present value savings to the state, as certi- 26 fied in writing by an independent financial advisor. 27 No later than seven days after a redemption pursuant to paragraph (c) 28 of this subdivision, the director of the budget shall provide such writ- 29 ten certification to the chair of the senate finance committee and the 30 chair of the assembly ways and means committee. 31 § 53. Subdivision 5 of section 69-n of the state finance law, as added 32 by section 58 of part HH of chapter 57 of the laws of 2013, is amended 33 to read as follows: 34 5. The authorized issuers, subject to such agreements with holders of 35 revenue bonds as may then exist, or with the providers of any applicable 36 bond or note or other financial or agreement facility, shall have power 37 out of any funds available therefor to purchase revenue bonds of the 38 authorized issuers, which may or may not thereupon be canceled, at a 39 price not exceeding: 40 (a) If the revenue bonds are then redeemable, the redemption price 41 then applicable, including any accrued interest; or 42 (b) If the revenue bonds are not then redeemable, the redemption price 43 and accrued interest applicable on the first date after such purchase 44 upon which the revenue bonds become subject to redemption; or 45 (c) Whether or not the revenue bonds are then redeemable, at a redemp- 46 tion price that provides present value savings to the state, as certi- 47 fied in writing by an independent financial advisor. 48 No later than seven days after a redemption pursuant to paragraph (c) 49 of this subdivision, the director of the budget shall provide such writ- 50 ten certification to the chair of the senate finance committee and the 51 chair of the assembly ways and means committee. 52 § 54. Paragraph (b) of subdivision 1 of section 54-b of section 1 of 53 chapter 174 of the laws of 1968 constituting the New York state urban 54 development corporation act, as amended by section 49 of part PP of 55 chapter 56 of the laws of 2023, is amended to read as follows:S. 8306--C 196 A. 8806--C 1 (b) Notwithstanding any other provision of law to the contrary, 2 including, specifically, the provisions of chapter 59 of the laws of 3 2000 and section sixty-seven-b of the state finance law, the dormitory 4 authority of the state of New York and the corporation are hereby 5 authorized to issue personal income tax revenue anticipation notes with 6 a maturity no later than March 31, [2024] 2025, in one or more series in 7 an aggregate principal amount for each fiscal year not to exceed three 8 billion dollars, and to pay costs of issuance of such notes, for the 9 purpose of temporarily financing budgetary needs of the state. Such 10 purpose shall constitute an authorized purpose under subdivision two of 11 section sixty-eight-a of the state finance law for all purposes of arti- 12 cle five-C of the state finance law with respect to the notes authorized 13 by this paragraph. Such notes shall not be renewed, extended or 14 refunded. For so long as any notes authorized by this paragraph shall be 15 outstanding, the restrictions, limitations and requirements contained in 16 article five-B of the state finance law shall not apply. 17 § 55. Subdivision 1 of section 386-a of the public authorities law, as 18 amended by section 54 of part PP of chapter 56 of the laws of 2023, is 19 amended to read as follows: 20 1. Notwithstanding any other provision of law to the contrary, the 21 authority, the dormitory authority and the urban development corporation 22 are hereby authorized to issue bonds or notes in one or more series for 23 the purpose of assisting the metropolitan transportation authority in 24 the financing of transportation facilities as defined in subdivision 25 seventeen of section twelve hundred sixty-one of this chapter or other 26 capital projects. The aggregate principal amount of bonds authorized to 27 be issued pursuant to this section shall not exceed twelve billion five 28 hundred fifteen million eight hundred fifty-six thousand dollars 29 $12,515,856,000, excluding bonds issued to fund one or more debt service 30 reserve funds, to pay costs of issuance of such bonds, and to refund or 31 otherwise repay such bonds or notes previously issued. Such bonds and 32 notes of the authority, the dormitory authority and the urban develop- 33 ment corporation shall not be a debt of the state, and the state shall 34 not be liable thereon, nor shall they be payable out of any funds other 35 than those appropriated by the state to the authority, the dormitory 36 authority and the urban development corporation for principal, interest, 37 and related expenses pursuant to a service contract and such bonds and 38 notes shall contain on the face thereof a statement to such effect. 39 Except for purposes of complying with the internal revenue code, any 40 interest income earned on bond proceeds shall only be used to pay debt 41 service on such bonds. Notwithstanding any other provision of law to the 42 contrary, including the limitations contained in subdivision four of 43 section sixty-seven-b of the state finance law, (A) any bonds and notes 44 issued prior to April first, two thousand [twenty-four] twenty-seven 45 pursuant to this section may be issued with a maximum maturity of fifty 46 years, and (B) any bonds issued to refund such bonds and notes may be 47 issued with a maximum maturity of fifty years from the respective date 48 of original issuance of such bonds and notes. 49 § 56. This act shall take effect immediately and shall be deemed to 50 have been in full force and effect on and after April 1, 2024; provided, 51 however, that the provisions of sections one, two, three, four, five, 52 six, seven, eight, fourteen, fifteen, sixteen, seventeen, eighteen, 53 nineteen, twenty, twenty-one, twenty-two, twenty-three, and twenty-four 54 of this act shall expire March 31, 2025; and provided, further, that 55 sections twenty-five and twenty-six of this act shall expire March 31,S. 8306--C 197 A. 8806--C 1 2027, when upon such dates the provisions of such sections shall be 2 deemed repealed. 3 PART YY 4 Section 1. Section 13 of chapter 141 of the laws of 1994, amending the 5 legislative law and the state finance law relating to the operation and 6 administration of the legislature, as amended by section 1 of part DD of 7 chapter 55 of the laws of 2023, is amended to read as follows: 8 § 13. This act shall take effect immediately and shall be deemed to 9 have been in full force and effect as of April 1, 1994, provided that, 10 the provisions of section 5-a of the legislative law as amended by 11 sections two and two-a of this act shall take effect on January 1, 1995, 12 and provided further that, the provisions of article 5-A of the legisla- 13 tive law as added by section eight of this act shall expire June 30, 14 [2024] 2025 when upon such date the provisions of such article shall be 15 deemed repealed; and provided further that section twelve of this act 16 shall be deemed to have been in full force and effect on and after April 17 10, 1994. 18 § 2. This act shall not supersede the findings and determinations made 19 by the compensation committee as authorized pursuant to part HHH of 20 chapter 59 of the laws of 2018 unless a court of competent jurisdiction 21 determines that such findings and determinations are invalid or other- 22 wise not applicable or in force. 23 § 3. This act shall take effect immediately, provided, however, if 24 this act shall take effect on or after June 30, 2024, this act shall be 25 deemed to have been in full force and effect on and after June 30, 2024. 26 PART ZZ 27 Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section 28 2590-b of the education law is amended by adding a new clause (D) to 29 read as follows: 30 (D) Commencing on July first, two thousand twenty-four, the board of 31 education shall consist of twenty-four voting members: one member to be 32 appointed by each borough president of the city of New York; five 33 members, one from each borough of the city of New York, to be elected by 34 community district education council presidents; one independent member 35 who shall serve as chair of the board and who shall be selected as 36 established in subparagraph three of this paragraph; and thirteen 37 members to be appointed by the mayor of the city of New York. The 38 initial term of the chair selected pursuant to subparagraph three of 39 this paragraph shall commence on September fifteenth, two thousand twen- 40 ty-four and shall end on September fourteenth, two thousand twenty-five; 41 thereafter the chair shall serve for a one-year term commencing on 42 September fifteenth. The chancellor shall continue regulations promul- 43 gated under clause (C) of this subparagraph establishing a process for 44 community district education council presidents to elect members of the 45 board, and processes for removal of such members and for the filling of 46 such positions in the event of a vacancy. Appointed members and members 47 elected by community district education council presidents pursuant to 48 clause (C) of this subparagraph and commencing a term on July first, two 49 thousand twenty-four shall serve a term that ends on June thirtieth, two 50 thousand twenty-five. Thereafter, appointed members and the members 51 elected by community district education council presidents shall serve 52 for a one-year term commencing on July first.S. 8306--C 198 A. 8806--C 1 § 2. Subparagraph 3 of paragraph (a) of subdivision 1 of section 2 2590-b of the education law, as amended by chapter 364 of the laws of 3 2022, is amended to read as follows: 4 (3) The [city board] independent member who shall [elect its own5chairperson from among its voting members] serve as chair of the board 6 shall be selected by the mayor of the city of New York from among three 7 qualified candidates, one nominated by the speaker of the assembly, one 8 nominated by the majority leader of the senate, and one nominated by the 9 chancellor of the board of regents. If the mayor of the city of New York 10 shall not accept any of the three candidates, up to two additional 11 groups of three will be submitted to the mayor of the city of New York 12 for consideration. The mayor of the city of New York must select a 13 candidate from among the nominees no later than September fifteenth of 14 each year. An individual selected to serve as chair may be reappointed 15 by the mayor of the city of New York to serve an additional one-year 16 term, provided such reappointment will be made on or before June thirti- 17 eth of each year, and provided further that no individual may serve as 18 chair for more than two terms consecutively. If the individual serving 19 as chair is not reappointed by the mayor of the city of New York, is 20 term limited pursuant to this subparagraph, or the role of chair becomes 21 vacant for any reason, the selection of a new member to serve as chair 22 will be completed through the process as established in this subpara- 23 graph. 24 § 3. Subparagraph 2 of paragraph c of subdivision 8 of section 2590-c 25 of the education law, as amended by section 43-c of part YYY of chapter 26 59 of the laws of 2019, is amended to read as follows: 27 (2) after reviewing the recommendations of the task force described in 28 subdivision nine of this section, develop election procedures for commu- 29 nity council members which shall attempt to ensure membership that 30 reflects a representative cross-section of the communities within the 31 school district and diversity of the student population including those 32 with particular educational needs, shall include consideration of the 33 enrollment figures within each community district and the potential 34 disparity of such enrollment from school to school within the district, 35 and shall ensure that, to the extent possible, a school may have no more 36 than one parent representative on the community council. Such measures 37 shall ensure that at least one position on the community council is 38 filled by a parent of a current student who is or has been at any time 39 an English language learner, and at least one position is filled by a 40 parent of a student who has or has at any time had an individualized 41 education program, and shall allow for the seven remaining positions to 42 be filled by parents who are otherwise eligible. Such election proce- 43 dures shall ensure that no candidate is elected by a margin of less than 44 one vote. 45 § 4. Paragraph b of subdivision 5-a of section 2576 of the education 46 law, as added by chapter 91 of the laws of 2002, is amended and a new 47 paragraph c is added to read as follows: 48 b. The city amount in a budget adopted by the council pursuant to 49 section two hundred fifty-four of the New York city charter shall not be 50 less than the city amount appropriated in the base year as determined at 51 the time of adoption of the budget for the ensuing fiscal year and shall 52 be consistent with the requirements of the certification described in 53 subdivision six of section two hundred eleven-d of this chapter. 54 Provided, however, in the event the total amount of city funds relied 55 upon to balance such budget is lower than the total amount of city funds 56 appropriated in the base year, determined at the time of adoption ofS. 8306--C 199 A. 8806--C 1 such budget pursuant to a process developed by the department in consul- 2 tation with the city of New York and the labor organization representing 3 teachers that identifies a methodology for the allocation of appropri- 4 ations between fiscal years and prescribes a form upon the approval of 5 the director of budget for the certifications required by this subdivi- 6 sion, the city amount may be reduced by up to the same percentage as the 7 overall percentage decrease in city funds between the base year and the 8 ensuing fiscal year. Before such budget may be certified pursuant to 9 section two hundred fifty-six of the New York city charter, the mayor of 10 the city of New York and an independent certified public accountant 11 shall certify to the commissioner, in a form prescribed by the commis- 12 sioner upon the approval of the director of budget, that the city amount 13 appropriated in such budget is (i) in compliance with this paragraph; 14 (ii) consistent with the requirements of subdivision six of section two 15 hundred eleven-d of this chapter; and (iii) sufficient to ensure indi- 16 vidual schools can meet the class size compliance targets set forth in 17 subdivision two of section two hundred eleven-d of this chapter. If a 18 budget is adopted pursuant to section two hundred fifty-four of the New 19 York city charter or certified pursuant to section two hundred fifty-six 20 of such charter in violation of this paragraph, the council shall have 21 sixty days to adopt a budget compliant with this paragraph and have such 22 budget certified in accordance with the provisions of this paragraph. 23 Should the budget not be adopted and certified within sixty days, the 24 amount by which the budget is non-compliant shall be withheld from the 25 foundation aid allotment until such time as the budget is certified as 26 compliant with this paragraph. 27 c. Actual budget expenditures shall be certified in October following 28 the close of the fiscal year to ensure compliance with paragraph b of 29 this subdivision. If the budget expenditures are not compliant with 30 paragraph b of this subdivision, the council will appropriate funds in 31 the amount of the discrepancy as part of the November modification, 32 pursuant to subdivision b of section one hundred seven of the New York 33 city charter. 34 § 5. Subdivision 6 of section 211-d of the education law, as added by 35 section 12 of part A of chapter 57 of the laws of 2007, is amended to 36 read as follows: 37 6. [The] (a) Increases in total foundation aid and supplemental educa- 38 tional improvement plan grants shall be used to supplement, and not 39 supplant funds allocated by the district in the base year for all 40 purposes set forth in subdivision three of this section. In a city of 41 one million or more, the city school district will provide the collec- 42 tive bargaining unit for teachers with the list of budget codes in which 43 funding provided under this section is utilized for a budget that would 44 begin July first, two thousand twenty-five and after. Except in a city 45 of one million or more, the school district audit report certified to 46 the commissioner by an independent certified public accountant[,] or an 47 independent accountant [or the comptroller of the city of New York] 48 pursuant to section twenty-one hundred sixteen-a of this chapter shall 49 include a certification by such accountant [or comptroller] in a form 50 prescribed by the commissioner [and that the increases in total founda-51tion aid and supplemental educational improvement plan grants have been52used to supplement, and not supplant funds allocated by the district in53the base year for such purposes] of compliance with the first sentence 54 of this subdivision. 55 (b) Within ten days of adoption of a budget by the city of New York, 56 an independent certified public accountant, or an independent accountantS. 8306--C 200 A. 8806--C 1 or the comptroller of such city shall certify in a form prescribed by 2 the commissioner that (i) an audit by such office has confirmed that 3 increases in total foundation aid and supplemental improvement grants in 4 the base year were used to supplement, and not supplant funds allocated 5 by the district in the previous year and (ii) in the adopted budget, 6 increases in total foundation aid and supplemental improvement grants 7 supplement, not supplant funds allocated by the district in the base 8 year for such purposes. 9 Upon a determination that either (i) increases in total foundation aid 10 and supplemental improvement grants in the base year were used to 11 supplant funds allocated by the district, or (ii) increases in total 12 foundation aid and supplemental improvement grants as appropriated will 13 supplant funds allocated by the district in the base year, the district 14 shall be ordered to restore funds in such amounts as to eliminate the 15 violation. 16 § 6. Section 34 of chapter 91 of the laws of 2002, amending the educa- 17 tion law and other laws relating to reorganization of the New York city 18 school construction authority, board of education and community boards, 19 as amended by chapter 364 of the laws of 2022, is amended to read as 20 follows: 21 § 34. This act shall take effect July 1, 2002; provided, that sections 22 one through twenty, twenty-four, and twenty-six through thirty of this 23 act shall expire and be deemed repealed June 30, [2024] 2026 provided, 24 further that subdivision 5-a of section 2576 of the education law, as 25 added by section five of this act, shall not expire therewith, and 26 provided, further, that notwithstanding any provision of article 5 of 27 the general construction law, on June 30, [2024] 2026 the provisions of 28 subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, 29 paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of 30 section 2554 of the education law as repealed by section three of this 31 act, subdivision 1 of section 2590-b of the education law as repealed by 32 section six of this act, paragraph (a) of subdivision 2 of section 33 2590-b of the education law as repealed by section seven of this act, 34 section 2590-c of the education law as repealed by section eight of this 35 act, paragraph c of subdivision 2 of section 2590-d of the education law 36 as repealed by section twenty-six of this act, subdivision 1 of section 37 2590-e of the education law as repealed by section twenty-seven of this 38 act, subdivision 28 of section 2590-h of the education law as repealed 39 by section twenty-eight of this act, subdivision 30 of section 2590-h of 40 the education law as repealed by section twenty-nine of this act, subdi- 41 vision 30-a of section 2590-h of the education law as repealed by 42 section thirty of this act shall be revived and be read as such 43 provisions existed in law on the date immediately preceding the effec- 44 tive date of this act; provided, however, that sections seven and eight 45 of this act shall take effect on November 30, 2003; provided further 46 that the amendments to subdivision 25 of section 2554 of the education 47 law made by section two of this act shall be subject to the expiration 48 and reversion of such subdivision pursuant to section 12 of chapter 147 49 of the laws of 2001, as amended, when upon such date the provisions of 50 section four of this act shall take effect. 51 § 7. Subdivision 12 of section 17 of chapter 345 of the laws of 2009, 52 amending the education law and other laws relating to the New York city 53 board of education, chancellor, community councils and community super- 54 intendents, as amended by chapter 364 of the laws of 2022, is amended to 55 read as follows:S. 8306--C 201 A. 8806--C 1 12. any provision in sections one, two, three, four, five, six, seven, 2 eight, nine, ten and eleven of this act not otherwise set to expire 3 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or 4 section 17 of chapter 123 of the laws of 2003, as amended, shall expire 5 and be deemed repealed June 30, [2024] 2026. 6 § 8. This act shall take effect immediately; provided, however, that 7 the amendments to section 2590-b of the education law made by sections 8 one and two of this act, and the amendments to section 2590-c of the 9 education law made by section three of this act, shall not affect the 10 expiration of such sections and shall expire and be deemed repealed 11 therewith. 12 PART AAA 13 Section 1. Short title. This act shall be known and may be cited as 14 the "newspaper and broadcast media jobs program". 15 § 2. The economic development law is amended by adding a new article 16 27 to read as follows: 17 ARTICLE 27 18 NEWSPAPER AND BROADCAST MEDIA JOBS PROGRAM 19 Section 490. Short title. 20 491. Statement of legislative findings and declaration. 21 492. Definitions. 22 493. Eligibility criteria. 23 494. Application and approval process. 24 495. Newspaper and broadcast media jobs tax credit. 25 496. Powers and duties of the commissioner. 26 § 490. Short title. This article shall be known and may be cited as 27 the "newspaper and broadcast media jobs program". 28 § 491. Statement of legislative findings and declaration. It is hereby 29 found and declared that New York state needs, as a matter of public 30 policy, to provide financial support and incentives for businesses which 31 operate as newspaper and broadcast media, to sustain a productive and 32 effective industry. 33 § 492. Definitions. For the purposes of this article: 34 1. "Average full-time employment" shall mean the average number of 35 full-time positions employed by a business entity in an eligible indus- 36 try during a given period. 37 2. "Average starting full-time employment" shall be calculated as the 38 average number of full-time positions employed by a business entity in 39 an eligible industry during a timeframe to be determined by the depart- 40 ment of economic development. 41 3. "Average ending full-time employment" shall be calculated as the 42 average number of full-time positions employed by a business entity in 43 an eligible industry during a timeframe to be determined by the depart- 44 ment of economic development. 45 4. "Certificate of tax credit" means the document issued to a business 46 entity by the department after the department has verified that the 47 business entity has met all applicable eligibility criteria in this 48 article. The certificate shall specify the exact amount of the tax cred- 49 it under this article that a business entity may claim, pursuant to 50 section four hundred ninety-five and section four hundred ninety-six of 51 this article. 52 5. "Commissioner" shall mean commissioner of economic development. 53 6. "Department" shall mean the department of economic development.S. 8306--C 202 A. 8806--C 1 7. "Eligible business" shall mean a print media or broadcast media 2 business operating within an eligible industry, which also carries media 3 liability insurance. 4 8. "Eligible employee" shall mean an employee working full-time at an 5 eligible business, as determined by the department. 6 9. "Eligible industry" means a business entity operating predominantly 7 in the newspaper publishing sector or the broadcast media sector, as 8 determined by the department. 9 10. "Net employee increase" means an increase of at least one full- 10 time employee between the average starting full-time employment and the 11 average ending full-time employment of a business entity, as defined by 12 the department. 13 11. "Newspaper and broadcast media jobs tax credit" shall mean a tax 14 credit which shall provide a credit to eligible businesses operating 15 within eligible industries. The newspaper and broadcast media jobs tax 16 credit shall have two components. The newspaper and broadcast media new 17 job creation component shall allow a credit of five-thousand dollars per 18 net new job created at eligible businesses operating within eligible 19 industries. The newspaper and broadcast media existing jobs component 20 shall allow a tax credit available to support the costs related to 21 retention of existing jobs at eligible businesses operating within 22 eligible industries. 23 12. (a)"Broadcast media business" means any broadcast station which: 24 (i) has been broadcasting for at least one year prior to the tax year 25 for which it is applying for a credit; 26 (ii) owns or operates a broadcast station, as defined by section three 27 of the federal communications act of 1934; and 28 (iii) discloses its ownership to the public at such times and in such 29 manner as identified by the commissioner. 30 (b) For purposes of this paragraph each FCC licensed broadcast station 31 serving a separate market shall be treated as a separate broadcast media 32 business. 33 13. "Independently owned" shall mean a business entity that is not: 34 (a) a publicly traded entity or no more than five percent of the benefi- 35 cial ownership of which is owned, directly or indirectly by a publicly 36 traded entity; (b) a subsidiary; and (c) any other criteria that the 37 department shall determine via regulations to ensure the business is not 38 controlled by another business entity. 39 § 493. Eligibility criteria. To be eligible for the tax credit estab- 40 lished under this section, a business entity must: 41 1. be an eligible business operating within an eligible industry; 42 2. be independently owned or, in the case of a print media business, 43 demonstrate a reduction in circulation or in the number of full-time 44 equivalent employees of at least twenty percent over the previous five 45 years; and 46 3. operate predominantly in an eligible industry, and be located with- 47 in the state of New York. The department, in its regulations promulgated 48 pursuant to this article, shall have the authority to list certain types 49 of establishments as ineligible. 50 § 494. Application and approval process. 1. A business entity must 51 submit a complete application as prescribed by the commissioner. 52 2. The commissioner shall establish procedures and a timeframe for 53 business entities to submit applications. As part of the application, 54 each business entity must: 55 (a) provide evidence in a form and manner prescribed by the commis- 56 sioner of their business eligibility;S. 8306--C 203 A. 8806--C 1 (b) agree to allow the department of taxation and finance to share the 2 business entity's tax information with the department; 3 (c) agree to allow the department of labor to share its tax and 4 employer information with the department. However, any information 5 shared as a result of this program shall not be available for disclosure 6 or inspection under the state freedom of information law; 7 (d) allow the department and its agents access to any and all books 8 and records the department may require to monitor compliance; and 9 (e) agree to provide any additional information required by the 10 department relevant to this article. 11 3. After reviewing a business entity's completed final application and 12 determining that the business entity meets the eligibility criteria as 13 set forth in this article, the department may issue to that business 14 entity a certificate of tax credit. A business entity may claim the tax 15 credit. 16 § 495. Newspaper and broadcast media jobs tax credit. 1. A business 17 entity that meets the eligibility requirements of section four hundred 18 ninety-three of this article, and meets any additional eligibility 19 criteria as articulated in regulations established pursuant to this 20 section, and demonstrates a net employee increase, may be eligible to 21 claim a credit equal to five thousand dollars per each full-time net 22 employee increase as defined in section four hundred ninety-two of this 23 article. A business entity, including a partnership, limited liability 24 company and subchapter S corporation, may not receive in excess of twen- 25 ty thousand dollars in tax credits under this program. 26 2. A business entity that meets the eligibility requirements of 27 section four hundred ninety-three of this article, and meets any addi- 28 tional eligibility criteria as articulated in regulations established 29 pursuant to this section, may be eligible to claim a credit equal to 30 fifty percent of annual wages of an eligible employee. The calculation 31 of such a credit shall only be applied to up to fifty thousand dollars 32 in wages paid annually per eligible employee. A business entity, includ- 33 ing a partnership, limited liability company and subchapter S corpo- 34 ration, may not receive in excess of three hundred thousand dollars in 35 tax credits under this program. 36 3. The total amount of tax credits listed on certificates of tax cred- 37 it issued by the commissioner pursuant to this article may not exceed 38 thirty million dollars for each year the credit is available. Within 39 this amount, the newspaper and broadcast media new job creation compo- 40 nent of the credit may not exceed four million dollars per year and the 41 newspaper and broadcast media existing jobs component of the credit may 42 not exceed twenty-six million dollars per year. Fifty percent of the 43 newspaper and broadcast media existing jobs component credits will be 44 set-aside for eligible business entities with one hundred or fewer 45 employees. Fifty percent of the newspaper and broadcast media existing 46 jobs component credits will be set-aside for eligible business entities 47 with over one hundred employees. In both instances the cap will be three 48 hundred thousand dollars under this program. 49 4. The credit shall be allowed as provided in section forty-nine of 50 the tax law. 51 § 496. Powers and duties of the commissioner. 1. The commissioner 52 shall promulgate regulations establishing an application process and 53 eligibility criteria, that will be applied consistent with the purposes 54 of this article, so as not to exceed the annual cap on tax credits set 55 forth in section four hundred ninety-five of this article which,S. 8306--C 204 A. 8806--C 1 notwithstanding any provisions to the contrary in the state administra- 2 tive procedure act, may be adopted on an emergency basis. 3 2. The commissioner shall, in consultation with the department of 4 taxation and finance, develop a certificate of tax credit that shall be 5 issued by the commissioner to eligible businesses. Such certificate 6 shall contain such information as required by the department of taxation 7 and finance. 8 3. The commissioner shall solely determine the eligibility of any 9 applicant applying for entry into the program and shall remove any busi- 10 ness entity from the program for failing to meet any of the requirements 11 set forth in section four hundred ninety-three of this article, or for 12 failing to meet the requirements set forth in subdivision one of section 13 four hundred ninety-four of this article. 14 § 3. The tax law is amended by adding a new section 49 to read as 15 follows: 16 § 49. Newspaper and broadcast media jobs tax credit. (a) Allowance of 17 credit. A taxpayer subject to tax under article nine-A or twenty-two of 18 this chapter shall be allowed a credit against such tax, pursuant to the 19 provisions referenced in subdivision (e) of this section. The amount of 20 the credit is equal to the amount determined pursuant to article twen- 21 ty-seven of the economic development law. A taxpayer that is a partner 22 in a partnership, member of a limited liability company or shareholder 23 in a subchapter S corporation shall be allowed its pro-rata share of the 24 credit allowed for the partnership, limited liability company or 25 subchapter S corporation. No cost or expense paid or incurred that is 26 included as part of the calculation of this credit shall be the basis of 27 any other tax credit allowed under this chapter. 28 (b) Eligibility. To be eligible to claim the newspaper and broadcast 29 media jobs tax credit the taxpayer shall have been issued a certificate 30 of tax credit by the department of economic development pursuant to 31 article twenty-seven of the economic development law, which certificate 32 shall set forth the amount of the credit that may be claimed for the 33 taxable year. The taxpayer shall be allowed to claim only the amount 34 listed on the certificate of tax credit for that taxable year. 35 (c) Tax return requirement. The taxpayer shall be required to attach 36 to its tax return, in the form prescribed by the commissioner, proof of 37 receipt of its certificate of tax credit issued by the commissioner of 38 the department of economic development. 39 (d) Credit recapture. If a certificate of tax credit issued by the 40 department of economic development under article twenty-seven of the 41 economic development law is revoked by such department, the amount of 42 credit described in this section and claimed by the taxpayer prior to 43 that revocation shall be added back to tax in the taxable year in which 44 any such revocation becomes final. 45 (e) Cross references. For application of the credit provided in this 46 section see the following provisions of this chapter: 47 (1) article 9-A: section 210-B, subdivision 60. 48 (2) article 22: section 606, subsection (ppp). 49 § 4. Section 210-B of the tax law is amended by adding a new subdivi- 50 sion 60 to read as follows: 51 60. Newspaper and broadcast media jobs tax credit. (a) Allowance of 52 credit. A taxpayer shall be allowed a credit, to be computed as 53 provided in section forty-nine of this chapter, against the taxes 54 imposed by this article. 55 (b) Application of credit. The credit allowed under this subdivision 56 for the taxable year shall not reduce the tax due for such year to lessS. 8306--C 205 A. 8806--C 1 than the amount prescribed in paragraph (d) of subdivision one of 2 section two hundred ten of this article. However, if the amount of cred- 3 it allowable under this subdivision for the taxable year reduces the tax 4 to such amount or if the taxpayer otherwise pays tax based on the fixed 5 dollar minimum amount, any amount of credit thus not deductible in such 6 taxable year shall be treated as an overpayment of tax to be credited or 7 refunded in accordance with the provisions of section one thousand 8 eighty-six of this chapter. Provided, however, the provisions of 9 subsection (c) of section one thousand eighty-eight of this chapter 10 notwithstanding, no interest will be paid thereon. 11 § 5. Section 606 of the tax law is amended by adding a new subsection 12 (ppp) to read as follows: 13 (ppp) Newspaper and broadcast media jobs tax credit. (1) Allowance of 14 credit. A taxpayer shall be allowed a credit, to be computed as provided 15 in section forty-nine of this chapter, against the tax imposed by this 16 article. 17 (2) Application of credit. If the amount of the credit allowed under 18 this subsection for the taxable year exceeds the taxpayer's tax for such 19 year, the excess shall be treated as an overpayment of tax to be credit- 20 ed or refunded in accordance with the provisions of section six hundred 21 eighty-six of this article, provided, however, that no interest will be 22 paid thereon. 23 § 6. Subparagraph (B) of paragraph 1 of subsection (i) of section 606 24 of the tax law is amended by adding a new clause (li) to read as 25 follows: 26 (li) Newspaper and broadcast Amount of credit under subdivision 27 media jobs tax credit under sixty of section two hundred ten-B 28 subsection (ppp) 29 § 7. This act shall take effect immediately and shall apply to tax 30 years beginning on or after January 1, 2025 and ending before January 1, 31 2028. 32 PART BBB 33 Section 1. Subsection (c-1) of section 606 of the tax law is amended 34 by adding a new paragraph 5 to read as follows: 35 (5) (A) For tax year two thousand twenty-three, the commissioner shall 36 issue a payment of a supplemental empire state child credit in the 37 amount of (i) one hundred percent of the empire state child credit 38 calculated and allowed pursuant to this subsection to taxpayers whose 39 federal adjusted gross income was less than ten thousand dollars; (ii) 40 seventy-five percent of the empire state child credit calculated and 41 allowed pursuant to this subsection to taxpayers whose federal adjusted 42 gross income was greater than or equal to ten thousand dollars but less 43 than twenty-five thousand dollars; (iii) fifty percent of the empire 44 state child credit calculated and allowed pursuant to this subsection to 45 taxpayers whose federal adjusted gross income was greater than or equal 46 to twenty-five thousand dollars but less than fifty thousand dollars; 47 and (iv) twenty-five percent of the empire state child credit calculated 48 and allowed pursuant to this subsection to taxpayers whose federal 49 adjusted gross income was greater than or equal to fifty thousand 50 dollars. Provided, however, that no payment shall be issued if it is 51 less than twenty-five dollars. 52 (B) The supplemental payment pursuant to this paragraph shall be 53 allowed to taxpayers who timely filed returns pursuant to section sixS. 8306--C 206 A. 8806--C 1 hundred fifty-one of this article, determined with regard to extensions 2 pursuant to section six hundred fifty-seven of this article. 3 § 2. This act shall take effect immediately. 4 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 5 sion, section or part of this act shall be adjudged by any court of 6 competent jurisdiction to be invalid, such judgment shall not affect, 7 impair, or invalidate the remainder thereof, but shall be confined in 8 its operation to the clause, sentence, paragraph, subdivision, section 9 or part thereof directly involved in the controversy in which such judg- 10 ment shall have been rendered. It is hereby declared to be the intent of 11 the legislature that this act would have been enacted even if such 12 invalid provisions had not been included herein. 13 § 3. This act shall take effect immediately provided, however, that 14 the applicable effective date of Parts A through BBB of this act shall 15 be as specifically set forth in the last section of such Parts.
