Bill Text: NY S07506 | 2019-2020 | 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 2020-2021 state fiscal year; relates to contracts for excellence and the apportionment of public moneys; relates to the statewide universal full-day pre-kindergarten program; relates to conditions under which districts are entitled to apportionment; relates to courses of instruction in patriotism and citizenship and in certain historic documents; relates to instruction in the Holocaust in certain schools; relates to moneys apportioned to school districts for commercial gaming grants; relates to the universal pre-kindergarten program; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2020-2021 school year; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid; relates to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; relates to conditional appointment of school district, charter school or BOCES employees; relates to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; relates to implementation of the No Child Left Behind Act of 2001; relates to the support of education; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to suballocations of appropriations; relates to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds; in relation to certain apportionments; relates to supplementary funding for dedicated programs for public school students in the East Ramapo central school district; authorizes deficit financing and an advance of aid payments for the Wyandanch union free school district, in relation to the issuance of serial bonds; and relates to the support of public libraries (Part A); relates to establishing the Syracuse Comprehensive Education and Workforce Training Center focusing on Science, Technology, Engineering, Arts, and Math to provide instruction to students in the Onondaga, Cortland and Madison county BOCES and the central New York region in the areas of science, technology, engineering, arts and mathematics (Part B); directs the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district (Part C); relates to predictable tuition allowing annual tuition increase for certain SUNY schools (Part D); relates to utilizing reserves in the mortgage insurance fund for various housing purposes (Part H); authorizes a payment offset for rent administration costs (Part I); relates to requirements for sick leave (Part J); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part K); relates to judgments of parentage of children conceived through assisted reproduction or pursuant to surrogacy agreements; relates to restricting genetic surrogate parenting contracts; relates to voluntary acknowledgments of parentage, gestational surrogacy and regulations concerning ova donation; in relates to the regulation of surrogacy programs; relates to inheritance by children after the death of an intended parent; relates to legitimacy of children born by artificial insemination (Part L); relates to restructuring financing for residential school placements (Part N); relates to establishing the curing Alzheimer's health consortium (Part P); relates to the foster youth college success initiative (Part Q); relates to the standard of proof for unfounded and indicated reports of child abuse and maltreatment; relates to the admissibility of reports of child abuse and maltreatment (Part R); relates to increasing the annual amount of loans made to an agricultural producer from the housing development fund (Part S); relates to increasing the bonding authority of the New York city housing development corporation (Part T); relates to the date when the local legislative body of a city having a population of one million or more may determine the continuation of the emergency (Part U); relates to photo identification cards (Part V); relates to state support for the local enforcement of past-due property taxes (Part W); relates to the employer compensation expense tax (Part X); amends the New York Health Care Reform Act of 1996, in relation to extending certain provisions relating thereto; relates to health care initiative pool distributions; amends the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; eliminates programs that do not support the department of health's core mission; relates to payments for uncompensated care to certain voluntary non-profit diagnostic and treatment centers; relates to the distribution pool allocations and graduate medical education; relates to the assessments on covered lives; relates to tobacco control and insurance initiatives pool distributions; relates to malpractice and professional medical conduct; relates to enacting major components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; extends payment provisions for general hospitals; extends payment provisions for certain medical assistance rates for certified home health agencies; extends payment provisions for certain personal care services medical assistance rates; relates to payments from the New York state medical indemnity fund; repeals certain provisions of the public health law relating to funding for certain programs (Part Y); relates to limiting the availability of enhanced quality of adult living program ("EQUAL") grants (Part Z); relates to transferring responsibility for the autism awareness and research fund to the office for people with developmental disabilities; relates to transferring responsibility for the comprehensive care centers for eating disorders to the office of mental health; repeals certain provisions relating to funding for certain programs (Part AA); relates to electronic prescriptions; relates to limiting the method of payment for prescription drugs under the medical assistance program; relates to continuing nursing home upper payment limit payments; relates to encouraging comprehensive health services; relates to allowing the use of funds of the office of professional medical conduct for activities of the patient health information and quality improvement act of 2000; relates to the statewide health information network of New York and the statewide planning and research cooperative system and general powers and duties; relates to reimbursement to participating provider pharmacies and prescription drug coverage; relates to issuance of certificates of authority to accountable care organizations; authorizes the commissioner of health to apply federally established consumer price index penalties for generic drugs, authorizes the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data; relates to supplemental rebates; relates to waiver of certain regulations; relates to rates for residential health care facilities; relates to medical reimbursement and welfare reform; relates to adjustments of rates; relates to the New York state health insurance continuation assistance demonstration project; relates to immunizing agents to be administered to adults by pharmacists; authorizes a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents; authorizes pharmacists to perform collaborative drug therapy management with physicians in certain settings (Part BB); relates to the state's schedules of controlled substances (Part CC); relates to the state's modernization of environmental health fee (Part DD); relates to the sale of tobacco products and vapor products (Part EE); relates to the renaming of the Physically Handicapped Children's Program (Part FF); creates a single preferred-drug list for medication assisted treatment; relates to supplemental rebates; establishes payments for medical assistance; relates to medical assistance eligibility of certain persons and provides for managed medical care demonstration programs (Part GG); expands telehealth services (Part HH); establishes a pilot program for the purposes of promoting social determinant of health interventions (Part II); provides for the administration of certain funds and accounts related to the 2020-2021 budget, authorizes certain payments and transfers; relates to the administration of certain funds and accounts; relates 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; relates to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of certain bonds or notes; relates to the issuance of certain bonds or notes; provides for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of certain bonds or notes; amends the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; amends the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; relates to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; relates to housing program bonds and notes; authorizes the dormitory authority of the state of New York and the urban development corporation to enter into line of credit facilities, and relates to state-supported debt issued during the 2021 fiscal year; relates to payments of bonds; relates to an action related to a bond; establishes the public health emergency charitable gifts trust fund (Part JJ); relates to the designation of statewide general hospital quality and sole community pools and the reduction of capital related inpatient expenses (Part KK); relates to reimbursement of transportation costs; relates to supplemental transportation payments; relates to reimbursement of emergency transportation services; manages Medicaid transportation services using the contracted transportation managers for transportation provided to enrollees of managed long term care plans; transitions to a Medicaid transportation broker; relates to reimbursement of emergency medical transportation (Part LL); relates to changing the authorization requirements for personal care services; relates to integrated medicaid managed care products for dual-eligibles; in relation to licensed home care service agency contracting; relates to fair hearings within the Fully Integrated Duals Advantage program; relates to integrated fair hearing and appeals processes; relates to the hospice worker recruitment and retention program; relates to licensed home care services agencies; directs the department of health to contract with an independent assessor to conduct community health assessments; relates to health homes and penalties for managed care providers, in relation to the effectiveness of certain contracts; relates to the medicaid eligibility look-back period and to the community spouse resource amount; relates to authorizations for personal care services; directs the department of health to establish or procure the services of an independent panel of clinical professionals and to develop and implement a uniform task-based assessment tool; relates to managed long term care plans program oversight and administration (Part MM); relates to discontinuing return of equity payments to for-profit nursing homes (Part NN); relates to wage parity enforcement (Part OO); relates to improving access to private duty nursing services for medically fragile children, removing limitations on alternative rehabilitative services and establishing pilot programs promoting the use of alternative treatments for individuals suffering from chronic lower back pain and diabetes and chronic disease self-management (Part PP); relates to managed care encounter data (Part QQ); relatesn to authorizing providing relocation and employment assistance credits (Part RR); relates to abatement of tax payments for certain industrial and commercial properties in a city of one million or more persons (Part SS); relates to omitting a candidate for the office of president of the United States from the primary ballot (Part TT); relates to securing orders and pretrial proceedings (Part UU); relates to transit crimes and prohibition orders relating to such crimes (Part VV); amends the Hudson river park act, in relation to Pier 76 (Part WW); relates to prescription drug pricing and creating a drug accountability board (Part XX); relates to claims payment timeframes and payment of interest, payment and billing for out-of-network hospital emergency services, claims payment performance and creation of a workgroup to study health care administrative simplification; relates to claims for medical debt; relates to provisional credentialing of physicians, relates to preventing recoupment of COVID-19 related inpatient and emergency services claims (Part YY); relates to certain Medicaid management (Part ZZ); relates to malpractice and professional medical conduct; extends certain provisions concerning the hospital excess liability pool; amends the New York Health Care Reform Act of 1996 and other laws relating to extending certain provisions relating thereto, in relation to extending provisions relating to excess coverage (Part AAA); relates to known and projected department of health state fund Medicaid expenditures, in relation to extending the Medicaid global cap (Part CCC); relates to capping cost sharing for insulin (Part DDD); relates to the New York State Bridge Authority (Part EEE); relates to extending and enhancing the Medicaid drug cap and to reduce unnecessary pharmacy benefit manager costs to the Medicaid program; directs the department of health to remove the pharmacy benefit from the managed care benefit package and to provide the pharmacy benefit under the fee for service program; relates to participation and membership in a demonstration period (Part FFF); relates to enacting the emergency or disaster treatment protection act (Part GGG); relates to automatic discovery (Part HHH); relates to establishing a period of probable usefulness for airport construction and improvement of the Ithaca Tompkins International Airport (Part III); validates certain acts of the Mahopac Central school district with regard to certain capital improvement projects (Part JJJ); relates to managed care encounter data, authorizes electronic notifications, establishes regional demonstration projects (Part KKK); relates to the operation and administration of the legislature, in relation to extending such provisions (Part LLL).
Spectrum: Committee Bill
Status: (Passed) 2020-04-03 - SIGNED CHAP.56 [S07506 Detail]
Download: New_York-2019-S07506-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 7506--B A. 9506--B SENATE - ASSEMBLY January 22, 2020 ___________ 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 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 AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to conditions under which districts are entitled to apportionment; to amend the education law, in relation to courses of instruction in patriotism and citizen- ship and in certain historic documents; to amend the education law, in relation to instruction in the Holocaust in certain schools; to amend the education law, in relation to moneys apportioned to school districts for commercial gaming grants; to amend part B of chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, 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 education in New York city, in relation to reimbursements for the 2020-2021 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend 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 chapter 147 of the laws of 2001, amending the education law relating to condi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12672-03-0S. 7506--B 2 A. 9506--B tional appointment of school district, charter school or BOCES employ- ees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend part C of chapter 57 of the laws of 2004, relating to the support of education, in relation to the effectiveness thereof; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to authorizing the city school district of the city of Rochester to purchase certain services; relates to subal- locations of appropriations; to amend chapter 121 of the laws of 1996, relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds; in relation to certain apportionments; to amend chapter 89 of the laws of 2016 relat- ing to supplementary funding for dedicated programs for public school students in the East Ramapo central school district, in relation to the effectiveness thereof; to amend chapter 18 of the laws of 2020, authorizing deficit financing and an advance of aid payments for the Wyandanch union free school district, in relation to the issuance of serial bonds; and relates to the support of public libraries (Part A); to amend the education law, in relation to establishing the Syracuse Comprehensive Education and Workforce Training Center focusing on Science, Technology, Engineering, Arts, and Math to provide instruc- tion to students in the Onondaga, Cortland and Madison county BOCES and the central New York region in the areas of science, technology, engineering, arts and mathematics (Part B); directing the commissioner of education to appoint a monitor for the Rochester city school district, establishing the powers and duties of such monitor and certain other officers and relating to the apportionment of aid to such school district; and providing for the repeal of certain provisions upon the expiration thereof (Part C); to amend the educa- tion law, in relation to predictable tuition allowing annual tuition increase for certain SUNY schools (Part D); intentionally omitted (Part E); intentionally omitted (Part F); intentionally omitted (Part G); to utilize reserves in the mortgage insurance fund for various housing purposes (Part H); to amend the emergency tenant protection act of nineteen seventy-four, in relation to authorizing a payment offset for rent administration costs (Part I); to amend the labor law, in relation to requirements for sick leave (Part J); to amend the social services law, in relation to increasing the standards of month- ly need for aged, blind and disabled persons living in the community (Part K); to amend the family court act, in relation to judgments of parentage of children conceived through assisted reproduction or pursuant to surrogacy agreements; to amend the domestic relations law, in relation to restricting genetic surrogate parenting contracts; to amend the public health law, in relation to voluntary acknowledgments of parentage, gestational surrogacy and regulations concerning ova donation; to amend the general business law, the estates, powers and trusts law, the social services law and the insurance law, in relation to the regulation of surrogacy programs; to amend the estates powers and trusts law, in relation to inheritance by children after the death of an intended parent; and to repeal section 73 of the domesticS. 7506--B 3 A. 9506--B relations law, relating to legitimacy of children born by artificial insemination (Part L); intentionally omitted (Part M); to amend the social services law, in relation to restructuring financing for resi- dential school placements; to repeal certain provisions of the educa- tion law relating thereto; and providing for the repeal of such provisions upon expiration thereof (Part N); intentionally omitted (Part O); to amend the education law, in relation to establishing the curing Alzheimer's health consortium (Part P); to amend the education law, in relation to the foster youth college success initiative (Part Q); to amend the social services law, in relation to the standard of proof for unfounded and indicated reports of child abuse and maltreat- ment; and to amend the family court act, in relation to the admissi- bility of reports of child abuse and maltreatment (Part R); to amend the private housing finance law, in relation to increasing the annual amount of loans made to an agricultural producer from the housing development fund (Part S); to amend the private housing finance law, in relation to increasing the bonding authority of the New York city housing development corporation (Part T); to amend the local emergency housing rent control act, in relation to the date when the local legislative body of a city having a population of one million or more may determine the continuation of the emergency (Part U); to amend the social services law and the vehicle and traffic law, in relation to photo identification cards (Part V); to amend the tax law, in relation to state support for the local enforcement of past-due property taxes (Part W); and to amend the tax law, in relation to the employer compensation expense tax (Part X); to amend the New York Health Care Reform Act of 1996, in relation to extending certain provisions relat- ing thereto; to amend the public health law, in relation to health care initiative pool distributions; to amend the New York Health Care Reform Act of 2000, in relation to extending the effectiveness of provisions thereof; to amend the public health law and the state financial law in relation to eliminating programs that do not support the department of health's core mission; to amend the public health law, in relation to payments for uncompensated care to certain volun- tary non-profit diagnostic and treatment centers; to amend the public health law, in relation to the distribution pool allocations and grad- uate medical education; to amend the public health law, in relation to the assessments on covered lives; to amend the public health law, in relation to tobacco control and insurance initiatives pool distrib- utions; to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to extending the effective- ness of certain provisions thereof; to amend chapter 62 of the laws of 2003 amending the general business law and other laws relating to enacting major components necessary to implement the state fiscal plan for the 2003-04 state fiscal year, in relation to the deposit of certain funds; to amend the social services law, in relation to extending payment provisions for general hospitals; to amend the public health law, in relation to extending payment provisions for certain medical assistance rates for certified home health agencies; to amend the social services law, in relation to extending payment provisions for certain personal care services medical assistance rates; to amend chapter 517 of the laws of 2016 amending the public health law relating to payments from the New York state medical indem- nity fund, in relation to the effectiveness thereof; and to repeal certain provisions of the public health law relating to funding forS. 7506--B 4 A. 9506--B certain programs (Part Y); to amend the social services law, in relation to limiting the availability of enhanced quality of adult living program ("EQUAL") grants (Part Z); to amend the state finance law, in relation to transferring responsibility for the autism aware- ness and research fund to the office for people with developmental disabilities; to amend the mental hygiene law, the insurance law and the labor law, in relation to transferring responsibility for the comprehensive care centers for eating disorders to the office of mental health; and to repeal certain provisions of the public health law relating to funding for certain programs (Part AA); to amend chap- ter 59 of the laws of 2016 amending the public health law and other laws relating to electronic prescriptions, in relation to the effec- tiveness thereof; to amend chapter 19 of the laws of 1998, amending the social services law relating to limiting the method of payment for prescription drugs under the medical assistance program, in relation to the effectiveness thereof; to amend the public health law, in relation to continuing nursing home upper payment limit payments; to amend chapter 904 of the laws of 1984, amending the public health law and the social services law relating to encouraging comprehensive health services, in relation to the effectiveness thereof; to amend chapter 62 of the laws of 2003, amending the public health law relat- ing to allowing for the use of funds of the office of professional medical conduct for activities of the patient health information and quality improvement act of 2000, in relation to extending the provisions thereof; to amend chapter 59 of the laws of 2011, amending the public health law relating to the statewide health information network of New York and the statewide planning and research cooper- ative system and general powers and duties, in relation to the effec- tiveness thereof; to amend chapter 58 of the laws of 2008, amending the elder law and other laws relating to reimbursement to participat- ing provider pharmacies and prescription drug coverage, in relation to extending the expiration of certain provisions thereof; to amend the public health law, in relation to issuance of certificates of authori- ty to accountable care organizations; to amend chapter 59 of the laws of 2016, amending the social services law and other laws relating to authorizing the commissioner of health to apply federally established consumer price index penalties for generic drugs, and authorizing the commissioner of health to impose penalties on managed care plans for reporting late or incorrect encounter data, in relation to the effec- tiveness of certain provisions of such chapter; to amend part B of chapter 57 of the laws of 2015, amending the social services law and other laws relating to supplemental rebates, in relation to the effec- tiveness thereof; to amend chapter 57 of the laws of 2019, amending the public health law relating to waiver of certain regulations, in relation to the effectiveness thereof; to amend chapter 474 of the laws of 1996, amending the education law and other laws relating to rates for residential health care facilities, in relation to extending the effectiveness of certain provisions thereof; to amend chapter 81 of the laws of 1995, amending the public health law and other laws relating to medical reimbursement and welfare reform, in relation to extending the effectiveness of certain provisions thereof; to amend chapter 58 of the laws of 2008, amending the social services law and the public health law relating to adjustments of rates, in relation to extending the date of the expiration of certain provisions thereof; to amend chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insuranceS. 7506--B 5 A. 9506--B continuation assistance demonstration project, in relation to the effectiveness thereof; to amend chapter 563 of the laws of 2008, amending the education law and the public health law relating to immunizing agents to be administered to adults by pharmacists, in relation to the effectiveness thereof; to amend chapter 116 of the laws of 2012, amending the education law relating to authorizing a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents, in relation to the effectiveness thereof; and to amend chapter 21 of the laws of 2011, amending the education law relating to authorizing pharmacists to perform collaborative drug therapy management with physicians in certain settings, in relation to the effectiveness thereof (Part BB); to amend the public health law, in relation to the state's schedules of controlled substances (Part CC); to amend the public health law and the labor law, in relation to the state's modernization of environmental health fee (Part DD); to amend the public health law, the tax law and the general business law, in relation to the sale of tobacco products and vapor products (Part EE); to amend the public health law, in relation to the renaming of the Physically Handicapped Children's Program (Part FF); to amend the social services law and the public health law, in relation to creating a single preferred-drug list for medication assisted treatment; to amend chapter 57 of the laws of 2015, amending the social services law and other laws relating to supplemental rebates, in relation to the effectiveness thereof; to amend chapter 165 of the laws of 1991, amending the public health law and other laws relating to establishing payments for medical assistance, in relation to the effectiveness thereof; to amend chapter 710 of the laws of 1988, amending the social services law and the education law relating to medical assistance eligibility of certain persons and providing for managed medical care demonstration programs, in relation to the effectiveness thereof; and providing for the repeal of certain provisions upon expiration thereof (Part GG); to amend the public health law, in relation to expanding telehealth services (Part HH); to establish a pilot program for the purposes of promoting social determinant of health interventions (Part II); to provide for the administration of certain funds and accounts related to the 2020-2021 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the adminis- tration of certain funds and accounts; 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 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 certain bonds or notes; to amend the public authorities law, in relation to the issuance of certain bonds or 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 certain bonds or notes; to amend the New York state medical care facilities finance agency act, in relation to the issuance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issuance of certain bonds or notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedi- cated highway and bridge trust fund, in relation to the issuance of certain bonds or notes; to amend the public authorities law, inS. 7506--B 6 A. 9506--B relation to the issuance of certain bonds or notes; to amend the New York state urban development corporation act, in relation to the issu- ance of certain bonds or notes; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the New York state urban development corporation act, in relation to authoriz- ing the dormitory authority of the state of New York and the urban development corporation to enter into line of credit facilities, and in relation to state-supported debt issued during the 2021 fiscal year; to amend the state finance law, in relation to payments of bonds; to amend the civil practice law and rules, in relation to an action related to a bond; to amend the state finance law, in relation to establishing the public health emergency charitable gifts trust fund; and providing for the repeal of certain provisions upon expira- tion thereof (Part JJ); to amend the public health law, in relation to the designation of statewide general hospital quality and sole commu- nity pools and the reduction of capital related inpatient expenses; to repeal certain provisions of such law relating thereto; and providing for the repeal of certain provisions upon expiration thereof (Part KK); to amend the social services law, in relation to reimbursement of transportation costs; to supplemental transportation payments; to reimbursement of emergency transportation services; to manage Medicaid transportation services using the contracted transportation managers for transportation provided to enrollees of managed long term care plans; to transition to a Medicaid transportation broker; and to reimbursement of emergency medical transportation (Part LL); to amend the social services law, in relation to changing the authorization requirements for personal care services; to amend the public health law, in relation to integrated medicaid managed care products for dual-eligibles; in relation to licensed home care service agency contracting; to amend chapter 60 of the laws of 2014, amending the social services law relating to fair hearings within the Fully Inte- grated Duals Advantage program, in relation to the effectiveness ther- eof; to amend the social services law, in relation to integrated fair hearing and appeals processes; to amend the public health law, in relation to the hospice worker recruitment and retention program; in relation to licensed home care services agencies; to direct the department of health to contract with an independent assessor to conduct community health assessments; to amend part C of chapter 57 of the laws of 2018, amending the social services law and the public health law relating to health homes and penalties for managed care providers, in relation to the effectiveness of certain contracts; to amend the social services law, in relation to the medicaid eligibility look-back period and to the community spouse resource amount; to amend the public health law, in relation to authorizations for personal care services; to direct the department of health to establish or procure the services of an independent panel of clinical professionals and to develop and implement a uniform task-based assessment tool; and in relation to managed long term care plans program oversight and admin- istration (Part MM); to amend the public health law, in relation to discontinuing return of equity payments to for-profit nursing homes (Part NN); to amend the public health law and the labor law, in relation to wage parity enforcement (Part OO); to amend the social services law, in relation to improving access to private duty nursing services for medically fragile children, removing limitations on alternative rehabilitative services and establishing pilot programs promoting the use of alternative treatments for individuals sufferingS. 7506--B 7 A. 9506--B from chronic lower back pain and diabetes and chronic disease self- management (Part PP); to amend the social services law, the public health law and the insurance law, in relation to managed care encount- er data (Part QQ); to amend the general city law and the administra- tive code of the city of New York, in relation to authorizing provid- ing relocation and employment assistance credits (Part RR); to amend the real property tax law and the administrative code of the city of New York, in relation to abatement of tax payments for certain indus- trial and commercial properties in a city of one million or more persons (Part SS); to amend the election law, in relation to omitting a candidate for the office of president of the United States from the primary ballot (Part TT); to amend the criminal procedure law, the judiciary law and the executive law, in relation to securing orders and pretrial proceedings (Part UU); to amend the penal law, in relation to transit crimes and prohibition orders relating to such crimes (Part VV); to amend the Hudson river park act, in relation to Pier 76 (Part WW); to amend the insurance law, in relation to prescription drug pricing and creating a drug accountability board (Part XX); to amend the financial services law and the insurance law, in relation to claims payment timeframes and payment of interest, payment and billing for out-of-network hospital emergency services, claims payment performance and creation of a workgroup to study health care administrative simplification; to amend the civil practice law and rules, in relation to claims for medical debt; to amend the public health law, the insurance law and the financial services law, in relation to provisional credentialing of physicians and to amend the insurance law and the public health law, in relation to preventing recoupment of COVID-19 related inpatient and emergency services claims (Part YY); to amend the tax law and the social services law, in relation to certain Medicaid management; and providing for the repeal of such provisions upon expiration thereof (Part ZZ); to amend chapter 266 of the laws of 1986 amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, in relation to extending the effectiveness of certain provisions ther- eof; to amend part J of chapter 63 of the laws of 2001 amending chap- ter 266 of the laws of 1986, amending the civil practice law and rules and other laws relating to malpractice and professional medical conduct, relating to the effectiveness of certain provisions of such chapter, in relation to extending certain provisions concerning the hospital excess liability pool; and to amend part H of chapter 57 of the laws of 2017, amending the New York Health Care Reform Act of 1996 and other laws relating to extending certain provisions relating ther- eto, in relation to extending provisions relating to excess coverage (Part AAA); intentionally omitted (Part BBB); to amend part H of chap- ter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund Medicaid expenditures, in relation to extending the Medicaid global cap (Part CCC); to amend the insurance law, in relation to capping cost sharing for insulin (Part DDD); to amend the public authorities law, in relation to the New York State Bridge Authority (Part EEE); to amend the public health law, in relation to extending and enhancing the Medicaid drug cap and to reduce unnecessary pharmacy benefit manager costs to the Medicaid program; to direct the department of health to remove the pharmacy benefit from the managed care benefit package and to provide the pharmacy benefit under the fee for service program; and to amend the public health law, in relation to partic-S. 7506--B 8 A. 9506--B ipation and membership in a demonstration period (Part FFF); to amend the public health law, in relation to enacting the emergency or disas- ter treatment protection act (Part GGG); to amend the criminal proce- dure law and the judiciary law, in relation to automatic discovery (Part HHH); to amend the local finance law, in relation to establish- ing a period of probable usefulness for airport construction and improvement of the Ithaca Tompkins International Airport (Part III); to validate certain acts of the Mahopac Central school district with regard to certain capital improvement projects (Part JJJ); to amend the social services law, the public health law and the insurance law, in relation to managed care encounter data, authorizing electronic notifications, and establishing regional demonstration projects (Part KKK); and 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 LLL) 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 which are necessary to implement the state fiscal plan for the 2020-2021 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through LLL. The effective date for each partic- 5 ular provision contained within such Part is set forth in the last 6 section of such Part. Any provision in any section contained within a 7 Part, including the effective date of the Part, which makes a reference 8 to a section "of this act", when used in connection with that particular 9 component, shall be deemed to mean and refer to the corresponding 10 section of the Part in which it is found. Section three of this act sets 11 forth the general effective date of this act. 12 PART A 13 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 14 tion law, as amended by section 1 of part YYY of chapter 59 of the laws 15 of 2019, is amended to read as follows: 16 e. Notwithstanding paragraphs a and b of this subdivision, a school 17 district that submitted a contract for excellence for the two thousand 18 eight--two thousand nine school year shall submit a contract for excel- 19 lence for the two thousand nine--two thousand ten school year in 20 conformity with the requirements of subparagraph (vi) of paragraph a of 21 subdivision two of this section unless all schools in the district are 22 identified as in good standing and provided further that, a school 23 district that submitted a contract for excellence for the two thousand 24 nine--two thousand ten school year, unless all schools in the district 25 are identified as in good standing, shall submit a contract for excel- 26 lence for the two thousand eleven--two thousand twelve school year which 27 shall, notwithstanding the requirements of subparagraph (vi) of para- 28 graph a of subdivision two of this section, provide for the expenditure 29 of an amount which shall be not less than the product of the amount 30 approved by the commissioner in the contract for excellence for the two 31 thousand nine--two thousand ten school year, multiplied by the 32 district's gap elimination adjustment percentage and provided further 33 that, a school district that submitted a contract for excellence for theS. 7506--B 9 A. 9506--B 1 two thousand eleven--two thousand twelve school year, unless all schools 2 in the district are identified as in good standing, shall submit a 3 contract for excellence for the two thousand twelve--two thousand thir- 4 teen school year which shall, notwithstanding the requirements of 5 subparagraph (vi) of paragraph a of subdivision two of this section, 6 provide for the expenditure of an amount which shall be not less than 7 the amount approved by the commissioner in the contract for excellence 8 for the two thousand eleven--two thousand twelve school year and 9 provided further that, a school district that submitted a contract for 10 excellence for the two thousand twelve--two thousand thirteen school 11 year, unless all schools in the district are identified as in good 12 standing, shall submit a contract for excellence for the two thousand 13 thirteen--two thousand fourteen school year which shall, notwithstanding 14 the requirements of subparagraph (vi) of paragraph a of subdivision two 15 of this section, provide for the expenditure of an amount which shall be 16 not less than the amount approved by the commissioner in the contract 17 for excellence for the two thousand twelve--two thousand thirteen school 18 year and provided further that, a school district that submitted a 19 contract for excellence for the two thousand thirteen--two thousand 20 fourteen school year, unless all schools in the district are identified 21 as in good standing, shall submit a contract for excellence for the two 22 thousand fourteen--two thousand fifteen school year which shall, 23 notwithstanding the requirements of subparagraph (vi) of paragraph a of 24 subdivision two of this section, provide for the expenditure of an 25 amount which shall be not less than the amount approved by the commis- 26 sioner in the contract for excellence for the two thousand thirteen--two 27 thousand fourteen school year; and provided further that, a school 28 district that submitted a contract for excellence for the two thousand 29 fourteen--two thousand fifteen school year, unless all schools in the 30 district are identified as in good standing, shall submit a contract for 31 excellence for the two thousand fifteen--two thousand sixteen school 32 year which shall, notwithstanding the requirements of subparagraph (vi) 33 of paragraph a of subdivision two of this section, provide for the 34 expenditure of an amount which shall be not less than the amount 35 approved by the commissioner in the contract for excellence for the two 36 thousand fourteen--two thousand fifteen school year; and provided 37 further that a school district that submitted a contract for excellence 38 for the two thousand fifteen--two thousand sixteen school year, unless 39 all schools in the district are identified as in good standing, shall 40 submit a contract for excellence for the two thousand sixteen--two thou- 41 sand seventeen school year which shall, notwithstanding the requirements 42 of subparagraph (vi) of paragraph a of subdivision two of this section, 43 provide for the expenditure of an amount which shall be not less than 44 the amount approved by the commissioner in the contract for excellence 45 for the two thousand fifteen--two thousand sixteen school year; and 46 provided further that, a school district that submitted a contract for 47 excellence for the two thousand sixteen--two thousand seventeen school 48 year, unless all schools in the district are identified as in good 49 standing, shall submit a contract for excellence for the two thousand 50 seventeen--two thousand eighteen school year which shall, notwithstand- 51 ing the requirements of subparagraph (vi) of paragraph a of subdivision 52 two of this section, provide for the expenditure of an amount which 53 shall be not less than the amount approved by the commissioner in the 54 contract for excellence for the two thousand sixteen--two thousand 55 seventeen school year; and provided further that a school district that 56 submitted a contract for excellence for the two thousand seventeen--twoS. 7506--B 10 A. 9506--B 1 thousand eighteen school year, unless all schools in the district are 2 identified as in good standing, shall submit a contract for excellence 3 for the two thousand eighteen--two thousand nineteen school year which 4 shall, notwithstanding the requirements of subparagraph (vi) of para- 5 graph a of subdivision two of this section, provide for the expenditure 6 of an amount which shall be not less than the amount approved by the 7 commissioner in the contract for excellence for the two thousand seven- 8 teen--two thousand eighteen school year; and provided further that, a 9 school district that submitted a contract for excellence for the two 10 thousand eighteen--two thousand nineteen school year, unless all schools 11 in the district are identified as in good standing, shall submit a 12 contract for excellence for the two thousand nineteen--two thousand 13 twenty school year which shall, notwithstanding the requirements of 14 subparagraph (vi) of paragraph a of subdivision two of this section, 15 provide for the expenditure of an amount which shall be not less than 16 the amount approved by the commissioner in the contract for excellence 17 for the two thousand eighteen--two thousand nineteen school year; and 18 provided further that, a school district that submitted a contract for 19 excellence for the two thousand nineteen--two thousand twenty school 20 year, unless all schools in the district are identified as in good 21 standing, shall submit a contract for excellence for the two thousand 22 twenty--two thousand twenty-one school year which shall, notwithstanding 23 the requirements of subparagraph (vi) of paragraph a of subdivision two 24 of this section, provide for the expenditure of an amount which shall be 25 not less than the amount approved by the commissioner in the contract 26 for excellence for the two thousand nineteen--two thousand twenty school 27 year. For purposes of this paragraph, the "gap elimination adjustment 28 percentage" shall be calculated as the sum of one minus the quotient of 29 the sum of the school district's net gap elimination adjustment for two 30 thousand ten--two thousand eleven computed pursuant to chapter fifty- 31 three of the laws of two thousand ten, making appropriations for the 32 support of government, plus the school district's gap elimination 33 adjustment for two thousand eleven--two thousand twelve as computed 34 pursuant to chapter fifty-three of the laws of two thousand eleven, 35 making appropriations for the support of the local assistance budget, 36 including support for general support for public schools, divided by the 37 total aid for adjustment computed pursuant to chapter fifty-three of the 38 laws of two thousand eleven, making appropriations for the local assist- 39 ance budget, including support for general support for public schools. 40 Provided, further, that such amount shall be expended to support and 41 maintain allowable programs and activities approved in the two thousand 42 nine--two thousand ten school year or to support new or expanded allow- 43 able programs and activities in the current year. 44 § 2. Intentionally omitted. 45 § 3. Intentionally omitted. 46 § 4. Intentionally omitted. 47 § 5. Intentionally omitted. 48 § 6. Intentionally omitted. 49 § 7. Intentionally omitted. 50 § 8. Intentionally omitted. 51 § 9. Intentionally omitted. 52 § 10. Intentionally omitted. 53 § 11. Intentionally omitted. 54 § 12. Intentionally omitted. 55 § 13. Intentionally omitted. 56 § 14. Intentionally omitted.S. 7506--B 11 A. 9506--B 1 § 14-a. Subdivision 4 of section 3602 of the education law is amended 2 by adding a new paragraph h to read as follows: 3 h. Foundation aid payable in the two thousand twenty--two thousand 4 twenty-one school year. Notwithstanding any provision of law to the 5 contrary, foundation aid payable in the two thousand twenty--two thou- 6 sand twenty-one school year shall equal the apportionment for foundation 7 aid in the base year. 8 § 14-b. Section 3602 of the education law is amended by adding a new 9 subdivision 19 to read as follows: 10 19. Pandemic adjustment. a. Notwithstanding any other provision of law 11 to the contrary, the commissioner shall reduce payments due to each 12 district for the two thousand twenty--two thousand twenty-one school 13 year pursuant to section thirty-six hundred nine-a of this part by an 14 amount equal to the pandemic adjustment computed for such district, and 15 provided further that an amount equal to the amount of such deduction 16 shall be deemed to have been paid to the district pursuant to this 17 section for the school year in which such deduction is made. The commis- 18 sioner shall compute such pandemic adjustment in each electronic data 19 file produced pursuant to subdivision twenty-one of section three 20 hundred five of this chapter, based on the following information: (i) 21 ninety-nine and one-half percent of the funds from the elementary and 22 secondary emergency relief fund that are available for school districts 23 pursuant to the Coronavirus Aid, Relief, and Economic Security Act of 24 2020, and (ii) the governor's emergency relief fund pursuant to such 25 act, provided that a schedule of such amounts shall be approved by the 26 director of the budget, and provided further the commissioner shall 27 provide a schedule of such pandemic adjustment to the state comptroller, 28 the director of the budget, the chair of the senate finance committee, 29 and the chair of the assembly ways and means committee. 30 b. Notwithstanding any inconsistent provision of law to the contrary, 31 where additional federal and state revenues are apportioned to school 32 districts with a pandemic adjustment reduction pursuant to this subdivi- 33 sion, such additional federal and state revenues shall be apportioned to 34 such school district in an amount equal to the pandemic adjustment as 35 computed herein, unless otherwise specified by federal law. 36 § 14-c. The closing paragraph of subdivision 5-a of section 3602 of 37 the education law, as amended by section 16 of part YYY of chapter 59 of 38 the laws of 2019, is amended to read as follows: 39 For the two thousand eight--two thousand nine school year, each school 40 district shall be entitled to an apportionment equal to the product of 41 fifteen percent and the additional apportionment computed pursuant to 42 this subdivision for the two thousand seven--two thousand eight school 43 year. For the two thousand nine--two thousand ten through two thousand 44 [nineteen] twenty--two thousand [twenty] twenty-one school years, each 45 school district shall be entitled to an apportionment equal to the 46 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS 47 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid 48 computer listing produced by the commissioner in support of the budget 49 for the two thousand nine--two thousand ten school year and entitled 50 "SA0910". 51 § 14-d. Subdivision 12 of section 3602 of the education law, as 52 amended by section 17 of part YYY of chapter 59 of the laws of 2019, is 53 amended to read as follows: 54 12. Academic enhancement aid. A school district that as of April first 55 of the base year has been continuously identified as a district in need 56 of improvement for at least five years shall, for the two thousandS. 7506--B 12 A. 9506--B 1 eight--two thousand nine school year, be entitled to an additional 2 apportionment equal to the positive remainder, if any, of (a) the lesser 3 of fifteen million dollars or the product of the total foundation aid 4 base, as defined by paragraph j of subdivision one of this section, 5 multiplied by ten percent (0.10), less (b) the positive remainder of (i) 6 the sum of the total foundation aid apportioned pursuant to subdivision 7 four of this section and the supplemental educational improvement grants 8 apportioned pursuant to subdivision eight of section thirty-six hundred 9 forty-one of this article, less (ii) the total foundation aid base. 10 For the two thousand nine--two thousand ten through two thousand four- 11 teen--two thousand fifteen school years, each school district shall be 12 entitled to an apportionment equal to the amount set forth for such 13 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading 14 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by 15 the commissioner in support of the budget for the two thousand nine--two 16 thousand ten school year and entitled "SA0910", and such apportionment 17 shall be deemed to satisfy the state obligation to provide an apportion- 18 ment pursuant to subdivision eight of section thirty-six hundred forty- 19 one of this article. 20 For the two thousand fifteen--two thousand sixteen year, each school 21 district shall be entitled to an apportionment equal to the amount set 22 forth for such school district as "ACADEMIC ENHANCEMENT" under the head- 23 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced 24 by the commissioner in support of the budget for the two thousand four- 25 teen--two thousand fifteen school year and entitled "SA141-5", and such 26 apportionment shall be deemed to satisfy the state obligation to provide 27 an apportionment pursuant to subdivision eight of section thirty-six 28 hundred forty-one of this article. 29 For the two thousand sixteen--two thousand seventeen school year, each 30 school district shall be entitled to an apportionment equal to the 31 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 32 under the heading "2015-16 ESTIMATED AIDS" in the school aid computer 33 listing produced by the commissioner in support of the budget for the 34 two thousand fifteen--two thousand sixteen school year and entitled 35 "SA151-6", and such apportionment shall be deemed to satisfy the state 36 obligation to provide an apportionment pursuant to subdivision eight of 37 section thirty-six hundred forty-one of this article. 38 For the two thousand seventeen--two thousand eighteen school year, 39 each school district shall be entitled to an apportionment equal to the 40 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 41 under the heading "2016-17 ESTIMATED AIDS" in the school aid computer 42 listing produced by the commissioner in support of the budget for the 43 two thousand sixteen--two thousand seventeen school year and entitled 44 "SA161-7", and such apportionment shall be deemed to satisfy the state 45 obligation to provide an apportionment pursuant to subdivision eight of 46 section thirty-six hundred forty-one of this article. 47 For the two thousand eighteen--two thousand nineteen school year, each 48 school district shall be entitled to an apportionment equal to the 49 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 50 under the heading "2017-18 ESTIMATED AIDS" in the school aid computer 51 listing produced by the commissioner in support of the budget for the 52 two thousand seventeen--two thousand eighteen school year and entitled 53 "SA171-8", and such apportionment shall be deemed to satisfy the state 54 obligation to provide an apportionment pursuant to subdivision eight of 55 section thirty-six hundred forty-one of this article.S. 7506--B 13 A. 9506--B 1 For the two thousand nineteen--two thousand twenty school year, each 2 school district shall be entitled to an apportionment equal to the 3 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 4 under the heading "2018-19 ESTIMATED AIDS" in the school aid computer 5 listing produced by the commissioner in support of the budget for the 6 two thousand eighteen--two thousand nineteen school year and entitled 7 "SA181-9", and such apportionment shall be deemed to satisfy the state 8 obligation to provide an apportionment pursuant to subdivision eight of 9 section thirty-six hundred forty-one of this article. 10 For the two thousand twenty--two thousand twenty-one school year, each 11 school district shall be entitled to an apportionment equal to the 12 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 13 under the heading "2019-20 ESTIMATED AIDS" in the school aid computer 14 listing produced by the commissioner in support of the budget for the 15 two thousand nineteen--two thousand twenty school year and entitled 16 "SA192-0", and such apportionment shall be deemed to satisfy the state 17 obligation to provide an apportionment pursuant to subdivision eight of 18 section thirty-six hundred forty-one of this article. 19 § 14-e. The opening paragraph of subdivision 16 of section 3602 of the 20 education law, as amended by section 18 of part YYY of chapter 59 of the 21 laws of 2019, is amended to read as follows: 22 Each school district shall be eligible to receive a high tax aid 23 apportionment in the two thousand eight--two thousand nine school year, 24 which shall equal the greater of (i) the sum of the tier 1 high tax aid 25 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 26 tax aid apportionment or (ii) the product of the apportionment received 27 by the school district pursuant to this subdivision in the two thousand 28 seven--two thousand eight school year, multiplied by the due-minimum 29 factor, which shall equal, for districts with an alternate pupil wealth 30 ratio computed pursuant to paragraph b of subdivision three of this 31 section that is less than two, seventy percent (0.70), and for all other 32 districts, fifty percent (0.50). Each school district shall be eligible 33 to receive a high tax aid apportionment in the two thousand nine--two 34 thousand ten through two thousand twelve--two thousand thirteen school 35 years in the amount set forth for such school district as "HIGH TAX AID" 36 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 37 listing produced by the commissioner in support of the budget for the 38 two thousand nine--two thousand ten school year and entitled "SA0910". 39 Each school district shall be eligible to receive a high tax aid appor- 40 tionment in the two thousand thirteen--two thousand fourteen through two 41 thousand [nineteen] twenty--two thousand [twenty] twenty-one school 42 years equal to the greater of (1) the amount set forth for such school 43 district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in 44 the school aid computer listing produced by the commissioner in support 45 of the budget for the two thousand nine--two thousand ten school year 46 and entitled "SA0910" or (2) the amount set forth for such school 47 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 48 the school aid computer listing produced by the commissioner in support 49 of the executive budget for the 2013-14 fiscal year and entitled 50 "BT131-4". 51 § 14-f. Subdivision 4 of section 3627 of the education law, as amended 52 by section 5-d of part YYY of chapter 59 of the laws of 2019, is amended 53 to read as follows: 54 4. Notwithstanding any other provision of law to the contrary, any 55 expenditures for transportation provided pursuant to this section in the 56 two thousand thirteen--two thousand fourteen school year and thereafterS. 7506--B 14 A. 9506--B 1 and otherwise eligible for transportation aid pursuant to subdivision 2 seven of section thirty-six hundred two of this article shall be consid- 3 ered approved transportation expenses eligible for transportation aid, 4 provided further that for the two thousand thirteen--two thousand four- 5 teen school year such aid shall be limited to eight million one hundred 6 thousand dollars and for the two thousand fourteen--two thousand fifteen 7 school year such aid shall be limited to the sum of twelve million six 8 hundred thousand dollars plus the base amount and for the two thousand 9 fifteen--two thousand sixteen school year through two thousand eigh- 10 teen--two thousand nineteen school year such aid shall be limited to the 11 sum of eighteen million eight hundred fifty thousand dollars plus the 12 base amount, and for the two thousand nineteen--two thousand twenty 13 school year [and thereafter] such aid shall be limited to the sum of 14 nineteen million three hundred fifty thousand dollars plus the base 15 amount, and for the two thousand twenty--two thousand twenty-one school 16 year and thereafter such aid shall be limited to the sum of nineteen 17 million eight hundred fifty thousand dollars plus the base amount. For 18 purposes of this subdivision, "base amount" means the amount of trans- 19 portation aid paid to the school district for expenditures incurred in 20 the two thousand twelve--two thousand thirteen school year for transpor- 21 tation that would have been eligible for aid pursuant to this section 22 had this section been in effect in such school year, except that subdi- 23 vision six of this section shall be deemed not to have been in effect. 24 And provided further that the school district shall continue to annually 25 expend for the transportation described in subdivision one of this 26 section at least the expenditures used for the base amount. 27 § 15. Intentionally omitted. 28 § 16. Intentionally omitted. 29 § 17. Intentionally omitted. 30 § 18. Intentionally omitted. 31 § 19. Intentionally omitted. 32 § 20. Intentionally omitted. 33 § 21. Intentionally omitted. 34 § 22. Subdivision 16 of section 3602-ee of the education law, as 35 amended by section 19 of part YYY of chapter 59 of the laws of 2019, is 36 amended to read as follows: 37 16. The authority of the department to administer the universal full- 38 day pre-kindergarten program shall expire June thirtieth, two thousand 39 [twenty] twenty-one; provided that the program shall continue and remain 40 in full effect. 41 § 22-a. Subdivision 4 of section 51 of part B of chapter 57 of the 42 laws of 2008 amending the education law relating to the universal pre- 43 kindergarten program, as amended by section 28-b of part YYY of chapter 44 59 of the laws of 2017, is amended to read as follows: 45 4. section twenty-three of this act shall take effect July 1, 2008 and 46 shall expire and be deemed repealed June 30, [2020] 2021; 47 § 22-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section 48 3602-ee of the education law, as amended by section 24-a of part YYY of 49 chapter 59 of the laws of 2019, is amended to read as follows: 50 (ii) Provided that, notwithstanding any provisions of this paragraph 51 to the contrary, for the two thousand seventeen-two thousand eighteen 52 through the two thousand [nineteen] twenty--two thousand [twenty] twen- 53 ty-one school years an exemption to the certification requirement of 54 subparagraph (i) of this paragraph may be made for a teacher without 55 certification valid for service in the early childhood grades who 56 possesses a written plan to obtain certification and who has registeredS. 7506--B 15 A. 9506--B 1 in the ASPIRE workforce registry as required under regulations of the 2 commissioner of the office of children and family services. Notwith- 3 standing any exemption provided by this subparagraph, certification 4 shall be required for employment no later than June thirtieth, two thou- 5 sand [twenty] twenty-one; provided that for the two thousand [nineteen] 6 twenty-two thousand [twenty] twenty-one school year, school districts 7 with teachers seeking an exemption to the certification requirement of 8 subparagraph (i) of this paragraph shall submit a report to the commis- 9 sioner regarding (A) the barriers to certification, if any, (B) the 10 number of uncertified teachers registered in the ASPIRE workforce regis- 11 try teaching pre-kindergarten in the district, including those employed 12 by a community-based organization, (C) the number of previously uncer- 13 tified teachers who have completed certification as required by this 14 subdivision, and (D) the expected certification completion date of such 15 teachers. 16 § 23. Intentionally omitted. 17 § 24. The opening paragraph of section 3609-a of the education law, as 18 amended by section 21 of part YYY of chapter 59 of the laws of 2019, is 19 amended to read as follows: 20 For aid payable in the two thousand seven--two thousand eight school 21 year through the two thousand [nineteen] twenty--two thousand [twenty] 22 twenty-one school year, "moneys apportioned" shall mean the lesser of 23 (i) the sum of one hundred percent of the respective amount set forth 24 for each school district as payable pursuant to this section in the 25 school aid computer listing for the current year produced by the commis- 26 sioner in support of the budget which includes the appropriation for the 27 general support for public schools for the prescribed payments and indi- 28 vidualized payments due prior to April first for the current year plus 29 the apportionment payable during the current school year pursuant to 30 subdivision six-a and subdivision fifteen of section thirty-six hundred 31 two of this part minus any reductions to current year aids pursuant to 32 subdivision seven of section thirty-six hundred four of this part or any 33 deduction from apportionment payable pursuant to this chapter for 34 collection of a school district basic contribution as defined in subdi- 35 vision eight of section forty-four hundred one of this chapter, less any 36 grants provided pursuant to subparagraph two-a of paragraph b of subdi- 37 vision four of section ninety-two-c of the state finance law, less any 38 grants provided pursuant to subdivision five of section ninety-seven- 39 nnnn of the state finance law, less any grants provided pursuant to 40 subdivision twelve of section thirty-six hundred forty-one of this arti- 41 cle, or (ii) the apportionment calculated by the commissioner based on 42 data on file at the time the payment is processed; provided however, 43 that for the purposes of any payments made pursuant to this section 44 prior to the first business day of June of the current year, moneys 45 apportioned shall not include any aids payable pursuant to subdivisions 46 six and fourteen, if applicable, of section thirty-six hundred two of 47 this part as current year aid for debt service on bond anticipation 48 notes and/or bonds first issued in the current year or any aids payable 49 for full-day kindergarten for the current year pursuant to subdivision 50 nine of section thirty-six hundred two of this part. The definitions of 51 "base year" and "current year" as set forth in subdivision one of 52 section thirty-six hundred two of this part shall apply to this section. 53 For aid payable in the two thousand [nineteen] twenty--two thousand 54 [twenty] twenty-one school year, reference to such "school aid computer 55 listing for the current year" shall mean the printouts entitled 56 ["SA192-0"] "SA202-1".S. 7506--B 16 A. 9506--B 1 § 25. Intentionally omitted. 2 § 26. Intentionally omitted. 3 § 26-a. Subparagraph (viii) of paragraph (a) of subdivision 1 of 4 section 2856 of the education law, as amended by section 4 of part YYY 5 of chapter 59 of the laws of 2017, is amended and two new subparagraphs 6 (ix) and (x) are added to read as follows: 7 (viii) for the two thousand twenty--two thousand twenty-one [school8year and thereafter] and two thousand twenty-one--two thousand twenty- 9 two school years, the charter school basic tuition shall be the lesser 10 of (A) the product of (i) the charter school basic tuition calculated 11 for the base year multiplied by (ii) the average of the quotients for 12 each school year in the period commencing with the year three years 13 prior to the base year and finishing with the year prior to the base 14 year of the total approved operating expense for such school district 15 calculated pursuant to paragraph t of subdivision one of section thir- 16 ty-six hundred two of this chapter for each such year divided by the 17 total approved operating expense for such district for the immediately 18 preceding year multiplied by, for the two thousand twenty--two thousand 19 twenty-one school year only, (iii) nine hundred forty-five one-thous- 20 andths (0.945) or (B) the quotient of the total general fund expendi- 21 tures for the school district calculated pursuant to an electronic data 22 file created for the purpose of compliance with paragraph b of subdivi- 23 sion twenty-one of section three hundred five of this chapter published 24 annually on May fifteenth for the year prior to the base year divided by 25 the total estimated public enrollment for the school district pursuant 26 to paragraph n of subdivision one of section thirty-six hundred two of 27 this chapter for the year prior to the base year. 28 (ix) for the two thousand twenty-two--two thousand twenty-three 29 through two thousand twenty-four--two thousand twenty-five school years 30 the charter school basic tuition shall be the lesser of (A) the product 31 of (i) the charter school basic tuition calculated for the base year 32 multiplied by (ii) the average of the quotients for each school year in 33 the period commencing with the year four years prior to the base year 34 and finishing with the year prior to the base year, excluding the two 35 thousand twenty--two thousand twenty-one school year, of the total 36 approved operating expense for such school district calculated pursuant 37 to paragraph t of subdivision one of section thirty-six hundred two of 38 this chapter for each such year divided by the total approved operating 39 expense for such district for the immediately preceding year or (B) the 40 quotient of the total general fund expenditures for the school district 41 calculated pursuant to an electronic data file created for the purpose 42 of compliance with paragraph b of subdivision twenty-one of section 43 three hundred five of this chapter published annually on May fifteenth 44 for the year prior to the base year divided by the total estimated 45 public enrollment for the school district pursuant to paragraph n of 46 subdivision one of section thirty-six hundred two of this chapter for 47 the year prior to the base year. 48 (x) for the two thousand twenty-five--two thousand twenty-six school 49 year and thereafter the charter school basic tuition shall be the lesser 50 of (A) the product of (i) the charter school basic tuition calculated 51 for the base year multiplied by (ii) the average of the quotients for 52 each school year in the period commencing with the year three years 53 prior to the base year and finishing with the year prior to the base 54 year of the total approved operating expense for such school district 55 calculated pursuant to paragraph t of subdivision one of section thir- 56 ty-six hundred two of this chapter for each such year divided by theS. 7506--B 17 A. 9506--B 1 total approved operating expense for such district for the immediately 2 preceding year or (B) the quotient of the total general fund expendi- 3 tures for the school district calculated pursuant to an electronic data 4 file created for the purpose of compliance with paragraph b of subdivi- 5 sion twenty-one of section three hundred five of this chapter published 6 annually on May fifteenth for the year prior to the base year divided by 7 the total estimated public enrollment for the school district pursuant 8 to paragraph n of subdivision one of section thirty-six hundred two of 9 this chapter for the year prior to the base year. 10 § 26-b. Subparagraph (viii) of paragraph (a) of subdivision 1 of 11 section 2856 of the education law, as amended by section 4-a of part YYY 12 of chapter 59 of the laws of 2017, is amended and two new subparagraphs 13 (ix) and (x) are added to read as follows: 14 (viii) for the two thousand twenty--two thousand twenty-one [school15year and thereafter] and two thousand twenty-one--two thousand twenty- 16 two school years, the charter school basic tuition shall be the lesser 17 of (A) the product of (i) the charter school basic tuition calculated 18 for the base year multiplied by (ii) the average of the quotients for 19 each school year in the period commencing with the year three years 20 prior to the base year and finishing with the year prior to the base 21 year of the total approved operating expense for such school district 22 calculated pursuant to paragraph t of subdivision one of section thir- 23 ty-six hundred two of this chapter for each such year divided by the 24 total approved operating expense for such district for the immediately 25 preceding year multiplied by, for the two thousand twenty--two thousand 26 twenty-one school year only, (iii) nine hundred forty-five one-thous- 27 andths (0.945) or (B) the quotient of the total general fund expendi- 28 tures for the school district calculated pursuant to an electronic data 29 file created for the purpose of compliance with paragraph b of subdivi- 30 sion twenty-one of section three hundred five of this chapter published 31 annually on May fifteenth for the year prior to the base year divided by 32 the total estimated public enrollment for the school district pursuant 33 to paragraph n of subdivision one of section thirty-six hundred two of 34 this chapter for the year prior to the base year. 35 (ix) for the two thousand twenty-two--two thousand twenty-three 36 through two thousand twenty-four--two thousand twenty-five school years 37 the charter school basic tuition shall be the lesser of (A) the product 38 of (i) the charter school basic tuition calculated for the base year 39 multiplied by (ii) the average of the quotients for each school year in 40 the period commencing with the year four years prior to the base year 41 and finishing with the year prior to the base year, excluding the two 42 thousand twenty--two thousand twenty-one school year, of the total 43 approved operating expense for such school district calculated pursuant 44 to paragraph t of subdivision one of section thirty-six hundred two of 45 this chapter for each such year divided by the total approved operating 46 expense for such district for the immediately preceding year or (B) the 47 quotient of the total general fund expenditures for the school district 48 calculated pursuant to an electronic data file created for the purpose 49 of compliance with paragraph b of subdivision twenty-one of section 50 three hundred five of this chapter published annually on May fifteenth 51 for the year prior to the base year divided by the total estimated 52 public enrollment for the school district pursuant to paragraph n of 53 subdivision one of section thirty-six hundred two of this chapter for 54 the year prior to the base year. 55 (x) for the two thousand twenty-five--two thousand twenty-six school 56 year and thereafter the charter school basic tuition shall be the lesserS. 7506--B 18 A. 9506--B 1 of (A) the product of (i) the charter school basic tuition calculated 2 for the base year multiplied by (ii) the average of the quotients for 3 each school year in the period commencing with the year three years 4 prior to the base year and finishing with the year prior to the base 5 year of the total approved operating expense for such school district 6 calculated pursuant to paragraph t of subdivision one of section thir- 7 ty-six hundred two of this chapter for each such year divided by the 8 total approved operating expense for such district for the immediately 9 preceding year or (B) the quotient of the total general fund expendi- 10 tures for the school district calculated pursuant to an electronic data 11 file created for the purpose of compliance with paragraph b of subdivi- 12 sion twenty-one of section three hundred five of this chapter published 13 annually on May fifteenth for the year prior to the base year divided by 14 the total estimated public enrollment for the school district pursuant 15 to paragraph n of subdivision one of section thirty-six hundred two of 16 this chapter for the year prior to the base year. 17 § 27. Subdivisions 1 and 3 of section 801 of the education law, as 18 amended by chapter 574 of the laws of 1997, are amended to read as 19 follows: 20 1. In order to promote a spirit of patriotic and civic service and 21 obligation and to foster in the children of the state moral and intel- 22 lectual qualities which are essential in preparing to meet the obli- 23 gations of citizenship in peace or in war, the regents of The University 24 of the State of New York shall prescribe courses of instruction in 25 patriotism, citizenship, civic education and values, our shared history 26 of diversity, the role of religious tolerance in this country, and human 27 rights issues, with particular attention to the study of the inhumanity 28 of genocide, slavery (including the freedom trail and underground rail- 29 road), the Holocaust, and the mass starvation in Ireland from 1845 to 30 1850, to be maintained and followed in all the schools of the state. The 31 boards of education and trustees of the several cities and school 32 districts of the state shall require instruction to be given in such 33 courses, by the teachers employed in the schools therein. All pupils 34 attending such schools, over the age of eight years, shall attend upon 35 such instruction. 36 Similar courses of instruction shall be prescribed and maintained in 37 private schools in the state, and all pupils in such schools over eight 38 years of age shall attend upon such courses. If such courses are not so 39 established and maintained in a private school, attendance upon instruc- 40 tion in such school shall not be deemed substantially equivalent to 41 instruction given to pupils of like age in the public schools of the 42 city or district in which such pupils reside. 43 3. The regents shall determine the subjects to be included in such 44 courses of instruction in patriotism, citizenship, civic education and 45 values, our shared history of diversity, the role of history of diversi- 46 ty, the role of religious tolerance in this country, and human rights 47 issues, with particular attention to the study of the inhumanity of 48 genocide, slavery (including the freedom trail and underground rail- 49 road), the Holocaust, and the mass starvation in Ireland from 1845 to 50 1850, and in the history, meaning, significance and effect of the 51 provisions of the constitution of the United States, the amendments 52 thereto, the declaration of independence, the constitution of the state 53 of New York and the amendments thereto, and the period of instruction in 54 each of the grades in such subjects. They shall adopt rules providing 55 for attendance upon such instruction and for such other matters as are 56 required for carrying into effect the objects and purposes of thisS. 7506--B 19 A. 9506--B 1 section. The commissioner shall be responsible for the enforcement of 2 such section and shall cause to be inspected and supervise the instruc- 3 tion to be given in such subjects. The commissioner may, in his 4 discretion, cause all or a portion of the public school money to be 5 apportioned to a district or city to be withheld for failure of the 6 school authorities of such district or city to provide instruction in 7 such courses and to compel attendance upon such instruction, as herein 8 prescribed, and for a non-compliance with the rules of the regents 9 adopted as herein provided. 10 § 28. Section 2590-h of the education law is amended by adding a new 11 subdivision 55 to read as follows: 12 55. Ensure that all public, nonpublic, and charter school students 13 enrolled in elementary and secondary schools located in the city of New 14 York be provided with additional opportunities to supplement classroom 15 instruction including, but not limited to, visiting educational and 16 cultural sites and institutions such as a Holocaust museum, African 17 American cultural centers and historical landmarks, a Native American 18 museum, Asian American museums and cultural centers, a LatinX American 19 museum, center for women, LGBTQ historical landmarks, and American 20 historical landmarks and monuments. 21 § 29. Section 3609-h of the education law, as added by section 7 of 22 part A of chapter 56 of the laws of 2015, is amended to read as follows: 23 § 3609-h. Moneys apportioned to school districts for commercial gaming 24 grants pursuant to subdivision six of section ninety-seven-nnnn of the 25 state finance law, when and how payable commencing July first, two thou- 26 sand fourteen. Notwithstanding the provisions of section thirty-six 27 hundred nine-a of this part, apportionments payable pursuant to subdivi- 28 sion six of section ninety-seven-nnnn of the state finance law shall be 29 paid pursuant to this section. The definitions of "base year" and 30 "current year" as set forth in subdivision one of section thirty-six 31 hundred two of this part shall apply to this section. 32 1. The moneys apportioned by the commissioner to school districts 33 pursuant to subdivision six of section ninety-seven-nnnn of the state 34 finance law for the two thousand fourteen-two thousand fifteen school 35 year and thereafter shall be paid as a commercial gaming grant, as 36 computed pursuant to such subdivision, as follows: 37 a. For the two thousand fourteen--two thousand fifteen school year, 38 one hundred percent of such grant shall be paid on the same date as the 39 payment computed pursuant to clause (v) of subparagraph three of para- 40 graph b of subdivision one of section thirty-six hundred nine-a of this 41 article. 42 b. For the two thousand fifteen--two thousand sixteen school year [and43thereafter] through the two thousand eighteen--two thousand nineteen 44 school year, seventy percent of such grant shall be paid on the same 45 date as the payment computed pursuant to clause (ii) of subparagraph 46 three of paragraph b of subdivision one of section thirty-six hundred 47 nine-a of this article, and thirty percent of such grant shall be paid 48 on the same date as the payment computed pursuant to clause (v) of 49 subparagraph three of paragraph b of subdivision one of section thirty- 50 six hundred nine-a of this article. 51 c. For the two thousand nineteen--two thousand twenty school year and 52 thereafter, one hundred percent of such grant shall be paid on the same 53 date as the payment computed pursuant to clause (ii) of subparagraph 54 three of paragraph b of subdivision one of section thirty-six hundred 55 nine-a of this article.S. 7506--B 20 A. 9506--B 1 2. Any payment to a school district pursuant to this section shall be 2 general receipts of the district and may be used for any lawful purpose 3 of the district. 4 § 30. Subdivision b of section 2 of chapter 756 of the laws of 1992, 5 relating to funding a program for work force education conducted by the 6 consortium for worker education in New York city, as amended by section 7 35 of part YYY of chapter 59 of the laws of 2019, is amended to read as 8 follows: 9 b. Reimbursement for programs approved in accordance with subdivision 10 a of this section for the reimbursement for the [2017--2018 school year11shall not exceed 60.4 percent of the lesser of such approvable costs per12contact hour or thirteen dollars and ninety cents per contact hour,13reimbursement for the] 2018--2019 school year shall not exceed 59.4 14 percent of the lesser of such approvable costs per contact hour or four- 15 teen dollars and ninety-five cents per contact hour, [and] reimbursement 16 for the 2019--2020 school year shall not exceed 57.7 percent of the 17 lesser of such approvable costs per contact hour or fifteen dollars 18 sixty cents per contact hour, and reimbursement for the 2020--2021 19 school year shall not exceed 56.9 percent of the lesser of such approva- 20 ble costs per contact hour or sixteen dollars and twenty-five cents per 21 contact hour, and where a contact hour represents sixty minutes of 22 instruction services provided to an eligible adult. Notwithstanding any 23 other provision of law to the contrary, [for the 2017--2018 school year24such contact hours shall not exceed one million five hundred forty-nine25thousand four hundred sixty-three (1,549,463); and] for the 2018--2019 26 school year such contact hours shall not exceed one million four hundred 27 sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the 28 2019--2020 school year such contact hours shall not exceed one million 29 four hundred forty-four thousand four hundred forty-four (1,444,444); 30 and for the 2020--2021 school year such contact hours shall not exceed 31 one million four hundred six thousand nine hundred twenty-six 32 (1,406,926). Notwithstanding any other provision of law to the contra- 33 ry, the apportionment calculated for the city school district of the 34 city of New York pursuant to subdivision 11 of section 3602 of the 35 education law shall be computed as if such contact hours provided by the 36 consortium for worker education, not to exceed the contact hours set 37 forth herein, were eligible for aid in accordance with the provisions of 38 such subdivision 11 of section 3602 of the education law. 39 § 31. Section 4 of chapter 756 of the laws of 1992, relating to fund- 40 ing a program for work force education conducted by the consortium for 41 worker education in New York city, is amended by adding a new subdivi- 42 sion y to read as follows: 43 y. The provisions of this subdivision shall not apply after the 44 completion of payments for the 2020-21 school year. Notwithstanding any 45 inconsistent provisions of law, the commissioner of education shall 46 withhold a portion of employment preparation education aid due to the 47 city school district of the city of New York to support a portion of the 48 costs of the work force education program. Such moneys shall be credited 49 to the elementary and secondary education fund-local assistance account 50 and shall not exceed thirteen million dollars ($13,000,000). 51 § 32. Section 6 of chapter 756 of the laws of 1992, relating to fund- 52 ing a program for work force education conducted by the consortium for 53 worker education in New York city, as amended by section 37 of part YYY 54 of chapter 59 of the laws of 2019, is amended to read as follows: 55 § 6. This act shall take effect July 1, 1992, and shall be deemed 56 repealed on June 30, [2020] 2021.S. 7506--B 21 A. 9506--B 1 § 32-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa- 2 tion law, as amended by section 37-a of part YYY of chapter 59 of the 3 laws of 2019, is amended to read as follows: 4 a-1. Notwithstanding the provisions of paragraph a of this subdivi- 5 sion, for aid payable in the school years two thousand--two thousand one 6 through two thousand nine--two thousand ten, and two thousand eleven-- 7 two thousand twelve through two thousand [nineteen] twenty--two thousand 8 [twenty] twenty-one, the commissioner may set aside an amount not to 9 exceed two million five hundred thousand dollars from the funds appro- 10 priated for purposes of this subdivision for the purpose of serving 11 persons twenty-one years of age or older who have not been enrolled in 12 any school for the preceding school year, including persons who have 13 received a high school diploma or high school equivalency diploma but 14 fail to demonstrate basic educational competencies as defined in regu- 15 lation by the commissioner, when measured by accepted standardized 16 tests, and who shall be eligible to attend employment preparation educa- 17 tion programs operated pursuant to this subdivision. 18 § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 19 relating to certain provisions related to the 1994-95 state operations, 20 aid to localities, capital projects and debt service budgets, as amended 21 by section 32 of part CCC of chapter 59 of the laws of 2018, is amended 22 to read as follows: 23 1. Sections one through seventy of this act shall be deemed to have 24 been in full force and effect as of April 1, 1994 provided, however, 25 that sections one, two, twenty-four, twenty-five and twenty-seven 26 through seventy of this act shall expire and be deemed repealed on March 27 31, 2000; provided, however, that section twenty of this act shall apply 28 only to hearings commenced prior to September 1, 1994, and provided 29 further that section twenty-six of this act shall expire and be deemed 30 repealed on March 31, 1997; and provided further that sections four 31 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 32 twenty-one-a of this act shall expire and be deemed repealed on March 33 31, 1997; and provided further that sections three, fifteen, seventeen, 34 twenty, twenty-two and twenty-three of this act shall expire and be 35 deemed repealed on March 31, [2020] 2022. 36 § 34. Section 12 of chapter 147 of the laws of 2001, amending the 37 education law relating to conditional appointment of school district, 38 charter school or BOCES employees, as amended by section 39 of part YYY 39 of chapter 59 of the laws of 2019, is amended to read as follows: 40 § 12. This act shall take effect on the same date as chapter 180 of 41 the laws of 2000 takes effect, and shall expire July 1, [2020] 2021 when 42 upon such date the provisions of this act shall be deemed repealed. 43 § 35. Section 4 of chapter 425 of the laws of 2002, amending the 44 education law relating to the provision of supplemental educational 45 services, attendance at a safe public school and the suspension of 46 pupils who bring a firearm to or possess a firearm at a school, as 47 amended by section 40 of part YYY of chapter 59 of the laws of 2019, is 48 amended to read as follows: 49 § 4. This act shall take effect July 1, 2002 and section one of this 50 act shall expire and be deemed repealed June 30, 2019, and sections two 51 and three of this act shall expire and be deemed repealed on June 30, 52 [2020] 2021. 53 § 36. Section 5 of chapter 101 of the laws of 2003, amending the 54 education law relating to implementation of the No Child Left Behind Act 55 of 2001, as amended by section 41 of part YYY of chapter 59 of the laws 56 of 2019, is amended to read as follows:S. 7506--B 22 A. 9506--B 1 § 5. This act shall take effect immediately; provided that sections 2 one, two and three of this act shall expire and be deemed repealed on 3 June 30, [2020] 2021. 4 § 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws 5 of 2004, relating to the support of education, as amended by section 58 6 of part YYY of chapter 59 of the laws of 2017, is amended to read as 7 follows: 8 11. section seventy-one of this act shall expire and be deemed 9 repealed June 30, [2020] 2023; 10 § 38. School bus driver training. In addition to apportionments other- 11 wise provided by section 3602 of the education law, for aid payable in 12 the 2020-2021 school year, the commissioner of education shall allocate 13 school bus driver training grants to school districts and boards of 14 cooperative educational services pursuant to sections 3650-a, 3650-b and 15 3650-c of the education law, or for contracts directly with not-for-pro- 16 fit educational organizations for the purposes of this section. Such 17 payments shall not exceed four hundred thousand dollars ($400,000) per 18 school year. 19 § 39. Special apportionment for salary expenses. a. Notwithstanding 20 any other provision of law, upon application to the commissioner of 21 education, not sooner than the first day of the second full business 22 week of June 2021 and not later than the last day of the third full 23 business week of June 2021, a school district eligible for an apportion- 24 ment pursuant to section 3602 of the education law shall be eligible to 25 receive an apportionment pursuant to this section, for the school year 26 ending June 30, 2021, for salary expenses incurred between April 1 and 27 June 30, 2020 and such apportionment shall not exceed the sum of (i) the 28 deficit reduction assessment of 1990--1991 as determined by the commis- 29 sioner of education, pursuant to paragraph f of subdivision 1 of section 30 3602 of the education law, as in effect through June 30, 1993, plus (ii) 31 186 percent of such amount for a city school district in a city with a 32 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of 33 such amount for a city school district in a city with a population of 34 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 35 ing to the latest federal census, plus (iv) the net gap elimination 36 adjustment for 2010--2011, as determined by the commissioner of educa- 37 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- 38 nation adjustment for 2011--2012 as determined by the commissioner of 39 education pursuant to subdivision 17 of section 3602 of the education 40 law, and provided further that such apportionment shall not exceed such 41 salary expenses. Such application shall be made by a school district, 42 after the board of education or trustees have adopted a resolution to do 43 so and in the case of a city school district in a city with a population 44 in excess of 125,000 inhabitants, with the approval of the mayor of such 45 city. 46 b. The claim for an apportionment to be paid to a school district 47 pursuant to subdivision a of this section shall be submitted to the 48 commissioner of education on a form prescribed for such purpose, and 49 shall be payable upon determination by such commissioner that the form 50 has been submitted as prescribed. Such approved amounts shall be payable 51 on the same day in September of the school year following the year in 52 which application was made as funds provided pursuant to subparagraph 53 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 54 law, on the audit and warrant of the state comptroller on vouchers 55 certified or approved by the commissioner of education in the manner 56 prescribed by law from moneys in the state lottery fund and from theS. 7506--B 23 A. 9506--B 1 general fund to the extent that the amount paid to a school district 2 pursuant to this section exceeds the amount, if any, due such school 3 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 4 section 3609-a of the education law in the school year following the 5 year in which application was made. 6 c. Notwithstanding the provisions of section 3609-a of the education 7 law, an amount equal to the amount paid to a school district pursuant to 8 subdivisions a and b of this section shall first be deducted from the 9 following payments due the school district during the school year 10 following the year in which application was made pursuant to subpara- 11 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 12 section 3609-a of the education law in the following order: the lottery 13 apportionment payable pursuant to subparagraph (2) of such paragraph 14 followed by the fixed fall payments payable pursuant to subparagraph (4) 15 of such paragraph and then followed by the district's payments to the 16 teachers' retirement system pursuant to subparagraph (1) of such para- 17 graph, and any remainder to be deducted from the individualized payments 18 due the district pursuant to paragraph b of such subdivision shall be 19 deducted on a chronological basis starting with the earliest payment due 20 the district. 21 § 40. Special apportionment for public pension accruals. a. Notwith- 22 standing any other provision of law, upon application to the commission- 23 er of education, not later than June 30, 2021, a school district eligi- 24 ble for an apportionment pursuant to section 3602 of the education law 25 shall be eligible to receive an apportionment pursuant to this section, 26 for the school year ending June 30, 2021 and such apportionment shall 27 not exceed the additional accruals required to be made by school 28 districts in the 2004--2005 and 2005--2006 school years associated with 29 changes for such public pension liabilities. The amount of such addi- 30 tional accrual shall be certified to the commissioner of education by 31 the president of the board of education or the trustees or, in the case 32 of a city school district in a city with a population in excess of 33 125,000 inhabitants, the mayor of such city. Such application shall be 34 made by a school district, after the board of education or trustees have 35 adopted a resolution to do so and in the case of a city school district 36 in a city with a population in excess of 125,000 inhabitants, with the 37 approval of the mayor of such city. 38 b. The claim for an apportionment to be paid to a school district 39 pursuant to subdivision a of this section shall be submitted to the 40 commissioner of education on a form prescribed for such purpose, and 41 shall be payable upon determination by such commissioner that the form 42 has been submitted as prescribed. Such approved amounts shall be payable 43 on the same day in September of the school year following the year in 44 which application was made as funds provided pursuant to subparagraph 45 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 46 law, on the audit and warrant of the state comptroller on vouchers 47 certified or approved by the commissioner of education in the manner 48 prescribed by law from moneys in the state lottery fund and from the 49 general fund to the extent that the amount paid to a school district 50 pursuant to this section exceeds the amount, if any, due such school 51 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 52 section 3609-a of the education law in the school year following the 53 year in which application was made. 54 c. Notwithstanding the provisions of section 3609-a of the education 55 law, an amount equal to the amount paid to a school district pursuant to 56 subdivisions a and b of this section shall first be deducted from theS. 7506--B 24 A. 9506--B 1 following payments due the school district during the school year 2 following the year in which application was made pursuant to subpara- 3 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 4 section 3609-a of the education law in the following order: the lottery 5 apportionment payable pursuant to subparagraph (2) of such paragraph 6 followed by the fixed fall payments payable pursuant to subparagraph (4) 7 of such paragraph and then followed by the district's payments to the 8 teachers' retirement system pursuant to subparagraph (1) of such para- 9 graph, and any remainder to be deducted from the individualized payments 10 due the district pursuant to paragraph b of such subdivision shall be 11 deducted on a chronological basis starting with the earliest payment due 12 the district. 13 § 41. Notwithstanding the provision of any law, rule, or regulation to 14 the contrary, the city school district of the city of Rochester, upon 15 the consent of the board of cooperative educational services of the 16 supervisory district serving its geographic region may purchase from 17 such board for the 2020--2021 school year, as a non-component school 18 district, services required by article 19 of the education law. 19 § 42. The amounts specified in this section shall be a set-aside from 20 the state funds which each such district is receiving from the total 21 foundation aid: 22 a. for the development, maintenance or expansion of magnet schools or 23 magnet school programs for the 2020--2021 school year. For the city 24 school district of the city of New York there shall be a setaside of 25 foundation aid equal to forty-eight million one hundred seventy-five 26 thousand dollars ($48,175,000) including five hundred thousand dollars 27 ($500,000) for the Andrew Jackson High School; for the Buffalo city 28 school district, twenty-one million twenty-five thousand dollars 29 ($21,025,000); for the Rochester city school district, fifteen million 30 dollars ($15,000,000); for the Syracuse city school district, thirteen 31 million dollars ($13,000,000); for the Yonkers city school district, 32 forty-nine million five hundred thousand dollars ($49,500,000); for the 33 Newburgh city school district, four million six hundred forty-five thou- 34 sand dollars ($4,645,000); for the Poughkeepsie city school district, 35 two million four hundred seventy-five thousand dollars ($2,475,000); for 36 the Mount Vernon city school district, two million dollars ($2,000,000); 37 for the New Rochelle city school district, one million four hundred ten 38 thousand dollars ($1,410,000); for the Schenectady city school district, 39 one million eight hundred thousand dollars ($1,800,000); for the Port 40 Chester city school district, one million one hundred fifty thousand 41 dollars ($1,150,000); for the White Plains city school district, nine 42 hundred thousand dollars ($900,000); for the Niagara Falls city school 43 district, six hundred thousand dollars ($600,000); for the Albany city 44 school district, three million five hundred fifty thousand dollars 45 ($3,550,000); for the Utica city school district, two million dollars 46 ($2,000,000); for the Beacon city school district, five hundred sixty- 47 six thousand dollars ($566,000); for the Middletown city school 48 district, four hundred thousand dollars ($400,000); for the Freeport 49 union free school district, four hundred thousand dollars ($400,000); 50 for the Greenburgh central school district, three hundred thousand 51 dollars ($300,000); for the Amsterdam city school district, eight 52 hundred thousand dollars ($800,000); for the Peekskill city school 53 district, two hundred thousand dollars ($200,000); and for the Hudson 54 city school district, four hundred thousand dollars ($400,000). 55 b. Notwithstanding any inconsistent provision of law to the contrary, 56 a school district setting aside such foundation aid pursuant to thisS. 7506--B 25 A. 9506--B 1 section may use such setaside funds for: (i) any instructional or 2 instructional support costs associated with the operation of a magnet 3 school; or (ii) any instructional or instructional support costs associ- 4 ated with implementation of an alternative approach to promote diversity 5 and/or enhancement of the instructional program and raising of standards 6 in elementary and secondary schools of school districts having substan- 7 tial concentrations of minority students. 8 c. The commissioner of education shall not be authorized to withhold 9 foundation aid from a school district that used such funds in accordance 10 with this paragraph, notwithstanding any inconsistency with a request 11 for proposals issued by such commissioner for the purpose of attendance 12 improvement and dropout prevention for the 2020--2021 school year, and 13 for any city school district in a city having a population of more than 14 one million, the setaside for attendance improvement and dropout 15 prevention shall equal the amount set aside in the base year. For the 16 2020--2021 school year, it is further provided that any city school 17 district in a city having a population of more than one million shall 18 allocate at least one-third of any increase from base year levels in 19 funds set aside pursuant to the requirements of this section to communi- 20 ty-based organizations. Any increase required pursuant to this section 21 to community-based organizations must be in addition to allocations 22 provided to community-based organizations in the base year. 23 d. For the purpose of teacher support for the 2020--2021 school year: 24 for the city school district of the city of New York, sixty-two million 25 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 26 school district, one million seven hundred forty-one thousand dollars 27 ($1,741,000); for the Rochester city school district, one million seven- 28 ty-six thousand dollars ($1,076,000); for the Yonkers city school 29 district, one million one hundred forty-seven thousand dollars 30 ($1,147,000); and for the Syracuse city school district, eight hundred 31 nine thousand dollars ($809,000). All funds made available to a school 32 district pursuant to this section shall be distributed among teachers 33 including prekindergarten teachers and teachers of adult vocational and 34 academic subjects in accordance with this section and shall be in addi- 35 tion to salaries heretofore or hereafter negotiated or made available; 36 provided, however, that all funds distributed pursuant to this section 37 for the current year shall be deemed to incorporate all funds distrib- 38 uted pursuant to former subdivision 27 of section 3602 of the education 39 law for prior years. In school districts where the teachers are repres- 40 ented by certified or recognized employee organizations, all salary 41 increases funded pursuant to this section shall be determined by sepa- 42 rate collective negotiations conducted pursuant to the provisions and 43 procedures of article 14 of the civil service law, notwithstanding the 44 existence of a negotiated agreement between a school district and a 45 certified or recognized employee organization. 46 § 42-a. Subdivision a of section 5 of chapter 121 of the laws of 1996, 47 relating to authorizing the Roosevelt union free school district to 48 finance deficits by the issuance of serial bonds, as amended by section 49 52-a of part YYY of chapter 59 of the laws of 2019, is amended to read 50 as follows: 51 a. Notwithstanding any other provisions of law, upon application to 52 the commissioner of education submitted not sooner than April first and 53 not later than June thirtieth of the applicable school year, the Roose- 54 velt union free school district shall be eligible to receive an appor- 55 tionment pursuant to this chapter for salary expenses, including related 56 benefits, incurred between April first and June thirtieth of such schoolS. 7506--B 26 A. 9506--B 1 year. Such apportionment shall not exceed: for the 1996-97 school year 2 through the [2019-20] 2020-21 school year, four million dollars 3 ($4,000,000); for the [2020-21] 2021-22 school year, three million 4 dollars ($3,000,000); for the [2021-22] 2022-23 school year, two million 5 dollars ($2,000,000); for the [2022-23] 2023-24 school year, one million 6 dollars ($1,000,000); and for the [2023-24] 2024-25 school year, zero 7 dollars. Such annual application shall be made after the board of 8 education has adopted a resolution to do so with the approval of the 9 commissioner of education. 10 § 42-b. Section 8 of chapter 89 of the laws of 2016 relating to 11 supplementary funding for dedicated programs for public school students 12 in the East Ramapo central school district, as amended by section 46-a 13 of part YYY of chapter 59 of the laws of 2019, is amended to read as 14 follows: 15 § 8. This act shall take effect July 1, 2016 and shall expire and be 16 deemed repealed June 30, [2020] 2021, except that paragraph (b) of 17 section five of this act and section seven of this act shall expire and 18 be deemed repealed June 30, 2021. 19 § 42-c. Subdivision (a) of section 11 of chapter 18 of the laws of 20 2020, authorizing deficit financing and an advance of aid payments for 21 the Wyandanch union free school district, is amended to read as follows: 22 (a) The school district is hereby authorized to issue serial bonds, 23 subject to the provisions of section 10.10 of the local finance law, on 24 or before [June thirtieth] October thirty-first, two thousand twenty, in 25 an aggregate principal amount not to exceed [three] four million [one] 26 five hundred thousand dollars [($3,100,000)] ($4,500,000), for the 27 specific object or purpose of liquidating actual deficits in its general 28 fund at the close of the fiscal year ending June thirtieth, two thousand 29 nineteen as certified by the state comptroller. In anticipation of the 30 issuance and sale of such serial bonds, bond anticipation notes are 31 hereby authorized to be issued. 32 § 43. Support of public libraries. The moneys appropriated for the 33 support of public libraries by a chapter of the laws of 2020 enacting 34 the aid to localities budget shall be apportioned for the 2020-2021 35 state fiscal year in accordance with the provisions of sections 271, 36 272, 273, 282, 284, and 285 of the education law as amended by the 37 provisions of this chapter and the provisions of this section, provided 38 that library construction aid pursuant to section 273-a of the education 39 law shall not be payable from the appropriations for the support of 40 public libraries and provided further that no library, library system or 41 program, as defined by the commissioner of education, shall receive less 42 total system or program aid than it received for the year 2001-2002 43 except as a result of a reduction adjustment necessary to conform to the 44 appropriations for support of public libraries. 45 Notwithstanding any other provision of law to the contrary the moneys 46 appropriated for the support of public libraries for the year 2020-2021 47 by a chapter of the laws of 2020 enacting the education, labor and fami- 48 ly assistance budget shall fulfill the state's obligation to provide 49 such aid and, pursuant to a plan developed by the commissioner of educa- 50 tion and approved by the director of the budget, the aid payable to 51 libraries and library systems pursuant to such appropriations shall be 52 reduced proportionately to assure that the total amount of aid payable 53 does not exceed the total appropriations for such purpose. 54 § 44. Severability. The provisions of this act shall be severable, and 55 if the application of any clause, sentence, paragraph, subdivision, 56 section or part of this act to any person or circumstance shall beS. 7506--B 27 A. 9506--B 1 adjudged by any court of competent jurisdiction to be invalid, such 2 judgment shall not necessarily affect, impair or invalidate the applica- 3 tion of any such clause, sentence, paragraph, subdivision, section, part 4 of this act or remainder thereof, as the case may be, to any other 5 person or circumstance, but shall be confined in its operation to the 6 clause, sentence, paragraph, subdivision, section or part thereof 7 directly involved in the controversy in which such judgment shall have 8 been rendered. 9 § 45. This act shall take effect immediately, and shall be deemed to 10 have been in full force and effect on and after April 1, 2020, provided, 11 however, that: 12 1. sections one, fourteen-a, fourteen-b, fourteen-c, fourteen-d, four- 13 teen-e, twenty-two, twenty-four, twenty-seven, thirty-eight, forty-one, 14 forty-two and forty-two-a of this act shall take effect July 1, 2020; 15 2. the amendments to section 2590-h of the education law made by 16 section twenty-eight of this act shall not affect the expiration and 17 reversion of such section and shall expire and be deemed repealed there- 18 with; 19 3. section twenty-nine of this act shall be deemed to have been in 20 full force and effect on and after April 1, 2019; 21 4. the amendments to chapter 756 of the laws of 1992, relating to 22 funding a program for work force education conducted by a consortium for 23 worker education in New York city made by sections thirty and thirty-one 24 of this act shall not affect the repeal of such chapter and shall be 25 deemed repealed therewith; 26 5. the amendments to paragraph (a) of section 11 of chapter 18 of the 27 laws of 2020 made by section forty-two-c of this act shall not affect 28 the repeal of such section and shall be deemed repealed therewith; and 29 6. the amendments to paragraph (a) of subdivision 1 of section 2856 of 30 the education law made by section twenty-six-a of this act shall be 31 subject to the expiration and reversion of such subdivision pursuant to 32 subdivision d of section 27 of chapter 378 of the laws of 2007, as 33 amended, when upon such date the provisions of section twenty-six-b of 34 this act shall take effect. 35 PART B 36 Section 1. Legislative intent. The purpose of this act is to establish 37 the Syracuse Comprehensive Education and Workforce Training Center 38 focusing on Science, Technology, Engineering, Arts, and Math. The high 39 school within the Syracuse Comprehensive Education and Workforce Train- 40 ing Center shall provide a high school course of instruction for grades 41 nine through twelve, dedicated to providing expanded learning access and 42 career opportunities to students residing in the Onondaga, Cortland and 43 Madison county board of cooperative educational services region and 44 central New York, in the areas of science, technology, engineering, arts 45 and mathematics as well as the core academic areas required for the 46 issuance of high school diplomas in accordance with the rules and regu- 47 lations promulgated by the board of regents. The legislature hereby 48 finds and declares that the establishment of the Syracuse Comprehensive 49 Education and Workforce Training Center is a necessary component to the 50 development of the greater central New York region of New York state and 51 a necessary link to fostering the development and advancement of the 52 arts and emerging technologies. This high school and workforce training 53 center will advance the interests of the central New York region and New 54 York state by engaging students in rigorous and enriching educationalS. 7506--B 28 A. 9506--B 1 experiences focused on the arts and emerging technologies, project-based 2 learning and collaboration and by providing that experience within the 3 context of a business and learning community for the purpose of directly 4 connecting student learning with real world experience in the arts and 5 advanced technical facilities. It is expressly found that the establish- 6 ment and operation of the Syracuse Comprehensive Education and Workforce 7 Training Center pursuant to this act is a public purpose. 8 § 2. Establishment of the Syracuse Comprehensive Education and Work- 9 force Training Center high school. 1. The Syracuse Comprehensive Educa- 10 tion and Workforce Training Center high school may be established by the 11 board of education of the Syracuse city school district pursuant to this 12 section for students in grades nine through twelve. 13 2. Such high school shall be governed by the board of education of the 14 Syracuse city school district. The high school shall be subject to all 15 laws, rules and regulations which are applicable to a public high school 16 unless otherwise provided for in this act. The high school shall be 17 subject to the oversight of the board of regents and the program shall 18 be audited in a manner consistent with provisions of law and regulations 19 that are applicable to other public schools. 20 3. The board of education of the Syracuse city school district shall 21 have the responsibility for the operation, supervision and maintenance 22 of the high school and shall be responsible for the administration of 23 the high school, including curriculum, grading, discipline and staffing. 24 The high school may partner with a certified institution of higher 25 education to offer an early college high school program. The high school 26 and workforce training center may also partner with a certified institu- 27 tion of higher education to offer apprenticeship training and programs. 28 The workforce training center, in collaboration with educational oppor- 29 tunity centers, shall provide career connection programs and opportu- 30 nities including, but not limited to, workforce preparation and train- 31 ing, industry certifications and credentials including advanced 32 technical certifications and high school equivalency programs, and 33 educational opportunity center programs at the Syracuse Comprehensive 34 Education and Workforce Training Center at night. The State University 35 of New York Empire State College may also partner with the New York 36 State Department of Labor. The workforce training center is also 37 authorized to partner with other local entities including, but not 38 limited to, businesses, non-profit organizations, educational opportu- 39 nity centers, state and local governments, and other organizations 40 focused on closing the skills gap and increasing employment opportu- 41 nities through training. The workforce training center programs shall be 42 available to students as well as members of the community. 43 4. Such workforce training center shall be governed by the State 44 University of New York Empire State College in consultation with the 45 board of education of the Syracuse city school district. 46 5. The Syracuse City School District shall develop a comprehensive 47 safety policy that includes a requirement that workforce training center 48 programs offered at the Syracuse Comprehensive Education and Workforce 49 Training Center shall be offered at night. 50 6. The board of education of the Syracuse city school district shall 51 be authorized to enter into contracts as necessary or convenient to 52 operate such high school. 53 7. Students attending such high school shall continue to be enrolled 54 in their school district of residence. The Syracuse city school district 55 shall be responsible for the issuance of a high school diploma toS. 7506--B 29 A. 9506--B 1 students who attended the high school based on such students' successful 2 completion of the high school's educational program. 3 8. For purposes of all state aid calculations made pursuant to the 4 education law, students attending such high school shall continue to be 5 treated and counted as students of their school district of residence. 6 9. The public school district of residence shall be obligated to 7 provide transportation, without regard to any mileage limitations, 8 provided however, for aid reimbursements pursuant to subdivision 7 of 9 section 3602 of the education law, expenses associated with the trans- 10 portation of students to and from the high school up to a distance of 11 thirty miles shall be included. 12 10. It shall be the duty of the student's district of residence to 13 make payments as calculated in this act directly to the school district 14 for each student enrolled in the high school. No costs shall be appor- 15 tioned to school districts that elect not to participate in such high 16 school. 17 11. The trustees or the board of education of a school district may 18 enter into a memorandum of understanding with the board of education of 19 the Syracuse city school district to participate in such high school 20 program for a period not to exceed five years upon such terms as such 21 trustees or board of education and the board of education of the Syra- 22 cuse city school district may mutually agree. Such memorandum of under- 23 standing shall set forth a methodology for the calculation of per pupil 24 tuition costs that shall be subject to review and approval by the 25 commissioner of education. 26 12. Any student eligible for enrollment in grades nine through twelve 27 of a public school entering into a memorandum of understanding with the 28 board of education of the Syracuse city school district to enroll 29 students in the high school shall be eligible for admission to the high 30 school. To the extent that the number of qualified applicants may exceed 31 the number of available spaces, the high school shall grant admission on 32 a random selection basis, provided that an enrollment preference shall 33 be provided to pupils returning to the high school in the second or any 34 subsequent year. The criteria for admission shall not be limited based 35 on intellectual ability, measures of academic achievement or aptitude, 36 athletic aptitude, disability, race, creed, gender, national origin, 37 religion, ancestry, or location of residence. The high school shall 38 determine the tentative enrollment roster, notify the parents, or those 39 in parental relations to those students, and the resident school 40 district by April first of the school year preceding the school year for 41 which the admission is granted. 42 13. Notwithstanding any other provision of law to the contrary, the 43 Syracuse city school district is authorized to transfer ownership of the 44 Syracuse Comprehensive Education and Workforce Training Center facility 45 to the county of Onondaga and the county of Onondaga is authorized to 46 assume such ownership and to enter into a lease for such facility with 47 the Syracuse city school district. The county of Onondaga may contract 48 for indebtedness to renovate such facility and any related financing 49 shall be deemed a county purpose. The county of Onondaga shall transfer 50 ownership of the Syracuse Comprehensive Education and Workforce Training 51 Center facility to the city of Syracuse upon the expiration of the 52 lease. 53 14. Notwithstanding any other provision of law to the contrary, the 54 county of Onondaga shall submit estimated project costs for the reno- 55 vation and equipping of the Syracuse Comprehensive Education and Work- 56 force Training Center after the completion of schematic plans and spec-S. 7506--B 30 A. 9506--B 1 ifications for review by the commissioner of education. If the total 2 project costs associated with such project exceed the approved cost 3 allowance of such building project pursuant to section three of this 4 act, and the county has not otherwise demonstrated to the satisfaction 5 of the New York state education department the availability of addi- 6 tional local shares for such excess costs from the city of Syracuse 7 and/or the Syracuse city school district, then the county shall not 8 proceed with the preparation of final plans and specifications for such 9 project until the project has been redesigned or value-engineered to 10 reduce estimated project costs so as not to exceed the above cost 11 limits. 12 15. Notwithstanding any other provision of law to the contrary, the 13 county of Onondaga shall submit estimated project costs for the reno- 14 vation and equipping of the Syracuse Comprehensive Education Workforce 15 and Training Center after the completion of fifty percent of the final 16 plans and specifications for review by the commissioner of education. If 17 the total project costs associated with such project exceed the approved 18 cost allowance of such building project pursuant to subparagraph (8) of 19 paragraph a of subdivision 6 of section 3602 of the education law, and 20 the county has not otherwise demonstrated to the satisfaction of the New 21 York state education department the availability of additional local 22 share for such excess costs from the city of Syracuse and/or the Syra- 23 cuse city school district, then the county shall not proceed with the 24 completion of the remaining fifty percent of the plans and specifica- 25 tions for such project until the project has been redesigned or value- 26 engineered to reduce estimated project costs so as to not exceed the 27 above cost limits. 28 § 3. Paragraph a of subdivision 6 of section 3602 of the education law 29 is amended by adding a new subparagraph 8 to read as follows: 30 (8) Notwithstanding any other provision of law to the contrary, for 31 the purpose of computation of building aid for the renovation and equip- 32 ping of the Syracuse Comprehensive Education and Workforce Training 33 Center high school authorized for operation by the Syracuse city school 34 district the building aid units assigned to this project shall reflect a 35 building aid enrollment of one thousand students and multi-year cost 36 allowances for the project shall be established and utilized two times 37 in the first five-year period. Subsequent multi-year cost allowances 38 shall be established no sooner than ten years after establishment of the 39 first maximum cost allowance authorized pursuant to this subparagraph. 40 § 4. This act shall take effect immediately. 41 PART C 42 Section 1. Definitions. As used in this act: 43 (a) "Commissioner" shall mean the commissioner of education; 44 (b) "Department" shall mean the state education department; 45 (c) "Board of education" or "board" shall mean the board of education 46 of the Rochester city school district; 47 (d) "School district" or "district" shall mean the Rochester city 48 school district; 49 (e) "Superintendent" shall mean the superintendent of the Rochester 50 city school district; 51 (f) "Relatives" shall mean a Rochester city school district board 52 member's spouse, domestic partner, child, stepchild, stepparent, or any 53 person who is a direct descendant of the grandparents of a current board 54 member or a board member's spouse or domestic partner; andS. 7506--B 31 A. 9506--B 1 (g) "City" shall mean the city of Rochester. 2 § 2. Appointment of a monitor. The commissioner shall appoint one 3 monitor to provide oversight, guidance and technical assistance related 4 to the educational and fiscal policies, practices, programs and deci- 5 sions of the school district, the board of education and the superinten- 6 dent. 7 1. The monitor, to the extent practicable, shall have experience in 8 school district finances and one or more of the following areas: 9 (a) elementary and secondary education; 10 (b) the operation of school districts in New York; 11 (c) educating students with disabilities; and 12 (d) educating English language learners. 13 2. The monitor shall be a non-voting ex-officio member of the board of 14 education. The monitor shall be an individual who is not a resident, 15 employee of the school district or relative of a board member of the 16 school district at the time of his or her appointment. 17 3. The reasonable and necessary expenses incurred by the monitor while 18 performing his or her official duties shall be paid by the school 19 district. Notwithstanding any other provision of law, the monitor shall 20 be entitled to defense and indemnification by the school district to the 21 same extent as a school district employee. 22 § 3. Meetings. 1. The monitor shall be entitled to attend all meetings 23 of the board, including executive sessions; provided however, such moni- 24 tor shall not be considered for purposes of establishing a quorum of the 25 board. The school district shall fully cooperate with the monitor 26 including, but not limited to, providing such monitor with access to any 27 necessary documents and records of the district including access to 28 electronic information systems, databases and planning documents, 29 consistent with all applicable state and federal statutes including, but 30 not limited to, Family Education Rights and Privacy Act (FERPA) (20 31 U.S.C. § 1232g) and section 2-d of the education law. 32 2. The board, in consultation with the monitor, shall adopt a conflict 33 of interest policy that complies with all existing applicable laws, 34 rules and regulations that ensures its board members and administration 35 act in the school district's best interest and comply with applicable 36 legal requirements. The conflict of interest policy shall include, but 37 not be limited to: 38 (a) a definition of the circumstances that constitute a conflict of 39 interest; 40 (b) procedures for disclosing a conflict of interest to the board; 41 (c) a requirement that the person with the conflict of interest not be 42 present at or participate in board deliberations or votes on the matter 43 giving rise to such conflict, provided that nothing in this subdivision 44 shall prohibit the board from requesting that the person with the 45 conflict of interest present information as background or answer ques- 46 tions at a board meeting prior to the commencement of deliberations or 47 voting relating thereto; 48 (d) a prohibition against any attempt by the person with the conflict 49 to influence improperly the deliberation or voting on the matter giving 50 rise to such conflict; and 51 (e) a requirement that the existence and resolution of the conflict be 52 documented in the board's records, including in the minutes of any meet- 53 ing at which the conflict was discussed or voted upon. 54 § 4. Public hearings. 1. The monitor shall schedule three public hear- 55 ings to be held within sixty days of his or her appointment, which shallS. 7506--B 32 A. 9506--B 1 allow public comment from the district's residents, students, parents, 2 employees, board members and administration. 3 (a) The first hearing shall take public comment on existing statutory 4 and regulatory authority of the commissioner, the department and the 5 board of regents regarding school district governance and intervention 6 under applicable state law and regulations, including but not limited 7 to, sections 306, 211-c, and 211-f of the education law. 8 (b) The second hearing shall take public comment on the academic 9 performance of the district. 10 (c) The third hearing shall take public comment on the fiscal perform- 11 ance of the district. 12 2. The board of education, the superintendent and the monitor shall 13 consider these public comments when developing the financial plan and 14 academic improvement plan under this act. 15 § 5. Financial plan. 1. No later than November first, two thousand 16 twenty, the board of education, the superintendent and the monitor shall 17 develop a proposed financial plan for the two thousand twenty--two thou- 18 sand twenty-one school year and the four subsequent school years. The 19 financial plan shall ensure that annual aggregate operating expenses 20 shall not exceed annual aggregate operating revenues for such school 21 year and that the major operating funds of the district be balanced in 22 accordance with generally accepted accounting principles, and shall 23 consider whether financial and budgetary functions of the district shall 24 be subject to a shared services agreement with the city. The financial 25 plan shall include statements of all estimated revenues, expenditures, 26 and cash flow projections of the district. 27 2. If the board of education and the monitor agree on all the elements 28 of the proposed financial plan, the board of education shall conduct a 29 public hearing on the plan and consider the input of the community. The 30 proposed financial plan shall be made public on the district's website 31 at least three business days before such public hearing. Once the 32 proposed financial plan has been approved by the board of education, 33 such plan shall be submitted by the monitor to the commissioner for 34 approval and shall be deemed approved for the purposes of this act. 35 3. If the board of education and the monitor do not agree on all the 36 elements of the proposed financial plan, the board of education shall 37 conduct a public hearing on the proposed plan that details the elements 38 of disagreement between the monitor and the board, including documented 39 justification for such disagreements and any requested amendments from 40 the monitor. The proposed financial plan, elements of disagreement, and 41 requested amendments shall be made public on the district's website at 42 least three business days before such public hearing. After considering 43 the input of the community, the board may alter the proposed financial 44 plan and the monitor may alter his or her requested amendments, and the 45 monitor shall submit the proposed financial plan, his or her amendments 46 to the plan, and documentation providing justification for such disa- 47 greements and amendments to the commissioner no later than December 48 first, two thousand twenty. By January fifteenth, two thousand twenty- 49 one, the commissioner shall approve the proposed plan with any of the 50 monitor's proposed amendments, or make other modifications, he or she 51 deems appropriate. The board of education shall provide the commission- 52 er with any information he or she requests to approve such plan within 53 three business days of such request. Upon the approval of the commis- 54 sioner, the financial plan shall be deemed approved for purposes of this 55 act.S. 7506--B 33 A. 9506--B 1 § 6. Academic improvement plan. 1. No later than November first, two 2 thousand twenty, the board of education, the superintendent and the 3 monitor shall develop an academic improvement plan for the district's 4 two thousand twenty--two thousand twenty-one school year and the four 5 subsequent school years. The academic improvement plan shall contain a 6 series of programmatic recommendations designed to improve academic 7 performance over the period of the plan in those academic areas that the 8 commissioner deems to be in need of improvement which shall include 9 addressing the provisions contained in any action plan set forth by the 10 department. 11 2. If the board of education and the monitor agree on all the elements 12 of the proposed academic improvement plan, the board of education shall 13 conduct a public hearing on the plan and consider the input of the 14 community. The proposed academic improvement plan shall be made public 15 on the district's website at least three business days before such 16 public hearing. Once the proposed academic improvement plan has been 17 approved by the board of education, such plan shall be submitted by the 18 monitor to the commissioner for approval and shall be deemed approved 19 for the purposes of this act. 20 3. If the board of education and the monitor do not agree on all the 21 elements of the proposed academic improvement plan, the board of educa- 22 tion shall conduct a public hearing on the proposed plan that details 23 the elements of disagreement between the monitor and the board, includ- 24 ing documented justification for such disagreements and any requested 25 amendments from the monitor. The proposed academic improvement plan, 26 elements of disagreement, and requested amendments shall be made public 27 on the district's website at least three business days before such 28 public hearing. After considering the input of the community, the board 29 may alter the proposed academic improvement plan and the monitor may 30 alter his or her requested amendments, and the monitor shall submit the 31 proposed academic improvement plan, his or her amendments to the plan, 32 and documentation providing justification for such disagreements and 33 amendments to the commissioner no later than December first, two thou- 34 sand twenty. By January fifteenth, two thousand twenty-one, the commis- 35 sioner shall approve the proposed plan with any of the monitor's 36 proposed amendments, or make other modifications, he or she deems appro- 37 priate. The board of education shall provide the commissioner with any 38 information he or she requests to approve such plan within three busi- 39 ness days of such request. Upon the approval of the commissioner, the 40 academic improvement plan shall be deemed approved for purposes of this 41 act. 42 § 7. Fiscal and operational oversight. 1. Starting with the proposed 43 budget for the two thousand twenty-one--two thousand twenty-two school 44 year, the board of education shall annually submit the school district's 45 proposed budget for the next succeeding school year to the monitor no 46 later than March first prior to the start of such next succeeding school 47 year. The monitor shall review the proposed budget to ensure that it is 48 balanced within the context of revenue and expenditure estimates and 49 mandated programs. The monitor shall also review the proposed budget to 50 ensure that it, to the greatest extent possible, is consistent with the 51 district academic improvement plan and financial plan developed and 52 approved pursuant to this act. The monitor shall present his or her 53 findings to the board of education and the commissioner no later than 54 forty-five days prior to the date scheduled for the board of education's 55 vote on the adoption of the final budget or the last date on which the 56 budget may be finally adopted, whichever is sooner. The commissionerS. 7506--B 34 A. 9506--B 1 shall require the board of education to make amendments to the proposed 2 budget consistent with any recommendations made by the monitor if the 3 commissioner determines such amendments are necessary to comply with the 4 financial plan and academic improvement plan under this act. The school 5 district shall make available on the district's website: the initial 6 proposed budget, the monitor's findings, and the final proposed budget 7 at least seven days prior to the date of the school district's budget 8 hearing. The board of education shall provide the commissioner with any 9 information he or she requests in order to make a determination pursuant 10 to this subdivision within three business days of such request. 11 2. The district shall provide quarterly reports to the monitor and 12 annual reports to the commissioner and the board of regents on the 13 academic, fiscal, and operational status of the school district. In 14 addition, the monitor shall provide semi-annual reports to the commis- 15 sioner, board of regents, the governor, the temporary president of the 16 senate, and the speaker of the assembly on the academic, fiscal, and 17 operational status of the school district. Such semi-annual report 18 shall include all the contracts that the district entered into through- 19 out the year. 20 3. The monitor shall have the authority to disapprove travel outside 21 the state paid for by the district. 22 4. The monitor shall work with the district's shared decision-making 23 committee as defined in 8 NYCRR 100.11 in developing the academic 24 improvement plan, financial plan, district goals, implementation of 25 district priorities, and budgetary recommendations. 26 5. The monitor shall assist in resolving any disputes and conflicts, 27 including but not limited to, those between the superintendent and the 28 board of education and among the members of the board of education. 29 6. The monitor may recommend, and the board shall consider by vote of 30 a resolution at the next scheduled meeting of the board, cost saving 31 measures including, but not limited to, shared service agreements. 32 § 8. The commissioner may overrule any decision of the monitor, except 33 for collective bargaining agreements negotiated in accordance with arti- 34 cle 14 of the civil service law, if he or she deems that such decision 35 is not aligned with the financial plan, academic improvement plan or 36 school district's budget. 37 § 9. The monitor may notify the commissioner and the board in writing 38 when he or she deems the district is violating an element of the finan- 39 cial plan or academic improvement plan in this act. Within twenty days, 40 the commissioner shall determine whether the district is in violation of 41 any of the elements of the financial plan or academic improvement plan 42 highlighted by the monitor and shall order the district to comply imme- 43 diately with the plan and remedy any such violation. The school district 44 shall suspend all actions related to the potential violation of the 45 financial plan or academic improvement plan until the commissioner 46 issues a determination. 47 § 10. Nothing in this act shall be construed to abrogate the duties 48 and responsibilities of the school district consistent with applicable 49 state law and regulations. 50 § 11. The Rochester city school district shall be paid on an acceler- 51 ated schedule as follows: 52 a. (1) Notwithstanding any other provisions of law, for aid payable in 53 the school years 2019-2020 through 2048-2049 upon application to the 54 commissioner of education submitted not sooner than the second Monday in 55 June of the school year in which such aid is payable and not later than 56 the Friday following the third Monday in June of the school year inS. 7506--B 35 A. 9506--B 1 which such aid is payable, or ten days after the effective date of this 2 act, whichever shall be later, provided, however, that for the 2019-20 3 school year such application shall be no later than May 11, 2020, the 4 Rochester city school district shall be eligible to receive an appor- 5 tionment pursuant to this act in an amount equal to the product of thir- 6 ty-five million dollars ($35,000,000) and the quotient of the positive 7 difference of thirty minus the number of school years elapsed since the 8 2019-2020 school year divided by thirty, provided, however, that for the 9 2019-20 school year such apportionment shall be paid to the Rochester 10 city school district no later than May 20, 2020. 11 (2) Funds apportioned pursuant to this subdivision shall be used for 12 services and expenses of the Rochester city school district and shall be 13 applied to support of its educational programs and any liability 14 incurred by such city school district in carrying out its functions and 15 responsibilities under the education law. 16 b. The claim for an apportionment to be paid to the Rochester city 17 school district pursuant to subdivision a of this section shall be 18 submitted to the commissioner of education on a form prescribed for such 19 purpose, and shall be payable upon determination by such commissioner 20 that the form has been submitted as prescribed and that the school 21 district has complied with the reporting requirements of this act. For 22 each school year in which application is made pursuant to subdivision a 23 of this section, such approved amount shall be payable on or before June 24 thirtieth of such school year upon the audit and warrant of the state 25 comptroller on vouchers certified or approved by the commissioner of 26 education in the manner prescribed by law from moneys in the state 27 lottery fund appropriated for general support of public schools and from 28 the general fund to the extent that the amount paid to the Rochester 29 city school district pursuant to this subdivision and subdivision a of 30 this section exceeds the amount of the moneys apportioned, if any, for 31 general support for public schools due such school district pursuant to 32 section 3609-a of the education law on or before September first of such 33 school year. 34 c. Notwithstanding the provisions of section 3609-a of the education 35 law, an amount equal to the amount paid to the Rochester city school 36 district during the base year pursuant to subdivisions a and b of this 37 section shall first be deducted from payments due during the current 38 school year pursuant to subparagraphs (1), (2), (3), (4) and (5) of 39 paragraph a of subdivision 1 of section 3609-a of the education law in 40 the following order: the lottery apportionment payable pursuant to 41 subparagraph (2) of such paragraph followed by the fixed fall payments 42 payable pursuant to subparagraph (4) of such paragraph, and any remain- 43 der to be deducted from the individualized payments due to the district 44 pursuant to paragraph b of such subdivision shall be deducted on a chro- 45 nological basis starting with the earliest payment due the district. 46 d. Notwithstanding any other provisions of law, the sum of payments 47 made to the Rochester city school district during the base year pursuant 48 to subdivisions a and b of this section plus payments made to such 49 school district during the current year pursuant to section 3609-a of 50 the education law shall be deemed to truly represent all aids paid to 51 such school district during the current school year pursuant to such 52 section 3609-a for the purposes of computing any adjustments to such 53 aids that may occur in a subsequent school year. 54 e. (1) On or before the first day of each month beginning in July 2020 55 and ending in June 2050, the chief fiscal officer and the superintendent 56 of schools of the Rochester city school district shall prepare andS. 7506--B 36 A. 9506--B 1 submit to the board of education a report of the fiscal condition of the 2 school district, including but not limited to the most current available 3 data on fund balances on funds maintained by the school district and the 4 district's use of the apportionments provided pursuant to subdivisions a 5 and b of this section. 6 (2) Such monthly report shall be in a format prescribed by the commis- 7 sioner of education. The board of education shall either reject and 8 return the report to the chief fiscal officer and the superintendent of 9 schools for appropriate revisions and resubmittal or shall approve the 10 report and submit copies to the commissioner of education and the state 11 comptroller of such approved report as submitted or resubmitted. 12 (3) In the 2019-2020 through 2048-2049 school years, the chief fiscal 13 officer of the Rochester city school district shall monitor all budgets 14 and for each budget, shall prepare a quarterly report of summarized 15 budget data depicting overall trends of actual revenues and budget 16 expenditures for the entire budget as well as individual line items. 17 Such report shall compare revenue estimates and appropriations as set 18 forth in such budget with the actual revenues and expenditures made to 19 date. All quarterly reports shall be accompanied by a recommendation 20 from the superintendent of schools or chief fiscal officer to the board 21 of education setting forth any remedial actions necessary to resolve any 22 unfavorable budget variance including the overestimation of revenue and 23 underestimation of appropriations. The chief fiscal officer shall also 24 prepare, as part of such report, a quarterly trial balance of general 25 ledger accounts in accordance with generally accepted accounting princi- 26 ples as prescribed by the state comptroller. All reports shall be 27 completed within sixty days after the end of each quarter and shall be 28 submitted to the chief fiscal officer and the board of education of the 29 Rochester city school district, the state division of budget, the office 30 of the state comptroller, the commissioner of education, the chair of 31 the assembly ways and means committee and the chair of the senate 32 finance committee. 33 § 12. This act shall take effect immediately, provided, however, that 34 sections two, three, four, five, six, seven, eight, nine and ten of this 35 act shall expire and be deemed repealed June 30, 2023; and provided 36 further, however that sections one and eleven of this act shall expire 37 and be deemed repealed June 30, 2049. 38 PART D 39 Section 1. Paragraph h of subdivision 2 of section 355 of the educa- 40 tion law is amended by adding a new paragraph 4-a to read as follows: 41 (4-a) Notwithstanding any law, rule, regulation, or practice to the 42 contrary and following the review and approval of the chancellor of the 43 state university or his or her designee, the board of trustees may raise 44 non-resident undergraduate rates of tuition by not more than ten percent 45 over the tuition rates of the prior academic year for the following 46 doctoral degree granting institutions of the state university of New 47 York: the state university of New York college of environmental science 48 and forestry as defined in article one hundred twenty-one of this chap- 49 ter, downstate medical center, upstate medical center, and the college 50 of technology at Utica-Rome/state university polytechnic institute for a 51 four year period commencing with the two thousand twenty--two thousand 52 twenty-one academic year and ending in the two thousand twenty-three-- 53 two thousand twenty-four academic year provided that such rate change isS. 7506--B 37 A. 9506--B 1 approved annually prior to board of trustees action by the chancellor of 2 the state university or his or her designee. 3 § 2. This act shall take effect immediately. 4 PART E 5 Intentionally Omitted 6 PART F 7 Intentionally Omitted 8 PART G 9 Intentionally Omitted 10 PART H 11 Section 1. Notwithstanding any other provision of law, the housing 12 trust fund corporation may provide, for purposes of the neighborhood 13 preservation program, a sum not to exceed $12,830,000 for the fiscal 14 year ending March 31, 2021. Within this total amount, $150,000 shall be 15 used for the purpose of entering into a contract with the neighborhood 16 preservation coalition to provide technical assistance and services to 17 companies funded pursuant to article 16 of the private housing finance 18 law. Notwithstanding any other provision of law, and subject to the 19 approval of the New York state director of the budget, the board of 20 directors of the state of New York mortgage agency shall authorize the 21 transfer to the housing trust fund corporation, for the purposes of 22 reimbursing any costs associated with neighborhood preservation program 23 contracts authorized by this section, a total sum not to exceed 24 $12,830,000, such transfer to be made from (i) the special account of 25 the mortgage insurance fund created pursuant to section 2429-b of the 26 public authorities law, in an amount not to exceed the actual excess 27 balance in the special account of the mortgage insurance fund, as deter- 28 mined and certified by the state of New York mortgage agency for the 29 fiscal year 2019-2020 in accordance with section 2429-b of the public 30 authorities law, if any, and/or (ii) provided that the reserves in the 31 project pool insurance account of the mortgage insurance fund created 32 pursuant to section 2429-b of the public authorities law are sufficient 33 to attain and maintain the credit rating (as determined by the state of 34 New York mortgage agency) required to accomplish the purposes of such 35 account, the project pool insurance account of the mortgage insurance 36 fund, such transfer to be made as soon as practicable but no later than 37 June 30, 2020. 38 § 2. Notwithstanding any other provision of law, the housing trust 39 fund corporation may provide, for purposes of the rural preservation 40 program, a sum not to exceed $5,360,000 for the fiscal year ending March 41 31, 2021. Within this total amount, $150,000 shall be used for the 42 purpose of entering into a contract with the rural housing coalition to 43 provide technical assistance and services to companies funded pursuant 44 to article 16 of the private housing finance law. Notwithstanding any 45 other provision of law, and subject to the approval of the New York 46 state director of the budget, the board of directors of the state of New 47 York mortgage agency shall authorize the transfer to the housing trust 48 fund corporation, for the purposes of reimbursing any costs associatedS. 7506--B 38 A. 9506--B 1 with rural preservation program contracts authorized by this section, a 2 total sum not to exceed $5,360,000, such transfer to be made from (i) 3 the special account of the mortgage insurance fund created pursuant to 4 section 2429-b of the public authorities law, in an amount not to exceed 5 the actual excess balance in the special account of the mortgage insur- 6 ance fund, as determined and certified by the state of New York mortgage 7 agency for the fiscal year 2019-2020 in accordance with section 2429-b 8 of the public authorities law, if any, and/or (ii) provided that the 9 reserves in the project pool insurance account of the mortgage insurance 10 fund created pursuant to section 2429-b of the public authorities law 11 are sufficient to attain and maintain the credit rating (as determined 12 by the state of New York mortgage agency) required to accomplish the 13 purposes of such account, the project pool insurance account of the 14 mortgage insurance fund, such transfer to be made as soon as practicable 15 but no later than June 30, 2020. 16 § 3. Notwithstanding any other provision of law, the housing trust 17 fund corporation may provide, for purposes of the rural rental assist- 18 ance program pursuant to article 17-A of the private housing finance 19 law, a sum not to exceed $21,000,000 for the fiscal year ending March 20 31, 2021. Notwithstanding any other provision of law, and subject to 21 the approval of the New York state director of the budget, the board of 22 directors of the state of New York mortgage agency shall authorize the 23 transfer to the housing trust fund corporation, for the purposes of 24 reimbursing any costs associated with rural rental assistance program 25 contracts authorized by this section, a total sum not to exceed 26 $21,000,000, such transfer to be made from (i) the special account of 27 the mortgage insurance fund created pursuant to section 2429-b of the 28 public authorities law, in an amount not to exceed the actual excess 29 balance in the special account of the mortgage insurance fund, as deter- 30 mined and certified by the state of New York mortgage agency for the 31 fiscal year 2019-2020 in accordance with section 2429-b of the public 32 authorities law, if any, and/or (ii) provided that the reserves in the 33 project pool insurance account of the mortgage insurance fund created 34 pursuant to section 2429-b of the public authorities law are sufficient 35 to attain and maintain the credit rating, as determined by the state of 36 New York mortgage agency, required to accomplish the purposes of such 37 account, the project pool insurance account of the mortgage insurance 38 fund, such transfer shall be made as soon as practicable but no later 39 than June 30, 2020. 40 § 4. Notwithstanding any other provision of law, the homeless housing 41 and assistance corporation may provide, for purposes of the New York 42 state supportive housing program, the solutions to end homelessness 43 program or the operational support for AIDS housing program, or to qual- 44 ified grantees under such programs, in accordance with the requirements 45 of such programs, a sum not to exceed $42,641,000 for the fiscal year 46 ending March 31, 2021. The homeless housing and assistance corporation 47 may enter into an agreement with the office of temporary and disability 48 assistance to administer such sum in accordance with the requirements of 49 such programs. Notwithstanding any other provision of law, and subject 50 to the approval of the New York state director of the budget, the board 51 of directors of the state of New York mortgage agency shall authorize 52 the transfer to the homeless housing and assistance corporation, a total 53 sum not to exceed $42,641,000, such transfer to be made from (i) the 54 special account of the mortgage insurance fund created pursuant to 55 section 2429-b of the public authorities law, in an amount not to exceed 56 the actual excess balance in the special account of the mortgage insur-S. 7506--B 39 A. 9506--B 1 ance fund, as determined and certified by the state of New York mortgage 2 agency for the fiscal year 2019-2020 in accordance with section 2429-b 3 of the public authorities law, if any, and/or (ii) provided that the 4 reserves in the project pool insurance account of the mortgage insurance 5 fund created pursuant to section 2429-b of the public authorities law 6 are sufficient to attain and maintain the credit rating as determined by 7 the state of New York mortgage agency, required to accomplish the 8 purposes of such account, the project pool insurance account of the 9 mortgage insurance fund, such transfer shall be made as soon as practi- 10 cable but no later than March 31, 2021. 11 § 5. Notwithstanding any other provision of law, and in addition to 12 the powers currently authorized to be exercised by the state of New York 13 municipal bond bank agency, the state of New York municipal bond bank 14 agency may provide, for purposes of municipal relief to the city of 15 Albany, a sum not to exceed twelve million dollars for the city fiscal 16 year ending December 31, 2020, to the city of Albany. Notwithstanding 17 any other provision of law, and subject to the approval of the New York 18 state director of the budget, the state of New York mortgage agency 19 shall transfer to the state of New York municipal bond bank agency for 20 distribution as municipal relief to the city of Albany, a total sum not 21 to exceed twelve million dollars, such transfer to be made from (i) the 22 special account of the mortgage insurance fund created pursuant to 23 section 2429-b of the public authorities law, in an amount not to exceed 24 the actual excess balance in the special account of the mortgage insur- 25 ance fund, as determined and certified by the state of New York mortgage 26 agency for the fiscal year 2019-2020 in accordance with section 2429-b 27 of the public authorities law, if any, and/or (ii) provided that the 28 reserves in the project pool insurance account of the mortgage insurance 29 fund created pursuant to section 2429-b of the public authorities law 30 are sufficient to attain and maintain the credit rating (as determined 31 by the agency) required to accomplish the purposes of such account, the 32 project pool insurance account of the mortgage insurance fund created 33 pursuant to section 2429-b of the public authorities law, such transfer 34 to be made as soon as practicable no later than December 31, 2020, and 35 provided further that the New York state director of the budget may 36 request additional information from the city of Albany regarding the 37 utilization of these funds and the finances and operations of the city, 38 as appropriate. 39 § 6. Notwithstanding any other provision of law, the department of law 40 may provide, for purposes of a homeowner protection program, or to qual- 41 ified grantees under such program, in accordance with the requirements 42 of such program, a sum not to exceed $10,000,000 for the fiscal year 43 ending March 31, 2021. Notwithstanding any other provision of law, and 44 subject to the approval of the New York state director of the budget, 45 the board of directors of the state of New York mortgage agency shall 46 authorize the transfer to the department of law, a total sum not to 47 exceed $10,000,000, such transfer to be made from (i) the special 48 account of the mortgage insurance fund created pursuant to section 49 2429-b of the public authorities law, in an amount not to exceed the 50 actual excess balance in the special account of the mortgage insurance 51 fund, as determined and certified by the state of New York mortgage 52 agency for the fiscal year 2019-2020 in accordance with section 2429-b 53 of the public authorities law, if any, and/or (ii) provided that the 54 reserves in the project pool insurance account of the mortgage insurance 55 fund created pursuant to section 2429-b of the public authorities law 56 are sufficient to attain and maintain the credit rating as determined byS. 7506--B 40 A. 9506--B 1 the state of New York mortgage agency, required to accomplish the 2 purposes of such account, the project pool insurance account of the 3 mortgage insurance fund, such transfer shall be made as soon as practi- 4 cable but no later than March 31, 2021. 5 § 7. This act shall take effect immediately. 6 PART I 7 Section 1. Subdivision c of section 8 of section 4 of chapter 576 of 8 the laws of 1974, constituting the emergency tenant protection act of 9 nineteen seventy-four, as amended by section 16 of part K of chapter 36 10 of the laws of 2019, is amended to read as follows: 11 c. Whenever a city having a population of one million or more has 12 determined the existence of an emergency pursuant to section three of 13 this act, the provisions of this act and the New York city rent stabili- 14 zation law of nineteen hundred sixty-nine shall be administered by the 15 state division of housing and community renewal as provided in the New 16 York city rent stabilization law of nineteen hundred sixty-nine, as 17 amended, or as otherwise provided by law. The costs incurred by the 18 state division of housing and community renewal in administering such 19 regulation shall be paid by such city. All payments for such adminis- 20 tration shall be transmitted to the state division of housing and commu- 21 nity renewal as follows: on or after April first of each year commencing 22 with April, nineteen hundred eighty-four, the commissioner of housing 23 and community renewal, in consultation with the director of the budget, 24 shall determine an amount necessary to defray the division's anticipated 25 annual cost, and one-quarter of such amount shall be paid by such city 26 on or before July first of such year, one-quarter of such amount on or 27 before October first of such year, one-quarter of such amount on or 28 before January first of the following year and one-quarter of such 29 amount on or before March thirty-first of the following year. After the 30 close of the fiscal year of the state, the commissioner, in consultation 31 with the director of the budget, shall determine the amount of all actu- 32 al costs incurred in such fiscal year and shall certify such amount to 33 such city. If such certified amount shall differ from the amount paid by 34 the city for such fiscal year, appropriate adjustments shall be made in 35 the next quarterly payment to be made by such city. In the event that 36 the amount thereof is not paid to the commissioner, in consultation with 37 the director of the budget, as herein prescribed, the commissioner, in 38 consultation with the director of the budget, shall certify the unpaid 39 amount to the comptroller, and the comptroller shall, to the extent not 40 otherwise prohibited by law, withhold such amount from any state aid 41 payable to such city. In no event shall the amount imposed on the owners 42 exceed twenty dollars per unit per year. 43 § 2. Subdivisions d and e of section 8 of section 4 of chapter 576 of 44 the laws of 1974, constituting the emergency tenant protection act of 45 nineteen seventy-four, subdivision d as amended by section 16 of part K 46 of chapter 36 of the laws of 2019 and subdivision e as amended by 47 section 1 of part O of chapter 57 of the laws of 2009, are amended to 48 read as follows: 49 d. Notwithstanding subdivision c of this section or any other 50 provision of law to the contrary, whenever the state has incurred any 51 costs as a result of administering the rent regulation program for a 52 city having a population of one million or more in accordance with 53 subdivision c of this section, on or after April first of each year, the 54 commissioner of housing and community renewal, in consultation with theS. 7506--B 41 A. 9506--B 1 director of the budget, shall determine an amount necessary to defray 2 the state's anticipated annual cost. In the event that the division does 3 not send a bill to the city to defray such costs in accordance with 4 subdivision c of this section, it shall submit to the city an invoice 5 showing all such costs as soon as practicable after the start of the 6 state fiscal year in which the costs are to be incurred. The director of 7 the budget may direct any other state agency to reduce the amount of any 8 other payment or payments owed to such city or any department, agency, 9 or instrumentality thereof; provided however, that such reduction shall 10 be made no sooner than thirty days after the transmittal of the invoice 11 of costs, and shall be in an amount equal to the costs incurred by the 12 state in administering the rent regulation program for such city in 13 accordance with subdivision c of this section. Within thirty days of 14 the receipt of the invoice of costs, the city may send to the division, 15 in written form, requests for additional information relating to such 16 costs, including any recommendations on which local assistance payment 17 would be reduced. If the director of the budget makes such direction in 18 accordance with this subdivision, the impacted city shall not make the 19 payments required by subdivision c of this section, and the division of 20 housing and community renewal shall notify such city in writing of what 21 payment or payments will be reduced and the amount of the reduction and 22 shall suballocate, as necessary, the value of the costs it incurred to 23 the agency or agencies which reduces the payments to such city or any 24 department, agency or authority thereof in accordance with this subdivi- 25 sion. 26 e. The failure to pay the prescribed assessment not to exceed twenty 27 dollars per unit for any housing accommodation subject to this act or 28 the New York city rent stabilization law of nineteen hundred sixty-nine 29 shall constitute a charge due and owing such city, town or village which 30 has imposed an annual charge for each such housing accommodation pursu- 31 ant to subdivision b of this section. Any such city, town or village 32 shall be authorized to provide for the enforcement of the collection of 33 such charges by commencing an action or proceeding for the recovery of 34 such fees or by the filing of a lien upon the building and lot. Such 35 methods for the enforcement of the collection of such charges shall be 36 the sole remedy for the enforcement of this section. 37 [e.] f. The division shall maintain at least one office in each county 38 which is governed by the rent stabilization law of nineteen hundred 39 sixty-nine or this act; provided, however, that the division shall not 40 be required to maintain an office in the counties of Nassau, Rockland, 41 or Richmond. 42 § 3. This act shall take effect immediately. 43 PART J 44 Section 1. The labor law is amended by adding a new section 196-b to 45 read as follows: 46 § 196-b. Sick leave requirements. 1. Every employer shall be required 47 to provide its employees with sick leave as follows: 48 a. For employers with four or fewer employees in any calendar year, 49 each employee shall be provided with up to forty hours of unpaid sick 50 leave in each calendar year; provided, however, an employer that employs 51 four or fewer employees in any calendar year and that has a net income 52 of greater than one million dollars in the previous tax year shall 53 provide each employee with up to forty hours of paid sick leave pursuant 54 to this section;S. 7506--B 42 A. 9506--B 1 b. For employers with between five and ninety-nine employees in any 2 calendar year, each employee shall be provided with up to forty hours of 3 paid sick leave in each calendar year; and 4 c. For employers with one hundred or more employees in any calendar 5 year, each employee shall be provided with up to fifty-six hours of paid 6 sick leave each calendar year. 7 For purposes of determining the number of employees pursuant to this 8 subdivision, a calendar year shall mean the twelve-month period from 9 January first through December thirty-first. For all other purposes, a 10 calendar year shall either mean the twelve-month period from January 11 first through December thirty-first, or a regular and consecutive 12 twelve-month period, as determined by an employer. 13 2. Nothing in this section shall be construed to prohibit or prevent 14 an employer from providing an amount of sick leave, paid or unpaid, 15 which is in excess of the requirements set forth in subdivision one of 16 this section, or from adopting a paid leave policy that provides addi- 17 tional benefits to employees. An employer may elect to provide its 18 employees with the total amount of sick leave required to fulfill its 19 obligations pursuant to subdivision one of this section at the beginning 20 of the calendar year, provided, however that no employer shall be 21 permitted to reduce or revoke any such sick leave based on the number of 22 hours actually worked by an employee during the calendar year if such 23 employer elects pursuant to this subdivision. 24 3. Employees shall accrue sick leave at a rate of not less than one 25 hour per every thirty hours worked, beginning at the commencement of 26 employment or the effective date of this section, whichever is later, 27 subject to the use and accrual limitations set forth in this section. 28 4. a. On and after January first, two thousand twenty-one and upon the 29 oral or written request of an employee, an employer shall provide 30 accrued sick leave for the following purposes: 31 (i) for a mental or physical illness, injury, or health condition of 32 such employee or such employee's family member, regardless of whether 33 such illness, injury, or health condition has been diagnosed or requires 34 medical care at the time that such employee requests such leave; 35 (ii) for the diagnosis, care, or treatment of a mental or physical 36 illness, injury or health condition of, or need for medical diagnosis 37 of, or preventive care for, such employee or such employee's family 38 member; or 39 (iii) for an absence from work due to any of the following reasons 40 when the employee or employee's family member has been the victim of 41 domestic violence pursuant to subdivision thirty-four of section two 42 hundred ninety-two of the executive law, a family offense, sexual 43 offense, stalking, or human trafficking: 44 (a) to obtain services from a domestic violence shelter, rape crisis 45 center, or other services program; 46 (b) to participate in safety planning, temporarily or permanently 47 relocate, or take other actions to increase the safety of the employee 48 or employee's family members; 49 (c) to meet with an attorney or other social services provider to 50 obtain information and advice on, and prepare for or participate in any 51 criminal or civil proceeding; 52 (d) to file a complaint or domestic incident report with law enforce- 53 ment; 54 (e) to meet with a district attorney's office; 55 (f) to enroll children in a new school; orS. 7506--B 43 A. 9506--B 1 (g) to take any other actions necessary to ensure the health or safety 2 of the employee or the employee's family member or to protect those who 3 associate or work with the employee. 4 For purposes of this subdivision, the reasons outlined above in 5 subparagraph (a) through (g) must be related to the domestic violence, 6 family offense, sexual offense, stalking, or human trafficking. Provided 7 further that a person who has committed such domestic violence, family 8 offense, sexual offense, stalking, or human trafficking shall not be 9 eligible for leave under this subdivision for situations in which the 10 person committed such offense and was not a victim, notwithstanding any 11 family relationship. 12 b. For purposes of this section, "family member" shall mean an employ- 13 ee's child, spouse, domestic partner, parent, sibling, grandchild or 14 grandparent; and the child or parent of an employee's spouse or domestic 15 partner. "Parent" shall mean a biological, foster, step- or adoptive 16 parent, or a legal guardian of an employee, or a person who stood in 17 loco parentis when the employee was a minor child. "Child" shall mean a 18 biological, adopted or foster child, a legal ward, or a child of an 19 employee standing in loco parentis. 20 5. a. An employer may not require the disclosure of confidential 21 information relating to a mental or physical illness, injury, or health 22 condition of such employee or such employee's family member, or informa- 23 tion relating to absence from work due to domestic violence, a sexual 24 offense, stalking, or human trafficking, as a condition of providing 25 sick leave pursuant to this section. 26 b. An employer may set a reasonable minimum increment for the use of 27 sick leave which shall not exceed four hours. Employees shall receive 28 compensation at his or her regular rate of pay, or the applicable mini- 29 mum wage established pursuant to section six hundred fifty-two of this 30 chapter, whichever is greater, for the use of paid sick leave. 31 6. An employee's unused sick leave shall be carried over to the 32 following calendar year, provided, however, that: (i) an employer with 33 fewer than one hundred employees may limit the use of sick leave to 34 forty hours per calendar year; and (ii) an employer with one hundred or 35 more employees may limit the use of sick leave to fifty-six hours per 36 calendar year. Nothing in this section shall be construed to require an 37 employer to pay an employee for unused sick leave upon such employee's 38 termination, resignation, retirement, or other separation from employ- 39 ment. 40 7. No employer or his or her agent, or the officer or agent of any 41 corporation, partnership, or limited liability company, or any other 42 person, shall discharge, threaten, penalize, or in any other manner 43 discriminate or retaliate against any employee because such employee has 44 exercised his or her rights afforded under this section, including, but 45 not limited to, requesting sick leave and using sick leave, consistent 46 with the provisions of section two hundred fifteen of this chapter. 47 8. An employer shall not be required to provide any additional sick 48 leave pursuant to this section if the employer has adopted a sick leave 49 policy or time off policy that provides employees with an amount of 50 leave which meets or exceeds the requirements set forth in subdivision 51 one of this section and satisfies the accrual, carryover, and use 52 requirements of this section. 53 9. Nothing in this section shall be construed to: a. prohibit a 54 collective bargaining agreement entered into, on or after the effective 55 date of this section from, in lieu of the leave provided for in this 56 section, providing a comparable benefit for the employees covered byS. 7506--B 44 A. 9506--B 1 such agreement in the form of paid days off; such paid days off shall be 2 in the form of leave, compensation, other employee benefits, or some 3 combination thereof; or 4 b. impede, infringe, or diminish the ability of a certified collective 5 bargaining agent to negotiate the terms and conditions of sick leave 6 different from the provisions of this section. 7 Provided, however, that in the case of either paragraph a or b of this 8 subdivision, the agreement must specifically acknowledge the provisions 9 of this section. 10 10. Upon return to work following any sick leave taken pursuant to 11 this section, an employee shall be restored by his or her employer to 12 the position of employment held by such employee prior to any sick leave 13 taken pursuant to this section with the same pay and other terms and 14 conditions of employment. 15 11. Upon the oral or written request of an employee, an employer shall 16 provide a summary of the amounts of sick leave accrued and used by such 17 employee in the current calendar year and/or any previous calendar year. 18 The employer shall provide such information to the employee within three 19 business days of such request. 20 12. Nothing in this section shall be construed to prevent a city with 21 a population of one million or more from enacting and enforcing local 22 laws or ordinances which meet or exceed the standard or requirements for 23 minimum hour and use set forth in this section, as determined by the 24 commissioner. Any paid sick leave benefits provided by a sick leave 25 program enforced by a municipal corporation in effect as of the effec- 26 tive date of this section shall not be diminished or limited as a result 27 of the enactment of this section. 28 13. The commissioner shall have authority to adopt regulations and 29 issue guidance to effectuate any of the provisions of this section. 30 Employers shall comply with regulations and guidance promulgated by the 31 commissioner for this purpose which may include but are not limited to 32 standards for the accrual, use, payment, and employee eligibility of 33 sick leave. 34 14. The department shall conduct a public awareness outreach campaign 35 which shall include making information available on its website and 36 otherwise informing employers and employees of the provisions of this 37 section. 38 § 2. Subdivision 4 of section 195 of the labor law, as amended by 39 chapter 564 of the laws of 2010, is amended to read as follows: 40 4. establish, maintain and preserve for not less than six years 41 contemporaneous, true, and accurate payroll records showing for each 42 week worked the hours worked; the rate or rates of pay and basis there- 43 of, whether paid by the hour, shift, day, week, salary, piece, commis- 44 sion, or other; gross wages; deductions; allowances, if any, claimed as 45 part of the minimum wage; amount of sick leave provided to each employ- 46 ee; and net wages for each employee. For all employees who are not 47 exempt from overtime compensation as established in the commissioner's 48 minimum wage orders or otherwise provided by New York state law or regu- 49 lation, the payroll records shall include the regular hourly rate or 50 rates of pay, the overtime rate or rates of pay, the number of regular 51 hours worked, and the number of overtime hours worked. For all employees 52 paid a piece rate, the payroll records shall include the applicable 53 piece rate or rates of pay and number of pieces completed at each piece 54 rate; 55 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 56 sion, section or part of this act shall be adjudged by any court ofS. 7506--B 45 A. 9506--B 1 competent jurisdiction to be invalid, such judgment shall not affect, 2 impair, or invalidate the remainder thereof, but shall be confined in 3 its operation to the clause, sentence, paragraph, subdivision, section 4 or part thereof directly involved in the controversy in which such judg- 5 ment shall have been rendered. It is hereby declared to be the intent of 6 the legislature that this act would have been enacted even if such 7 invalid provisions had not been included herein. 8 § 4. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law; provided that the department of labor may 10 promulgate rules and regulations to effectuate the purposes of this act, 11 on or before such effective date. 12 PART K 13 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 14 section 131-o of the social services law, as amended by section 1 of 15 part L of chapter 56 of the laws of 2019, are amended to read as 16 follows: 17 (a) in the case of each individual receiving family care, an amount 18 equal to at least [$148.00] $150.00 for each month beginning on or after 19 January first, two thousand [nineteen] twenty. 20 (b) in the case of each individual receiving residential care, an 21 amount equal to at least [$171.00] $174.00 for each month beginning on 22 or after January first, two thousand [nineteen] twenty. 23 (c) in the case of each individual receiving enhanced residential 24 care, an amount equal to at least [$204.00] $207.00 for each month 25 beginning on or after January first, two thousand [nineteen] twenty. 26 (d) for the period commencing January first, two thousand [twenty] 27 twenty-one, the monthly personal needs allowance shall be an amount 28 equal to the sum of the amounts set forth in subparagraphs one and two 29 of this paragraph: 30 (1) the amounts specified in paragraphs (a), (b) and (c) of this 31 subdivision; and 32 (2) the amount in subparagraph one of this paragraph, multiplied by 33 the percentage of any federal supplemental security income cost of 34 living adjustment which becomes effective on or after January first, two 35 thousand [twenty] twenty-one, but prior to June thirtieth, two thousand 36 [twenty] twenty-one, rounded to the nearest whole dollar. 37 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 38 section 209 of the social services law, as amended by section 2 of part 39 L of chapter 56 of the laws of 2019, are amended to read as follows: 40 (a) On and after January first, two thousand [nineteen] twenty, for an 41 eligible individual living alone, [$858.00] $870.00; and for an eligible 42 couple living alone, [$1,261.00] $1,279.00. 43 (b) On and after January first, two thousand [nineteen] twenty, for an 44 eligible individual living with others with or without in-kind income, 45 [$794.00] $806.00; and for an eligible couple living with others with or 46 without in-kind income, [$1,203.00] $1,221.00. 47 (c) On and after January first, two thousand [nineteen] twenty, (i) 48 for an eligible individual receiving family care, [$1,037.48] $1,049.48 49 if he or she is receiving such care in the city of New York or the coun- 50 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 51 couple receiving family care in the city of New York or the county of 52 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 53 in subparagraph (i) of this paragraph; or (iii) for an eligible individ- 54 ual receiving such care in any other county in the state, [$999.48]S. 7506--B 46 A. 9506--B 1 $1,011.48; and (iv) for an eligible couple receiving such care in any 2 other county in the state, two times the amount set forth in subpara- 3 graph (iii) of this paragraph. 4 (d) On and after January first, two thousand [nineteen] twenty, (i) 5 for an eligible individual receiving residential care, [$1,206.00] 6 $1,218.00 if he or she is receiving such care in the city of New York or 7 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 8 eligible couple receiving residential care in the city of New York or 9 the county of Nassau, Suffolk, Westchester or Rockland, two times the 10 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 11 eligible individual receiving such care in any other county in the 12 state, [$1,176.00] $1,188.00; and (iv) for an eligible couple receiving 13 such care in any other county in the state, two times the amount set 14 forth in subparagraph (iii) of this paragraph. 15 (e) On and after January first, two thousand [nineteen] twenty, (i) 16 for an eligible individual receiving enhanced residential care, 17 [$1,465.00] $1,477.00; and (ii) for an eligible couple receiving 18 enhanced residential care, two times the amount set forth in subpara- 19 graph (i) of this paragraph. 20 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 21 vision shall be increased to reflect any increases in federal supple- 22 mental security income benefits for individuals or couples which become 23 effective on or after January first, two thousand [twenty] twenty-one 24 but prior to June thirtieth, two thousand [twenty] twenty-one. 25 § 3. This act shall take effect December 31, 2020. 26 PART L 27 Section 1. The family court act is amended by adding a new article 5-C 28 to read as follows: 29 ARTICLE 5-C 30 JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED 31 REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS 32 PART 1. General provisions (581-101 - 581-102) 33 2. Judgment of parentage (581-201 - 581-206) 34 3. Child of assisted reproduction (581-301 - 581-307) 35 4. Surrogacy agreement (581-401 - 581-409) 36 5. Payment to donors and persons acting as surrogates (581-501 - 37 581-502) 38 6. Surrogates' bill of rights (581-601 - 581-607) 39 7. Miscellaneous provisions (581-701 - 581-704) 40 PART 1 41 GENERAL PROVISIONS 42 Section 581-101. Purpose. 43 581-102. Definitions. 44 § 581-101. Purpose. The purpose of this article is to legally estab- 45 lish a child's relationship to his or her parents where the child is 46 conceived through assisted reproduction except for children born to a 47 person acting as surrogate who contributed the egg used in conception. 48 This article and all governmental measures adopted pursuant thereto 49 should comply with existing laws on reproductive health and bodily 50 integrity. 51 § 581-102. Definitions. (a) "Assisted reproduction" means a method of 52 causing pregnancy other than sexual intercourse and includes but is not 53 limited to:S. 7506--B 47 A. 9506--B 1 1. intrauterine or vaginal insemination; 2 2. donation of gametes; 3 3. donation of embryos; 4 4. in vitro fertilization and transfer of embryos; and 5 5. intracytoplasmic sperm injection. 6 (b) "Child" means a born individual of any age whose parentage may be 7 determined under this act or other law. 8 (c) "Compensation" means payment of any valuable consideration in 9 excess of reasonable medical and ancillary costs. 10 (d) "Donor" means an individual who does not intend to be a parent who 11 produces gametes and provides them to another person, other than the 12 individual's spouse, for use in assisted reproduction. The term does 13 not include a person who is a parent under part three of this article. 14 Donor also includes an individual who had dispositional control of an 15 embryo or gametes who then transfers dispositional control and releases 16 all present and future parental and inheritance rights and obligations 17 to a resulting child. 18 (e) "Embryo" means a cell or group of cells containing a diploid 19 complement of chromosomes or group of such cells, not a gamete or 20 gametes, that has the potential to develop into a live born human being 21 if transferred into the body of a person under conditions in which 22 gestation may be reasonably expected to occur. 23 (f) "Embryo transfer" means all medical and laboratory procedures that 24 are necessary to effectuate the transfer of an embryo into the uterine 25 cavity. 26 (g) "Gamete" means a cell containing a haploid complement of DNA that 27 has the potential to form an embryo when combined with another gamete. 28 Sperm and eggs shall be considered gametes. A human gamete used or 29 intended for reproduction may not contain nuclear DNA that has been 30 deliberately altered, or nuclear DNA from one human combined with the 31 cytoplasm or cytoplasmic DNA of another human being. 32 (h) "Independent escrow agent" means someone other than the parties to 33 a surrogacy agreement and their attorneys. An independent escrow agent 34 can, but need not, be a surrogacy program, provided such surrogacy 35 program is owned or managed by an attorney licensed to practice law in 36 the state of New York. If such independent escrow agent is not attorney 37 owned, it shall be licensed, bonded and insured. 38 (i) "Surrogacy agreement" is an agreement between at least one 39 intended parent and a person acting as surrogate intended to result in a 40 live birth where the child will be the legal child of the intended 41 parents. 42 (j) "Person acting as surrogate" means an adult person, not an 43 intended parent, who enters into a surrogacy agreement to bear a child 44 who will be the legal child of the intended parent or parents so long as 45 the person acting as surrogate has not provided the egg used to conceive 46 the resulting child. 47 (k) "Health care practitioner" means an individual licensed or certi- 48 fied under title eight of the education law, or a similar law of another 49 state or country, acting within his or her scope of practice. 50 (l) "Intended parent" is an individual who manifests the intent to be 51 legally bound as the parent of a child resulting from assisted reprod- 52 uction or a surrogacy agreement provided he or she meets the require- 53 ments of this article. 54 (m) "In vitro fertilization" means the formation of a human embryo 55 outside the human body.S. 7506--B 48 A. 9506--B 1 (n) "Parent" as used in this article means an individual with a 2 parent-child relationship created or recognized under this act or other 3 law. 4 (o) "Participant" is an individual who either: provides a gamete that 5 is used in assisted reproduction, is an intended parent, is a person 6 acting as surrogate, or is the spouse of an intended parent or person 7 acting as surrogate. 8 (p) "Record" means information inscribed in a tangible medium or 9 stored in an electronic or other medium that is retrievable in perceiva- 10 ble form. 11 (q) "Retrieval" means the procurement of eggs or sperm from a gamete 12 provider. 13 (r) "Spouse" means an individual married to another, or who has a 14 legal relationship entered into under the laws of the United States or 15 of any state, local or foreign jurisdiction, which is substantially 16 equivalent to a marriage, including a civil union or domestic partner- 17 ship. 18 (s) "State" means a state of the United States, the District of Colum- 19 bia, Puerto Rico, the United States Virgin Islands, or any territory or 20 insular possession subject to the jurisdiction of the United States. 21 (t) "Transfer" means the placement of an embryo or gametes into the 22 body of a person with the intent to achieve pregnancy and live birth. 23 PART 2 24 JUDGMENT OF PARENTAGE 25 Section 581-201. Judgment of parentage. 26 581-202. Proceeding for judgment of parentage of a child 27 conceived through assisted reproduction. 28 581-203. Proceeding for judgment of parentage of a child 29 conceived pursuant to a surrogacy agreement. 30 581-204. Judgment of parentage for intended parents who are 31 spouses. 32 581-205. Inspection of records. 33 581-206. Jurisdiction, and exclusive continuing jurisdiction. 34 § 581-201. Judgment of parentage. (a) A civil proceeding may be main- 35 tained to adjudicate the parentage of a child under the circumstances 36 set forth in this article. This proceeding is governed by the civil 37 practice law and rules. 38 (b) A judgment of parentage may be issued prior to birth but shall not 39 become effective until the birth of the child. 40 (c) A petition for a judgment of parentage or nonparentage of a child 41 conceived through assisted reproduction may be initiated by (1) a child, 42 or (2) a parent, or (3) a participant, or (4) a person with a claim to 43 parentage, or (5) social services official or other governmental agency 44 authorized by other law, or (6) a representative authorized by law to 45 act for an individual who would otherwise be entitled to maintain a 46 proceeding but who is deceased, incapacitated, or a minor, in order to 47 legally establish the child-parent relationship of either a child born 48 through assisted reproduction under part three of this article or a 49 child born pursuant to a surrogacy agreement under part four of this 50 article. 51 § 581-202. Proceeding for judgment of parentage of a child conceived 52 through assisted reproduction. (a) A proceeding for a judgment of 53 parentage with respect to a child conceived through assisted reprod- 54 uction may be commenced:S. 7506--B 49 A. 9506--B 1 (1) if the intended parent or child resides in New York state, in the 2 county where the intended parent resides any time after pregnancy is 3 achieved or in the county where the child was born or resides; or 4 (2) if the intended parent and child do not reside in New York state, 5 up to ninety days after the birth of the child in the county where the 6 child was born. 7 (b) The petition for a judgment of parentage must be verified. 8 (c) Where a petition includes the following truthful statements, the 9 court shall adjudicate the intended parent to be the parent of the 10 child: 11 (1) a statement that an intended parent has been a resident of the 12 state for at least six months or if an intended parent is not a New York 13 state resident, that the child will be or was born in the state within 14 ninety days of filing; and 15 (2) a statement from the gestating intended parent that the gestating 16 intended parent became pregnant as a result of assisted reproduction; 17 and 18 (3) in cases where there is a non-gestating intended parent, a state- 19 ment from the gestating intended parent and non-gestating intended 20 parent that the non-gestating intended parent consented to assisted 21 reproduction pursuant to section 581-304 of this article; and 22 (4) proof of any donor's donative intent. 23 (d) The following shall be deemed sufficient proof of a donor's dona- 24 tive intent for purposes of this section: 25 (1) in the case of an anonymous donor or where gametes or embryos have 26 previously been released to a gamete or embryo storage facility or in 27 the presence of a health care practitioner, either: 28 (i) a statement or documentation from the gamete or embryo storage 29 facility or health care practitioner stating or demonstrating that such 30 gametes or embryos were anonymously donated or had previously been 31 released; or 32 (ii) clear and convincing evidence that the gamete or embryo donor 33 intended to donate gametes or embryos anonymously or intended to release 34 such gametes or embryos to a gamete or embryo storage facility or health 35 care practitioner; or 36 (2) in the case of a donation from a known donor, either: a. a record 37 from the gamete or embryo donor acknowledging the donation and confirm- 38 ing that the donor has no parental or proprietary interest in the 39 gametes or embryos. The record shall be signed by the gestating 40 intended parent and the gamete or embryo donor. The record may be, but 41 is not required to be, signed: 42 (i) before a notary public, or 43 (ii) before two witnesses who are not the intended parents, or 44 (iii) before a health care practitioner; or 45 b. clear and convincing evidence that the gamete or embryo donor 46 agreed, prior to conception, with the gestating parent that the donor 47 has no parental or proprietary interest in the gametes or embryos. 48 (e)(1) In the absence of evidence pursuant to paragraph two of this 49 subdivision, notice shall be given to the donor at least twenty days 50 prior to the date set for the proceeding to determine the existence of 51 donative intent by delivery of a copy of the petition and notice pursu- 52 ant to section three hundred eight of the civil practice law and rules. 53 Upon a showing to the court, by affidavit or otherwise, on or before the 54 date of the proceeding or within such further time as the court may 55 allow, that personal service cannot be effected at the donor's last 56 known address with reasonable effort, notice may be given, without priorS. 7506--B 50 A. 9506--B 1 court order therefore, at least twenty days prior to the proceeding by 2 registered or certified mail directed to the donor's last known address. 3 Notice by publication shall not be required to be given to a donor enti- 4 tled to notice pursuant to the provisions of this section. 5 (2) Notwithstanding the above, where sperm is provided under the 6 supervision of a health care practitioner to someone other than the 7 sperm provider's intimate partner or spouse without a record of the 8 sperm provider's intent to parent notice is not required. 9 (f) In cases not covered by subdivision (c) of this section, the court 10 shall adjudicate the parentage of the child consistent with part three 11 of this article. 12 (g) Where the requirements of subdivision (c) of this section are met 13 or where the court finds the intended parent to be a parent under subdi- 14 vision (e) of this section, the court shall issue a judgment of parent- 15 age: 16 (1) declaring, that upon the birth of the child, the intended parent 17 or parents is or are the legal parent or parents of the child; and 18 (2) ordering the intended parent or parents to assume responsibility 19 for the maintenance and support of the child immediately upon the birth 20 of the child; and 21 (3) if there is a donor, ordering that the donor is not a parent of 22 the child; and 23 (4) ordering that: 24 (i) Pursuant to section two hundred fifty-four of the judiciary law, 25 the clerk of the court shall transmit to the state commissioner of 26 health, or for a person born in New York city, to the commissioner of 27 health of the city of New York, on a form prescribed by the commission- 28 er, a written notification of such entry together with such other facts 29 as may assist in identifying the birth record of the person whose 30 parentage was in issue and, if such person whose parentage has been 31 determined is under eighteen years of age, the clerk shall also transmit 32 forthwith to the registry operated by the department of social services 33 pursuant to section three hundred seventy-two-c of the social services 34 law a notification of such determination; and 35 (ii) Pursuant to section forty-one hundred thirty-eight of the public 36 health law and NYC Public Health Code section 207.05 that upon receipt 37 of a judgment of parentage the local registrar where a child is born 38 will report the parentage of the child to the appropriate department of 39 health in conformity with the court order. If an original birth certif- 40 icate has already been issued, the appropriate department of health will 41 amend the birth certificate in an expedited manner and seal the previ- 42 ously issued birth certificate except that it may be rendered accessible 43 to the child at eighteen years of age or the legal parent or parents. 44 § 581-203. Proceeding for judgment of parentage of a child conceived 45 pursuant to a surrogacy agreement. (a) The proceeding may be commenced 46 (1) in any county where an intended parent resided any time after the 47 surrogacy agreement was executed; (2) in the county where the child was 48 born or resides; or (3) in the county where the surrogate resided any 49 time after the surrogacy agreement was executed. 50 (b) The proceeding may be commenced at any time after the surrogacy 51 agreement has been executed and the person acting as surrogate and all 52 intended parents are necessary parties. 53 (c) The petition for a judgment of parentage must be verified and 54 include the following:S. 7506--B 51 A. 9506--B 1 (1) a statement that the person acting as surrogate or at least one of 2 the intended parents has been a resident of the state for at least six 3 months at the time the surrogacy agreement was executed; and 4 (2) a certification from the attorney representing the intended parent 5 or parents and the attorney representing the person acting as surrogate 6 that the requirements of part four of this article have been met; and 7 (3) a statement from all parties to the surrogacy agreement that they 8 knowingly and voluntarily entered into the surrogacy agreement and that 9 the parties are jointly requesting the judgment of parentage. 10 (d) Where the court finds the statements required by subdivision (c) 11 of this section to be true, the court shall issue a judgment of parent- 12 age, without additional proceedings or documentation: 13 (1) declaring, that upon the birth of the child born during the term 14 of the surrogacy agreement, the intended parent or parents are the only 15 legal parent or parents of the child; 16 (2) declaring, that upon the birth of the child born during the term 17 of the surrogacy agreement, the person acting as surrogate, and the 18 spouse of the person acting as surrogate, if any, is not the legal 19 parent of the child; 20 (3) declaring that upon the birth of the child born during the term of 21 the surrogacy agreement, the donors, if any, are not the parents of the 22 child; 23 (4) ordering the person acting as surrogate and the spouse of the 24 person acting as surrogate, if any, to transfer the child to the 25 intended parent or parents if this has not already occurred; 26 (5) ordering the intended parent or parents to assume responsibility 27 for the maintenance and support of the child immediately upon the birth 28 of the child; and 29 (6) ordering that: 30 (i) Pursuant to section two hundred fifty-four of the judiciary law, 31 the clerk of the court shall transmit to the state commissioner of 32 health, or for a person born in New York city, to the commissioner of 33 health of the city of New York, on a form prescribed by the commission- 34 er, a written notification of such entry together with such other facts 35 as may assist in identifying the birth record of the person whose 36 parentage was in issue and, if the person whose parentage has been 37 determined is under eighteen years of age, the clerk shall also transmit 38 to the registry operated by the department of social services pursuant 39 to section three hundred seventy-two-c of the social services law a 40 notification of the determination; and 41 (ii) Pursuant to section forty-one hundred thirty-eight of the public 42 health law and NYC Public Health Code section 207.05 that upon receipt 43 of a judgement of parentage the local registrar where a child is born 44 will report the parentage of the child to the appropriate department of 45 health in conformity with the court order. If an original birth certif- 46 icate has already been issued, the appropriate department of health will 47 amend the birth certificate in an expedited manner and seal the previ- 48 ously issued birth certificate except that it may be rendered accessible 49 to the child at eighteen years of age or the legal parent or parents. 50 (e) In the event the certification required by paragraph two of subdi- 51 vision (c) of this section cannot be made because of a technical or 52 non-material deviation from the requirements of this article; the court 53 may nevertheless enforce the agreement and issue a judgment of parentage 54 if the court determines the agreement is in substantial compliance with 55 the requirements of this article. In the event that any other require-S. 7506--B 52 A. 9506--B 1 ments of subdivision (c) of this section are not met, the court shall 2 determine parentage according to part four of this article. 3 § 581-204. Judgment of parentage for intended parents who are spouses. 4 Notwithstanding or without limitation on presumptions of parentage that 5 apply, a judgment of parentage may be obtained under this part by 6 intended parents who are each other's spouse. Nothing in this section 7 requires intended parents to be married to each other in order to be 8 jointly declared the parents of the child. 9 § 581-205. Inspection of records. Court records relating to 10 proceedings under this article shall be sealed, provided, however, that 11 the office of temporary and disability assistance, a child support unit 12 of a social services district or a child support agency of another state 13 providing child support services pursuant to title IV-d of the federal 14 social security act, when a party to a related support proceeding and to 15 the extent necessary to provide child support services or for the admin- 16 istration of the program pursuant to title IV-d of the federal social 17 security act, may obtain a copy of a judgment of parentage. The parties 18 to the proceeding and the child shall have the right to inspect and 19 make copies of the entire court record, including, but not limited 20 to, the name of the person acting as surrogate and any known donors. 21 § 581-206. Jurisdiction, and exclusive continuing jurisdiction. (a) 22 Proceedings pursuant to this article may be instituted in the supreme or 23 family court or surrogates court. 24 (b) Subject to the jurisdictional standards of section seventy-six of 25 the domestic relations law, the court conducting a proceeding under this 26 article has exclusive, continuing jurisdiction of all matters relating 27 to the determination of parentage until the child attains the age of one 28 hundred eighty days. 29 PART 3 30 CHILD OF ASSISTED REPRODUCTION 31 Section 581-301. Scope of article. 32 581-302. Status of donor. 33 581-303. Parentage of child of assisted reproduction. 34 581-304. Consent to assisted reproduction. 35 581-305. Limitation on spouses' dispute of parentage of child of 36 assisted reproduction. 37 581-306. Effect of embryo disposition agreement between intended 38 parents which transfers legal rights and disposi- 39 tional control to one intended parent. 40 581-307. Effect of death of intended parent. 41 § 581-301. Scope of article. This article does not apply to the birth 42 of a child conceived by means of sexual intercourse. 43 § 581-302. Status of donor. A donor is not a parent of a child 44 conceived by means of assisted reproduction where there is proof of 45 donative intent under subdivision (d) of section 581-202 of this arti- 46 cle. 47 § 581-303. Parentage of child of assisted reproduction. (a) An indi- 48 vidual who provides gametes for, or who consents to, assisted reprod- 49 uction with the intent to be a parent of the child with the consent of 50 the gestating parent as provided in section 581-304 of this part, is a 51 parent of the resulting child for all legal purposes. 52 (b) The court shall issue a judgment of parentage pursuant to this 53 article upon application by any participant. 54 § 581-304. Consent to assisted reproduction. (a) Where the intended 55 parent who gives birth to a child by means of assisted reproduction is aS. 7506--B 53 A. 9506--B 1 spouse, the consent of both spouses to the assisted reproduction is 2 presumed and neither spouse may challenge the parentage of the child, 3 except as provided in section 581-305 of this part. 4 (b) Where the intended parent who gives birth to a child by means of 5 assisted reproduction is not a spouse, the consent to the assisted 6 reproduction must be in a record in such a manner as to indicate the 7 mutual agreement of the intended parents to conceive and parent a child 8 together. 9 (c) The absence of a record described in subdivision (b) of this 10 section shall not preclude a finding that such consent existed if the 11 court finds by clear and convincing evidence that at the time of the 12 assisted reproduction the intended parents agreed to conceive and parent 13 the child together. 14 § 581-305. Limitation on spouses' dispute of parentage of child of 15 assisted reproduction. (a) Neither spouse may challenge the marital 16 presumption of parentage of a child created by assisted reproduction 17 during the marriage unless the court finds by clear and convincing 18 evidence that one spouse used assisted reproduction without the know- 19 ledge and consent of the other spouse. 20 (b) Notwithstanding the foregoing, a married individual may use 21 assisted reproduction and the marital presumption shall not apply if the 22 spouses: 23 (1) are living separate and apart pursuant to a decree or judgment of 24 separation or pursuant to a written agreement of separation subscribed 25 by the parties thereto and acknowledged or proved in the form required 26 to entitle a deed to be recorded; or 27 (2) have been living separate and apart for at least three years prior 28 to the use of assisted reproduction. 29 (c) The limitation provided in this section applies to a spousal 30 relationship that has been declared invalid after assisted reproduction 31 or artificial insemination. 32 § 581-306. Effect of embryo disposition agreement between intended 33 parents which transfers legal rights and dispositional control to one 34 intended parent. (a) An embryo disposition agreement between intended 35 parents with joint dispositional control of an embryo shall be binding 36 under the following circumstances: 37 (1) it is in writing; 38 (2) each intended parent had the advice of independent legal counsel 39 prior to its execution, which may be paid for by either intended parent; 40 and 41 (3) where the intended parents are married, transfer of legal rights 42 and dispositional control occurs only upon divorce. 43 (b) The intended parent who transfers legal rights and dispositional 44 control of the embryo is not a parent of any child conceived from the 45 embryo unless the agreement states that he or she consents to be a 46 parent and that consent is not withdrawn consistent with subdivision (c) 47 of this section. 48 (c) If the intended parent transferring legal rights and dispositional 49 control consents to be a parent, he or she may withdraw his or her 50 consent to be a parent upon written notice to the embryo storage facili- 51 ty and to the other intended parent prior to transfer of the embryo. If 52 he or she timely withdraws consent to be a parent he or she is not a 53 parent for any purpose including support obligations but the embryo 54 transfer may still proceed. 55 (d) An embryo disposition agreement or advance directive that is not 56 in compliance with subdivision (a) of this section may still be found toS. 7506--B 54 A. 9506--B 1 be enforceable by the court after balancing the respective interests of 2 the parties except that the intended parent who divested him or herself 3 of legal rights and dispositional control may not be declared to be a 4 parent for any purpose without his or her consent. The parent awarded 5 legal rights and dispositional control of the embryos shall, in this 6 instance, be declared to be the only parent of the child. 7 § 581-307. Effect of death of intended parent. If an individual who 8 consented in a record to be a parent by assisted reproduction dies 9 before the transfer of eggs, sperm, or embryos, the deceased individual 10 is not a parent of the resulting child unless the deceased individual 11 consented in a signed record that if assisted reproduction were to occur 12 after death, the deceased individual would be a parent of the child, 13 provided that the record complies with the estates, powers and trusts 14 law. Any rights of the child born after the death of an intended parent 15 may be enforced by a government agency authorized by law, including but 16 not limited to a department of social services. 17 PART 4 18 SURROGACY AGREEMENT 19 Section 581-401. Surrogacy agreement authorized. 20 581-402. Eligibility to enter surrogacy agreement. 21 581-403. Requirements of surrogacy agreement. 22 581-404. Surrogacy agreement: effect of subsequent spousal 23 relationship. 24 581-405. Termination of surrogacy agreement. 25 581-406. Parentage under compliant surrogacy agreement. 26 581-407. Insufficient surrogacy agreement. 27 581-408. Absence of surrogacy agreement. 28 581-409. Dispute as to surrogacy agreement. 29 § 581-401. Surrogacy agreement authorized. (a) If eligible under this 30 article to enter into a surrogacy agreement, a person acting as surro- 31 gate, the spouse of the person acting as surrogate, if applicable, and 32 the intended parent or parents may enter into a surrogacy agreement 33 which will be enforceable provided the surrogacy agreement meets the 34 requirements of this article. 35 (b) A surrogacy agreement shall not apply to the birth of a child 36 conceived by means of sexual intercourse, or where the person acting as 37 surrogate contributed the egg used in conception. 38 (c) A surrogacy agreement may provide for payment of compensation 39 under part five of this article. 40 § 581-402. Eligibility to enter surrogacy agreement. (a) A person 41 acting as surrogate shall be eligible to enter into an enforceable 42 surrogacy agreement under this article if the person acting as surrogate 43 has met the following requirements at the time the surrogacy agreement 44 is executed: 45 (1) the person acting as surrogate is at least twenty-one years of 46 age; 47 (2) the person acting as surrogate is a United States citizen or a 48 lawful permanent resident and, where at least one intended parent is not 49 a resident of New York state for six months, was a resident of New York 50 state for at least six months; 51 (3) the person acting as surrogate has not provided the egg used to 52 conceive the resulting child; 53 (4) the person acting as surrogate has completed a medical evaluation 54 with a health care practitioner relating to the anticipated pregnancy. 55 Such medical evaluation shall include a screening of the medical historyS. 7506--B 55 A. 9506--B 1 of the potential surrogate including known health conditions that may 2 pose risks to the potential surrogate or embryo during pregnancy; 3 (5) the person acting as surrogate has given informed consent for the 4 surrogacy after the licensed health care practitioner inform them of the 5 medical risks of surrogacy including the possibility of multiple births, 6 risk of medications taken for the surrogacy, risk of pregnancy compli- 7 cations, psychological and psychosocial risks, and impacts on their 8 personal lives; 9 (6) the person acting as surrogate, and the spouse of the person 10 acting as surrogate, if applicable, have been represented throughout the 11 contractual process and the duration of the contract and its execution 12 by independent legal counsel of their own choosing who is licensed to 13 practice law in the state of New York which shall be paid for by the 14 intended parent or parents except that a person acting as surrogate who 15 is receiving no compensation may waive the right to have the intended 16 parent or parents pay the fee for such legal counsel. Where the intended 17 parent or parents are paying for the independent legal counsel of the 18 person acting as surrogate, and the spouse of the person acting as 19 surrogate, if applicable, a separate retainer agreement shall be 20 prepared clearly stating that such legal counsel will only represent the 21 person acting as surrogate and the spouse of the person acting as surro- 22 gate, if applicable, in all matters pertaining to the surrogacy agree- 23 ment, that such legal counsel will not offer legal advice to any other 24 parties to the surrogacy agreement, and that the attorney-client 25 relationship lies with the person acting as surrogate and the spouse of 26 the person acting as surrogate, if applicable; 27 (7) the person acting as surrogate has or the surrogacy agreement 28 stipulates that the person acting as surrogate will obtain a comprehen- 29 sive health insurance policy that takes effect prior to taking any medi- 30 cation or commencing treatment to further embryo transfer that covers 31 preconception care, prenatal care, major medical treatments, hospitali- 32 zation, and behavioral health care, and the comprehensive policy has a 33 term that extends throughout the duration of the expected pregnancy and 34 for twelve months after the birth of the child, a stillbirth, a miscar- 35 riage resulting in termination of pregnancy, or termination of the preg- 36 nancy; the policy shall be paid for, whether directly or through 37 reimbursement or other means, by the intended parent or parents on 38 behalf of the person acting as surrogate pursuant to the surrogacy 39 agreement, except that a person acting as surrogate who is receiving no 40 compensation may waive the right to have the intended parent or parents 41 pay for the health insurance policy. The intended parent or parents 42 shall also pay for or reimburse the person acting as surrogate for all 43 co-payments, deductibles and any other out-of-pocket medical costs asso- 44 ciated with preconception, pregnancy, childbirth, or postnatal care, 45 that accrue through twelve months after the birth of the child, a still- 46 birth, a miscarriage, or termination of the pregnancy. A person acting 47 as surrogate who is receiving no compensation may waive the right to 48 have the intended parent or parents make such payments or reimburse- 49 ments; 50 (8) the surrogacy agreement must provide that the intended parent or 51 parents shall procure and pay for a life insurance policy for the person 52 acting as surrogate that takes effect prior to taking any medication or 53 the commencement of medical procedures to further embryo transfer, 54 provides a minimum benefit of seven hundred fifty thousand dollars or 55 the maximum amount the person acting as surrogate qualifies for if less 56 than seven hundred fifty thousand dollars, and has a term that extendsS. 7506--B 56 A. 9506--B 1 throughout the duration of the expected pregnancy and for twelve months 2 after the birth of the child, a stillbirth, a miscarriage resulting in 3 termination of pregnancy, or termination of the pregnancy, with a bene- 4 ficiary or beneficiaries of their choosing. The policy shall be paid 5 for, whether directly or through reimbursement or other means, by the 6 intended parent or parents on behalf of the person acting as surrogate 7 pursuant to the surrogacy agreement, except that a person acting as 8 surrogate who is receiving no compensation may waive the right to have 9 the intended parent or parents pay for the life insurance policy; and 10 (9) the person acting as surrogate meets all other requirements deemed 11 appropriate by the commissioner of health regarding the health of the 12 prospective surrogate. 13 (b) The intended parent or parents shall be eligible to enter into an 14 enforceable surrogacy agreement under this article if he, she or they 15 have met the following requirements at the time the surrogacy agreement 16 was executed: 17 (1) at least one intended parent is a United States citizen or a 18 lawful permanent resident and was a resident of New York state for at 19 least six months; 20 (2) the intended parent or parents has been represented throughout the 21 contractual process and the duration of the contract and its execution 22 by independent legal counsel of his, her or their own choosing who is 23 licensed to practice law in the state of New York; and 24 (3) he or she is an adult person who is not in a spousal relationship, 25 or adult spouses together, or any two adults who are intimate partners 26 together, except an adult in a spousal relationship is eligible to enter 27 into an enforceable surrogacy agreement without his or her spouse if: 28 (i) they are living separate and apart pursuant to a decree or judg- 29 ment of separation or pursuant to a written agreement of separation 30 subscribed by the parties thereto and acknowledged or proved in the form 31 required to entitle a deed to be recorded; or 32 (ii) they have been living separate and apart for at least three years 33 prior to execution of the surrogacy agreement. 34 (c) where the spouse of an intended parent is not a required party to 35 the agreement, the spouse is not an intended parent and shall not have 36 rights or obligations to the child. 37 § 581-403. Requirements of surrogacy agreement. A surrogacy agreement 38 shall be deemed to have satisfied the requirements of this article and 39 be enforceable if it meets the following requirements: 40 (a) it shall be in a signed record verified or executed before two 41 non-party witnesses by: 42 (1) each intended parent, and 43 (2) the person acting as surrogate, and the spouse of the person 44 acting as surrogate, if any, unless: 45 (i) the person acting as surrogate and the spouse of the person acting 46 as surrogate are living separate and apart pursuant to a decree or judg- 47 ment of separation or pursuant to a written agreement of separation 48 subscribed by the parties thereto and acknowledged or proved in the form 49 required to entitle a deed to be recorded; or 50 (ii) have been living separate and apart for at least three years 51 prior to execution of the surrogacy agreement; 52 (b) it shall be executed prior to the person acting as surrogate 53 taking any medication or the commencement of medical procedures in the 54 furtherance of embryo transfer, provided the person acting as surrogate 55 shall have provided informed consent to undergo such medical treatment 56 or medical procedures prior to executing the agreement;S. 7506--B 57 A. 9506--B 1 (c) it shall be executed by a person acting as surrogate meeting the 2 eligibility requirements of subdivision (a) of section 581-402 of this 3 part and by the spouse of the person acting as surrogate, unless the 4 signature of the spouse of the person acting as surrogate is not 5 required as set forth in this section; 6 (d) it shall be executed by intended parent or parents who met the 7 eligibility requirements of subdivision (b) of section 581-402 of this 8 part; 9 (e) the person acting as surrogate and the spouse of the person acting 10 as surrogate, if applicable, and the intended parent or parents shall 11 have been represented throughout the contractual process and the dura- 12 tion of the contract and its execution by separate, independent legal 13 counsel of their own choosing; 14 (f) if the surrogacy agreement provides for the payment of compen- 15 sation to the person acting as surrogate, the funds for base compen- 16 sation and reasonable anticipated additional expenses shall have been 17 placed in escrow with an independent escrow agent, who consents to the 18 jurisdiction of New York courts for all proceedings related to the 19 enforcement of the escrow agreement, prior to the person acting as 20 surrogate commencing with any medical procedure other than medical eval- 21 uations necessary to determine the person acting as surrogate's eligi- 22 bility; 23 (g) the surrogacy agreement must include information disclosing how 24 the intended parent or parents will cover the medical expenses of the 25 person acting as surrogate and the child. If comprehensive health care 26 coverage is used to cover the medical expenses, the disclosure shall 27 include a review and summary of the health care policy provisions 28 related to coverage and exclusions for the person acting as surrogate's 29 pregnancy; and 30 (h) it shall include the following information: 31 (1) the date, city and state where the surrogacy agreement was 32 executed; 33 (2) the first and last names of and contact information for the 34 intended parent or parents and of the person acting as surrogate; 35 (3) the first and last names of and contact information for the 36 persons from which the gametes originated, if known. The agreement shall 37 specify whether the gametes provided were eggs, sperm, or embryos; 38 (4) the name of and contact information for the licensed and regis- 39 tered surrogacy program handling the surrogacy agreement; and 40 (5) the name of and contact information for the attorney representing 41 the person acting as surrogate, and the spouse of the person acting as 42 surrogate, if applicable, and the attorney representing the intended 43 parent or parents; and 44 (i) the surrogacy agreement must comply with all of the following 45 terms: 46 (1) As to the person acting as surrogate and the spouse of the person 47 acting as surrogate, if applicable: 48 (i) the person acting as surrogate agrees to undergo embryo transfer 49 and attempt to carry and give birth to the child; 50 (ii) the person acting as surrogate and the spouse of the person 51 acting as surrogate, if applicable, agree to surrender custody of all 52 resulting children to the intended parent or parents immediately upon 53 birth; 54 (iii) the surrogacy agreement shall include the name of the attorney 55 representing the person acting as surrogate and, if applicable, the 56 spouse of the person acting as surrogate;S. 7506--B 58 A. 9506--B 1 (iv) the surrogacy agreement must include an acknowledgement by the 2 person acting as surrogate and the spouse of the person acting as surro- 3 gate, if applicable, that they have received a copy of the Surrogate's 4 Bill of Rights from their legal counsel; 5 (v) the surrogacy agreement must permit the person acting as surrogate 6 to make all health and welfare decisions regarding themselves and their 7 pregnancy including but not limited to, whether to consent to a cesarean 8 section or multiple embryo transfer, and notwithstanding any other 9 provisions in this chapter, provisions in the agreement to the contrary 10 are void and unenforceable. This article does not diminish the right of 11 the person acting as surrogate to terminate or continue a pregnancy; 12 (vi) the surrogacy agreement shall permit the person acting as a 13 surrogate to utilize the services of a health care practitioner of the 14 person's choosing; 15 (vii) the surrogacy agreement shall not limit the right of the person 16 acting as surrogate to terminate or continue the pregnancy or reduce or 17 retain the number of fetuses or embryos the person is carrying; 18 (viii) the surrogacy agreement shall provide for the right of the 19 person acting as surrogate, upon request, to obtain counseling to 20 address issues resulting from the person's participation in the surroga- 21 cy agreement, including, but not limited to, counseling following deliv- 22 ery. The cost of that counseling shall be paid by the intended parent or 23 parents; 24 (ix) the surrogacy agreement must include a notice that any compen- 25 sation received pursuant to the agreement may affect the person acting 26 as surrogate's ability for public benefits or the amount of such bene- 27 fits; and 28 (x) the surrogacy agreement shall provide that, upon the person acting 29 as surrogate's request, the intended parent or parents have or will 30 procure and pay for a disability insurance policy for the person acting 31 as surrogate; the person acting as surrogate may designate the benefici- 32 ary of the person's choosing. 33 (2) As to the intended parent or parents: 34 (i) the intended parent or parents agree to accept custody of all 35 resulting children immediately upon birth regardless of number, gender, 36 or mental or physical condition and regardless of whether the intended 37 embryos were transferred due to a laboratory error without diminishing 38 the rights, if any, of anyone claiming to have a superior parental 39 interest in the child; and 40 (ii) the intended parent or parents agree to assume responsibility for 41 the support of all resulting children immediately upon birth; and 42 (iii) the surrogacy agreement shall include the name of the attorney 43 representing the intended parent or parents; and 44 (iv) the surrogacy agreement shall provide that the rights and obli- 45 gations of the intended parent or parents under the surrogacy agreement 46 are not assignable; and 47 (v) the intended parent or parents agree to execute a will, prior to 48 the embryo transfer, designating a guardian for all resulting children 49 and authorizing their executor to perform the intended parent's or 50 parents' obligations pursuant to the surrogacy agreement. 51 § 581-404. Surrogacy agreement: effect of subsequent spousal relation- 52 ship. (a) After the execution of a surrogacy agreement under this arti- 53 cle, the subsequent spousal relationship of the person acting as surro- 54 gate does not affect the validity of a surrogacy agreement, the consent 55 of the spouse of the person acting as surrogate to the agreement shallS. 7506--B 59 A. 9506--B 1 not be required, and the spouse of the person acting as surrogate shall 2 not be the presumed parent of any resulting children. 3 (b) The subsequent separation or divorce of the intended parents does 4 not affect the rights, duties and responsibilities of the intended 5 parents as outlined in the surrogacy agreement. After the execution of 6 a surrogacy agreement under this article, the subsequent spousal 7 relationship of the intended parent does not affect the validity of a 8 surrogacy agreement, and the consent of the spouse of the intended 9 parent to the agreement shall not be required. 10 § 581-405. Termination of surrogacy agreement. After the execution of 11 a surrogacy agreement but before the person acting as surrogate becomes 12 pregnant by means of assisted reproduction, the person acting as surro- 13 gate, the spouse of the person acting as surrogate, if applicable, or 14 any intended parent may terminate the surrogacy agreement by giving 15 notice of termination in a record to all other parties. Upon proper 16 termination of the surrogacy agreement the parties are released from all 17 obligations recited in the surrogacy agreement except that the intended 18 parent or parents remains responsible for all expenses that are reim- 19 bursable under the agreement which have been incurred by the person 20 acting as surrogate through the date of termination. If the intended 21 parent or parents terminate the surrogacy agreement pursuant to this 22 section after the person acting as surrogate has taken any medication or 23 commenced treatment to further embryo transfer, such intended parent or 24 parents shall be responsible for paying for or reimbursing the person 25 acting as surrogate for all co-payments, deductibles, any other out-of- 26 pocket medical costs, and any other economic losses incurred within 27 twelve months of the termination of the agreement and associated with 28 taking such medication or undertaking such treatment. Unless the agree- 29 ment provides otherwise, the person acting as surrogate is entitled to 30 keep all payments received and obtain all payments to which the person 31 is entitled up until the date of termination of the agreement. Neither 32 a person acting as surrogate nor the spouse of the person acting as 33 surrogate, if any, is liable to the intended parent or parents for 34 terminating a surrogacy agreement as provided in this section. 35 § 581-406. Parentage under compliant surrogacy agreement. Upon the 36 birth of a child conceived by assisted reproduction under a surrogacy 37 agreement that complies with this part, each intended parent is, by 38 operation of law, a parent of the child and neither the person acting as 39 a surrogate nor the person's spouse, if any, is a parent of the child. 40 § 581-407. Insufficient surrogacy agreement. If a surrogacy agreement 41 does not meet the material requirements of this article, the agreement 42 is not enforceable and the court shall determine parentage based on the 43 intent of the parties, taking into account the best interests of the 44 child. An intended parent's absence of genetic connection to the child 45 is not a sufficient basis to deny that individual a judgment of legal 46 parentage. 47 § 581-408. Absence of surrogacy agreement. Where there is no surrogacy 48 agreement, the parentage of the child will be determined based on other 49 laws of this state. 50 § 581-409. Dispute as to surrogacy agreement. (a) Any dispute which 51 is related to a surrogacy agreement other than disputes as to parentage 52 shall be resolved by the supreme court, which shall determine the 53 respective rights and obligations of the parties, in any proceeding 54 initiated pursuant to this section, the court may, at its discretion, 55 authorize the use of conferencing or mediation at any point in the 56 proceedings.S. 7506--B 60 A. 9506--B 1 (b) Except as expressly provided in the surrogacy agreement, the 2 intended parent or parents and the person acting as surrogate shall be 3 entitled to all remedies available at law or equity in any dispute 4 related to the surrogacy agreement. 5 (c) There shall be no specific performance remedy available for a 6 breach. 7 PART 5 8 PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES 9 Section 581-501. Reimbursement. 10 581-502. Compensation. 11 § 581-501. Reimbursement. A donor who has entered into a valid agree- 12 ment to be a donor may receive reimbursement from an intended parent or 13 parents for economic losses incurred in connection with the donation 14 which result from the retrieval or storage of gametes or embryos. 15 § 581-502. Compensation. (a) Compensation may be paid to a donor or 16 person acting as surrogate based on medical risks, physical discomfort, 17 inconvenience and the responsibilities they are undertaking in 18 connection with their participation in the assisted reproduction. Under 19 no circumstances may compensation be paid to purchase gametes or embryos 20 or for the release of a parental interest in a child. 21 (b) The compensation, if any, paid to a donor or person acting as 22 surrogate must be reasonable and negotiated in good faith between the 23 parties, and said payments to a person acting as surrogate shall not 24 exceed the duration of the pregnancy and recuperative period of up to 25 eight weeks after the birth of any resulting children. 26 (c) Compensation may not be conditioned upon the purported quality or 27 genome-related traits of the gametes or embryos. 28 (d) Compensation may not be conditioned on actual genotypic or pheno- 29 typic characteristics of the donor or of any resulting children. 30 (e) Compensation to an embryo donor shall be limited to storage fees, 31 transportation costs and attorneys' fees. 32 PART 6 33 SURROGATES' BILL OF RIGHTS 34 Section 581-601. Applicability. 35 581-602. Health and welfare decisions. 36 581-603. Independent legal counsel. 37 581-604. Health insurance and medical costs. 38 581-605. Counseling. 39 581-606. Life insurance. 40 581-607. Termination of surrogacy agreement. 41 § 581-601. Applicability. The rights enumerated in this part shall 42 apply to any person acting as surrogate in this state, notwithstanding 43 any surrogacy agreement, judgment of parentage, memorandum of under- 44 standing, verbal agreement or contract to the contrary. Except as 45 otherwise provided by law, any written or verbal agreement purporting to 46 waive or limit any of the rights in this part is void as against public 47 policy. The rights enumerated in this part are not exclusive, and are 48 in addition to any other rights provided by law, regulation, or a surro- 49 gacy agreement that meets the requirements of this article. 50 § 581-602. Health and welfare decisions. A person acting as surrogate 51 has the right to make all health and welfare decisions regarding them- 52 self and their pregnancy, including but not limited to whether to 53 consent to a cesarean section or multiple embryo transfer, to utilize 54 the services of a health care practitioner of their choosing, whether toS. 7506--B 61 A. 9506--B 1 terminate or continue the pregnancy, and whether to reduce or retain the 2 number of fetuses or embryos they are carrying. 3 § 581-603. Independent legal counsel. A person acting as surrogate has 4 the right to be represented throughout the contractual process and the 5 duration of the surrogacy agreement and its execution by independent 6 legal counsel of their own choosing who is licensed to practice law in 7 the state of New York, to be paid for by the intended parent or parents. 8 § 581-604. Health insurance and medical costs. A person acting as 9 surrogate has the right to have a comprehensive health insurance policy 10 that covers preconception care, prenatal care, major medical treatments, 11 hospitalization and behavioral health care for a term that extends 12 throughout the duration of the expected pregnancy and for twelve months 13 after the birth of the child, a stillbirth, a miscarriage resulting in 14 termination of pregnancy, or termination of the pregnancy, to be paid 15 for by the intended parent or parents. The intended parent or parents 16 shall also pay for or reimburse the person acting as surrogate for all 17 co-payments, deductibles and any other out-of-pocket medical costs asso- 18 ciated with pregnancy, childbirth, or postnatal care that accrue through 19 twelve months after the birth of the child, a stillbirth, a miscarriage, 20 or the termination of the pregnancy. A person acting as a surrogate who 21 is receiving no compensation may waive the right to have the intended 22 parent or parents make such payments or reimbursements. 23 § 581-605. Counseling. A person acting as surrogate has the right to 24 obtain a comprehensive health insurance policy that covers behavioral 25 health care and will cover the cost of psychological counseling to 26 address issues resulting from their participation in a surrogacy and 27 such policy shall be paid for by the intended parent or parents. 28 § 581-606. Life insurance. A person acting as surrogate has the right 29 to be provided a life insurance policy that takes effect prior to taking 30 any medication or commencement of treatment to further embryo transfer, 31 provides a minimum benefit of seven hundred fifty thousand dollars, or 32 the maximum amount the person acting as surrogate qualifying for it less 33 than seven hundred fifty thousand dollars, and has a term that extends 34 throughout the duration of the expected pregnancy and for twelve months 35 after the birth of the child, a stillbirth, a miscarriage resulting in 36 termination of pregnancy, or termination of the pregnancy, with a bene- 37 ficiary or beneficiaries of their choosing, to be paid for by the 38 intended parent or parents. 39 § 581-607. Termination of surrogacy agreement. A person acting as 40 surrogate has the right to terminate a surrogacy agreement prior to 41 becoming pregnant by means of assisted reproduction pursuant to section 42 581-405 of this article. 43 PART 7 44 MISCELLANEOUS PROVISIONS 45 Section 581-701. Remedial. 46 581-702. Severability. 47 581-703. Parent under section seventy of the domestic relations 48 law. 49 581-704. Interpretation. 50 § 581-701. Remedial. This legislation is hereby declared to be a 51 remedial statute and is to be construed liberally to secure the benefi- 52 cial interests and purposes thereof for the best interests of the child. 53 § 581-702. Severability. The invalidation of any part of this legis- 54 lation by a court of competent jurisdiction shall not result in the 55 invalidation of any other part.S. 7506--B 62 A. 9506--B 1 § 581-703. Parent under section seventy of the domestic relations law. 2 The term "parent" in section seventy of the domestic relations law shall 3 include a person established to be a parent under this article or any 4 other relevant law. 5 § 581-704. Interpretation. Unless the context indicates otherwise, 6 words importing the singular include and apply to several persons, 7 parties, or things; words importing the plural include the singular. 8 § 2. Section 73 of the domestic relations law is REPEALED. 9 § 3. Section 121 of the domestic relations law, as added by chapter 10 308 of the laws of 1992, is amended to read as follows: 11 § 121. Definitions. When used in this article, unless the context or 12 subject matter manifestly requires a different interpretation: 13 1.["Birth mother"] "Genetic surrogate" shall mean a [woman] person 14 who gives birth to a child who is the person's genetic child pursuant to 15 a genetic surrogate parenting [contract] agreement. 16 2. ["Genetic father" shall mean a man who provides sperm for the birth17of a child born pursuant to a surrogate parenting contract.183. "Genetic mother" shall mean a woman who provides an ovum for the19birth of a child born pursuant to a surrogate parenting contract.204. "Surrogate parenting contract"] "Genetic surrogate parenting agree- 21 ment" shall mean any agreement, oral or written, in which: 22 (a) a [woman] genetic surrogate agrees either to be inseminated with 23 the sperm of a [man] person who is not [her husband] their spouse or to 24 be impregnated with an embryo that is the product of [an] the genetic 25 surrogate's ovum fertilized with the sperm of a [man] person who is not 26 [her husband] their spouse; and 27 (b) the [woman] genetic surrogate agrees to, or intends to, surrender 28 or consent to the adoption of the child born as a result of such insemi- 29 nation or impregnation. 30 § 4. Section 122 of the domestic relations law, as added by chapter 31 308 of the laws of 1992, is amended to read as follows: 32 § 122. Public policy. [Surrogate] Genetic surrogate parenting 33 [contracts] agreements are hereby declared contrary to the public policy 34 of this state, and are void and unenforceable. 35 § 5. Section 123 of the domestic relations law, as added by chapter 36 308 of the laws of 1992, is amended to read as follows: 37 § 123. Prohibitions and penalties. 1. No person or other entity shall 38 knowingly request, accept, receive, pay or give any fee, compensation or 39 other remuneration, directly or indirectly, in connection with any 40 genetic surrogate parenting [contract] agreement, or induce, arrange or 41 otherwise assist in arranging a genetic surrogate parenting [contract] 42 agreement for a fee, compensation or other remuneration, except for: 43 (a) payments in connection with the adoption of a child permitted by 44 subdivision six of section three hundred seventy-four of the social 45 services law and disclosed pursuant to subdivision eight of section one 46 hundred fifteen of this chapter; or 47 (b) payments for reasonable and actual medical fees and hospital 48 expenses for artificial insemination or in vitro fertilization services 49 incurred by the [mother] genetic surrogate in connection with the birth 50 of the child. 51 2. (a) [A birth mother or her husband, a genetic father and his wife,52and, if the genetic mother is not the birth mother, the genetic mother53and her husband] Any party to a genetic surrogate parenting agreement or 54 the spouse of any part to a genetic surrogate parenting agreement who 55 violate this section shall be subject to a civil penalty not to exceed 56 five hundred dollars.S. 7506--B 63 A. 9506--B 1 (b) Any other person or entity who or which induces, arranges or 2 otherwise assists in the formation of a genetic surrogate parenting 3 contract for a fee, compensation or other remuneration or otherwise 4 violates this section shall be subject to a civil penalty not to exceed 5 ten thousand dollars and forfeiture to the state of any such fee, 6 compensation or remuneration in accordance with the provisions of subdi- 7 vision (a) of section seven thousand two hundred one of the civil prac- 8 tice law and rules, for the first such offense. Any person or entity 9 who or which induces, arranges or otherwise assists in the formation of 10 a genetic surrogate parenting contract for a fee, compensation or other 11 remuneration or otherwise violates this section, after having been once 12 subject to a civil penalty for violating this section, shall be guilty 13 of a felony. 14 § 6. Section 124 of the domestic relations law, as added by chapter 15 308 of the laws of 1992, is amended to read as follows: 16 § 124. Proceedings regarding parental rights, status or obligations. 17 In any action or proceeding involving a [dispute between the birth moth-18er and (i) the genetic father, (ii) the genetic mother, (iii) both the19genetic father and genetic mother, or (iv) the parent or parents of the20genetic father or genetic mother, regarding parental rights, status or21obligations with respect to a child born pursuant to a surrogate parent-22ing contract] purported genetic surrogacy parenting agreement, the 23 parentage of the child will be determined based on the laws of New York 24 state and: 25 1. the court shall not consider the [birth mother's] genetic surro- 26 gate's participation in a genetic surrogate parenting [contract] agree- 27 ment as adverse to [her] their parental rights, status, or obligations; 28 and 29 2. the court, having regard to the circumstances of the case and of 30 the respective parties including the parties' relative ability to pay 31 such fees and expenses, in its discretion and in the interests of 32 justice, may award to either party reasonable and actual counsel fees 33 and legal expenses incurred in connection with such action or proceed- 34 ing. Such award may be made in the order or judgment by which the 35 particular action or proceeding is finally determined, or by one or 36 more orders from time to time before the final order or judgment, or by 37 both such order or orders and the final order or judgment; provided, 38 however, that in any dispute involving a [birth mother] genetic surro- 39 gate who has executed a valid surrender or consent to the adoption, 40 nothing in this section shall empower a court to make any award that it 41 would not otherwise be empowered to direct. 42 § 7. Section 4135 of the public health law, subdivision 1 as amended 43 by chapter 201 of the laws of 1972, subdivision 2 as amended by chapter 44 398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the 45 laws of 1980, is amended to read as follows: 46 § 4135. Birth certificate; child born out of wedlock. 1. (a) There 47 shall be no specific statement on the birth certificate as to whether 48 the child is born in wedlock or out of wedlock or as to the marital name 49 or status of the mother. 50 (b) The phrase "child born out of wedlock" when used in this article, 51 refers to a child whose father is not its mother's husband. 52 2. The name of the [putative] alleged father of a child born out of 53 wedlock shall not be entered on the certificate of birth prior to filing 54 without (i) an acknowledgment of [paternity] parentage pursuant to 55 section one hundred eleven-k of the social services law or section four 56 thousand one hundred thirty-five-b of this article executed by both theS. 7506--B 64 A. 9506--B 1 mother and [putative] alleged father, and filed with the record of 2 birth; or (ii) notification having been received by, or proper proof 3 having been filed with, the record of birth by the clerk of a court of 4 competent jurisdiction or the parents, or their attorneys of a judgment, 5 order or decree relating to parentage. 6 3. Orders relating to parentage shall be held confidential by the 7 commissioner and shall not be released or otherwise divulged except by 8 order of a court of competent jurisdiction. 9 § 8. Section 4135-b of the public health law, as added by chapter 59 10 of the laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of 11 the laws of 2013, and subdivision 3 as amended by chapter 170 of the 12 laws of 1994, is amended to read as follows: 13 § 4135-b. Voluntary acknowledgments of [paternity; child born out of14wedlock] parentage. 1. (a) Immediately preceding or following the 15 in-hospital birth of a child to an unmarried [woman] person or to a 16 person who gave birth to a child conceived through assisted 17 reproduction, the person in charge of such hospital or his or her desig- 18 nated representative shall provide to the [child's mother and putative19father] unmarried person who gave birth to the child and the alleged 20 genetic parent, if such [father] alleged genetic parent is readily iden- 21 tifiable and available, or to the person who gave birth and the other 22 intended parent of a child conceived through assisted reproduction if 23 such person is readily identifiable and available, the documents and 24 written instructions necessary for such [mother] person or to a person 25 who gave birth to a child conceived through assisted reproduction and 26 [putative father] alleged persons to complete an acknowledgment of 27 [paternity] parentage witnessed by two persons not related to the signa- 28 tory. Such acknowledgment, if signed by both parties, at any time 29 following the birth of a child, shall be filed with the registrar at the 30 same time at which the certificate of live birth is filed, if possible, 31 or anytime thereafter. Nothing herein shall be deemed to require the 32 person in charge of such hospital or his or her designee to seek out or 33 otherwise locate [a putative father] an alleged genetic parent or 34 intended parent of a child conceived through assisted reproduction who 35 is not readily identifiable or available. 36 (b) The following persons may sign an acknowledgment of parentage to 37 establish the parentage of the child: 38 (i) An unmarried person who gave birth to the child and another person 39 who is a genetic parent. 40 (ii) A married or unmarried person who gave birth to the child and 41 another person who is an intended parent under section 581-303 of the 42 family court act of a child conceived through assisted reproduction. 43 (c) An acknowledgment of parentage shall be in a record signed by the 44 person who gave birth to the child and by either the genetic parent 45 other than the person who gave birth to the child or a person who is a 46 parent under section 581-303 of the family court act of the child 47 conceived through assisted reproduction. 48 (d) An acknowledgment of parentage is void if, at the time of signing, 49 any of the following are true: 50 (i) A person other than the signatories is a presumed parent of the 51 child under section twenty-four of the domestic relations law; 52 (ii) A court has entered a judgment of parentage of the child; 53 (iii) Another person has signed a valid acknowledgment of parentage 54 with regard to the child; 55 (iv) The child has a parent under section 581-303 of the family court 56 act other than the signatories;S. 7506--B 65 A. 9506--B 1 (v) A signatory is a gamete donor under section 581-302 of the family 2 court act; 3 (vi) The acknowledgment is signed by a person who asserts that they 4 are a parent under section 581-303 of the family court act of a child 5 conceived through assisted reproduction, but the child was not conceived 6 through assisted reproduction. 7 (e) The acknowledgment shall be executed on a form provided by the 8 commissioner developed in consultation with the [appropriate] commis- 9 sioner of the [department of family assistance] office of temporary and 10 disability assistance, which shall: (i) include the social security 11 number of the [mother and of the putative father and] signatories; (ii) 12 provide in plain language [(i)] (A) a statement by the [mother] person 13 who gave birth to the child consenting to the acknowledgment of [pater-14nity] parentage and a statement that the [putative father] other signa- 15 tory is the only possible [father] other genetic parent or that the 16 other signatory is an intended parent and the child was conceived 17 through assisted reproduction, [(ii)] (B) a statement by the [putative18father], alleged genetic parent, if any, that he or she is the [biolog-19ical father] genetic parent of the child, and [(iii)] (C) a statement 20 that the signing of the acknowledgment of [paternity] parentage by both 21 parties shall have the same force and effect as an order of parentage or 22 filiation entered after a court hearing by a court of competent juris- 23 diction, including an obligation to provide support for the child except 24 that, only if filed with the registrar of the district in which the 25 birth certificate has been filed, will the acknowledgment have such 26 force and effect with respect to inheritance rights; and (iii) include 27 the name and address, if known, of any gamete donors. 28 [(b)] (f) Prior to the execution of an acknowledgment of [paternity] 29 parentage, the [mother] person who gave birth to the child and the 30 [putative father] other signatory shall be provided orally, which may be 31 through the use of audio or video equipment, and in writing with such 32 information as is required pursuant to this section with respect to 33 their rights and the consequences of signing a voluntary acknowledgment 34 of [paternity] parentage including, but not limited to: 35 (i) that the signing of the acknowledgment of [paternity] parentage 36 shall establish the [paternity] parentage of the child and shall have 37 the same force and effect as an order of [paternity] parentage or filia- 38 tion issued by a court of competent jurisdiction establishing the duty 39 of both parties to provide support for the child; 40 (ii) that if such an acknowledgment is not made, the [putative father] 41 signatory other than the person who gave birth to the child can be held 42 liable for support only if the family court, after a hearing, makes an 43 order declaring that the [putative father] person is the [father] parent 44 of the child whereupon the court may make an order of support which may 45 be retroactive to the birth of the child; 46 (iii) that if made a respondent in a proceeding to establish [paterni-47ty] parentage the [putative father] signatory other than the person who 48 gave birth to the child has a right to free legal representation if 49 indigent; 50 (iv) that [the putative father] an alleged genetic parent has a right 51 to a genetic marker test or to a DNA test when available; 52 (v) that by executing the acknowledgment, the [putative father] 53 alleged genetic parent waives [his] their right to a hearing, to which 54 [he] they would otherwise be entitled, on the issue of [paternity] 55 parentage;S. 7506--B 66 A. 9506--B 1 (vi) that a copy of the acknowledgment of [paternity] parentage shall 2 be filed with the [putative father] registry [pursuant to] created by 3 section three hundred seventy-two-c of the social services law, and that 4 such filing may establish the child's right to inheritance from the 5 [putative father] alleged genetic parent or the other intended parent of 6 a child conceived through assisted reproduction pursuant to clause (B) 7 of subparagraph two of paragraph (a) of section 4-1.2 of the estates, 8 powers and trusts law; 9 (vii) that, if such acknowledgment is filed with the registrar of the 10 district in which the birth certificate has been filed, such acknowledg- 11 ment will establish inheritance rights from the [putative father] 12 alleged genetic parent or the other intended parent of a child conceived 13 through assisted reproduction pursuant to clause (A) of subparagraph two 14 of paragraph (a) of section 4-1.2 of the estates, powers and trusts law; 15 (viii) that no further judicial or administrative proceedings are 16 required to ratify an unchallenged acknowledgment of [paternity] parent- 17 age provided, however, that: 18 (A) A signatory to an acknowledgment of [paternity] parentage, who had 19 attained the age of eighteen at the time of execution of the acknowledg- 20 ment, shall have the right to rescind the acknowledgment within the 21 earlier of sixty days from the date of signing the acknowledgment or the 22 date of an administrative or a judicial proceeding (including, but not 23 limited to, a proceeding to establish a support order) relating to the 24 child in which the signatory is a party, provided that the "date of an 25 administrative or a judicial proceeding" shall be the date by which the 26 respondent is required to answer the petition; 27 (B) A signatory to an acknowledgment of [paternity] parentage, who had 28 not attained the age of eighteen at the time of execution of the 29 acknowledgment, shall have the right to rescind the acknowledgment 30 anytime up to sixty days after the signatory's attaining the age of 31 eighteen years or sixty days after the date on which the respondent is 32 required to answer a petition (including, but not limited to, a petition 33 to establish a support order) relating to the child, whichever is earli- 34 er; provided, however, that the signatory must have been advised at such 35 proceeding of his or her right to file a petition to vacate the acknowl- 36 edgment within sixty days of the date of such proceeding; 37 (ix) that after the expiration of the time limits set forth in clauses 38 (A) and (B) of subparagraph (viii) of this paragraph, any of the signa- 39 tories may challenge the acknowledgment of [paternity] parentage in 40 court only on the basis of fraud, duress, or material mistake of fact, 41 with the burden of proof on the party challenging the voluntary acknowl- 42 edgment; 43 (x) that the [putative father and mother] person who gave birth to the 44 child and the other signatory may wish to consult with attorneys before 45 executing the acknowledgment; and that they have the right to seek legal 46 representation and supportive services including counseling regarding 47 such acknowledgment; 48 (xi) that the acknowledgment of [paternity] parentage may be the basis 49 for the [putative father] signatory other than the person who gave birth 50 to the child establishing custody and visitation rights to the child and 51 for requiring the [putative father's] consent of the signatory other 52 than the person who gave birth to the child prior to an adoption 53 proceeding; 54 (xii) that the [mother's] refusal of the person who gave birth to the 55 child to sign the acknowledgment shall not be deemed a failure to coop- 56 erate in establishing [paternity for] parentage of the child; andS. 7506--B 67 A. 9506--B 1 (xiii) that the child may bear the last name of either parent, or any 2 combination thereof, which name shall not affect the legal status of the 3 child. 4 In addition, the governing body of such hospital shall [insure] ensure 5 that appropriate staff shall provide to the [child's mother and putative6father] person who gave birth to the child and the other signatory, 7 prior to the [mother's] discharge from the hospital of the person who 8 gave birth to the child, the opportunity to speak with hospital staff to 9 obtain clarifying information and answers to their questions about 10 [paternity] parentage establishment, and shall also provide the tele- 11 phone number of the local support collection unit. 12 [(c)] (g) Within ten days after receiving the certificate of birth, 13 the registrar shall furnish without charge to each parent or guardian of 14 the child or to the [mother] person who gave birth at the address desig- 15 nated by her for that purpose, a certified copy of the certificate of 16 birth and, if applicable, a certified copy of the written acknowledgment 17 of [paternity] parentage. If the [mother] person who gave birth is in 18 receipt of child support enforcement services pursuant to title six-A of 19 article three of the social services law, the registrar also shall 20 furnish without charge a certified copy of the certificate of birth and, 21 if applicable, a certified copy of the written acknowledgment of [pater-22nity] parentage to the social services district of the county within 23 which the [mother] person who gave birth resides. 24 2. (a) When a child's [paternity] parentage is acknowledged voluntar- 25 ily pursuant to section one hundred eleven-k of the social services law, 26 the social services official shall file the executed acknowledgment with 27 the registrar of the district in which the birth occurred and in which 28 the birth certificate has been filed. 29 (b) Where a child's [paternity] parentage has not been acknowledged 30 voluntarily pursuant to paragraph (a) of subdivision one of this section 31 or paragraph (a) of this subdivision, the [child's mother and the puta-32tive father] person who gave birth to the child and the other signatory 33 may voluntarily acknowledge a child's [paternity] parentage pursuant to 34 this paragraph by signing the acknowledgment of [paternity] parentage. 35 (c) A signatory to an acknowledgment of [paternity] parentage, who has 36 attained the age of eighteen at the time of execution of the acknowledg- 37 ment shall have the right to rescind the acknowledgment within the 38 earlier of sixty days from the date of signing the acknowledgment or the 39 date of an administrative or a judicial proceeding (including, but not 40 limited to, a proceeding to establish a support order) relating to the 41 child in which either signatory is a party; provided that for purposes 42 of this section, the "date of an administrative or a judicial proceed- 43 ing" shall be the date by which the respondent is required to answer the 44 petition. 45 (d) A signatory to an acknowledgment of [paternity] parentage, who has 46 not attained the age of eighteen at the time of execution of the 47 acknowledgment, shall have the right to rescind the acknowledgment 48 anytime up to sixty days after the signatory's attaining the age of 49 eighteen years or sixty days after the date on which the respondent is 50 required to answer a petition (including, but not limited to, a petition 51 to establish a support order) relating to the child in which the signa- 52 tory is a party, whichever is earlier; provided, however, that the 53 signatory must have been advised at such proceeding of his or her right 54 to file a petition to vacate the acknowledgment within sixty days of the 55 date of such proceeding.S. 7506--B 68 A. 9506--B 1 (e) After the expiration of the time limits set forth in paragraphs 2 (c) and (d) of this subdivision, any of the signatories may challenge 3 the acknowledgment of [paternity] parentage in court only on the basis 4 of fraud, duress, or material mistake of fact, with the burden of proof 5 on the party challenging the voluntary acknowledgment. The acknowledg- 6 ment shall have full force and effect once so signed. The original or a 7 copy of the acknowledgment shall be filed with the registrar of the 8 district in which the birth certificate has been filed. 9 3. (a) An acknowledgment of [paternity] parentage executed by [the10mother and father of a child born out of wedlock] any two people eligi- 11 ble to sign such an acknowledgment under paragraph (b) of subdivision 12 one of this section, married or unmarried, shall establish the [paterni-13ty] parentage of a child and shall have the same force and effect as an 14 order of [paternity] parentage or filiation issued by a court of compe- 15 tent jurisdiction. Such acknowledgement shall thereafter be filed with 16 the registrar pursuant to subdivision one or two of this section. 17 (b) A registrar with whom an acknowledgment of [paternity] parentage 18 has been filed pursuant to subdivision one or two of this section shall 19 file the acknowledgment with the state department of health [and the20putative father registry], the New York city department of health and 21 mental hygiene and the registry operated by the department of social 22 services pursuant to section three hundred seventy-two-c of the social 23 services law. If the acknowledgment includes the name and address of any 24 known gamete donors of a child conceived through assisted reproduction, 25 the state department of health or the New York city department of health 26 and mental hygiene shall mail a copy to the known donors listed on the 27 form with the social security numbers of the signatories redacted. 28 4. The court shall give full faith and credit to an acknowledgment of 29 parentage effective in another state if the acknowledgment was in a 30 signed record and otherwise complies with the law of the other state. 31 5. A new certificate of birth shall be issued if the certificate of 32 birth of [a] the child [born out of wedlock] as defined in paragraph (b) 33 of subdivision one of section four thousand one hundred thirty-five of 34 this article has been filed without entry of the name of the [father] 35 signatory other than the person who gave birth, and the commissioner 36 thereafter receives a notarized acknowledgment of [paternity] parentage 37 accompanied by the written consent of the [putative father and mother] 38 person who gave birth to the child and other signatory to the entry of 39 the name of such [father] person, which consent may also be to a change 40 in the surname of the child. 41 6. Any reference to an acknowledgment of paternity in any law of this 42 state shall be interpreted to mean an acknowledgment of parentage signed 43 pursuant to this section or signed in another state consistent with the 44 law of that state. 45 § 9. Paragraph (e) of subdivision 1 of section 4138 of the public 46 health law, as amended by chapter 214 of the laws of 1998, is amended to 47 read as follows: 48 (e) the certificate of birth of a child born out of wedlock as defined 49 in paragraph (b) of subdivision one of section four thousand one hundred 50 thirty-five of this article has been filed without entry of the name of 51 the [father] signatory other than the person who gave birth and the 52 commissioner thereafter receives the acknowledgment of [paternity] 53 parentage pursuant to section one hundred eleven-k of the social 54 services law or section four thousand one hundred thirty-five-b of this 55 article executed by the [putative father and mother] person who gave 56 birth and the other signatory which authorizes the entry of the name ofS. 7506--B 69 A. 9506--B 1 such [father] other signatory, and which may also authorize a conforming 2 change in the surname of the child. 3 § 10. The article heading of article 8 of the domestic relations law, 4 as added by chapter 308 of the laws of 1992, is amended to read as 5 follows: 6 GENETIC SURROGATE PARENTING CONTRACTS 7 § 11. The general business law is amended by adding a new article 44 8 to read as follows: 9 ARTICLE 44 10 REGULATION OF SURROGACY PROGRAMS AND ASSISTED 11 REPRODUCTION SERVICE PROVIDERS 12 Section 1400. Definitions. 13 1401. Surrogacy programs regulated under this article. 14 1402. Assisted reproduction service providers regulated under 15 this article. 16 1403. Conflicts of interest; prohibition on payments; funds in 17 escrow; licensure; notice of surrogates' bill of rights. 18 1404. Regulations. 19 § 1400. Definitions. As used in this section: 20 (a) The definitions in section 581-102 of the family court act shall 21 apply. 22 (b) "Payment" means any type of monetary compensation or other valu- 23 able consideration including but not limited to a rebate, refund, 24 commission, unearned discount, or profit by means of credit or other 25 valuable consideration. 26 (c) "Surrogacy program" does not include any party to a surrogacy 27 agreement or any person licensed to practice law and representing a 28 party to the surrogacy agreement, but does include and is not limited to 29 any agency, agent, business, or individual engaged in, arranging, or 30 facilitating transactions contemplated by a surrogacy agreement, regard- 31 less of whether such agreement ultimately comports with the requirements 32 of article five-C of the family court act. 33 § 1401. Surrogacy programs regulated under this article. The 34 provisions of this article apply to surrogacy programs arranging or 35 facilitating transactions contemplated by a surrogacy agreement under 36 part four of article five-C of the family court act if: 37 (a) The surrogacy program does business in New York state; 38 (b) A person acting as surrogate who is party to a surrogacy agreement 39 resides in New York state during the term of the surrogacy agreement; or 40 (c) Any medical procedures under the surrogacy agreement are performed 41 in New York state. 42 § 1402. Assisted reproduction service providers regulated under this 43 article. The provisions of this article apply to agents, gamete banks, 44 fertility clinics, and other entities if: 45 1. The agent, gamete bank, fertility clinic, or other entity does 46 business in this state; or 47 2. Any health care services performed, provided or otherwise arranged 48 by the entity are performed in this state. 49 § 1403. Conflicts of interest; prohibition on payments; funds in 50 escrow; licensure; notice of surrogates' bill of rights. A surrogacy 51 program to which this article applies: 52 (a) Shall keep all funds paid by or on behalf of the intended parent 53 or parents in an escrow account separate from its operating accounts; 54 andS. 7506--B 70 A. 9506--B 1 (b) May not be owned or managed, in any part, directly or indirectly, 2 by any attorney representing a party to the surrogacy agreement; and 3 (c) May not pay or receive payment, directly or indirectly, to or from 4 any person licensed to practice law and representing a party to the 5 surrogacy agreement in connection with the referral of any person or 6 party for the purpose of a surrogacy agreement; and 7 (d) May not pay or receive payment, directly or indirectly, to or from 8 any health care provider providing any health services, including 9 assisted reproduction, to a party to the surrogacy agreement; and 10 (e) May not be owned or managed, in any part, directly or indirectly, 11 by any health care provider providing any health services, including 12 assisted reproduction, to a party to the surrogacy agreement; and 13 (f) Shall be licensed to operate in New York state pursuant to regu- 14 lations promulgated by the department of health in consultation with the 15 department of financial services, once such regulations are promulgated 16 and become effective; and 17 (g) Shall ensure that all potential parties to a surrogacy agreement, 18 at the time of consultation with such surrogacy program, are provided 19 with written notice of the surrogates' bill of rights enumerated in part 20 six of article five-C of the family court act. 21 § 1404. Regulations. 1. The department of health, in consultation with 22 the department of financial services, shall promulgate rules and regu- 23 lations to implement the requirements of this article regarding surroga- 24 cy programs and assisted reproduction service providers in a manner that 25 ensures the safety and health of gamete providers and persons serving as 26 surrogates. Such regulations shall: 27 (a) Require surrogacy programs to monitor compliance with surrogacy 28 agreements eligibility and requirements in state law; and 29 (b) Require the surrogacy programs and assisted reproduction service 30 providers to administer informed consent procedures that comply with 31 regulations promulgated by the department of health under section twen- 32 ty-five hundred ninety-nine-cc of the public health law. 33 2. The department of health shall annually report to the legislature 34 regarding the practices of surrogacy programs and assisted reproduction 35 service providers and all business transactions related to surrogacy and 36 gamete provision in New York state, with recommendations for any neces- 37 sary amendments to this article. 38 § 12. The public health law is amended by adding a new article 25-B to 39 read as follows: 40 ARTICLE 25-B 41 GESTATIONAL SURROGACY 42 Section 2599-cc. Gestational surrogacy. 43 § 2599-cc. Gestational surrogacy. 1. The commissioner shall promulgate 44 regulations on the practice of gestational surrogacy. Such regulations 45 shall include, but not be limited to: 46 (a) guidelines and procedures for obtaining fully informed consent 47 from potential persons acting as surrogates, including but not limited 48 to a full disclosure of any known or potential health risks and mental 49 health impacts associated with acting as a surrogate; 50 (b) the development and distribution, in printed form and on the 51 department's website, of informational material relating to gestational 52 surrogacy; 53 (c) the establishment of a voluntary central tracking registry of 54 persons acting as surrogates, as reported by surrogacy programs licensed 55 by the department pursuant to article forty-four of the general business 56 law upon the affirmative consent of a person acting as surrogate. SuchS. 7506--B 71 A. 9506--B 1 registry shall provide a means for gathering and maintaining accurate 2 information on the: 3 (i) number of times a person has acted as a surrogate; 4 (ii) health information of the person acting as surrogate; and 5 (iii) other information deemed appropriate by the commissioner; 6 (d) the development of guidelines, procedures or protocols, in consul- 7 tation with the American college of obstetricians and gynecologists and 8 the American society for reproductive medicine, to assist physicians in 9 screening potential surrogates for their ability to serve as a surrogate 10 as required under subdivision four of section 581-402 of the family 11 court act including taking into consideration the potential surrogates 12 family medical history and complications from prior pregnancies and 13 known health conditions that may pose a risk to the potential surrogate 14 during pregnancy; and 15 (e) the development of guidance to reduce conflicts of interest among 16 physicians providing health care services to the surrogate. 17 2. All such regulations shall maintain the anonymity of the person 18 acting as surrogate and any resulting offspring and govern access to 19 information maintained by the registry. Such registry shall comply with 20 all state and federal laws and regulations related to maintaining the 21 privacy and confidentiality of records contained with the registry. 22 § 13. Subdivisions 4, 5, 6, 7 and 8 of section 4365 of the public 23 health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi- 24 vision 4 is added to read as follows: 25 4. The commissioner, in consultation with the transplant council, 26 shall promulgate regulations on the donation of ova. Such regulations 27 shall include, but not be limited to: 28 (a) guidelines and procedures for obtaining fully informed consent 29 from potential donors, including but not limited to a full disclosure of 30 any known or potential health risks of the ova donation process; 31 (b) the development and distribution, in printed form and on the 32 department's website, of informational material relating to the donation 33 of ova; 34 (c) the establishment of a voluntary central tracking registry of ova 35 donor information, as reported by banks and storage facilities licensed 36 pursuant to this article upon the affirmative consent of an ova donor. 37 Such registry shall provide a means for gathering and maintaining accu- 38 rate information on the: 39 (i) number of ova and the number of times ova have been donated from a 40 single donor; 41 (ii) health information of the donor at the time of the donation; and 42 (iii) other information deemed appropriate by the commissioner. 43 In addition, all such regulations shall maintain the anonymity of the 44 donor and any resulting offspring and govern access to information main- 45 tained by the registry. Such registry shall comply with all state and 46 federal laws and regulations related to maintaining the privacy and 47 confidentiality of records contained within the registry; and 48 (d) the development of best practices and procedures, in consultation 49 with the American college of obstetricians and gynecologists, American 50 society for reproductive medicine and other medical organizations, for 51 ova donation, ova retrieval, and in vitro fertilization for the 52 protection of the health and safety of the donor. 53 § 14. Paragraph (a) of subdivision 1 of section 440 of the family 54 court act, as amended by chapter 398 of the laws of 1997, is amended to 55 read as follows:S. 7506--B 72 A. 9506--B 1 (a) Any support order made by the court in any proceeding under the 2 provisions of article five-B of this act, pursuant to a reference from 3 the supreme court under section two hundred fifty-one of the domestic 4 relations law or under the provisions of article four, five or five-A of 5 this act (i) shall direct that payments of child support or combined 6 child and spousal support collected on behalf of persons in receipt of 7 services pursuant to section one hundred eleven-g of the social services 8 law, or on behalf of persons in receipt of public assistance be made to 9 the support collection unit designated by the appropriate social 10 services district, which shall receive and disburse funds so paid; or 11 (ii) shall be enforced pursuant to subdivision (c) of section five thou- 12 sand two hundred forty-two of the civil practice law and rules at the 13 same time that the court issues an order of support; and (iii) shall in 14 either case, except as provided for herein, be effective as of the 15 earlier of the date of the filing of the petition therefor, or, if the 16 children for whom support is sought are in receipt of public assistance, 17 the date for which their eligibility for public assistance was effec- 18 tive. Any retroactive amount of support due shall be support 19 arrears/past due support and shall be paid in one sum or periodic sums, 20 as the court directs, and any amount of temporary support which has been 21 paid to be taken into account in calculating any amount of such retroac- 22 tive support due. In addition, such retroactive child support shall be 23 enforceable in any manner provided by law including, but not limited to, 24 an execution for support enforcement pursuant to subdivision (b) of 25 section fifty-two hundred forty-one of the civil practice law and rules. 26 When a child receiving support is a public assistance recipient, or the 27 order of support is being enforced or is to be enforced pursuant to 28 section one hundred eleven-g of the social services law, the court shall 29 establish the amount of retroactive child support and notify the parties 30 that such amount shall be enforced by the support collection unit pursu- 31 ant to an execution for support enforcement as provided for in subdivi- 32 sion (b) of section fifty-two hundred forty-one of the civil practice 33 law and rules, or in such periodic payments as would have been author- 34 ized had such an execution been issued. In such case, the court shall 35 not direct the schedule of repayment of retroactive support. Where such 36 direction is for child support and [paternity] parentage has been estab- 37 lished by a voluntary acknowledgment of [paternity] parentage as defined 38 in section forty-one hundred thirty-five-b of the public health law, the 39 court shall inquire of the parties whether the acknowledgment has been 40 duly filed, and unless satisfied that it has been so filed shall require 41 the clerk of the court to file such acknowledgment with the appropriate 42 registrar within five business days. The court shall not direct that 43 support payments be made to the support collection unit unless the 44 child, who is the subject of the order, is in receipt of public assist- 45 ance or child support services pursuant to section one hundred eleven-g 46 of the social services law. Any such order shall be enforceable pursu- 47 ant to section fifty-two hundred forty-one or fifty-two hundred forty- 48 two of the civil practice law and rules, or in any other manner provided 49 by law. Such orders or judgments for child support and maintenance 50 shall also be enforceable pursuant to article fifty-two of the civil 51 practice law and rules upon a debtor's default as such term is defined 52 in paragraph seven of subdivision (a) of section fifty-two hundred 53 forty-one of the civil practice law and rules. The establishment of a 54 default shall be subject to the procedures established for the determi- 55 nation of a mistake of fact for income executions pursuant to subdivi- 56 sion (e) of section fifty-two hundred forty-one of the civil practiceS. 7506--B 73 A. 9506--B 1 law and rules. For the purposes of enforcement of child support orders 2 or combined spousal and child support orders pursuant to section five 3 thousand two hundred forty-one of the civil practice law and rules, a 4 "default" shall be deemed to include amounts arising from retroactive 5 support. Where permitted under federal law and where the record of the 6 proceedings contains such information, such order shall include on its 7 face the social security number and the name and address of the employ- 8 er, if any, of the person chargeable with support provided, however, 9 that failure to comply with this requirement shall not invalidate such 10 order. 11 § 15. Section 516-a of the family court act, as amended by chapter 398 12 of the laws of 1997, subdivisions (b) and (c) as amended by chapter 402 13 of the laws of 2013, and subdivision (d) as amended by chapter 343 of 14 the laws of 2009, is amended to read as follows: 15 § 516-a. Acknowledgment of [paternity] parentage. (a) An acknowledg- 16 ment of [paternity] parentage executed pursuant to section one hundred 17 eleven-k of the social services law or section four thousand one hundred 18 thirty-five-b of the public health law shall establish the [paternity] 19 parentage of and liability for the support of a child pursuant to this 20 act. Such acknowledgment must be reduced to writing and filed pursuant 21 to section four thousand one hundred thirty-five-b of the public health 22 law with the registrar of the district in which the birth occurred and 23 in which the birth certificate has been filed. No further judicial or 24 administrative proceedings are required to ratify an unchallenged 25 acknowledgment of [paternity] parentage. 26 (b) (i) Where a signatory to an acknowledgment of [paternity] parent- 27 age executed pursuant to section one hundred eleven-k of the social 28 services law or section four thousand one hundred thirty-five-b of the 29 public health law had attained the age of eighteen at the time of 30 execution of the acknowledgment, the signatory may seek to rescind the 31 acknowledgment by filing a petition with the court to vacate the 32 acknowledgment within the earlier of sixty days of the date of signing 33 the acknowledgment or the date of an administrative or a judicial 34 proceeding (including, but not limited to, a proceeding to establish a 35 support order) relating to the child in which the signatory is a party. 36 For purposes of this section, the "date of an administrative or a judi- 37 cial proceeding" shall be the date by which the respondent is required 38 to answer the petition. 39 (ii) Where a signatory to an acknowledgment of [paternity] parentage 40 executed pursuant to section one hundred eleven-k of the social services 41 law or section four thousand one hundred thirty-five-b of the public 42 health law had not attained the age of eighteen at the time of execution 43 of the acknowledgment, the signatory may seek to rescind the acknowledg- 44 ment by filing a petition with the court to vacate the acknowledgment 45 anytime up to sixty days after the signatory's attaining the age of 46 eighteen years or sixty days after the date on which the respondent is 47 required to answer a petition (including, but not limited to, a petition 48 to establish a support order) relating to the child in which the signa- 49 tory is a party, whichever is earlier; provided, however, that the 50 signatory must have been advised at such proceeding of his or her right 51 to file a petition to vacate the acknowledgment within sixty days of the 52 date of such proceeding. 53 (iii) Where a petition to vacate an acknowledgment of [paternity] 54 parentage has been filed in accordance with paragraph (i) or (ii) of 55 this subdivision, the court shall order genetic marker tests or DNA 56 tests for the determination of the child's [paternity] parentage. NoS. 7506--B 74 A. 9506--B 1 such test shall be ordered, however, where the acknowledgment was signed 2 by the intended parent of a child born through assisted reproduction 3 pursuant to subparagraph (ii) of paragraph (b) of subdivision one of 4 section four thousand one hundred thirty-five-b of the public health 5 law, or upon a written finding by the court that it is not in the best 6 interests of the child on the basis of res judicata, equitable estoppel, 7 or the presumption of legitimacy of a child born to a married [woman] 8 person. If the court determines, following the test, that the person who 9 signed the acknowledgment is the [father] parent of the child, the court 10 shall make a finding of [paternity] parentage and enter an order of 11 [filiation] parentage. If the court determines that the person who 12 signed the acknowledgment is not the [father] parent of the child, the 13 acknowledgment shall be vacated. 14 (iv) After the expiration of the time limits set forth in paragraphs 15 (i) and (ii) of this subdivision, any of the signatories to an acknowl- 16 edgment of [paternity] parentage may challenge the acknowledgment in 17 court by alleging and proving fraud, duress, or material mistake of 18 fact. If the petitioner proves to the court that the acknowledgment of 19 [paternity] parentage was signed under fraud, duress, or due to a mate- 20 rial mistake of fact, the court shall then order genetic marker tests or 21 DNA tests for the determination of the child's [paternity] parentage. 22 No such test shall be ordered, however, where the acknowledgment was 23 signed by the intended parent of a child born through assisted reprod- 24 uction pursuant to subparagraph (ii) of paragraph (b) of subdivision one 25 of section four thousand one hundred thirty-five-b of the public health 26 law, or upon a written finding by the court that it is not in the best 27 interests of the child on the basis of res judicata, equitable estoppel, 28 or the presumption of legitimacy of a child born to a married [woman] 29 person. If the court determines, following the test, that the person who 30 signed the acknowledgment is the [father] parent of the child, the court 31 shall make a finding of [paternity] parentage and enter an order of 32 [filiation] parentage. If the court determines that the person who 33 signed the acknowledgment is not the [father] parent of the child, the 34 acknowledgment shall be vacated. 35 (v) If, at any time before or after a signatory has filed a petition 36 to vacate an acknowledgment of [paternity] parentage pursuant to this 37 subdivision, the signatory dies or becomes mentally ill or cannot be 38 found within the state, neither the proceeding nor the right to commence 39 the proceeding shall abate but may be commenced or continued by any of 40 the persons authorized by this article to commence a [paternity] parent- 41 age proceeding. 42 (c) An acknowledgment of parentage is void if, at the time of signing, 43 any of the following are true: 44 (i) a person other than the signatories is a presumed parent of the 45 child pursuant to section twenty-four of the domestic relations law; 46 (ii) a court has entered a judgment of parentage of the child; 47 (iii) another person has signed a valid acknowledgment of parentage 48 with regard to the child; 49 (iv) the child has a parent pursuant to section 581-303 of the family 50 court act other than the signatories; 51 (v) a signatory is a gamete donor under section 581-302 of the family 52 court act; or 53 (vi) the acknowledgment is signed by a person who asserts that they 54 are a parent under section 581-303 of the family court act of a child 55 conceived through assisted reproduction, but the child was not conceived 56 through assisted reproduction.S. 7506--B 75 A. 9506--B 1 (d) Neither signatory's legal obligations, including the obligation 2 for child support arising from the acknowledgment, may be suspended 3 during the challenge to the acknowledgment except for good cause as the 4 court may find. If the court vacates the acknowledgment of [paternity] 5 parentage, the court shall immediately provide a copy of the order to 6 the registrar of the district in which the child's birth certificate is 7 filed and also to the putative father registry operated by the depart- 8 ment of social services pursuant to section three hundred seventy-two-c 9 of the social services law. In addition, if the [mother] parent of the 10 child who is the subject of the acknowledgment is in receipt of child 11 support services pursuant to title six-A of article three of the social 12 services law, the court shall immediately provide a copy of the order to 13 the child support enforcement unit of the social services district that 14 provides the [mother] parent with such services. 15 [(d)] (e) A determination of [paternity] parentage made by any other 16 state, whether established through an administrative or judicial process 17 or through an acknowledgment of [paternity] parentage signed in accord- 18 ance with that state's laws, must be accorded full faith and credit 19 pursuant to section 466(a)(11) of title IV-D of the social security act 20 (42 U.S.C. § 666(a)(11)). 21 (f) Any reference to an acknowledgment of paternity in any law of this 22 state, or any similar instrument signed in another state consistent with 23 the law of that state shall be interpreted to mean an acknowledgment of 24 parentage executed pursuant to section one hundred eleven-k of the 25 social services law, section four thousand one hundred thirty-five-b of 26 the public health law, or signed in another state consistent with the 27 law of that state. 28 § 16. Paragraph (b) of subdivision 1 of section 1017 of the family 29 court act, as added by chapter 567 of the laws of 2015, is amended to 30 read as follows: 31 (b) The court shall also direct the local commissioner of social 32 services to conduct an investigation to locate any person who is not 33 recognized to be the child's legal parent and does not have the rights 34 of a legal parent under the laws of the state of New York but who (i) 35 has filed with a putative father registry an instrument acknowledging 36 [paternity] parentage of the child, pursuant to section 4-1.2 of the 37 estates, powers and trusts law, or (ii) has a pending [paternity] 38 parentage petition, or (iii) has been identified as a parent of the 39 child by the child's other parent in a written sworn statement. The 40 local commissioner of social services shall report the results of such 41 investigation to the court and parties, including the attorney for the 42 child. 43 § 17. Section 4-1.2 of the estates, powers and trusts law, as amended 44 by chapter 67 of the laws of 1981, the section heading, the opening 45 paragraph of subparagraph 1 of paragraph (a), the opening paragraph of 46 subparagraph 2 of paragraph (a) and the opening paragraph of subpara- 47 graph 3 of paragraph (a) as amended by chapter 595 of the laws of 1992, 48 subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of 49 1987, clause (A) of subparagraph 2 of paragraph (a) as amended by chap- 50 ter 170 of the laws of 1994, and clause (C) of subparagraph 2 of para- 51 graph (a) and paragraph (b) as amended by chapter 64 of the laws of 52 2010, is amended to read as follows: 53 § 4-1.2 Inheritance by non-marital children 54 (a) For the purposes of this article: 55 (1) A non-marital child is the legitimate child of his mother so that 56 he and his issue inherit from his mother and from his maternal kindred.S. 7506--B 76 A. 9506--B 1 (2) A non-marital child is the legitimate child of his father or non- 2 gestating intended parent so that he and his issue inherit from [his3father and his paternal] such parent and such parent's kindred if: 4 (A) a court of competent jurisdiction has, during the lifetime of the 5 father, made an order of filiation or parentage declaring [paternity] 6 parentage or the [mother and father] parentage of the child [have7executed] has been established through the execution of an acknowledg- 8 ment of [paternity] parentage pursuant to section four thousand one 9 hundred thirty-five-b of the public health law, which has been filed 10 with the registrar of the district in which the birth certificate has 11 been filed or; 12 (B) the father of the child has signed an instrument acknowledging 13 [paternity] parentage, provided that 14 (i) such instrument is acknowledged or executed or proved in the form 15 required to entitle a deed to be recorded in the presence of one or more 16 witnesses and acknowledged by such witness or witnesses, in either case, 17 before a notary public or other officer authorized to take proof of 18 deeds and 19 (ii) such instrument is filed within sixty days from the making there- 20 of with the putative father registry established by the state department 21 of social services pursuant to section three hundred seventy-two-c of 22 the social services law, as added by chapter six hundred sixty-five of 23 the laws of nineteen hundred seventy-six and 24 (iii) the department of social services shall, within seven days of 25 the filing of the instrument, send written notice by registered mail to 26 the mother and other legal guardian of such child, notifying them that 27 an acknowledgment of [paternity] parentage instrument acknowledged or 28 executed by such [father] parent has been duly filed or; 29 (C) [paternity] parentage has been established by clear and convincing 30 evidence, which may include, but is not limited to: (i) evidence derived 31 from a genetic marker test, or (ii) evidence that the [father] parent 32 openly and notoriously acknowledged the child as his or her own, however 33 nothing in this section regarding genetic marker tests shall be 34 construed to expand or limit the current application of subdivision four 35 of section forty-two hundred ten of the public health law. 36 (3) The existence of an agreement obligating the father to support the 37 non-marital child does not qualify such child or his issue to inherit 38 from the father in the absence of an order of filiation made or acknowl- 39 edgement of [paternity] parentage as prescribed by subparagraph (2). 40 (4) A motion for relief from an order of filiation may be made only by 41 the father and a motion for relief from an acknowledgement of [paterni-42ty] parentage may be made by [the father, mother] a parent or other 43 legal guardian of such child, or the child, provided however, such 44 motion must be made within one year from the entry of such order or from 45 the date of written notice as provided for in subparagraph (2). 46 (b) If a non-marital child dies, his or her surviving spouse, issue, 47 mother, maternal kindred, father and paternal kindred inherit and are 48 entitled to letters of administration as if the decedent was a marital 49 child, provided that the father and paternal kindred may inherit or 50 obtain such letters only if the [paternity] parentage of the non-marital 51 child has been established pursuant to any of the provisions of subpara- 52 graph (2) of paragraph (a). 53 § 18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and 54 subdivision 4 of section 111-c of the social services law, subdivision 1 55 as added by chapter 685 of the laws of 1975, paragraph g of subdivision 56 2 as added by chapter 809 of the laws of 1985, subdivision 3 as amendedS. 7506--B 77 A. 9506--B 1 by chapter 398 of the laws of 1997, and subdivision 4 as added by chap- 2 ter 343 of the laws of 2009, are amended to read as follows: 3 1. Each social services district shall establish a single organiza- 4 tional unit which shall be responsible for such district's activities in 5 assisting the state in the location of absent parents, establishment of 6 [paternity] parentage and enforcement and collection of support in 7 accordance with the regulations of the department. 8 g. obtain from respondent, when appropriate and in accordance with the 9 procedures established by section one hundred eleven-k of this chapter, 10 an acknowledgement of [paternity] parentage or an agreement to make 11 support payments, or both; 12 3. Notwithstanding the foregoing, the social services official shall 13 not be required to establish the [paternity] parentage of any child born 14 out-of-wedlock, or to secure support for any child, with respect to whom 15 such official has determined that such actions would be detrimental to 16 the best interests of the child, in accordance with procedures and 17 criteria established by regulations of the department consistent with 18 federal law. 19 4. a. A social services district represents the interests of the 20 district in performing its functions and duties as provided in this 21 title and not the interests of any party. The interests of a district 22 shall include, but are not limited to, establishing [paternity] parent- 23 age, and establishing, modifying and enforcing child support orders. 24 b. Notwithstanding any other provision of law, the provision of child 25 support services pursuant to this title does not constitute nor create 26 an attorney-client relationship between the individual receiving 27 services and any attorney representing or appearing for the district. A 28 social services district shall provide notice to any individual request- 29 ing or receiving services that the attorney representing or appearing 30 for the district does not represent the individual and that the individ- 31 ual has a right to retain his or her own legal counsel. 32 c. A social services district may appear in any action to establish 33 [paternity] parentage, or to establish, modify, or enforce an order of 34 support when an individual is receiving services under this title. 35 § 19. Section 111-k of the social services law, as amended by chapter 36 398 of the laws of 1997, paragraphs (a) and (b) of subdivision 1 as 37 amended by chapter 214 of the laws of 1998, is amended to read as 38 follows: 39 § 111-k. Procedures relating to acknowledgments of [paternity] 40 parentage, agreements to support, and genetic tests. 1. A social 41 services official or his or her designated representative who confers 42 with a potential respondent or respondent, hereinafter referred to in 43 this section as the "respondent", the mother of a child born out of 44 wedlock and any other interested persons, pursuant to section one 45 hundred eleven-c of this title, may obtain: 46 (a) an acknowledgment of [paternity] parentage of a child, as provided 47 for in article five-B or section five hundred sixteen-a of the family 48 court act, by a written statement, witnessed by two people not related 49 to the signator or as provided for in section four thousand one hundred 50 thirty-five-b of the public health law. Prior to the execution of such 51 acknowledgment by the child's mother and the respondent, they shall be 52 advised, orally, which may be through the use of audio or video equip- 53 ment, and in writing, of the consequences of making such an acknowledg- 54 ment. Upon the signing of an acknowledgment of [paternity] parentage 55 pursuant to this section, the social services official or his or herS. 7506--B 78 A. 9506--B 1 representative shall file the original acknowledgment with the regist- 2 rar. 3 (b) an agreement to make support payments as provided in section four 4 hundred twenty-five of the family court act. Prior to the execution of 5 such agreement, the respondent shall be advised, orally, which may be 6 through the use of audio or video equipment, and in writing, of the 7 consequences of such agreement, that the respondent can be held liable 8 for support only if the family court, after a hearing, makes an order of 9 support; that respondent has a right to consult with an attorney and 10 that the agreement will be submitted to the family court for approval 11 pursuant to section four hundred twenty-five of the family court act; 12 and that by executing the agreement, the respondent waives any right to 13 a hearing regarding any matter contained in such agreement. 14 2. (a) When the paternity of a child is contested, a social services 15 official or designated representative may order the mother, the child, 16 and the alleged father to submit to one or more genetic marker or DNA 17 tests of a type generally acknowledged as reliable by an accreditation 18 body designated by the secretary of the federal department of health and 19 human services and performed by a laboratory approved by such an accred- 20 itation body and by the commissioner of health or by a duly qualified 21 physician to aid in the determination of whether or not the alleged 22 father is the father of the child. The order may be issued prior or 23 subsequent to the filing of a petition with the court to establish 24 paternity, shall be served on the parties by certified mail, and shall 25 include a sworn statement which either (i) alleges [paternity] parentage 26 and sets forth facts establishing a reasonable possibility of the requi- 27 site sexual contact between the parties, or (ii) denies [paternity] 28 parentage and sets forth facts establishing a reasonable possibility 29 that the party is not the father. The parties shall not be required to 30 submit to the administration and analysis of such tests if they sign a 31 voluntary acknowledgment of [paternity] parentage in accordance with 32 paragraph (a) of subdivision one of this section, or if there has been a 33 written finding by the court that it is not in the best interests of the 34 child on the basis of res judicata, equitable estoppel, the child was 35 conceived through assisted reproduction or the presumption of legitimacy 36 of a child born to a married [woman] person. 37 (b) The record or report of the results of any such genetic marker or 38 DNA test may be submitted to the family court as evidence pursuant to 39 subdivision (e) of rule forty-five hundred eighteen of the civil prac- 40 tice law and rules where no timely objection in writing has been made 41 thereto. 42 (c) The cost of any test ordered pursuant to this section shall be 43 paid by the social services district provided however, that the alleged 44 father shall reimburse the district for the cost of such test at such 45 time as the alleged father's [paternity] parentage is established by a 46 voluntary acknowledgment of [paternity] parentage or an order of filia- 47 tion. If either party contests the results of genetic marker or DNA 48 tests, an additional test may be ordered upon written request to the 49 social services district and advance payment by the requesting party. 50 (d) The parties shall be required to submit to such tests and appear 51 at any conference scheduled by the social services official or designee 52 to discuss the notice of the allegation of paternity or to discuss the 53 results of such tests. If the alleged [father] genetic parent fails to 54 appear at any such conference or fails to submit to such genetic marker 55 or DNA tests, the social services official or designee shall petition 56 the court to establish [paternity] parentage, provide the court with aS. 7506--B 79 A. 9506--B 1 copy of the records or reports of such tests if any, and request the 2 court to issue an order for temporary support pursuant to section five 3 hundred forty-two of the family court act. 4 3. Any reference to an acknowledgment of paternity in any law of this 5 state or any similar instrument signed in another state consistent with 6 the law of that state shall be interpreted to mean an acknowledgment of 7 parentage executed pursuant to this section, section four thousand one 8 hundred thirty-five-b of the public health law or signed in another 9 state consistent with the law of that state. 10 § 20. Subdivisions 1 and 2 of section 372-c of the social services 11 law, as amended by chapter 139 of the laws of 1979, are amended to read 12 as follows: 13 1. The department shall establish a putative father registry which 14 shall record the names and addresses of: (a) any person adjudicated by 15 a court of this state to be the [father] parent of a child born [out-of-16wedlock] out of wedlock; (b) any person who has filed with the registry 17 before or after the birth of a child [out-of-wedlock] out of wedlock, a 18 notice of intent to claim [paternity] parentage of the child; (c) any 19 person adjudicated by a court of another state or territory of the 20 United States to be the father of an [out-of-wedlock] out of wedlock 21 child, where a certified copy of the court order has been filed with the 22 registry by such person or any other person; (d) any person who has 23 filed with the registry an instrument acknowledging paternity pursuant 24 to section 4-1.2 of the estates, powers and trusts law. 25 2. A person filing a notice of intent to claim [paternity] parentage 26 of a child or an acknowledgement of paternity shall include therein his 27 current address and shall notify the registry of any change of address 28 pursuant to procedures prescribed by regulations of the department. 29 § 21. Subdivision (a) of section 439 of the family court act, as 30 amended by section 1 of chapter 468 of the laws of 2012, is amended to 31 read as follows: 32 (a) The chief administrator of the courts shall provide, in accordance 33 with subdivision (f) of this section, for the appointment of a suffi- 34 cient number of support magistrates to hear and determine support 35 proceedings. Except as hereinafter provided, support magistrates shall 36 be empowered to hear, determine and grant any relief within the powers 37 of the court in any proceeding under this article, articles five, 38 five-A, [and] five-B and five-C and sections two hundred thirty-four and 39 two hundred thirty-five of this act, and objections raised pursuant to 40 section five thousand two hundred forty-one of the civil practice law 41 and rules. Support magistrates shall not be empowered to hear, determine 42 and grant any relief with respect to issues specified in section four 43 hundred fifty-five of this article, issues of contested [paternity] 44 parentage involving claims of equitable estoppel, custody, visitation 45 including visitation as a defense, determinations of parentage made 46 pursuant to section 581-407 of this act, and orders of protection or 47 exclusive possession of the home, which shall be referred to a judge as 48 provided in subdivision (b) or (c) of this section. Where an order of 49 filiation is issued by a judge in a paternity proceeding and child 50 support is in issue, the judge, or support magistrate upon referral from 51 the judge, shall be authorized to immediately make a temporary or final 52 order of support, as applicable. A support magistrate shall have the 53 authority to hear and decide motions and issue summonses and subpoenas 54 to produce persons pursuant to section one hundred fifty-three of this 55 act, hear and decide proceedings and issue any order authorized by 56 subdivision (g) of section five thousand two hundred forty-one of theS. 7506--B 80 A. 9506--B 1 civil practice law and rules, issue subpoenas to produce prisoners 2 pursuant to section two thousand three hundred two of the civil practice 3 law and rules and make a determination that any person before the 4 support magistrate is in violation of an order of the court as author- 5 ized by section one hundred fifty-six of this act subject to confirma- 6 tion by a judge of the court who shall impose any punishment for such 7 violation as provided by law. A determination by a support magistrate 8 that a person is in willful violation of an order under subdivision 9 three of section four hundred fifty-four of this article and that recom- 10 mends commitment shall be transmitted to the parties, accompanied by 11 findings of fact, but the determination shall have no force and effect 12 until confirmed by a judge of the court. 13 § 22. Subparagraph (D) of paragraph 17 of subsection (a) of section 14 1113 of the insurance law, as amended by chapter 551 of the laws of 15 1997, is amended to read as follows: 16 (D) (i)(I) Indemnifying an adoptive parent for verifiable expenses not 17 prohibited under the law paid to or on behalf of the birth mother when 18 either one or both of the birth parents of the child withdraw or with- 19 hold their consent to adoption. Such expenses may include maternity-con- 20 nected medical or hospital expenses of the birth mother, necessary 21 living expenses of the birth mother preceding and during confinement, 22 travel expenses of the birth mother to arrange for the adoption of the 23 child, legal fees of the birth mother, and any other expenses [which] 24 that an adoptive parent may lawfully pay to or on behalf of the birth 25 mother[.]; or (II) Indemnifying an intended parent for financial loss 26 incurred as a result of the failure by the person acting as surrogate to 27 perform under the surrogacy contract due to death, bodily injury, sick- 28 ness, disappearance of the person acting as surrogate, late miscarriage, 29 or stillbirth. Such financial loss shall include medical and hospital 30 expenses, insurance co-payments, deductibles, and coinsurance, necessary 31 living expenses of the person acting as surrogate during the term of the 32 surrogacy contract, travel expenses to arrange for the surrogacy, legal 33 fees of the person acting as surrogate, and any other expenses that an 34 intended parent may lawfully pay to or on behalf of the person acting as 35 surrogate; and (ii) For the purposes of this [section] subparagraph 36 "adoptive parent" means the parent or his or her spouse seeking to adopt 37 a child, "birth mother" means the biological mother of the child, "birth 38 parent" means the biological mother or biological father of the child, 39 and the terms "donor", "intended parent", person acting as surrogate", 40 and "surrogacy agreement" shall have the meaning set forth in section 41 581-102 of the family court act; or 42 § 23. Paragraph 32 of subsection (a) of section 1113 of the insurance 43 law, as renumbered by chapter 626 of the laws of 2006, is renumbered 44 paragraph 33 and a new paragraph 32 is added to read as follows: 45 (32) "Donor medical expense insurance" means insurance indemnifying an 46 intended parent for medical or hospital expenses that the intended 47 parent is contractually obligated to pay under a donor agreement when 48 the expenses result from medical complications that occur as a result of 49 the donation of gametes. For the purpose of this paragraph, "donor", 50 "gametes" and "intended parent" shall have the meaning set forth in 51 section 581-102 of the family court act. 52 § 24. Subsection (a) of section 2105 of the insurance law, as amended 53 by section 9 of part I of chapter 61 of the laws of 2011, is amended to 54 read as follows: 55 (a) The superintendent may issue an excess line broker's license to 56 any person, firm, association or corporation who or which is licensed asS. 7506--B 81 A. 9506--B 1 an insurance broker under section two thousand one hundred four of this 2 article, or who or which is licensed as an excess line broker in the 3 licensee's home state, provided, however, that the applicant's home 4 state grants non-resident licenses to residents of this state on the 5 same basis, except that reciprocity is not required in regard to the 6 placement of liability insurance on behalf of a purchasing group or any 7 of its members; authorizing such person, firm, association or corpo- 8 ration to procure, subject to the restrictions herein provided, policies 9 of insurance from insurers which are not authorized to transact business 10 in this state of the kind or kinds of insurance specified in paragraphs 11 four through fourteen, sixteen, seventeen, nineteen, twenty, twenty-two, 12 twenty-seven, twenty-eight [and], thirty-one, and thirty-two of 13 subsection (a) of section one thousand one hundred thirteen of this 14 chapter and in subsection (h) of this section, provided, however, that 15 the provisions of this section and section two thousand one hundred 16 eighteen of this article shall not apply to ocean marine insurance and 17 other contracts of insurance enumerated in subsections (b) and (c) of 18 section two thousand one hundred seventeen of this article. Such license 19 may be suspended or revoked by the superintendent whenever in his or her 20 judgment such suspension or revocation will best promote the interests 21 of the people of this state. 22 § 25. Subsection (b) of section 4101 of the insurance law, as amended 23 by chapter 626 of the laws of 2006, is amended to read as follows: 24 (b) "Non-basic kinds of insurance" means the kinds of insurance 25 described in the following paragraphs of subsection (a) of section one 26 thousand one hundred thirteen of this chapter numbered therein as set 27 forth in parentheses below: 28 accident and health (item (i) of (3)); 29 non-cancellable disability (item (ii) of (3)); 30 miscellaneous property (5); 31 water damage (6); 32 collision (12); 33 property damage liability (14) - non-basic as to mutual companies 34 only; 35 motor vehicle and aircraft physical damage (19); 36 inland marine as specified in marine and inland marine (20); 37 marine protection and indemnity (21) - non-basic as to stock companies 38 only; 39 residual value (22); 40 credit unemployment (24); 41 gap (26); 42 prize indemnification (27); 43 service contract reimbursement (28); 44 legal services insurance (29); 45 involuntary unemployment insurance (30); 46 salary protection insurance (31); 47 donor medical expense insurance (32). 48 § 26. Group A of table one as contained in paragraph 1 of subsection 49 (a) of section 4103 of the insurance law, as amended by chapter 626 of 50 the laws of 2006, is amended to read as follows: 51 Group A: 52 7 $300,000 $150,000 53 8, 9, 10, 11, or 14 - for each such kind $100,000 $ 50,000 54 13 or 15 - for each such kind $500,000 $250,000 55 16 $900,000 $450,000S. 7506--B 82 A. 9506--B 1 17 $400,000 $200,000 2 Basic additional amount 3 required for any one 4 or more of the above 5 kinds of insurance $100,000 $ 50,000 6 3(i), 3(ii), 6{1} or 12{2} - for each 7 such kind $100,000 $ 50,000 8 22 $2,000,000 $1,000,000 9 24 $400,000 $200,000 10 26(B) $200,000 $100,000 11 26(A), 26(C) or 26(D) - 12 for each such kind $600,000 $300,000 13 27 $300,000 $150,000 14 28 $2,000,000 $1,000,000 15 30 $400,000 $200,000 16 31 $100,000 $ 50,000 17 32 $100,000 $ 50,000 18 § 27. Group C of table three as contained in subsection (b) of section 19 4107 of the insurance law, as amended by chapter 626 of the laws of 20 2006, is amended to read as follows: 21 Group C: 22 3(i) or 3(ii) - for each such kind $ 100,000 $ 100,000 23 22 $3,000,000 $2,000,000 24 24 $ 300,000 $ 300,000 25 26 (B) $ 300,000 $ 200,000 26 26(A), 26(C) or 26(D) - 27 for each such kind $ 900,000 $ 600,000 28 28 $3,000,000 $2,000,000 29 6{5}, 12{6} or 14{2} - for 30 each such kind $ 50,000 $ 50,000 31 27 $ 300,000 $ 150,000 32 30 $ 300,000 $ 300,000 33 31 $ 100,000 $ 100,000 34 32 $ 100,000 $ 100,000 35 § 28. Section 4-1.3 of the estates, powers and trust law, as added by 36 chapter 439 of the laws of 2014, is amended to read as follows: 37 § 4-1.3 Inheritance by children conceived after the death of [a genetic] 38 an intended parent 39 (a) When used in this article, unless the context or subject matter 40 manifestly requires a different interpretation: 41 (1) ["Genetic parent" shall mean a man who provides sperm or a woman42who provides ova used to conceive a child after the death of the man or43woman.44(2)] "Genetic material" shall mean sperm or ova provided by a genetic 45 parent. 46 [(3) "Genetic child" shall mean a child of the sperm or ova provided47by a genetic parent, but only if and when such child is born.] 48 (2) "Child" shall mean a child conceived through assisted reprod- 49 uction. 50 (3) "Intended parent" shall have the same meaning as defined in 51 section 581-102 of the family court act. 52 (b) For purposes of this article, a genetic child is the child of his 53 or her [genetic] intended parent or parents and, notwithstanding para- 54 graph (c) of section 4-1.1 of this part, is a distributee of his or her 55 [genetic] intended parent or parents and, notwithstanding subparagraphS. 7506--B 83 A. 9506--B 1 (2) of paragraph (a) of section 2-1.3 of this chapter, is included in 2 any disposition of property to persons described in any instrument of 3 which [a genetic] an intended parent of the genetic child was the crea- 4 tor as the issue, children, descendants, heirs, heirs at law, next of 5 kin, distributees (or by any term of like import) of the creator if it 6 is established that: 7 (1) the [genetic] intended parent in a written instrument executed 8 pursuant to the provisions of this section not more than seven years 9 before the death of the [genetic] intended parent[:10(A)] expressly consented [to the use of his or her genetic material to11posthumously conceive his or her genetic child, and12(B)] that if assisted reproduction were to occur after the death of 13 the intended parent, the deceased individual would be a parent of the 14 child; and 15 (2) the child was in utero no later than twenty-four months after the 16 intended parent's death or born no later than thirty-three months after 17 the intended parent's death. 18 (c) If the child was conceived using the genetic material of the 19 intended parent, it must further be established that: 20 (1) the intended parent in a written instrument executed pursuant to 21 the provisions of this section not more than seven years before the 22 death of the intended parent authorized a person to make decisions about 23 the use of the [genetic] intended parent's genetic material after the 24 death of the [genetic] intended parent; 25 (2) the person authorized in the written instrument to make decisions 26 about the use of the [genetic] intended parent's genetic material gave 27 written notice, by certified mail, return receipt requested, or by 28 personal delivery, that the [genetic] intended parent's genetic material 29 was available for the purpose of conceiving a [genetic] child of the 30 [genetic] intended parent, and such written notice was given; 31 (A) within seven months from the date of the issuance of letters 32 testamentary or of administration on the estate of the [genetic] 33 intended parent, as the case may be, to the person to whom such letters 34 have issued, or, if no letters have been issued within four months of 35 the death of the [genetic] intended parent, and 36 (B) within seven months of the death of the [genetic] intended parent 37 to a distributee of the [genetic] intended parent; and 38 (3) the person authorized in the written instrument to make decisions 39 about the use of the [genetic] intended parent's genetic material 40 recorded the written instrument within seven months of the [genetic] 41 intended parent's death in the office of the surrogate granting letters 42 on the [genetic] intended parent's estate, or, if no such letters have 43 been granted, in the office of the surrogate having jurisdiction to 44 grant them[; and45(4) the genetic child was in utero no later than twenty-four months46after the genetic parent's death or born no later than thirty-three47months after the genetic parent's death]. 48 [(c)] (d) The written instrument referred to in subparagraph (1) of 49 paragraph (b) of this section and subparagraph (1) of paragraph (c) of 50 this section: 51 (1) must be signed by the [genetic] intended parent in the presence of 52 two witnesses who also sign the instrument referred to in subparagraph 53 (1) of paragraph (c) of this section, both of whom are at least eighteen 54 years of age and neither of whom is a person authorized under the 55 instrument to make decisions about the use of the [genetic] intended 56 parent's genetic material;S. 7506--B 84 A. 9506--B 1 (2) may be revoked only by a written instrument signed by the [genet-2ic] intended parent and executed in the same manner as the instrument it 3 revokes; 4 (3) may not be altered or revoked by a provision in the will of the 5 [genetic] intended parent; 6 (4) an instrument referred to in subparagraph (1) of paragraph (c) of 7 this section may authorize an alternate to make decisions about the use 8 of the [genetic] intended parent's genetic material if the first person 9 so designated dies before the [genetic] intended parent or is unable to 10 exercise the authority granted; [and] 11 (5) an instrument referred to in subparagraph (1) of paragraph (b) of 12 this section may be substantially in the following form and must be 13 signed and dated by the intended parent and properly witnessed: 14 I, ____________________________________________________________________, 15 (Your name and address) 16 consent to the use of assisted reproduction to conceive a child or chil- 17 dren of mine after my death. I understand that, unless I revoke this 18 consent and authorization in a written document signed by me in the 19 presence of two witnesses who also sign the document, this consent and 20 authorization will remain in effect for seven years from this day and 21 that I cannot revoke or modify this consent and designation by any 22 provision in my will. 23 Signed this day of , 24 _____________________________________________ 25 (Your signature) 26 Statement of witnesses: 27 I declare that the person who signed this document is personally known 28 to me and appears to be of sound mind and acting willingly and free from 29 duress. He or she signed this document in my presence. I am not the 30 person authorized in this document to control the use of the genetic 31 material of the person who signed this document. 32 Witness: 33 Address: 34 Date: 35 Witness: 36 Address: 37 Date: 38 (6) may be substantially in the following form and must be signed and 39 dated by the [genetic] intended parent and properly witnessed: 40 I, ____________________________________________________________________, 41 (Your name and address) 42 consent to the use of my (sperm or ova) (referred to below as my "genet- 43 ic material") to conceive a child or children of mine after my death, 44 and I authorize ________________________________________________________________________ 45 (Name and address of person) 46 to decide whether and how my genetic material is to be used to conceive 47 a child or children of mine after my death. In the event that theS. 7506--B 85 A. 9506--B 1 person authorized above dies before me or is unable to exercise the 2 authority granted I designate ________________________________________________________________________ 3 (Name and address of person) 4 to decide whether and how my genetic material is to be used to conceive 5 a child or children of mine after my death. I understand that, unless I 6 revoke this consent and authorization in a written document signed by me 7 in the presence of two witnesses who also sign the document, this 8 consent and authorization will remain in effect for seven years from 9 this day and that I cannot revoke or modify this consent and designation 10 by any provision in my will. 11 Signed this day of , 12 _____________________________________________ 13 (Your signature) 14 Statement of witnesses: 15 I declare that the person who signed this document is personally known 16 to me and appears to be of sound mind and acting willingly and free from 17 duress. He or she signed this document in my presence. I am not the 18 person authorized in this document to control the use of the genetic 19 material of the person who signed this document. 20 Witness: 21 Address: 22 Date: 23 Witness: 24 Address: 25 Date: 26 [(d)] (e) Any authority granted in a written instrument authorized by 27 this section to a person who is the spouse of the [genetic] intended 28 parent at the time of execution of the written instrument is revoked by 29 a final decree or judgment of divorce or annulment, or a final decree, 30 judgment or order declaring the nullity of the marriage between the 31 [genetic] intended parent and the spouse or dissolving such marriage on 32 the ground of absence, recognized as valid under the law of this state, 33 or a final decree or judgment of separation, recognized as valid under 34 the law of this state, which was rendered against the spouse. 35 [(e)] (f) Process shall not issue to a [genetic] child who is a 36 distributee of [a genetic] an intended parent under sections one thou- 37 sand three and one thousand four hundred three of the surrogate's court 38 procedure act unless the child is in being at the time process issues. 39 [(f)] (g) Except as provided in paragraph (b) of this section with 40 regard to any disposition of property in any instrument of which the 41 [genetic] intended parent of a [genetic] child is the creator, for 42 purposes of section 2-1.3 of this chapter a [genetic] child who is enti- 43 tled to inherit from [a genetic] an intended parent under this section 44 is a child of the [genetic] intended parent for purposes of a disposi- 45 tion of property to persons described in any instrument as the issue, 46 children, descendants, heirs, heirs at law, next of kin, distributees 47 (or by any term of like import) of the creator or of another. This para- 48 graph shall apply to the wills of persons dying on or after September 49 first, two thousand fourteen, to lifetime instruments theretofore 50 executed which on said date are subject to the grantor's power to revoke 51 or amend, and to all lifetime instruments executed on or after such 52 date.S. 7506--B 86 A. 9506--B 1 [(g)] (h) For purposes of section 3-3.3 of this chapter the terms 2 "issue", "surviving issue" and "issue surviving" include a [genetic] 3 child if he or she is entitled to inherit from his or her [genetic] 4 intended parent under this section. 5 [(h)] (i) Where the validity of a disposition under the rule against 6 perpetuities depends on the ability of a person to have a child at some 7 future time, the possibility that such person may have a [genetic] child 8 conceived using assisted reproduction shall be disregarded. This 9 provision shall not apply for any purpose other than that of determining 10 the validity of a disposition under the rule against perpetuities where 11 such validity depends on the ability of a person to have a child at some 12 future time. A determination of validity or invalidity of a disposition 13 under the rule against perpetuities by the application of this provision 14 shall not be affected by the later birth of a [genetic] child conceived 15 using assisted reproduction disregarded under this provision. 16 [(i)] (j) The use of a genetic material after the death of the person 17 providing such material is subject exclusively to the provisions of this 18 section and to any valid and binding contractual agreement between such 19 person and the facility providing storage of the genetic material and 20 may not be the subject of a disposition in an instrument created by the 21 person providing such material or by any other person. 22 § 29. This act shall take effect February 15, 2021, provided, however, 23 that the amendments to subdivision (a) of section 439 of the family 24 court act made by section twenty-one of this act shall not affect the 25 expiration of such subdivision and shall be deemed to expire therewith. 26 Effective immediately, the addition, amendment and/or repeal of any rule 27 or regulation necessary for the implementation of this act on its effec- 28 tive date are authorized to be made and completed on or before such 29 effective date. 30 PART M 31 Intentionally Omitted 32 PART N 33 Section 1. Subdivision 10 of section 153 of the social services law, 34 as amended by section 1 of subpart B of part K of chapter 56 of the laws 35 of 2017, is amended to read as follows: 36 10. Expenditures made by a social services district for the mainte- 37 nance of children with disabilities, placed by school districts, pursu- 38 ant to section forty-four hundred five of the education law shall, if 39 approved by the office of children and family services, be subject to 40 [eighteen and four hundred twenty-four thousandths percent reimbursement41by the state and thirty-eight and four hundred twenty-four thousandths42percent reimbursement by school districts, except for social services43districts located within a city with a population of one million or44more, where such expenditures shall be subject to] fifty-six and eight 45 hundred forty-eight thousandths percent reimbursement by the school 46 district, in accordance with paragraph c of subdivision one of section 47 forty-four hundred five of the education law, after first deducting 48 therefrom any federal funds received or to be received on account of 49 such expenditures, except that in the case of a student attending a 50 state-operated school for the deaf or blind pursuant to article eighty- 51 seven or eighty-eight of the education law who was not placed in such 52 school by a school district such expenditures shall be subject to fiftyS. 7506--B 87 A. 9506--B 1 percent reimbursement by the [state] school district after first deduct- 2 ing therefrom any federal funds received or to be received on account of 3 such expenditures [and there shall be no reimbursement by school4districts]. Such expenditures shall not be subject to the limitations 5 on state reimbursement contained in subdivision two of section one 6 hundred fifty-three-k of this title. In the event of the failure of the 7 school district to make the maintenance payment pursuant to the 8 provisions of this subdivision, the state comptroller shall withhold 9 state reimbursement to any such school district in an amount equal to 10 the unpaid obligation for maintenance and pay over such sum to the 11 social services district upon certification of the commissioner of the 12 office of children and family services and the commissioner of education 13 that such funds are overdue and owed by such school district. The 14 commissioner of the office of children and family services, in consulta- 15 tion with the commissioner of education, shall promulgate regulations to 16 implement the provisions of this subdivision. 17 § 2. Paragraph b of subdivision 1 of section 4405 of the education law 18 is REPEALED. 19 § 3. This act shall take effect immediately and shall expire and be 20 deemed repealed April 1, 2021; provided however that the amendments to 21 subdivision 10 of section 153 of the social services law made by section 22 one of this act, shall not affect the expiration of such subdivision and 23 shall be deemed to expire therewith. 24 PART O 25 Intentionally Omitted 26 PART P 27 Section 1. The education law is amended by adding a new section 363 to 28 read as follows: 29 § 363. Curing Alzheimer's health consortium. 1. There is hereby estab- 30 lished within the state university of New York the curing Alzheimer's 31 health consortium. The consortium shall have as its purpose to identify 32 genes that predict an increased risk for developing the disease, collab- 33 orating with research institutions within the state university of New 34 York system, and the department of health, in research projects and 35 studies to identify opportunities to develop new therapeutic treatment 36 and cures for Alzheimer's. 37 2. The state university of New York shall issue a request for 38 proposals to partner with hospitals both within the state university of 39 New York and other not-for-profit article twenty-eight of the public 40 health law hospitals and non-profit higher education research insti- 41 tutions to map the genomes of individuals suffering from or at risk of 42 Alzheimer's. 43 § 2. This act shall take effect immediately. 44 PART Q 45 Section 1. Subdivisions 5 and 6 of section 6456 of the education law, 46 as amended by section 1 of part U of chapter 54 of the laws of 2016 and 47 paragraph e of subdivision 5 as amended by section 1 of part BB of chap- 48 ter 56 of the laws of 2019, are amended to read as follows: 49 5. Moneys made available to institutions under this section shall be 50 spent for the following purposes:S. 7506--B 88 A. 9506--B 1 a. to provide additional services and expenses to expand opportunities 2 through existing postsecondary opportunity programs at the state univer- 3 sity of New York, the city university of New York, and other degree- 4 granting higher education institutions for foster youth; 5 b. to provide any necessary supplemental financial aid for foster 6 youth, which may include the cost of tuition and fees, books, transpor- 7 tation, housing and other expenses as determined by the commissioner to 8 be necessary for such foster youth to attend college; 9 c. summer college preparation programs to help foster youth transition 10 to college, prepare them to navigate on-campus systems, and provide 11 preparation in reading, writing, and mathematics for foster youth who 12 need it; [or] 13 d. advisement, tutoring, and academic assistance for foster youth[.]; 14 e. to provide supplemental housing and meals, including but not limit- 15 ed to during intersession and summer breaks, for foster youth[.]; or 16 f. medical expenses including, but not limited to, primary care, 17 behavioral health, vision and dental care which is not otherwise covered 18 by an eligible student's health plan. 19 6. Eligible institutions shall file an application for approval by the 20 commissioner [no later than the first of May] each year demonstrating a 21 need for such funding, including how the funding would be used and how 22 many foster youth would be assisted with such funding. Successful appli- 23 cants will be funded as provided in subdivision four of this section. 24 § 2. This act shall take effect immediately. 25 PART R 26 Section 1. Subdivisions 6 and 7 of section 412 of the social services 27 law, as added by chapter 1039 of the laws of 1973 and as renumbered by 28 chapter 323 of the laws of 2008, are amended to read as follows: 29 6. An "unfounded report" means any report made pursuant to this title 30 unless an investigation: (i) commenced on or before December thirty- 31 first, two thousand twenty-one determines that some credible evidence of 32 the alleged abuse or maltreatment exists; or (ii) commenced on or after 33 January first, two thousand twenty-two determines that a fair preponder- 34 ance of the evidence of the alleged abuse or maltreatment exists; 35 7. An "indicated report" means a report made pursuant to this title if 36 an investigation: (i) commenced on or before December thirty-first, two 37 thousand twenty-one determines that some credible evidence of the 38 alleged abuse or maltreatment exists[.]; or (ii) commenced on or after 39 January first, two thousand twenty-two determines that a fair preponder- 40 ance of the evidence of the alleged abuse or maltreatment exists; 41 § 2. Paragraph (c) of subdivision 2 of section 421 of the social 42 services law, as amended by chapter 718 of the laws of 1986, is amended 43 to read as follows: 44 (c) issue guidelines to assist local child protective services in the 45 interpretation and assessment of reports of abuse and maltreatment made 46 to the statewide central register described in section four hundred 47 twenty-two of this article. Such guidelines shall include information, 48 standards and criteria for the identification of [credible] evidence of 49 alleged abuse and maltreatment as required to determine whether a report 50 may be indicated pursuant to this article. 51 § 3. The opening paragraph of paragraph (a) of subdivision 5 of 52 section 422 of the social services law, as amended by section 7 of part 53 D of chapter 501 of the laws of 2012, is amended to read as follows:S. 7506--B 89 A. 9506--B 1 Unless an investigation of a report conducted pursuant to this title 2 that is commenced on or before December thirty-first, two thousand twen- 3 ty-one determines that there is some credible evidence of the alleged 4 abuse or maltreatment or unless an investigation of a report conducted 5 pursuant to this title that is commenced on or after January first, two 6 thousand twenty-two determines that there is a fair preponderance of the 7 evidence that the alleged abuse or maltreatment occurred, all informa- 8 tion identifying the subjects of the report and other persons named in 9 the report shall be legally sealed forthwith by the central register and 10 any local child protective services [or the state agency] which investi- 11 gated the report. Such unfounded reports may only be unsealed and made 12 available: 13 § 4. Paragraph (c) of subdivision 5 of section 422 of the social 14 services law, as added by chapter 555 of the laws of 2000, is amended to 15 read as follows: 16 (c) Notwithstanding any other provision of law, the office of children 17 and family services may, in its discretion, grant a request to expunge 18 an unfounded report where: (i) the source of the report was convicted of 19 a violation of subdivision three of section 240.55 of the penal law in 20 regard to such report; or (ii) the subject of the report presents clear 21 and convincing evidence that affirmatively refutes the allegation of 22 abuse or maltreatment; provided however, that the absence of [credible] 23 a fair preponderance of the evidence supporting the allegation of abuse 24 or maltreatment shall not be the sole basis to expunge the report. Noth- 25 ing in this paragraph shall require the office of children and family 26 services to hold an administrative hearing in deciding whether to 27 expunge a report. Such office shall make its determination upon review- 28 ing the written evidence submitted by the subject of the report and any 29 records or information obtained from the state or local agency which 30 investigated the allegations of abuse or maltreatment. 31 § 5. Subparagraphs (ii), (iii), (iv) and (v) of paragraph (a) of 32 subdivision 8 of section 422 of the social services law, subparagraph 33 (ii) as amended by chapter 323 of the laws of 2008 and subparagraphs 34 (iii), (iv) and (v) as amended by chapter 12 of the laws of 1996, are 35 amended to read as follows: 36 (ii) Upon receipt of a request to amend the record of a child abuse 37 and maltreatment report the office of children and family services shall 38 immediately send a written request to the child protective service [or39the state agency] which was responsible for investigating the allega- 40 tions of abuse or maltreatment for all records, reports and other infor- 41 mation maintained by the service [or state agency] pertaining to such 42 indicated report. Where a proceeding pursuant to article ten of the 43 family court act based on the same allegations that were indicated is 44 pending, the request to amend shall be stayed until the disposition of 45 such family court proceeding. The service [or state agency] shall as 46 expeditiously as possible but within no more than twenty working days of 47 receiving such request, forward all records, reports and other informa- 48 tion it maintains on such indicated report to the office of children and 49 family services, including a copy of any petition or court order based 50 on the allegations that were indicated. [The] Unless such request to 51 amend has been stayed, the office of children and family services shall 52 as expeditiously as possible but within no more than fifteen working 53 days of receiving such materials from the child protective service or 54 state agency, review all such materials in its possession concerning the 55 indicated report and determine, after affording such service [or state56agency] a reasonable opportunity to present its views, whether there isS. 7506--B 90 A. 9506--B 1 a fair preponderance of the evidence to find that the subject committed 2 the act or acts of child abuse or maltreatment giving rise to the indi- 3 cated report and whether, based on guidelines developed by the office of 4 children and family services pursuant to subdivision five of section 5 four hundred twenty-four-a of this title, such act or acts could be 6 relevant and reasonably related to employment of the subject of the 7 report by a provider agency, as defined by subdivision three of section 8 four hundred twenty-four-a of this title, or relevant and reasonably 9 related to the subject of the report being allowed to have regular and 10 substantial contact with children who are cared for by a provider agen- 11 cy, or relevant and reasonably related to the approval or disapproval of 12 an application submitted by the subject of the report to a licensing 13 agency, as defined by subdivision four of section four hundred twenty- 14 four-a of this title. 15 (iii) If it is determined at the review held pursuant to this para- 16 graph [(a)] that there is [no credible] not a fair preponderance of the 17 evidence in the record to find that the subject committed an act or acts 18 of child abuse or maltreatment, the [department] office of children and 19 family services shall amend the record to indicate that the report is 20 "unfounded" and notify the subject forthwith. 21 (iv) If it is determined at the review held pursuant to this paragraph 22 [(a)] that there is [some credible] a fair preponderance of the evidence 23 in the record to find that the subject committed such act or acts but 24 that such act or acts could not be relevant and reasonably related to 25 the employment of the subject by a provider agency or to the subject 26 being allowed to have regular and substantial contact with children who 27 are cared for by a provider agency or the approval or disapproval of an 28 application which could be submitted by the subject to a licensing agen- 29 cy, the [department] office of children and family services shall be 30 precluded from informing a provider or licensing agency which makes an 31 inquiry to [the department] such office pursuant to the provisions of 32 section four hundred twenty-four-a of this title concerning the subject 33 that the person about whom the inquiry is made is the subject of an 34 indicated report of child abuse or maltreatment. The [department] office 35 of children and family services shall notify forthwith the subject of 36 the report of such determinations and that a fair hearing has been sche- 37 duled pursuant to paragraph (b) of this subdivision. The sole issue at 38 such hearing shall be whether the subject has been shown by [some credi-39ble] a fair preponderance of the evidence to have committed the act or 40 acts of child abuse or maltreatment giving rise to the indicated report. 41 (v) If it is determined at the review held pursuant to this paragraph 42 [(a)] that there is [some credible] a fair preponderance of the evidence 43 in the record to prove that the subject committed an act or acts of 44 child abuse or maltreatment and that such act or acts could be relevant 45 and reasonably related to the employment of the subject by a provider 46 agency or to the subject being allowed to have regular and substantial 47 contact with children cared for by a provider agency or the approval or 48 disapproval of an application which could be submitted by the subject to 49 a licensing agency, the [department] office of children and family 50 services shall notify forthwith the subject of the report of such deter- 51 minations and that a fair hearing has been scheduled pursuant to para- 52 graph (b) of this subdivision. 53 § 6. Subparagraph (ii) of paragraph (b) of subdivision 8 of section 54 422 of the social services law, as amended by chapter 12 of the laws of 55 1996, is amended to read as follows:S. 7506--B 91 A. 9506--B 1 (ii) The burden of proof in such a hearing shall be on the child 2 protective service [or the state agency] which investigated the report[,3as the case may be]. In such a hearing, [the fact that there is] where 4 a family court [finding of] proceeding pursuant to article ten of the 5 family court act has occurred and where the petition for such proceeding 6 alleges that a respondent in that proceeding committed abuse or neglect 7 against the subject child in regard to an allegation contained in [the] 8 a report indicated pursuant to this section: (A) where the court finds 9 that such respondent did commit abuse or neglect there shall [create] be 10 an irrebuttable presumption in a fair hearing held pursuant to this 11 subdivision that said allegation is substantiated by [some credible] a 12 fair preponderance of the evidence as to that respondent on that allega- 13 tion; and (B) where such child protective service withdraws such peti- 14 tion with prejudice, where the family court dismisses such petition, or 15 where the family court finds on the merits in favor of the respondent, 16 there shall be an irrebuttable presumption in a fair hearing held pursu- 17 ant to this subdivision that said allegation as to that respondent has 18 not been proven by a fair preponderance of the evidence. 19 § 7. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 8 of 20 section 422 of the social services law, as amended by chapter 12 of the 21 laws of 1996, and the opening paragraph of subparagraph (ii) as amended 22 by chapter 323 of the laws of 2008, are amended to read as follows: 23 (i) If it is determined at the fair hearing that there is [no credi-24ble] not a fair preponderance of the evidence in the record to find that 25 the subject committed an act or acts of child abuse or maltreatment, the 26 [department] office of children and family services shall amend the 27 record to reflect that such a finding was made at the administrative 28 hearing, order any child protective service [or state agency] which 29 investigated the report to similarly amend its records of the report, 30 and shall notify the subject forthwith of the determination. 31 (ii) Upon a determination made at a fair hearing [held on or after32January first, nineteen hundred eighty-six] scheduled pursuant to the 33 provisions of subparagraph (v) of paragraph (a) of this subdivision that 34 the subject has been shown by a fair preponderance of the evidence to 35 have committed the act or acts of child abuse or maltreatment giving 36 rise to the indicated report, the hearing officer shall determine, based 37 on guidelines developed by the office of children and family services 38 pursuant to subdivision five of section four hundred twenty-four-a of 39 this title, whether such act or acts are relevant and reasonably related 40 to employment of the subject by a provider agency, as defined by subdi- 41 vision three of section four hundred twenty-four-a of this title, or 42 relevant and reasonably related to the subject being allowed to have 43 regular and substantial contact with children who are cared for by a 44 provider agency or relevant and reasonably related to the approval or 45 disapproval of an application submitted by the subject to a licensing 46 agency, as defined by subdivision four of section four hundred twenty- 47 four-a of this title. 48 Upon a determination made at a fair hearing that the act or acts of 49 abuse or maltreatment are relevant and reasonably related to employment 50 of the subject by a provider agency or the subject being allowed to have 51 regular and substantial contact with children who are cared for by a 52 provider agency or the approval or denial of an application submitted by 53 the subject to a licensing agency, the [department] office of children 54 and family services shall notify the subject forthwith. The [department] 55 office of children and family services shall inform a provider or 56 licensing agency which makes an inquiry to [the department] such officeS. 7506--B 92 A. 9506--B 1 pursuant to the provisions of section four hundred twenty-four-a of this 2 title concerning the subject that the person about whom the inquiry is 3 made is the subject of an indicated child abuse or maltreatment report. 4 The failure to determine at the fair hearing that the act or acts of 5 abuse and maltreatment are relevant and reasonably related to the 6 employment of the subject by a provider agency or to the subject being 7 allowed to have regular and substantial contact with children who are 8 cared for by a provider agency or the approval or denial of an applica- 9 tion submitted by the subject to a licensing agency shall preclude the 10 [department] office of children and family services from informing a 11 provider or licensing agency which makes an inquiry to [the department] 12 such office pursuant to the provisions of section four hundred twenty- 13 four-a of this title concerning the subject that the person about whom 14 the inquiry is made is the subject of an indicated child abuse or 15 maltreatment report. 16 § 8. Paragraph (e) of subdivision 8 of section 422 of the social 17 services law, as added by chapter 12 of the laws of 1996, is amended to 18 read as follows: 19 (e) Should the [department] office of children and family services 20 grant the request of the subject of the report pursuant to this subdivi- 21 sion either through an administrative review or fair hearing to amend an 22 indicated report to an unfounded report[. Such], such report shall be 23 legally sealed and shall be released and expunged in accordance with the 24 standards set forth in subdivision five of this section. 25 § 9. Paragraph (e) of subdivision 1 of section 424-a of the social 26 services law, as amended by chapter 634 of the laws of 1988, subpara- 27 graphs (i), (ii) and (iii) as amended by chapter 12 of the laws of 1996, 28 and subparagraph (iv) as amended by section 8-a of part D of chapter 501 29 of the laws of 2012, is amended to read as follows: 30 (e) (i) Subject to the provisions of subparagraph (ii) of this para- 31 graph, the [department] office of children and family services shall 32 inform the provider or licensing agency, or child care resource and 33 referral programs pursuant to subdivision six of this section whether or 34 not the person is the subject of an indicated child abuse and maltreat- 35 ment report only if: 36 [(a)] (A) (I) the time for the subject of the report to request an 37 amendment of the record of the report pursuant to subdivision eight of 38 section four hundred twenty-two has expired without any such request 39 having been made; or 40 [(b)](II) such request was made within such time and a fair hearing 41 regarding the request has been finally determined by the commissioner 42 and the record of the report has not been amended to unfound the report 43 or delete the person as a subject of the report; and 44 (B) (I) the person is the subject of an indicated report of child 45 abuse; or 46 (II) the person is not the subject of an indicated report of child 47 abuse and is the subject of a report of child maltreatment where the 48 indication for child maltreatment occurred within less than eight years 49 from the date of the inquiry. 50 (ii) If the subject of an indicated report of child abuse or maltreat- 51 ment has not requested an amendment of the record of the report [within52the time specified in subdivision eight of section four hundred twenty-53two of this title or if the subject had a fair hearing pursuant to such54section prior to January first, nineteen hundred eighty-six] and an 55 inquiry is made to the [department] office of children and family 56 services pursuant to this subdivision concerning the subject of theS. 7506--B 93 A. 9506--B 1 report, [the department] such office shall, as expeditiously as possible 2 but within no more than ten working days of receipt of the inquiry, 3 determine whether, in fact, the person about whom an inquiry is made is 4 the subject of an indicated report. Upon making a determination that the 5 person about whom the inquiry is made is the subject of an indicated 6 report of child abuse and maltreatment, the [department] office of chil- 7 dren and family services shall immediately send a written request to the 8 child protective service or state agency which was responsible for 9 investigating the allegations of abuse or maltreatment for all records, 10 reports and other information maintained by the service or state agency 11 on the subject. The service or state agency shall, as expeditiously as 12 possible but within no more than twenty working days of receiving such 13 request, forward all records, reports and other information it maintains 14 on the indicated report to the [department] office of children and fami- 15 ly services, including a copy of any petition or court order based on 16 the allegations that were indicated. [The department] Where a proceed- 17 ing pursuant to article ten of the family court act is pending based on 18 the same allegations that were indicated, the office of children and 19 family services shall stay determination of whether there is a fair 20 preponderance of the evidence to support the indication until the dispo- 21 sition of such family court proceeding. Unless such determination has 22 been stayed, the office of children and family services shall, within 23 fifteen working days of receiving such records, reports and other infor- 24 mation from the child protective service or state agency, review all 25 records, reports and other information in its possession concerning the 26 subject and determine whether there is [some credible] a fair preponder- 27 ance of the evidence to find that the subject had committed the act or 28 acts of child abuse or maltreatment giving rise to the indicated report. 29 (iii) If it is determined, after affording such service or state agen- 30 cy a reasonable opportunity to present its views, that there is [no31credible] not a fair preponderance of the evidence in the record to find 32 that the subject committed such act or acts, the [department] office of 33 children and family services shall amend the record to indicate that the 34 report was unfounded and notify the inquiring party that the person 35 about whom the inquiry is made is not the subject of an indicated 36 report. [If the subject of the report had a fair hearing pursuant to37subdivision eight of section four hundred twenty-two of this title prior38to January first, nineteen hundred eighty-six and the fair hearing had39been finally determined by the commissioner and the record of the report40had not been amended to unfound the report or delete the person as a41subject of the report, then the department shall determine that there is42some credible evidence to find that the subject had committed the act or43acts of child abuse or maltreatment giving rise to the indicated44report.] 45 (iv) (A) If it is determined after a review by the office of all 46 records, reports and information in its possession concerning the 47 subject of the report that there is a preponderance of the evidence to 48 find that the subject committed the act or acts of child abuse or 49 maltreatment giving rise to the indicated report, the office shall also 50 determine whether such act or acts are relevant and reasonably related 51 to issues concerning the employment of the subject by a provider agency 52 or the subject being allowed to have regular and substantial contact 53 with individuals cared for by a provider agency or the approval or 54 disapproval of an application which has been submitted by the subject to 55 a licensing agency, based on guidelines developed pursuant to subdivi- 56 sion five of this section. If it is determined that such act or acts areS. 7506--B 94 A. 9506--B 1 not relevant and related to such issues, the office shall be precluded 2 from informing the provider or licensing agency which made the inquiry 3 to the office pursuant to this section that the person about whom the 4 inquiry is made is the subject of an indicated report of child abuse or 5 maltreatment. 6 (B) Where the subject of the report is not the subject of any indi- 7 cated report of child abuse and is the subject of a report of child 8 maltreatment where the indication for child maltreatment occurred more 9 than eight years prior to the date of the inquiry, any such indication 10 of child maltreatment shall be deemed to be not relevant and reasonably 11 related to employment. 12 (v) If it is determined after a review by the [department] office of 13 children and family services of all records, reports and information in 14 its possession concerning the subject of the report that there is [some15credible] a fair preponderance of the evidence to prove that the subject 16 committed the act or acts of abuse or maltreatment giving rise to the 17 indicated report [and that such act or acts are relevant and reasonably18related to issues concerning the employment of the subject by a provider19agency or to the subject being allowed to have regular and substantial20contact with children cared for by a provider agency or the approval or21disapproval of an application which has been submitted by the subject to22a licensing agency, the department shall inform the inquiring party that23the person about whom the inquiry is made is the subject of an indicated24report of child abuse and maltreatment; the department shall also notify25the subject of the inquiry of his or her fair hearing rights granted26pursuant to paragraph (c) of subdivision two of this section] the office 27 of children and family services shall notify the subject of the determi- 28 nation of such report and of the subject's right to request a fair hear- 29 ing. If the subject shall request a hearing, the office of children and 30 family services shall schedule a fair hearing and shall provide notice 31 of the scheduled hearing date to the subject, the statewide central 32 register and, as appropriate, to the child protective service which 33 investigated such report. 34 (vi) The burden of proof in such a hearing shall be on the child 35 protective service which investigated the report. In such a hearing, 36 where a family court proceeding pursuant to article ten of the family 37 court act has occurred and where the petition for such proceeding 38 alleges that a respondent in that proceeding committed abuse or 39 maltreatment against the subject child in regard to an allegation 40 contained in a report indicated pursuant to this section: (A) where the 41 court finds that such respondent did commit abuse or maltreatment there 42 shall be an irrebuttable presumption in a fair hearing held pursuant to 43 this subdivision that said allegation is substantiated by a fair prepon- 44 derance of the evidence as to that respondent on that allegation; and 45 (B) where such child protective service withdraws such petition with 46 prejudice, where the family court dismisses such petition, or where the 47 family court finds on the merits in favor of the respondent, there shall 48 be an irrebuttable presumption in a fair hearing held pursuant to this 49 subdivision that said allegation as to that respondent has not been 50 proven by a fair preponderance of the evidence. 51 (vii) If it shall be determined at the fair hearing that there is no 52 fair preponderance of the evidence in the record to find that the 53 subject committed an act or acts of child abuse or maltreatment, the 54 office of children and family services shall amend the record as to that 55 respondent on that allegation to reflect that such a finding was made at 56 the administrative hearing, order any child protective service whichS. 7506--B 95 A. 9506--B 1 investigated the report as to that respondent to similarly amend its 2 records of such report, notify the subject of the determination, and 3 notify the inquiring party that the person about whom such inquiry was 4 made is not the subject of an indicated report on that allegation. 5 (viii) Upon a determination at the fair hearing that the subject has 6 been shown, by a fair preponderance of the evidence to have committed 7 the act or acts of child abuse or maltreatment giving rise to the indi- 8 cated report, the hearing officer shall determine, based on guidelines 9 developed by the office of children and family services pursuant to 10 subdivision five of this section, whether such act or acts are relevant 11 and reasonably related to the subject being allowed to have regular and 12 substantial contact with children who are cared for by a provider agency 13 as defined in subdivision three of this section, or relevant and reason- 14 ably related to the approval or disapproval of an application submitted 15 by the subject to a licensing agency as defined in subdivision four of 16 this section. 17 (ix) Upon a determination made at a fair hearing that the act or acts 18 of abuse or maltreatment are relevant and reasonably related to the 19 employment of the subject by a provider agency as defined in subdivision 20 three of this section, the subject being allowed to have regular and 21 substantial contact with children who are cared for by a provider agency 22 as defined in subdivision three of this section, or relevant and reason- 23 ably related to the approval or disapproval of an application submitted 24 by the subject to a licensing agency as defined in subdivision four of 25 this section, the office of children and family services shall notify 26 the subject and shall inform the inquiring party that the person about 27 whom such inquiry was made is the subject of an indicated report of 28 child abuse or maltreatment. 29 (x) The failure to determine at the fair hearing that the act or acts 30 of abuse or maltreatment are relevant and reasonably related to the 31 employment of the subject by a provider agency as defined in subdivision 32 three of this section, the subject being allowed to have regular and 33 substantial contact with children who are cared for by a provider agency 34 as defined in subdivision three of this section, or relevant and reason- 35 ably related to the approval or disapproval of an application submitted 36 by the subject to a licensing agency as defined in subdivision four of 37 this section, shall preclude the office of children and family services 38 from informing a provider agency as defined in subdivision three of this 39 section or licensing agency as defined in subdivision four of this 40 section that such person is the subject of an indicated report of child 41 abuse or maltreatment on that allegation. 42 § 10. Section 651-a of the family court act, as amended by chapter 12 43 of the laws of 1996, is amended to read as follows: 44 § 651-a. Reports of child abuse and maltreatment; admissibility. In 45 any proceeding brought pursuant to this section to determine the custody 46 or visitation of minors, a report made to the statewide central register 47 of child abuse and maltreatment, pursuant to title six of article six of 48 the social services law, or a portion thereof, which is otherwise admis- 49 sible as a business record pursuant to rule forty-five hundred eighteen 50 of the civil practice law and rules shall not be admissible in evidence, 51 notwithstanding such rule, unless an investigation of such report 52 conducted pursuant to title six of article six of the social services 53 law commenced on or before December thirty-first, two thousand twenty- 54 one has determined that there is some credible evidence of the alleged 55 abuse or maltreatment, or unless an investigation of such report 56 conducted pursuant to title six of article six of the social servicesS. 7506--B 96 A. 9506--B 1 law commenced on or after January first, two thousand twenty-two deter- 2 mines that there is a fair preponderance of the evidence of the alleged 3 abuse or maltreatment, that the subject of the report has been notified 4 that the report is indicated. In addition, if such report has been 5 reviewed by the state commissioner of social services or his designee 6 and has been determined to be unfounded, it shall not be admissible in 7 evidence. If such report has been so reviewed and has been amended to 8 delete any finding, each such deleted finding shall not be admissible. 9 If the state commissioner of social services or his designee has amended 10 the report to add any new finding, each such new finding, together with 11 any portion of the original report not deleted by the commissioner or 12 his designee, shall be admissible if it meets the other requirements of 13 this section and is otherwise admissible as a business record. If such a 14 report, or portion thereof, is admissible in evidence but is uncorrob- 15 orated, it shall not be sufficient to make a fact finding of abuse or 16 maltreatment in such proceeding. Any other evidence tending to support 17 the reliability of such report shall be sufficient corroboration. 18 § 11. This act shall take effect immediately; provided, however that 19 sections one, three, four, five, six, seven, eight, nine and ten of this 20 act shall take effect January 1, 2022. Effective immediately, the addi- 21 tion, amendment and/or repeal of any rule or regulation necessary for 22 the implementation of this act on its effective date are authorized to 23 be made and completed by the office of children and family services on 24 or before such effective date. 25 PART S 26 Section 1. Paragraph (b) of subdivision 2 of section 576-d of the 27 private housing finance law, as amended by chapter 428 of the laws of 28 2004, is amended to read as follows: 29 (b) the total amount of loans made to any single agricultural producer 30 shall not exceed [one] two hundred thousand dollars per annum; 31 § 2. This act shall take effect immediately. 32 PART T 33 Section 1. Paragraph c of subdivision 1 of section 656 of the private 34 housing finance law, as amended by chapter 336 of the laws of 2019, is 35 amended to read as follows: 36 c. No bonds or notes of the corporation shall be issued if upon such 37 issuance the aggregate principal amount of bonds and notes of the corpo- 38 ration then outstanding exceeds the lesser of [fourteen] fifteen billion 39 five hundred million dollars or such amount as would cause the maximum 40 capital reserve fund requirement to exceed eighty-five million dollars; 41 provided that, in determining such aggregate principal amounts there 42 shall be deducted (i) all sums then available for the payment of such 43 bonds or notes either at maturity or through the operation of a sinking 44 fund; (ii) the aggregate principal amount of outstanding bonds issued 45 (a) to refund notes and (b) to refund bonds, theretofore issued and then 46 outstanding; and (iii) the aggregate principal amount of outstanding 47 notes issued to renew notes theretofore issued and then outstanding. The 48 provisions of the prior sentence notwithstanding, the corporation shall 49 not issue bonds if such issuance shall cause the maximum reserve fund 50 requirement to exceed thirty million dollars unless prior to such issu- 51 ance the senate and assembly shall have adopted a concurrent resolution 52 passed by the votes of a majority of all the members elected to eachS. 7506--B 97 A. 9506--B 1 such house and, subsequent thereto, the governor shall evidence in writ- 2 ing the governor's agreement with such resolution to the chairperson of 3 the corporation, which resolution shall be in full force and effect on 4 the date of issuance of the bonds, permitting the maximum capital 5 reserve fund requirement to equal or exceed the amount of the maximum 6 capital reserve fund requirement which would be effective upon the issu- 7 ance of the bonds in question, but in no event shall the maximum capital 8 reserve fund requirement exceed eighty-five million dollars. 9 § 2. This act shall take effect immediately. 10 PART U 11 Section 1. Subdivision 3 of section 1 of chapter 21 of the laws of 12 1962, constituting the local emergency housing rent control act, as 13 amended by chapter 657 of the laws of 1967, is amended to read as 14 follows: 15 3. Local determination as to continuation of emergency. The continua- 16 tion, after May thirty-first, nineteen hundred sixty-seven, of the 17 public emergency requiring the regulation and control of residential 18 rents and evictions within cities having a population of one million or 19 more shall be a matter for local determination within each such city. 20 Any such determination shall be made by the local legislative body of 21 such city on or before April first, nineteen hundred sixty-seven and at 22 least once in every third year thereafter following a survey which the 23 city shall cause to be made of the supply of housing accommodations 24 within such city, the condition of such accommodations and the need for 25 continuing the regulation and control of residential rents and evictions 26 within such city, provided, however, that when the date by which such 27 determination shall be made falls in a calendar year immediately follow- 28 ing a calendar year during which a federal decennial census is 29 conducted, such date shall be postponed by one year. Such survey shall 30 be submitted to such legislative body not less than thirty nor more than 31 sixty days prior to the date of any such determination. 32 § 2. This act shall take effect immediately. 33 PART V 34 Section 1. Subdivision 9 of section 131 of the social services law, as 35 added by chapter 103 of the laws of 1971 and as renumbered by chapter 36 473 of the laws of 1978, is amended to read as follows: 37 9. Upon determining that a person is eligible for any form or category 38 of public assistance, the social services official shall issue to any 39 such person to whom payment is to be made, an appropriate [identifica-40tion] payment access card, [with a photograph affixed,] in a form 41 approved by the [department] office of temporary and disability assist- 42 ance, which shall be used as the [department] office of temporary and 43 disability assistance, by regulation, may prescribe for improved admin- 44 istration. [Any person, including the drawee bank, may require the pres-45entation of such identification card as a condition for the acceptance46and payment of a public assistance check.] 47 § 2. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 48 490 of the vehicle and traffic law, as added by chapter 575 of the laws 49 of 2006, is amended to read as follows: 50 (iii) Notwithstanding any other law, rule or regulation to the contra- 51 ry, a person who is either (A) sixty-two years of age or older and [who52is] a recipient of supplemental security income benefits or (B) a recip-S. 7506--B 98 A. 9506--B 1 ient of public assistance, as defined in subdivision nineteen of section 2 two of the social services law, supplemental nutrition assistance 3 program benefits, pursuant to section ninety-five of the social services 4 law, or medical assistance, as defined in paragraph (a) of subdivision 5 thirty-eight of section two of the social services law, and who has not 6 been issued a driver's license, or whose driver's license is expired, or 7 who surrendered his or her driver's license, shall be issued an iden- 8 tification card without the payment of any fee, upon submitting the 9 appropriate application. For persons applying for an identification card 10 pursuant to clause (B) of this subparagraph, such application shall 11 include proof that such person is in receipt of public assistance, 12 supplemental nutrition assistance program benefits, or medical assist- 13 ance, as the case may be. 14 § 3. This act shall take effect on the one hundred eightieth day after 15 it shall have become a law; provided, however, that section one of this 16 act shall take effect July 1, 2020. 17 PART W 18 Section 1. The tax law is amended by adding a new section 171-w to 19 read as follows: 20 § 171-w. State support for the local enforcement of past-due property 21 taxes. 1. Legislative findings. The legislature finds that local govern- 22 ments have limited means to enforce the collection of past-due property 23 taxes. The legislature further finds that it is appropriate for the 24 state to support the local enforcement of past-due property taxes by 25 authorizing the commissioner to administer a program to disallow STAR 26 credits and exemptions to delinquent property owners based on informa- 27 tion reported to him or her by municipal officials. 28 2. Definitions. For the purposes of this section: 29 (a) "Delinquent property owner" means a STAR recipient whose primary 30 residence is subject to past-due property taxes. 31 (b) "Past-due property taxes" means property taxes that have been 32 levied upon a property owner's primary residence that remain unpaid one 33 year after the last date on which they could have been paid without 34 interest, or where such taxes are payable in installments, those taxes 35 that remain unpaid one year after the last date on which the final 36 installment could have been paid without interest. 37 (c) "STAR credit" means the basic STAR personal income tax credit 38 authorized by subsection (eee) of section six hundred six of this chap- 39 ter. 40 (d) "STAR exemption" means the basic STAR exemption from real property 41 taxation authorized by section four hundred twenty-five of the real 42 property tax law. 43 (e) "STAR recipient" means a property owner who is registered to 44 receive the STAR credit in relation to his or her primary residence, or 45 whose primary residence is receiving the STAR exemption. 46 3. STAR tax payment requirement; generally. Notwithstanding any 47 provision of law to the contrary, a property owner whose primary resi- 48 dence is subject to past-due property taxes shall not be allowed to 49 receive a STAR credit or STAR exemption unless the past-due property 50 taxes are paid in full on or before a date specified by the commission- 51 er. 52 4. Commissioner's authority. The commissioner is hereby authorized to 53 develop a program to support the local enforcement of past-due property 54 taxes by disallowing STAR credits and STAR exemptions to delinquentS. 7506--B 99 A. 9506--B 1 property owners. The commissioner shall establish procedures for the 2 administration of this program, which shall include the following 3 provisions: 4 (a) The procedures by which municipal officials shall report past-due 5 property taxes and property tax payments to the department. 6 (b) The procedures by which the department shall notify delinquent 7 property owners of the impending disallowance of their STAR credits or 8 exemptions due to past-due property taxes. 9 (c) The date by which delinquent property owners must pay their past- 10 due property taxes in full in order to avoid disallowance of their STAR 11 credits or exemptions. 12 (d) The procedures by which the commissioner shall disallow STAR cred- 13 its and notify assessors of the disallowance of STAR exemptions if past- 14 due property taxes are not paid in full by the specified date. 15 (e) Such other procedures as the commissioner shall deem necessary to 16 carry out the provisions of this section. 17 5. Municipal reports. The commissioner's procedures regarding munici- 18 pal reporting shall be subject to the following provisions: 19 (a) The commissioner may request and shall be entitled to receive from 20 any municipal corporation of the state, or any agency or official there- 21 of, such data as the commissioner deems necessary to effectuate the 22 purposes of this section. Such information shall be submitted to the 23 department at such time and in such manner as the commissioner may 24 direct. 25 (b) In lieu of requiring municipal officials to submit their reports 26 directly to the department, the commissioner may, in his or her 27 discretion, require that such reports be submitted to the county direc- 28 tor of real property tax services, who shall integrate the reports into 29 a single file and submit it to the department at such time and in such 30 manner as the commissioner may direct. Provided, that where the commis- 31 sioner institutes such a procedure, he or she may exclude cities with 32 one hundred twenty-five thousand inhabitants or more, so that informa- 33 tion about past-due property taxes and property tax payments in such a 34 city shall be reported directly to the department by a designated city 35 official at such time and in such manner as the commissioner may direct. 36 (c) Reports and other records prepared pursuant to this section shall 37 not be subject to the provisions of article six of the public officers 38 law. 39 6. Notification of delinquent property owners. The commissioner's 40 procedures regarding the notification of delinquent property owners 41 shall be subject to the following provisions: 42 (a) The department shall notify a delinquent property owner by regular 43 mail at least thirty days prior to the date by which his or her past-due 44 property taxes must be paid in full in order to avoid disallowance of 45 his or her STAR credit or exemption. 46 (b) Such notice shall include a statement that the property owner's 47 STAR credit or exemption will be disallowed unless his or her past-due 48 property taxes are paid in full by the date specified in the notice. 49 (c) To the extent practicable, such notice shall provide contact 50 information for the local official or officials to whom the past-due 51 property taxes may be paid. 52 (d) Such notice shall further state that the property owner's right to 53 protest the disallowance of the STAR credit or exemption is limited to 54 raising issues that constitute a "mistake of fact" as defined in subdi- 55 vision nine of this section.S. 7506--B 100 A. 9506--B 1 (e) Such notice may include such other information as the commissioner 2 may deem necessary. 3 7. Timely payment of past-due property taxes. If a delinquent property 4 owner pays his or her past-due property taxes in full on or before the 5 date specified in such notice, the official receiving such payment shall 6 so notify the department at such time and in such manner as prescribed 7 by the commissioner. The property owner shall then be permitted to 8 receive the STAR credit or exemption that would have been disallowed if 9 timely payment had not been made. However, if the department does not 10 learn of the payment until after it has already directed an assessor to 11 deny a STAR exemption to a delinquent property owner, then in lieu of 12 directing the exemption to be restored, the department may remit to the 13 property owner payment in an amount that will reimburse the property 14 owner for the increase in his or her school tax bill that is directly 15 attributable to the lost STAR exemption. 16 8. Failure to make timely payment. (a) If the past-due taxes are not 17 paid on or before the date specified in the notice that had been sent to 18 the delinquent property owner, his or her STAR credit or STAR exemption 19 shall be disallowed in accordance with the procedures established by the 20 commissioner. 21 (b) The property owner shall not be eligible to participate in the 22 STAR program again as long as the property is subject to past-due prop- 23 erty taxes. 24 (c) Upon payment of the past-due property taxes in full, the official 25 receiving such payment shall notify the department at such time and in 26 such manner as may be prescribed by the commissioner. The commissioner 27 shall then proceed as follows: 28 (i) If the property owner had previously been receiving the STAR cred- 29 it, the commissioner shall allow the property owner to resume his or her 30 participation in the STAR credit program on a prospective basis, if 31 otherwise eligible, effective with the first taxable year commencing 32 after such payment. 33 (ii) If the property owner had previously been receiving the STAR 34 exemption, the commissioner shall allow the property owner to partic- 35 ipate in the STAR credit program on a prospective basis, if otherwise 36 eligible, effective with the first taxable year commencing after such 37 payment. The property owner shall not be allowed back into the STAR 38 exemption program. 39 (iii) The commissioner shall, when making the first advanced payment 40 of a STAR credit to the property taxpayer after payment of the past-due 41 property taxes in full, also pay to such property taxpayer the value of 42 the STAR exemptions or STAR credits that were disallowed pursuant to 43 paragraph a of this subdivision. 44 9. Mistake of fact. Notwithstanding any other provision of law, a 45 disallowance of a STAR credit or STAR exemption pursuant to this section 46 may only be challenged before the department on the grounds of a mistake 47 of fact as defined in this subdivision. The taxpayer will have no right 48 to commence a court action, administrative proceeding or any other form 49 of legal recourse against an assessor, county director of real property 50 tax services or other local official regarding such disallowance. For 51 the purposes of this subdivision, "mistake of fact" is limited to claims 52 that: (i) the individual notified is not the taxpayer at issue; or (ii) 53 the past-due property taxes were satisfied before the date specified in 54 the notice described in subdivision six of this section. However, noth- 55 ing in this subdivision is intended to limit a taxpayer from seeking 56 relief from joint and several liability pursuant to section six hundredS. 7506--B 101 A. 9506--B 1 fifty-four of this chapter to the extent that he or she is eligible 2 pursuant to that subdivision or establishing to the department that the 3 enforcement of the underlying property taxes has been stayed by the 4 filing of a petition pursuant to the Bankruptcy Code of 1978 (Title 5 Eleven of the United States Code). 6 10. Assessors. (a) Notwithstanding any provision of law to the contra- 7 ry, the department may disclose to assessors such information as the 8 commissioner deems necessary to ensure that the STAR exemptions of 9 delinquent property owners are disallowed as required by this section. 10 (b) Notwithstanding any provision of law to the contrary, an assessor 11 shall be authorized and directed to deny a STAR exemption to a delin- 12 quent property owner upon being directed by the department to do so. If 13 an assessor should receive such a directive after the applicable assess- 14 ment roll has been filed, the assessor or other official having custody 15 and control of that roll shall be authorized and directed to remove such 16 exemption from such roll prior to the levy of school taxes, without 17 regard to the provisions of title three of article five of the real 18 property tax law or any comparable laws governing the correction of 19 administrative errors on assessment rolls and tax rolls. 20 11. Recovery of STAR benefits in certain cases. The commissioner may 21 establish procedures to be followed in cases where a STAR credit or 22 exemption was inadvertently or erroneously provided to a delinquent 23 property owner who was sent the notice required by subdivision six of 24 this section, and whose past-due property taxes were not paid in full by 25 the date specified in the notice. Such procedures shall include, but not 26 be limited to, (a) applying the improperly received STAR credit or 27 exemption as an offset against future STAR credits or against other 28 personal income tax credits or personal income tax refunds to which the 29 delinquent property owner would otherwise be entitled, and (b) pursuing 30 any of the other remedies that are available to enforce a personal 31 income tax debt under article twenty-two of this chapter. 32 § 2. This act shall take effect immediately. 33 PART X 34 Section 1. Section 851 of the tax law is amended by adding a new 35 subsection (d) to read as follows: 36 (d) If an employer determines that the election made pursuant to 37 subsection (b) of this section was in error and such employer does not 38 wish to participate in the program for the calendar year and has taken 39 no action to comply with the requirements of this article, the employer 40 may revoke the election to participate in the program. For the calendar 41 year two thousand twenty, such revocation of the employer election may 42 be made on or before April fifteenth, two thousand twenty. For calendar 43 years beginning two thousand twenty-one and thereafter, such revocation 44 of the employer election must be made no later than January fifteenth of 45 the immediately succeeding calendar year after the employer election was 46 made. 47 § 2. This act shall take effect immediately. 48 PART Y 49 Section 1. Section 34 of part A3 of chapter 62 of the laws of 2003 50 amending the general business law and other laws relating to enacting 51 major components necessary to implement the state fiscal plan for theS. 7506--B 102 A. 9506--B 1 2003-04 state fiscal year, as amended by section 14 of part H of chapter 2 57 of the laws of 2017, is amended to read as follows: 3 § 34. (1) Notwithstanding any inconsistent provision of law, rule or 4 regulation and effective April 1, 2008 through March 31, [2020] 2023, 5 the commissioner of health is authorized to transfer and the state comp- 6 troller is authorized and directed to receive for deposit to the credit 7 of the department of health's special revenue fund - other, health care 8 reform act (HCRA) resources fund - 061, provider collection monitoring 9 account, within amounts appropriated each year, those funds collected 10 and accumulated pursuant to section 2807-v of the public health law, 11 including income from invested funds, for the purpose of payment for 12 administrative costs of the department of health related to adminis- 13 tration of statutory duties for the collections and distributions 14 authorized by section 2807-v of the public health law. 15 (2) Notwithstanding any inconsistent provision of law, rule or regu- 16 lation and effective April 1, 2008 through March 31, [2020] 2023, the 17 commissioner of health is authorized to transfer and the state comp- 18 troller is authorized and directed to receive for deposit to the credit 19 of the department of health's special revenue fund - other, health care 20 reform act (HCRA) resources fund - 061, provider collection monitoring 21 account, within amounts appropriated each year, those funds collected 22 and accumulated and interest earned through surcharges on payments for 23 health care services pursuant to section 2807-s of the public health law 24 and from assessments pursuant to section 2807-t of the public health law 25 for the purpose of payment for administrative costs of the department of 26 health related to administration of statutory duties for the collections 27 and distributions authorized by sections 2807-s, 2807-t, and 2807-m of 28 the public health law. 29 (3) Notwithstanding any inconsistent provision of law, rule or regu- 30 lation and effective April 1, 2008 through March 31, [2020] 2023, the 31 commissioner of health is authorized to transfer and the comptroller is 32 authorized to deposit, within amounts appropriated each year, those 33 funds authorized for distribution in accordance with the provisions of 34 paragraph (a) of subdivision 1 of section 2807-l of the public health 35 law for the purposes of payment for administrative costs of the depart- 36 ment of health related to the child health insurance plan program 37 authorized pursuant to title 1-A of article 25 of the public health law 38 into the special revenue funds - other, health care reform act (HCRA) 39 resources fund - 061, child health insurance account, established within 40 the department of health. 41 [(4) Notwithstanding any inconsistent provision of law, rule or regu-42lation and effective April 1, 2008 through March 31, 2020, the commis-43sioner of health is authorized to transfer and the comptroller is44authorized to deposit, within amounts appropriated each year, those45funds authorized for distribution in accordance with the provisions of46paragraph (e) of subdivision 1 of section 2807-l of the public health47law for the purpose of payment for administrative costs of the depart-48ment of health related to the health occupation development and work-49place demonstration program established pursuant to section 2807-h and50the health workforce retraining program established pursuant to section512807-g of the public health law into the special revenue funds - other,52health care reform act (HCRA) resources fund - 061, health occupation53development and workplace demonstration program account, established54within the department of health.] 55 (5) Notwithstanding any inconsistent provision of law, rule or regu- 56 lation and effective April 1, 2008 through March 31, [2020] 2023, theS. 7506--B 103 A. 9506--B 1 commissioner of health is authorized to transfer and the comptroller is 2 authorized to deposit, within amounts appropriated each year, those 3 funds allocated pursuant to paragraph (j) of subdivision 1 of section 4 2807-v of the public health law for the purpose of payment for adminis- 5 trative costs of the department of health related to administration of 6 the state's tobacco control programs and cancer services provided pursu- 7 ant to sections 2807-r and 1399-ii of the public health law into such 8 accounts established within the department of health for such purposes. 9 (6) Notwithstanding any inconsistent provision of law, rule or regu- 10 lation and effective April 1, 2008 through March 31, [2020] 2023, the 11 commissioner of health is authorized to transfer and the comptroller is 12 authorized to deposit, within amounts appropriated each year, the funds 13 authorized for distribution in accordance with the provisions of section 14 2807-l of the public health law for the purposes of payment for adminis- 15 trative costs of the department of health related to the programs funded 16 pursuant to section 2807-l of the public health law into the special 17 revenue funds - other, health care reform act (HCRA) resources fund - 18 061, pilot health insurance account, established within the department 19 of health. 20 (7) Notwithstanding any inconsistent provision of law, rule or regu- 21 lation and effective April 1, 2008 through March 31, [2020] 2023, the 22 commissioner of health is authorized to transfer and the comptroller is 23 authorized to deposit, within amounts appropriated each year, those 24 funds authorized for distribution in accordance with the provisions of 25 subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c 26 of the public health law from monies accumulated and interest earned in 27 the bad debt and charity care and capital statewide pools through an 28 assessment charged to general hospitals pursuant to the provisions of 29 subdivision 18 of section 2807-c of the public health law and those 30 funds authorized for distribution in accordance with the provisions of 31 section 2807-l of the public health law for the purposes of payment for 32 administrative costs of the department of health related to programs 33 funded under section 2807-l of the public health law into the special 34 revenue funds - other, health care reform act (HCRA) resources fund - 35 061, primary care initiatives account, established within the department 36 of health. 37 (8) Notwithstanding any inconsistent provision of law, rule or regu- 38 lation and effective April 1, 2008 through March 31, [2020] 2023, the 39 commissioner of health is authorized to transfer and the comptroller is 40 authorized to deposit, within amounts appropriated each year, those 41 funds authorized for distribution in accordance with section 2807-l of 42 the public health law for the purposes of payment for administrative 43 costs of the department of health related to programs funded under 44 section 2807-l of the public health law into the special revenue funds - 45 other, health care reform act (HCRA) resources fund - 061, health care 46 delivery administration account, established within the department of 47 health. 48 (9) Notwithstanding any inconsistent provision of law, rule or regu- 49 lation and effective April 1, 2008 through March 31, [2020] 2023, the 50 commissioner of health is authorized to transfer and the comptroller is 51 authorized to deposit, within amounts appropriated each year, those 52 funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the 53 public health law and section 367-i of the social services law and for 54 distribution in accordance with the provisions of subdivision 9 of 55 section 2807-j of the public health law for the purpose of payment for 56 administration of statutory duties for the collections and distributionsS. 7506--B 104 A. 9506--B 1 authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a 2 and 3614-b of the public health law and section 367-i of the social 3 services law into the special revenue funds - other, health care reform 4 act (HCRA) resources fund - 061, provider collection monitoring account, 5 established within the department of health. 6 § 2. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of 7 section 2807-j of the public health law, as amended by section 5 of part 8 H of chapter 57 of the laws of 2017, are amended to read as follows: 9 (iv) seven hundred sixty-five million dollars annually of the funds 10 accumulated for the periods January first, two thousand through December 11 thirty-first, two thousand [nineteen] twenty-two, and 12 (v) one hundred ninety-one million two hundred fifty thousand dollars 13 of the funds accumulated for the period January first, two thousand 14 [twenty] twenty-three through March thirty-first, two thousand [twenty] 15 twenty-three. 16 § 3. Subdivision 5 of section 168 of chapter 639 of the laws of 1996, 17 constituting the New York Health Care Reform Act of 1996, as amended by 18 section 1 of part H of chapter 57 of the laws of 2017, is amended to 19 read as follows: 20 5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health 21 law, as amended or as added by this act, shall expire on December 31, 22 [2020] 2023, and shall be thereafter effective only in respect to any 23 act done on or before such date or action or proceeding arising out of 24 such act including continued collections of funds from assessments and 25 allowances and surcharges established pursuant to sections 2807-c, 26 2807-j, 2807-s and 2807-t of the public health law, and administration 27 and distributions of funds from pools established pursuant to sections 28 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public 29 health law related to patient services provided before December 31, 30 [2020] 2023, and continued expenditure of funds authorized for programs 31 and grants until the exhaustion of funds therefor; 32 § 4. Subdivision 1 of section 138 of chapter 1 of the laws of 1999, 33 constituting the New York Health Care Reform Act of 2000, as amended by 34 section 2 of part H of chapter 57 of the laws of 2017, is amended to 35 read as follows: 36 1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health 37 law, as amended by this act, shall expire on December 31, [2020] 2023, 38 and shall be thereafter effective only in respect to any act done before 39 such date or action or proceeding arising out of such act including 40 continued collections of funds from assessments and allowances and 41 surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and 42 2807-t of the public health law, and administration and distributions of 43 funds from pools established pursuant to sections 2807-c, 2807-j, 44 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public 45 health law, as amended or added by this act, related to patient services 46 provided before December 31, [2020] 2023, and continued expenditure of 47 funds authorized for programs and grants until the exhaustion of funds 48 therefor; 49 § 5. Section 2807-l of the public health law, as amended by section 50 21 of part H of chapter 57 of the laws of 2017, is amended to read as 51 follows: 52 § 2807-l. Health care initiatives pool distributions. 1. Funds accumu- 53 lated in the health care initiatives pools pursuant to paragraph (b) of 54 subdivision nine of section twenty-eight hundred seven-j of this arti- 55 cle, or the health care reform act (HCRA) resources fund established 56 pursuant to section ninety-two-dd of the state finance law, whichever isS. 7506--B 105 A. 9506--B 1 applicable, including income from invested funds, shall be distributed 2 or retained by the commissioner or by the state comptroller, as applica- 3 ble, in accordance with the following. 4 (a) Funds shall be reserved and accumulated from year to year and 5 shall be available, including income from invested funds, for purposes 6 of distributions to programs to provide health care coverage for unin- 7 sured or underinsured children pursuant to sections twenty-five hundred 8 ten and twenty-five hundred eleven of this chapter from the respective 9 health care initiatives pools established for the following periods in 10 the following amounts: 11 (i) from the pool for the period January first, nineteen hundred nine- 12 ty-seven through December thirty-first, nineteen hundred ninety-seven, 13 up to one hundred twenty million six hundred thousand dollars; 14 (ii) from the pool for the period January first, nineteen hundred 15 ninety-eight through December thirty-first, nineteen hundred ninety- 16 eight, up to one hundred sixty-four million five hundred thousand 17 dollars; 18 (iii) from the pool for the period January first, nineteen hundred 19 ninety-nine through December thirty-first, nineteen hundred ninety-nine, 20 up to one hundred eighty-one million dollars; 21 (iv) from the pool for the period January first, two thousand through 22 December thirty-first, two thousand, two hundred seven million dollars; 23 (v) from the pool for the period January first, two thousand one 24 through December thirty-first, two thousand one, two hundred thirty-five 25 million dollars; 26 (vi) from the pool for the period January first, two thousand two 27 through December thirty-first, two thousand two, three hundred twenty- 28 four million dollars; 29 (vii) from the pool for the period January first, two thousand three 30 through December thirty-first, two thousand three, up to four hundred 31 fifty million three hundred thousand dollars; 32 (viii) from the pool for the period January first, two thousand four 33 through December thirty-first, two thousand four, up to four hundred 34 sixty million nine hundred thousand dollars; 35 (ix) from the pool or the health care reform act (HCRA) resources 36 fund, whichever is applicable, for the period January first, two thou- 37 sand five through December thirty-first, two thousand five, up to one 38 hundred fifty-three million eight hundred thousand dollars; 39 (x) from the health care reform act (HCRA) resources fund for the 40 period January first, two thousand six through December thirty-first, 41 two thousand six, up to three hundred twenty-five million four hundred 42 thousand dollars; 43 (xi) from the health care reform act (HCRA) resources fund for the 44 period January first, two thousand seven through December thirty-first, 45 two thousand seven, up to four hundred twenty-eight million fifty-nine 46 thousand dollars; 47 (xii) from the health care reform act (HCRA) resources fund for the 48 period January first, two thousand eight through December thirty-first, 49 two thousand ten, up to four hundred fifty-three million six hundred 50 seventy-four thousand dollars annually; 51 (xiii) from the health care reform act (HCRA) resources fund for the 52 period January first, two thousand eleven, through March thirty-first, 53 two thousand eleven, up to one hundred thirteen million four hundred 54 eighteen thousand dollars; 55 (xiv) from the health care reform act (HCRA) resources fund for the 56 period April first, two thousand eleven, through March thirty-first, twoS. 7506--B 106 A. 9506--B 1 thousand twelve, up to three hundred twenty-four million seven hundred 2 forty-four thousand dollars; 3 (xv) from the health care reform act (HCRA) resources fund for the 4 period April first, two thousand twelve, through March thirty-first, two 5 thousand thirteen, up to three hundred forty-six million four hundred 6 forty-four thousand dollars; 7 (xvi) from the health care reform act (HCRA) resources fund for the 8 period April first, two thousand thirteen, through March thirty-first, 9 two thousand fourteen, up to three hundred seventy million six hundred 10 ninety-five thousand dollars; and 11 (xvii) from the health care reform act (HCRA) resources fund for each 12 state fiscal year for periods on and after April first, two thousand 13 fourteen, within amounts appropriated. 14 (b) Funds shall be reserved and accumulated from year to year and 15 shall be available, including income from invested funds, for purposes 16 of distributions for health insurance programs under the individual 17 subsidy programs established pursuant to the expanded health care cover- 18 age act of nineteen hundred eighty-eight as amended, and for evaluation 19 of such programs from the respective health care initiatives pools or 20 the health care reform act (HCRA) resources fund, whichever is applica- 21 ble, established for the following periods in the following amounts: 22 (i) (A) an amount not to exceed six million dollars on an annualized 23 basis for the periods January first, nineteen hundred ninety-seven 24 through December thirty-first, nineteen hundred ninety-nine; up to six 25 million dollars for the period January first, two thousand through 26 December thirty-first, two thousand; up to five million dollars for the 27 period January first, two thousand one through December thirty-first, 28 two thousand one; up to four million dollars for the period January 29 first, two thousand two through December thirty-first, two thousand two; 30 up to two million six hundred thousand dollars for the period January 31 first, two thousand three through December thirty-first, two thousand 32 three; up to one million three hundred thousand dollars for the period 33 January first, two thousand four through December thirty-first, two 34 thousand four; up to six hundred seventy thousand dollars for the period 35 January first, two thousand five through June thirtieth, two thousand 36 five; up to one million three hundred thousand dollars for the period 37 April first, two thousand six through March thirty-first, two thousand 38 seven; and up to one million three hundred thousand dollars annually for 39 the period April first, two thousand seven through March thirty-first, 40 two thousand nine, shall be allocated to individual subsidy programs; 41 and 42 (B) an amount not to exceed seven million dollars on an annualized 43 basis for the periods during the period January first, nineteen hundred 44 ninety-seven through December thirty-first, nineteen hundred ninety-nine 45 and four million dollars annually for the periods January first, two 46 thousand through December thirty-first, two thousand two, and three 47 million dollars for the period January first, two thousand three through 48 December thirty-first, two thousand three, and two million dollars for 49 the period January first, two thousand four through December thirty- 50 first, two thousand four, and two million dollars for the period January 51 first, two thousand five through June thirtieth, two thousand five shall 52 be allocated to the catastrophic health care expense program. 53 (ii) Notwithstanding any law to the contrary, the characterizations of 54 the New York state small business health insurance partnership program 55 as in effect prior to June thirtieth, two thousand three, voucher 56 program as in effect prior to December thirty-first, two thousand one,S. 7506--B 107 A. 9506--B 1 individual subsidy program as in effect prior to June thirtieth, two 2 thousand five, and catastrophic health care expense program, as in 3 effect prior to June thirtieth, two thousand five, may, for the purposes 4 of identifying matching funds for the community health care conversion 5 demonstration project described in a waiver of the provisions of title 6 XIX of the federal social security act granted to the state of New York 7 and dated July fifteenth, nineteen hundred ninety-seven, may continue to 8 be used to characterize the insurance programs in sections four thousand 9 three hundred twenty-one-a, four thousand three hundred twenty-two-a, 10 four thousand three hundred twenty-six and four thousand three hundred 11 twenty-seven of the insurance law, which are successor programs to these 12 programs. 13 (c) Up to seventy-eight million dollars shall be reserved and accumu- 14 lated from year to year from the pool for the period January first, 15 nineteen hundred ninety-seven through December thirty-first, nineteen 16 hundred ninety-seven, for purposes of public health programs, up to 17 seventy-six million dollars shall be reserved and accumulated from year 18 to year from the pools for the periods January first, nineteen hundred 19 ninety-eight through December thirty-first, nineteen hundred ninety- 20 eight and January first, nineteen hundred ninety-nine through December 21 thirty-first, nineteen hundred ninety-nine, up to eighty-four million 22 dollars shall be reserved and accumulated from year to year from the 23 pools for the period January first, two thousand through December thir- 24 ty-first, two thousand, up to eighty-five million dollars shall be 25 reserved and accumulated from year to year from the pools for the period 26 January first, two thousand one through December thirty-first, two thou- 27 sand one, up to eighty-six million dollars shall be reserved and accumu- 28 lated from year to year from the pools for the period January first, two 29 thousand two through December thirty-first, two thousand two, up to 30 eighty-six million one hundred fifty thousand dollars shall be reserved 31 and accumulated from year to year from the pools for the period January 32 first, two thousand three through December thirty-first, two thousand 33 three, up to fifty-eight million seven hundred eighty thousand dollars 34 shall be reserved and accumulated from year to year from the pools for 35 the period January first, two thousand four through December thirty- 36 first, two thousand four, up to sixty-eight million seven hundred thirty 37 thousand dollars shall be reserved and accumulated from year to year 38 from the pools or the health care reform act (HCRA) resources fund, 39 whichever is applicable, for the period January first, two thousand five 40 through December thirty-first, two thousand five, up to ninety-four 41 million three hundred fifty thousand dollars shall be reserved and accu- 42 mulated from year to year from the health care reform act (HCRA) 43 resources fund for the period January first, two thousand six through 44 December thirty-first, two thousand six, up to seventy million nine 45 hundred thirty-nine thousand dollars shall be reserved and accumulated 46 from year to year from the health care reform act (HCRA) resources fund 47 for the period January first, two thousand seven through December thir- 48 ty-first, two thousand seven, up to fifty-five million six hundred 49 eighty-nine thousand dollars annually shall be reserved and accumulated 50 from year to year from the health care reform act (HCRA) resources fund 51 for the period January first, two thousand eight through December thir- 52 ty-first, two thousand ten, up to thirteen million nine hundred twenty- 53 two thousand dollars shall be reserved and accumulated from year to year 54 from the health care reform act (HCRA) resources fund for the period 55 January first, two thousand eleven through March thirty-first, two thou- 56 sand eleven, and for periods on and after April first, two thousandS. 7506--B 108 A. 9506--B 1 eleven, up to funding amounts specified below and shall be available, 2 including income from invested funds, for: 3 (i) deposit by the commissioner, within amounts appropriated, and the 4 state comptroller is hereby authorized and directed to receive for 5 deposit to, to the credit of the department of health's special revenue 6 fund - other, hospital based grants program account or the health care 7 reform act (HCRA) resources fund, whichever is applicable, for purposes 8 of services and expenses related to general hospital based grant 9 programs, up to twenty-two million dollars annually from the nineteen 10 hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen 11 hundred ninety-nine pool, two thousand pool, two thousand one pool and 12 two thousand two pool, respectively, up to twenty-two million dollars 13 from the two thousand three pool, up to ten million dollars for the 14 period January first, two thousand four through December thirty-first, 15 two thousand four, up to eleven million dollars for the period January 16 first, two thousand five through December thirty-first, two thousand 17 five, up to twenty-two million dollars for the period January first, two 18 thousand six through December thirty-first, two thousand six, up to 19 twenty-two million ninety-seven thousand dollars annually for the period 20 January first, two thousand seven through December thirty-first, two 21 thousand ten, up to five million five hundred twenty-four thousand 22 dollars for the period January first, two thousand eleven through March 23 thirty-first, two thousand eleven, up to thirteen million four hundred 24 forty-five thousand dollars for the period April first, two thousand 25 eleven through March thirty-first, two thousand twelve, and up to thir- 26 teen million three hundred seventy-five thousand dollars each state 27 fiscal year for the period April first, two thousand twelve through 28 March thirty-first, two thousand fourteen; 29 (ii) deposit by the commissioner, within amounts appropriated, and the 30 state comptroller is hereby authorized and directed to receive for 31 deposit to, to the credit of the emergency medical services training 32 account established in section ninety-seven-q of the state finance law 33 or the health care reform act (HCRA) resources fund, whichever is appli- 34 cable, up to sixteen million dollars on an annualized basis for the 35 periods January first, nineteen hundred ninety-seven through December 36 thirty-first, nineteen hundred ninety-nine, up to twenty million dollars 37 for the period January first, two thousand through December thirty- 38 first, two thousand, up to twenty-one million dollars for the period 39 January first, two thousand one through December thirty-first, two thou- 40 sand one, up to twenty-two million dollars for the period January first, 41 two thousand two through December thirty-first, two thousand two, up to 42 twenty-two million five hundred fifty thousand dollars for the period 43 January first, two thousand three through December thirty-first, two 44 thousand three, up to nine million six hundred eighty thousand dollars 45 for the period January first, two thousand four through December thir- 46 ty-first, two thousand four, up to twelve million one hundred thirty 47 thousand dollars for the period January first, two thousand five through 48 December thirty-first, two thousand five, up to twenty-four million two 49 hundred fifty thousand dollars for the period January first, two thou- 50 sand six through December thirty-first, two thousand six, up to twenty 51 million four hundred ninety-two thousand dollars annually for the period 52 January first, two thousand seven through December thirty-first, two 53 thousand ten, up to five million one hundred twenty-three thousand 54 dollars for the period January first, two thousand eleven through March 55 thirty-first, two thousand eleven, up to eighteen million three hundred 56 fifty thousand dollars for the period April first, two thousand elevenS. 7506--B 109 A. 9506--B 1 through March thirty-first, two thousand twelve, up to eighteen million 2 nine hundred fifty thousand dollars for the period April first, two 3 thousand twelve through March thirty-first, two thousand thirteen, up to 4 nineteen million four hundred nineteen thousand dollars for the period 5 April first, two thousand thirteen through March thirty-first, two thou- 6 sand fourteen, and up to nineteen million six hundred fifty-nine thou- 7 sand seven hundred dollars each state fiscal year for the period of 8 April first, two thousand fourteen through March thirty-first, two thou- 9 sand [twenty] twenty-three; 10 (iii) priority distributions by the commissioner up to thirty-two 11 million dollars on an annualized basis for the period January first, two 12 thousand through December thirty-first, two thousand four, up to thir- 13 ty-eight million dollars on an annualized basis for the period January 14 first, two thousand five through December thirty-first, two thousand 15 six, up to eighteen million two hundred fifty thousand dollars for the 16 period January first, two thousand seven through December thirty-first, 17 two thousand seven, up to three million dollars annually for the period 18 January first, two thousand eight through December thirty-first, two 19 thousand ten, up to seven hundred fifty thousand dollars for the period 20 January first, two thousand eleven through March thirty-first, two thou- 21 sand eleven, up to two million nine hundred thousand dollars each state 22 fiscal year for the period April first, two thousand eleven through 23 March thirty-first, two thousand fourteen, and up to two million nine 24 hundred thousand dollars each state fiscal year for the period April 25 first, two thousand fourteen through March thirty-first, two thousand 26 [twenty] twenty-three to be allocated (A) for the purposes established 27 pursuant to subparagraph (ii) of paragraph (f) of subdivision nineteen 28 of section twenty-eight hundred seven-c of this article as in effect on 29 December thirty-first, nineteen hundred ninety-six and as may thereafter 30 be amended, up to fifteen million dollars annually for the periods Janu- 31 ary first, two thousand through December thirty-first, two thousand 32 four, up to twenty-one million dollars annually for the period January 33 first, two thousand five through December thirty-first, two thousand 34 six, and up to seven million five hundred thousand dollars for the peri- 35 od January first, two thousand seven through March thirty-first, two 36 thousand seven; 37 (B) pursuant to a memorandum of understanding entered into by the 38 commissioner, the majority leader of the senate and the speaker of the 39 assembly, for the purposes outlined in such memorandum upon the recom- 40 mendation of the majority leader of the senate, up to eight million 41 five hundred thousand dollars annually for the period January first, two 42 thousand through December thirty-first, two thousand six, and up to four 43 million two hundred fifty thousand dollars for the period January first, 44 two thousand seven through June thirtieth, two thousand seven, and for 45 the purposes outlined in such memorandum upon the recommendation of the 46 speaker of the assembly, up to eight million five hundred thousand 47 dollars annually for the periods January first, two thousand through 48 December thirty-first, two thousand six, and up to four million two 49 hundred fifty thousand dollars for the period January first, two thou- 50 sand seven through June thirtieth, two thousand seven; and 51 (C) for services and expenses, including grants, related to emergency 52 assistance distributions as designated by the commissioner. Notwith- 53 standing section one hundred twelve or one hundred sixty-three of the 54 state finance law or any other contrary provision of law, such distrib- 55 utions shall be limited to providers or programs where, as determined by 56 the commissioner, emergency assistance is vital to protect the life orS. 7506--B 110 A. 9506--B 1 safety of patients, to ensure the retention of facility caregivers or 2 other staff, or in instances where health facility operations are jeop- 3 ardized, or where the public health is jeopardized or other emergency 4 situations exist, up to three million dollars annually for the period 5 April first, two thousand seven through March thirty-first, two thousand 6 eleven, up to two million nine hundred thousand dollars each state 7 fiscal year for the period April first, two thousand eleven through 8 March thirty-first, two thousand fourteen, up to two million nine 9 hundred thousand dollars each state fiscal year for the period April 10 first, two thousand fourteen through March thirty-first, two thousand 11 seventeen, [and] up to two million nine hundred thousand dollars each 12 state fiscal year for the period April first, two thousand seventeen 13 through March thirty-first, two thousand twenty, and up to two million 14 nine hundred thousand dollars each state fiscal year for the period 15 April first, two thousand twenty through March thirty-first, two thou- 16 sand twenty-three. Upon any distribution of such funds, the commissioner 17 shall immediately notify the chair and ranking minority member of the 18 senate finance committee, the assembly ways and means committee, the 19 senate committee on health, and the assembly committee on health; 20 (iv) distributions by the commissioner related to poison control 21 centers pursuant to subdivision seven of section twenty-five hundred-d 22 of this chapter, up to five million dollars for the period January 23 first, nineteen hundred ninety-seven through December thirty-first, 24 nineteen hundred ninety-seven, up to three million dollars on an annual- 25 ized basis for the periods during the period January first, nineteen 26 hundred ninety-eight through December thirty-first, nineteen hundred 27 ninety-nine, up to five million dollars annually for the periods January 28 first, two thousand through December thirty-first, two thousand two, up 29 to four million six hundred thousand dollars annually for the periods 30 January first, two thousand three through December thirty-first, two 31 thousand four, up to five million one hundred thousand dollars for the 32 period January first, two thousand five through December thirty-first, 33 two thousand six annually, up to five million one hundred thousand 34 dollars annually for the period January first, two thousand seven 35 through December thirty-first, two thousand nine, up to three million 36 six hundred thousand dollars for the period January first, two thousand 37 ten through December thirty-first, two thousand ten, up to seven hundred 38 seventy-five thousand dollars for the period January first, two thousand 39 eleven through March thirty-first, two thousand eleven, up to two 40 million five hundred thousand dollars each state fiscal year for the 41 period April first, two thousand eleven through March thirty-first, two 42 thousand fourteen, up to three million dollars each state fiscal year 43 for the period April first, two thousand fourteen through March thirty- 44 first, two thousand seventeen, [and] up to three million dollars each 45 state fiscal year for the period April first, two thousand seventeen 46 through March thirty-first, two thousand twenty, and up to three million 47 dollars each state fiscal year for the period April first, two thousand 48 twenty through March thirty-first, two thousand twenty-three; and 49 (v) deposit by the commissioner, within amounts appropriated, and the 50 state comptroller is hereby authorized and directed to receive for 51 deposit to, to the credit of the department of health's special revenue 52 fund - other, miscellaneous special revenue fund - 339 maternal and 53 child HIV services account or the health care reform act (HCRA) 54 resources fund, whichever is applicable, for purposes of a special 55 program for HIV services for women and children, including adolescents 56 pursuant to section twenty-five hundred-f-one of this chapter, up toS. 7506--B 111 A. 9506--B 1 five million dollars annually for the periods January first, two thou- 2 sand through December thirty-first, two thousand two, up to five million 3 dollars for the period January first, two thousand three through Decem- 4 ber thirty-first, two thousand three, up to two million five hundred 5 thousand dollars for the period January first, two thousand four through 6 December thirty-first, two thousand four, up to two million five hundred 7 thousand dollars for the period January first, two thousand five through 8 December thirty-first, two thousand five, up to five million dollars for 9 the period January first, two thousand six through December thirty- 10 first, two thousand six, up to five million dollars annually for the 11 period January first, two thousand seven through December thirty-first, 12 two thousand ten, up to one million two hundred fifty thousand dollars 13 for the period January first, two thousand eleven through March thirty- 14 first, two thousand eleven, and up to five million dollars each state 15 fiscal year for the period April first, two thousand eleven through 16 March thirty-first, two thousand fourteen; 17 (d) (i) An amount of up to twenty million dollars annually for the 18 period January first, two thousand through December thirty-first, two 19 thousand six, up to ten million dollars for the period January first, 20 two thousand seven through June thirtieth, two thousand seven, up to 21 twenty million dollars annually for the period January first, two thou- 22 sand eight through December thirty-first, two thousand ten, up to five 23 million dollars for the period January first, two thousand eleven 24 through March thirty-first, two thousand eleven, up to nineteen million 25 six hundred thousand dollars each state fiscal year for the period April 26 first, two thousand eleven through March thirty-first, two thousand 27 fourteen, up to nineteen million six hundred thousand dollars each state 28 fiscal year for the period April first, two thousand fourteen through 29 March thirty-first, two thousand seventeen, [and] up to nineteen million 30 six hundred thousand dollars each state fiscal year for the period of 31 April first, two thousand seventeen through March thirty-first, two 32 thousand twenty, and up to nineteen million six hundred thousand dollars 33 each state fiscal year for the period of April first, two thousand twen- 34 ty through March thirty-first, two thousand twenty-three, shall be 35 transferred to the health facility restructuring pool established pursu- 36 ant to section twenty-eight hundred fifteen of this article; 37 (ii) provided, however, amounts transferred pursuant to subparagraph 38 (i) of this paragraph may be reduced in an amount to be approved by the 39 director of the budget to reflect the amount received from the federal 40 government under the state's 1115 waiver which is directed under its 41 terms and conditions to the health facility restructuring program. 42 (e) Funds shall be reserved and accumulated from year to year and 43 shall be available, including income from invested funds, for purposes 44 of distributions to organizations to support the health workforce 45 retraining program established pursuant to section twenty-eight hundred 46 seven-g of this article from the respective health care initiatives 47 pools established for the following periods in the following amounts 48 from the pools or the health care reform act (HCRA) resources fund, 49 whichever is applicable, during the period January first, nineteen 50 hundred ninety-seven through December thirty-first, nineteen hundred 51 ninety-nine, up to fifty million dollars on an annualized basis, up to 52 thirty million dollars for the period January first, two thousand 53 through December thirty-first, two thousand, up to forty million dollars 54 for the period January first, two thousand one through December thirty- 55 first, two thousand one, up to fifty million dollars for the period 56 January first, two thousand two through December thirty-first, two thou-S. 7506--B 112 A. 9506--B 1 sand two, up to forty-one million one hundred fifty thousand dollars for 2 the period January first, two thousand three through December thirty- 3 first, two thousand three, up to forty-one million one hundred fifty 4 thousand dollars for the period January first, two thousand four through 5 December thirty-first, two thousand four, up to fifty-eight million 6 three hundred sixty thousand dollars for the period January first, two 7 thousand five through December thirty-first, two thousand five, up to 8 fifty-two million three hundred sixty thousand dollars for the period 9 January first, two thousand six through December thirty-first, two thou- 10 sand six, up to thirty-five million four hundred thousand dollars annu- 11 ally for the period January first, two thousand seven through December 12 thirty-first, two thousand ten, up to eight million eight hundred fifty 13 thousand dollars for the period January first, two thousand eleven 14 through March thirty-first, two thousand eleven, up to twenty-eight 15 million four hundred thousand dollars each state fiscal year for the 16 period April first, two thousand eleven through March thirty-first, two 17 thousand fourteen, up to twenty-six million eight hundred seventeen 18 thousand dollars each state fiscal year for the period April first, two 19 thousand fourteen through March thirty-first, two thousand seventeen, 20 [and] up to twenty-six million eight hundred seventeen thousand dollars 21 each state fiscal year for the period April first, two thousand seven- 22 teen through March thirty-first, two thousand twenty, and up to twenty- 23 six million eight hundred seventeen thousand dollars each state fiscal 24 year for the period April first, two thousand twenty through March thir- 25 ty-first, two thousand twenty-three, less the amount of funds available 26 for allocations for rate adjustments for workforce training programs for 27 payments by state governmental agencies for inpatient hospital services. 28 (f) Funds shall be accumulated and transferred from as follows: 29 (i) from the pool for the period January first, nineteen hundred nine- 30 ty-seven through December thirty-first, nineteen hundred ninety-seven, 31 (A) thirty-four million six hundred thousand dollars shall be trans- 32 ferred to funds reserved and accumulated pursuant to paragraph (b) of 33 subdivision nineteen of section twenty-eight hundred seven-c of this 34 article, and (B) eighty-two million dollars shall be transferred and 35 deposited and credited to the credit of the state general fund medical 36 assistance local assistance account; 37 (ii) from the pool for the period January first, nineteen hundred 38 ninety-eight through December thirty-first, nineteen hundred ninety- 39 eight, eighty-two million dollars shall be transferred and deposited and 40 credited to the credit of the state general fund medical assistance 41 local assistance account; 42 (iii) from the pool for the period January first, nineteen hundred 43 ninety-nine through December thirty-first, nineteen hundred ninety-nine, 44 eighty-two million dollars shall be transferred and deposited and cred- 45 ited to the credit of the state general fund medical assistance local 46 assistance account; 47 (iv) from the pool or the health care reform act (HCRA) resources 48 fund, whichever is applicable, for the period January first, two thou- 49 sand through December thirty-first, two thousand four, eighty-two 50 million dollars annually, and for the period January first, two thousand 51 five through December thirty-first, two thousand five, eighty-two 52 million dollars, and for the period January first, two thousand six 53 through December thirty-first, two thousand six, eighty-two million 54 dollars, and for the period January first, two thousand seven through 55 December thirty-first, two thousand seven, eighty-two million dollars, 56 and for the period January first, two thousand eight through DecemberS. 7506--B 113 A. 9506--B 1 thirty-first, two thousand eight, ninety million seven hundred thousand 2 dollars shall be deposited by the commissioner, and the state comp- 3 troller is hereby authorized and directed to receive for deposit to the 4 credit of the state special revenue fund - other, HCRA transfer fund, 5 medical assistance account; 6 (v) from the health care reform act (HCRA) resources fund for the 7 period January first, two thousand nine through December thirty-first, 8 two thousand nine, one hundred eight million nine hundred seventy-five 9 thousand dollars, and for the period January first, two thousand ten 10 through December thirty-first, two thousand ten, one hundred twenty-six 11 million one hundred thousand dollars, for the period January first, two 12 thousand eleven through March thirty-first, two thousand eleven, twenty 13 million five hundred thousand dollars, and for each state fiscal year 14 for the period April first, two thousand eleven through March thirty- 15 first, two thousand fourteen, one hundred forty-six million four hundred 16 thousand dollars, shall be deposited by the commissioner, and the state 17 comptroller is hereby authorized and directed to receive for deposit, to 18 the credit of the state special revenue fund - other, HCRA transfer 19 fund, medical assistance account. 20 (g) Funds shall be transferred to primary health care services pools 21 created by the commissioner, and shall be available, including income 22 from invested funds, for distributions in accordance with former section 23 twenty-eight hundred seven-bb of this article from the respective health 24 care initiatives pools for the following periods in the following 25 percentage amounts of funds remaining after allocations in accordance 26 with paragraphs (a) through (f) of this subdivision: 27 (i) from the pool for the period January first, nineteen hundred nine- 28 ty-seven through December thirty-first, nineteen hundred ninety-seven, 29 fifteen and eighty-seven-hundredths percent; 30 (ii) from the pool for the period January first, nineteen hundred 31 ninety-eight through December thirty-first, nineteen hundred ninety- 32 eight, fifteen and eighty-seven-hundredths percent; and 33 (iii) from the pool for the period January first, nineteen hundred 34 ninety-nine through December thirty-first, nineteen hundred ninety-nine, 35 sixteen and thirteen-hundredths percent. 36 (h) Funds shall be reserved and accumulated from year to year by the 37 commissioner and shall be available, including income from invested 38 funds, for purposes of primary care education and training pursuant to 39 article nine of this chapter from the respective health care initiatives 40 pools established for the following periods in the following percentage 41 amounts of funds remaining after allocations in accordance with para- 42 graphs (a) through (f) of this subdivision and shall be available for 43 distributions as follows: 44 (i) funds shall be reserved and accumulated: 45 (A) from the pool for the period January first, nineteen hundred nine- 46 ty-seven through December thirty-first, nineteen hundred ninety-seven, 47 six and thirty-five-hundredths percent; 48 (B) from the pool for the period January first, nineteen hundred nine- 49 ty-eight through December thirty-first, nineteen hundred ninety-eight, 50 six and thirty-five-hundredths percent; and 51 (C) from the pool for the period January first, nineteen hundred nine- 52 ty-nine through December thirty-first, nineteen hundred ninety-nine, six 53 and forty-five-hundredths percent; 54 (ii) funds shall be available for distributions including income from 55 invested funds as follows:S. 7506--B 114 A. 9506--B 1 (A) for purposes of the primary care physician loan repayment program 2 in accordance with section nine hundred three of this chapter, up to 3 five million dollars on an annualized basis; 4 (B) for purposes of the primary care practitioner scholarship program 5 in accordance with section nine hundred four of this chapter, up to two 6 million dollars on an annualized basis; 7 (C) for purposes of minority participation in medical education grants 8 in accordance with section nine hundred six of this chapter, up to one 9 million dollars on an annualized basis; and 10 (D) provided, however, that the commissioner may reallocate any funds 11 remaining or unallocated for distributions for the primary care practi- 12 tioner scholarship program in accordance with section nine hundred four 13 of this chapter. 14 (i) Funds shall be reserved and accumulated from year to year and 15 shall be available, including income from invested funds, for distrib- 16 utions in accordance with section twenty-nine hundred fifty-two and 17 section twenty-nine hundred fifty-eight of this chapter for rural health 18 care delivery development and rural health care access development, 19 respectively, from the respective health care initiatives pools or the 20 health care reform act (HCRA) resources fund, whichever is applicable, 21 for the following periods in the following percentage amounts of funds 22 remaining after allocations in accordance with paragraphs (a) through 23 (f) of this subdivision, and for periods on and after January first, two 24 thousand, in the following amounts: 25 (i) from the pool for the period January first, nineteen hundred nine- 26 ty-seven through December thirty-first, nineteen hundred ninety-seven, 27 thirteen and forty-nine-hundredths percent; 28 (ii) from the pool for the period January first, nineteen hundred 29 ninety-eight through December thirty-first, nineteen hundred ninety- 30 eight, thirteen and forty-nine-hundredths percent; 31 (iii) from the pool for the period January first, nineteen hundred 32 ninety-nine through December thirty-first, nineteen hundred ninety-nine, 33 thirteen and seventy-one-hundredths percent; 34 (iv) from the pool for the periods January first, two thousand through 35 December thirty-first, two thousand two, seventeen million dollars annu- 36 ally, and for the period January first, two thousand three through 37 December thirty-first, two thousand three, up to fifteen million eight 38 hundred fifty thousand dollars; 39 (v) from the pool or the health care reform act (HCRA) resources fund, 40 whichever is applicable, for the period January first, two thousand four 41 through December thirty-first, two thousand four, up to fifteen million 42 eight hundred fifty thousand dollars, for the period January first, two 43 thousand five through December thirty-first, two thousand five, up to 44 nineteen million two hundred thousand dollars, for the period January 45 first, two thousand six through December thirty-first, two thousand six, 46 up to nineteen million two hundred thousand dollars, for the period 47 January first, two thousand seven through December thirty-first, two 48 thousand ten, up to eighteen million one hundred fifty thousand dollars 49 annually, for the period January first, two thousand eleven through 50 March thirty-first, two thousand eleven, up to four million five hundred 51 thirty-eight thousand dollars, for each state fiscal year for the period 52 April first, two thousand eleven through March thirty-first, two thou- 53 sand fourteen, up to sixteen million two hundred thousand dollars, up to 54 sixteen million two hundred thousand dollars each state fiscal year for 55 the period April first, two thousand fourteen through March thirty- 56 first, two thousand seventeen, [and] up to sixteen million two hundredS. 7506--B 115 A. 9506--B 1 thousand dollars each state fiscal year for the period April first, two 2 thousand seventeen through March thirty-first, two thousand twenty, and 3 up to sixteen million two hundred thousand dollars each state fiscal 4 year for the period April first, two thousand twenty through March thir- 5 ty-first, two thousand twenty-three. 6 (j) Funds shall be reserved and accumulated from year to year and 7 shall be available, including income from invested funds, for purposes 8 of distributions related to health information and health care quality 9 improvement pursuant to former section twenty-eight hundred seven-n of 10 this article from the respective health care initiatives pools estab- 11 lished for the following periods in the following percentage amounts of 12 funds remaining after allocations in accordance with paragraphs (a) 13 through (f) of this subdivision: 14 (i) from the pool for the period January first, nineteen hundred nine- 15 ty-seven through December thirty-first, nineteen hundred ninety-seven, 16 six and thirty-five-hundredths percent; 17 (ii) from the pool for the period January first, nineteen hundred 18 ninety-eight through December thirty-first, nineteen hundred ninety- 19 eight, six and thirty-five-hundredths percent; and 20 (iii) from the pool for the period January first, nineteen hundred 21 ninety-nine through December thirty-first, nineteen hundred ninety-nine, 22 six and forty-five-hundredths percent. 23 (k) Funds shall be reserved and accumulated from year to year and 24 shall be available, including income from invested funds, for allo- 25 cations and distributions in accordance with section twenty-eight 26 hundred seven-p of this article for diagnostic and treatment center 27 uncompensated care from the respective health care initiatives pools or 28 the health care reform act (HCRA) resources fund, whichever is applica- 29 ble, for the following periods in the following percentage amounts of 30 funds remaining after allocations in accordance with paragraphs (a) 31 through (f) of this subdivision, and for periods on and after January 32 first, two thousand, in the following amounts: 33 (i) from the pool for the period January first, nineteen hundred nine- 34 ty-seven through December thirty-first, nineteen hundred ninety-seven, 35 thirty-eight and one-tenth percent; 36 (ii) from the pool for the period January first, nineteen hundred 37 ninety-eight through December thirty-first, nineteen hundred ninety- 38 eight, thirty-eight and one-tenth percent; 39 (iii) from the pool for the period January first, nineteen hundred 40 ninety-nine through December thirty-first, nineteen hundred ninety-nine, 41 thirty-eight and seventy-one-hundredths percent; 42 (iv) from the pool for the periods January first, two thousand through 43 December thirty-first, two thousand two, forty-eight million dollars 44 annually, and for the period January first, two thousand three through 45 June thirtieth, two thousand three, twenty-four million dollars; 46 (v) (A) from the pool or the health care reform act (HCRA) resources 47 fund, whichever is applicable, for the period July first, two thousand 48 three through December thirty-first, two thousand three, up to six 49 million dollars, for the period January first, two thousand four through 50 December thirty-first, two thousand six, up to twelve million dollars 51 annually, for the period January first, two thousand seven through 52 December thirty-first, two thousand thirteen, up to forty-eight million 53 dollars annually, for the period January first, two thousand fourteen 54 through March thirty-first, two thousand fourteen, up to twelve million 55 dollars for the period April first, two thousand fourteen through March 56 thirty-first, two thousand seventeen, up to forty-eight million dollarsS. 7506--B 116 A. 9506--B 1 annually, [and] for the period April first, two thousand seventeen 2 through March thirty-first, two thousand twenty, up to forty-eight 3 million dollars annually, and for the period April first, two thousand 4 twenty through March thirty-first, two thousand twenty-three, up to 5 forty-eight million dollars annually; 6 (B) from the health care reform act (HCRA) resources fund for the 7 period January first, two thousand six through December thirty-first, 8 two thousand six, an additional seven million five hundred thousand 9 dollars, for the period January first, two thousand seven through Decem- 10 ber thirty-first, two thousand thirteen, an additional seven million 11 five hundred thousand dollars annually, for the period January first, 12 two thousand fourteen through March thirty-first, two thousand fourteen, 13 an additional one million eight hundred seventy-five thousand dollars, 14 for the period April first, two thousand fourteen through March thirty- 15 first, two thousand seventeen, an additional seven million five hundred 16 thousand dollars annually, [and] for the period April first, two thou- 17 sand seventeen through March thirty-first, two thousand twenty, an addi- 18 tional seven million five hundred thousand dollars annually, and for the 19 period April first, two thousand twenty through March thirty-first, two 20 thousand twenty-three, an additional seven million five hundred thousand 21 dollars annually for voluntary non-profit diagnostic and treatment 22 center uncompensated care in accordance with subdivision four-c of 23 section twenty-eight hundred seven-p of this article; and 24 (vi) funds reserved and accumulated pursuant to this paragraph for 25 periods on and after July first, two thousand three, shall be deposited 26 by the commissioner, within amounts appropriated, and the state comp- 27 troller is hereby authorized and directed to receive for deposit to the 28 credit of the state special revenue funds - other, HCRA transfer fund, 29 medical assistance account, for purposes of funding the state share of 30 rate adjustments made pursuant to section twenty-eight hundred seven-p 31 of this article, provided, however, that in the event federal financial 32 participation is not available for rate adjustments made pursuant to 33 paragraph (b) of subdivision one of section twenty-eight hundred seven-p 34 of this article, funds shall be distributed pursuant to paragraph (a) of 35 subdivision one of section twenty-eight hundred seven-p of this article 36 from the respective health care initiatives pools or the health care 37 reform act (HCRA) resources fund, whichever is applicable. 38 (l) Funds shall be reserved and accumulated from year to year by the 39 commissioner and shall be available, including income from invested 40 funds, for transfer to and allocation for services and expenses for the 41 payment of benefits to recipients of drugs under the AIDS drug assist- 42 ance program (ADAP) - HIV uninsured care program as administered by 43 Health Research Incorporated from the respective health care initi- 44 atives pools or the health care reform act (HCRA) resources fund, which- 45 ever is applicable, established for the following periods in the follow- 46 ing percentage amounts of funds remaining after allocations in 47 accordance with paragraphs (a) through (f) of this subdivision, and for 48 periods on and after January first, two thousand, in the following 49 amounts: 50 (i) from the pool for the period January first, nineteen hundred nine- 51 ty-seven through December thirty-first, nineteen hundred ninety-seven, 52 nine and fifty-two-hundredths percent; 53 (ii) from the pool for the period January first, nineteen hundred 54 ninety-eight through December thirty-first, nineteen hundred ninety- 55 eight, nine and fifty-two-hundredths percent;S. 7506--B 117 A. 9506--B 1 (iii) from the pool for the period January first, nineteen hundred 2 ninety-nine and December thirty-first, nineteen hundred ninety-nine, 3 nine and sixty-eight-hundredths percent; 4 (iv) from the pool for the periods January first, two thousand through 5 December thirty-first, two thousand two, up to twelve million dollars 6 annually, and for the period January first, two thousand three through 7 December thirty-first, two thousand three, up to forty million dollars; 8 and 9 (v) from the pool or the health care reform act (HCRA) resources fund, 10 whichever is applicable, for the periods January first, two thousand 11 four through December thirty-first, two thousand four, up to fifty-six 12 million dollars, for the period January first, two thousand five through 13 December thirty-first, two thousand six, up to sixty million dollars 14 annually, for the period January first, two thousand seven through 15 December thirty-first, two thousand ten, up to sixty million dollars 16 annually, for the period January first, two thousand eleven through 17 March thirty-first, two thousand eleven, up to fifteen million dollars, 18 each state fiscal year for the period April first, two thousand eleven 19 through March thirty-first, two thousand fourteen, up to forty-two 20 million three hundred thousand dollars and up to forty-one million fifty 21 thousand dollars each state fiscal year for the period April first, two 22 thousand fourteen through March thirty-first, two thousand [twenty] 23 twenty-three. 24 (m) Funds shall be reserved and accumulated from year to year and 25 shall be available, including income from invested funds, for purposes 26 of distributions pursuant to section twenty-eight hundred seven-r of 27 this article for cancer related services from the respective health care 28 initiatives pools or the health care reform act (HCRA) resources fund, 29 whichever is applicable, established for the following periods in the 30 following percentage amounts of funds remaining after allocations in 31 accordance with paragraphs (a) through (f) of this subdivision, and for 32 periods on and after January first, two thousand, in the following 33 amounts: 34 (i) from the pool for the period January first, nineteen hundred nine- 35 ty-seven through December thirty-first, nineteen hundred ninety-seven, 36 seven and ninety-four-hundredths percent; 37 (ii) from the pool for the period January first, nineteen hundred 38 ninety-eight through December thirty-first, nineteen hundred ninety- 39 eight, seven and ninety-four-hundredths percent; 40 (iii) from the pool for the period January first, nineteen hundred 41 ninety-nine and December thirty-first, nineteen hundred ninety-nine, six 42 and forty-five-hundredths percent; 43 (iv) from the pool for the period January first, two thousand through 44 December thirty-first, two thousand two, up to ten million dollars on an 45 annual basis; 46 (v) from the pool for the period January first, two thousand three 47 through December thirty-first, two thousand four, up to eight million 48 nine hundred fifty thousand dollars on an annual basis; 49 (vi) from the pool or the health care reform act (HCRA) resources 50 fund, whichever is applicable, for the period January first, two thou- 51 sand five through December thirty-first, two thousand six, up to ten 52 million fifty thousand dollars on an annual basis, for the period Janu- 53 ary first, two thousand seven through December thirty-first, two thou- 54 sand ten, up to nineteen million dollars annually, and for the period 55 January first, two thousand eleven through March thirty-first, two thou- 56 sand eleven, up to four million seven hundred fifty thousand dollars.S. 7506--B 118 A. 9506--B 1 (n) Funds shall be accumulated and transferred from the health care 2 reform act (HCRA) resources fund as follows: for the period April first, 3 two thousand seven through March thirty-first, two thousand eight, and 4 on an annual basis for the periods April first, two thousand eight 5 through November thirtieth, two thousand nine, funds within amounts 6 appropriated shall be transferred and deposited and credited to the 7 credit of the state special revenue funds - other, HCRA transfer fund, 8 medical assistance account, for purposes of funding the state share of 9 rate adjustments made to public and voluntary hospitals in accordance 10 with paragraphs (i) and (j) of subdivision one of section twenty-eight 11 hundred seven-c of this article. 12 2. Notwithstanding any inconsistent provision of law, rule or regu- 13 lation, any funds accumulated in the health care initiatives pools 14 pursuant to paragraph (b) of subdivision nine of section twenty-eight 15 hundred seven-j of this article, as a result of surcharges, assessments 16 or other obligations during the periods January first, nineteen hundred 17 ninety-seven through December thirty-first, nineteen hundred ninety- 18 nine, which are unused or uncommitted for distributions pursuant to this 19 section shall be reserved and accumulated from year to year by the 20 commissioner and, within amounts appropriated, transferred and deposited 21 into the special revenue funds - other, miscellaneous special revenue 22 fund - 339, child health insurance account or any successor fund or 23 account, for purposes of distributions to implement the child health 24 insurance program established pursuant to sections twenty-five hundred 25 ten and twenty-five hundred eleven of this chapter for periods on and 26 after January first, two thousand one; provided, however, funds reserved 27 and accumulated for priority distributions pursuant to subparagraph 28 (iii) of paragraph (c) of subdivision one of this section shall not be 29 transferred and deposited into such account pursuant to this subdivi- 30 sion; and provided further, however, that any unused or uncommitted pool 31 funds accumulated and allocated pursuant to paragraph (j) of subdivision 32 one of this section shall be distributed for purposes of the health 33 information and quality improvement act of 2000. 34 3. Revenue from distributions pursuant to this section shall not be 35 included in gross revenue received for purposes of the assessments 36 pursuant to subdivision eighteen of section twenty-eight hundred seven-c 37 of this article, subject to the provisions of paragraph (e) of subdivi- 38 sion eighteen of section twenty-eight hundred seven-c of this article, 39 and shall not be included in gross revenue received for purposes of the 40 assessments pursuant to section twenty-eight hundred seven-d of this 41 article, subject to the provisions of subdivision twelve of section 42 twenty-eight hundred seven-d of this article. 43 § 6. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and 44 (d) of subdivision 5 and subdivisions 5-a and 12 of section 2807-m of 45 the public health law, subdivision 1 as amended by section 16 of part B 46 of chapter 58 of the laws of 2008, the opening paragraph of paragraph 47 (s) of subdivision 1 as amended by section 95 and paragraph (f) of 48 subdivision 3 as amended by section 97 of part C of chapter 58 of the 49 laws of 2009, paragraph (a) of subdivision 5 as amended by section 75-b 50 of part C of chapter 58 of the laws of 2008, paragraph (d) of subdivi- 51 sion 5 as added by section 10-a of part E of chapter 63 of the laws of 52 2005, subdivision 5-a as amended by section 6 of part H of chapter 57 of 53 the laws of 2017 and subdivision 12 as added by section 3 of part R of 54 chapter 59 of the laws of 2016, are amended to read as follows: 55 1. Definitions. For purposes of this section, the following defi- 56 nitions shall apply, unless the context clearly requires otherwise:S. 7506--B 119 A. 9506--B 1 (a) "Clinical research" means patient-oriented research, epidemiologic 2 and behavioral studies, or outcomes research and health services 3 research that is approved by an institutional review board by the time 4 the clinical research position is filled. 5 (b) "Clinical research plan" means a plan submitted by a consortium or 6 teaching general hospital for a clinical research position which demon- 7 strates, in a form to be provided by the commissioner, the following: 8 (i) financial support for overhead, supervision, equipment and other 9 resources equal to the amount of funding provided pursuant to subpara- 10 graph (i) of paragraph (b) of subdivision five-a of this section by the 11 teaching general hospital or consortium for the clinical research posi- 12 tion; 13 (ii) experience the sponsor-mentor and teaching general hospital has 14 in clinical research and the medical field of the study; 15 (iii) methods, data collection and anticipated measurable outcomes of 16 the clinical research to be performed; 17 (iv) training goals, objectives and experience the researcher will be 18 provided to assess a future career in clinical research; 19 (v) scientific relevance, merit and health implications of the 20 research to be performed; 21 (vi) information on potential scientific meetings and peer review 22 journals where research results can be disseminated; 23 (vii) clear and comprehensive details on the clinical research posi- 24 tion; 25 (viii) qualifications necessary for the clinical research position and 26 strategy for recruitment; 27 (ix) non-duplication with other clinical research positions from the 28 same teaching general hospital or consortium; 29 (x) methods to track the career of the clinical researcher once the 30 term of the position is complete; and 31 (xi) any other information required by the commissioner to implement 32 subparagraph (i) of paragraph (b) of subdivision five-a of this section. 33 (xii) The clinical review plan submitted in accordance with this para- 34 graph may be reviewed by the commissioner in consultation with experts 35 outside the department of health. 36 (c) "Clinical research position" means a post-graduate residency posi- 37 tion which: 38 (i) shall not be required in order for the researcher to complete a 39 graduate medical education program; 40 (ii) may be reimbursed by other sources but only for costs in excess 41 of the funding distributed in accordance with subparagraph (i) of para- 42 graph (b) of subdivision five-a of this section; 43 (iii) shall exceed the minimum standards that are required by the 44 residency review committee in the specialty the researcher has trained 45 or is currently training; 46 (iv) shall not be previously funded by the teaching general hospital 47 or supported by another funding source at the teaching general hospital 48 in the past three years from the date the clinical research plan is 49 submitted to the commissioner; 50 (v) may supplement an existing research project; 51 (vi) shall be equivalent to a full-time position comprising of no less 52 than thirty-five hours per week for one or two years; 53 (vii) shall provide, or be filled by a researcher who has formalized 54 instruction in clinical research, including biostatistics, clinical 55 trial design, grant writing and research ethics;S. 7506--B 120 A. 9506--B 1 (viii) shall be supervised by a sponsor-mentor who shall either (A) be 2 employed, contracted for employment or paid through an affiliated facul- 3 ty practice plan by a teaching general hospital which has received at 4 least one research grant from the National Institutes of Health in the 5 past five years from the date the clinical research plan is submitted to 6 the commissioner; (B) maintain a faculty appointment at a medical, 7 dental or podiatric school located in New York state that has received 8 at least one research grant from the National Institutes of Health in 9 the past five years from the date the clinical research plan is submit- 10 ted to the commissioner; or (C) be collaborating in the clinical 11 research plan with a researcher from another institution that has 12 received at least one research grant from the National Institutes of 13 Health in the past five years from the date the clinical research plan 14 is submitted to the commissioner; and 15 (ix) shall be filled by a researcher who is (A) enrolled or has 16 completed a graduate medical education program, as defined in paragraph 17 (i) of this subdivision; (B) a United States citizen, national, or 18 permanent resident of the United States; and (C) a graduate of a 19 medical, dental or podiatric school located in New York state, a gradu- 20 ate or resident in a graduate medical education program, as defined in 21 paragraph (i) of this subdivision, where the sponsoring institution, as 22 defined in paragraph (q) of this subdivision, is located in New York 23 state, or resides in New York state at the time the clinical research 24 plan is submitted to the commissioner. 25 (d) "Consortium" means an organization or association, approved by the 26 commissioner in consultation with the council, of general hospitals 27 which provide graduate medical education, together with any affiliated 28 site; provided that such organization or association may also include 29 other providers of health care services, medical schools, payors or 30 consumers, and which meet other criteria pursuant to subdivision six of 31 this section. 32 (e) "Council" means the New York state council on graduate medical 33 education. 34 (f) "Direct medical education" means the direct costs of residents, 35 interns and supervising physicians. 36 (g) "Distribution period" means each calendar year set forth in subdi- 37 vision two of this section. 38 (h) "Faculty" means persons who are employed by or under contract for 39 employment with a teaching general hospital or are paid through a teach- 40 ing general hospital's affiliated faculty practice plan and maintain a 41 faculty appointment at a medical school. Such persons shall not be 42 limited to persons with a degree in medicine. 43 (i) "Graduate medical education program" means[, for purposes of44subparagraph (i) of paragraph (b) of subdivision five-a of this45section,] a post-graduate medical education residency in the United 46 States which has received accreditation from a nationally recognized 47 accreditation body or has been approved by a nationally recognized 48 organization for medical, osteopathic, podiatric or dental residency 49 programs including, but not limited to, specialty boards. 50 (j) "Indirect medical education" means the estimate of costs, other 51 than direct costs, of educational activities in teaching hospitals as 52 determined in accordance with the methodology applicable for purposes of 53 determining an estimate of indirect medical education costs for 54 reimbursement for inpatient hospital service pursuant to title XVIII of 55 the federal social security act (medicare).S. 7506--B 121 A. 9506--B 1 (k) "Medicare" means the methodology used for purposes of reimbursing 2 inpatient hospital services provided to beneficiaries of title XVIII of 3 the federal social security act. 4 (l) "Primary care" residents specialties shall include family medi- 5 cine, general pediatrics, primary care internal medicine, and primary 6 care obstetrics and gynecology. In determining whether a residency is in 7 primary care, the commissioner shall consult with the council. 8 (m) "Regions", for purposes of this section, shall mean the regions as 9 defined in paragraph (b) of subdivision sixteen of section twenty-eight 10 hundred seven-c of this article as in effect on June thirtieth, nineteen 11 hundred ninety-six. For purposes of distributions pursuant to subdivi- 12 sion five-a of this section, except distributions made in accordance 13 with paragraph (a) of subdivision five-a of this section, "regions" 14 shall be defined as New York city and the rest of the state. 15 (n) "Regional pool" means a professional education pool established on 16 a regional basis by the commissioner from funds available pursuant to 17 sections twenty-eight hundred seven-s and twenty-eight hundred seven-t 18 of this article. 19 (o) "Resident" means a person in a graduate medical education program 20 which has received accreditation from a nationally recognized accredi- 21 tation body or in a program approved by any other nationally recognized 22 organization for medical, osteopathic or dental residency programs 23 including, but not limited to, specialty boards. 24 (p) "Shortage specialty" means a specialty determined by the commis- 25 sioner, in consultation with the council, to be in short supply in the 26 state of New York. 27 (q) "Sponsoring institution" means the entity that has the overall 28 responsibility for a program of graduate medical education. Such insti- 29 tutions shall include teaching general hospitals, medical schools, 30 consortia and diagnostic and treatment centers. 31 (r) "Weighted resident count" means a teaching general hospital's 32 total number of residents as of July first, nineteen hundred ninety- 33 five, including residents in affiliated non-hospital ambulatory 34 settings, reported to the commissioner. Such resident counts shall 35 reflect the weights established in accordance with rules and regulations 36 adopted by the state hospital review and planning council and approved 37 by the commissioner for purposes of implementing subdivision twenty-five 38 of section twenty-eight hundred seven-c of this article and in effect on 39 July first, nineteen hundred ninety-five. Such weights shall not be 40 applied to specialty hospitals, specified by the commissioner, whose 41 primary care mission is to engage in research, training and clinical 42 care in specialty eye and ear, special surgery, orthopedic, joint 43 disease, cancer, chronic care or rehabilitative services. 44 (s) "Adjustment amount" means an amount determined for each teaching 45 hospital for periods prior to January first, two thousand nine by: 46 (i) determining the difference between (A) a calculation of what each 47 teaching general hospital would have been paid if payments made pursuant 48 to paragraph (a-3) of subdivision one of section twenty-eight hundred 49 seven-c of this article between January first, nineteen hundred ninety- 50 six and December thirty-first, two thousand three were based solely on 51 the case mix of persons eligible for medical assistance under the 52 medical assistance program pursuant to title eleven of article five of 53 the social services law who are enrolled in health maintenance organiza- 54 tions and persons paid for under the family health plus program enrolled 55 in approved organizations pursuant to title eleven-D of article five of 56 the social services law during those years, and (B) the actual paymentsS. 7506--B 122 A. 9506--B 1 to each such hospital pursuant to paragraph (a-3) of subdivision one of 2 section twenty-eight hundred seven-c of this article between January 3 first, nineteen hundred ninety-six and December thirty-first, two thou- 4 sand three. 5 (ii) reducing proportionally each of the amounts determined in subpar- 6 agraph (i) of this paragraph so that the sum of all such amounts totals 7 no more than one hundred million dollars; 8 (iii) further reducing each of the amounts determined in subparagraph 9 (ii) of this paragraph by the amount received by each hospital as a 10 distribution from funds designated in paragraph (a) of subdivision five 11 of this section attributable to the period January first, two thousand 12 three through December thirty-first, two thousand three, except that if 13 such amount was provided to a consortium then the amount of the 14 reduction for each hospital in the consortium shall be determined by 15 applying the proportion of each hospital's amount determined under 16 subparagraph (i) of this paragraph to the total of such amounts of all 17 hospitals in such consortium to the consortium award; 18 (iv) further reducing each of the amounts determined in subparagraph 19 (iii) of this paragraph by the amounts specified in paragraph (t) of 20 this subdivision; and 21 (v) dividing each of the amounts determined in subparagraph (iii) of 22 this paragraph by seven. 23 (t) "Extra reduction amount" shall mean an amount determined for a 24 teaching hospital for which an adjustment amount is calculated pursuant 25 to paragraph (s) of this subdivision that is the hospital's propor- 26 tionate share of the sum of the amounts specified in paragraph (u) of 27 this subdivision determined based upon a comparison of the hospital's 28 remaining liability calculated pursuant to paragraph (s) of this subdi- 29 vision to the sum of all such hospital's remaining liabilities. 30 (u) "Allotment amount" shall mean an amount determined for teaching 31 hospitals as follows: 32 (i) for a hospital for which an adjustment amount pursuant to para- 33 graph (s) of this subdivision does not apply, the amount received by the 34 hospital pursuant to paragraph (a) of subdivision five of this section 35 attributable to the period January first, two thousand three through 36 December thirty-first, two thousand three, or 37 (ii) for a hospital for which an adjustment amount pursuant to para- 38 graph (s) of this subdivision applies and which received a distribution 39 pursuant to paragraph (a) of subdivision five of this section attribut- 40 able to the period January first, two thousand three through December 41 thirty-first, two thousand three that is greater than the hospital's 42 adjustment amount, the difference between the distribution amount and 43 the adjustment amount. 44 (f) Effective January first, two thousand five through December thir- 45 ty-first, two thousand eight, each teaching general hospital shall 46 receive a distribution from the applicable regional pool based on its 47 distribution amount determined under paragraphs (c), (d) and (e) of this 48 subdivision and reduced by its adjustment amount calculated pursuant to 49 paragraph (s) of subdivision one of this section and, for distributions 50 for the period January first, two thousand five through December thir- 51 ty-first, two thousand five, further reduced by its extra reduction 52 amount calculated pursuant to paragraph (t) of subdivision one of this 53 section. 54 (a) Up to thirty-one million dollars annually for the periods January 55 first, two thousand through December thirty-first, two thousand three, 56 and up to twenty-five million dollars plus the sum of the amounts speci-S. 7506--B 123 A. 9506--B 1 fied in paragraph (n) of subdivision one of this section for the period 2 January first, two thousand five through December thirty-first, two 3 thousand five, and up to thirty-one million dollars annually for the 4 period January first, two thousand six through December thirty-first, 5 two thousand seven, shall be set aside and reserved by the commissioner 6 from the regional pools established pursuant to subdivision two of this 7 section for supplemental distributions in each such region to be made by 8 the commissioner to consortia and teaching general hospitals in accord- 9 ance with a distribution methodology developed in consultation with the 10 council and specified in rules and regulations adopted by the commis- 11 sioner. 12 (d) Notwithstanding any other provision of law or regulation, for the 13 period January first, two thousand five through December thirty-first, 14 two thousand five, the commissioner shall distribute as supplemental 15 payments the allotment specified in paragraph (n) of subdivision one of 16 this section. 17 5-a. Graduate medical education innovations pool. (a) Supplemental 18 distributions. (i) Thirty-one million dollars for the period January 19 first, two thousand eight through December thirty-first, two thousand 20 eight, shall be set aside and reserved by the commissioner from the 21 regional pools established pursuant to subdivision two of this section 22 and shall be available for distributions pursuant to subdivision five of 23 this section and in accordance with section 86-1.89 of title 10 of the 24 codes, rules and regulations of the state of New York as in effect on 25 January first, two thousand eight; provided, however, for purposes of 26 funding the empire clinical research investigation program (ECRIP) in 27 accordance with paragraph eight of subdivision (e) and paragraph two of 28 subdivision (f) of section 86-1.89 of title 10 of the codes, rules and 29 regulations of the state of New York, distributions shall be made using 30 two regions defined as New York city and the rest of the state and the 31 dollar amount set forth in subparagraph (i) of paragraph two of subdivi- 32 sion (f) of section 86-1.89 of title 10 of the codes, rules and regu- 33 lations of the state of New York shall be increased from sixty thousand 34 dollars to seventy-five thousand dollars. 35 (ii) For periods on and after January first, two thousand nine, 36 supplemental distributions pursuant to subdivision five of this section 37 and in accordance with section 86-1.89 of title 10 of the codes, rules 38 and regulations of the state of New York shall no longer be made and the 39 provisions of section 86-1.89 of title 10 of the codes, rules and regu- 40 lations of the state of New York shall be null and void. 41 (b) Empire clinical research investigator program (ECRIP). Nine 42 million one hundred twenty thousand dollars annually for the period 43 January first, two thousand nine through December thirty-first, two 44 thousand ten, and two million two hundred eighty thousand dollars for 45 the period January first, two thousand eleven, through March thirty- 46 first, two thousand eleven, nine million one hundred twenty thousand 47 dollars each state fiscal year for the period April first, two thousand 48 eleven through March thirty-first, two thousand fourteen, up to eight 49 million six hundred twelve thousand dollars each state fiscal year for 50 the period April first, two thousand fourteen through March thirty- 51 first, two thousand seventeen, [and] up to eight million six hundred 52 twelve thousand dollars each state fiscal year for the period April 53 first, two thousand seventeen through March thirty-first, two thousand 54 twenty, and up to eight million six hundred twelve thousand dollars each 55 state fiscal year for the period April first, two thousand twenty 56 through March thirty-first, two thousand twenty-three, shall be setS. 7506--B 124 A. 9506--B 1 aside and reserved by the commissioner from the regional pools estab- 2 lished pursuant to subdivision two of this section to be allocated 3 regionally with two-thirds of the available funding going to New York 4 city and one-third of the available funding going to the rest of the 5 state and shall be available for distribution as follows: 6 Distributions shall first be made to consortia and teaching general 7 hospitals for the empire clinical research investigator program (ECRIP) 8 to help secure federal funding for biomedical research, train clinical 9 researchers, recruit national leaders as faculty to act as mentors, and 10 train residents and fellows in biomedical research skills based on 11 hospital-specific data submitted to the commissioner by consortia and 12 teaching general hospitals in accordance with clause (G) of this subpar- 13 agraph. Such distributions shall be made in accordance with the follow- 14 ing methodology: 15 (A) The greatest number of clinical research positions for which a 16 consortium or teaching general hospital may be funded pursuant to this 17 subparagraph shall be one percent of the total number of residents 18 training at the consortium or teaching general hospital on July first, 19 two thousand eight for the period January first, two thousand nine 20 through December thirty-first, two thousand nine rounded up to the near- 21 est one position. 22 (B) Distributions made to a consortium or teaching general hospital 23 shall equal the product of the total number of clinical research posi- 24 tions submitted by a consortium or teaching general hospital and 25 accepted by the commissioner as meeting the criteria set forth in para- 26 graph (b) of subdivision one of this section, subject to the reduction 27 calculation set forth in clause (C) of this subparagraph, times one 28 hundred ten thousand dollars. 29 (C) If the dollar amount for the total number of clinical research 30 positions in the region calculated pursuant to clause (B) of this 31 subparagraph exceeds the total amount appropriated for purposes of this 32 paragraph, including clinical research positions that continue from and 33 were funded in prior distribution periods, the commissioner shall elimi- 34 nate one-half of the clinical research positions submitted by each 35 consortium or teaching general hospital rounded down to the nearest one 36 position. Such reduction shall be repeated until the dollar amount for 37 the total number of clinical research positions in the region does not 38 exceed the total amount appropriated for purposes of this paragraph. If 39 the repeated reduction of the total number of clinical research posi- 40 tions in the region by one-half does not render a total funding amount 41 that is equal to or less than the total amount reserved for that region 42 within the appropriation, the funding for each clinical research posi- 43 tion in that region shall be reduced proportionally in one thousand 44 dollar increments until the total dollar amount for the total number of 45 clinical research positions in that region does not exceed the total 46 amount reserved for that region within the appropriation. Any reduction 47 in funding will be effective for the duration of the award. No clinical 48 research positions that continue from and were funded in prior distrib- 49 ution periods shall be eliminated or reduced by such methodology. 50 (D) Each consortium or teaching general hospital shall receive its 51 annual distribution amount in accordance with the following: 52 (I) Each consortium or teaching general hospital with a one-year ECRIP 53 award shall receive its annual distribution amount in full upon 54 completion of the requirements set forth in items (I) and (II) of clause 55 (G) of this subparagraph. The requirements set forth in items (IV) and 56 (V) of clause (G) of this subparagraph must be completed by the consor-S. 7506--B 125 A. 9506--B 1 tium or teaching general hospital in order for the consortium or teach- 2 ing general hospital to be eligible to apply for ECRIP funding in any 3 subsequent funding cycle. 4 (II) Each consortium or teaching general hospital with a two-year 5 ECRIP award shall receive its first annual distribution amount in full 6 upon completion of the requirements set forth in items (I) and (II) of 7 clause (G) of this subparagraph. Each consortium or teaching general 8 hospital will receive its second annual distribution amount in full upon 9 completion of the requirements set forth in item (III) of clause (G) of 10 this subparagraph. The requirements set forth in items (IV) and (V) of 11 clause (G) of this subparagraph must be completed by the consortium or 12 teaching general hospital in order for the consortium or teaching gener- 13 al hospital to be eligible to apply for ECRIP funding in any subsequent 14 funding cycle. 15 (E) Each consortium or teaching general hospital receiving distrib- 16 utions pursuant to this subparagraph shall reserve seventy-five thousand 17 dollars to primarily fund salary and fringe benefits of the clinical 18 research position with the remainder going to fund the development of 19 faculty who are involved in biomedical research, training and clinical 20 care. 21 (F) Undistributed or returned funds available to fund clinical 22 research positions pursuant to this paragraph for a distribution period 23 shall be available to fund clinical research positions in a subsequent 24 distribution period. 25 (G) In order to be eligible for distributions pursuant to this subpar- 26 agraph, each consortium and teaching general hospital shall provide to 27 the commissioner by July first of each distribution period, the follow- 28 ing data and information on a hospital-specific basis. Such data and 29 information shall be certified as to accuracy and completeness by the 30 chief executive officer, chief financial officer or chair of the consor- 31 tium governing body of each consortium or teaching general hospital and 32 shall be maintained by each consortium and teaching general hospital for 33 five years from the date of submission: 34 (I) For each clinical research position, information on the type, 35 scope, training objectives, institutional support, clinical research 36 experience of the sponsor-mentor, plans for submitting research outcomes 37 to peer reviewed journals and at scientific meetings, including a meet- 38 ing sponsored by the department, the name of a principal contact person 39 responsible for tracking the career development of researchers placed in 40 clinical research positions, as defined in paragraph (c) of subdivision 41 one of this section, and who is authorized to certify to the commission- 42 er that all the requirements of the clinical research training objec- 43 tives set forth in this subparagraph shall be met. Such certification 44 shall be provided by July first of each distribution period; 45 (II) For each clinical research position, information on the name, 46 citizenship status, medical education and training, and medical license 47 number of the researcher, if applicable, shall be provided by December 48 thirty-first of the calendar year following the distribution period; 49 (III) Information on the status of the clinical research plan, accom- 50 plishments, changes in research activities, progress, and performance of 51 the researcher shall be provided upon completion of one-half of the 52 award term; 53 (IV) A final report detailing training experiences, accomplishments, 54 activities and performance of the clinical researcher, and data, meth- 55 ods, results and analyses of the clinical research plan shall be 56 provided three months after the clinical research position ends; andS. 7506--B 126 A. 9506--B 1 (V) Tracking information concerning past researchers, including but 2 not limited to (A) background information, (B) employment history, (C) 3 research status, (D) current research activities, (E) publications and 4 presentations, (F) research support, and (G) any other information 5 necessary to track the researcher; and 6 (VI) Any other data or information required by the commissioner to 7 implement this subparagraph. 8 (H) Notwithstanding any inconsistent provision of this subdivision, 9 for periods on and after April first, two thousand thirteen, ECRIP grant 10 awards shall be made in accordance with rules and regulations promulgat- 11 ed by the commissioner. Such regulations shall, at a minimum: 12 (1) provide that ECRIP grant awards shall be made with the objective 13 of securing federal funding for biomedical research, training clinical 14 researchers, recruiting national leaders as faculty to act as mentors, 15 and training residents and fellows in biomedical research skills; 16 (2) provide that ECRIP grant applicants may include interdisciplinary 17 research teams comprised of teaching general hospitals acting in collab- 18 oration with entities including but not limited to medical centers, 19 hospitals, universities and local health departments; 20 (3) provide that applications for ECRIP grant awards shall be based on 21 such information requested by the commissioner, which shall include but 22 not be limited to hospital-specific data; 23 (4) establish the qualifications for investigators and other staff 24 required for grant projects eligible for ECRIP grant awards; and 25 (5) establish a methodology for the distribution of funds under ECRIP 26 grant awards. 27 [(c) Ambulatory care training. Four million nine hundred thousand28dollars for the period January first, two thousand eight through Decem-29ber thirty-first, two thousand eight, four million nine hundred thousand30dollars for the period January first, two thousand nine through December31thirty-first, two thousand nine, four million nine hundred thousand32dollars for the period January first, two thousand ten through December33thirty-first, two thousand ten, one million two hundred twenty-five34thousand dollars for the period January first, two thousand eleven35through March thirty-first, two thousand eleven, four million three36hundred thousand dollars each state fiscal year for the period April37first, two thousand eleven through March thirty-first, two thousand38fourteen, up to four million sixty thousand dollars each state fiscal39year for the period April first, two thousand fourteen through March40thirty-first, two thousand seventeen, and up to four million sixty thou-41sand dollars each fiscal year for the period April first, two thousand42seventeen through March thirty-first, two thousand twenty, shall be set43aside and reserved by the commissioner from the regional pools estab-44lished pursuant to subdivision two of this section and shall be avail-45able for distributions to sponsoring institutions to be directed to46support clinical training of medical students and residents in free-47standing ambulatory care settings, including community health centers48and private practices. Such funding shall be allocated regionally with49two-thirds of the available funding going to New York city and one-third50of the available funding going to the rest of the state and shall be51distributed to sponsoring institutions in each region pursuant to a52request for application or request for proposal process with preference53being given to sponsoring institutions which provide training in sites54located in underserved rural or inner-city areas and those that include55medical students in such training.]S. 7506--B 127 A. 9506--B 1 [(d)] (c) Physician loan repayment program. One million nine hundred 2 sixty thousand dollars for the period January first, two thousand eight 3 through December thirty-first, two thousand eight, one million nine 4 hundred sixty thousand dollars for the period January first, two thou- 5 sand nine through December thirty-first, two thousand nine, one million 6 nine hundred sixty thousand dollars for the period January first, two 7 thousand ten through December thirty-first, two thousand ten, four 8 hundred ninety thousand dollars for the period January first, two thou- 9 sand eleven through March thirty-first, two thousand eleven, one million 10 seven hundred thousand dollars each state fiscal year for the period 11 April first, two thousand eleven through March thirty-first, two thou- 12 sand fourteen, up to one million seven hundred five thousand dollars 13 each state fiscal year for the period April first, two thousand fourteen 14 through March thirty-first, two thousand seventeen, [and] up to one 15 million seven hundred five thousand dollars each state fiscal year for 16 the period April first, two thousand seventeen through March thirty- 17 first, two thousand twenty, and up to one million seven hundred five 18 thousand dollars each state fiscal year for the period April first, two 19 thousand twenty through March thirty-first, two thousand twenty-three, 20 shall be set aside and reserved by the commissioner from the regional 21 pools established pursuant to subdivision two of this section and shall 22 be available for purposes of physician loan repayment in accordance with 23 subdivision ten of this section. Notwithstanding any contrary provision 24 of this section, sections one hundred twelve and one hundred sixty-three 25 of the state finance law, or any other contrary provision of law, such 26 funding shall be allocated regionally with one-third of available funds 27 going to New York city and two-thirds of available funds going to the 28 rest of the state and shall be distributed in a manner to be determined 29 by the commissioner without a competitive bid or request for proposal 30 process as follows: 31 (i) Funding shall first be awarded to repay loans of up to twenty-five 32 physicians who train in primary care or specialty tracks in teaching 33 general hospitals, and who enter and remain in primary care or specialty 34 practices in underserved communities, as determined by the commissioner. 35 (ii) After distributions in accordance with subparagraph (i) of this 36 paragraph, all remaining funds shall be awarded to repay loans of physi- 37 cians who enter and remain in primary care or specialty practices in 38 underserved communities, as determined by the commissioner, including 39 but not limited to physicians working in general hospitals, or other 40 health care facilities. 41 (iii) In no case shall less than fifty percent of the funds available 42 pursuant to this paragraph be distributed in accordance with subpara- 43 graphs (i) and (ii) of this paragraph to physicians identified by gener- 44 al hospitals. 45 (iv) In addition to the funds allocated under this paragraph, for the 46 period April first, two thousand fifteen through March thirty-first, two 47 thousand sixteen, two million dollars shall be available for the 48 purposes described in subdivision ten of this section; 49 (v) In addition to the funds allocated under this paragraph, for the 50 period April first, two thousand sixteen through March thirty-first, two 51 thousand seventeen, two million dollars shall be available for the 52 purposes described in subdivision ten of this section; 53 (vi) Notwithstanding any provision of law to the contrary, and subject 54 to the extension of the Health Care Reform Act of 1996, sufficient funds 55 shall be available for the purposes described in subdivision ten of thisS. 7506--B 128 A. 9506--B 1 section in amounts necessary to fund the remaining year commitments for 2 awards made pursuant to subparagraphs (iv) and (v) of this paragraph. 3 [(e)] (d) Physician practice support. Four million nine hundred thou- 4 sand dollars for the period January first, two thousand eight through 5 December thirty-first, two thousand eight, four million nine hundred 6 thousand dollars annually for the period January first, two thousand 7 nine through December thirty-first, two thousand ten, one million two 8 hundred twenty-five thousand dollars for the period January first, two 9 thousand eleven through March thirty-first, two thousand eleven, four 10 million three hundred thousand dollars each state fiscal year for the 11 period April first, two thousand eleven through March thirty-first, two 12 thousand fourteen, up to four million three hundred sixty thousand 13 dollars each state fiscal year for the period April first, two thousand 14 fourteen through March thirty-first, two thousand seventeen, [and] up to 15 four million three hundred sixty thousand dollars for each state fiscal 16 year for the period April first, two thousand seventeen through March 17 thirty-first, two thousand twenty, and up to four million three hundred 18 sixty thousand dollars for each fiscal year for the period April first, 19 two thousand twenty through March thirty-first, two thousand twenty- 20 three, shall be set aside and reserved by the commissioner from the 21 regional pools established pursuant to subdivision two of this section 22 and shall be available for purposes of physician practice support. 23 Notwithstanding any contrary provision of this section, sections one 24 hundred twelve and one hundred sixty-three of the state finance law, or 25 any other contrary provision of law, such funding shall be allocated 26 regionally with one-third of available funds going to New York city and 27 two-thirds of available funds going to the rest of the state and shall 28 be distributed in a manner to be determined by the commissioner without 29 a competitive bid or request for proposal process as follows: 30 (i) Preference in funding shall first be accorded to teaching general 31 hospitals for up to twenty-five awards, to support costs incurred by 32 physicians trained in primary or specialty tracks who thereafter estab- 33 lish or join practices in underserved communities, as determined by the 34 commissioner. 35 (ii) After distributions in accordance with subparagraph (i) of this 36 paragraph, all remaining funds shall be awarded to physicians to support 37 the cost of establishing or joining practices in underserved communi- 38 ties, as determined by the commissioner, and to hospitals and other 39 health care providers to recruit new physicians to provide services in 40 underserved communities, as determined by the commissioner. 41 (iii) In no case shall less than fifty percent of the funds available 42 pursuant to this paragraph be distributed to general hospitals in 43 accordance with subparagraphs (i) and (ii) of this paragraph. 44 [(e-1)] (e) Work group. For funding available pursuant to paragraphs 45 (c) and (d) (e) of this subdivision: 46 (i) The department shall appoint a work group from recommendations 47 made by associations representing physicians, general hospitals and 48 other health care facilities to develop a streamlined application proc- 49 ess by June first, two thousand twelve. 50 (ii) Subject to available funding, applications shall be accepted on a 51 continuous basis. The department shall provide technical assistance to 52 applicants to facilitate their completion of applications. An applicant 53 shall be notified in writing by the department within ten days of 54 receipt of an application as to whether the application is complete and 55 if the application is incomplete, what information is outstanding. TheS. 7506--B 129 A. 9506--B 1 department shall act on an application within thirty days of receipt of 2 a complete application. 3 (f) Study on physician workforce. Five hundred ninety thousand dollars 4 annually for the period January first, two thousand eight through Decem- 5 ber thirty-first, two thousand ten, one hundred forty-eight thousand 6 dollars for the period January first, two thousand eleven through March 7 thirty-first, two thousand eleven, five hundred sixteen thousand dollars 8 each state fiscal year for the period April first, two thousand eleven 9 through March thirty-first, two thousand fourteen, up to four hundred 10 eighty-seven thousand dollars each state fiscal year for the period 11 April first, two thousand fourteen through March thirty-first, two thou- 12 sand seventeen, [and] up to four hundred eighty-seven thousand dollars 13 for each state fiscal year for the period April first, two thousand 14 seventeen through March thirty-first, two thousand twenty, and up to 15 four hundred eighty-seven thousand dollars each state fiscal year for 16 the period April first, two thousand twenty through March thirty-first, 17 two thousand twenty-three, shall be set aside and reserved by the 18 commissioner from the regional pools established pursuant to subdivision 19 two of this section and shall be available to fund a study of physician 20 workforce needs and solutions including, but not limited to, an analysis 21 of residency programs and projected physician workforce and community 22 needs. The commissioner shall enter into agreements with one or more 23 organizations to conduct such study based on a request for proposal 24 process. 25 (g) Diversity in medicine/post-baccalaureate program. Notwithstanding 26 any inconsistent provision of section one hundred twelve or one hundred 27 sixty-three of the state finance law or any other law, one million nine 28 hundred sixty thousand dollars annually for the period January first, 29 two thousand eight through December thirty-first, two thousand ten, four 30 hundred ninety thousand dollars for the period January first, two thou- 31 sand eleven through March thirty-first, two thousand eleven, one million 32 seven hundred thousand dollars each state fiscal year for the period 33 April first, two thousand eleven through March thirty-first, two thou- 34 sand fourteen, up to one million six hundred five thousand dollars each 35 state fiscal year for the period April first, two thousand fourteen 36 through March thirty-first, two thousand seventeen, up to one million 37 six hundred five thousand dollars each state fiscal year for the period 38 April first, two thousand seventeen through March thirty-first, two 39 thousand twenty, and up to one million six hundred five thousand dollars 40 each state fiscal year for the period April first, two thousand twenty 41 through March thirty-first, two thousand twenty-three, shall be set 42 aside and reserved by the commissioner from the regional pools estab- 43 lished pursuant to subdivision two of this section and shall be avail- 44 able for distributions to the Associated Medical Schools of New York to 45 fund its diversity program including existing and new post-baccalaureate 46 programs for minority and economically disadvantaged students and 47 encourage participation from all medical schools in New York. The asso- 48 ciated medical schools of New York shall report to the commissioner on 49 an annual basis regarding the use of funds for such purpose in such form 50 and manner as specified by the commissioner. 51 (h) In the event there are undistributed funds within amounts made 52 available for distributions pursuant to this subdivision, such funds may 53 be reallocated and distributed in current or subsequent distribution 54 periods in a manner determined by the commissioner for any purpose set 55 forth in this subdivision.S. 7506--B 130 A. 9506--B 1 12. Notwithstanding any provision of law to the contrary, applications 2 submitted on or after April first, two thousand sixteen, for the physi- 3 cian loan repayment program pursuant to paragraph [(d)] (c) of subdivi- 4 sion five-a of this section and subdivision ten of this section or the 5 physician practice support program pursuant to paragraph [(e)] (d) of 6 subdivision five-a of this section, shall be subject to the following 7 changes: 8 (a) Awards shall be made from the total funding available for new 9 awards under the physician loan repayment program and the physician 10 practice support program, with neither program limited to a specific 11 funding amount within such total funding available; 12 (b) An applicant may apply for an award for either physician loan 13 repayment or physician practice support, but not both; 14 (c) An applicant shall agree to practice for three years in an under- 15 served area and each award shall provide up to forty thousand dollars 16 for each of the three years; and 17 (d) To the extent practicable, awards shall be timed to be of use for 18 job offers made to applicants. 19 § 7. Subdivision 7 of section 2807-m of the public health law is 20 REPEALED. 21 § 8. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section 22 2807-s of the public health law, as amended by section 30 of part H of 23 chapter 59 of the laws of 2011, is amended to read as follows: 24 (xvi) provided further, however, for periods prior to July first, two 25 thousand nine, amounts set forth in this paragraph shall be reduced by 26 an amount equal to the actual distribution reductions for all facilities 27 pursuant to paragraph (s) of subdivision one of section twenty-eight 28 hundred seven-m of this article. 29 § 9. Subdivision (c) of section 92-dd of the state finance law, as 30 amended by section 75-f of part C of chapter 58 of the laws of 2008, is 31 amended to read as follows: 32 (c) The pool administrator shall, from appropriated funds transferred 33 to the pool administrator from the comptroller, continue to make 34 payments as required pursuant to sections twenty-eight hundred seven-k, 35 twenty-eight hundred seven-m (not including payments made pursuant to 36 [subparagraph (ii) of paragraph (b) and] paragraphs (c), (d), [(e)], (f) 37 and (g) of subdivision five-a [and subdivision seven] of section twen- 38 ty-eight hundred seven-m), and twenty-eight hundred seven-w of the 39 public health law, paragraph (e) of subdivision twenty-five of section 40 twenty-eight hundred seven-c of the public health law, paragraphs (b) 41 and (c) of subdivision thirty of section twenty-eight hundred seven-c of 42 the public health law, paragraph (b) of subdivision eighteen of section 43 twenty-eight hundred eight of the public health law, subdivision seven 44 of section twenty-five hundred-d of the public health law and section 45 eighty-eight of chapter one of the laws of nineteen hundred ninety-nine. 46 § 10. Subdivision 4-c of section 2807-p of the public health law, as 47 amended by section 13 of part H of chapter 57 of the laws of 2017, is 48 amended to read as follows: 49 4-c. Notwithstanding any provision of law to the contrary, the commis- 50 sioner shall make additional payments for uncompensated care to volun- 51 tary non-profit diagnostic and treatment centers that are eligible for 52 distributions under subdivision four of this section in the following 53 amounts: for the period June first, two thousand six through December 54 thirty-first, two thousand six, in the amount of seven million five 55 hundred thousand dollars, for the period January first, two thousand 56 seven through December thirty-first, two thousand seven, seven millionS. 7506--B 131 A. 9506--B 1 five hundred thousand dollars, for the period January first, two thou- 2 sand eight through December thirty-first, two thousand eight, seven 3 million five hundred thousand dollars, for the period January first, two 4 thousand nine through December thirty-first, two thousand nine, fifteen 5 million five hundred thousand dollars, for the period January first, two 6 thousand ten through December thirty-first, two thousand ten, seven 7 million five hundred thousand dollars, for the period January first, two 8 thousand eleven though December thirty-first, two thousand eleven, seven 9 million five hundred thousand dollars, for the period January first, two 10 thousand twelve through December thirty-first, two thousand twelve, 11 seven million five hundred thousand dollars, for the period January 12 first, two thousand thirteen through December thirty-first, two thousand 13 thirteen, seven million five hundred thousand dollars, for the period 14 January first, two thousand fourteen through December thirty-first, two 15 thousand fourteen, seven million five hundred thousand dollars, for the 16 period January first, two thousand fifteen through December thirty- 17 first, two thousand fifteen, seven million five hundred thousand 18 dollars, for the period January first two thousand sixteen through 19 December thirty-first, two thousand sixteen, seven million five hundred 20 thousand dollars, for the period January first, two thousand seventeen 21 through December thirty-first, two thousand seventeen, seven million 22 five hundred thousand dollars, for the period January first, two thou- 23 sand eighteen through December thirty-first, two thousand eighteen, 24 seven million five hundred thousand dollars, for the period January 25 first, two thousand nineteen through December thirty-first, two thousand 26 nineteen, seven million five hundred thousand dollars, for the period 27 January first, two thousand twenty through December thirty-first, two 28 thousand twenty, seven million five hundred thousand dollars, for the 29 period January first, two thousand twenty-one through December thirty- 30 first, two thousand twenty-one, seven million five hundred thousand 31 dollars, for the period January first, two thousand twenty-two through 32 December thirty-first, two thousand twenty-two, seven million five 33 hundred thousand dollars, and for the period January first, two thousand 34 [twenty] twenty-three through March thirty-first, two thousand [twenty] 35 twenty-three, in the amount of one million six hundred thousand dollars, 36 provided, however, that for periods on and after January first, two 37 thousand eight, such additional payments shall be distributed to volun- 38 tary, non-profit diagnostic and treatment centers and to public diagnos- 39 tic and treatment centers in accordance with paragraph (g) of subdivi- 40 sion four of this section. In the event that federal financial 41 participation is available for rate adjustments pursuant to this 42 section, the commissioner shall make such payments as additional adjust- 43 ments to rates of payment for voluntary non-profit diagnostic and treat- 44 ment centers that are eligible for distributions under subdivision 45 four-a of this section in the following amounts: for the period June 46 first, two thousand six through December thirty-first, two thousand six, 47 fifteen million dollars in the aggregate, and for the period January 48 first, two thousand seven through June thirtieth, two thousand seven, 49 seven million five hundred thousand dollars in the aggregate. The 50 amounts allocated pursuant to this paragraph shall be aggregated with 51 and distributed pursuant to the same methodology applicable to the 52 amounts allocated to such diagnostic and treatment centers for such 53 periods pursuant to subdivision four of this section if federal finan- 54 cial participation is not available, or pursuant to subdivision four-a 55 of this section if federal financial participation is available. 56 Notwithstanding section three hundred sixty-eight-a of the socialS. 7506--B 132 A. 9506--B 1 services law, there shall be no local share in a medical assistance 2 payment adjustment under this subdivision. 3 § 11. Subparagraph (xv) of paragraph (a) of subdivision 6 of section 4 2807-s of the public health law, as amended by section 3 of part H of 5 chapter 57 of the laws of 2017, is amended to read as follows: 6 (xv) A gross annual statewide amount for the period January first, two 7 thousand fifteen through December thirty-first, two thousand [twenty] 8 twenty-three, shall be one billion forty-five million dollars. 9 § 12. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section 10 2807-s of the public health law, as amended by section 4 of part H of 11 chapter 57 of the laws of 2017, is amended to read as follows: 12 (xiii) twenty-three million eight hundred thirty-six thousand dollars 13 each state fiscal year for the period April first, two thousand twelve 14 through March thirty-first, two thousand [twenty] twenty-three; 15 § 13. Subdivision 6 of section 2807-t of the public health law, as 16 amended by section 8 of part H of chapter 57 of the laws of 2017, is 17 amended to read as follows: 18 6. Prospective adjustments. (a) The commissioner shall annually recon- 19 cile the sum of the actual payments made to the commissioner or the 20 commissioner's designee for each region pursuant to section twenty-eight 21 hundred seven-s of this article and pursuant to this section for the 22 prior year with the regional allocation of the gross annual statewide 23 amount specified in subdivision six of section twenty-eight hundred 24 seven-s of this article for such prior year. The difference between the 25 actual amount raised for a region and the regional allocation of the 26 specified gross annual amount for such prior year shall be applied as a 27 prospective adjustment to the regional allocation of the specified gross 28 annual payment amount for such region for the year next following the 29 calculation of the reconciliation. The authorized dollar value of the 30 adjustments shall be the same as if calculated retrospectively. 31 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 32 sion, for covered lives assessment rate periods on and after January 33 first, two thousand fifteen through December thirty-first, two thousand 34 [twenty] twenty-three, for amounts collected in the aggregate in excess 35 of one billion forty-five million dollars on an annual basis, prospec- 36 tive adjustments shall be suspended if the annual reconciliation calcu- 37 lation from the prior year would otherwise result in a decrease to the 38 regional allocation of the specified gross annual payment amount for 39 that region, provided, however, that such suspension shall be lifted 40 upon a determination by the commissioner, in consultation with the 41 director of the budget, that sixty-five million dollars in aggregate 42 collections on an annual basis over and above one billion forty-five 43 million dollars on an annual basis have been reserved and set aside for 44 deposit in the HCRA resources fund. Any amounts collected in the aggre- 45 gate at or below one billion forty-five million dollars on an annual 46 basis, shall be subject to regional adjustments reconciling any 47 decreases or increases to the regional allocation in accordance with 48 paragraph (a) of this subdivision. 49 § 14. Section 2807-v of the public health law, as amended by section 50 22 of part H of chapter 57 of the laws of 2017, is amended to read as 51 follows: 52 § 2807-v. Tobacco control and insurance initiatives pool distrib- 53 utions. 1. Funds accumulated in the tobacco control and insurance 54 initiatives pool or in the health care reform act (HCRA) resources fund 55 established pursuant to section ninety-two-dd of the state finance law, 56 whichever is applicable, including income from invested funds, shall beS. 7506--B 133 A. 9506--B 1 distributed or retained by the commissioner or by the state comptroller, 2 as applicable, in accordance with the following: 3 (a) Funds shall be deposited by the commissioner, within amounts 4 appropriated, and the state comptroller is hereby authorized and 5 directed to receive for deposit to the credit of the state special 6 revenue funds - other, HCRA transfer fund, medicaid fraud hotline and 7 medicaid administration account, or any successor fund or account, for 8 purposes of services and expenses related to the toll-free medicaid 9 fraud hotline established pursuant to section one hundred eight of chap- 10 ter one of the laws of nineteen hundred ninety-nine from the tobacco 11 control and insurance initiatives pool established for the following 12 periods in the following amounts: four hundred thousand dollars annually 13 for the periods January first, two thousand through December thirty- 14 first, two thousand two, up to four hundred thousand dollars for the 15 period January first, two thousand three through December thirty-first, 16 two thousand three, up to four hundred thousand dollars for the period 17 January first, two thousand four through December thirty-first, two 18 thousand four, up to four hundred thousand dollars for the period Janu- 19 ary first, two thousand five through December thirty-first, two thousand 20 five, up to four hundred thousand dollars for the period January first, 21 two thousand six through December thirty-first, two thousand six, up to 22 four hundred thousand dollars for the period January first, two thousand 23 seven through December thirty-first, two thousand seven, up to four 24 hundred thousand dollars for the period January first, two thousand 25 eight through December thirty-first, two thousand eight, up to four 26 hundred thousand dollars for the period January first, two thousand nine 27 through December thirty-first, two thousand nine, up to four hundred 28 thousand dollars for the period January first, two thousand ten through 29 December thirty-first, two thousand ten, up to one hundred thousand 30 dollars for the period January first, two thousand eleven through March 31 thirty-first, two thousand eleven and within amounts appropriated on and 32 after April first, two thousand eleven. 33 (b) Funds shall be reserved and accumulated from year to year and 34 shall be available, including income from invested funds, for purposes 35 of payment of audits or audit contracts necessary to determine payor and 36 provider compliance with requirements set forth in sections twenty-eight 37 hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred 38 seven-t of this article from the tobacco control and insurance initi- 39 atives pool established for the following periods in the following 40 amounts: five million six hundred thousand dollars annually for the 41 periods January first, two thousand through December thirty-first, two 42 thousand two, up to five million dollars for the period January first, 43 two thousand three through December thirty-first, two thousand three, up 44 to five million dollars for the period January first, two thousand four 45 through December thirty-first, two thousand four, up to five million 46 dollars for the period January first, two thousand five through December 47 [thirty first] thirty-first, two thousand five, up to five million 48 dollars for the period January first, two thousand six through December 49 thirty-first, two thousand six, up to seven million eight hundred thou- 50 sand dollars for the period January first, two thousand seven through 51 December thirty-first, two thousand seven, and up to eight million three 52 hundred twenty-five thousand dollars for the period January first, two 53 thousand eight through December thirty-first, two thousand eight, up to 54 eight million five hundred thousand dollars for the period January 55 first, two thousand nine through December thirty-first, two thousand 56 nine, up to eight million five hundred thousand dollars for the periodS. 7506--B 134 A. 9506--B 1 January first, two thousand ten through December thirty-first, two thou- 2 sand ten, up to two million one hundred twenty-five thousand dollars for 3 the period January first, two thousand eleven through March thirty- 4 first, two thousand eleven, up to fourteen million seven hundred thou- 5 sand dollars each state fiscal year for the period April first, two 6 thousand eleven through March thirty-first, two thousand fourteen, up to 7 eleven million one hundred thousand dollars each state fiscal year for 8 the period April first, two thousand fourteen through March thirty- 9 first, two thousand seventeen, [and] up to eleven million one hundred 10 thousand dollars each state fiscal year for the period April first, two 11 thousand seventeen through March thirty-first, two thousand twenty, and 12 up to eleven million one hundred thousand dollars each state fiscal year 13 for the period April first, two thousand twenty through March thirty- 14 first, two thousand twenty-three. 15 (c) Funds shall be deposited by the commissioner, within amounts 16 appropriated, and the state comptroller is hereby authorized and 17 directed to receive for deposit to the credit of the state special 18 revenue funds - other, HCRA transfer fund, enhanced community services 19 account, or any successor fund or account, for mental health services 20 programs for case management services for adults and children; supported 21 housing; home and community based waiver services; family based treat- 22 ment; family support services; mobile mental health teams; transitional 23 housing; and community oversight, established pursuant to articles seven 24 and forty-one of the mental hygiene law and subdivision nine of section 25 three hundred sixty-six of the social services law; and for comprehen- 26 sive care centers for eating disorders pursuant to the former section 27 twenty-seven hundred ninety-nine-l of this chapter, provided however 28 that, for such centers, funds in the amount of five hundred thousand 29 dollars on an annualized basis shall be transferred from the enhanced 30 community services account, or any successor fund or account, and depos- 31 ited into the fund established by section ninety-five-e of the state 32 finance law; from the tobacco control and insurance initiatives pool 33 established for the following periods in the following amounts: 34 (i) forty-eight million dollars to be reserved, to be retained or for 35 distribution pursuant to a chapter of the laws of two thousand, for the 36 period January first, two thousand through December thirty-first, two 37 thousand; 38 (ii) eighty-seven million dollars to be reserved, to be retained or 39 for distribution pursuant to a chapter of the laws of two thousand one, 40 for the period January first, two thousand one through December thirty- 41 first, two thousand one; 42 (iii) eighty-seven million dollars to be reserved, to be retained or 43 for distribution pursuant to a chapter of the laws of two thousand two, 44 for the period January first, two thousand two through December thirty- 45 first, two thousand two; 46 (iv) eighty-eight million dollars to be reserved, to be retained or 47 for distribution pursuant to a chapter of the laws of two thousand 48 three, for the period January first, two thousand three through December 49 thirty-first, two thousand three; 50 (v) eighty-eight million dollars, plus five hundred thousand dollars, 51 to be reserved, to be retained or for distribution pursuant to a chapter 52 of the laws of two thousand four, and pursuant to the former section 53 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- 54 ary first, two thousand four through December thirty-first, two thousand 55 four;S. 7506--B 135 A. 9506--B 1 (vi) eighty-eight million dollars, plus five hundred thousand dollars, 2 to be reserved, to be retained or for distribution pursuant to a chapter 3 of the laws of two thousand five, and pursuant to the former section 4 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu- 5 ary first, two thousand five through December thirty-first, two thousand 6 five; 7 (vii) eighty-eight million dollars, plus five hundred thousand 8 dollars, to be reserved, to be retained or for distribution pursuant to 9 a chapter of the laws of two thousand six, and pursuant to former 10 section twenty-seven hundred ninety-nine-l of this chapter, for the 11 period January first, two thousand six through December thirty-first, 12 two thousand six; 13 (viii) eighty-six million four hundred thousand dollars, plus five 14 hundred thousand dollars, to be reserved, to be retained or for distrib- 15 ution pursuant to a chapter of the laws of two thousand seven and pursu- 16 ant to the former section twenty-seven hundred ninety-nine-l of this 17 chapter, for the period January first, two thousand seven through Decem- 18 ber thirty-first, two thousand seven; and 19 (ix) twenty-two million nine hundred thirteen thousand dollars, plus 20 one hundred twenty-five thousand dollars, to be reserved, to be retained 21 or for distribution pursuant to a chapter of the laws of two thousand 22 eight and pursuant to the former section twenty-seven hundred ninety- 23 nine-l of this chapter, for the period January first, two thousand eight 24 through March thirty-first, two thousand eight. 25 (d) Funds shall be deposited by the commissioner, within amounts 26 appropriated, and the state comptroller is hereby authorized and 27 directed to receive for deposit to the credit of the state special 28 revenue funds - other, HCRA transfer fund, medical assistance account, 29 or any successor fund or account, for purposes of funding the state 30 share of services and expenses related to the family health plus program 31 including up to two and one-half million dollars annually for the period 32 January first, two thousand through December thirty-first, two thousand 33 two, for administration and marketing costs associated with such program 34 established pursuant to clause (A) of subparagraph (v) of paragraph (a) 35 of subdivision two of section three hundred sixty-nine-ee of the social 36 services law from the tobacco control and insurance initiatives pool 37 established for the following periods in the following amounts: 38 (i) three million five hundred thousand dollars for the period January 39 first, two thousand through December thirty-first, two thousand; 40 (ii) twenty-seven million dollars for the period January first, two 41 thousand one through December thirty-first, two thousand one; and 42 (iii) fifty-seven million dollars for the period January first, two 43 thousand two through December thirty-first, two thousand two. 44 (e) Funds shall be deposited by the commissioner, within amounts 45 appropriated, and the state comptroller is hereby authorized and 46 directed to receive for deposit to the credit of the state special 47 revenue funds - other, HCRA transfer fund, medical assistance account, 48 or any successor fund or account, for purposes of funding the state 49 share of services and expenses related to the family health plus program 50 including up to two and one-half million dollars annually for the period 51 January first, two thousand through December thirty-first, two thousand 52 two for administration and marketing costs associated with such program 53 established pursuant to clause (B) of subparagraph (v) of paragraph (a) 54 of subdivision two of section three hundred sixty-nine-ee of the social 55 services law from the tobacco control and insurance initiatives pool 56 established for the following periods in the following amounts:S. 7506--B 136 A. 9506--B 1 (i) two million five hundred thousand dollars for the period January 2 first, two thousand through December thirty-first, two thousand; 3 (ii) thirty million five hundred thousand dollars for the period Janu- 4 ary first, two thousand one through December thirty-first, two thousand 5 one; and 6 (iii) sixty-six million dollars for the period January first, two 7 thousand two through December thirty-first, two thousand two. 8 (f) Funds shall be deposited by the commissioner, within amounts 9 appropriated, and the state comptroller is hereby authorized and 10 directed to receive for deposit to the credit of the state special 11 revenue funds - other, HCRA transfer fund, medicaid fraud hotline and 12 medicaid administration account, or any successor fund or account, for 13 purposes of payment of administrative expenses of the department related 14 to the family health plus program established pursuant to section three 15 hundred sixty-nine-ee of the social services law from the tobacco 16 control and insurance initiatives pool established for the following 17 periods in the following amounts: five hundred thousand dollars on an 18 annual basis for the periods January first, two thousand through Decem- 19 ber thirty-first, two thousand six, five hundred thousand dollars for 20 the period January first, two thousand seven through December thirty- 21 first, two thousand seven, and five hundred thousand dollars for the 22 period January first, two thousand eight through December thirty-first, 23 two thousand eight, five hundred thousand dollars for the period January 24 first, two thousand nine through December thirty-first, two thousand 25 nine, five hundred thousand dollars for the period January first, two 26 thousand ten through December thirty-first, two thousand ten, one 27 hundred twenty-five thousand dollars for the period January first, two 28 thousand eleven through March thirty-first, two thousand eleven and 29 within amounts appropriated on and after April first, two thousand elev- 30 en. 31 (g) Funds shall be reserved and accumulated from year to year and 32 shall be available, including income from invested funds, for purposes 33 of services and expenses related to the health maintenance organization 34 direct pay market program established pursuant to sections forty-three 35 hundred twenty-one-a and forty-three hundred twenty-two-a of the insur- 36 ance law from the tobacco control and insurance initiatives pool estab- 37 lished for the following periods in the following amounts: 38 (i) up to thirty-five million dollars for the period January first, 39 two thousand through December thirty-first, two thousand of which fifty 40 percentum shall be allocated to the program pursuant to section four 41 thousand three hundred twenty-one-a of the insurance law and fifty 42 percentum to the program pursuant to section four thousand three hundred 43 twenty-two-a of the insurance law; 44 (ii) up to thirty-six million dollars for the period January first, 45 two thousand one through December thirty-first, two thousand one of 46 which fifty percentum shall be allocated to the program pursuant to 47 section four thousand three hundred twenty-one-a of the insurance law 48 and fifty percentum to the program pursuant to section four thousand 49 three hundred twenty-two-a of the insurance law; 50 (iii) up to thirty-nine million dollars for the period January first, 51 two thousand two through December thirty-first, two thousand two of 52 which fifty percentum shall be allocated to the program pursuant to 53 section four thousand three hundred twenty-one-a of the insurance law 54 and fifty percentum to the program pursuant to section four thousand 55 three hundred twenty-two-a of the insurance law;S. 7506--B 137 A. 9506--B 1 (iv) up to forty million dollars for the period January first, two 2 thousand three through December thirty-first, two thousand three of 3 which fifty percentum shall be allocated to the program pursuant to 4 section four thousand three hundred twenty-one-a of the insurance law 5 and fifty percentum to the program pursuant to section four thousand 6 three hundred twenty-two-a of the insurance law; 7 (v) up to forty million dollars for the period January first, two 8 thousand four through December thirty-first, two thousand four of which 9 fifty percentum shall be allocated to the program pursuant to section 10 four thousand three hundred twenty-one-a of the insurance law and fifty 11 percentum to the program pursuant to section four thousand three hundred 12 twenty-two-a of the insurance law; 13 (vi) up to forty million dollars for the period January first, two 14 thousand five through December thirty-first, two thousand five of which 15 fifty percentum shall be allocated to the program pursuant to section 16 four thousand three hundred twenty-one-a of the insurance law and fifty 17 percentum to the program pursuant to section four thousand three hundred 18 twenty-two-a of the insurance law; 19 (vii) up to forty million dollars for the period January first, two 20 thousand six through December thirty-first, two thousand six of which 21 fifty percentum shall be allocated to the program pursuant to section 22 four thousand three hundred twenty-one-a of the insurance law and fifty 23 percentum shall be allocated to the program pursuant to section four 24 thousand three hundred twenty-two-a of the insurance law; 25 (viii) up to forty million dollars for the period January first, two 26 thousand seven through December thirty-first, two thousand seven of 27 which fifty percentum shall be allocated to the program pursuant to 28 section four thousand three hundred twenty-one-a of the insurance law 29 and fifty percentum shall be allocated to the program pursuant to 30 section four thousand three hundred twenty-two-a of the insurance law; 31 and 32 (ix) up to forty million dollars for the period January first, two 33 thousand eight through December thirty-first, two thousand eight of 34 which fifty per centum shall be allocated to the program pursuant to 35 section four thousand three hundred twenty-one-a of the insurance law 36 and fifty per centum shall be allocated to the program pursuant to 37 section four thousand three hundred twenty-two-a of the insurance law. 38 (h) Funds shall be reserved and accumulated from year to year and 39 shall be available, including income from invested funds, for purposes 40 of services and expenses related to the healthy New York individual 41 program established pursuant to sections four thousand three hundred 42 twenty-six and four thousand three hundred twenty-seven of the insurance 43 law from the tobacco control and insurance initiatives pool established 44 for the following periods in the following amounts: 45 (i) up to six million dollars for the period January first, two thou- 46 sand one through December thirty-first, two thousand one; 47 (ii) up to twenty-nine million dollars for the period January first, 48 two thousand two through December thirty-first, two thousand two; 49 (iii) up to five million one hundred thousand dollars for the period 50 January first, two thousand three through December thirty-first, two 51 thousand three; 52 (iv) up to twenty-four million six hundred thousand dollars for the 53 period January first, two thousand four through December thirty-first, 54 two thousand four;S. 7506--B 138 A. 9506--B 1 (v) up to thirty-four million six hundred thousand dollars for the 2 period January first, two thousand five through December thirty-first, 3 two thousand five; 4 (vi) up to fifty-four million eight hundred thousand dollars for the 5 period January first, two thousand six through December thirty-first, 6 two thousand six; 7 (vii) up to sixty-one million seven hundred thousand dollars for the 8 period January first, two thousand seven through December thirty-first, 9 two thousand seven; and 10 (viii) up to one hundred three million seven hundred fifty thousand 11 dollars for the period January first, two thousand eight through Decem- 12 ber thirty-first, two thousand eight. 13 (i) Funds shall be reserved and accumulated from year to year and 14 shall be available, including income from invested funds, for purposes 15 of services and expenses related to the healthy New York group program 16 established pursuant to sections four thousand three hundred twenty-six 17 and four thousand three hundred twenty-seven of the insurance law from 18 the tobacco control and insurance initiatives pool established for the 19 following periods in the following amounts: 20 (i) up to thirty-four million dollars for the period January first, 21 two thousand one through December thirty-first, two thousand one; 22 (ii) up to seventy-seven million dollars for the period January first, 23 two thousand two through December thirty-first, two thousand two; 24 (iii) up to ten million five hundred thousand dollars for the period 25 January first, two thousand three through December thirty-first, two 26 thousand three; 27 (iv) up to twenty-four million six hundred thousand dollars for the 28 period January first, two thousand four through December thirty-first, 29 two thousand four; 30 (v) up to thirty-four million six hundred thousand dollars for the 31 period January first, two thousand five through December thirty-first, 32 two thousand five; 33 (vi) up to fifty-four million eight hundred thousand dollars for the 34 period January first, two thousand six through December thirty-first, 35 two thousand six; 36 (vii) up to sixty-one million seven hundred thousand dollars for the 37 period January first, two thousand seven through December thirty-first, 38 two thousand seven; and 39 (viii) up to one hundred three million seven hundred fifty thousand 40 dollars for the period January first, two thousand eight through Decem- 41 ber thirty-first, two thousand eight. 42 (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this 43 subdivision, the commissioner shall reserve and accumulate up to two 44 million five hundred thousand dollars annually for the periods January 45 first, two thousand four through December thirty-first, two thousand 46 six, one million four hundred thousand dollars for the period January 47 first, two thousand seven through December thirty-first, two thousand 48 seven, two million dollars for the period January first, two thousand 49 eight through December thirty-first, two thousand eight, from funds 50 otherwise available for distribution under such paragraphs for the 51 services and expenses related to the pilot program for entertainment 52 industry employees included in subsection (b) of section one thousand 53 one hundred twenty-two of the insurance law, and an additional seven 54 hundred thousand dollars annually for the periods January first, two 55 thousand four through December thirty-first, two thousand six, an addi- 56 tional three hundred thousand dollars for the period January first, twoS. 7506--B 139 A. 9506--B 1 thousand seven through June thirtieth, two thousand seven for services 2 and expenses related to the pilot program for displaced workers included 3 in subsection (c) of section one thousand one hundred twenty-two of the 4 insurance law. 5 (j) Funds shall be reserved and accumulated from year to year and 6 shall be available, including income from invested funds, for purposes 7 of services and expenses related to the tobacco use prevention and 8 control program established pursuant to sections thirteen hundred nine- 9 ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the 10 tobacco control and insurance initiatives pool established for the 11 following periods in the following amounts: 12 (i) up to thirty million dollars for the period January first, two 13 thousand through December thirty-first, two thousand; 14 (ii) up to forty million dollars for the period January first, two 15 thousand one through December thirty-first, two thousand one; 16 (iii) up to forty million dollars for the period January first, two 17 thousand two through December thirty-first, two thousand two; 18 (iv) up to thirty-six million nine hundred fifty thousand dollars for 19 the period January first, two thousand three through December thirty- 20 first, two thousand three; 21 (v) up to thirty-six million nine hundred fifty thousand dollars for 22 the period January first, two thousand four through December thirty- 23 first, two thousand four; 24 (vi) up to forty million six hundred thousand dollars for the period 25 January first, two thousand five through December thirty-first, two 26 thousand five; 27 (vii) up to eighty-one million nine hundred thousand dollars for the 28 period January first, two thousand six through December thirty-first, 29 two thousand six, provided, however, that within amounts appropriated, a 30 portion of such funds may be transferred to the Roswell Park Cancer 31 Institute Corporation to support costs associated with cancer research; 32 (viii) up to ninety-four million one hundred fifty thousand dollars 33 for the period January first, two thousand seven through December thir- 34 ty-first, two thousand seven, provided, however, that within amounts 35 appropriated, a portion of such funds may be transferred to the Roswell 36 Park Cancer Institute Corporation to support costs associated with 37 cancer research; 38 (ix) up to ninety-four million one hundred fifty thousand dollars for 39 the period January first, two thousand eight through December thirty- 40 first, two thousand eight; 41 (x) up to ninety-four million one hundred fifty thousand dollars for 42 the period January first, two thousand nine through December thirty- 43 first, two thousand nine; 44 (xi) up to eighty-seven million seven hundred seventy-five thousand 45 dollars for the period January first, two thousand ten through December 46 thirty-first, two thousand ten; 47 (xii) up to twenty-one million four hundred twelve thousand dollars 48 for the period January first, two thousand eleven through March thirty- 49 first, two thousand eleven; 50 (xiii) up to fifty-two million one hundred thousand dollars each state 51 fiscal year for the period April first, two thousand eleven through 52 March thirty-first, two thousand fourteen; 53 (xiv) up to six million dollars each state fiscal year for the period 54 April first, two thousand fourteen through March thirty-first, two thou- 55 sand seventeen; [and]S. 7506--B 140 A. 9506--B 1 (xv) up to six million dollars each state fiscal year for the period 2 April first, two thousand seventeen through March thirty-first, two 3 thousand twenty; and 4 (xvi) up to six million dollars each state fiscal year for the period 5 April first, two thousand twenty through March thirty-first, two thou- 6 sand twenty-three. 7 (k) Funds shall be deposited by the commissioner, within amounts 8 appropriated, and the state comptroller is hereby authorized and 9 directed to receive for deposit to the credit of the state special 10 revenue fund - other, HCRA transfer fund, health care services account, 11 or any successor fund or account, for purposes of services and expenses 12 related to public health programs, including comprehensive care centers 13 for eating disorders pursuant to the former section twenty-seven hundred 14 ninety-nine-l of this chapter, provided however that, for such centers, 15 funds in the amount of five hundred thousand dollars on an annualized 16 basis shall be transferred from the health care services account, or any 17 successor fund or account, and deposited into the fund established by 18 section ninety-five-e of the state finance law for periods prior to 19 March thirty-first, two thousand eleven, from the tobacco control and 20 insurance initiatives pool established for the following periods in the 21 following amounts: 22 (i) up to thirty-one million dollars for the period January first, two 23 thousand through December thirty-first, two thousand; 24 (ii) up to forty-one million dollars for the period January first, two 25 thousand one through December thirty-first, two thousand one; 26 (iii) up to eighty-one million dollars for the period January first, 27 two thousand two through December thirty-first, two thousand two; 28 (iv) one hundred twenty-two million five hundred thousand dollars for 29 the period January first, two thousand three through December thirty- 30 first, two thousand three; 31 (v) one hundred eight million five hundred seventy-five thousand 32 dollars, plus an additional five hundred thousand dollars, for the peri- 33 od January first, two thousand four through December thirty-first, two 34 thousand four; 35 (vi) ninety-one million eight hundred thousand dollars, plus an addi- 36 tional five hundred thousand dollars, for the period January first, two 37 thousand five through December thirty-first, two thousand five; 38 (vii) one hundred fifty-six million six hundred thousand dollars, plus 39 an additional five hundred thousand dollars, for the period January 40 first, two thousand six through December thirty-first, two thousand six; 41 (viii) one hundred fifty-one million four hundred thousand dollars, 42 plus an additional five hundred thousand dollars, for the period January 43 first, two thousand seven through December thirty-first, two thousand 44 seven; 45 (ix) one hundred sixteen million nine hundred forty-nine thousand 46 dollars, plus an additional five hundred thousand dollars, for the peri- 47 od January first, two thousand eight through December thirty-first, two 48 thousand eight; 49 (x) one hundred sixteen million nine hundred forty-nine thousand 50 dollars, plus an additional five hundred thousand dollars, for the peri- 51 od January first, two thousand nine through December thirty-first, two 52 thousand nine; 53 (xi) one hundred sixteen million nine hundred forty-nine thousand 54 dollars, plus an additional five hundred thousand dollars, for the peri- 55 od January first, two thousand ten through December thirty-first, two 56 thousand ten;S. 7506--B 141 A. 9506--B 1 (xii) twenty-nine million two hundred thirty-seven thousand two 2 hundred fifty dollars, plus an additional one hundred twenty-five thou- 3 sand dollars, for the period January first, two thousand eleven through 4 March thirty-first, two thousand eleven; 5 (xiii) one hundred twenty million thirty-eight thousand dollars for 6 the period April first, two thousand eleven through March thirty-first, 7 two thousand twelve; and 8 (xiv) one hundred nineteen million four hundred seven thousand dollars 9 each state fiscal year for the period April first, two thousand twelve 10 through March thirty-first, two thousand fourteen. 11 (l) Funds shall be deposited by the commissioner, within amounts 12 appropriated, and the state comptroller is hereby authorized and 13 directed to receive for deposit to the credit of the state special 14 revenue funds - other, HCRA transfer fund, medical assistance account, 15 or any successor fund or account, for purposes of funding the state 16 share of the personal care and certified home health agency rate or fee 17 increases established pursuant to subdivision three of section three 18 hundred sixty-seven-o of the social services law from the tobacco 19 control and insurance initiatives pool established for the following 20 periods in the following amounts: 21 (i) twenty-three million two hundred thousand dollars for the period 22 January first, two thousand through December thirty-first, two thousand; 23 (ii) twenty-three million two hundred thousand dollars for the period 24 January first, two thousand one through December thirty-first, two thou- 25 sand one; 26 (iii) twenty-three million two hundred thousand dollars for the period 27 January first, two thousand two through December thirty-first, two thou- 28 sand two; 29 (iv) up to sixty-five million two hundred thousand dollars for the 30 period January first, two thousand three through December thirty-first, 31 two thousand three; 32 (v) up to sixty-five million two hundred thousand dollars for the 33 period January first, two thousand four through December thirty-first, 34 two thousand four; 35 (vi) up to sixty-five million two hundred thousand dollars for the 36 period January first, two thousand five through December thirty-first, 37 two thousand five; 38 (vii) up to sixty-five million two hundred thousand dollars for the 39 period January first, two thousand six through December thirty-first, 40 two thousand six; 41 (viii) up to sixty-five million two hundred thousand dollars for the 42 period January first, two thousand seven through December thirty-first, 43 two thousand seven; and 44 (ix) up to sixteen million three hundred thousand dollars for the 45 period January first, two thousand eight through March thirty-first, two 46 thousand eight. 47 (m) Funds shall be deposited by the commissioner, within amounts 48 appropriated, and the state comptroller is hereby authorized and 49 directed to receive for deposit to the credit of the state special 50 revenue funds - other, HCRA transfer fund, medical assistance account, 51 or any successor fund or account, for purposes of funding the state 52 share of services and expenses related to home care workers insurance 53 pilot demonstration programs established pursuant to subdivision two of 54 section three hundred sixty-seven-o of the social services law from the 55 tobacco control and insurance initiatives pool established for the 56 following periods in the following amounts:S. 7506--B 142 A. 9506--B 1 (i) three million eight hundred thousand dollars for the period Janu- 2 ary first, two thousand through December thirty-first, two thousand; 3 (ii) three million eight hundred thousand dollars for the period Janu- 4 ary first, two thousand one through December thirty-first, two thousand 5 one; 6 (iii) three million eight hundred thousand dollars for the period 7 January first, two thousand two through December thirty-first, two thou- 8 sand two; 9 (iv) up to three million eight hundred thousand dollars for the period 10 January first, two thousand three through December thirty-first, two 11 thousand three; 12 (v) up to three million eight hundred thousand dollars for the period 13 January first, two thousand four through December thirty-first, two 14 thousand four; 15 (vi) up to three million eight hundred thousand dollars for the period 16 January first, two thousand five through December thirty-first, two 17 thousand five; 18 (vii) up to three million eight hundred thousand dollars for the peri- 19 od January first, two thousand six through December thirty-first, two 20 thousand six; 21 (viii) up to three million eight hundred thousand dollars for the 22 period January first, two thousand seven through December thirty-first, 23 two thousand seven; and 24 (ix) up to nine hundred fifty thousand dollars for the period January 25 first, two thousand eight through March thirty-first, two thousand 26 eight. 27 (n) Funds shall be transferred by the commissioner and shall be depos- 28 ited to the credit of the special revenue funds - other, miscellaneous 29 special revenue fund - 339, elderly pharmaceutical insurance coverage 30 program premium account authorized pursuant to the provisions of title 31 three of article two of the elder law, or any successor fund or account, 32 for funding state expenses relating to the program from the tobacco 33 control and insurance initiatives pool established for the following 34 periods in the following amounts: 35 (i) one hundred seven million dollars for the period January first, 36 two thousand through December thirty-first, two thousand; 37 (ii) one hundred sixty-four million dollars for the period January 38 first, two thousand one through December thirty-first, two thousand one; 39 (iii) three hundred twenty-two million seven hundred thousand dollars 40 for the period January first, two thousand two through December thirty- 41 first, two thousand two; 42 (iv) four hundred thirty-three million three hundred thousand dollars 43 for the period January first, two thousand three through December thir- 44 ty-first, two thousand three; 45 (v) five hundred four million one hundred fifty thousand dollars for 46 the period January first, two thousand four through December thirty- 47 first, two thousand four; 48 (vi) five hundred sixty-six million eight hundred thousand dollars for 49 the period January first, two thousand five through December thirty- 50 first, two thousand five; 51 (vii) six hundred three million one hundred fifty thousand dollars for 52 the period January first, two thousand six through December thirty- 53 first, two thousand six; 54 (viii) six hundred sixty million eight hundred thousand dollars for 55 the period January first, two thousand seven through December thirty- 56 first, two thousand seven;S. 7506--B 143 A. 9506--B 1 (ix) three hundred sixty-seven million four hundred sixty-three thou- 2 sand dollars for the period January first, two thousand eight through 3 December thirty-first, two thousand eight; 4 (x) three hundred thirty-four million eight hundred twenty-five thou- 5 sand dollars for the period January first, two thousand nine through 6 December thirty-first, two thousand nine; 7 (xi) three hundred forty-four million nine hundred thousand dollars 8 for the period January first, two thousand ten through December thirty- 9 first, two thousand ten; 10 (xii) eighty-seven million seven hundred eighty-eight thousand dollars 11 for the period January first, two thousand eleven through March thirty- 12 first, two thousand eleven; 13 (xiii) one hundred forty-three million one hundred fifty thousand 14 dollars for the period April first, two thousand eleven through March 15 thirty-first, two thousand twelve; 16 (xiv) one hundred twenty million nine hundred fifty thousand dollars 17 for the period April first, two thousand twelve through March thirty- 18 first, two thousand thirteen; 19 (xv) one hundred twenty-eight million eight hundred fifty thousand 20 dollars for the period April first, two thousand thirteen through March 21 thirty-first, two thousand fourteen; 22 (xvi) one hundred twenty-seven million four hundred sixteen thousand 23 dollars each state fiscal year for the period April first, two thousand 24 fourteen through March thirty-first, two thousand seventeen; [and] 25 (xvii) one hundred twenty-seven million four hundred sixteen thousand 26 dollars each state fiscal year for the period April first, two thousand 27 seventeen through March thirty-first, two thousand twenty; and 28 (xviii) one hundred twenty-seven million four hundred sixteen thousand 29 dollars each state fiscal year for the period April first, two thousand 30 twenty through March thirty-first, two thousand twenty-three. 31 (o) Funds shall be reserved and accumulated and shall be transferred 32 to the Roswell Park Cancer Institute Corporation, from the tobacco 33 control and insurance initiatives pool established for the following 34 periods in the following amounts: 35 (i) up to ninety million dollars for the period January first, two 36 thousand through December thirty-first, two thousand; 37 (ii) up to sixty million dollars for the period January first, two 38 thousand one through December thirty-first, two thousand one; 39 (iii) up to eighty-five million dollars for the period January first, 40 two thousand two through December thirty-first, two thousand two; 41 (iv) eighty-five million two hundred fifty thousand dollars for the 42 period January first, two thousand three through December thirty-first, 43 two thousand three; 44 (v) seventy-eight million dollars for the period January first, two 45 thousand four through December thirty-first, two thousand four; 46 (vi) seventy-eight million dollars for the period January first, two 47 thousand five through December thirty-first, two thousand five; 48 (vii) ninety-one million dollars for the period January first, two 49 thousand six through December thirty-first, two thousand six; 50 (viii) seventy-eight million dollars for the period January first, two 51 thousand seven through December thirty-first, two thousand seven; 52 (ix) seventy-eight million dollars for the period January first, two 53 thousand eight through December thirty-first, two thousand eight; 54 (x) seventy-eight million dollars for the period January first, two 55 thousand nine through December thirty-first, two thousand nine;S. 7506--B 144 A. 9506--B 1 (xi) seventy-eight million dollars for the period January first, two 2 thousand ten through December thirty-first, two thousand ten; 3 (xii) nineteen million five hundred thousand dollars for the period 4 January first, two thousand eleven through March thirty-first, two thou- 5 sand eleven; 6 (xiii) sixty-nine million eight hundred forty thousand dollars each 7 state fiscal year for the period April first, two thousand eleven 8 through March thirty-first, two thousand fourteen; 9 (xiv) up to ninety-six million six hundred thousand dollars each state 10 fiscal year for the period April first, two thousand fourteen through 11 March thirty-first, two thousand seventeen; [and] 12 (xv) up to ninety-six million six hundred thousand dollars each state 13 fiscal year for the period April first, two thousand seventeen through 14 March thirty-first, two thousand twenty; and 15 (xvi) up to ninety-six million six hundred thousand dollars each state 16 fiscal year for the period April first, two thousand twenty through 17 March thirty-first, two thousand twenty-three. 18 (p) Funds shall be deposited by the commissioner, within amounts 19 appropriated, and the state comptroller is hereby authorized and 20 directed to receive for deposit to the credit of the state special 21 revenue funds - other, indigent care fund - 068, indigent care account, 22 or any successor fund or account, for purposes of providing a medicaid 23 disproportionate share payment from the high need indigent care adjust- 24 ment pool established pursuant to section twenty-eight hundred seven-w 25 of this article, from the tobacco control and insurance initiatives pool 26 established for the following periods in the following amounts: 27 (i) eighty-two million dollars annually for the periods January first, 28 two thousand through December thirty-first, two thousand two; 29 (ii) up to eighty-two million dollars for the period January first, 30 two thousand three through December thirty-first, two thousand three; 31 (iii) up to eighty-two million dollars for the period January first, 32 two thousand four through December thirty-first, two thousand four; 33 (iv) up to eighty-two million dollars for the period January first, 34 two thousand five through December thirty-first, two thousand five; 35 (v) up to eighty-two million dollars for the period January first, two 36 thousand six through December thirty-first, two thousand six; 37 (vi) up to eighty-two million dollars for the period January first, 38 two thousand seven through December thirty-first, two thousand seven; 39 (vii) up to eighty-two million dollars for the period January first, 40 two thousand eight through December thirty-first, two thousand eight; 41 (viii) up to eighty-two million dollars for the period January first, 42 two thousand nine through December thirty-first, two thousand nine; 43 (ix) up to eighty-two million dollars for the period January first, 44 two thousand ten through December thirty-first, two thousand ten; 45 (x) up to twenty million five hundred thousand dollars for the period 46 January first, two thousand eleven through March thirty-first, two thou- 47 sand eleven; and 48 (xi) up to eighty-two million dollars each state fiscal year for the 49 period April first, two thousand eleven through March thirty-first, two 50 thousand fourteen. 51 (q) Funds shall be reserved and accumulated from year to year and 52 shall be available, including income from invested funds, for purposes 53 of providing distributions to eligible school based health centers 54 established pursuant to section eighty-eight of chapter one of the laws 55 of nineteen hundred ninety-nine, from the tobacco control and insuranceS. 7506--B 145 A. 9506--B 1 initiatives pool established for the following periods in the following 2 amounts: 3 (i) seven million dollars annually for the period January first, two 4 thousand through December thirty-first, two thousand two; 5 (ii) up to seven million dollars for the period January first, two 6 thousand three through December thirty-first, two thousand three; 7 (iii) up to seven million dollars for the period January first, two 8 thousand four through December thirty-first, two thousand four; 9 (iv) up to seven million dollars for the period January first, two 10 thousand five through December thirty-first, two thousand five; 11 (v) up to seven million dollars for the period January first, two 12 thousand six through December thirty-first, two thousand six; 13 (vi) up to seven million dollars for the period January first, two 14 thousand seven through December thirty-first, two thousand seven; 15 (vii) up to seven million dollars for the period January first, two 16 thousand eight through December thirty-first, two thousand eight; 17 (viii) up to seven million dollars for the period January first, two 18 thousand nine through December thirty-first, two thousand nine; 19 (ix) up to seven million dollars for the period January first, two 20 thousand ten through December thirty-first, two thousand ten; 21 (x) up to one million seven hundred fifty thousand dollars for the 22 period January first, two thousand eleven through March thirty-first, 23 two thousand eleven; 24 (xi) up to five million six hundred thousand dollars each state fiscal 25 year for the period April first, two thousand eleven through March thir- 26 ty-first, two thousand fourteen; 27 (xii) up to five million two hundred [eighty-eighty] eighty-eight 28 thousand dollars each state fiscal year for the period April first, two 29 thousand fourteen through March thirty-first, two thousand seventeen; 30 [and] 31 (xiii) up to five million two hundred eighty-eight thousand dollars 32 each state fiscal year for the period April first, two thousand seven- 33 teen through March thirty-first, two thousand twenty; and 34 (xiv) up to five million two hundred eighty-eight thousand dollars 35 each state fiscal year for the period April first, two thousand twenty 36 through March thirty-first, two thousand twenty-three. 37 (r) Funds shall be deposited by the commissioner within amounts appro- 38 priated, and the state comptroller is hereby authorized and directed to 39 receive for deposit to the credit of the state special revenue funds - 40 other, HCRA transfer fund, medical assistance account, or any successor 41 fund or account, for purposes of providing distributions for supplemen- 42 tary medical insurance for Medicare part B premiums, physicians 43 services, outpatient services, medical equipment, supplies and other 44 health services, from the tobacco control and insurance initiatives pool 45 established for the following periods in the following amounts: 46 (i) forty-three million dollars for the period January first, two 47 thousand through December thirty-first, two thousand; 48 (ii) sixty-one million dollars for the period January first, two thou- 49 sand one through December thirty-first, two thousand one; 50 (iii) sixty-five million dollars for the period January first, two 51 thousand two through December thirty-first, two thousand two; 52 (iv) sixty-seven million five hundred thousand dollars for the period 53 January first, two thousand three through December thirty-first, two 54 thousand three; 55 (v) sixty-eight million dollars for the period January first, two 56 thousand four through December thirty-first, two thousand four;S. 7506--B 146 A. 9506--B 1 (vi) sixty-eight million dollars for the period January first, two 2 thousand five through December thirty-first, two thousand five; 3 (vii) sixty-eight million dollars for the period January first, two 4 thousand six through December thirty-first, two thousand six; 5 (viii) seventeen million five hundred thousand dollars for the period 6 January first, two thousand seven through December thirty-first, two 7 thousand seven; 8 (ix) sixty-eight million dollars for the period January first, two 9 thousand eight through December thirty-first, two thousand eight; 10 (x) sixty-eight million dollars for the period January first, two 11 thousand nine through December thirty-first, two thousand nine; 12 (xi) sixty-eight million dollars for the period January first, two 13 thousand ten through December thirty-first, two thousand ten; 14 (xii) seventeen million dollars for the period January first, two 15 thousand eleven through March thirty-first, two thousand eleven; and 16 (xiii) sixty-eight million dollars each state fiscal year for the 17 period April first, two thousand eleven through March thirty-first, two 18 thousand fourteen. 19 (s) Funds shall be deposited by the commissioner within amounts appro- 20 priated, and the state comptroller is hereby authorized and directed to 21 receive for deposit to the credit of the state special revenue funds - 22 other, HCRA transfer fund, medical assistance account, or any successor 23 fund or account, for purposes of providing distributions pursuant to 24 paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of 25 section twenty-eight hundred seven-c of this article from the tobacco 26 control and insurance initiatives pool established for the following 27 periods in the following amounts: 28 (i) eighteen million dollars for the period January first, two thou- 29 sand through December thirty-first, two thousand; 30 (ii) twenty-four million dollars annually for the periods January 31 first, two thousand one through December thirty-first, two thousand two; 32 (iii) up to twenty-four million dollars for the period January first, 33 two thousand three through December thirty-first, two thousand three; 34 (iv) up to twenty-four million dollars for the period January first, 35 two thousand four through December thirty-first, two thousand four; 36 (v) up to twenty-four million dollars for the period January first, 37 two thousand five through December thirty-first, two thousand five; 38 (vi) up to twenty-four million dollars for the period January first, 39 two thousand six through December thirty-first, two thousand six; 40 (vii) up to twenty-four million dollars for the period January first, 41 two thousand seven through December thirty-first, two thousand seven; 42 (viii) up to twenty-four million dollars for the period January first, 43 two thousand eight through December thirty-first, two thousand eight; 44 and 45 (ix) up to twenty-two million dollars for the period January first, 46 two thousand nine through November thirtieth, two thousand nine. 47 (t) Funds shall be reserved and accumulated from year to year by the 48 commissioner and shall be made available, including income from invested 49 funds: 50 (i) For the purpose of making grants to a state owned and operated 51 medical school which does not have a state owned and operated hospital 52 on site and available for teaching purposes. Notwithstanding sections 53 one hundred twelve and one hundred sixty-three of the state finance law, 54 such grants shall be made in the amount of up to five hundred thousand 55 dollars for the period January first, two thousand through December 56 thirty-first, two thousand;S. 7506--B 147 A. 9506--B 1 (ii) For the purpose of making grants to medical schools pursuant to 2 section eighty-six-a of chapter one of the laws of nineteen hundred 3 ninety-nine in the sum of up to four million dollars for the period 4 January first, two thousand through December thirty-first, two thousand; 5 and 6 (iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of 7 this paragraph from the tobacco control and insurance initiatives pool 8 are contingent upon meeting all funding amounts established pursuant to 9 paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r) 10 and (s) of this subdivision, paragraph (a) of subdivision nine of 11 section twenty-eight hundred seven-j of this article, and paragraphs 12 (a), (i) and (k) of subdivision one of section twenty-eight hundred 13 seven-l of this article. 14 (u) Funds shall be deposited by the commissioner, within amounts 15 appropriated, and the state comptroller is hereby authorized and 16 directed to receive for deposit to the credit of the state special 17 revenue funds - other, HCRA transfer fund, medical assistance account, 18 or any successor fund or account, for purposes of funding the state 19 share of services and expenses related to the nursing home quality 20 improvement demonstration program established pursuant to section twen- 21 ty-eight hundred eight-d of this article from the tobacco control and 22 insurance initiatives pool established for the following periods in the 23 following amounts: 24 (i) up to twenty-five million dollars for the period beginning April 25 first, two thousand two and ending December thirty-first, two thousand 26 two, and on an annualized basis, for each annual period thereafter 27 beginning January first, two thousand three and ending December thirty- 28 first, two thousand four; 29 (ii) up to eighteen million seven hundred fifty thousand dollars for 30 the period January first, two thousand five through December thirty- 31 first, two thousand five; and 32 (iii) up to fifty-six million five hundred thousand dollars for the 33 period January first, two thousand six through December thirty-first, 34 two thousand six. 35 (v) Funds shall be transferred by the commissioner and shall be depos- 36 ited to the credit of the hospital excess liability pool created pursu- 37 ant to section eighteen of chapter two hundred sixty-six of the laws of 38 nineteen hundred eighty-six, or any successor fund or account, for 39 purposes of expenses related to the purchase of excess medical malprac- 40 tice insurance and the cost of administrating the pool, including costs 41 associated with the risk management program established pursuant to 42 section forty-two of part A of chapter one of the laws of two thousand 43 two required by paragraph (a) of subdivision one of section eighteen of 44 chapter two hundred sixty-six of the laws of nineteen hundred eighty-six 45 as may be amended from time to time, from the tobacco control and insur- 46 ance initiatives pool established for the following periods in the 47 following amounts: 48 (i) up to fifty million dollars or so much as is needed for the period 49 January first, two thousand two through December thirty-first, two thou- 50 sand two; 51 (ii) up to seventy-six million seven hundred thousand dollars for the 52 period January first, two thousand three through December thirty-first, 53 two thousand three; 54 (iii) up to sixty-five million dollars for the period January first, 55 two thousand four through December thirty-first, two thousand four;S. 7506--B 148 A. 9506--B 1 (iv) up to sixty-five million dollars for the period January first, 2 two thousand five through December thirty-first, two thousand five; 3 (v) up to one hundred thirteen million eight hundred thousand dollars 4 for the period January first, two thousand six through December thirty- 5 first, two thousand six; 6 (vi) up to one hundred thirty million dollars for the period January 7 first, two thousand seven through December thirty-first, two thousand 8 seven; 9 (vii) up to one hundred thirty million dollars for the period January 10 first, two thousand eight through December thirty-first, two thousand 11 eight; 12 (viii) up to one hundred thirty million dollars for the period January 13 first, two thousand nine through December thirty-first, two thousand 14 nine; 15 (ix) up to one hundred thirty million dollars for the period January 16 first, two thousand ten through December thirty-first, two thousand ten; 17 (x) up to thirty-two million five hundred thousand dollars for the 18 period January first, two thousand eleven through March thirty-first, 19 two thousand eleven; 20 (xi) up to one hundred twenty-seven million four hundred thousand 21 dollars each state fiscal year for the period April first, two thousand 22 eleven through March thirty-first, two thousand fourteen; 23 (xii) up to one hundred twenty-seven million four hundred thousand 24 dollars each state fiscal year for the period April first, two thousand 25 fourteen through March thirty-first, two thousand seventeen; [and] 26 (xiii) up to one hundred twenty-seven million four hundred thousand 27 dollars each state fiscal year for the period April first, two thousand 28 seventeen through March thirty-first, two thousand twenty; and 29 (xiv) up to one hundred twenty-seven million four hundred thousand 30 dollars each state fiscal year for the period April first, two thousand 31 twenty through March thirty-first, two thousand twenty-three. 32 (w) Funds shall be deposited by the commissioner, within amounts 33 appropriated, and the state comptroller is hereby authorized and 34 directed to receive for deposit to the credit of the state special 35 revenue funds - other, HCRA transfer fund, medical assistance account, 36 or any successor fund or account, for purposes of funding the state 37 share of the treatment of breast and cervical cancer pursuant to para- 38 graph [(v)] (d) of subdivision four of section three hundred sixty-six 39 of the social services law, from the tobacco control and insurance 40 initiatives pool established for the following periods in the following 41 amounts: 42 (i) up to four hundred fifty thousand dollars for the period January 43 first, two thousand two through December thirty-first, two thousand two; 44 (ii) up to two million one hundred thousand dollars for the period 45 January first, two thousand three through December thirty-first, two 46 thousand three; 47 (iii) up to two million one hundred thousand dollars for the period 48 January first, two thousand four through December thirty-first, two 49 thousand four; 50 (iv) up to two million one hundred thousand dollars for the period 51 January first, two thousand five through December thirty-first, two 52 thousand five; 53 (v) up to two million one hundred thousand dollars for the period 54 January first, two thousand six through December thirty-first, two thou- 55 sand six;S. 7506--B 149 A. 9506--B 1 (vi) up to two million one hundred thousand dollars for the period 2 January first, two thousand seven through December thirty-first, two 3 thousand seven; 4 (vii) up to two million one hundred thousand dollars for the period 5 January first, two thousand eight through December thirty-first, two 6 thousand eight; 7 (viii) up to two million one hundred thousand dollars for the period 8 January first, two thousand nine through December thirty-first, two 9 thousand nine; 10 (ix) up to two million one hundred thousand dollars for the period 11 January first, two thousand ten through December thirty-first, two thou- 12 sand ten; 13 (x) up to five hundred twenty-five thousand dollars for the period 14 January first, two thousand eleven through March thirty-first, two thou- 15 sand eleven; 16 (xi) up to two million one hundred thousand dollars each state fiscal 17 year for the period April first, two thousand eleven through March thir- 18 ty-first, two thousand fourteen; 19 (xii) up to two million one hundred thousand dollars each state fiscal 20 year for the period April first, two thousand fourteen through March 21 thirty-first, two thousand seventeen; [and] 22 (xiii) up to two million one hundred thousand dollars each state 23 fiscal year for the period April first, two thousand seventeen through 24 March thirty-first, two thousand twenty; and 25 (xiv) up to two million one hundred thousand dollars each state fiscal 26 year for the period April first, two thousand twenty through March thir- 27 ty-first, two thousand twenty-three. 28 (x) Funds shall be deposited by the commissioner, within amounts 29 appropriated, and the state comptroller is hereby authorized and 30 directed to receive for deposit to the credit of the state special 31 revenue funds - other, HCRA transfer fund, medical assistance account, 32 or any successor fund or account, for purposes of funding the state 33 share of the non-public general hospital rates increases for recruitment 34 and retention of health care workers from the tobacco control and insur- 35 ance initiatives pool established for the following periods in the 36 following amounts: 37 (i) twenty-seven million one hundred thousand dollars on an annualized 38 basis for the period January first, two thousand two through December 39 thirty-first, two thousand two; 40 (ii) fifty million eight hundred thousand dollars on an annualized 41 basis for the period January first, two thousand three through December 42 thirty-first, two thousand three; 43 (iii) sixty-nine million three hundred thousand dollars on an annual- 44 ized basis for the period January first, two thousand four through 45 December thirty-first, two thousand four; 46 (iv) sixty-nine million three hundred thousand dollars for the period 47 January first, two thousand five through December thirty-first, two 48 thousand five; 49 (v) sixty-nine million three hundred thousand dollars for the period 50 January first, two thousand six through December thirty-first, two thou- 51 sand six; 52 (vi) sixty-five million three hundred thousand dollars for the period 53 January first, two thousand seven through December thirty-first, two 54 thousand seven;S. 7506--B 150 A. 9506--B 1 (vii) sixty-one million one hundred fifty thousand dollars for the 2 period January first, two thousand eight through December thirty-first, 3 two thousand eight; and 4 (viii) forty-eight million seven hundred twenty-one thousand dollars 5 for the period January first, two thousand nine through November thirti- 6 eth, two thousand nine. 7 (y) Funds shall be reserved and accumulated from year to year and 8 shall be available, including income from invested funds, for purposes 9 of grants to public general hospitals for recruitment and retention of 10 health care workers pursuant to paragraph (b) of subdivision thirty of 11 section twenty-eight hundred seven-c of this article from the tobacco 12 control and insurance initiatives pool established for the following 13 periods in the following amounts: 14 (i) eighteen million five hundred thousand dollars on an annualized 15 basis for the period January first, two thousand two through December 16 thirty-first, two thousand two; 17 (ii) thirty-seven million four hundred thousand dollars on an annual- 18 ized basis for the period January first, two thousand three through 19 December thirty-first, two thousand three; 20 (iii) fifty-two million two hundred thousand dollars on an annualized 21 basis for the period January first, two thousand four through December 22 thirty-first, two thousand four; 23 (iv) fifty-two million two hundred thousand dollars for the period 24 January first, two thousand five through December thirty-first, two 25 thousand five; 26 (v) fifty-two million two hundred thousand dollars for the period 27 January first, two thousand six through December thirty-first, two thou- 28 sand six; 29 (vi) forty-nine million dollars for the period January first, two 30 thousand seven through December thirty-first, two thousand seven; 31 (vii) forty-nine million dollars for the period January first, two 32 thousand eight through December thirty-first, two thousand eight; and 33 (viii) twelve million two hundred fifty thousand dollars for the peri- 34 od January first, two thousand nine through March thirty-first, two 35 thousand nine. 36 Provided, however, amounts pursuant to this paragraph may be reduced 37 in an amount to be approved by the director of the budget to reflect 38 amounts received from the federal government under the state's 1115 39 waiver which are directed under its terms and conditions to the health 40 workforce recruitment and retention program. 41 (z) Funds shall be deposited by the commissioner, within amounts 42 appropriated, and the state comptroller is hereby authorized and 43 directed to receive for deposit to the credit of the state special 44 revenue funds - other, HCRA transfer fund, medical assistance account, 45 or any successor fund or account, for purposes of funding the state 46 share of the non-public residential health care facility rate increases 47 for recruitment and retention of health care workers pursuant to para- 48 graph (a) of subdivision eighteen of section twenty-eight hundred eight 49 of this article from the tobacco control and insurance initiatives pool 50 established for the following periods in the following amounts: 51 (i) twenty-one million five hundred thousand dollars on an annualized 52 basis for the period January first, two thousand two through December 53 thirty-first, two thousand two; 54 (ii) thirty-three million three hundred thousand dollars on an annual- 55 ized basis for the period January first, two thousand three through 56 December thirty-first, two thousand three;S. 7506--B 151 A. 9506--B 1 (iii) forty-six million three hundred thousand dollars on an annual- 2 ized basis for the period January first, two thousand four through 3 December thirty-first, two thousand four; 4 (iv) forty-six million three hundred thousand dollars for the period 5 January first, two thousand five through December thirty-first, two 6 thousand five; 7 (v) forty-six million three hundred thousand dollars for the period 8 January first, two thousand six through December thirty-first, two thou- 9 sand six; 10 (vi) thirty million nine hundred thousand dollars for the period Janu- 11 ary first, two thousand seven through December thirty-first, two thou- 12 sand seven; 13 (vii) twenty-four million seven hundred thousand dollars for the peri- 14 od January first, two thousand eight through December thirty-first, two 15 thousand eight; 16 (viii) twelve million three hundred seventy-five thousand dollars for 17 the period January first, two thousand nine through December thirty- 18 first, two thousand nine; 19 (ix) nine million three hundred thousand dollars for the period Janu- 20 ary first, two thousand ten through December thirty-first, two thousand 21 ten; and 22 (x) two million three hundred twenty-five thousand dollars for the 23 period January first, two thousand eleven through March thirty-first, 24 two thousand eleven. 25 (aa) Funds shall be reserved and accumulated from year to year and 26 shall be available, including income from invested funds, for purposes 27 of grants to public residential health care facilities for recruitment 28 and retention of health care workers pursuant to paragraph (b) of subdi- 29 vision eighteen of section twenty-eight hundred eight of this article 30 from the tobacco control and insurance initiatives pool established for 31 the following periods in the following amounts: 32 (i) seven million five hundred thousand dollars on an annualized basis 33 for the period January first, two thousand two through December thirty- 34 first, two thousand two; 35 (ii) eleven million seven hundred thousand dollars on an annualized 36 basis for the period January first, two thousand three through December 37 thirty-first, two thousand three; 38 (iii) sixteen million two hundred thousand dollars on an annualized 39 basis for the period January first, two thousand four through December 40 thirty-first, two thousand four; 41 (iv) sixteen million two hundred thousand dollars for the period Janu- 42 ary first, two thousand five through December thirty-first, two thousand 43 five; 44 (v) sixteen million two hundred thousand dollars for the period Janu- 45 ary first, two thousand six through December thirty-first, two thousand 46 six; 47 (vi) ten million eight hundred thousand dollars for the period January 48 first, two thousand seven through December thirty-first, two thousand 49 seven; 50 (vii) six million seven hundred fifty thousand dollars for the period 51 January first, two thousand eight through December thirty-first, two 52 thousand eight; and 53 (viii) one million three hundred fifty thousand dollars for the period 54 January first, two thousand nine through December thirty-first, two 55 thousand nine.S. 7506--B 152 A. 9506--B 1 (bb)(i) Funds shall be deposited by the commissioner, within amounts 2 appropriated, and subject to the availability of federal financial 3 participation, and the state comptroller is hereby authorized and 4 directed to receive for deposit to the credit of the state special 5 revenue funds - other, HCRA transfer fund, medical assistance account, 6 or any successor fund or account, for the purpose of supporting the 7 state share of adjustments to Medicaid rates of payment for personal 8 care services provided pursuant to paragraph (e) of subdivision two of 9 section three hundred sixty-five-a of the social services law, for local 10 social service districts which include a city with a population of over 11 one million persons and computed and distributed in accordance with 12 memorandums of understanding to be entered into between the state of New 13 York and such local social service districts for the purpose of support- 14 ing the recruitment and retention of personal care service workers or 15 any worker with direct patient care responsibility, from the tobacco 16 control and insurance initiatives pool established for the following 17 periods and the following amounts: 18 (A) forty-four million dollars, on an annualized basis, for the period 19 April first, two thousand two through December thirty-first, two thou- 20 sand two; 21 (B) seventy-four million dollars, on an annualized basis, for the 22 period January first, two thousand three through December thirty-first, 23 two thousand three; 24 (C) one hundred four million dollars, on an annualized basis, for the 25 period January first, two thousand four through December thirty-first, 26 two thousand four; 27 (D) one hundred thirty-six million dollars, on an annualized basis, 28 for the period January first, two thousand five through December thir- 29 ty-first, two thousand five; 30 (E) one hundred thirty-six million dollars, on an annualized basis, 31 for the period January first, two thousand six through December thirty- 32 first, two thousand six; 33 (F) one hundred thirty-six million dollars for the period January 34 first, two thousand seven through December thirty-first, two thousand 35 seven; 36 (G) one hundred thirty-six million dollars for the period January 37 first, two thousand eight through December thirty-first, two thousand 38 eight; 39 (H) one hundred thirty-six million dollars for the period January 40 first, two thousand nine through December thirty-first, two thousand 41 nine; 42 (I) one hundred thirty-six million dollars for the period January 43 first, two thousand ten through December thirty-first, two thousand ten; 44 (J) thirty-four million dollars for the period January first, two 45 thousand eleven through March thirty-first, two thousand eleven; 46 (K) up to one hundred thirty-six million dollars each state fiscal 47 year for the period April first, two thousand eleven through March thir- 48 ty-first, two thousand fourteen; 49 (L) up to one hundred thirty-six million dollars each state fiscal 50 year for the period March thirty-first, two thousand fourteen through 51 April first, two thousand seventeen; [and] 52 (M) up to one hundred thirty-six million dollars each state fiscal 53 year for the period April first, two thousand seventeen through March 54 thirty-first, two thousand twenty; andS. 7506--B 153 A. 9506--B 1 (N) up to one hundred thirty-six million dollars each state fiscal 2 year for the period April first, two thousand twenty through March thir- 3 ty-first, two thousand twenty-three. 4 (ii) Adjustments to Medicaid rates made pursuant to this paragraph 5 shall not, in aggregate, exceed the following amounts for the following 6 periods: 7 (A) for the period April first, two thousand two through December 8 thirty-first, two thousand two, one hundred ten million dollars; 9 (B) for the period January first, two thousand three through December 10 thirty-first, two thousand three, one hundred eighty-five million 11 dollars; 12 (C) for the period January first, two thousand four through December 13 thirty-first, two thousand four, two hundred sixty million dollars; 14 (D) for the period January first, two thousand five through December 15 thirty-first, two thousand five, three hundred forty million dollars; 16 (E) for the period January first, two thousand six through December 17 thirty-first, two thousand six, three hundred forty million dollars; 18 (F) for the period January first, two thousand seven through December 19 thirty-first, two thousand seven, three hundred forty million dollars; 20 (G) for the period January first, two thousand eight through December 21 thirty-first, two thousand eight, three hundred forty million dollars; 22 (H) for the period January first, two thousand nine through December 23 thirty-first, two thousand nine, three hundred forty million dollars; 24 (I) for the period January first, two thousand ten through December 25 thirty-first, two thousand ten, three hundred forty million dollars; 26 (J) for the period January first, two thousand eleven through March 27 thirty-first, two thousand eleven, eighty-five million dollars; 28 (K) for each state fiscal year within the period April first, two 29 thousand eleven through March thirty-first, two thousand fourteen, three 30 hundred forty million dollars; 31 (L) for each state fiscal year within the period April first, two 32 thousand fourteen through March thirty-first, two thousand seventeen, 33 three hundred forty million dollars; [and] 34 (M) for each state fiscal year within the period April first, two 35 thousand seventeen through March thirty-first, two thousand twenty, 36 three hundred forty million dollars; and 37 (N) for each state fiscal year within the period April first, two 38 thousand twenty through March thirty-first, two thousand twenty-three, 39 three hundred forty million dollars. 40 (iii) Personal care service providers which have their rates adjusted 41 pursuant to this paragraph shall use such funds for the purpose of 42 recruitment and retention of non-supervisory personal care services 43 workers or any worker with direct patient care responsibility only and 44 are prohibited from using such funds for any other purpose. Each such 45 personal care services provider shall submit, at a time and in a manner 46 to be determined by the commissioner, a written certification attesting 47 that such funds will be used solely for the purpose of recruitment and 48 retention of non-supervisory personal care services workers or any work- 49 er with direct patient care responsibility. The commissioner is author- 50 ized to audit each such provider to ensure compliance with the written 51 certification required by this subdivision and shall recoup any funds 52 determined to have been used for purposes other than recruitment and 53 retention of non-supervisory personal care services workers or any work- 54 er with direct patient care responsibility. Such recoupment shall be in 55 addition to any other penalties provided by law.S. 7506--B 154 A. 9506--B 1 (cc) Funds shall be deposited by the commissioner, within amounts 2 appropriated, and the state comptroller is hereby authorized and 3 directed to receive for deposit to the credit of the state special 4 revenue funds - other, HCRA transfer fund, medical assistance account, 5 or any successor fund or account, for the purpose of supporting the 6 state share of adjustments to Medicaid rates of payment for personal 7 care services provided pursuant to paragraph (e) of subdivision two of 8 section three hundred sixty-five-a of the social services law, for local 9 social service districts which shall not include a city with a popu- 10 lation of over one million persons for the purpose of supporting the 11 personal care services worker recruitment and retention program as 12 established pursuant to section three hundred sixty-seven-q of the 13 social services law, from the tobacco control and insurance initiatives 14 pool established for the following periods and the following amounts: 15 (i) two million eight hundred thousand dollars for the period April 16 first, two thousand two through December thirty-first, two thousand two; 17 (ii) five million six hundred thousand dollars, on an annualized 18 basis, for the period January first, two thousand three through December 19 thirty-first, two thousand three; 20 (iii) eight million four hundred thousand dollars, on an annualized 21 basis, for the period January first, two thousand four through December 22 thirty-first, two thousand four; 23 (iv) ten million eight hundred thousand dollars, on an annualized 24 basis, for the period January first, two thousand five through December 25 thirty-first, two thousand five; 26 (v) ten million eight hundred thousand dollars, on an annualized 27 basis, for the period January first, two thousand six through December 28 thirty-first, two thousand six; 29 (vi) eleven million two hundred thousand dollars for the period Janu- 30 ary first, two thousand seven through December thirty-first, two thou- 31 sand seven; 32 (vii) eleven million two hundred thousand dollars for the period Janu- 33 ary first, two thousand eight through December thirty-first, two thou- 34 sand eight; 35 (viii) eleven million two hundred thousand dollars for the period 36 January first, two thousand nine through December thirty-first, two 37 thousand nine; 38 (ix) eleven million two hundred thousand dollars for the period Janu- 39 ary first, two thousand ten through December thirty-first, two thousand 40 ten; 41 (x) two million eight hundred thousand dollars for the period January 42 first, two thousand eleven through March thirty-first, two thousand 43 eleven; 44 (xi) up to eleven million two hundred thousand dollars each state 45 fiscal year for the period April first, two thousand eleven through 46 March thirty-first, two thousand fourteen; 47 (xii) up to eleven million two hundred thousand dollars each state 48 fiscal year for the period April first, two thousand fourteen through 49 March thirty-first, two thousand seventeen; [and] 50 (xiii) up to eleven million two hundred thousand dollars each state 51 fiscal year for the period April first, two thousand seventeen through 52 March thirty-first, two thousand twenty; and 53 (xiv) up to eleven million two hundred thousand dollars each state 54 fiscal year for the period April first, two thousand twenty through 55 March thirty-first, two thousand twenty-three.S. 7506--B 155 A. 9506--B 1 (dd) Funds shall be deposited by the commissioner, within amounts 2 appropriated, and the state comptroller is hereby authorized and 3 directed to receive for deposit to the credit of the state special 4 revenue fund - other, HCRA transfer fund, medical assistance account, or 5 any successor fund or account, for purposes of funding the state share 6 of Medicaid expenditures for physician services from the tobacco control 7 and insurance initiatives pool established for the following periods in 8 the following amounts: 9 (i) up to fifty-two million dollars for the period January first, two 10 thousand two through December thirty-first, two thousand two; 11 (ii) eighty-one million two hundred thousand dollars for the period 12 January first, two thousand three through December thirty-first, two 13 thousand three; 14 (iii) eighty-five million two hundred thousand dollars for the period 15 January first, two thousand four through December thirty-first, two 16 thousand four; 17 (iv) eighty-five million two hundred thousand dollars for the period 18 January first, two thousand five through December thirty-first, two 19 thousand five; 20 (v) eighty-five million two hundred thousand dollars for the period 21 January first, two thousand six through December thirty-first, two thou- 22 sand six; 23 (vi) eighty-five million two hundred thousand dollars for the period 24 January first, two thousand seven through December thirty-first, two 25 thousand seven; 26 (vii) eighty-five million two hundred thousand dollars for the period 27 January first, two thousand eight through December thirty-first, two 28 thousand eight; 29 (viii) eighty-five million two hundred thousand dollars for the period 30 January first, two thousand nine through December thirty-first, two 31 thousand nine; 32 (ix) eighty-five million two hundred thousand dollars for the period 33 January first, two thousand ten through December thirty-first, two thou- 34 sand ten; 35 (x) twenty-one million three hundred thousand dollars for the period 36 January first, two thousand eleven through March thirty-first, two thou- 37 sand eleven; and 38 (xi) eighty-five million two hundred thousand dollars each state 39 fiscal year for the period April first, two thousand eleven through 40 March thirty-first, two thousand fourteen. 41 (ee) Funds shall be deposited by the commissioner, within amounts 42 appropriated, and the state comptroller is hereby authorized and 43 directed to receive for deposit to the credit of the state special 44 revenue fund - other, HCRA transfer fund, medical assistance account, or 45 any successor fund or account, for purposes of funding the state share 46 of the free-standing diagnostic and treatment center rate increases for 47 recruitment and retention of health care workers pursuant to subdivision 48 seventeen of section twenty-eight hundred seven of this article from the 49 tobacco control and insurance initiatives pool established for the 50 following periods in the following amounts: 51 (i) three million two hundred fifty thousand dollars for the period 52 April first, two thousand two through December thirty-first, two thou- 53 sand two; 54 (ii) three million two hundred fifty thousand dollars on an annualized 55 basis for the period January first, two thousand three through December 56 thirty-first, two thousand three;S. 7506--B 156 A. 9506--B 1 (iii) three million two hundred fifty thousand dollars on an annual- 2 ized basis for the period January first, two thousand four through 3 December thirty-first, two thousand four; 4 (iv) three million two hundred fifty thousand dollars for the period 5 January first, two thousand five through December thirty-first, two 6 thousand five; 7 (v) three million two hundred fifty thousand dollars for the period 8 January first, two thousand six through December thirty-first, two thou- 9 sand six; 10 (vi) three million two hundred fifty thousand dollars for the period 11 January first, two thousand seven through December thirty-first, two 12 thousand seven; 13 (vii) three million four hundred thirty-eight thousand dollars for the 14 period January first, two thousand eight through December thirty-first, 15 two thousand eight; 16 (viii) two million four hundred fifty thousand dollars for the period 17 January first, two thousand nine through December thirty-first, two 18 thousand nine; 19 (ix) one million five hundred thousand dollars for the period January 20 first, two thousand ten through December thirty-first, two thousand ten; 21 and 22 (x) three hundred twenty-five thousand dollars for the period January 23 first, two thousand eleven through March thirty-first, two thousand 24 eleven. 25 (ff) Funds shall be deposited by the commissioner, within amounts 26 appropriated, and the state comptroller is hereby authorized and 27 directed to receive for deposit to the credit of the state special 28 revenue fund - other, HCRA transfer fund, medical assistance account, or 29 any successor fund or account, for purposes of funding the state share 30 of Medicaid expenditures for disabled persons as authorized pursuant to 31 former subparagraphs twelve and thirteen of paragraph (a) of subdivision 32 one of section three hundred sixty-six of the social services law from 33 the tobacco control and insurance initiatives pool established for the 34 following periods in the following amounts: 35 (i) one million eight hundred thousand dollars for the period April 36 first, two thousand two through December thirty-first, two thousand two; 37 (ii) sixteen million four hundred thousand dollars on an annualized 38 basis for the period January first, two thousand three through December 39 thirty-first, two thousand three; 40 (iii) eighteen million seven hundred thousand dollars on an annualized 41 basis for the period January first, two thousand four through December 42 thirty-first, two thousand four; 43 (iv) thirty million six hundred thousand dollars for the period Janu- 44 ary first, two thousand five through December thirty-first, two thousand 45 five; 46 (v) thirty million six hundred thousand dollars for the period January 47 first, two thousand six through December thirty-first, two thousand six; 48 (vi) thirty million six hundred thousand dollars for the period Janu- 49 ary first, two thousand seven through December thirty-first, two thou- 50 sand seven; 51 (vii) fifteen million dollars for the period January first, two thou- 52 sand eight through December thirty-first, two thousand eight; 53 (viii) fifteen million dollars for the period January first, two thou- 54 sand nine through December thirty-first, two thousand nine; 55 (ix) fifteen million dollars for the period January first, two thou- 56 sand ten through December thirty-first, two thousand ten;S. 7506--B 157 A. 9506--B 1 (x) three million seven hundred fifty thousand dollars for the period 2 January first, two thousand eleven through March thirty-first, two thou- 3 sand eleven; 4 (xi) fifteen million dollars each state fiscal year for the period 5 April first, two thousand eleven through March thirty-first, two thou- 6 sand fourteen; 7 (xii) fifteen million dollars each state fiscal year for the period 8 April first, two thousand fourteen through March thirty-first, two thou- 9 sand seventeen; [and] 10 (xiii) fifteen million dollars each state fiscal year for the period 11 April first, two thousand seventeen through March thirty-first, two 12 thousand twenty; and 13 (xiv) fifteen million dollars each state fiscal year for the period 14 April first, two thousand twenty through March thirty-first, two thou- 15 sand twenty-three. 16 (gg) Funds shall be reserved and accumulated from year to year and 17 shall be available, including income from invested funds, for purposes 18 of grants to non-public general hospitals pursuant to paragraph (c) of 19 subdivision thirty of section twenty-eight hundred seven-c of this arti- 20 cle from the tobacco control and insurance initiatives pool established 21 for the following periods in the following amounts: 22 (i) up to one million three hundred thousand dollars on an annualized 23 basis for the period January first, two thousand two through December 24 thirty-first, two thousand two; 25 (ii) up to three million two hundred thousand dollars on an annualized 26 basis for the period January first, two thousand three through December 27 thirty-first, two thousand three; 28 (iii) up to five million six hundred thousand dollars on an annualized 29 basis for the period January first, two thousand four through December 30 thirty-first, two thousand four; 31 (iv) up to eight million six hundred thousand dollars for the period 32 January first, two thousand five through December thirty-first, two 33 thousand five; 34 (v) up to eight million six hundred thousand dollars on an annualized 35 basis for the period January first, two thousand six through December 36 thirty-first, two thousand six; 37 (vi) up to two million six hundred thousand dollars for the period 38 January first, two thousand seven through December thirty-first, two 39 thousand seven; 40 (vii) up to two million six hundred thousand dollars for the period 41 January first, two thousand eight through December thirty-first, two 42 thousand eight; 43 (viii) up to two million six hundred thousand dollars for the period 44 January first, two thousand nine through December thirty-first, two 45 thousand nine; 46 (ix) up to two million six hundred thousand dollars for the period 47 January first, two thousand ten through December thirty-first, two thou- 48 sand ten; and 49 (x) up to six hundred fifty thousand dollars for the period January 50 first, two thousand eleven through March thirty-first, two thousand 51 eleven. 52 (hh) Funds shall be deposited by the commissioner, within amounts 53 appropriated, and the state comptroller is hereby authorized and 54 directed to receive for deposit to the credit of the special revenue 55 fund - other, HCRA transfer fund, medical assistance account for 56 purposes of providing financial assistance to residential health careS. 7506--B 158 A. 9506--B 1 facilities pursuant to subdivisions nineteen and twenty-one of section 2 twenty-eight hundred eight of this article, from the tobacco control and 3 insurance initiatives pool established for the following periods in the 4 following amounts: 5 (i) for the period April first, two thousand two through December 6 thirty-first, two thousand two, ten million dollars; 7 (ii) for the period January first, two thousand three through December 8 thirty-first, two thousand three, nine million four hundred fifty thou- 9 sand dollars; 10 (iii) for the period January first, two thousand four through December 11 thirty-first, two thousand four, nine million three hundred fifty thou- 12 sand dollars; 13 (iv) up to fifteen million dollars for the period January first, two 14 thousand five through December thirty-first, two thousand five; 15 (v) up to fifteen million dollars for the period January first, two 16 thousand six through December thirty-first, two thousand six; 17 (vi) up to fifteen million dollars for the period January first, two 18 thousand seven through December thirty-first, two thousand seven; 19 (vii) up to fifteen million dollars for the period January first, two 20 thousand eight through December thirty-first, two thousand eight; 21 (viii) up to fifteen million dollars for the period January first, two 22 thousand nine through December thirty-first, two thousand nine; 23 (ix) up to fifteen million dollars for the period January first, two 24 thousand ten through December thirty-first, two thousand ten; 25 (x) up to three million seven hundred fifty thousand dollars for the 26 period January first, two thousand eleven through March thirty-first, 27 two thousand eleven; and 28 (xi) fifteen million dollars each state fiscal year for the period 29 April first, two thousand eleven through March thirty-first, two thou- 30 sand fourteen. 31 (ii) Funds shall be deposited by the commissioner, within amounts 32 appropriated, and the state comptroller is hereby authorized and 33 directed to receive for deposit to the credit of the state special 34 revenue funds - other, HCRA transfer fund, medical assistance account, 35 or any successor fund or account, for the purpose of supporting the 36 state share of Medicaid expenditures for disabled persons as authorized 37 by sections 1619 (a) and (b) of the federal social security act pursuant 38 to the tobacco control and insurance initiatives pool established for 39 the following periods in the following amounts: 40 (i) six million four hundred thousand dollars for the period April 41 first, two thousand two through December thirty-first, two thousand two; 42 (ii) eight million five hundred thousand dollars, for the period Janu- 43 ary first, two thousand three through December thirty-first, two thou- 44 sand three; 45 (iii) eight million five hundred thousand dollars for the period Janu- 46 ary first, two thousand four through December thirty-first, two thousand 47 four; 48 (iv) eight million five hundred thousand dollars for the period Janu- 49 ary first, two thousand five through December thirty-first, two thousand 50 five; 51 (v) eight million five hundred thousand dollars for the period January 52 first, two thousand six through December thirty-first, two thousand six; 53 (vi) eight million six hundred thousand dollars for the period January 54 first, two thousand seven through December thirty-first, two thousand 55 seven;S. 7506--B 159 A. 9506--B 1 (vii) eight million five hundred thousand dollars for the period Janu- 2 ary first, two thousand eight through December thirty-first, two thou- 3 sand eight; 4 (viii) eight million five hundred thousand dollars for the period 5 January first, two thousand nine through December thirty-first, two 6 thousand nine; 7 (ix) eight million five hundred thousand dollars for the period Janu- 8 ary first, two thousand ten through December thirty-first, two thousand 9 ten; 10 (x) two million one hundred twenty-five thousand dollars for the peri- 11 od January first, two thousand eleven through March thirty-first, two 12 thousand eleven; 13 (xi) eight million five hundred thousand dollars each state fiscal 14 year for the period April first, two thousand eleven through March thir- 15 ty-first, two thousand fourteen; 16 (xii) eight million five hundred thousand dollars each state fiscal 17 year for the period April first, two thousand fourteen through March 18 thirty-first, two thousand seventeen; [and] 19 (xiii) eight million five hundred thousand dollars each state fiscal 20 year for the period April first, two thousand seventeen through March 21 thirty-first, two thousand twenty; and 22 (xiv) eight million five hundred thousand dollars each state fiscal 23 year for the period April first, two thousand twenty through March thir- 24 ty-first, two thousand twenty-three. 25 (jj) Funds shall be reserved and accumulated from year to year and 26 shall be available, including income from invested funds, for the 27 purposes of a grant program to improve access to infertility services, 28 treatments and procedures, from the tobacco control and insurance initi- 29 atives pool established for the period January first, two thousand two 30 through December thirty-first, two thousand two in the amount of nine 31 million one hundred seventy-five thousand dollars, for the period April 32 first, two thousand six through March thirty-first, two thousand seven 33 in the amount of five million dollars, for the period April first, two 34 thousand seven through March thirty-first, two thousand eight in the 35 amount of five million dollars, for the period April first, two thousand 36 eight through March thirty-first, two thousand nine in the amount of 37 five million dollars, and for the period April first, two thousand nine 38 through March thirty-first, two thousand ten in the amount of five 39 million dollars, for the period April first, two thousand ten through 40 March thirty-first, two thousand eleven in the amount of two million two 41 hundred thousand dollars, and for the period April first, two thousand 42 eleven through March thirty-first, two thousand twelve up to one million 43 one hundred thousand dollars. 44 (kk) Funds shall be deposited by the commissioner, within amounts 45 appropriated, and the state comptroller is hereby authorized and 46 directed to receive for deposit to the credit of the state special 47 revenue funds -- other, HCRA transfer fund, medical assistance account, 48 or any successor fund or account, for purposes of funding the state 49 share of Medical Assistance Program expenditures from the tobacco 50 control and insurance initiatives pool established for the following 51 periods in the following amounts: 52 (i) thirty-eight million eight hundred thousand dollars for the period 53 January first, two thousand two through December thirty-first, two thou- 54 sand two;S. 7506--B 160 A. 9506--B 1 (ii) up to two hundred ninety-five million dollars for the period 2 January first, two thousand three through December thirty-first, two 3 thousand three; 4 (iii) up to four hundred seventy-two million dollars for the period 5 January first, two thousand four through December thirty-first, two 6 thousand four; 7 (iv) up to nine hundred million dollars for the period January first, 8 two thousand five through December thirty-first, two thousand five; 9 (v) up to eight hundred sixty-six million three hundred thousand 10 dollars for the period January first, two thousand six through December 11 thirty-first, two thousand six; 12 (vi) up to six hundred sixteen million seven hundred thousand dollars 13 for the period January first, two thousand seven through December thir- 14 ty-first, two thousand seven; 15 (vii) up to five hundred seventy-eight million nine hundred twenty- 16 five thousand dollars for the period January first, two thousand eight 17 through December thirty-first, two thousand eight; and 18 (viii) within amounts appropriated on and after January first, two 19 thousand nine. 20 (ll) Funds shall be deposited by the commissioner, within amounts 21 appropriated, and the state comptroller is hereby authorized and 22 directed to receive for deposit to the credit of the state special 23 revenue funds -- other, HCRA transfer fund, medical assistance account, 24 or any successor fund or account, for purposes of funding the state 25 share of Medicaid expenditures related to the city of New York from the 26 tobacco control and insurance initiatives pool established for the 27 following periods in the following amounts: 28 (i) eighty-two million seven hundred thousand dollars for the period 29 January first, two thousand two through December thirty-first, two thou- 30 sand two; 31 (ii) one hundred twenty-four million six hundred thousand dollars for 32 the period January first, two thousand three through December thirty- 33 first, two thousand three; 34 (iii) one hundred twenty-four million seven hundred thousand dollars 35 for the period January first, two thousand four through December thir- 36 ty-first, two thousand four; 37 (iv) one hundred twenty-four million seven hundred thousand dollars 38 for the period January first, two thousand five through December thir- 39 ty-first, two thousand five; 40 (v) one hundred twenty-four million seven hundred thousand dollars for 41 the period January first, two thousand six through December thirty- 42 first, two thousand six; 43 (vi) one hundred twenty-four million seven hundred thousand dollars 44 for the period January first, two thousand seven through December thir- 45 ty-first, two thousand seven; 46 (vii) one hundred twenty-four million seven hundred thousand dollars 47 for the period January first, two thousand eight through December thir- 48 ty-first, two thousand eight; 49 (viii) one hundred twenty-four million seven hundred thousand dollars 50 for the period January first, two thousand nine through December thir- 51 ty-first, two thousand nine; 52 (ix) one hundred twenty-four million seven hundred thousand dollars 53 for the period January first, two thousand ten through December thirty- 54 first, two thousand ten;S. 7506--B 161 A. 9506--B 1 (x) thirty-one million one hundred seventy-five thousand dollars for 2 the period January first, two thousand eleven through March thirty- 3 first, two thousand eleven; and 4 (xi) one hundred twenty-four million seven hundred thousand dollars 5 each state fiscal year for the period April first, two thousand eleven 6 through March thirty-first, two thousand fourteen. 7 (mm) Funds shall be deposited by the commissioner, within amounts 8 appropriated, and the state comptroller is hereby authorized and 9 directed to receive for deposit to the credit of the state special 10 revenue funds - other, HCRA transfer fund, medical assistance account, 11 or any successor fund or account, for purposes of funding specified 12 percentages of the state share of services and expenses related to the 13 family health plus program in accordance with the following schedule: 14 (i) (A) for the period January first, two thousand three through 15 December thirty-first, two thousand four, one hundred percent of the 16 state share; 17 (B) for the period January first, two thousand five through December 18 thirty-first, two thousand five, seventy-five percent of the state 19 share; and 20 (C) for periods beginning on and after January first, two thousand 21 six, fifty percent of the state share. 22 (ii) Funding for the family health plus program will include up to 23 five million dollars annually for the period January first, two thousand 24 three through December thirty-first, two thousand six, up to five 25 million dollars for the period January first, two thousand seven through 26 December thirty-first, two thousand seven, up to seven million two 27 hundred thousand dollars for the period January first, two thousand 28 eight through December thirty-first, two thousand eight, up to seven 29 million two hundred thousand dollars for the period January first, two 30 thousand nine through December thirty-first, two thousand nine, up to 31 seven million two hundred thousand dollars for the period January first, 32 two thousand ten through December thirty-first, two thousand ten, up to 33 one million eight hundred thousand dollars for the period January first, 34 two thousand eleven through March thirty-first, two thousand eleven, up 35 to six million forty-nine thousand dollars for the period April first, 36 two thousand eleven through March thirty-first, two thousand twelve, up 37 to six million two hundred eighty-nine thousand dollars for the period 38 April first, two thousand twelve through March thirty-first, two thou- 39 sand thirteen, and up to six million four hundred sixty-one thousand 40 dollars for the period April first, two thousand thirteen through March 41 thirty-first, two thousand fourteen, for administration and marketing 42 costs associated with such program established pursuant to clauses (A) 43 and (B) of subparagraph (v) of paragraph (a) of subdivision two of 44 section three hundred sixty-nine-ee of the social services law from the 45 tobacco control and insurance initiatives pool established for the 46 following periods in the following amounts: 47 (A) one hundred ninety million six hundred thousand dollars for the 48 period January first, two thousand three through December thirty-first, 49 two thousand three; 50 (B) three hundred seventy-four million dollars for the period January 51 first, two thousand four through December thirty-first, two thousand 52 four; 53 (C) five hundred thirty-eight million four hundred thousand dollars 54 for the period January first, two thousand five through December thir- 55 ty-first, two thousand five;S. 7506--B 162 A. 9506--B 1 (D) three hundred eighteen million seven hundred seventy-five thousand 2 dollars for the period January first, two thousand six through December 3 thirty-first, two thousand six; 4 (E) four hundred eighty-two million eight hundred thousand dollars for 5 the period January first, two thousand seven through December thirty- 6 first, two thousand seven; 7 (F) five hundred seventy million twenty-five thousand dollars for the 8 period January first, two thousand eight through December thirty-first, 9 two thousand eight; 10 (G) six hundred ten million seven hundred twenty-five thousand dollars 11 for the period January first, two thousand nine through December thir- 12 ty-first, two thousand nine; 13 (H) six hundred twenty-seven million two hundred seventy-five thousand 14 dollars for the period January first, two thousand ten through December 15 thirty-first, two thousand ten; 16 (I) one hundred fifty-seven million eight hundred seventy-five thou- 17 sand dollars for the period January first, two thousand eleven through 18 March thirty-first, two thousand eleven; 19 (J) six hundred twenty-eight million four hundred thousand dollars for 20 the period April first, two thousand eleven through March thirty-first, 21 two thousand twelve; 22 (K) six hundred fifty million four hundred thousand dollars for the 23 period April first, two thousand twelve through March thirty-first, two 24 thousand thirteen; 25 (L) six hundred fifty million four hundred thousand dollars for the 26 period April first, two thousand thirteen through March thirty-first, 27 two thousand fourteen; and 28 (M) up to three hundred ten million five hundred ninety-five thousand 29 dollars for the period April first, two thousand fourteen through March 30 thirty-first, two thousand fifteen. 31 (nn) Funds shall be deposited by the commissioner, within amounts 32 appropriated, and the state comptroller is hereby authorized and 33 directed to receive for deposit to the credit of the state special 34 revenue fund - other, HCRA transfer fund, health care services account, 35 or any successor fund or account, for purposes related to adult home 36 initiatives for medicaid eligible residents of residential facilities 37 licensed pursuant to section four hundred sixty-b of the social services 38 law from the tobacco control and insurance initiatives pool established 39 for the following periods in the following amounts: 40 (i) up to four million dollars for the period January first, two thou- 41 sand three through December thirty-first, two thousand three; 42 (ii) up to six million dollars for the period January first, two thou- 43 sand four through December thirty-first, two thousand four; 44 (iii) up to eight million dollars for the period January first, two 45 thousand five through December thirty-first, two thousand five, 46 provided, however, that up to five million two hundred fifty thousand 47 dollars of such funds shall be received by the comptroller and deposited 48 to the credit of the special revenue fund - other / aid to localities, 49 HCRA transfer fund - 061, enhanced community services account - 05, or 50 any successor fund or account, for the purposes set forth in this para- 51 graph; 52 (iv) up to eight million dollars for the period January first, two 53 thousand six through December thirty-first, two thousand six, provided, 54 however, that up to five million two hundred fifty thousand dollars of 55 such funds shall be received by the comptroller and deposited to the 56 credit of the special revenue fund - other / aid to localities, HCRAS. 7506--B 163 A. 9506--B 1 transfer fund - 061, enhanced community services account - 05, or any 2 successor fund or account, for the purposes set forth in this paragraph; 3 (v) up to eight million dollars for the period January first, two 4 thousand seven through December thirty-first, two thousand seven, 5 provided, however, that up to five million two hundred fifty thousand 6 dollars of such funds shall be received by the comptroller and deposited 7 to the credit of the special revenue fund - other / aid to localities, 8 HCRA transfer fund - 061, enhanced community services account - 05, or 9 any successor fund or account, for the purposes set forth in this para- 10 graph; 11 (vi) up to two million seven hundred fifty thousand dollars for the 12 period January first, two thousand eight through December thirty-first, 13 two thousand eight; 14 (vii) up to two million seven hundred fifty thousand dollars for the 15 period January first, two thousand nine through December thirty-first, 16 two thousand nine; 17 (viii) up to two million seven hundred fifty thousand dollars for the 18 period January first, two thousand ten through December thirty-first, 19 two thousand ten; and 20 (ix) up to six hundred eighty-eight thousand dollars for the period 21 January first, two thousand eleven through March thirty-first, two thou- 22 sand eleven. 23 (oo) Funds shall be reserved and accumulated from year to year and 24 shall be available, including income from invested funds, for purposes 25 of grants to non-public general hospitals pursuant to paragraph (e) of 26 subdivision twenty-five of section twenty-eight hundred seven-c of this 27 article from the tobacco control and insurance initiatives pool estab- 28 lished for the following periods in the following amounts: 29 (i) up to five million dollars on an annualized basis for the period 30 January first, two thousand four through December thirty-first, two 31 thousand four; 32 (ii) up to five million dollars for the period January first, two 33 thousand five through December thirty-first, two thousand five; 34 (iii) up to five million dollars for the period January first, two 35 thousand six through December thirty-first, two thousand six; 36 (iv) up to five million dollars for the period January first, two 37 thousand seven through December thirty-first, two thousand seven; 38 (v) up to five million dollars for the period January first, two thou- 39 sand eight through December thirty-first, two thousand eight; 40 (vi) up to five million dollars for the period January first, two 41 thousand nine through December thirty-first, two thousand nine; 42 (vii) up to five million dollars for the period January first, two 43 thousand ten through December thirty-first, two thousand ten; and 44 (viii) up to one million two hundred fifty thousand dollars for the 45 period January first, two thousand eleven through March thirty-first, 46 two thousand eleven. 47 (pp) Funds shall be reserved and accumulated from year to year and 48 shall be available, including income from invested funds, for the 49 purpose of supporting the provision of tax credits for long term care 50 insurance pursuant to subdivision one of section one hundred ninety of 51 the tax law, paragraph (a) of subdivision [twenty-five-a] fourteen of 52 section two hundred [ten] ten-B of such law, subsection (aa) of section 53 six hundred six of such law[, paragraph one of subsection (k) of section54fourteen hundred fifty-six of such law] and paragraph one of subdivision 55 (m) of section fifteen hundred eleven of such law, in the following 56 amounts:S. 7506--B 164 A. 9506--B 1 (i) ten million dollars for the period January first, two thousand 2 four through December thirty-first, two thousand four; 3 (ii) ten million dollars for the period January first, two thousand 4 five through December thirty-first, two thousand five; 5 (iii) ten million dollars for the period January first, two thousand 6 six through December thirty-first, two thousand six; and 7 (iv) five million dollars for the period January first, two thousand 8 seven through June thirtieth, two thousand seven. 9 (qq) Funds shall be reserved and accumulated from year to year and 10 shall be available, including income from invested funds, for the 11 purpose of supporting the long-term care insurance education and 12 outreach program established pursuant to section two hundred seventeen-a 13 of the elder law for the following periods in the following amounts: 14 (i) up to five million dollars for the period January first, two thou- 15 sand four through December thirty-first, two thousand four; of such 16 funds one million nine hundred fifty thousand dollars shall be made 17 available to the department for the purpose of developing, implementing 18 and administering the long-term care insurance education and outreach 19 program and three million fifty thousand dollars shall be deposited by 20 the commissioner, within amounts appropriated, and the comptroller is 21 hereby authorized and directed to receive for deposit to the credit of 22 the special revenue funds - other, HCRA transfer fund, long term care 23 insurance resource center account of the state office for the aging or 24 any future account designated for the purpose of implementing the long 25 term care insurance education and outreach program and providing the 26 long term care insurance resource centers with the necessary resources 27 to carry out their operations; 28 (ii) up to five million dollars for the period January first, two 29 thousand five through December thirty-first, two thousand five; of such 30 funds one million nine hundred fifty thousand dollars shall be made 31 available to the department for the purpose of developing, implementing 32 and administering the long-term care insurance education and outreach 33 program and three million fifty thousand dollars shall be deposited by 34 the commissioner, within amounts appropriated, and the comptroller is 35 hereby authorized and directed to receive for deposit to the credit of 36 the special revenue funds - other, HCRA transfer fund, long term care 37 insurance resource center account of the state office for the aging or 38 any future account designated for the purpose of implementing the long 39 term care insurance education and outreach program and providing the 40 long term care insurance resource centers with the necessary resources 41 to carry out their operations; 42 (iii) up to five million dollars for the period January first, two 43 thousand six through December thirty-first, two thousand six; of such 44 funds one million nine hundred fifty thousand dollars shall be made 45 available to the department for the purpose of developing, implementing 46 and administering the long-term care insurance education and outreach 47 program and three million fifty thousand dollars shall be made available 48 to the office for the aging for the purpose of providing the long term 49 care insurance resource centers with the necessary resources to carry 50 out their operations; 51 (iv) up to five million dollars for the period January first, two 52 thousand seven through December thirty-first, two thousand seven; of 53 such funds one million nine hundred fifty thousand dollars shall be made 54 available to the department for the purpose of developing, implementing 55 and administering the long-term care insurance education and outreach 56 program and three million fifty thousand dollars shall be made availableS. 7506--B 165 A. 9506--B 1 to the office for the aging for the purpose of providing the long term 2 care insurance resource centers with the necessary resources to carry 3 out their operations; 4 (v) up to five million dollars for the period January first, two thou- 5 sand eight through December thirty-first, two thousand eight; of such 6 funds one million nine hundred fifty thousand dollars shall be made 7 available to the department for the purpose of developing, implementing 8 and administering the long term care insurance education and outreach 9 program and three million fifty thousand dollars shall be made available 10 to the office for the aging for the purpose of providing the long term 11 care insurance resource centers with the necessary resources to carry 12 out their operations; 13 (vi) up to five million dollars for the period January first, two 14 thousand nine through December thirty-first, two thousand nine; of such 15 funds one million nine hundred fifty thousand dollars shall be made 16 available to the department for the purpose of developing, implementing 17 and administering the long-term care insurance education and outreach 18 program and three million fifty thousand dollars shall be made available 19 to the office for the aging for the purpose of providing the long-term 20 care insurance resource centers with the necessary resources to carry 21 out their operations; 22 (vii) up to four hundred eighty-eight thousand dollars for the period 23 January first, two thousand ten through March thirty-first, two thousand 24 ten; of such funds four hundred eighty-eight thousand dollars shall be 25 made available to the department for the purpose of developing, imple- 26 menting and administering the long-term care insurance education and 27 outreach program. 28 (rr) Funds shall be reserved and accumulated from the tobacco control 29 and insurance initiatives pool and shall be available, including income 30 from invested funds, for the purpose of supporting expenses related to 31 implementation of the provisions of title [III] three of article twen- 32 ty-nine-D of this chapter, for the following periods and in the follow- 33 ing amounts: 34 (i) up to ten million dollars for the period January first, two thou- 35 sand six through December thirty-first, two thousand six; 36 (ii) up to ten million dollars for the period January first, two thou- 37 sand seven through December thirty-first, two thousand seven; 38 (iii) up to ten million dollars for the period January first, two 39 thousand eight through December thirty-first, two thousand eight; 40 (iv) up to ten million dollars for the period January first, two thou- 41 sand nine through December thirty-first, two thousand nine; 42 (v) up to ten million dollars for the period January first, two thou- 43 sand ten through December thirty-first, two thousand ten; and 44 (vi) up to two million five hundred thousand dollars for the period 45 January first, two thousand eleven through March thirty-first, two thou- 46 sand eleven. 47 (ss) Funds shall be reserved and accumulated from the tobacco control 48 and insurance initiatives pool and used for a health care stabilization 49 program established by the commissioner for the purposes of stabilizing 50 critical health care providers and health care programs whose ability to 51 continue to provide appropriate services are threatened by financial or 52 other challenges, in the amount of up to twenty-eight million dollars 53 for the period July first, two thousand four through June thirtieth, two 54 thousand five. Notwithstanding the provisions of section one hundred 55 twelve of the state finance law or any other inconsistent provision of 56 the state finance law or any other law, funds available for distributionS. 7506--B 166 A. 9506--B 1 pursuant to this paragraph may be allocated and distributed by the 2 commissioner, or the state comptroller as applicable without a compet- 3 itive bid or request for proposal process. Considerations relied upon by 4 the commissioner in determining the allocation and distribution of these 5 funds shall include, but not be limited to, the following: (i) the 6 importance of the provider or program in meeting critical health care 7 needs in the community in which it operates; (ii) the provider or 8 program provision of care to under-served populations; (iii) the quality 9 of the care or services the provider or program delivers; (iv) the abil- 10 ity of the provider or program to continue to deliver an appropriate 11 level of care or services if additional funding is made available; (v) 12 the ability of the provider or program to access, in a timely manner, 13 alternative sources of funding, including other sources of government 14 funding; (vi) the ability of other providers or programs in the communi- 15 ty to meet the community health care needs; (vii) whether the provider 16 or program has an appropriate plan to improve its financial condition; 17 and (viii) whether additional funding would permit the provider or 18 program to consolidate, relocate, or close programs or services where 19 such actions would result in greater stability and efficiency in the 20 delivery of needed health care services or programs. 21 (tt) Funds shall be reserved and accumulated from year to year and 22 shall be available, including income from invested funds, for purposes 23 of providing grants for two long term care demonstration projects 24 designed to test new models for the delivery of long term care services 25 established pursuant to section twenty-eight hundred seven-x of this 26 chapter, for the following periods and in the following amounts: 27 (i) up to five hundred thousand dollars for the period January first, 28 two thousand four through December thirty-first, two thousand four; 29 (ii) up to five hundred thousand dollars for the period January first, 30 two thousand five through December thirty-first, two thousand five; 31 (iii) up to five hundred thousand dollars for the period January 32 first, two thousand six through December thirty-first, two thousand six; 33 (iv) up to one million dollars for the period January first, two thou- 34 sand seven through December thirty-first, two thousand seven; and 35 (v) up to two hundred fifty thousand dollars for the period January 36 first, two thousand eight through March thirty-first, two thousand 37 eight. 38 (uu) Funds shall be reserved and accumulated from year to year and 39 shall be available, including income from invested funds, for the 40 purpose of supporting disease management and telemedicine demonstration 41 programs authorized pursuant to section twenty-one hundred eleven of 42 this chapter for the following periods in the following amounts: 43 (i) five million dollars for the period January first, two thousand 44 four through December thirty-first, two thousand four, of which three 45 million dollars shall be available for disease management demonstration 46 programs and two million dollars shall be available for telemedicine 47 demonstration programs; 48 (ii) five million dollars for the period January first, two thousand 49 five through December thirty-first, two thousand five, of which three 50 million dollars shall be available for disease management demonstration 51 programs and two million dollars shall be available for telemedicine 52 demonstration programs; 53 (iii) nine million five hundred thousand dollars for the period Janu- 54 ary first, two thousand six through December thirty-first, two thousand 55 six, of which seven million five hundred thousand dollars shall beS. 7506--B 167 A. 9506--B 1 available for disease management demonstration programs and two million 2 dollars shall be available for telemedicine demonstration programs; 3 (iv) nine million five hundred thousand dollars for the period January 4 first, two thousand seven through December thirty-first, two thousand 5 seven, of which seven million five hundred thousand dollars shall be 6 available for disease management demonstration programs and one million 7 dollars shall be available for telemedicine demonstration programs; 8 (v) nine million five hundred thousand dollars for the period January 9 first, two thousand eight through December thirty-first, two thousand 10 eight, of which seven million five hundred thousand dollars shall be 11 available for disease management demonstration programs and two million 12 dollars shall be available for telemedicine demonstration programs; 13 (vi) seven million eight hundred thirty-three thousand three hundred 14 thirty-three dollars for the period January first, two thousand nine 15 through December thirty-first, two thousand nine, of which seven million 16 five hundred thousand dollars shall be available for disease management 17 demonstration programs and three hundred thirty-three thousand three 18 hundred thirty-three dollars shall be available for telemedicine demon- 19 stration programs for the period January first, two thousand nine 20 through March first, two thousand nine; 21 (vii) one million eight hundred seventy-five thousand dollars for the 22 period January first, two thousand ten through March thirty-first, two 23 thousand ten shall be available for disease management demonstration 24 programs. 25 (ww) Funds shall be deposited by the commissioner, within amounts 26 appropriated, and the state comptroller is hereby authorized and 27 directed to receive for the deposit to the credit of the state special 28 revenue funds - other, HCRA transfer fund, medical assistance account, 29 or any successor fund or account, for purposes of funding the state 30 share of the general hospital rates increases for recruitment and 31 retention of health care workers pursuant to paragraph (e) of subdivi- 32 sion thirty of section twenty-eight hundred seven-c of this article from 33 the tobacco control and insurance initiatives pool established for the 34 following periods in the following amounts: 35 (i) sixty million five hundred thousand dollars for the period January 36 first, two thousand five through December thirty-first, two thousand 37 five; and 38 (ii) sixty million five hundred thousand dollars for the period Janu- 39 ary first, two thousand six through December thirty-first, two thousand 40 six. 41 (xx) Funds shall be deposited by the commissioner, within amounts 42 appropriated, and the state comptroller is hereby authorized and 43 directed to receive for the deposit to the credit of the state special 44 revenue funds - other, HCRA transfer fund, medical assistance account, 45 or any successor fund or account, for purposes of funding the state 46 share of the general hospital rates increases for rural hospitals pursu- 47 ant to subdivision thirty-two of section twenty-eight hundred seven-c of 48 this article from the tobacco control and insurance initiatives pool 49 established for the following periods in the following amounts: 50 (i) three million five hundred thousand dollars for the period January 51 first, two thousand five through December thirty-first, two thousand 52 five; 53 (ii) three million five hundred thousand dollars for the period Janu- 54 ary first, two thousand six through December thirty-first, two thousand 55 six;S. 7506--B 168 A. 9506--B 1 (iii) three million five hundred thousand dollars for the period Janu- 2 ary first, two thousand seven through December thirty-first, two thou- 3 sand seven; 4 (iv) three million five hundred thousand dollars for the period Janu- 5 ary first, two thousand eight through December thirty-first, two thou- 6 sand eight; and 7 (v) three million two hundred eight thousand dollars for the period 8 January first, two thousand nine through November thirtieth, two thou- 9 sand nine. 10 (yy) Funds shall be reserved and accumulated from year to year and 11 shall be available, within amounts appropriated and notwithstanding 12 section one hundred twelve of the state finance law and any other 13 contrary provision of law, for the purpose of supporting grants not to 14 exceed five million dollars to be made by the commissioner without a 15 competitive bid or request for proposal process, in support of the 16 delivery of critically needed health care services, to health care 17 providers located in the counties of Erie and Niagara which executed a 18 memorandum of closing and conducted a merger closing in escrow on Novem- 19 ber twenty-fourth, nineteen hundred ninety-seven and which entered into 20 a settlement dated December thirtieth, two thousand four for a loss on 21 disposal of assets under the provisions of title XVIII of the federal 22 social security act applicable to mergers occurring prior to December 23 first, nineteen hundred ninety-seven. 24 (zz) Funds shall be reserved and accumulated from year to year and 25 shall be available, within amounts appropriated, for the purpose of 26 supporting expenditures authorized pursuant to section twenty-eight 27 hundred eighteen of this article from the tobacco control and insurance 28 initiatives pool established for the following periods in the following 29 amounts: 30 (i) six million five hundred thousand dollars for the period January 31 first, two thousand five through December thirty-first, two thousand 32 five; 33 (ii) one hundred eight million three hundred thousand dollars for the 34 period January first, two thousand six through December thirty-first, 35 two thousand six, provided, however, that within amounts appropriated in 36 the two thousand six through two thousand seven state fiscal year, a 37 portion of such funds may be transferred to the Roswell Park Cancer 38 Institute Corporation to fund capital costs; 39 (iii) one hundred seventy-one million dollars for the period January 40 first, two thousand seven through December thirty-first, two thousand 41 seven, provided, however, that within amounts appropriated in the two 42 thousand six through two thousand seven state fiscal year, a portion of 43 such funds may be transferred to the Roswell Park Cancer Institute 44 Corporation to fund capital costs; 45 (iv) one hundred seventy-one million five hundred thousand dollars for 46 the period January first, two thousand eight through December thirty- 47 first, two thousand eight; 48 (v) one hundred twenty-eight million seven hundred fifty thousand 49 dollars for the period January first, two thousand nine through December 50 thirty-first, two thousand nine; 51 (vi) one hundred thirty-one million three hundred seventy-five thou- 52 sand dollars for the period January first, two thousand ten through 53 December thirty-first, two thousand ten; 54 (vii) thirty-four million two hundred fifty thousand dollars for the 55 period January first, two thousand eleven through March thirty-first, 56 two thousand eleven;S. 7506--B 169 A. 9506--B 1 (viii) four hundred thirty-three million three hundred sixty-six thou- 2 sand dollars for the period April first, two thousand eleven through 3 March thirty-first, two thousand twelve; 4 (ix) one hundred fifty million eight hundred six thousand dollars for 5 the period April first, two thousand twelve through March thirty-first, 6 two thousand thirteen; 7 (x) seventy-eight million seventy-one thousand dollars for the period 8 April first, two thousand thirteen through March thirty-first, two thou- 9 sand fourteen. 10 (aaa) Funds shall be reserved and accumulated from year to year and 11 shall be available, including income from invested funds, for services 12 and expenses related to school based health centers, in an amount up to 13 three million five hundred thousand dollars for the period April first, 14 two thousand six through March thirty-first, two thousand seven, up to 15 three million five hundred thousand dollars for the period April first, 16 two thousand seven through March thirty-first, two thousand eight, up to 17 three million five hundred thousand dollars for the period April first, 18 two thousand eight through March thirty-first, two thousand nine, up to 19 three million five hundred thousand dollars for the period April first, 20 two thousand nine through March thirty-first, two thousand ten, up to 21 three million five hundred thousand dollars for the period April first, 22 two thousand ten through March thirty-first, two thousand eleven, up to 23 two million eight hundred thousand dollars each state fiscal year for 24 the period April first, two thousand eleven through March thirty-first, 25 two thousand fourteen, up to two million six hundred forty-four thousand 26 dollars each state fiscal year for the period April first, two thousand 27 fourteen through March thirty-first, two thousand seventeen, [and] up to 28 two million six hundred forty-four thousand dollars each state fiscal 29 year for the period April first, two thousand seventeen through March 30 thirty-first, two thousand twenty, and up to two million six hundred 31 forty-four thousand dollars each state fiscal year for the period April 32 first, two thousand twenty through March thirty-first, two thousand 33 twenty-three. The total amount of funds provided herein shall be 34 distributed as grants based on the ratio of each provider's total 35 enrollment for all sites to the total enrollment of all providers. This 36 formula shall be applied to the total amount provided herein. 37 (bbb) Funds shall be reserved and accumulated from year to year and 38 shall be available, including income from invested funds, for purposes 39 of awarding grants to operators of adult homes, enriched housing 40 programs and residences through the enhancing abilities and life experi- 41 ence (EnAbLe) program to provide for the installation, operation and 42 maintenance of air conditioning in resident rooms, consistent with this 43 paragraph, in an amount up to two million dollars for the period April 44 first, two thousand six through March thirty-first, two thousand seven, 45 up to three million eight hundred thousand dollars for the period April 46 first, two thousand seven through March thirty-first, two thousand 47 eight, up to three million eight hundred thousand dollars for the period 48 April first, two thousand eight through March thirty-first, two thousand 49 nine, up to three million eight hundred thousand dollars for the period 50 April first, two thousand nine through March thirty-first, two thousand 51 ten, and up to three million eight hundred thousand dollars for the 52 period April first, two thousand ten through March thirty-first, two 53 thousand eleven. Residents shall not be charged utility cost for the use 54 of air conditioners supplied under the EnAbLe program. All such air 55 conditioners must be operated in occupied resident rooms consistent with 56 requirements applicable to common areas.S. 7506--B 170 A. 9506--B 1 (ccc) Funds shall be deposited by the commissioner, within amounts 2 appropriated, and the state comptroller is hereby authorized and 3 directed to receive for the deposit to the credit of the state special 4 revenue funds - other, HCRA transfer fund, medical assistance account, 5 or any successor fund or account, for purposes of funding the state 6 share of increases in the rates for certified home health agencies, long 7 term home health care programs, AIDS home care programs, hospice 8 programs and managed long term care plans and approved managed long term 9 care operating demonstrations as defined in section forty-four hundred 10 three-f of this chapter for recruitment and retention of health care 11 workers pursuant to subdivisions nine and ten of section thirty-six 12 hundred fourteen of this chapter from the tobacco control and insurance 13 initiatives pool established for the following periods in the following 14 amounts: 15 (i) twenty-five million dollars for the period June first, two thou- 16 sand six through December thirty-first, two thousand six; 17 (ii) fifty million dollars for the period January first, two thousand 18 seven through December thirty-first, two thousand seven; 19 (iii) fifty million dollars for the period January first, two thousand 20 eight through December thirty-first, two thousand eight; 21 (iv) fifty million dollars for the period January first, two thousand 22 nine through December thirty-first, two thousand nine; 23 (v) fifty million dollars for the period January first, two thousand 24 ten through December thirty-first, two thousand ten; 25 (vi) twelve million five hundred thousand dollars for the period Janu- 26 ary first, two thousand eleven through March thirty-first, two thousand 27 eleven; 28 (vii) up to fifty million dollars each state fiscal year for the peri- 29 od April first, two thousand eleven through March thirty-first, two 30 thousand fourteen; 31 (viii) up to fifty million dollars each state fiscal year for the 32 period April first, two thousand fourteen through March thirty-first, 33 two thousand seventeen; [and] 34 (ix) up to fifty million dollars each state fiscal year for the period 35 April first, two thousand seventeen through March thirty-first, two 36 thousand twenty; and 37 (x) up to fifty million dollars each state fiscal year for the period 38 April first, two thousand twenty through March thirty-first, two thou- 39 sand twenty-three. 40 (ddd) Funds shall be deposited by the commissioner, within amounts 41 appropriated, and the state comptroller is hereby authorized and 42 directed to receive for the deposit to the credit of the state special 43 revenue funds - other, HCRA transfer fund, medical assistance account, 44 or any successor fund or account, for purposes of funding the state 45 share of increases in the medical assistance rates for providers for 46 purposes of enhancing the provision, quality and/or efficiency of home 47 care services pursuant to subdivision eleven of section thirty-six 48 hundred fourteen of this chapter from the tobacco control and insurance 49 initiatives pool established for the following period in the amount of 50 eight million dollars for the period April first, two thousand six 51 through December thirty-first, two thousand six. 52 (eee) Funds shall be reserved and accumulated from year to year and 53 shall be available, including income from invested funds, to the Center 54 for Functional Genomics at the State University of New York at Albany, 55 for the purposes of the Adirondack network for cancer education and 56 research in rural communities grant program to improve access to healthS. 7506--B 171 A. 9506--B 1 care and shall be made available from the tobacco control and insurance 2 initiatives pool established for the following period in the amount of 3 up to five million dollars for the period January first, two thousand 4 six through December thirty-first, two thousand six. 5 (fff) Funds shall be made available to the empire state stem cell 6 trust fund established by section ninety-nine-p of the state finance law 7 within amounts appropriated up to fifty million dollars annually and 8 shall not exceed five hundred million dollars in total. 9 (ggg) Funds shall be deposited by the commissioner, within amounts 10 appropriated, and the state comptroller is hereby authorized and 11 directed to receive for deposit to the credit of the state special 12 revenue fund - other, HCRA transfer fund, medical assistance account, or 13 any successor fund or account, for the purpose of supporting the state 14 share of Medicaid expenditures for hospital translation services as 15 authorized pursuant to paragraph (k) of subdivision one of section twen- 16 ty-eight hundred seven-c of this article from the tobacco control and 17 initiatives pool established for the following periods in the following 18 amounts: 19 (i) sixteen million dollars for the period July first, two thousand 20 eight through December thirty-first, two thousand eight; and 21 (ii) fourteen million seven hundred thousand dollars for the period 22 January first, two thousand nine through November thirtieth, two thou- 23 sand nine. 24 (hhh) Funds shall be deposited by the commissioner, within amounts 25 appropriated, and the state comptroller is hereby authorized and 26 directed to receive for deposit to the credit of the state special 27 revenue fund - other, HCRA transfer fund, medical assistance account, or 28 any successor fund or account, for the purpose of supporting the state 29 share of Medicaid expenditures for adjustments to inpatient rates of 30 payment for general hospitals located in the counties of Nassau and 31 Suffolk as authorized pursuant to paragraph (l) of subdivision one of 32 section twenty-eight hundred seven-c of this article from the tobacco 33 control and initiatives pool established for the following periods in 34 the following amounts: 35 (i) two million five hundred thousand dollars for the period April 36 first, two thousand eight through December thirty-first, two thousand 37 eight; and 38 (ii) two million two hundred ninety-two thousand dollars for the peri- 39 od January first, two thousand nine through November thirtieth, two 40 thousand nine. 41 (iii) Funds shall be reserved and set aside and accumulated from year 42 to year and shall be made available, including income from investment 43 funds, for the purpose of supporting the New York state medical indem- 44 nity fund as authorized pursuant to title four of article twenty-nine-D 45 of this chapter, for the following periods and in the following amounts, 46 provided, however, that the commissioner is authorized to seek waiver 47 authority from the federal centers for medicare and Medicaid for the 48 purpose of securing Medicaid federal financial participation for such 49 program, in which case the funding authorized pursuant to this paragraph 50 shall be utilized as the non-federal share for such payments: 51 Thirty million dollars for the period April first, two thousand eleven 52 through March thirty-first, two thousand twelve. 53 2. (a) For periods prior to January first, two thousand five, the 54 commissioner is authorized to contract with the article forty-three 55 insurance law plans, or such other contractors as the commissioner shall 56 designate, to receive and distribute funds from the tobacco control andS. 7506--B 172 A. 9506--B 1 insurance initiatives pool established pursuant to this section. In the 2 event contracts with the article forty-three insurance law plans or 3 other commissioner's designees are effectuated, the commissioner shall 4 conduct annual audits of the receipt and distribution of such funds. The 5 reasonable costs and expenses of an administrator as approved by the 6 commissioner, not to exceed for personnel services on an annual basis 7 five hundred thousand dollars, for collection and distribution of funds 8 pursuant to this section shall be paid from such funds. 9 (b) Notwithstanding any inconsistent provision of section one hundred 10 twelve or one hundred sixty-three of the state finance law or any other 11 law, at the discretion of the commissioner without a competitive bid or 12 request for proposal process, contracts in effect for administration of 13 pools established pursuant to sections twenty-eight hundred seven-k, 14 twenty-eight hundred seven-l and twenty-eight hundred seven-m of this 15 article for the period January first, nineteen hundred ninety-nine 16 through December thirty-first, nineteen hundred ninety-nine may be 17 extended to provide for administration pursuant to this section and may 18 be amended as may be necessary. 19 § 15. Paragraph (a) of subdivision 12 of section 367-b of the social 20 services law, as amended by section 7 of part H of chapter 57 of the 21 laws of 2017, is amended to read as follows: 22 (a) For the purpose of regulating cash flow for general hospitals, the 23 department shall develop and implement a payment methodology to provide 24 for timely payments for inpatient hospital services eligible for case 25 based payments per discharge based on diagnosis-related groups provided 26 during the period January first, nineteen hundred eighty-eight through 27 March thirty-first two thousand [twenty] twenty-three, by such hospitals 28 which elect to participate in the system. 29 § 16. Paragraph (o) of subdivision 9 of section 3614 of the public 30 health law, as added by section 11 of part H of chapter 57 of the laws 31 of 2017, is amended and three new paragraphs (p), (q) and (r) are added 32 to read as follows: 33 (o) for the period April first, two thousand nineteen through March 34 thirty-first, two thousand twenty, up to one hundred million dollars[.]; 35 (p) for the period April first, two thousand twenty through March 36 thirty-first, two thousand twenty-one, up to one hundred million 37 dollars; 38 (q) for the period April first, two thousand twenty-one through March 39 thirty-first, two thousand twenty-two, up to one hundred million 40 dollars; 41 (r) for the period April first, two thousand twenty-two through March 42 thirty-first, two thousand twenty-three, up to one hundred million 43 dollars. 44 § 17. Paragraph (s) of subdivision 1 of section 367-q of the social 45 services law, as added by section 12 of part H of chapter 57 of the laws 46 of 2017, is amended and three new paragraphs (t), (u) and (v) are added 47 to read as follows: 48 (s) for the period April first, two thousand nineteen through March 49 thirty-first, two thousand twenty, twenty-eight million five hundred 50 thousand dollars[.]; 51 (t) for the period April first, two thousand twenty through March 52 thirty-first, two thousand twenty-one, up to twenty-eight million five 53 hundred thousand dollars; 54 (u) for the period April first, two thousand twenty-one through March 55 thirty-first, two thousand twenty-two, up to twenty-eight million five 56 hundred thousand dollars;S. 7506--B 173 A. 9506--B 1 (v) for the period April first, two thousand twenty-two through March 2 thirty-first, two thousand twenty-three, up to twenty-eight million five 3 hundred thousand dollars. 4 § 18. Section 5 of chapter 517 of the laws of 2016, amending the 5 public health law relating to payments from the New York state medical 6 indemnity fund, as amended by section 4 of part K of chapter 57 of the 7 laws of 2019, is amended to read as follows: 8 § 5. This act shall take effect on the forty-fifth day after it shall 9 have become a law, provided that the amendments to subdivision 4 of 10 section 2999-j of the public health law made by section two of this act 11 shall take effect on June 30, 2017 and shall expire and be deemed 12 repealed December 31, [2020] 2021. 13 § 19. Section 2807-g and paragraph (e) of subdivision 1 of section 14 2807-l of the public health law are REPEALED. 15 § 20. This act shall take effect April 1, 2020, provided, however, if 16 this act shall become a law after such date it shall take effect imme- 17 diately and shall be deemed to have been in full force and effect on and 18 after April 1, 2020, and further provided, that: 19 (a) the amendments to sections 2807-j and 2807-s of the public health 20 law made by sections two, eight, eleven and twelve of this act shall not 21 affect the expiration of such sections and shall expire therewith; 22 (b) the amendments to subdivision 6 of section 2807-t of the public 23 health law made by section thirteen of this act shall not affect the 24 expiration of such section and shall be deemed to expire therewith; and 25 (c) the amendments to paragraph (i-1) of subdivision 1 of section 26 2807-v of the public health law made by section fourteen of this act 27 shall not affect the repeal of such paragraph and shall be deemed 28 repealed therewith. 29 PART Z 30 Section 1. Subdivisions 1 and 3 of section 461-s of the social 31 services law, subdivision 1 as amended by section 4 of part R of chapter 32 59 of the laws of 2016 and subdivision 3 as amended by section 6 of part 33 A of chapter 57 of the laws of 2015, are amended to read as follows: 34 1. (a) The commissioner of health shall establish the enhanced quality 35 of adult living program (referred to in this section as the "EQUAL 36 program" or the "program") for adult care facilities. The program shall 37 be targeted at improving the quality of life for adult care facility 38 residents by means of grants to facilities for [specified] the purposes 39 set forth in subparagraphs (i) and (ii) of the paragraph. The depart- 40 ment of health, subject to the approval of the director of the budget, 41 shall develop an allocation methodology taking into account the finan- 42 cial status and size of the facility [as well as], resident needs and 43 the population of residents who receive supplemental security income, 44 state supplemental payments, Medicaid (with respect to residents in an 45 assisted living program), or safety net assistance. On or before June 46 first of each year, the department shall make available the application 47 for EQUAL program funds. Grants may be used to support the following 48 purposes: 49 (i) to improve the quality of life for adult care facility residents 50 by funding projects including, but not limited to, clothing allowances, 51 resident training to support independent living skills, improvements in 52 food quality, outdoor leisure projects, and culturally recreational and 53 other leisure events; and resident quality of life, pursuant to this 54 subparagraph, andS. 7506--B 174 A. 9506--B 1 (ii) to improve the quality of life for adult care facility residents 2 by financing capital improvement projects that will enhance the physical 3 environment of the facility and promote a higher quality of life for 4 residents. Any capital related expense generated by such capital expend- 5 iture must receive approval by the department of health, provided howev- 6 er, that such expenditures shall not be used to supplant the obligations 7 of the facility operator to provide a safe, comfortable environment for 8 residents in a good state of repair and sanitation. 9 (b) On or before June first of each year, the department shall make 10 available the application for EQUAL program funds to eligible adult care 11 facilities, as set forth in this section. 12 3. Prior to applying for EQUAL program funds, a facility shall receive 13 approval of its expenditure plan from the residents' council for the 14 facility. The residents' council shall adopt a process to identify the 15 priorities of the residents for the use of the program funds and docu- 16 ment residents' top preferences by means that may include a vote or 17 survey. The plan shall detail how program funds will be used to improve 18 resident quality of life, pursuant to subparagraph (i) of paragraph (a) 19 of subdivision one of this section, and support sustainable enhancements 20 to the physical environment of the facility [or the quality of care and21services rendered to residents and may include, but not be limited to,22staff training, air conditioning in residents' areas, clothing, improve-23ments in food quality, furnishings, equipment, security, and maintenance24or repairs to the facility] pursuant to subparagraph (ii) of paragraph 25 (a) of this subdivision. The facility's application for EQUAL program 26 funds shall include a signed attestation from the president or chair- 27 person of the residents' council or, in the absence of a residents' 28 council, at least three residents of the facility, stating that the 29 application reflects the priorities of the residents of the facility. 30 The department shall investigate reports of resident abuse and retali- 31 ation related to program applications and expenditures. 32 § 2. This act shall take effect immediately and shall be deemed to 33 have been in full force and effect on and after April 1, 2020. 34 PART AA 35 Section 1. Section 2807-bbb of the public health law is REPEALED. 36 § 2. Subdivision 10 of section 2808 of the public health law is 37 REPEALED. 38 § 3. Subdivision 6 of section 3614 of the public health law, as added 39 by chapter 563 of the laws of 1991, is REPEALED. 40 § 4. Subdivision 4 of section 4012 of the public health law is 41 REPEALED. 42 § 5. Clause (B) of subparagraph (iii) of paragraph (e) of subdivision 43 one of section twenty-eight hundred seven-c of the public health law is 44 REPEALED. 45 § 6. Article 27-G of the public health law is REPEALED. 46 § 7. Section 95-e of the state finance law, as added by chapter 301 of 47 the laws of 2004, subdivision 2 as amended by chapter 483 of the laws of 48 2015, subdivision 2-a as added by section 27-i of part UU of chapter 54 49 of the laws of 2016, is amended to read as follows: 50 § 95-e. The New York state autism awareness and research fund. 1. 51 There is hereby established in the joint custody of the commissioner of 52 taxation and finance and the comptroller, a special fund to be known as 53 the New York state autism awareness and research fund.S. 7506--B 175 A. 9506--B 1 2. Such fund shall consist of all revenues received pursuant to the 2 provisions of section four hundred four-v of the vehicle and traffic 3 law, as added by chapter three hundred one of the laws of two thousand 4 four, all revenues received pursuant to section six hundred thirty-d of 5 the tax law and all other moneys appropriated, credited, or transferred 6 thereto from any other fund or source pursuant to law. Nothing contained 7 in this section shall prevent the state from receiving grants, gifts or 8 bequests for the purposes of the fund as defined in this section and 9 depositing them into the fund according to law. 10 2-a. On or before the first day of February each year, the commission- 11 er of [health] the office for people with developmental disabilities 12 shall provide a written report to the temporary president of the senate, 13 speaker of the assembly, chair of the senate finance committee, chair of 14 the assembly ways and means committee, chair of the senate committee on 15 health, chair of the assembly health committee, the state comptroller 16 and the public. Such report shall include how the monies of the fund 17 were utilized during the preceding calendar year, and shall include: 18 (i) the amount of money disbursed from the fund and the award process 19 used for such disbursements; 20 (ii) recipients of awards from the fund; 21 (iii) the amount awarded to each; 22 (iv) the purposes for which such awards were granted; and 23 (v) a summary financial plan for such monies which shall include esti- 24 mates of all receipts and all disbursements for the current and succeed- 25 ing fiscal years, along with the actual results from the prior fiscal 26 year. 27 3. (a) Monies of the fund shall be expended only for autism awareness 28 projects or autism research projects approved by the [department of29health] office for people with developmental disabilities in New York 30 state provided, however, that no more than ten percent of monies from 31 such fund shall be expended on the aggregate number of autism research 32 projects approved in a fiscal year. 33 (b) As used in this section, the term "autism research project" means 34 scientific research approved by the [department of health] office for 35 people with developmental disabilities into the causes and/or treatment 36 of autism, and the term "autism awareness project" means a project 37 approved by the [department of health] office for people with develop- 38 mental disabilities aimed toward educating the general public about the 39 causes, symptoms, and treatments of autism. 40 4. Monies shall be payable from the fund on the audit and warrant of 41 the comptroller on vouchers approved and certified by the commissioner 42 of [health] the office for people with developmental disabilities. 43 5. To the extent practicable, the commissioner of [health] the office 44 for people with developmental disabilities shall ensure that all monies 45 received during a fiscal year are expended prior to the end of that 46 fiscal year. 47 § 8. Article 27-J of the public health law is REPEALED. 48 § 9. Title E of the mental hygiene law is amended by adding a new 49 article 30 to read as follows: 50 ARTICLE 30 51 COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS 52 Section 30.01 Legislative findings. 53 30.02 Definitions. 54 30.03 Comprehensive care centers for eating disorders; estab- 55 lished. 56 30.04 Qualifying criteria.S. 7506--B 176 A. 9506--B 1 30.05 State identification of comprehensive care centers for 2 eating disorders; commissioner's written notice. 3 30.06 Restricted use of title. 4 § 30.01 Legislative findings. 5 The legislature hereby finds that effective diagnosis and treatment 6 for citizens struggling with eating disorders, a complex and potentially 7 life-threatening condition, requires a continuum of interdisciplinary 8 providers and levels of care. Such effective diagnosis and treatment 9 further requires the coordination and comprehensive management of an 10 individualized plan of care specifically oriented to the distinct needs 11 of each individual. 12 The legislature further finds that, while there are numerous health 13 care providers in the state with expertise in eating disorder treatment, 14 there is no generally accessible, comprehensive system for responding to 15 these disorders. Due to the lack of such a system the legislature finds 16 that treatment, information/referral, prevention and research activities 17 are fragmented and incomplete. In addition, due to the broad, multifac- 18 eted needs of individuals with eating disorders, insurance payments for 19 the necessary plan of care and providers is usually fragmented as well, 20 leaving citizens with insufficient coverage for essential services and, 21 therefore, at risk of incomplete treatment, relapse, deterioration and 22 potential death. 23 The legislature therefore declares that the state take positive action 24 to facilitate the development and public identification of provider 25 networks and care centers of excellence to provide a coordinated, 26 comprehensive system for the treatment of such disorders, as well as to 27 conduct community education, prevention, information/referral and 28 research activities. The legislature further declares that health cover- 29 age by insurers and health maintenance organizations should include 30 covered services provided through such centers and that, to the extent 31 possible and practicable, health plan reimbursement should be structured 32 in a manner to facilitate the individualized, comprehensive and inte- 33 grated plans of care which such centers are required to provide. 34 § 30.02 Definitions. 35 For purposes of this article: 36 (a) "Eating disorder" is defined to include, but not be limited to, 37 conditions such as anorexia nervosa, bulimia and binge eating disorder, 38 identified as such in the ICD-9-CM International Classification of 39 Disease or the most current edition of the Diagnostic and Statistical 40 Manual of Mental Disorders, or other medical and mental health diagnos- 41 tic references generally accepted for standard use by the medical and 42 mental health fields. 43 (b) "Comprehensive care centers for eating disorders" or "comprehen- 44 sive care centers" means a provider-sponsored system of care, organized 45 by either corporate affiliation or clinical association for the common 46 purpose of providing a coordinated, individualized plan of care for an 47 individual with an eating disorder, across a continuum that includes all 48 necessary non-institutional, institutional and practitioner services and 49 treatments, from initial patient screening and evaluation, to treatment, 50 follow-up care and support. 51 § 30.03 Comprehensive care centers for eating disorders; established. 52 The commissioner shall provide for the public identification of 53 comprehensive care centers for persons with eating disorders for the 54 purposes of: 55 (a) Promoting the operation of a continuum of comprehensive, coordi- 56 nated care for persons with eating disorders;S. 7506--B 177 A. 9506--B 1 (b) Promoting ready access to information, referral and treatment 2 services on eating disorders for consumers, health practitioners, 3 providers and insurers, with access in every region of the state; 4 (c) Promoting community education, prevention and patient entry into 5 care; and 6 (d) Promoting and coordinating regional and statewide research efforts 7 into effective methods of education, prevention and treatment, including 8 research on the various models of care. 9 § 30.04 Qualifying criteria. 10 (a) In order to qualify for state identification as a comprehensive 11 care center for eating disorders pursuant to this article, applicants 12 must demonstrate to the commissioner's satisfaction that, at a minimum: 13 1. The applicant can provide a continuum of care tailored to the 14 specialized needs of individuals with eating disorders, with such 15 continuum including at least the following levels of care: 16 (i) Individual health, psychosocial and case management services, in 17 both noninstitutional and institutional settings, from licensed and 18 certified practitioners with demonstrated experience and expertise in 19 providing services to individuals with eating disorders; 20 (ii) Medical/surgical, psychiatric and rehabilitation care in a gener- 21 al hospital or a hospital licensed under this chapter; provided that, 22 whenever practicable and appropriate, the service setting for any such 23 care shall be oriented to the specific needs, treatment and recovery of 24 persons with eating disorders; 25 (iii) Residential care and services in a residential health care 26 facility licensed under article twenty-eight of the public health law, 27 or a facility licensed under article thirty-one of this chapter which 28 will provide a program of care and service setting that is specifically 29 oriented to the needs of individuals with eating disorders; 30 2. The care of individuals will be managed and coordinated at each 31 level and throughout the continuum of care; 32 3. The applicant is able to conduct activities for community educa- 33 tion, prevention, information/referral and research; and 34 4. The applicant meets such additional criteria as are established by 35 the commissioner. 36 (b) Eligible applicants shall include but are not limited to providers 37 licensed under article twenty-eight of the public health law or article 38 thirty-one of this chapter or health or mental health practitioners 39 licensed under title eight of the education law. 40 (c) The commissioner shall seek the recommendation of the commissioner 41 of health prior to identifying an applicant as a comprehensive care 42 center under this article. 43 § 30.05 State identification of comprehensive care centers for eating 44 disorders; commissioner's written notice. 45 (a) The commissioner shall identify a sufficient number of comprehen- 46 sive centers to ensure adequate access to services in all regions of the 47 state, provided that, to the extent possible, the commissioner shall 48 identify such care centers geographically dispersed throughout the 49 state, and provided further, however, that the commissioner shall, to 50 the extent possible, initially identify at least three such centers. 51 (b) The commissioner's identification of a comprehensive care center 52 for eating disorders under this article shall be valid for not more than 53 a two year period from the date of issuance. The commissioner may reis- 54 sue such identifications for subsequent periods of up to five years, 55 provided that the comprehensive care center has notified the commission- 56 er of any material changes in structure or operation based on itsS. 7506--B 178 A. 9506--B 1 original application, or since its last written notice by the commis- 2 sioner, and that the commissioner is satisfied that the center continues 3 to meet the criteria required pursuant to this article. 4 (c) The commissioner may suspend or revoke his or her written notice 5 upon a determination that the comprehensive care center has not met, or 6 would not be able to meet, the criteria required pursuant to this arti- 7 cle, provided, however that the commissioner shall afford such center an 8 opportunity for a hearing, in accordance section 31.17 of this chapter, 9 to review the circumstances of and grounds for such suspension or revo- 10 cation and to appeal such determination. 11 § 30.06 Restricted use of title. 12 No person or entity shall claim, advertise or imply to consumers, 13 health plans or other health care providers that such provider or prac- 14 titioner is a state-identified comprehensive care center for eating 15 disorders unless it is qualified pursuant to section 30.04 of this arti- 16 cle. 17 § 10. Section 31.25 of the mental hygiene law, as added by chapter 24 18 of the laws of 2008, is amended to read as follows: 19 § 31.25 Residential services for treatment of eating disorders. 20 The commissioner shall establish, pursuant to regulation, licensed 21 residential providers of treatment and/or supportive services to chil- 22 dren, adolescents, and adults with eating disorders, as that term is 23 defined in section [twenty-seven hundred ninety-nine-e of the public24health law] 30.02 of this title. Such regulations shall be developed in 25 consultation with representatives from each of the comprehensive care 26 centers for eating disorders established pursuant to article 27 [twenty-seven-J of the public health law] thirty of this chapter and 28 licensed treatment professionals, such as physicians, psychiatrists, 29 psychologists and therapists, with demonstrated expertise in treating 30 patients with eating disorders. 31 § 11. Paragraph 14 of subsection (k) of section 3221 of the insurance 32 law, as added by chapter 114 of the laws of 2004, is amended to read as 33 follows: 34 (14) No group or blanket policy delivered or issued for delivery in 35 this state which provides medical, major medical or similar comprehen- 36 sive-type coverage shall exclude coverage for services covered under 37 such policy when provided by a comprehensive care center for eating 38 disorders pursuant to article [twenty-seven-J of the public health] 39 thirty of the mental hygiene law; provided, however, that reimbursement 40 under such policy for services provided through such comprehensive care 41 centers shall, to the extent possible and practicable, be structured in 42 a manner to facilitate the individualized, comprehensive and integrated 43 plans of care which such centers' network of practitioners and providers 44 are required to provide. 45 § 12. Subsection (dd) of section 4303 of the insurance law, as added 46 by chapter 114 of the laws of 2004, is amended to read as follows: 47 (dd) No health service corporation or medical service expense indem- 48 nity corporation which provides medical, major medical or similar 49 comprehensive-type coverage shall exclude coverage for services covered 50 under such policy when provided by a comprehensive care center for 51 eating disorders pursuant to article [twenty-seven-J of the public52health] thirty of the mental hygiene law; provided, however, that 53 reimbursement by such corporation for services provided through such 54 comprehensive care centers shall, to the extent possible and practica- 55 ble, be structured in a manner to facilitate the individualized, compre-S. 7506--B 179 A. 9506--B 1 hensive and integrated plans of care which such centers' network of 2 practitioners and providers are required to provide. 3 § 13. Paragraph 27 of subsection (b) of section 4322 of the insurance 4 law, as added by chapter 114 of the laws of 2004, is amended to read as 5 follows: 6 (27) Services covered under such policy when provided by a comprehen- 7 sive care center for eating disorders pursuant to article [twenty-sev-8en-J of the public health] thirty of the mental hygiene law; provided, 9 however, that reimbursement under such policy for services provided 10 through such comprehensive care centers shall, to the extent possible 11 and practicable, be structured in a manner to facilitate the individual- 12 ized, comprehensive and integrated plans of care which such centers' 13 network of practitioners and providers are required to provide. 14 § 14. Subdivision 1 of section 154 of the labor law, as added by chap- 15 ter 675 of the laws of 2007, is amended to read as follows: 16 1. The commissioner, in consultation with the commissioner of health 17 and the commissioner of mental health, shall establish a child performer 18 advisory board for the purpose of recommending guidelines for the 19 employment of child performers and models under the age of eighteen and 20 preventing eating disorders such as anorexia nervosa and bulimia nervosa 21 amongst such persons. The advisory board shall consist of at least 22 sixteen but no more than twenty members appointed by the commissioner, 23 and shall include: representatives of professional organizations or 24 unions representing child performers or models; employers representing 25 child performers or models; physicians, nutritionists and mental health 26 professionals with demonstrated expertise in treating patients with 27 eating disorders; at least one representative from each of the compre- 28 hensive care centers for eating disorders established pursuant to arti- 29 cle [twenty-seven-J of the public health] thirty of the mental hygiene 30 law; advocacy organizations working to prevent and treat eating disor- 31 ders; and other members deemed necessary by the commissioner. In addi- 32 tion, the commissioner of health and the commissioner of mental health, 33 or their designees, shall serve on the advisory board. The members of 34 the advisory board shall receive no compensation for their services but 35 shall be reimbursed their actual and necessary expenses incurred in the 36 performance of their duties. 37 § 15. This act shall take effect immediately and shall be deemed to 38 have been in full force and effect on and after April 1, 2020. 39 PART BB 40 Section 1. Section 9 of part R of chapter 59 of the laws of 2016, 41 amending the public health law and other laws relating to electronic 42 prescriptions, is amended to read as follows: 43 § 9. This act shall take effect immediately; provided however, that 44 sections one and two of this act shall take effect on the first of June 45 next succeeding the date on which it shall have become a law and shall 46 expire and be deemed repealed [four years after such effective date] 47 June 1, 2023. 48 § 2. Section 4 of chapter 19 of the laws of 1998, amending the social 49 services law relating to limiting the method of payment for prescription 50 drugs under the medical assistance program, as amended by section 11 of 51 part I of chapter 57 of the laws of 2017, is amended to read as follows: 52 § 4. This act shall take effect 120 days after it shall have become a 53 law and shall expire and be deemed repealed March 31, [2020] 2023.S. 7506--B 180 A. 9506--B 1 § 3. Paragraph (e-1) of subdivision 12 of section 2808 of the public 2 health law, as amended by section 12 of part I of chapter 57 of the laws 3 of 2017, is amended to read as follows: 4 (e-1) Notwithstanding any inconsistent provision of law or regulation, 5 the commissioner shall provide, in addition to payments established 6 pursuant to this article prior to application of this section, addi- 7 tional payments under the medical assistance program pursuant to title 8 eleven of article five of the social services law for non-state operated 9 public residential health care facilities, including public residential 10 health care facilities located in the county of Nassau, the county of 11 Westchester and the county of Erie, but excluding public residential 12 health care facilities operated by a town or city within a county, in 13 aggregate annual amounts of up to one hundred fifty million dollars in 14 additional payments for the state fiscal year beginning April first, two 15 thousand six and for the state fiscal year beginning April first, two 16 thousand seven and for the state fiscal year beginning April first, two 17 thousand eight and of up to three hundred million dollars in such aggre- 18 gate annual additional payments for the state fiscal year beginning 19 April first, two thousand nine, and for the state fiscal year beginning 20 April first, two thousand ten and for the state fiscal year beginning 21 April first, two thousand eleven, and for the state fiscal years begin- 22 ning April first, two thousand twelve and April first, two thousand 23 thirteen, and of up to five hundred million dollars in such aggregate 24 annual additional payments for the state fiscal years beginning April 25 first, two thousand fourteen, April first, two thousand fifteen and 26 April first, two thousand sixteen and of up to five hundred million 27 dollars in such aggregate annual additional payments for the state 28 fiscal years beginning April first, two thousand seventeen, April first, 29 two thousand eighteen, and April first, two thousand nineteen, and of up 30 to five hundred million dollars in such aggregate annual additional 31 payments for the state fiscal years beginning April first, two thousand 32 twenty, April first, two thousand twenty-one, and April first, two thou- 33 sand twenty-two. The amount allocated to each eligible public residen- 34 tial health care facility for this period shall be computed in accord- 35 ance with the provisions of paragraph (f) of this subdivision, provided, 36 however, that patient days shall be utilized for such computation 37 reflecting actual reported data for two thousand three and each repre- 38 sentative succeeding year as applicable, and provided further, however, 39 that, in consultation with impacted providers, of the funds allocated 40 for distribution in the state fiscal year beginning April first, two 41 thousand thirteen, up to thirty-two million dollars may be allocated in 42 accordance with paragraph (f-1) of this subdivision. 43 § 4. Section 18 of chapter 904 of the laws of 1984, amending the 44 public health law and the social services law relating to encouraging 45 comprehensive health services, as amended by section 13 of part I of 46 chapter 57 of the laws of 2017, is amended to read as follows: 47 § 18. This act shall take effect immediately, except that sections 48 six, nine, ten and eleven of this act shall take effect on the sixtieth 49 day after it shall have become a law, sections two, three, four and nine 50 of this act shall expire and be of no further force or effect on or 51 after March 31, [2020] 2023, section two of this act shall take effect 52 on April 1, 1985 or seventy-five days following the submission of the 53 report required by section one of this act, whichever is later, and 54 sections eleven and thirteen of this act shall expire and be of no 55 further force or effect on or after March 31, 1988.S. 7506--B 181 A. 9506--B 1 § 5. Section 4 of part X2 of chapter 62 of the laws of 2003, amending 2 the public health law relating to allowing for the use of funds of the 3 office of professional medical conduct for activities of the patient 4 health information and quality improvement act of 2000, as amended by 5 section 14 of part I of chapter 57 of the laws of 2017, is amended to 6 read as follows: 7 § 4. This act shall take effect immediately; provided that the 8 provisions of section one of this act shall be deemed to have been in 9 full force and effect on and after April 1, 2003, and shall expire March 10 31, [2020] 2023 when upon such date the provisions of such section shall 11 be deemed repealed. 12 § 6. Subdivision (o) of section 111 of part H of chapter 59 of the 13 laws of 2011, amending the public health law relating to the statewide 14 health information network of New York and the statewide planning and 15 research cooperative system and general powers and duties, as amended by 16 section 15 of part I of chapter 57 of the laws of 2017, is amended to 17 read as follows: 18 (o) sections thirty-eight and thirty-eight-a of this act shall expire 19 and be deemed repealed March 31, [2020] 2023; 20 § 7. Section 32 of part A of chapter 58 of the laws of 2008, amending 21 the elder law and other laws relating to reimbursement to participating 22 provider pharmacies and prescription drug coverage, as amended by 23 section 16 of part I of chapter 57 of the laws of 2017, is amended to 24 read as follows: 25 § 32. This act shall take effect immediately and shall be deemed to 26 have been in full force and effect on and after April 1, 2008; provided 27 however, that sections one, six-a, nineteen, twenty, twenty-four, and 28 twenty-five of this act shall take effect July 1, 2008; provided however 29 that sections sixteen, seventeen and eighteen of this act shall expire 30 April 1, [2020] 2023; provided, however, that the amendments made by 31 section twenty-eight of this act shall take effect on the same date as 32 section 1 of chapter 281 of the laws of 2007 takes effect; provided 33 further, that sections twenty-nine, thirty, and thirty-one of this act 34 shall take effect October 1, 2008; provided further, that section twen- 35 ty-seven of this act shall take effect January 1, 2009; and provided 36 further, that section twenty-seven of this act shall expire and be 37 deemed repealed March 31, [2020] 2023; and provided, further, however, 38 that the amendments to subdivision 1 of section 241 of the education law 39 made by section twenty-nine of this act shall not affect the expiration 40 of such subdivision and shall be deemed to expire therewith and provided 41 that the amendments to section 272 of the public health law made by 42 section thirty of this act shall not affect the repeal of such section 43 and shall be deemed repealed therewith. 44 § 8. Subdivision 3 of section 2999-p of the public health law, as 45 amended by section 17 of part I of chapter 57 of the laws of 2017, is 46 amended to read as follows: 47 3. The commissioner may issue a certificate of authority to an entity 48 that meets conditions for ACO certification as set forth in regulations 49 made by the commissioner pursuant to section twenty-nine hundred nine- 50 ty-nine-q of this article. The commissioner shall not issue any new 51 certificate under this article after December thirty-first, two thousand 52 [twenty] twenty-four. 53 § 9. Subdivision (a) of section 31 of part B of chapter 59 of the laws 54 of 2016, amending the social services law and other laws relating to 55 authorizing the commissioner of health to apply federally established 56 consumer price index penalties for generic drugs, and authorizing theS. 7506--B 182 A. 9506--B 1 commissioner of health to impose penalties on managed care plans for 2 reporting late or incorrect encounter data, as amended by section 1 of 3 part T of chapter 57 of the laws of 2018, is amended to read as follows: 4 (a) section eleven of this act shall expire and be deemed repealed 5 March 31, [2020] 2022; 6 § 10. Subdivision 1-a of section 60 of part B of chapter 57 of the 7 laws of 2015, amending the social services law and other laws relating 8 to supplemental rebates, as added by section 5-b of part T of chapter 57 9 of the laws of 2018, is amended to read as follows: 10 1-a. section fifty-two of this act shall expire and be deemed repealed 11 March 31, [2020] 2025; 12 § 11. Section 7 of part H of chapter 57 of the laws of 2019, amending 13 the public health law relating to waiver of certain regulations, is 14 amended to read as follows: 15 § 7. This act shall take effect immediately and shall be deemed to 16 have been in full force and effect on and after April 1, 2019, provided, 17 however, that section two of this act shall expire on April 1, [2020] 18 2021. 19 § 12. Section 228 of chapter 474 of the laws of 1996, amending the 20 education law and other laws relating to rates for residential health 21 care facilities, as amended by chapter 49 of the laws of 2017, is 22 amended to read as follows: 23 § 228. 1. Definitions. (a) Regions, for purposes of this section, 24 shall mean a downstate region to consist of Kings, New York, Richmond, 25 Queens, Bronx, Nassau and Suffolk counties and an upstate region to 26 consist of all other New York state counties. A certified home health 27 agency or long term home health care program shall be located in the 28 same county utilized by the commissioner of health for the establishment 29 of rates pursuant to article 36 of the public health law. 30 (b) Certified home health agency (CHHA) shall mean such term as 31 defined in section 3602 of the public health law. 32 (c) Long term home health care program (LTHHCP) shall mean such term 33 as defined in subdivision 8 of section 3602 of the public health law. 34 (d) Regional group shall mean all those CHHAs and LTHHCPs, respective- 35 ly, located within a region. 36 (e) Medicaid revenue percentage, for purposes of this section, shall 37 mean CHHA and LTHHCP revenues attributable to services provided to 38 persons eligible for payments pursuant to title 11 of article 5 of the 39 social services law divided by such revenues plus CHHA and LTHHCP reven- 40 ues attributable to services provided to beneficiaries of Title XVIII of 41 the federal social security act (medicare). 42 (f) Base period, for purposes of this section, shall mean calendar 43 year 1995. 44 (g) Target period. For purposes of this section, the 1996 target peri- 45 od shall mean August 1, 1996 through March 31, 1997, the 1997 target 46 period shall mean January 1, 1997 through November 30, 1997, the 1998 47 target period shall mean January 1, 1998 through November 30, 1998, the 48 1999 target period shall mean January 1, 1999 through November 30, 1999, 49 the 2000 target period shall mean January 1, 2000 through November 30, 50 2000, the 2001 target period shall mean January 1, 2001 through November 51 30, 2001, the 2002 target period shall mean January 1, 2002 through 52 November 30, 2002, the 2003 target period shall mean January 1, 2003 53 through November 30, 2003, the 2004 target period shall mean January 1, 54 2004 through November 30, 2004, and the 2005 target period shall mean 55 January 1, 2005 through November 30, 2005, the 2006 target period shall 56 mean January 1, 2006 through November 30, 2006, and the 2007 targetS. 7506--B 183 A. 9506--B 1 period shall mean January 1, 2007 through November 30, 2007 and the 2008 2 target period shall mean January 1, 2008 through November 30, 2008, and 3 the 2009 target period shall mean January 1, 2009 through November 30, 4 2009 and the 2010 target period shall mean January 1, 2010 through 5 November 30, 2010 and the 2011 target period shall mean January 1, 2011 6 through November 30, 2011 and the 2012 target period shall mean January 7 1, 2012 through November 30, 2012 and the 2013 target period shall mean 8 January 1, 2013 through November 30, 2013, and the 2014 target period 9 shall mean January 1, 2014 through November 30, 2014 and the 2015 target 10 period shall mean January 1, 2015 through November 30, 2015 and the 2016 11 target period shall mean January 1, 2016 through November 30, 2016 and 12 the 2017 target period shall mean January 1, 2017 through November 30, 13 2017 and the 2018 target period shall mean January 1, 2018 through 14 November 30, 2018 and the 2019 target period shall mean January 1, 2019 15 through November 30, 2019 and the 2020 target period shall mean January 16 1, 2020 through November 30, 2020, and the 2021 target period shall mean 17 January 1, 2021 through November 30, 2021 and the 2022 target period 18 shall mean January 1, 2022 through November 30, 2022 and the 2023 target 19 period shall mean January 1, 2023 through November 30, 2023. 20 2. (a) Prior to February 1, 1997, for each regional group the commis- 21 sioner of health shall calculate the 1996 medicaid revenue percentages 22 for the period commencing August 1, 1996 to the last date for which such 23 data is available and reasonably accurate. 24 (b) Prior to February 1, 1998, prior to February 1, 1999, prior to 25 February 1, 2000, prior to February 1, 2001, prior to February 1, 2002, 26 prior to February 1, 2003, prior to February 1, 2004, prior to February 27 1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior to 28 February 1, 2008, prior to February 1, 2009, prior to February 1, 2010, 29 prior to February 1, 2011, prior to February 1, 2012, prior to February 30 1, 2013, prior to February 1, 2014, prior to February 1, 2015, prior to 31 February 1, 2016, prior to February 1, 2017, prior to February 1, 2018, 32 prior to February 1, 2019, [and] prior to February 1, 2020, prior to 33 February 1, 2021, prior to February 1, 2022, and prior to February 1, 34 2023 for each regional group the commissioner of health shall calculate 35 the prior year's medicaid revenue percentages for the period commencing 36 January 1 through November 30 of such prior year. 37 3. By September 15, 1996, for each regional group the commissioner of 38 health shall calculate the base period medicaid revenue percentage. 39 4. (a) For each regional group, the 1996 target medicaid revenue 40 percentage shall be calculated by subtracting the 1996 medicaid revenue 41 reduction percentages from the base period medicaid revenue percentages. 42 The 1996 medicaid revenue reduction percentage, taking into account 43 regional and program differences in utilization of medicaid and medicare 44 services, for the following regional groups shall be equal to: 45 (i) one and one-tenth percentage points for CHHAs located within the 46 downstate region; 47 (ii) six-tenths of one percentage point for CHHAs located within the 48 upstate region; 49 (iii) one and eight-tenths percentage points for LTHHCPs located with- 50 in the downstate region; and 51 (iv) one and seven-tenths percentage points for LTHHCPs located within 52 the upstate region. 53 (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 54 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 55 [and], 2020, 2021, 2022 and 2023 for each regional group, the target 56 medicaid revenue percentage for the respective year shall be calculatedS. 7506--B 184 A. 9506--B 1 by subtracting the respective year's medicaid revenue reduction percent- 2 age from the base period medicaid revenue percentage. The medicaid 3 revenue reduction percentages for 1997, 1998, 2000, 2001, 2002, 2003, 4 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 5 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022 and 2023, taking into 6 account regional and program differences in utilization of medicaid and 7 medicare services, for the following regional groups shall be equal to 8 for each such year: 9 (i) one and one-tenth percentage points for CHHAs located within the 10 downstate region; 11 (ii) six-tenths of one percentage point for CHHAs located within the 12 upstate region; 13 (iii) one and eight-tenths percentage points for LTHHCPs located with- 14 in the downstate region; and 15 (iv) one and seven-tenths percentage points for LTHHCPs located within 16 the upstate region. 17 (c) For each regional group, the 1999 target medicaid revenue percent- 18 age shall be calculated by subtracting the 1999 medicaid revenue 19 reduction percentage from the base period medicaid revenue percentage. 20 The 1999 medicaid revenue reduction percentages, taking into account 21 regional and program differences in utilization of medicaid and medicare 22 services, for the following regional groups shall be equal to: 23 (i) eight hundred twenty-five thousandths (.825) of one percentage 24 point for CHHAs located within the downstate region; 25 (ii) forty-five hundredths (.45) of one percentage point for CHHAs 26 located within the upstate region; 27 (iii) one and thirty-five hundredths percentage points (1.35) for 28 LTHHCPs located within the downstate region; and 29 (iv) one and two hundred seventy-five thousandths percentage points 30 (1.275) for LTHHCPs located within the upstate region. 31 5. (a) For each regional group, if the 1996 medicaid revenue percent- 32 age is not equal to or less than the 1996 target medicaid revenue 33 percentage, the commissioner of health shall compare the 1996 medicaid 34 revenue percentage to the 1996 target medicaid revenue percentage to 35 determine the amount of the shortfall which, when divided by the 1996 36 medicaid revenue reduction percentage, shall be called the 1996 37 reduction factor. These amounts, expressed as a percentage, shall not 38 exceed one hundred percent. If the 1996 medicaid revenue percentage is 39 equal to or less than the 1996 target medicaid revenue percentage, the 40 1996 reduction factor shall be zero. 41 (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 42 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018 43 [and], 2019, 2020, 2021, 2022 and 2023, for each regional group, if the 44 medicaid revenue percentage for the respective year is not equal to or 45 less than the target medicaid revenue percentage for such respective 46 year, the commissioner of health shall compare such respective year's 47 medicaid revenue percentage to such respective year's target medicaid 48 revenue percentage to determine the amount of the shortfall which, when 49 divided by the respective year's medicaid revenue reduction percentage, 50 shall be called the reduction factor for such respective year. These 51 amounts, expressed as a percentage, shall not exceed one hundred 52 percent. If the medicaid revenue percentage for a particular year is 53 equal to or less than the target medicaid revenue percentage for that 54 year, the reduction factor for that year shall be zero.S. 7506--B 185 A. 9506--B 1 6. (a) For each regional group, the 1996 reduction factor shall be 2 multiplied by the following amounts to determine each regional group's 3 applicable 1996 state share reduction amount: 4 (i) two million three hundred ninety thousand dollars ($2,390,000) for 5 CHHAs located within the downstate region; 6 (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located 7 within the upstate region; 8 (iii) one million two hundred seventy thousand dollars ($1,270,000) 9 for LTHHCPs located within the downstate region; and 10 (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs 11 located within the upstate region. 12 For each regional group reduction, if the 1996 reduction factor shall 13 be zero, there shall be no 1996 state share reduction amount. 14 (b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 15 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 16 [and], 2020, 2021, 2022 and 2023, for each regional group, the reduction 17 factor for the respective year shall be multiplied by the following 18 amounts to determine each regional group's applicable state share 19 reduction amount for such respective year: 20 (i) two million three hundred ninety thousand dollars ($2,390,000) for 21 CHHAs located within the downstate region; 22 (ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located 23 within the upstate region; 24 (iii) one million two hundred seventy thousand dollars ($1,270,000) 25 for LTHHCPs located within the downstate region; and 26 (iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs 27 located within the upstate region. 28 For each regional group reduction, if the reduction factor for a 29 particular year shall be zero, there shall be no state share reduction 30 amount for such year. 31 (c) For each regional group, the 1999 reduction factor shall be multi- 32 plied by the following amounts to determine each regional group's appli- 33 cable 1999 state share reduction amount: 34 (i) one million seven hundred ninety-two thousand five hundred dollars 35 ($1,792,500) for CHHAs located within the downstate region; 36 (ii) five hundred sixty-two thousand five hundred dollars ($562,500) 37 for CHHAs located within the upstate region; 38 (iii) nine hundred fifty-two thousand five hundred dollars ($952,500) 39 for LTHHCPs located within the downstate region; and 40 (iv) four hundred forty-two thousand five hundred dollars ($442,500) 41 for LTHHCPs located within the upstate region. 42 For each regional group reduction, if the 1999 reduction factor shall 43 be zero, there shall be no 1999 state share reduction amount. 44 7. (a) For each regional group, the 1996 state share reduction amount 45 shall be allocated by the commissioner of health among CHHAs and LTHHCPs 46 on the basis of the extent of each CHHA's and LTHHCP's failure to 47 achieve the 1996 target medicaid revenue percentage, calculated on a 48 provider specific basis utilizing revenues for this purpose, expressed 49 as a proportion of the total of each CHHA's and LTHHCP's failure to 50 achieve the 1996 target medicaid revenue percentage within the applica- 51 ble regional group. This proportion shall be multiplied by the applica- 52 ble 1996 state share reduction amount calculation pursuant to paragraph 53 (a) of subdivision 6 of this section. This amount shall be called the 54 1996 provider specific state share reduction amount. 55 (b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 56 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,S. 7506--B 186 A. 9506--B 1 2019 [and], 2020, 2021, 2022 and 2023 for each regional group, the state 2 share reduction amount for the respective year shall be allocated by the 3 commissioner of health among CHHAs and LTHHCPs on the basis of the 4 extent of each CHHA's and LTHHCP's failure to achieve the target medi- 5 caid revenue percentage for the applicable year, calculated on a provid- 6 er specific basis utilizing revenues for this purpose, expressed as a 7 proportion of the total of each CHHA's and LTHHCP's failure to achieve 8 the target medicaid revenue percentage for the applicable year within 9 the applicable regional group. This proportion shall be multiplied by 10 the applicable year's state share reduction amount calculation pursuant 11 to paragraph (b) or (c) of subdivision 6 of this section. This amount 12 shall be called the provider specific state share reduction amount for 13 the applicable year. 14 8. (a) The 1996 provider specific state share reduction amount shall 15 be due to the state from each CHHA and LTHHCP and may be recouped by the 16 state by March 31, 1997 in a lump sum amount or amounts from payments 17 due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the 18 social services law. 19 (b) The provider specific state share reduction amount for 1997, 1998, 20 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 21 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021, 22 2022 and 2023 respectively, shall be due to the state from each CHHA and 23 LTHHCP and each year the amount due for such year may be recouped by the 24 state by March 31 of the following year in a lump sum amount or amounts 25 from payments due to the CHHA and LTHHCP pursuant to title 11 of article 26 5 of the social services law. 27 9. CHHAs and LTHHCPs shall submit such data and information at such 28 times as the commissioner of health may require for purposes of this 29 section. The commissioner of health may use data available from third- 30 party payors. 31 10. On or about June 1, 1997, for each regional group the commissioner 32 of health shall calculate for the period August 1, 1996 through March 33 31, 1997 a medicaid revenue percentage, a reduction factor, a state 34 share reduction amount, and a provider specific state share reduction 35 amount in accordance with the methodology provided in paragraph (a) of 36 subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi- 37 sion 6 and paragraph (a) of subdivision 7 of this section. The provider 38 specific state share reduction amount calculated in accordance with this 39 subdivision shall be compared to the 1996 provider specific state share 40 reduction amount calculated in accordance with paragraph (a) of subdivi- 41 sion 7 of this section. Any amount in excess of the amount determined in 42 accordance with paragraph (a) of subdivision 7 of this section shall be 43 due to the state from each CHHA and LTHHCP and may be recouped in 44 accordance with paragraph (a) of subdivision 8 of this section. If the 45 amount is less than the amount determined in accordance with paragraph 46 (a) of subdivision 7 of this section, the difference shall be refunded 47 to the CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs 48 and LTHHCPs shall submit data for the period August 1, 1996 through 49 March 31, 1997 to the commissioner of health by April 15, 1997. 50 11. If a CHHA or LTHHCP fails to submit data and information as 51 required for purposes of this section: 52 (a) such CHHA or LTHHCP shall be presumed to have no decrease in medi- 53 caid revenue percentage between the applicable base period and the 54 applicable target period for purposes of the calculations pursuant to 55 this section; andS. 7506--B 187 A. 9506--B 1 (b) the commissioner of health shall reduce the current rate paid to 2 such CHHA and such LTHHCP by state governmental agencies pursuant to 3 article 36 of the public health law by one percent for a period begin- 4 ning on the first day of the calendar month following the applicable due 5 date as established by the commissioner of health and continuing until 6 the last day of the calendar month in which the required data and infor- 7 mation are submitted. 8 12. The commissioner of health shall inform in writing the director of 9 the budget and the chair of the senate finance committee and the chair 10 of the assembly ways and means committee of the results of the calcu- 11 lations pursuant to this section. 12 § 13. Paragraph (f) of subdivision 1 of section 64 of chapter 81 of 13 the laws of 1995, amending the public health law and other laws relating 14 to medical reimbursement and welfare reform, as amended by chapter 49 of 15 the laws of 2017, is amended to read as follows: 16 (f) Prior to February 1, 2001, February 1, 2002, February 1, 2003, 17 February 1, 2004, February 1, 2005, February 1, 2006, February 1, 2007, 18 February 1, 2008, February 1, 2009, February 1, 2010, February 1, 2011, 19 February 1, 2012, February 1, 2013, February 1, 2014, February 1, 2015, 20 February 1, 2016, February 1, 2017, February 1, 2018, February 1, 2019 21 [and], February 1, 2020, February 1, 2021, February 1, 2022 and February 22 1, 2023, the commissioner of health shall calculate the result of the 23 statewide total of residential health care facility days of care 24 provided to beneficiaries of title XVIII of the federal social security 25 act (medicare), divided by the sum of such days of care plus days of 26 care provided to residents eligible for payments pursuant to title 11 of 27 article 5 of the social services law minus the number of days provided 28 to residents receiving hospice care, expressed as a percentage, for the 29 period commencing January 1, through November 30, of the prior year 30 respectively, based on such data for such period. This value shall be 31 called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 32 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 33 2021, 2022 and 2023 statewide target percentage respectively. 34 § 14. Subparagraph (ii) of paragraph (b) of subdivision 3 of section 35 64 of chapter 81 of the laws of 1995, amending the public health law and 36 other laws relating to medical reimbursement and welfare reform, as 37 amended by chapter 49 of the laws of 2017, is amended to read as 38 follows: 39 (ii) If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 40 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 41 2019 [and], 2020, 2021, 2022 and 2023 statewide target percentages are 42 not for each year at least three percentage points higher than the 43 statewide base percentage, the commissioner of health shall determine 44 the percentage by which the statewide target percentage for each year is 45 not at least three percentage points higher than the statewide base 46 percentage. The percentage calculated pursuant to this paragraph shall 47 be called the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 48 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 49 2019 [and], 2020, 2021, 2022 and 2023 statewide reduction percentage 50 respectively. If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 51 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 52 2018, 2019 [and], 2020, 2021, 2022 and 2023 statewide target percentage 53 for the respective year is at least three percentage points higher than 54 the statewide base percentage, the statewide reduction percentage for 55 the respective year shall be zero.S. 7506--B 188 A. 9506--B 1 § 15. Subparagraph (iii) of paragraph (b) of subdivision 4 of section 2 64 of chapter 81 of the laws of 1995, amending the public health law and 3 other laws relating to medical reimbursement and welfare reform, as 4 amended by chapter 49 of the laws of 2017, is amended to read as 5 follows: 6 (iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 7 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 8 2020, 2021, 2022 and 2023 statewide reduction percentage shall be multi- 9 plied by one hundred two million dollars respectively to determine the 10 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 11 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021, 12 2022 and 2023 statewide aggregate reduction amount. If the 1998 and the 13 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 14 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022 15 and 2023 statewide reduction percentage shall be zero respectively, 16 there shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 17 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 18 [and] 2020, 2021, 2022 and 2023 reduction amount. 19 § 16. Subdivision (i-1) of section 79 of part C of chapter 58 of the 20 laws of 2008, amending the social services law and the public health law 21 relating to adjustments of rates, as amended by section 5 of chapter 49 22 of the laws of 2017, is amended to read as follows: 23 (i-1) section thirty-one-a of this act shall be deemed repealed July 24 1, [2020] 2023; 25 § 17. Section 4 of chapter 495 of the laws of 2004, amending the 26 insurance law and the public health law relating to the New York state 27 health insurance continuation assistance demonstration project, as 28 amended by section 1 of part FF of chapter 57 of the laws of 2019, is 29 amended to read as follows: 30 § 4. This act shall take effect on the sixtieth day after it shall 31 have become a law; provided, however, that this act shall remain in 32 effect until July 1, [2020] 2021 when upon such date the provisions of 33 this act shall expire and be deemed repealed; provided, further, that a 34 displaced worker shall be eligible for continuation assistance retroac- 35 tive to July 1, 2004. 36 § 18. Section 8 of chapter 563 of the laws of 2008, amending the 37 education law and the public health law relating to immunizing agents to 38 be administered to adults by pharmacists, as amended by section 3 of 39 part DD of chapter 57 of the laws of 2018, is amended to read as 40 follows: 41 § 8. This act shall take effect on the ninetieth day after it shall 42 have become a law and shall expire and be deemed repealed July 1, [2020] 43 2022. 44 § 19. Section 5 of chapter 116 of the laws of 2012, amending the 45 education law relating to authorizing a licensed pharmacist and certi- 46 fied nurse practitioner to administer certain immunizing agents, as 47 amended by section 4 of part DD of chapter 57 of the laws of 2018, is 48 amended to read as follows: 49 § 5. This act shall take effect on the ninetieth day after it shall 50 have become a law, provided, however, that the provisions of sections 51 one, two and four of this act shall expire and be deemed repealed July 52 1, [2020] 2022 provided, that: 53 (a) the amendments to subdivision 7 of section 6527 of the education 54 law made by section one of this act shall not affect the repeal of such 55 subdivision and shall be deemed to be repealed therewith;S. 7506--B 189 A. 9506--B 1 (b) the amendments to subdivision 7 of section 6909 of the education 2 law, made by section two of this act shall not affect the repeal of such 3 subdivision and shall be deemed to be repealed therewith; 4 (c) the amendments to subdivision 22 of section 6802 of the education 5 law made by section three of this act shall not affect the repeal of 6 such subdivision and shall be deemed to be repealed therewith; and 7 (d) the amendments to section 6801 of the education law made by 8 section four of this act shall not affect the expiration of such section 9 and shall be deemed to expire therewith. 10 § 20. Section 5 of chapter 21 of the laws of 2011, amending the educa- 11 tion law relating to authorizing pharmacists to perform collaborative 12 drug therapy management with physicians in certain settings, as amended 13 by section 5 of part DD of chapter 57 of the laws of 2018, is amended to 14 read as follows: 15 § 5. This act shall take effect on the one hundred twentieth day after 16 it shall have become a law, provided, however, that the provisions of 17 sections two, three, and four of this act shall expire and be deemed 18 repealed July 1, [2020] 2022; provided, however, that the amendments to 19 subdivision 1 of section 6801 of the education law made by section one 20 of this act shall be subject to the expiration and reversion of such 21 subdivision pursuant to section 8 of chapter 563 of the laws of 2008, 22 when upon such date the provisions of section one-a of this act shall 23 take effect; provided, further, that effective immediately, the addi- 24 tion, amendment and/or repeal of any rule or regulation necessary for 25 the implementation of this act on its effective date are authorized and 26 directed to be made and completed on or before such effective date. 27 § 21. This act shall take effect immediately and shall be deemed to 28 have been in full force and effect on and after April 1, 2020. 29 PART CC 30 Section 1. Paragraphs 56 and 57 of subdivision (b) of schedule I of 31 section 3306 of the public health law, as added by section 4 of part BB 32 of chapter 57 of the laws of 2018, are amended to read as follows: 33 (56) [3,4-dichloro-N-{(1-dimethylamino) cyclohexylmethyl}benzamide] 34 3,4-dichloro-N-{(1-dimethylamino)cyclohexylmethyl}benzamide. Some trade 35 or other names: AH-7921. 36 (57) [N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (Acetyl Fenta-37nyl)] N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide. Some trade or 38 other names: Acetyl Fentanyl. 39 § 2. Subdivision (b) of schedule I of section 3306 of the public 40 health law is amended by adding thirteen new paragraphs 58, 59, 60, 61, 41 62, 63, 64, 65, 66, 67, 68, 69 and 70 to read as follows: 42 (58) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide. Other name: 43 Butyryl Fentanyl. 44 (59) N-{1-{2-hydroxy-2-(thiophen-2-yl)ethyl}piperidin-4-yl}-N-phenylp- 45 ropionamide. Other name: Beta-Hydroxythiofentanyl. 46 (60) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide. Other 47 name: Furanyl Fentanyl. 48 (61) 3,4-Dichloro-N-{2-(dimethylamino) cyclohexyl}-N-methylbenzamide. 49 Other name: U-47700. 50 (62) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide. Other names: 51 Acryl Fentanyl or Acryloylfentanyl. 52 (63) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide. 53 Other names: 4-fluoroisobutyryl fentanyl, para-fluoroisobutyryl fenta- 54 nyl.S. 7506--B 190 A. 9506--B 1 (64) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide. 2 Other names: ortho-fluorofentanyl or 2-fluorofentanyl. 3 (65) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carbox- 4 amide. Other name: tetrahydrofuranyl fentanyl. 5 (66) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide. Other 6 name: methoxyacetyl fentanyl. 7 (67) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide. 8 Other name: cyclopropyl fentanyl. 9 (68) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide. Other 10 name: para-fluorobutyrylfentanyl. 11 (69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetam- 12 ide. Other name: Ocfentanil. 13 (70) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine. Other name: MT-45. 14 § 3. Subdivision (c) of schedule II of section 3306 of the public 15 health law is amended by adding a new paragraph 29 to read as follows: 16 (29) Thiafentanil. 17 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 18 sion, section or part of this act shall be adjudged by any court of 19 competent jurisdiction to be invalid, such judgment shall not affect, 20 impair, or invalidate the remainder thereof, but shall be confined in 21 its operation to the clause, sentence, paragraph, subdivision, section 22 or part thereof directly involved in the controversy in which such judg- 23 ment shall have been rendered. It is hereby declared to be the intent of 24 the legislature that this act would have been enacted even if such 25 invalid provisions had not been included herein. 26 § 5. This act shall take effect on the ninetieth day after it shall 27 have become a law. 28 PART DD 29 Section 1. Subdivisions 1 and 4 of section 1119 of the public health 30 law, as amended by chapter 61 of the laws of 1989, are amended to read 31 as follows: 32 1. At the time of submitting a plan for approval as required by this 33 article, a filing fee computed at the rate of [twelve dollars and fifty34cents] fifty dollars per lot shall be paid to the department or to the 35 city, county or part-county health district wherein such plans are 36 filed. 37 4. Notwithstanding any other provision of this title the commissioner 38 [of health] is empowered to make administrative arrangements with the 39 commissioner of environmental conservation for joint or cooperative 40 administration of this title and title fifteen of article seventeen of 41 the environmental conservation law, such that only one plan must be 42 filed and only one fee totaling [twenty-five] one hundred dollars per 43 lot must be paid. 44 § 2. Subdivision 2 of section 3551 of the public health law, as added 45 by chapter 378 of the laws of 1990, is amended to read as follows: 46 2. The department shall license each applicant who submits an applica- 47 tion on a form prescribed by the commissioner and meets the requirements 48 of this article and any rules or regulations promulgated pursuant to 49 this article, upon payment of a registration fee of [thirty] one hundred 50 twenty dollars. 51 § 3. Subdivision 1 of section 3554 of the public health law, as added 52 by chapter 378 of the laws of 1990, is amended to read as follows: 53 1. The commissioner shall inspect each tanning facility licensed under 54 this article and each ultraviolet radiation device used, offered, orS. 7506--B 191 A. 9506--B 1 made available for use in such facility, not less than biennially. The 2 commissioner may establish a fee for such inspection, which shall not 3 exceed [fifty] two hundred dollars per ultraviolet radiation device; 4 provided, however, that no facility shall be required to pay any such 5 fee on more than one occasion in any biennial registration period. The 6 commissioner may appoint and designate, from time to time, persons to 7 make the inspections authorized by this article. 8 § 4. Paragraph (a) of subdivision 2 of section 905 of the labor law, 9 as added by chapter 166 of the laws of 1991, is amended to read as 10 follows: 11 (a) The commissioner of health shall assess a fee of no more than 12 [twenty] fifty dollars for each asbestos safety program completion 13 certificate requested by the training sponsor for each full asbestos 14 safety program and a fee of no more than [twelve] thirty dollars for 15 each asbestos safety program completion certificate requested by the 16 training sponsor for each refresher training asbestos safety program, 17 provided, however, that in no event shall the cost of such certificates 18 be assessed by the sponsor against the participants. 19 § 5. This act shall take effect immediately. 20 PART EE 21 Section 1. The public health law is amended by adding three new 22 sections 1399-mm-1, 1399-mm-2, and 1399-mm-3 to read as follows: 23 § 1399-mm-1. Sale of flavored products prohibited. 1. For the purposes 24 of this section "flavored" shall mean any vapor product intended or 25 reasonably expected to be used with or for the consumption of nicotine, 26 with a distinguishable taste or aroma, other than the taste or aroma of 27 tobacco, imparted either prior to or during consumption of such product 28 or a component part thereof, including but not limited to tastes or 29 aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, 30 dessert, alcoholic beverage, mint, wintergreen, menthol, herb or spice, 31 or any concept flavor that imparts a taste or aroma that is distinguish- 32 able from tobacco flavor but may not relate to any particular known 33 flavor. A vapor product intended or reasonably expected to be used with 34 or for the consumption of nicotine, shall be presumed to be flavored if 35 a product's retailer, manufacturer, or a manufacturer's agent or employ- 36 ee has made a statement or claim directed to consumers or the public, 37 whether expressed or implied, that such product or device has a distin- 38 guishable taste or aroma other than the taste or aroma of tobacco. 39 2. No vapor products dealer, or any agent or employee of a vapor 40 products dealer, shall sell or offer for sale at retail in the state any 41 flavored vapor product intended or reasonably expected to be used with 42 or for the consumption of nicotine. 43 3. Any vapor products dealer, or any agent or employee of a vapor 44 products dealer, who violates the provisions of this section shall be 45 subject to a civil penalty of not more than one hundred dollars for each 46 individual package of flavored vapor product intended or reasonably 47 expected to be used with or for the consumption of nicotine sold or 48 offered for sale, provided, however, that with respect to a manufactur- 49 er, it shall be an affirmative defense to a finding of violation pursu- 50 ant to this section that such sale or offer of sale, as applicable, 51 occurred without the knowledge, consent, authorization, or involvement, 52 direct or indirect, of such manufacturer. Violations of this section 53 shall be enforced pursuant to section thirteen hundred ninety-nine-ff ofS. 7506--B 192 A. 9506--B 1 this article, except that any person may submit a complaint to an 2 enforcement officer that a violation of this section has occurred. 3 4. The provisions of this section shall not apply to any vapor 4 products dealer, or any agent or employee of a vapor products dealer, 5 who sells or offers for sale, or who possess with intent to sell or 6 offer for sale, any flavored vapor product intended or reasonably 7 expected to be used with or for the consumption of nicotine that the 8 U.S. Food and Drug Administration has authorized to legally market as 9 defined under 21 U.S.C. § 387j and that has received a premarket review 10 approval order under 21 U.S.C. § 387j(c) et seq. 11 § 1399-mm-2. Sale in pharmacies. 1. No tobacco product, herbal ciga- 12 rette, or vapor product intended or reasonably expected to be used with 13 or for the consumption of nicotine, shall be sold in a pharmacy or in a 14 retail establishment that contains a pharmacy operated as a department 15 as defined by paragraph f of subdivision two of section sixty-eight 16 hundred eight of the education law. Provided, however, that such prohi- 17 bition on the sale of tobacco products, herbal cigarettes, or vapor 18 products intended or reasonably expected to be used with or for the 19 consumption of nicotine, shall not apply to any other business that owns 20 or leases premises within any building or other facility that also 21 contains a pharmacy or a retail establishment that contains a pharmacy 22 operated as a department as defined by paragraph f of subdivision two of 23 section sixty-eight hundred eight of the education law. 24 2. The commissioner shall have sole jurisdiction to enforce the 25 provisions of this section. The commissioner shall have the power to 26 assess penalties in accordance with section twelve of this chapter and 27 pursuant to a hearing conducted in accordance with section twelve-a of 28 this chapter. Nothing in this section shall be construed to prohibit the 29 commissioner from commencing a proceeding for injunctive relief to 30 compel compliance with this section. 31 § 1399-mm-3. Carrier oils. 1. For the purposes of this section "carri- 32 er oils" shall mean any ingredient of a vapor product intended to 33 control the consistency or other physical characteristics of such vapor 34 product, to control the consistency or other physical characteristics of 35 vapor, or to facilitate the production of vapor when such vapor product 36 is used in an electronic cigarette. "Carrier oils" shall not include any 37 product approved by the United States food and drug administration as a 38 drug or medical device or manufactured and dispensed pursuant to title 39 five-A of article thirty-three of this chapter. 40 2. The commissioner is authorized to promulgate rules and regulations 41 governing the sale and distribution of carrier oils that are suspected 42 of causing acute illness and have been identified as a chemical of 43 concern by the United States centers for disease control and prevention. 44 Such regulations may, to the extent deemed by the commissioner as neces- 45 sary for the protection of public health, prohibit or restrict the sell- 46 ing, offering for sale, possessing with intent to sell, or distributing 47 of carrier oils. 48 3. The provisions of this section shall not apply where preempted by 49 federal law. Furthermore, the provisions of this section shall be 50 severable, and if any phrase, clause, sentence, or provision is declared 51 to be invalid, or is preempted by federal law or regulation, the validi- 52 ty of the remainder of this section shall not be affected thereby. If 53 any provision of this section is declared to be inapplicable to any 54 specific category, type, or kind of carrier oil, the provisions of this 55 section shall nonetheless continue to apply with respect to all other 56 carrier oils.S. 7506--B 193 A. 9506--B 1 § 2. Section 1399-aa of the public health law is amended by adding 2 five new subdivisions 14, 15, 16, 17, and 18 to read as follows: 3 14. "Price reduction instrument" means any coupon, voucher, rebate, 4 card, paper, note, form, statement, ticket, image, or other issue, 5 whether in paper, digital, or any other form, used for commercial 6 purposes to receive an article, product, service, or accommodation with- 7 out charge or at a discounted price. 8 15. "Listed or non-discounted price" means the price listed for ciga- 9 rettes, tobacco products, or vapor products intended or reasonably 10 expected to be used with or for the consumption of nicotine, on their 11 packages or any related shelving, posting, advertising or display at the 12 location where the cigarettes, tobacco products, or vapor products 13 intended or reasonably expected to be used with or for the consumption 14 of nicotine, are sold or offered for sale, including all applicable 15 taxes. 16 16. "Retail dealer" means a person licensed by the commissioner of 17 taxation and finance to sell cigarettes, tobacco products, or vapor 18 products in this state. 19 17. "Vapor products" means any noncombustible liquid or gel, regard- 20 less of the presence of nicotine therein, that is manufactured into a 21 finished product for use in an electronic cigarette, including any 22 device that contains such noncombustible liquid or gel. "Vapor product" 23 shall not include any device, or any component thereof, that does not 24 contain such noncombustible liquid or gel, or any product approved by 25 the United States food and drug administration as a drug or medical 26 device, or manufactured and dispensed pursuant to title five-A of arti- 27 cle thirty-three of this chapter. 28 18. "Vapor products dealer" means a person licensed by the commission- 29 er of taxation and finance to sell vapor products in this state. 30 § 3. Section 1399-ll of the public health law, as added by chapter 262 31 of the laws of 2000, subdivisions 1 and 5 as amended and subdivision 6 32 as added by chapter 342 of the laws of 2013, is amended to read as 33 follows: 34 § 1399-ll. Unlawful shipment or transport of cigarettes and vapor 35 products. 1. It shall be unlawful for any person engaged in the busi- 36 ness of selling cigarettes to ship or cause to be shipped any cigarettes 37 to any person in this state who is not: (a) a person licensed as a ciga- 38 rette tax agent or wholesale dealer under article twenty of the tax law 39 or registered retail dealer under section four hundred eighty-a of the 40 tax law; (b) an export warehouse proprietor pursuant to chapter 52 of 41 the internal revenue code or an operator of a customs bonded warehouse 42 pursuant to section 1311 or 1555 of title 19 of the United States Code; 43 or (c) a person who is an officer, employee or agent of the United 44 States government, this state or a department, agency, instrumentality 45 or political subdivision of the United States or this state and presents 46 himself or herself as such, when such person is acting in accordance 47 with his or her official duties. For purposes of this subdivision, a 48 person is a licensed or registered agent or dealer described in para- 49 graph (a) of this subdivision if his or her name appears on a list of 50 licensed or registered agents or dealers published by the department of 51 taxation and finance, or if such person is licensed or registered as an 52 agent or dealer under article twenty of the tax law. 53 1-a. It shall be unlawful for any person engaged in the business of 54 selling vapor products to ship or cause to be shipped any vapor products 55 intended or reasonably expected to be used with or for the consumption 56 of nicotine to any person in this state who is not: (a) a person thatS. 7506--B 194 A. 9506--B 1 receives a certificate of registration as a vapor products dealer under 2 article twenty eight-C of the tax law; (b) an export warehouse proprie- 3 tor pursuant to chapter 52 of the internal revenue code or an operator 4 of a customs bonded warehouse pursuant to section 1311 or 1555 of title 5 19 of the United States Code; or (c) a person who is an officer, employ- 6 ee or agent of the United States government, this state or a department, 7 agency, instrumentality or political subdivision of the United States or 8 this state and presents himself or herself as such, when such person is 9 acting in accordance with his or her official duties. For purposes of 10 this subdivision, a person is a licensed or registered agent or dealer 11 described in paragraph (a) of this subdivision if his or her name 12 appears on a list of licensed or registered agents or vapor product 13 dealers published by the department of taxation and finance, or if such 14 person is licensed or registered as an agent or dealer under article 15 twenty eight-C of the tax law. 16 2. It shall be unlawful for any common or contract carrier to knowing- 17 ly transport cigarettes to any person in this state reasonably believed 18 by such carrier to be other than a person described in paragraph (a), 19 (b) or (c) of subdivision one of this section. For purposes of the 20 preceding sentence, if cigarettes are transported to a home or resi- 21 dence, it shall be presumed that the common or contract carrier knew 22 that such person was not a person described in paragraph (a), (b) or (c) 23 of subdivision one of this section. It shall be unlawful for any other 24 person to knowingly transport cigarettes to any person in this state, 25 other than to a person described in paragraph (a), (b) or (c) of subdi- 26 vision one of this section. Nothing in this subdivision shall be 27 construed to prohibit a person other than a common or contract carrier 28 from transporting not more than eight hundred cigarettes at any one time 29 to any person in this state. It shall be unlawful for any common or 30 contract carrier to knowingly transport vapor products intended or 31 reasonably expected to be used with or for the consumption of nicotine 32 to any person in this state reasonably believed by such carrier to be 33 other than a person described in paragraph (a), (b) or (c) of subdivi- 34 sion one-a of this section. For purposes of the preceding sentence, if 35 vapor products intended or reasonably expected to be used with or for 36 the consumption of nicotine are transported to a home or residence, it 37 shall be presumed that the common or contract carrier knew that such 38 person was not a person described in paragraph (a), (b) or (c) of subdi- 39 vision one-a of this section. It shall be unlawful for any other person 40 to knowingly transport vapor products intended or reasonably expected to 41 be used with or for the consumption of nicotine to any person in this 42 state, other than to a person described in paragraph (a), (b) or (c) of 43 subdivision one of this section. Nothing in this subdivision shall be 44 construed to prohibit a person other than a common or contract carrier 45 from transporting vapor products, provided that the amount of vapor 46 products intended or reasonably expected to be used with or for the 47 consumption of nicotine shall not exceed the lesser of 500 milliliters, 48 or a total nicotine content of 3 grams at any one time to any person in 49 this state. 50 3. When a person engaged in the business of selling cigarettes ships 51 or causes to be shipped any cigarettes to any person in this state, 52 other than in the cigarette manufacturer's original container or wrap- 53 ping, the container or wrapping must be plainly and visibly marked with 54 the word "cigarettes". When a person engaged in the business of selling 55 vapor products ships or causes to be shipped any vapor products intended 56 or reasonably expected to be used with or for the consumption of nico-S. 7506--B 195 A. 9506--B 1 tine to any person in this state, other than in the vapor products 2 manufacturer's original container or wrapping, the container or wrapping 3 must be plainly and visibly marked with the words "vapor products". 4 4. Whenever a police officer designated in section 1.20 of the crimi- 5 nal procedure law or a peace officer designated in subdivision four of 6 section 2.10 of such law, acting pursuant to his or her special duties, 7 shall discover any cigarettes or vapor products intended or reasonably 8 expected to be used with or for the consumption of nicotine which have 9 been or which are being shipped or transported in violation of this 10 section, such person is hereby empowered and authorized to seize and 11 take possession of such cigarettes or vapor products intended or reason- 12 ably expected to be used with or for the consumption of nicotine, and 13 such cigarettes or vapor products intended or reasonably expected to be 14 used with or for the consumption of nicotine shall be subject to a 15 forfeiture action pursuant to the procedures provided for in article 16 thirteen-A of the civil practice law and rules, as if such article 17 specifically provided for forfeiture of cigarettes or vapor products 18 intended or reasonably expected to be used with or for the consumption 19 of nicotine seized pursuant to this section as a pre-conviction forfei- 20 ture crime. 21 5. Any person who violates the provisions of subdivision one, one-a, 22 or two of this section shall be guilty of a class A misdemeanor and for 23 a second or subsequent violation shall be guilty of a class E felony. In 24 addition to the criminal penalty, any person who violates the provisions 25 of subdivision one, one-a, two or three of this section shall be subject 26 to a civil penalty not to exceed the greater of (a) five thousand 27 dollars for each such violation; [or] (b) one hundred dollars for each 28 pack of cigarettes shipped, caused to be shipped or transported in 29 violation of such subdivision; or (c) one hundred dollars for each vapor 30 product intended or reasonably expected to be used with or for the 31 consumption of nicotine shipped, caused to be shipped or transported in 32 violation of such subdivision. 33 6. The attorney general may bring an action to recover the civil 34 penalties provided by subdivision five of this section and for such 35 other relief as may be deemed necessary. In addition, the corporation 36 counsel of any political subdivision that imposes a tax on cigarettes or 37 vapor products intended or reasonably expected to used with or for the 38 consumption of nicotine may bring an action to recover the civil penal- 39 ties provided by subdivision five of this section and for such other 40 relief as may be deemed necessary with respect to any cigarettes or 41 vapor products intended or reasonably expected to be used with or for 42 the consumption of nicotine shipped, caused to be shipped or transported 43 in violation of this section to any person located within such political 44 subdivision. All civil penalties obtained in any such action shall be 45 retained by the state or political subdivision bringing such action, 46 provided that no person shall be required to pay civil penalties to both 47 the state and a political subdivision with respect to the same violation 48 of this section. 49 § 4. Section 1399-bb of the public health law, as amended by chapter 50 508 of the laws of 2000, the section heading as amended by chapter 4 of 51 the laws of 2018, subdivision 2 as amended by chapter 13 of the laws of 52 2003, and paragraphs (b), (c), and (f) of subdivision 2 and subdivisions 53 4 and 5 as amended by chapter 100 of the laws of 2019, is amended to 54 read as follows: 55 § 1399-bb. Distribution of tobacco products, [electronic cigarettes] 56 vapor products, or herbal cigarettes without charge. 1. No [person]S. 7506--B 196 A. 9506--B 1 retail dealer, or any agent or employee of a retail dealer engaged in 2 the business of selling or otherwise distributing tobacco products, 3 vapor products intended or reasonably expected to be used with or for 4 the consumption of nicotine, or herbal cigarettes for commercial 5 purposes, or any agent or employee of such [person] retail dealer, or 6 any agent or employee of a retail dealer, shall knowingly, in further- 7 ance of such business: 8 (a) distribute without charge any tobacco products, vapor products 9 intended or reasonably expected to be used with or for the consumption 10 of nicotine, or herbal cigarettes to any individual, provided that the 11 distribution of a package containing tobacco products, vapor products 12 intended or reasonably expected to be used with or for the consumption 13 of nicotine, or herbal cigarettes in violation of this subdivision shall 14 constitute a single violation without regard to the number of items in 15 the package; or 16 (b) distribute [coupons] price reduction instruments which are redeem- 17 able for tobacco products, vapor products intended or reasonably 18 expected to be used with or for the consumption of nicotine, or herbal 19 cigarettes to any individual, provided that this subdivision shall not 20 apply to coupons contained in newspapers, magazines or other types of 21 publications, coupons obtained through the purchase of tobacco products, 22 vapor products intended or reasonably expected to be used with or for 23 the consumption of nicotine, or herbal cigarettes or obtained at 24 locations which sell tobacco products, vapor products intended or 25 reasonably expected to be used with or for the consumption of nicotine, 26 or herbal cigarettes provided that such distribution is confined to a 27 designated area or to coupons sent through the mail. 28 1-a. No retail dealer engaged in the business of selling or otherwise 29 distributing tobacco products, herbal cigarettes, or vapor products 30 intended or reasonably expected to be used with or for the consumption 31 of nicotine for commercial purposes, or any agent or employee of such 32 retail dealer, shall knowingly, in furtherance of such business: 33 (a) honor or accept a price reduction instrument in any transaction 34 related to the sale of tobacco products, herbal cigarettes, or vapor 35 products intended or reasonably expected to be used with or for the 36 consumption of nicotine to a consumer; 37 (b) sell or offer for sale any tobacco products, herbal cigarettes, or 38 vapor products intended or reasonably expected to be used with or for 39 the consumption of nicotine to a consumer through any multi-package 40 discount or otherwise provide to a consumer any tobacco products, herbal 41 cigarettes, or vapor products intended or reasonably expected to be used 42 with or for the consumption of nicotine for less than the listed price 43 or non-discounted price in exchange for the purchase of any other tobac- 44 co products, herbal cigarettes, or vapor products intended or reasonably 45 expected to be used with or for the consumption of nicotine by such 46 consumer; 47 (c) sell, offer for sale, or otherwise provide any product other than 48 a tobacco product, herbal cigarette, or vapor product intended or 49 reasonably expected to be used with or for the consumption of nicotine 50 to a consumer for less than the listed price or non-discounted price in 51 exchange for the purchase of a tobacco product, herbal cigarette, or 52 vapor product intended or reasonably expected to be used with or for the 53 consumption of nicotine by such consumer; or 54 (d) sell, offer for sale, or otherwise provide a tobacco product, 55 herbal cigarette, or vapor product intended or reasonably expected to beS. 7506--B 197 A. 9506--B 1 used with or for the consumption of nicotine to a consumer for less than 2 the listed price or non-discounted price. 3 2. The prohibitions contained in subdivision one of this section shall 4 not apply to the following locations: 5 (a) private social functions when seating arrangements are under the 6 control of the sponsor of the function and not the owner, operator, 7 manager or person in charge of such indoor area; 8 (b) conventions and trade shows; provided that the distribution is 9 confined to designated areas generally accessible only to persons over 10 the age of twenty-one; 11 (c) events sponsored by tobacco, vapor product intended or reasonably 12 expected to be used with or for the consumption of nicotine, or herbal 13 cigarette manufacturers provided that the distribution is confined to 14 designated areas generally accessible only to persons over the age of 15 twenty-one; 16 (d) bars as defined in subdivision one of section thirteen hundred 17 ninety-nine-n of this chapter; 18 (e) tobacco businesses as defined in subdivision eight of section 19 thirteen hundred ninety-nine-aa of this article; 20 (f) factories as defined in subdivision nine of section thirteen 21 hundred ninety-nine-aa of this article and construction sites; provided 22 that the distribution is confined to designated areas generally accessi- 23 ble only to persons over the age of twenty-one. 24 3. No [person] retail dealer shall distribute tobacco products, vapor 25 products intended or reasonably expected to be used with or for the 26 consumption of nicotine, or herbal cigarettes at the locations set forth 27 in paragraphs (b), (c) and (f) of subdivision two of this section unless 28 such person gives five days written notice to the enforcement officer. 29 4. No [person] retail dealer engaged in the business of selling or 30 otherwise distributing electronic cigarettes or vapor products intended 31 or reasonably expected to be used with or for the consumption of nico- 32 tine for commercial purposes, or any agent or employee of such person, 33 shall knowingly, in furtherance of such business, distribute without 34 charge any electronic cigarettes to any individual under twenty-one 35 years of age. 36 5. The distribution of tobacco products, electronic cigarettes, vapor 37 products intended or reasonably expected to be used with or for the 38 consumption of nicotine, or herbal cigarettes pursuant to subdivision 39 two of this section or the distribution without charge of electronic 40 cigarettes, or vapor products intended or reasonably expected to be used 41 with or for the consumption of nicotine, shall be made only to an indi- 42 vidual who demonstrates, through (a) a driver's license or [other photo-43graphic] non-driver identification card issued by [a government entity44or educational institution] the commissioner of motor vehicles, the 45 federal government, any United States territory, commonwealth, or 46 possession, the District of Columbia, a state government within the 47 United States, or a provincial government of the dominion of Canada, (b) 48 a valid passport issued by the United States government or the govern- 49 ment of any other country, or (c) an identification card issued by the 50 armed forces of the United States, indicating that the individual is at 51 least twenty-one years of age. Such identification need not be required 52 of any individual who reasonably appears to be at least twenty-five 53 years of age; provided, however, that such appearance shall not consti- 54 tute a defense in any proceeding alleging the sale of a tobacco product, 55 electronic cigarette, vapor product intended or reasonably expected to 56 be used with or for the consumption of nicotine, or herbal cigarette orS. 7506--B 198 A. 9506--B 1 the distribution without charge of electronic cigarettes, or vapor 2 products intended or reasonably expected to be used with or for the 3 consumption of nicotine to an individual. 4 § 5. The public health law is amended by adding a new article 17 to 5 read as follows: 6 ARTICLE 17 7 INGREDIENT DISCLOSURES FOR 8 VAPOR PRODUCTS AND E-CIGARETTES 9 Section 1700. Definitions. 10 1701. Disclosure. 11 1702. Penalties. 12 § 1700. Definitions. As used in this article, the following terms 13 shall have the following meanings: 14 1. "Vapor products" shall mean any vapor product, as defined by 15 section thirteen hundred ninety-nine-aa of this chapter, intended or 16 reasonably expected to be used with or for the consumption of nicotine. 17 2. "Electronic cigarette" or "e-cigarette" shall have the same meaning 18 as defined by section thirteen hundred ninety-nine-aa of this chapter. 19 3. "Ingredient" shall mean all of the following: 20 (a) any intentional additive present in any quantity in a vapor prod- 21 uct; 22 (b) a byproduct or contaminant, present in a vapor product in any 23 quantity equal to or greater than one-half of one percent of the content 24 of such product by weight, or other amount determined by the commission- 25 er; 26 (c) a byproduct present in a vapor product in any quantity less than 27 one-half of one percent of the content of such product by weight, 28 provided such element or compound has been published as a chemical of 29 concern on one or more lists identified by the commissioner; and 30 (d) a contaminant present in a vapor product in a quantity determined 31 by the commissioner and less than one-half of one percent of the content 32 of such product by weight, provided such element or compound has been 33 published as a chemical of concern on one or more lists identified by 34 the commissioner. 35 4. "Intentionally added ingredient" shall mean any element or compound 36 that a manufacturer has intentionally added to a vapor product at any 37 point in such product's supply chain, or at any point in the supply 38 chain of any raw material or ingredient used to manufacture such prod- 39 uct. 40 5. "Byproduct" shall mean any element or compound in the finished 41 vapor product, or in the vapor produced during consumption of a vapor 42 product, which: (a) was created or formed during the manufacturing 43 process as an intentional or unintentional consequence of such manufac- 44 turing process at any point in such product's supply chain, or at any 45 point in the supply chain of any raw material or ingredient used to 46 manufacture such product; or (b) is created or formed as an intentional 47 or unintentional consequence of the use of an e-cigarette or consumption 48 of a vapor product. "Byproduct" shall include, but is not limited to, 49 an unreacted raw material, a breakdown product of an intentionally added 50 ingredient, a breakdown product of any component part of an e-cigarette, 51 or a derivative of the manufacturing process. 52 6. "Contaminant" shall mean any element or compound made present in a 53 vapor product as an unintentional consequence of manufacturing. Contam- 54 inants include, but are not limited to, elements or compounds present in 55 the environment which were introduced into a product, a raw material, or 56 a product ingredient as a result of the use of an environmental medium,S. 7506--B 199 A. 9506--B 1 such as naturally occurring water, or other materials used in the manu- 2 facturing process at any point in a product's supply chain, or at any 3 point in the supply chain of any raw material or ingredient used to 4 manufacture such product. 5 7. "Manufacturer" shall mean any person, firm, association, partner- 6 ship, limited liability company, or corporation which produces, 7 prepares, formulates, or compounds a vapor product or e-cigarette, or 8 whose brand name is affixed to such product. In the case of a vapor 9 product or e-cigarette imported into the United States, "manufacturer" 10 shall mean the importer or first domestic distributor of such product if 11 the entity that manufactures such product or whose brand name is affixed 12 to such product does not have a presence in the United States. 13 § 1701. Disclosure. 1. Manufacturers of vapor products or e-cigarettes 14 distributed, sold, or offered for sale in this state, whether at retail 15 or wholesale, shall furnish to the commissioner for public record and 16 post on such manufacturer's website, in a manner prescribed by the 17 commissioner that is readily accessible to the public and machine read- 18 able, information regarding such products pursuant to rules or regu- 19 lations which shall be promulgated by the commissioner. 20 (a) For each vapor product, the information posted pursuant to this 21 subdivision shall include, but shall not be limited to: 22 (i) a list naming each ingredient of such vapor product in descending 23 order of predominance by weight in such product, except that ingredients 24 present at a weight below one percent may be listed following other 25 ingredients without respect to the order of predominance by weight; 26 (ii) the nature and extent of investigations and research performed by 27 or for the manufacturer concerning the effects on human health of such 28 product or its ingredients; 29 (iii) where applicable, a statement disclosing that an ingredient of 30 such product is published as a chemical of concern on one or more lists 31 identified by the commissioner; and 32 (iv) for each ingredient published as a chemical of concern on one or 33 more lists identified by the commissioner, an evaluation of the avail- 34 ability of potential alternatives and potential hazards posed by such 35 alternatives. 36 (b) For each e-cigarette the information posted pursuant to this 37 subdivision shall include, but shall not be limited to: 38 (i) a list naming any toxic metal, including but not limited to lead, 39 manganese, nickel, chromium, or zinc, as a constituent of any heating 40 element included in such e-cigarette; 41 (ii) a list naming each byproduct that may be introduced into vapor 42 produced during the normal use of such e-cigarette; 43 (iii) the nature and extent of investigations and research performed 44 by or for the manufacturer concerning the effects on human health of 45 such product or such ingredients; 46 (iv) where applicable, a statement disclosing that an ingredient is 47 published as a chemical of concern on one or more lists identified by 48 the commissioner; and 49 (v) for each constituent of any heating element identified as a toxic 50 metal and ingredient published as a chemical of concern on one or more 51 lists identified by the commissioner, an evaluation of the availability 52 of potential alternatives and potential hazards posed by such alterna- 53 tives. 54 2. Manufacturers shall furnish the information required to be posted 55 pursuant to subdivision one of this section on or before January first, 56 two thousand twenty-one, and every two years thereafter. In addition,S. 7506--B 200 A. 9506--B 1 such manufacturers shall furnish such information prior to the sale of 2 any new vapor product or e-cigarette, when the formulation of a current- 3 ly disclosed product is changed such that the predominance of the ingre- 4 dients in such product is changed, when any list of chemicals of concern 5 identified by the commissioner pursuant to this article is changed to 6 include an ingredient present in a vapor product or e-cigarette subject 7 to this article, or at such other times as may be required by the 8 commissioner. 9 3. The information required to be posted pursuant to subdivision one 10 of this section shall be made available to the public by the commission- 11 er and manufacturers, in accordance with this section, with the excep- 12 tion of those portions which a manufacturer determines, subject to the 13 approval of the commissioner, are related to a proprietary process the 14 disclosure of which would compromise such manufacturer's competitive 15 position. The commissioner shall not approve any exceptions under this 16 subdivision with respect to any ingredient published as a chemical of 17 concern on one or more lists identified by the commissioner. 18 § 1702. Penalties. Notwithstanding any other provision of this chap- 19 ter, any manufacturer who violates any of the provisions of, or who 20 fails to perform any duty imposed by, this article or any rule or regu- 21 lation promulgated thereunder, shall be liable, in the case of a first 22 violation, for a civil penalty not to exceed five thousand dollars. In 23 the case of a second or any subsequent violation, the liability shall be 24 for a civil penalty not to exceed ten thousand dollars for each such 25 violation. 26 § 6. Subdivision 2 and paragraphs (e) and (f) of subdivision 3 of 27 section 1399-ee of the public health law, as amended by chapter 162 of 28 the laws of 2002, are amended to read as follows: 29 2. If the enforcement officer determines after a hearing that a 30 violation of this article has occurred, he or she shall impose a civil 31 penalty of a minimum of three hundred dollars, but not to exceed one 32 thousand five hundred dollars for a first violation, and a minimum of 33 [five hundred] one thousand dollars, but not to exceed [one] two thou- 34 sand five hundred dollars for each subsequent violation, unless a 35 different penalty is otherwise provided in this article. The enforcement 36 officer shall advise the retail dealer that upon the accumulation of 37 three or more points pursuant to this section the department of taxation 38 and finance shall suspend the dealer's registration. If the enforcement 39 officer determines after a hearing that a retail dealer was selling 40 tobacco products while their registration was suspended or permanently 41 revoked pursuant to subdivision three or four of this section, he or she 42 shall impose a civil penalty of twenty-five hundred dollars. 43 (e) Suspension. If the department determines that a retail dealer has 44 accumulated three points or more, the department shall direct the 45 commissioner of taxation and finance to suspend such dealer's registra- 46 tion for [six months] one year. The three points serving as the basis 47 for a suspension shall be erased upon the completion of the [six month] 48 one year penalty. 49 (f) Surcharge. A two hundred fifty dollar surcharge to be assessed for 50 every violation will be made available to enforcement officers and shall 51 be used solely for compliance checks to be conducted to determine 52 compliance with this section. 53 § 7. Paragraph 1 of subdivision h of section 1607 of the tax law, as 54 amended by chapter 162 of the laws of 2002, is amended to read as 55 follows:S. 7506--B 201 A. 9506--B 1 1. A license shall be suspended for a period of [six months] one year 2 upon notification to the division by the commissioner of health of a 3 lottery sales agent's accumulation of three or more points pursuant to 4 subdivision three of section thirteen hundred ninety-nine-ee of the 5 public health law. 6 § 8. Section 1399-hh of the public health law, as added by chapter 433 7 of the laws of 1997, is amended to read as follows: 8 § 1399-hh. Tobacco and vapor product enforcement. The commissioner 9 shall develop, plan and implement a comprehensive program to reduce the 10 prevalence of tobacco use, and vapor product, intended or reasonably 11 expected to be used with or for the consumption of nicotine, use partic- 12 ularly among persons less than [eighteen] twenty-one years of age. This 13 program shall include, but not be limited to, support for enforcement of 14 this article [thirteen-F of this chapter]. 15 1. An enforcement officer, as defined in section thirteen hundred 16 ninety-nine-t of this chapter, may annually, on such dates as shall be 17 fixed by the commissioner, submit an application for such monies as are 18 made available for such purpose. Such application shall be in such form 19 as prescribed by the commissioner and shall include, but not be limited 20 to, plans regarding random spot checks, including the number and types 21 of compliance checks that will be conducted, and other activities to 22 determine compliance with this article. Each such plan shall include an 23 agreement to report to the commissioner: the names and addresses of 24 tobacco retailers and vendors and vapor products dealers determined to 25 be unlicensed, if any; the number of complaints filed against licensed 26 tobacco retail outlets and vapor products dealers; and the names of 27 tobacco retailers and vendors and vapor products dealers who have paid 28 fines, or have been otherwise penalized, due to enforcement actions. 29 2. The commissioner shall distribute such monies as are made avail- 30 able for such purpose to enforcement officers and, in so doing, consider 31 the number of licensed vapor products dealers and retail locations 32 registered to sell tobacco products within the jurisdiction of the 33 enforcement officer and the level of proposed activities. 34 3. Monies made available to enforcement officers pursuant to this 35 section shall only be used for local tobacco and vapor product, intended 36 or reasonably expected to be used with or for the consumption of nico- 37 tine, enforcement activities approved by the commissioner. 38 § 9. Section 1399-jj of the public health law, as amended by chapter 1 39 of the laws of 1999, is amended to read as follows: 40 § 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate 41 the effectiveness of the efforts by state and local governments to 42 reduce the use of tobacco products and vapor products, intended or 43 reasonably expected to be used with or for the consumption of nicotine, 44 among minors and adults. The principal measurements of effectiveness 45 shall include negative attitudes toward tobacco and vapor products, 46 intended or reasonably expected to be used with or for the consumption 47 of nicotine, use and reduction of tobacco and vapor products, intended 48 or reasonably expected to be used with or for the consumption of nico- 49 tine, use among the general population, and given target populations. 50 2. The commissioner shall ensure that, to the extent practicable, the 51 most current research findings regarding mechanisms to reduce and change 52 attitudes toward tobacco and vapor products, intended or reasonably 53 expected to be used with or for the consumption of nicotine, use are 54 used in tobacco and vapor product, intended or reasonably expected to be 55 used with or for the consumption of nicotine, education programs admin- 56 istered by the department.S. 7506--B 202 A. 9506--B 1 3. To diminish tobacco and vapor product, intended or reasonably 2 expected to be used with or for the consumption of nicotine, use among 3 minors and adults, the commissioner shall ensure that, to the extent 4 practicable, the following is achieved: 5 The department shall conduct an independent evaluation of the state- 6 wide tobacco use prevention and control program under section thirteen 7 hundred ninety-nine-ii of this article. The purpose of this evaluation 8 is to direct the most efficient allocation of state resources devoted to 9 tobacco and vapor product, intended or reasonably expected to be used 10 with or for the consumption of nicotine, education and cessation to 11 accomplish the maximum prevention and reduction of tobacco and vapor 12 product, intended or reasonably expected to be used with or for the 13 consumption of nicotine, use among minors and adults. Such evaluation 14 shall be provided to the governor, the majority leader of the senate and 15 the speaker of the assembly on or before September first, two thousand 16 one, and annually on or before such date thereafter. The comprehensive 17 evaluation design shall be guided by the following: 18 (a) sound evaluation principles including, to the extent feasible, 19 elements of controlled experimental methods; 20 (b) an evaluation of the comparative effectiveness of individual 21 program designs which shall be used in funding decisions and program 22 modifications; and 23 (c) an evaluation of other programs identified by state agencies, 24 local lead agencies, and federal agencies. 25 § 10. Section 1399-kk of the public health law, as added by chapter 26 433 of the laws of 1997, is amended to read as follows: 27 § 1399-kk. Annual tobacco and vapor product enforcement reporting. 28 The commissioner shall submit to the governor and the legislature an 29 interim tobacco control report and annual tobacco control reports which 30 shall describe the extent of the use of tobacco products and vapor 31 products, intended or reasonably expected to be used with or for the 32 consumption of nicotine, by [minors] those under twenty-one years of age 33 in the state and document the progress state and local governments have 34 made in reducing such use among [minors] those under twenty-one years of 35 age. 36 1. The interim tobacco control report. The commissioner shall submit 37 to the governor and the legislature an interim tobacco control report on 38 or before September first, nineteen hundred ninety-eight. Such interim 39 report shall, to the extent practicable, include the following informa- 40 tion on a county by county basis: 41 (a) number of licensed and registered tobacco retailers and vendors; 42 (b) the names and addresses of retailers and vendors who have paid 43 fines, or have been otherwise penalized, due to enforcement actions; 44 (c) the number of complaints filed against licensed and registered 45 tobacco retailers; 46 (d) the number of fires caused or believed to be caused by tobacco 47 products and deaths and injuries resulting therefrom; 48 (e) the number and type of compliance checks conducted; and 49 (f) such other information as the commissioner deems appropriate. 50 2. The commissioner shall submit to the governor and the legislature 51 an annual tobacco and vapor products, intended or reasonably expected to 52 be used with or for the consumption of nicotine, control report which 53 shall describe the extent of the use of tobacco products and vapor 54 products, intended or reasonably expected to be used with or for the 55 consumption of nicotine, by [minors] those under twenty-one years of age 56 in the state and document the progress state and local governments haveS. 7506--B 203 A. 9506--B 1 made in reducing such use among [minors] those under twenty-one years of 2 age. The annual report shall be submitted to the governor and the 3 legislature on or before March thirty-first of each year beginning on 4 March thirty-first, nineteen hundred ninety-nine. The annual report 5 shall, to the extent practicable, include the following information on a 6 county by county basis: 7 (a) number of licensed and registered tobacco retailers and vendors 8 and licensed vapor products dealers; 9 (b) the names and addresses of retailers and vendors who have paid 10 fines, or have been otherwise penalized, due to enforcement actions; 11 (c) the number of complaints filed against licensed and registered 12 tobacco retailers and licensed vapor products dealers; 13 (d) the number of fires caused or believed to be caused by tobacco 14 products and vapor products, intended or reasonably expected to be used 15 with or for the consumption of nicotine, and deaths and injuries result- 16 ing therefrom; 17 (e) the number and type of compliance checks conducted; 18 (f) a survey of attitudes and behaviors regarding tobacco use among 19 [minors] those under twenty-one years of age. The initial such survey 20 shall be deemed to constitute the baseline survey; 21 (g) the number of tobacco and vapor product, intended or reasonably 22 expected to be used with or for the consumption of nicotine, users and 23 estimated trends in tobacco and vapor product, intended or reasonably 24 expected to be used with or for the consumption of nicotine, use among 25 [minors] those under twenty-one years of age; 26 (h) annual tobacco and vapor product, intended or reasonably expected 27 to be used with or for the consumption of nicotine, sales; 28 (i) tax revenue collected from the sale of tobacco products and vapor 29 products, intended or reasonably expected to be used with or for the 30 consumption of nicotine; 31 (j) the number of licensed tobacco retail outlets and licensed vapor 32 products dealers; 33 (k) the number of cigarette vending machines; 34 (l) the number and type of compliance checks; 35 (m) the names of entities that have paid fines due to enforcement 36 actions; and 37 (n) the number of complaints filed against licensed tobacco retail 38 outlets and licensed vapor products dealers. 39 The annual tobacco and vapor product, intended or reasonably expected 40 to be used with or for the consumption of nicotine, control report 41 shall, to the extent practicable, include the following information: (a) 42 tobacco and vapor product, intended or reasonably expected to be used 43 with or for the consumption of nicotine, control efforts sponsored by 44 state government agencies including money spent to educate [minors] 45 those under twenty-one years of age on the hazards of tobacco and vapor 46 product, intended or reasonably expected to be used with or for the 47 consumption of nicotine, use; 48 (b) recommendations for improving tobacco and vapor product, intended 49 or reasonably expected to be used with or for the consumption of nico- 50 tine, control efforts in the state; and 51 (c) such other information as the commissioner deems appropriate. 52 § 11. The public health law is amended by adding a new section 53 1399-ii-1 to read as follows: 54 § 1399-ii-1. Electronic cigarette and vaping prevention, awareness and 55 control program. The commissioner shall, in consultation and collab- 56 oration with the commissioner of education, establish and develop anS. 7506--B 204 A. 9506--B 1 electronic cigarette and vaping prevention, control and awareness 2 program within the department. Such program shall be designed to educate 3 students, parents and school personnel about the health risks associated 4 with vapor product use and control measures to reduce the prevalence of 5 vaping, particularly among persons less than twenty-one years of age. 6 Such program shall include, but not be limited to, the creation of age- 7 appropriate instructional tools and materials that may be used by all 8 schools, and marketing and advertising materials to discourage electron- 9 ic cigarette use. 10 § 12. Section 1399-ii of the public health law, as amended by chapter 11 256 of the laws of 2019, is amended to read as follows: 12 § 1399-ii. Tobacco and vapor product use prevention and control 13 program. 1. To improve the health, quality of life, and economic well- 14 being of all New York state citizens, there is hereby established within 15 the department a comprehensive statewide tobacco and vapor product use 16 prevention and control program. 17 2. The department shall support tobacco and vapor product use 18 prevention and control activities including, but not limited to: 19 (a) Community programs to prevent and reduce tobacco use through local 20 involvement and partnerships; 21 (b) School-based programs to prevent and reduce tobacco use and use of 22 [electronic cigarettes] vapor products; 23 (c) Marketing and advertising to discourage tobacco, vapor product and 24 liquid nicotine use; 25 (d) [Tobacco] Nicotine cessation programs for youth and adults; 26 (e) Special projects to reduce the disparities in smoking prevalence 27 among various populations; 28 (f) Restriction of youth access to tobacco products[, electronic ciga-29rettes] and [liquid nicotine] vapor products; 30 (g) Surveillance of smoking and vaping rates; and 31 (h) Any other activities determined by the commissioner to be neces- 32 sary to implement the provisions of this section. 33 Such programs shall be selected by the commissioner through an appli- 34 cation process which takes into account whether a program utilizes meth- 35 ods recognized as effective in reducing [smoking and tobacco] nicotine 36 use. Eligible applicants may include, but not be limited to, a health 37 care provider, schools, a college or university, a local public health 38 department, a public health organization, a health care provider organ- 39 ization, association or society, municipal corporation, or a profes- 40 sional education organization. 41 3. (a) There shall be established a tobacco use prevention and control 42 advisory board to advise the commissioner on tobacco use prevention and 43 control issues and [electronic cigarette and liquid nicotine] vapor 44 product use amongst [minors] persons less than twenty-one years of age, 45 including methods to prevent and reduce tobacco use in the state. 46 (b) The board shall consist of seventeen members who shall be 47 appointed as follows: nine members by the governor; three members by the 48 speaker of the assembly; three members by the temporary president of the 49 senate and one member each by the minority leader of the senate and 50 minority leader of the assembly. Any vacancy or subsequent appointment 51 shall be filled in the same manner and by the same appointing authority 52 as the original appointment. The chairperson of the board shall be 53 designated by the governor from among the members of the board. 54 (c) The members shall serve for terms of two years commencing on the 55 effective date of this section. Members of the board shall receive noS. 7506--B 205 A. 9506--B 1 compensation but shall be reimbursed for reasonable travel and other 2 expenses incurred in the performance of their duties hereunder. 3 (d) The board shall meet as often as it deems necessary, but no less 4 than four times a year. No nominee to the board shall have any past or 5 current affiliation with the tobacco industry, vapor products industry 6 or any industry, contractor, agent, or organization that engages in the 7 manufacturing, marketing, distributing, or sale of tobacco products. The 8 board shall be appointed in full within ninety days of the effective 9 date of this section. 10 (e) The department shall prepare and submit to the board a spending 11 plan for the tobacco and vapor product use prevention and control 12 program authorized pursuant to the provisions of subdivision one of this 13 section no later than thirty days after the submission of the budget to 14 the legislature. 15 § 13. The public health law is amended by adding a new section 16 1399-dd-1 to read as follows: 17 § 1399-dd-1. Public display of tobacco product and electronic ciga- 18 rette advertisements and smoking paraphernalia prohibited. 1. For 19 purposes of this section: 20 (a) "Advertisement" means words, pictures, photographs, symbols, 21 graphics or visual images of any kind, or any combination thereof, which 22 bear a health warning required by federal statute, the purpose or effect 23 of which is to identify a brand of a tobacco product, electronic ciga- 24 rette, or vapor product intended or reasonably expected to be used with 25 or for the consumption of nicotine, a trademark of a tobacco product, 26 electronic cigarette, or vapor product intended or reasonably expected 27 to be used with or for the consumption of nicotine or a trade name asso- 28 ciated exclusively with a tobacco product, electronic cigarette, or 29 vapor product intended or reasonably expected to be used with or for the 30 consumption of nicotine or to promote the use or sale of a tobacco prod- 31 uct, electronic cigarette, or vapor product intended or reasonably 32 expected to be used with or for the consumption of nicotine. 33 (b) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll- 34 ing papers, electronic cigarette, vaporizer or any other device, equip- 35 ment or apparatus designed for the inhalation of tobacco or nicotine. 36 (c) "Vapor product" means any vapor product, as defined by section 37 thirteen hundred ninety-nine-aa of this article, intended or reasonably 38 expected to be used with or for the consumption of nicotine. 39 (d) "Tobacco products" shall have the same meaning as in subdivision 40 five of section thirteen hundred ninety-nine-aa of this article. 41 (e) "Electronic cigarette" shall have the same meaning as in subdivi- 42 sion thirteen of section thirteen hundred ninety-nine-aa of this arti- 43 cle. 44 2. (a) No person, corporation, partnership, sole proprietor, limited 45 partnership, association or any other business entity may place, cause 46 to be placed, maintain or to cause to be maintained, smoking parapher- 47 nalia or tobacco product, electronic cigarette, or vapor product 48 intended or reasonably expected to be used with or for the consumption 49 of nicotine advertisements in a store front or exterior window or any 50 door which is used for entry or egress by the public to the building or 51 structure containing a place of business within one thousand five 52 hundred feet of a school, provided that within New York city such prohi- 53 bitions shall only apply within five hundred feet of a school. 54 (b) Any person, corporation, partnership, sole proprietor, limited 55 partnership, association or any other business entity in violation of 56 this section shall be subject to a civil penalty of not more than fiveS. 7506--B 206 A. 9506--B 1 hundred dollars for a first violation and not more than one thousand 2 dollars for a second or subsequent violation. 3 § 14. The general business law is amended by adding a new section 4 396-aaa to read as follows: 5 § 396-aaa. Public display of tobacco and electronic cigarette adver- 6 tisements and smoking paraphernalia prohibited. 1. For purposes of this 7 section: 8 (a) "Advertisement" means words, pictures, photographs, symbols, 9 graphics or visual images of any kind, or any combination thereof, which 10 bear a health warning required by federal statute, the purpose or effect 11 of which is to identify a brand of a tobacco product, electronic ciga- 12 rette, or vapor product intended or reasonably expected to be used with 13 or for the consumption of nicotine, a trademark of a tobacco product, 14 electronic cigarette, or vapor product intended or reasonably expected 15 to be used with or for the consumption of nicotine or a trade name asso- 16 ciated exclusively with a tobacco product, electronic cigarette, or 17 vapor product intended or reasonably expected to be used with or for the 18 consumption of nicotine, or to promote the use or sale of a tobacco 19 product, electronic cigarette, or vapor product intended or reasonably 20 expected to be used with or for the consumption of nicotine. 21 (b) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll- 22 ing papers, electronic cigarette, vaporizer or any other device, equip- 23 ment or apparatus designed for the inhalation of tobacco or nicotine. 24 (c) "Vapor product" means any vapor product, as defined by section 25 thirteen hundred ninety-nine-aa of the public health law, intended or 26 reasonably expected to be used with or for the consumption of nicotine. 27 (d) "Tobacco products" shall have the same meaning as in subdivision 28 five of section thirteen hundred ninety-nine-aa of the public health 29 law. 30 (e) "Electronic cigarette" shall have the same meaning as in subdivi- 31 sion thirteen of section thirteen hundred ninety-nine-aa of the public 32 health law. 33 2. (a) No person, corporation, partnership, sole proprietor, limited 34 partnership, association or any other business entity may place, cause 35 to be placed, maintain or to cause to be maintained, smoking parapher- 36 nalia or tobacco product, electronic cigarette, or vapor product 37 intended or reasonably expected to be used with or for the consumption 38 of nicotine, advertisements in a store front or any exterior window or 39 any door which is used for entry or egress by the public to the building 40 or structure containing a place of business within one thousand five 41 hundred feet of a school, provided that within New York city such prohi- 42 bitions shall only apply within five hundred feet of a school. 43 (b) Any person, corporation, partnership, sole proprietor, limited 44 partnership, association or any other business entity in violation of 45 this section shall be subject to a civil penalty of not more than five 46 hundred dollars for a first violation and not more than one thousand 47 dollars for a second or subsequent violation. 48 § 15. If any clause, sentence, paragraph, subdivision, or section of 49 this part shall be adjudged by any court of competent jurisdiction to be 50 invalid, such judgment shall not affect, impair, or invalidate the 51 remainder thereof, but shall be confined in its operation to the clause, 52 sentence, paragraph, subdivision, or section thereof directly involved 53 in the controversy in which such judgment shall have been rendered. It 54 is hereby declared to be the intent of the legislature that this act 55 would have been enacted even if such invalid provisions had not been 56 included herein.S. 7506--B 207 A. 9506--B 1 § 16. This act shall take effect July 1, 2020; provided, however, that 2 section one of this act shall take effect on the forty-fifth day after 3 it shall have become a law. Effective immediately, the addition, amend- 4 ment and/or repeal of any rule or regulation necessary for the implemen- 5 tation of this act on its effective date are authorized to be made and 6 completed on or before such effective date. 7 PART FF 8 Section 1. Subdivision 1 of section 356 of the public health law, as 9 amended by chapter 163 of the laws of 1975, is amended to read as 10 follows: 11 1. The legislative body of each county having a population of less 12 than one hundred fifty thousand according to the nineteen hundred seven- 13 ty federal decennial census or the legislative body of any county whose 14 population shall be less than one hundred fifty thousand under any 15 future federal decennial census, except a county in which a county or 16 part-county health district has been established under this article or a 17 county having a county charter, optional or alternative form of govern- 18 ment, shall constitute the board of health of such county and shall have 19 all the powers and duties of a board of health of a county or part-coun- 20 ty health district including the power to appoint a full-time or part- 21 time county health director. The county health director may serve as 22 director of the [physically handicapped children's] children and youth 23 with special health care needs support services program and may employ 24 such persons as shall be necessary to enable [him] the county health 25 director to carry into effect the orders and regulations of the board of 26 health and the provisions of this chapter and of the sanitary code, and 27 fix their compensation within the limits of the appropriation therefor. 28 The members of a [legsiative] legislative body shall not receive addi- 29 tional compensation by reason of serving as members of a board of 30 health. The county health director, so appointed, shall have all the 31 powers and duties prescribed in section three hundred fifty-two of this 32 [article] title. 33 § 2. The section heading and subdivisions 1 and 2 of section 608 of 34 the public health law, as added by chapter 901 of the laws of 1986, are 35 amended to read as follows: 36 State aid; [physically handicapped children] children and youth with 37 special health care needs support services. 1. Whenever the commission- 38 er of health of any county or part-county health district or, in a coun- 39 ty lacking a county or part-county health district, the medical director 40 of the [physically handicapped children's] children and youth with 41 special health care needs support services program, or the department of 42 health of the city of New York, issues an authorization for medical 43 service for a [physically handicapped] child with physical disabilities, 44 such county or the city of New York shall be granted state aid in an 45 amount of fifty per centum of the amount expended in accordance with the 46 rules and regulations established by the commissioner, except that such 47 state aid reimbursement may be withheld if, on post-audit and review, 48 the commissioner finds that the medical service rendered and furnished 49 was not in conformance with a plan submitted by the municipality and 50 with the rules and regulations established by the commissioner or that 51 the recipient of the medical service was not a [physically handicapped] 52 child with a physical disability as defined in section two thousand five 53 hundred eighty-one of this chapter.S. 7506--B 208 A. 9506--B 1 2. Whenever a court of any county issues an order for medical services 2 for any [physically handicapped] Indian child with a physical 3 disability, residing on an Indian reservation, such county shall be 4 granted state aid in the amount of one hundred percent of the amount 5 expended in accordance with the standards established by the commission- 6 er. Such reimbursement shall be made from any funds appropriated to the 7 department for payment of state aid for [care of physically handicapped] 8 children with physical disabilities. 9 § 3. Subdivision 10 of section 2511 of the public health law, as 10 amended by chapter 2 of the laws of 1998, is amended to read as follows: 11 10. Notwithstanding any other law or agreement to the contrary, and 12 except in the case of a child or children who also becomes eligible for 13 medical assistance, benefits under this title shall be considered 14 secondary to any other plan of insurance or benefit program, except the 15 [physically handicapped children's] children and youth with special 16 health care needs support services program and the early intervention 17 program, under which an eligible child may have coverage. 18 § 4. This act shall take effect immediately. 19 PART GG 20 Section 1. Paragraph (e) of subdivision 7 of section 367-a of the 21 social services law, as amended by section 5-a of part T of chapter 57 22 of the laws of 2018, is amended to read as follows: 23 (e) During the period from April first, two thousand fifteen through 24 March thirty-first, two thousand [twenty] twenty-three, the commissioner 25 may, in lieu of a managed care provider or pharmacy benefit manager, 26 negotiate directly and enter into an [agreement] arrangement with a 27 pharmaceutical manufacturer for the provision of supplemental rebates 28 relating to pharmaceutical utilization by enrollees of managed care 29 providers pursuant to section three hundred sixty-four-j of this title 30 and may also negotiate directly and enter into such an agreement relat- 31 ing to pharmaceutical utilization by medical assistance recipients not 32 so enrolled. Such [rebates] rebate arrangements shall be limited to 33 [drug utilization in] the following [classes]: antiretrovirals approved 34 by the FDA for the treatment of HIV/AIDS [and], opioid dependence agents 35 and opioid antagonists listed in a statewide formulary established 36 pursuant to subparagraph (vii) of this paragraph, hepatitis C agents, 37 high cost drugs as provided for in subparagraph (viii) of this para- 38 graph, gene therapies as provided for in subparagraph (ix) of this para- 39 graph, and any other class or drug designated by the commissioner for 40 which the pharmaceutical manufacturer has in effect a rebate [agreement] 41 arrangement with the federal secretary of health and human services 42 pursuant to 42 U.S.C. § 1396r-8, and for which the state has established 43 standard clinical criteria. No agreement entered into pursuant to this 44 paragraph shall have an initial term or be extended beyond the expira- 45 tion or repeal of this paragraph. 46 (i) The manufacturer shall not [pay supplemental rebates to] enter 47 into any rebate arrangements with a managed care provider, or any of a 48 managed care provider's agents, including but not limited to any pharma- 49 cy benefit manager on the [two] gene therapy, drug, or drug classes [of50drugs] subject to this paragraph when the state [is collecting supple-51mental rebates] has a rebate arrangement in place and standard clinical 52 criteria are imposed on the managed care provider. 53 (ii) The commissioner shall establish adequate rates of reimbursement 54 which shall take into account both the impact of the commissioner nego-S. 7506--B 209 A. 9506--B 1 tiating such [rebates] arrangements and any limitations imposed on the 2 managed care provider's ability to establish clinical criteria relating 3 to the utilization of such drugs. In developing the managed care provid- 4 er's reimbursement rate, the commissioner shall identify the amount of 5 reimbursement for such drugs as a separate and distinct component from 6 the reimbursement otherwise made for prescription drugs as prescribed by 7 this section. 8 (iii) The commissioner shall submit a report to the temporary presi- 9 dent of the senate and the speaker of the assembly annually by December 10 thirty-first. The report shall analyze the adequacy of rates to managed 11 care providers for drug expenditures related to the classes under this 12 paragraph. 13 (iv) Nothing in this paragraph shall be construed to require a pharma- 14 ceutical manufacturer to enter into a [supplemental rebate agreement15with the commissioner] rebate arrangement satisfactory to the commis- 16 sioner relating to pharmaceutical utilization by enrollees of managed 17 care providers pursuant to section three hundred sixty-four-j of this 18 title or relating to pharmaceutical utilization by medical assistance 19 recipients not so enrolled. 20 (v) All clinical criteria, including requirements for prior approval, 21 and all utilization review determinations established by the state as 22 described in this paragraph for [either of] the [drug] gene therapies, 23 drugs, or drug classes subject to this paragraph shall be developed 24 using evidence-based and peer-reviewed clinical review criteria in 25 accordance with article two-A of the public health law, as applicable. 26 (vi) All prior authorization and utilization review determinations 27 related to the coverage of any drug subject to this paragraph shall be 28 subject to article forty-nine of the public health law, section three 29 hundred sixty-four-j of this title, and article forty-nine of the insur- 30 ance law, as applicable. Nothing in this paragraph shall diminish any 31 rights relating to access, prior authorization, or appeal relating to 32 any drug class or drug afforded to a recipient under any other provision 33 of law. 34 (vii) The department shall publish a statewide formulary of opioid 35 dependence agents and opioid antagonists, which shall include as 36 "preferred drugs" all drugs in such classes, which shall include all 37 subclasses of a given drug that have a different pharmacological route 38 of administration, provided that: 39 (A) for all drugs that are included as of the date of the enactment of 40 this subparagraph on a formulary of a managed care provider, as defined 41 in section three hundred sixty-four-j of this title, or in the Medicaid 42 fee-for-service preferred drug program pursuant to section two hundred 43 seventy-two of the public health law, the cost to the department for 44 such drug is equal to or less than the lowest cost paid for the drug by 45 any managed care provider or by the Medicaid fee-for-service program 46 after the application of any rebates, as of the date that the department 47 implements the statewide formulary established by this subparagraph. 48 Where there is a generic version of the drug approved by the Food and 49 Drug Administration as bioequivalent to a brand name drug pursuant to 21 50 U.S.C. § 355(j)(8)(B), the cost to the department for the brand and 51 generic versions shall be equal to or less than the lower of the two 52 maximum costs determined pursuant to the previous sentence; and 53 (B) for all drugs that are not included as of the date of the enact- 54 ment of this subparagraph on a formulary of a managed care provider, as 55 defined in section three hundred sixty-four-j of this title, or in the 56 Medicaid fee-for-service preferred drug program pursuant to section twoS. 7506--B 210 A. 9506--B 1 hundred seventy-two of the public health law, the department is able to 2 obtain the drug at a cost that is equal to or less than the lowest cost 3 to the department of other comparable drugs in the class, after the 4 application of any rebates. Where there is a generic version of the drug 5 approved by the Food and Drug Administration as bioequivalent to a brand 6 name drug pursuant to 21 U.S.C. § 355(j)(8)(B), the cost to the depart- 7 ment for the brand and generic versions shall be equal to or less than 8 the lower of the two maximum costs determined pursuant to the previous 9 sentence. 10 (viii) The commissioner may identify and refer high cost drugs, as 11 defined in clause (D) of this subparagraph, that are not included as of 12 the date of the enactment of this subparagraph on a formulary of a 13 managed care provider or covered by the Medicaid fee for service of 14 program to the drug utilization review board established by section 15 three hundred sixty-nine-bb of this article for a recommendation as to 16 whether a target supplemental Medicaid rebate should be paid by the 17 manufacturer of the drug to the department and the target amount of the 18 rebate. 19 (A) If the commissioner intends to refer a high cost drug to the drug 20 utilization review board pursuant to this subparagraph, the commissioner 21 shall notify the manufacturer of such drug and shall attempt to reach 22 agreement with the manufacturer on a rebate arrangement satisfactory to 23 the commissioner for the drug prior to referring the drug to the drug 24 utilization review board for review. Such arrangement may be based on 25 evidence based research, including, but not limited to, such research 26 operated or conducted by or for other state governments, the federal 27 government, the governments of other nations, and third party payers or 28 multi-state coalitions, provided however that the department shall 29 account for the effectiveness of the drug in treating the conditions for 30 which it is prescribed or in improving a patient's health, quality of 31 life, or overall health outcomes, and the likelihood that use of the 32 drug will reduce the need for other medical care, including hospitaliza- 33 tion. 34 (B) In the event that the commissioner and the manufacturer have 35 previously agreed to a rebate arrangement for a drug pursuant to this 36 paragraph, the drug shall not be referred to the drug utilization review 37 board for any further rebate agreement for the duration of the previous 38 rebate agreement, provided however, the commissioner may refer a drug to 39 the drug utilization review board if the commissioner determines there 40 are significant and substantiated utilization or market changes, new 41 evidence-based research, or statutory or federal regulatory changes that 42 warrant additional rebates. In such cases, the department shall notify 43 the manufacturer and provide evidence of the changes or research that 44 would warrant additional rebates, and shall attempt to reach agreement 45 with the manufacturer on a rebate for the drug prior to referring the 46 drug to the drug utilization review board for review. 47 (C) If the commissioner is unsuccessful in entering into a rebate 48 arrangement with the manufacturer of the drug satisfactory to the 49 department, the drug manufacturer shall in that event be required to 50 provide to the department, on a standard reporting form developed by the 51 department, the information as described in subdivision six of section 52 two hundred eighty of the public health law. All information disclosed 53 pursuant to this clause shall be considered confidential and shall not 54 be disclosed by the department in a form that identifies a specific 55 manufacturer or prices charged for drugs by such manufacturer.S. 7506--B 211 A. 9506--B 1 (D) For the purposes of this subparagraph, the term "high cost drug" 2 shall mean a brand name drug or biologic that has a launch wholesale 3 acquisition cost of thirty thousand dollars or more per year or course 4 of treatment, or a biosimilar drug that has a launch wholesale acquisi- 5 tion cost that is not at least fifteen percent lower than the referenced 6 brand biologic at the time the biosimilar is launched, or a generic drug 7 that has a wholesale acquisition cost of one hundred dollars or more for 8 a thirty day supply or recommended dosage approved for labeling by the 9 federal Food and Drug Administration, or a brand name drug or biologic 10 that has a wholesale acquisition cost increase of three thousand dollars 11 or more in any twelve-month period, or course of treatment if less than 12 twelve months. 13 (ix) For purposes of this paragraph, a "gene therapy" is a drug (A) 14 approved under section 505 of the Federal Food, Drug and Cosmetics Act 15 or licensed under subsection (a) or (k) of section 351 of the Public 16 Health Services Act; (B) that treats a rare disease or condition, as 17 defined in 21 USC § 360bb(a)(2), that is life-threatening, as defined in 18 42 CFR 321.18; (C) is considered a gene therapy by the federal Food and 19 Drug Administration for which a biologics license pursuant to 21 CFR 20 600-680 is held; (D) if administered in accordance with the labeling of 21 such drug, is expected to result in either the cure of such disease or 22 condition or a reduction in the symptoms of such disease or condition 23 that materially improves the patient's length or quality of life; and 24 (E) is expected to achieve the result described in clause (D) of this 25 subparagraph after not more than three administrations. 26 § 2. Paragraph (a) of subdivision 3 of section 273 of the public 27 health law, as added by section 10 of part C of chapter 58 of the laws 28 of 2005, is amended and a new paragraph (a-1) is added to read as 29 follows: 30 (a) When a patient's health care provider prescribes a prescription 31 drug that is not on the preferred drug list or the statewide formulary 32 of opioid dependence agents and opioid antagonists established pursuant 33 to subparagraph (vii) of paragraph (e) of subdivision seven of section 34 three hundred sixty-seven-a of the social services law, the prescriber 35 shall consult with the program to confirm that in his or her reasonable 36 professional judgment, the patient's clinical condition is consistent 37 with the criteria for approval of the non-preferred drug. Such criteria 38 shall include: 39 (i) the preferred drug has been tried by the patient and has failed to 40 produce the desired health outcomes; 41 (ii) the patient has tried the preferred drug and has experienced 42 unacceptable side effects; 43 (iii) the patient has been stabilized on a non-preferred drug and 44 transition to the preferred drug would be medically contraindicated; or 45 (iv) other clinical indications identified by the [committee for the46patient's use of the non-preferred drug] drug utilization review board 47 established pursuant to section three hundred sixty-nine-bb of the 48 social services law, which shall include consideration of the medical 49 needs of special populations, including children, elderly, chronically 50 ill, persons with mental health conditions, and persons affected by 51 HIV/AIDS, pregnant persons, and persons with an opioid use disorder. 52 (a-1) When a patient's health care provider prescribes a prescription 53 drug that is on the statewide formulary of opioid dependence agents and 54 opioid antagonists established pursuant to subparagraph (vii) of para- 55 graph (e) of subdivision seven of section three hundred sixty-seven-a of 56 the social services law, the department shall not require prior authori-S. 7506--B 212 A. 9506--B 1 zation unless required by the department's drug use review program 2 established pursuant to section 1927(g) of the Social Security Act. 3 § 3. The opening paragraph of paragraph (a) of subdivision 6 of 4 section 280 of the public health law, as amended by section 8 of part D 5 of chapter 57 of the laws of 2018, is amended to read as follows: 6 If the drug utilization review board recommends a target rebate amount 7 or if the commissioner identifies a drug as a high cost drug pursuant to 8 subparagraph (vii) of paragraph (e) of subdivision 7 of section three 9 hundred sixty-seven-a of the social services law and the department is 10 unsuccessful in entering into a rebate [agreement] arrangement with the 11 manufacturer of the drug satisfactory to the department, the drug 12 manufacturer shall in that event be required to provide to the depart- 13 ment, on a standard reporting form developed by the department, the 14 following information: 15 § 4. Paragraph (a) of subdivision 7 of section 280 of the public 16 health law, as amended by section 8 of part B of chapter 57 of the laws 17 of 2019, is amended to read as follows: 18 (a) If, after taking into account all rebates and supplemental rebates 19 received by the department, including rebates received to date pursuant 20 to this section, total Medicaid drug expenditures are still projected to 21 exceed the annual growth limitation imposed by subdivision two of this 22 section, the commissioner may: subject any drug of a manufacturer 23 referred to the drug utilization review board under this section to 24 prior approval in accordance with existing processes and procedures when 25 such manufacturer has not entered into a supplemental rebate [agreement] 26 arrangement as required by this section; direct a managed care plan to 27 limit or reduce reimbursement for a drug provided by a medical practi- 28 tioner if the drug utilization review board recommends a target rebate 29 amount for such drug and the manufacturer has failed to enter into a 30 rebate arrangement required by this section; direct managed care plans 31 to remove from their Medicaid formularies [those] any drugs of a 32 manufacturer who has a drug that the drug utilization review board 33 recommends a target rebate amount for and the manufacturer has failed to 34 enter into a rebate [agreement] arrangement required by this section; 35 promote the use of cost effective and clinically appropriate drugs other 36 than those of a manufacturer who has a drug that the drug utilization 37 review board recommends a target rebate amount and the manufacturer has 38 failed to enter into a rebate [agreement] arrangement required by this 39 section; allow manufacturers to accelerate rebate payments under exist- 40 ing rebate contracts; and such other actions as authorized by law. The 41 commissioner shall provide written notice to the legislature thirty days 42 prior to taking action pursuant to this paragraph, unless action is 43 necessary in the fourth quarter of a fiscal year to prevent total Medi- 44 caid drug expenditures from exceeding the limitation imposed by subdivi- 45 sion two of this section, in which case such notice to the legislature 46 may be less than thirty days. 47 § 5. Section 364-j of the social services law is amended by adding a 48 new subdivision 38 to read as follows: 49 38. (a) When a patient's health care provider prescribes an opioid 50 dependence agent or opioid antagonist that is not on the statewide 51 formulary of opioid dependence agents and opioid antagonists, the pres- 52 criber shall consult with the managed care plan to confirm that in his 53 or her reasonable professional judgment, the patient's clinical condi- 54 tion is consistent with the criteria for approval of the non-preferred 55 or non-formulary drug. Such criteria shall include:S. 7506--B 213 A. 9506--B 1 (i) the preferred drug has been tried by the patient and has failed to 2 produce the desired health outcomes; 3 (ii) the patient has tried the preferred drug and has experienced 4 unacceptable side effects; 5 (iii) the patient has been stabilized on a non-preferred drug and 6 transition to the preferred or formulary drug would be medically 7 contraindicated; or 8 (iv) other clinical indications identified by the committee for the 9 patient's use of the non-preferred drug, which shall include consider- 10 ation of the medical needs of special populations, including children, 11 elderly, chronically ill, persons with mental health conditions, persons 12 affected by HIV/AIDS and pregnant persons with a substance use disorder. 13 (b) The managed care plan shall have a process for a patient, or the 14 patient's prescribing health care provider, to request a review for a 15 prescription drug that is not on the statewide formulary of opioid 16 dependence agents and opioid antagonists, consistent with 42 C.F.R. 17 438.210(d), or any successor regulation. 18 (c) A managed care plan's failure to comply with the requirements of 19 this subdivision shall be subject to a one thousand dollar fine per 20 violation. 21 § 6. Section 364-j of the social services law is amended by adding a 22 new subdivision 26-c to read as follows: 23 26-c. Managed care providers shall not require prior authorization for 24 methadone, when used for opioid use disorder and administered or 25 dispensed in an opioid treatment program. 26 § 7. Subdivision 10 of section 273 of the public health law, as added 27 by section 5 of part B of chapter 69 of the laws of 2016, is amended to 28 read as follows: 29 10. Prior authorization shall not be required for an initial or 30 renewal prescription for buprenorphine or injectable naltrexone for 31 detoxification or maintenance treatment of opioid addiction unless the 32 prescription is for a non-preferred or non-formulary form of such drug 33 as otherwise required by section 1927(k)(6) of the Social Security Act. 34 Further, prior authorization shall not be required for methadone, when 35 used for opioid use disorder and administered or dispensed in an opioid 36 treatment program. 37 § 8. Subdivision 1 of section 60 of part B of chapter 57 of the laws 38 of 2015, amending the social services law and other laws relating to 39 supplemental rebates, as amended by section 5-b of part T of chapter 57 40 of the laws of 2018, is amended to read as follows: 41 1. section one of this act shall expire and be deemed repealed March 42 31, [2023] 2026; 43 § 9. Subdivision (c) of section 62 of chapter 165 of the laws of 1991, 44 amending the public health law and other laws relating to establishing 45 payments for medical assistance, as amended by section 16 of part Z of 46 chapter 57 of the laws of 2018, is amended to read as follows: 47 (c) section 364-j of the social services law, as amended by section 48 eight of this act and subdivision 6 of section 367-a of the social 49 services law as added by section twelve of this act shall expire and be 50 deemed repealed on March 31, [2024] 2026 and provided further, that the 51 amendments to the provisions of section 364-j of the social services law 52 made by section eight of this act shall only apply to managed care 53 programs approved on or after the effective date of this act; 54 § 10. Section 11 of chapter 710 of the laws of 1988, amending the 55 social services law and the education law relating to medical assistance 56 eligibility of certain persons and providing for managed medical careS. 7506--B 214 A. 9506--B 1 demonstration programs, as amended by section 18 of part Z of chapter 57 2 of the laws of 2018, is amended to read as follows: 3 § 11. This act shall take effect immediately; except that the 4 provisions of sections one, two, three, four, eight and ten of this act 5 shall take effect on the ninetieth day after it shall have become a law; 6 and except that the provisions of sections five, six and seven of this 7 act shall take effect January 1, 1989; and except that effective imme- 8 diately, the addition, amendment and/or repeal of any rule or regulation 9 necessary for the implementation of this act on its effective date are 10 authorized and directed to be made and completed on or before such 11 effective date; provided, however, that the provisions of section 364-j 12 of the social services law, as added by section one of this act shall 13 expire and be deemed repealed on and after March 31, [2024] 2026, the 14 provisions of section 364-k of the social services law, as added by 15 section two of this act, except subdivision 10 of such section, shall 16 expire and be deemed repealed on and after January 1, 1994, and the 17 provisions of subdivision 10 of section 364-k of the social services 18 law, as added by section two of this act, shall expire and be deemed 19 repealed on January 1, 1995. 20 § 11. This act shall take effect immediately, provided however, that: 21 a. the amendments to paragraph (e) of subdivision 7 of section 367-a 22 of the social services law made by section one of this act shall not 23 affect the repeal of such paragraph and shall be deemed expired there- 24 with; 25 b. the provisions of section two of this act shall expire March 31, 26 2026, when upon such date the provisions of such section shall be deemed 27 repealed; 28 c. the amendments to section 364-j of the social services law made by 29 sections five and six of this act shall not affect the repeal of such 30 section and shall be deemed repealed therewith; 31 d. the statewide formulary of opioid dependence agents and opioid 32 antagonists authorized by this act shall be implemented within six 33 months after it shall have become a law; 34 e. Provided further, however, that the director of the budget may, in 35 consultation with the commissioner of health, delay the effective 36 dates prescribed herein for a period of time which shall not exceed 90 37 days following the conclusion or termination of an executive order 38 issued pursuant to section 28 of the executive law declaring a state 39 disaster emergency for the entire state of New York, upon such delay the 40 director of the budget shall notify the chairs of the assembly ways and 41 means committee and senate finance committee and the chairs of the 42 assembly and senate health committee; provided further, however, that 43 the director of the budget shall notify the legislative bill drafting 44 commission upon the occurrence of a delay in the effective date of this 45 act in order that the commission may maintain an accurate and timely 46 effective data base of the official text of the laws of the state of New 47 York in furtherance of effectuating the provisions of section 44 of the 48 legislative law and section 70-b of the public officers law. 49 PART HH 50 Section 1. Paragraphs (t), (v) and (w) of subdivision 2 of section 51 2999-cc of the public health law, paragraph (v) as added and paragraphs 52 (t) and (w) as amended by section 1 of subpart C of part S of chapter 57 53 of the laws of 2018, are amended and a new paragraph (x) is added to 54 read as follows:S. 7506--B 215 A. 9506--B 1 (t) credentialed alcoholism and substance abuse counselors creden- 2 tialed by the office of [alcoholism and substance abuse services] 3 addiction services and supports or by a credentialing entity approved by 4 such office pursuant to section 19.07 of the mental hygiene law; 5 (v) clinics licensed or certified under article sixteen of the mental 6 hygiene law and certified and non-certified day and residential programs 7 funded or operated by the office for people with developmental disabili- 8 ties; [and] 9 (w) a care manager employed by or under contract to a health home 10 program, patient centered medical home, office for people with develop- 11 mental disabilities Care Coordination Organization (CCO), hospice or a 12 voluntary foster care agency certified by the office of children and 13 family services certified and licensed pursuant to article twenty-nine-i 14 of this chapter; and 15 (x) any other provider as determined by the commissioner pursuant to 16 regulation or, in consultation with the commissioner, by the commission- 17 er of the office of mental health, the commissioner of the office of 18 [alcoholism and substance abuse services] addiction services and 19 supports, or the commissioner of the office for people with develop- 20 mental disabilities pursuant to regulation. 21 § 2. Subdivision 1 of section 2999-dd of the public health law, as 22 amended by section 4 of subpart C of part S of chapter 57 of the laws of 23 2018, is amended to read as follows: 24 1. Health care services delivered by means of telehealth shall be 25 entitled to reimbursement under section three hundred sixty-seven-u of 26 the social services law; provided however, reimbursement for additional 27 modalities, provider categories and originating sites specified in 28 accordance with section twenty-nine hundred ninety-nine-ee of this arti- 29 cle shall be contingent upon federal financial participation. 30 § 3. The public health law is amended by adding a new section 2999-ee 31 to read as follows: 32 § 2999-ee. Increased application of telehealth. In order to increase 33 the application of telehealth in behavioral health, oral health, mater- 34 nity care, care management, services provided in emergency departments, 35 and services provided to certain high-need populations to the extent 36 such services are deemed appropriate for the populations served, and 37 notwithstanding the definitions set forth in section twenty-nine hundred 38 ninety-nine-cc of this article, in consultation with the commissioner of 39 the office of children and family services, the commissioner of the 40 office of mental health, the commissioner of the office of addiction 41 services and supports, or the commissioner of the office for people with 42 developmental disabilities, as applicable, the commissioner may specify 43 in regulation additional acceptable modalities for the delivery of 44 health care services via telehealth, including but not limited to audi- 45 o-only telephone communications, online portals and survey applications, 46 and may specify additional categories of originating sites at which a 47 patient may be located at the time health care services are delivered to 48 the extent such additional modalities and originating sites are deemed 49 appropriate for the populations served. 50 § 4. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on or after April 1, 2020. Provided 52 further, however, that the director of the budget may, in consultation 53 with the commissioner of health, delay the effective dates prescribed 54 herein for a period of time which shall not exceed ninety days following 55 the conclusion or termination of an executive order issued pursuant to 56 section 28 of the executive law declaring a state disaster emergency forS. 7506--B 216 A. 9506--B 1 the entire state of New York, upon such delay the director of the budget 2 shall notify the chairs of the assembly ways and means committee and 3 senate finance committee and the chairs of the assembly and senate 4 health committee; provided further, however, that the director of the 5 budget shall notify the legislative bill drafting commission upon the 6 occurrence of a delay in the effective date of this act in order that 7 the commission may maintain an accurate and timely effective data base 8 of the official text of the laws of the state of New York in furtherance 9 of effectuating the provisions of section 44 of the legislative law and 10 section 70-b of the public officers law. 11 PART II 12 Section 1. The commissioner of health is authorized to establish the 13 following pilot programs in one or more counties or regions of the state 14 for the purpose of promoting social determinant of health interventions: 15 up to three projects targeted at the provision of medically tailored 16 meals tailored to individuals diagnosed with cancer, diabetes, heart 17 failure and/or HIV/AIDS and who have had one or more hospitalizations 18 within a year; up to five medical respite programs to provide care to 19 homeless patients who are too sick to be on the streets or in a tradi- 20 tional shelter but not sick enough to warrant inpatient hospitalization; 21 and a street medicine program to allow diagnostic and treatment centers 22 licensed under article 28 of the public health law to bill for certain 23 services provided at offsite locations in order to serve the chronically 24 street homeless population. The requirements for which programs qualify 25 as "medically tailored meals," "medical respite," and "street medicine" 26 will be further defined in the course of each pilot program with a focus 27 on providing the most effective care to participants in the program. 28 § 2. This act shall take effect September 1, 2020. Provided, however, 29 that the director of the budget may, in consultation with the commis- 30 sioner of health, delay the effective date prescribed herein for a peri- 31 od of time which shall not exceed ninety days following the conclusion 32 or termination of an executive order issued pursuant to section 28 of 33 the executive law declaring a state disaster emergency for the entire 34 state of New York and that upon such delay the director of the budget 35 shall notify the chairs of the assembly ways and means committee and the 36 senate finance committee and the chairs of the assembly and senate 37 health committees; provided further, however, that the director of the 38 budget shall notify the legislative bill drafting commission upon the 39 occurrence of a delay in the effective date of this act in order that 40 the commission may maintain an accurate and timely effective data base 41 of the official text of the laws of the state of New York in furtherance 42 of effectuating the provisions of section 44 of the legislative law and 43 section 70-b of the public officers law. 44 PART JJ 45 Section 1. The state comptroller is hereby authorized and directed to 46 loan money in accordance with the provisions set forth in subdivision 5 47 of section 4 of the state finance law to the following funds and/or 48 accounts: 49 1. DOL-Child performer protection account (20401). 50 2. Proprietary vocational school supervision account (20452). 51 3. Local government records management account (20501). 52 4. Child health plus program account (20810).S. 7506--B 217 A. 9506--B 1 5. EPIC premium account (20818). 2 6. Education - New (20901). 3 7. VLT - Sound basic education fund (20904). 4 8. Sewage treatment program management and administration fund 5 (21000). 6 9. Hazardous bulk storage account (21061). 7 10. Utility environmental regulatory account (21064). 8 11. Federal grants indirect cost recovery account (21065). 9 12. Low level radioactive waste account (21066). 10 13. Recreation account (21067). 11 14. Public safety recovery account (21077). 12 15. Environmental regulatory account (21081). 13 16. Natural resource account (21082). 14 17. Mined land reclamation program account (21084). 15 18. Great lakes restoration initiative account (21087). 16 19. Environmental protection and oil spill compensation fund (21200). 17 20. Public transportation systems account (21401). 18 21. Metropolitan mass transportation (21402). 19 22. Operating permit program account (21451). 20 23. Mobile source account (21452). 21 24. Statewide planning and research cooperative system account 22 (21902). 23 25. New York state thruway authority account (21905). 24 26. Mental hygiene program fund account (21907). 25 27. Mental hygiene patient income account (21909). 26 28. Financial control board account (21911). 27 29. Regulation of racing account (21912). 28 30. State university dormitory income reimbursable account (21937). 29 31. Criminal justice improvement account (21945). 30 32. Environmental laboratory reference fee account (21959). 31 33. Training, management and evaluation account (21961). 32 34. Clinical laboratory reference system assessment account (21962). 33 35. Indirect cost recovery account (21978). 34 36. High school equivalency program account (21979). 35 37. Multi-agency training account (21989). 36 38. Bell jar collection account (22003). 37 39. Industry and utility service account (22004). 38 40. Real property disposition account (22006). 39 41. Parking account (22007). 40 42. Courts special grants (22008). 41 43. Asbestos safety training program account (22009). 42 44. Camp Smith billeting account (22017). 43 45. Batavia school for the blind account (22032). 44 46. Investment services account (22034). 45 47. Surplus property account (22036). 46 48. Financial oversight account (22039). 47 49. Regulation of Indian gaming account (22046). 48 50. Rome school for the deaf account (22053). 49 51. Seized assets account (22054). 50 52. Administrative adjudication account (22055). 51 53. Federal salary sharing account (22056). 52 54. New York City assessment account (22062). 53 55. Cultural education account (22063). 54 56. Local services account (22078). 55 57. DHCR mortgage servicing account (22085). 56 58. Housing indirect cost recovery account (22090).S. 7506--B 218 A. 9506--B 1 59. DHCR-HCA application fee account (22100). 2 60. Low income housing monitoring account (22130). 3 61. Corporation administration account (22135). 4 62. New York State Home for Veterans in the Lower-Hudson Valley 5 account (22144). 6 63. Deferred compensation administration account (22151). 7 64. Rent revenue other New York City account (22156). 8 65. Rent revenue account (22158). 9 66. Tax revenue arrearage account (22168). 10 67. New York state medical indemnity fund account (22240). 11 68. State university general income offset account (22654). 12 69. Lake George park trust fund account (22751). 13 70. State police motor vehicle law enforcement account (22802). 14 71. Highway safety program account (23001). 15 72. DOH drinking water program account (23102). 16 73. NYCCC operating offset account (23151). 17 74. Commercial gaming revenue account (23701). 18 75. Commercial gaming regulation account (23702). 19 76. Highway use tax administration account (23801). 20 77. New York state secure choice administrative account (23806). 21 78. Fantasy sports administration account (24951). 22 79. Highway and bridge capital account (30051). 23 80. Aviation purpose account (30053). 24 81. State university residence hall rehabilitation fund (30100). 25 82. State parks infrastructure account (30351). 26 83. Clean water/clean air implementation fund (30500). 27 84. Hazardous waste remedial cleanup account (31506). 28 85. Youth facilities improvement account (31701). 29 86. Housing assistance fund (31800). 30 87. Housing program fund (31850). 31 88. Highway facility purpose account (31951). 32 89. Information technology capital financing account (32215). 33 90. New York racing account (32213). 34 91. Capital miscellaneous gifts account (32214). 35 92. New York environmental protection and spill remediation account 36 (32219). 37 93. Mental hygiene facilities capital improvement fund (32300). 38 94. Correctional facilities capital improvement fund (32350). 39 95. New York State Storm Recovery Capital Fund (33000). 40 96. OGS convention center account (50318). 41 97. Empire Plaza Gift Shop (50327). 42 98. Centralized services fund (55000). 43 99. Archives records management account (55052). 44 100. Federal single audit account (55053). 45 101. Civil service EHS occupational health program account (55056). 46 102. Banking services account (55057). 47 103. Cultural resources survey account (55058). 48 104. Neighborhood work project account (55059). 49 105. Automation & printing chargeback account (55060). 50 106. OFT NYT account (55061). 51 107. Data center account (55062). 52 108. Intrusion detection account (55066). 53 109. Domestic violence grant account (55067). 54 110. Centralized technology services account (55069). 55 111. Labor contact center account (55071). 56 112. Human services contact center account (55072).S. 7506--B 219 A. 9506--B 1 113. Tax contact center account (55073). 2 114. Department of law civil recoveries account (55074). 3 115. Executive direction internal audit account (55251). 4 116. CIO Information technology centralized services account (55252). 5 117. Health insurance internal service account (55300). 6 118. Civil service employee benefits division administrative account 7 (55301). 8 119. Correctional industries revolving fund (55350). 9 120. Employees health insurance account (60201). 10 121. Medicaid management information system escrow fund (60900). 11 122. New York state cannabis revenue fund. 12 123. Behavioral health parity compliance fund. 13 § 1-a. The state comptroller is hereby authorized and directed to loan 14 money in accordance with the provisions set forth in subdivision 5 of 15 section 4 of the state finance law to any account within the following 16 federal funds, provided the comptroller has made a determination that 17 sufficient federal grant award authority is available to reimburse such 18 loans: 19 1. Federal USDA-food and nutrition services fund (25000). 20 2. Federal health and human services fund (25100). 21 3. Federal education fund (25200). 22 4. Federal block grant fund (25250). 23 5. Federal miscellaneous operating grants fund (25300). 24 6. Federal unemployment insurance administration fund (25900). 25 7. Federal unemployment insurance occupational training fund (25950). 26 8. Federal emergency employment act fund (26000). 27 9. Federal capital projects fund (31350). 28 § 2. Notwithstanding any law to the contrary, and in accordance with 29 section 4 of the state finance law, the comptroller is hereby authorized 30 and directed to transfer, upon request of the director of the budget, on 31 or before March 31, 2021, up to the unencumbered balance or the follow- 32 ing amounts: 33 Economic Development and Public Authorities: 34 1. $175,000 from the miscellaneous special revenue fund, underground 35 facilities safety training account (22172), to the general fund. 36 2. An amount up to the unencumbered balance from the miscellaneous 37 special revenue fund, business and licensing services account (21977), 38 to the general fund. 39 3. $14,810,000 from the miscellaneous special revenue fund, code 40 enforcement account (21904), to the general fund. 41 4. $3,000,000 from the general fund to the miscellaneous special 42 revenue fund, tax revenue arrearage account (22168). 43 Education: 44 1. $2,523,000,000 from the general fund to the state lottery fund, 45 education account (20901), as reimbursement for disbursements made from 46 such fund for supplemental aid to education pursuant to section 92-c of 47 the state finance law that are in excess of the amounts deposited in 48 such fund for such purposes pursuant to section 1612 of the tax law. 49 2. $978,000,000 from the general fund to the state lottery fund, VLT 50 education account (20904), as reimbursement for disbursements made from 51 such fund for supplemental aid to education pursuant to section 92-c of 52 the state finance law that are in excess of the amounts deposited in 53 such fund for such purposes pursuant to section 1612 of the tax law. 54 3. $160,000,000 from the general fund to the New York state commercial 55 gaming fund, commercial gaming revenue account (23701), as reimbursement 56 for disbursements made from such fund for supplemental aid to educationS. 7506--B 220 A. 9506--B 1 pursuant to section 97-nnnn of the state finance law that are in excess 2 of the amounts deposited in such fund for purposes pursuant to section 3 1352 of the racing, pari-mutuel wagering and breeding law. 4 4. $5,000,000 from the interactive fantasy sports fund, fantasy sports 5 education account (24950), to the state lottery fund, education account 6 (20901), as reimbursement for disbursements made from such fund for 7 supplemental aid to education pursuant to section 92-c of the state 8 finance law. 9 5. An amount up to the unencumbered balance from the charitable gifts 10 trust fund, elementary and secondary education account (24901), to the 11 general fund, for payment of general support for public schools pursuant 12 to section 3609-a of the education law. 13 6. Moneys from the state lottery fund (20900) up to an amount deposit- 14 ed in such fund pursuant to section 1612 of the tax law in excess of the 15 current year appropriation for supplemental aid to education pursuant to 16 section 92-c of the state finance law. 17 7. $300,000 from the New York state local government records manage- 18 ment improvement fund, local government records management account 19 (20501), to the New York state archives partnership trust fund, archives 20 partnership trust maintenance account (20351). 21 8. $900,000 from the general fund to the miscellaneous special revenue 22 fund, Batavia school for the blind account (22032). 23 9. $900,000 from the general fund to the miscellaneous special revenue 24 fund, Rome school for the deaf account (22053). 25 10. $343,400,000 from the state university dormitory income fund 26 (40350) to the miscellaneous special revenue fund, state university 27 dormitory income reimbursable account (21937). 28 11. $8,318,000 from the general fund to the state university income 29 fund, state university income offset account (22654), for the state's 30 share of repayment of the STIP loan. 31 12. $47,000,000 from the state university income fund, state universi- 32 ty hospitals income reimbursable account (22656) to the general fund for 33 hospital debt service for the period April 1, 2020 through March 31, 34 2021. 35 13. $25,390,000 from the miscellaneous special revenue fund, office of 36 the professions account (22051), to the miscellaneous capital projects 37 fund, office of the professions electronic licensing account (32222). 38 14. $24,000,000 from any of the state education department's special 39 revenue and internal service funds to the miscellaneous special revenue 40 fund, indirect cost recovery account (21978). 41 15. $4,200,000 from any of the state education department's special 42 revenue or internal service funds to the capital projects fund (30000). 43 Environmental Affairs: 44 1. $16,000,000 from any of the department of environmental conserva- 45 tion's special revenue federal funds to the environmental conservation 46 special revenue fund, federal indirect recovery account (21065). 47 2. $5,000,000 from any of the department of environmental conserva- 48 tion's special revenue federal funds to the conservation fund (21150) or 49 Marine Resources Account (21151) as necessary to avoid diversion of 50 conservation funds. 51 3. $3,000,000 from any of the office of parks, recreation and historic 52 preservation capital projects federal funds and special revenue federal 53 funds to the miscellaneous special revenue fund, federal grant indirect 54 cost recovery account (22188).S. 7506--B 221 A. 9506--B 1 4. $1,000,000 from any of the office of parks, recreation and historic 2 preservation special revenue federal funds to the miscellaneous capital 3 projects fund, I love NY water account (32212). 4 5. $28,000,000 from the general fund to the environmental protection 5 fund, environmental protection fund transfer account (30451). 6 6. $1,800,000 from the general fund to the hazardous waste remedial 7 fund, hazardous waste oversight and assistance account (31505). 8 7. An amount up to or equal to the cash balance within the special 9 revenue-other waste management & cleanup account (21053) to the capital 10 projects fund (30000) for services and capital expenses related to the 11 management and cleanup program as put forth in section 27-1915 of the 12 environmental conservation law. 13 8. $3,600,000 from the miscellaneous special revenue fund, public 14 service account (22011) to the miscellaneous special revenue fund, util- 15 ity environmental regulatory account (21064). 16 9. $4,000,000 from the general fund to the enterprise fund, state fair 17 account (50051). 18 Family Assistance: 19 1. $7,000,000 from any of the office of children and family services, 20 office of temporary and disability assistance, or department of health 21 special revenue federal funds and the general fund, in accordance with 22 agreements with social services districts, to the miscellaneous special 23 revenue fund, office of human resources development state match account 24 (21967). 25 2. $4,000,000 from any of the office of children and family services 26 or office of temporary and disability assistance special revenue federal 27 funds to the miscellaneous special revenue fund, family preservation and 28 support services and family violence services account (22082). 29 3. $18,670,000 from any of the office of children and family services, 30 office of temporary and disability assistance, or department of health 31 special revenue federal funds and any other miscellaneous revenues 32 generated from the operation of office of children and family services 33 programs to the general fund. 34 4. $125,000,000 from any of the office of temporary and disability 35 assistance or department of health special revenue funds to the general 36 fund. 37 5. $2,500,000 from any of the office of temporary and disability 38 assistance special revenue funds to the miscellaneous special revenue 39 fund, office of temporary and disability assistance program account 40 (21980). 41 6. $35,000,000 from any of the office of children and family services, 42 office of temporary and disability assistance, department of labor, and 43 department of health special revenue federal funds to the office of 44 children and family services miscellaneous special revenue fund, multi- 45 agency training contract account (21989). 46 7. $205,000,000 from the miscellaneous special revenue fund, youth 47 facility per diem account (22186), to the general fund. 48 8. $621,850 from the general fund to the combined gifts, grants, and 49 bequests fund, WB Hoyt Memorial account (20128). 50 9. $5,000,000 from the miscellaneous special revenue fund, state 51 central registry (22028), to the general fund. 52 General Government: 53 1. $1,566,000 from the miscellaneous special revenue fund, examination 54 and miscellaneous revenue account (22065) to the general fund. 55 2. $12,000,000 from the general fund to the health insurance revolving 56 fund (55300).S. 7506--B 222 A. 9506--B 1 3. $292,400,000 from the health insurance reserve receipts fund 2 (60550) to the general fund. 3 4. $150,000 from the general fund to the not-for-profit revolving loan 4 fund (20650). 5 5. $150,000 from the not-for-profit revolving loan fund (20650) to the 6 general fund. 7 6. $3,000,000 from the miscellaneous special revenue fund, surplus 8 property account (22036), to the general fund. 9 7. $19,000,000 from the miscellaneous special revenue fund, revenue 10 arrearage account (22024), to the general fund. 11 8. $1,826,000 from the miscellaneous special revenue fund, revenue 12 arrearage account (22024), to the miscellaneous special revenue fund, 13 authority budget office account (22138). 14 9. $1,000,000 from the agencies enterprise fund, parking services 15 account (22007), to the general fund, for the purpose of reimbursing the 16 costs of debt service related to state parking facilities. 17 10. $9,628,000 from the general fund to the centralized services fund, 18 COPS account (55013). 19 11. $11,460,000 from the general fund to the agencies internal service 20 fund, central technology services account (55069), for the purpose of 21 enterprise technology projects. 22 12. $10,000,000 from the general fund to the agencies internal service 23 fund, state data center account (55062). 24 13. $20,000,000 from the miscellaneous special revenue fund, workers' 25 compensation account (21995), to the miscellaneous capital projects 26 fund, workers' compensation board IT business process design fund, 27 (32218). 28 14. $12,000,000 from the agencies enterprise fund, parking services 29 account (22007), to the centralized services, building support services 30 account (55018). 31 15. $30,000,000 from the general fund to the internal service fund, 32 business services center account (55022). 33 16. $8,000,000 from the general fund to the internal service fund, 34 building support services account (55018). 35 17. $1,500,000 from the agencies enterprise fund, special events 36 account (20120), to the general fund. 37 Health: 38 1. A transfer from the general fund to the combined gifts, grants and 39 bequests fund, breast cancer research and education account (20155), up 40 to an amount equal to the monies collected and deposited into that 41 account in the previous fiscal year. 42 2. A transfer from the general fund to the combined gifts, grants and 43 bequests fund, prostate cancer research, detection, and education 44 account (20183), up to an amount equal to the moneys collected and 45 deposited into that account in the previous fiscal year. 46 3. A transfer from the general fund to the combined gifts, grants and 47 bequests fund, Alzheimer's disease research and assistance account 48 (20143), up to an amount equal to the moneys collected and deposited 49 into that account in the previous fiscal year. 50 4. $33,134,000 from the HCRA resources fund (20800) to the miscella- 51 neous special revenue fund, empire state stem cell trust fund account 52 (22161). 53 5. $6,000,000 from the miscellaneous special revenue fund, certificate 54 of need account (21920), to the miscellaneous capital projects fund, 55 healthcare IT capital subfund (32216).S. 7506--B 223 A. 9506--B 1 6. $2,000,000 from the miscellaneous special revenue fund, vital 2 health records account (22103), to the miscellaneous capital projects 3 fund, healthcare IT capital subfund (32216). 4 7. $2,000,000 from the miscellaneous special revenue fund, profes- 5 sional medical conduct account (22088), to the miscellaneous capital 6 projects fund, healthcare IT capital subfund (32216). 7 8. $91,304,000 from the HCRA resources fund (20800) to the capital 8 projects fund (30000). 9 9. $6,550,000 from the general fund to the medical marihuana trust 10 fund, health operation and oversight account (23755). 11 10. An amount up to the unencumbered balance from the miscellaneous 12 special revenue fund, certificate of need account (21920), to the gener- 13 al fund. 14 11. An amount up to the unencumbered balance from the charitable gifts 15 trust fund, health charitable account (24900), to the general fund, for 16 payment of general support for primary, preventive, and inpatient health 17 care, dental and vision care, hunger prevention and nutritional assist- 18 ance, and other services for New York state residents with the overall 19 goal of ensuring that New York state residents have access to quality 20 health care and other related services. 21 12. $3,000,000 from the miscellaneous special revenue fund, New York 22 State cannabis revenue fund, to the general fund. 23 13. An amount up to the unencumbered balance from the public health 24 emergency charitable gifts trust fund to the general fund, for payment 25 of goods and services necessary to respond to a public health disaster 26 emergency or to assist or aid in responding to such a disaster. 27 Labor: 28 1. $600,000 from the miscellaneous special revenue fund, DOL fee and 29 penalty account (21923), to the child performer's protection fund, child 30 performer protection account (20401). 31 2. $11,700,000 from the unemployment insurance interest and penalty 32 fund, unemployment insurance special interest and penalty account 33 (23601), to the general fund. 34 3. $5,000,000 from the miscellaneous special revenue fund, workers' 35 compensation account (21995), to the training and education program 36 occupation safety and health fund, OSHA-training and education account 37 (21251) and occupational health inspection account (21252). 38 Mental Hygiene: 39 1. $10,000,000 from the general fund, to the miscellaneous special 40 revenue fund, federal salary sharing account (22056). 41 2. $3,800,000 from the general fund, to the agencies internal service 42 fund, civil service EHS occupational health program account (55056). 43 3. $3,000,000 from the chemical dependence service fund, substance 44 abuse services fund account (22700), to the mental hygiene capital 45 improvement fund (32305). 46 Public Protection: 47 1. $1,350,000 from the miscellaneous special revenue fund, emergency 48 management account (21944), to the general fund. 49 2. $2,087,000 from the general fund to the miscellaneous special 50 revenue fund, recruitment incentive account (22171). 51 3. $22,773,000 from the general fund to the correctional industries 52 revolving fund, correctional industries internal service account 53 (55350). 54 4. $60,000,000 from any of the division of homeland security and emer- 55 gency services special revenue federal funds to the general fund.S. 7506--B 224 A. 9506--B 1 5. $11,149,000 from the miscellaneous special revenue fund, criminal 2 justice improvement account (21945), to the general fund. 3 6. $115,420,000 from the state police motor vehicle law enforcement 4 and motor vehicle theft and insurance fraud prevention fund, state 5 police motor vehicle enforcement account (22802), to the general fund 6 for state operation expenses of the division of state police. 7 7. $120,500,000 from the general fund to the correctional facilities 8 capital improvement fund (32350). 9 8. $5,000,000 from the general fund to the dedicated highway and 10 bridge trust fund (30050) for the purpose of work zone safety activities 11 provided by the division of state police for the department of transpor- 12 tation. 13 9. $10,000,000 from the miscellaneous special revenue fund, statewide 14 public safety communications account (22123), to the capital projects 15 fund (30000). 16 10. $9,830,000 from the miscellaneous special revenue fund, legal 17 services assistance account (22096), to the general fund. 18 11. $1,000,000 from the general fund to the agencies internal service 19 fund, neighborhood work project account (55059). 20 12. $7,980,000 from the miscellaneous special revenue fund, finger- 21 print identification & technology account (21950), to the general fund. 22 13. $1,100,000 from the state police motor vehicle law enforcement and 23 motor vehicle theft and insurance fraud prevention fund, motor vehicle 24 theft and insurance fraud account (22801), to the general fund. 25 14. $25,000,000 from the miscellaneous special revenue fund, statewide 26 public safety communications account (22123), to the general fund. 27 Transportation: 28 1. $31,000,000 from the general fund to the MTA financial assistance 29 fund, mobility tax trust account (23651) for disbursements related to 30 part NN of chapter 54 of the laws of 2016. 31 2. $20,000,000 from the general fund to the mass transportation oper- 32 ating assistance fund, public transportation systems operating assist- 33 ance account (21401), of which $12,000,000 constitutes the base need for 34 operations. 35 3. $727,500,000 from the general fund to the dedicated highway and 36 bridge trust fund (30050). 37 4. $244,250,000 from the general fund to the MTA financial assistance 38 fund, mobility tax trust account (23651). 39 5. $5,000,000 from the miscellaneous special revenue fund, transporta- 40 tion regulation account (22067) to the dedicated highway and bridge 41 trust fund (30050), for disbursements made from such fund for motor 42 carrier safety that are in excess of the amounts deposited in the dedi- 43 cated highway and bridge trust fund (30050) for such purpose pursuant to 44 section 94 of the transportation law. 45 6. $3,000,000 from the miscellaneous special revenue fund, traffic 46 adjudication account (22055), to the general fund. 47 7. $11,721,000 from the mass transportation operating assistance fund, 48 metropolitan mass transportation operating assistance account (21402), 49 to the capital projects fund (30000). 50 8. $5,000,000 from the miscellaneous special revenue fund, transporta- 51 tion regulation account (22067) to the general fund, for disbursements 52 made from such fund for motor carrier safety that are in excess of the 53 amounts deposited in the general fund for such purpose pursuant to 54 section 94 of the transportation law. 55 Miscellaneous:S. 7506--B 225 A. 9506--B 1 1. $250,000,000 from the general fund to any funds or accounts for the 2 purpose of reimbursing certain outstanding accounts receivable balances 3 or fund spending expected to be incurred to maintain essential govern- 4 mental operations which are in excess of available cash resulting from a 5 reduction of dedicated revenue sources that were waived or otherwise 6 impacted by reduced utilization directly or indirectly associated with 7 executive order and/or societal response to the novel coronavirus, 8 COVID-19. 9 2. $500,000,000 from the general fund to the debt reduction reserve 10 fund (40000). 11 3. $450,000,000 from the New York state storm recovery capital fund 12 (33000) to the revenue bond tax fund (40152). 13 4. $15,500,000 from the general fund, community projects account GG 14 (10256), to the general fund, state purposes account (10050). 15 5. $100,000,000 from any special revenue federal fund to the general 16 fund, state purposes account (10050). 17 § 3. Notwithstanding any law to the contrary, and in accordance with 18 section 4 of the state finance law, the comptroller is hereby authorized 19 and directed to transfer, on or before March 31, 2021: 20 1. Upon request of the commissioner of environmental conservation, up 21 to $12,745,400 from revenues credited to any of the department of envi- 22 ronmental conservation special revenue funds, including $4,000,000 from 23 the environmental protection and oil spill compensation fund (21200), 24 and $1,834,600 from the conservation fund (21150), to the environmental 25 conservation special revenue fund, indirect charges account (21060). 26 2. Upon request of the commissioner of agriculture and markets, up to 27 $3,000,000 from any special revenue fund or enterprise fund within the 28 department of agriculture and markets to the general fund, to pay appro- 29 priate administrative expenses. 30 3. Upon request of the commissioner of agriculture and markets, up to 31 $2,000,000 from the state exposition special fund, state fair receipts 32 account (50051) to the miscellaneous capital projects fund, state fair 33 capital improvement account (32208). 34 4. Upon request of the commissioner of the division of housing and 35 community renewal, up to $6,221,000 from revenues credited to any divi- 36 sion of housing and community renewal federal or miscellaneous special 37 revenue fund to the miscellaneous special revenue fund, housing indirect 38 cost recovery account (22090). 39 5. Upon request of the commissioner of the division of housing and 40 community renewal, up to $5,500,000 may be transferred from any miscel- 41 laneous special revenue fund account, to any miscellaneous special 42 revenue fund. 43 6. Upon request of the commissioner of health up to $13,225,000 from 44 revenues credited to any of the department of health's special revenue 45 funds, to the miscellaneous special revenue fund, administration account 46 (21982). 47 § 4. On or before March 31, 2021, the comptroller is hereby authorized 48 and directed to deposit earnings that would otherwise accrue to the 49 general fund that are attributable to the operation of section 98-a of 50 the state finance law, to the agencies internal service fund, banking 51 services account (55057), for the purpose of meeting direct payments 52 from such account. 53 § 5. Notwithstanding any law to the contrary, upon the direction of 54 the director of the budget and upon requisition by the state university 55 of New York, the dormitory authority of the state of New York is 56 directed to transfer, up to $22,000,000 in revenues generated from theS. 7506--B 226 A. 9506--B 1 sale of notes or bonds, the state university income fund general revenue 2 account (22653) for reimbursement of bondable equipment for further 3 transfer to the state's general fund. 4 § 6. Notwithstanding any law to the contrary, and in accordance with 5 section 4 of the state finance law, the comptroller is hereby authorized 6 and directed to transfer, upon request of the director of the budget and 7 upon consultation with the state university chancellor or his or her 8 designee, on or before March 31, 2021, up to $16,000,000 from the state 9 university income fund general revenue account (22653) to the state 10 general fund for debt service costs related to campus supported capital 11 project costs for the NY-SUNY 2020 challenge grant program at the 12 University at Buffalo. 13 § 7. Notwithstanding any law to the contrary, and in accordance with 14 section 4 of the state finance law, the comptroller is hereby authorized 15 and directed to transfer, upon request of the director of the budget and 16 upon consultation with the state university chancellor or his or her 17 designee, on or before March 31, 2021, up to $6,500,000 from the state 18 university income fund general revenue account (22653) to the state 19 general fund for debt service costs related to campus supported capital 20 project costs for the NY-SUNY 2020 challenge grant program at the 21 University at Albany. 22 § 8. Notwithstanding any law to the contrary, the state university 23 chancellor or his or her designee is authorized and directed to transfer 24 estimated tuition revenue balances from the state university collection 25 fund (61000) to the state university income fund, state university 26 general revenue offset account (22655) on or before March 31, 2021. 27 § 9. Notwithstanding any law to the contrary, and in accordance with 28 section 4 of the state finance law, the comptroller is hereby authorized 29 and directed to transfer, upon request of the director of the budget, up 30 to $1,022,248,300 from the general fund to the state university income 31 fund, state university general revenue offset account (22655) during the 32 period of July 1, 2020 through June 30, 2021 to support operations at 33 the state university. 34 § 10. Notwithstanding any law to the contrary, and in accordance with 35 section 4 of the state finance law, the comptroller is hereby authorized 36 and directed to transfer, upon request of the director of the budget, up 37 to $20,000,000 from the general fund to the state university income 38 fund, state university general revenue offset account (22655) during the 39 period of July 1, 2020 to June 30, 2021 to support operations at the 40 state university in accordance with the maintenance of effort pursuant 41 to subparagraph (4) of paragraph h of subdivision 2 of section 355 of 42 the education law. 43 § 11. Notwithstanding any law to the contrary, and in accordance with 44 section 4 of the state finance law, the comptroller is hereby authorized 45 and directed to transfer, upon request of the state university chancel- 46 lor or his or her designee, up to $55,000,000 from the state university 47 income fund, state university hospitals income reimbursable account 48 (22656), for services and expenses of hospital operations and capital 49 expenditures at the state university hospitals; and the state university 50 income fund, Long Island veterans' home account (22652) to the state 51 university capital projects fund (32400) on or before June 30, 2021. 52 § 12. Notwithstanding any law to the contrary, and in accordance with 53 section 4 of the state finance law, the comptroller, after consultation 54 with the state university chancellor or his or her designee, is hereby 55 authorized and directed to transfer moneys, in the first instance, from 56 the state university collection fund, Stony Brook hospital collectionS. 7506--B 227 A. 9506--B 1 account (61006), Brooklyn hospital collection account (61007), and Syra- 2 cuse hospital collection account (61008) to the state university income 3 fund, state university hospitals income reimbursable account (22656) in 4 the event insufficient funds are available in the state university 5 income fund, state university hospitals income reimbursable account 6 (22656) to permit the full transfer of moneys authorized for transfer, 7 to the general fund for payment of debt service related to the SUNY 8 hospitals. Notwithstanding any law to the contrary, the comptroller is 9 also hereby authorized and directed, after consultation with the state 10 university chancellor or his or her designee, to transfer moneys from 11 the state university income fund to the state university income fund, 12 state university hospitals income reimbursable account (22656) in the 13 event insufficient funds are available in the state university income 14 fund, state university hospitals income reimbursable account (22656) to 15 pay hospital operating costs or to permit the full transfer of moneys 16 authorized for transfer, to the general fund for payment of debt service 17 related to the SUNY hospitals on or before March 31, 2021. 18 § 13. Notwithstanding any law to the contrary, upon the direction of 19 the director of the budget and the chancellor of the state university of 20 New York or his or her designee, and in accordance with section 4 of the 21 state finance law, the comptroller is hereby authorized and directed to 22 transfer monies from the state university dormitory income fund (40350) 23 to the state university residence hall rehabilitation fund (30100), and 24 from the state university residence hall rehabilitation fund (30100) to 25 the state university dormitory income fund (40350), in an amount not to 26 exceed $80 million from each fund. 27 § 14. Notwithstanding any law to the contrary, and in accordance with 28 section 4 of the state finance law, the comptroller is hereby authorized 29 and directed to transfer, at the request of the director of the budget, 30 up to $1 billion from the unencumbered balance of any special revenue 31 fund or account, agency fund or account, internal service fund or 32 account, enterprise fund or account, or any combination of such funds 33 and accounts, to the general fund. The amounts transferred pursuant to 34 this authorization shall be in addition to any other transfers expressly 35 authorized in the 2020-21 budget. Transfers from federal funds, debt 36 service funds, capital projects funds, the community projects fund, or 37 funds that would result in the loss of eligibility for federal benefits 38 or federal funds pursuant to federal law, rule, or regulation as assent- 39 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 40 1951 are not permitted pursuant to this authorization. 41 § 15. Notwithstanding any law to the contrary, and in accordance with 42 section 4 of the state finance law, the comptroller is hereby authorized 43 and directed to transfer, at the request of the director of the budget, 44 up to $100 million from any non-general fund or account, or combination 45 of funds and accounts, to the miscellaneous special revenue fund, tech- 46 nology financing account (22207), the miscellaneous capital projects 47 fund, the federal capital projects account (31350), information technol- 48 ogy capital financing account (32215), or the centralized technology 49 services account (55069), for the purpose of consolidating technology 50 procurement and services. The amounts transferred to the miscellaneous 51 special revenue fund, technology financing account (22207) pursuant to 52 this authorization shall be equal to or less than the amount of such 53 monies intended to support information technology costs which are 54 attributable, according to a plan, to such account made in pursuance to 55 an appropriation by law. Transfers to the technology financing account 56 shall be completed from amounts collected by non-general funds orS. 7506--B 228 A. 9506--B 1 accounts pursuant to a fund deposit schedule or permanent statute, and 2 shall be transferred to the technology financing account pursuant to a 3 schedule agreed upon by the affected agency commissioner. Transfers from 4 funds that would result in the loss of eligibility for federal benefits 5 or federal funds pursuant to federal law, rule, or regulation as assent- 6 ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 7 1951 are not permitted pursuant to this authorization. 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 $400 million from any non-general fund or account, or combination 12 of funds and accounts, to the general fund for the purpose of consol- 13 idating technology procurement and services. The amounts transferred 14 pursuant to this authorization shall be equal to or less than the amount 15 of such monies intended to support information technology costs which 16 are attributable, according to a plan, to such account made in pursuance 17 to an appropriation by law. Transfers to the general fund shall be 18 completed from amounts collected by non-general funds or accounts pursu- 19 ant to a fund deposit schedule. Transfers from funds that would result 20 in the loss of eligibility for federal benefits or federal funds pursu- 21 ant to federal law, rule, or regulation as assented to in chapter 683 of 22 the laws of 1938 and chapter 700 of the laws of 1951 are not permitted 23 pursuant to this authorization. 24 § 17. Notwithstanding any provision of law to the contrary, as deemed 25 feasible and advisable by its trustees, the power authority of the state 26 of New York is authorized and directed to transfer to the state treasury 27 to the credit of the general fund $20,000,000 for the state fiscal year 28 commencing April 1, 2020, the proceeds of which will be utilized to 29 support en