Bill Text: NY S07506 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year; prohibits meal shaming in public school districts, charter schools and non-public schools; requires a school or school district to contact the parent or guardian to offer assistance with a meal application; further requires a clear explanation of the procedure to handle unpaid meal charges; makes related provisions (Part B); relates to participation in recovery high school programs (Part D); relates to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years and repeals provisions of law relating to CTH funding and reimbursement (Part G); relates to consolidating the youth development and delinquency prevention program and the special delinquency prevention program (Part I); relates to extending the effectiveness of the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part J); adds the office of children and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); repeals certain provisions of law relating to calculating charge back rates by the state university of New York and the city university of New York (Part P); relates to providing feminine hygiene products in public schools (Part Q); relates to a working group to develop computer science standards for grades K through 12 (Part R); establishes that to the extent that physician appointees are available for appointment, at least one of the physician appointees to the state board for medicine shall be an expert on reducing health disparities among demographic subgroups, and one shall be an expert on women's health (Part S); relates to eligibility for and the amount of excelsior scholarships (Part T); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY; repealer (Part U); relates to the foster youth college success initiative, permits moneys to be spent providing supplemental housing and meals for foster youth not currently enrolled in a post-secondary opportunity program at the state university for New York (Part V); relates to enhanced tuition awards (Part W); establishes the residential emergency services to offer home repairs to the elderly program; provides that all repairs must be completed withing sixty business days of the start of repairs, provided, however, that the commissioner grant the eligible applicant additional time for good cause (Part X); provides financial assistance to eligible applicants for adapting or retrofitting eligible properties to improve disabled veteran access (Part Y); establishes the SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund (Part Z); establishes the New York state teacher loan forgiveness program to provide grants to teachers having education loans and who agree to teach in the state in a shortage subject area or a hard to staff school district (Part AA); relates to the New York state science, technology, engineering and mathematics incentive program (Part BB); relates to the education of children in foster care (Part CC); and relates to an income savings plan for the city of New York; extends provisions relating thereto (Part DD).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-29 - SUBSTITUTED BY A9506B [S07506 Detail]
Download: New_York-2017-S07506-Amended.html
Bill Title: Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2018-2019 state fiscal year; prohibits meal shaming in public school districts, charter schools and non-public schools; requires a school or school district to contact the parent or guardian to offer assistance with a meal application; further requires a clear explanation of the procedure to handle unpaid meal charges; makes related provisions (Part B); relates to participation in recovery high school programs (Part D); relates to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years and repeals provisions of law relating to CTH funding and reimbursement (Part G); relates to consolidating the youth development and delinquency prevention program and the special delinquency prevention program (Part I); relates to extending the effectiveness of the authorization of the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services (Part J); adds the office of children and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); repeals certain provisions of law relating to calculating charge back rates by the state university of New York and the city university of New York (Part P); relates to providing feminine hygiene products in public schools (Part Q); relates to a working group to develop computer science standards for grades K through 12 (Part R); establishes that to the extent that physician appointees are available for appointment, at least one of the physician appointees to the state board for medicine shall be an expert on reducing health disparities among demographic subgroups, and one shall be an expert on women's health (Part S); relates to eligibility for and the amount of excelsior scholarships (Part T); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY; repealer (Part U); relates to the foster youth college success initiative, permits moneys to be spent providing supplemental housing and meals for foster youth not currently enrolled in a post-secondary opportunity program at the state university for New York (Part V); relates to enhanced tuition awards (Part W); establishes the residential emergency services to offer home repairs to the elderly program; provides that all repairs must be completed withing sixty business days of the start of repairs, provided, however, that the commissioner grant the eligible applicant additional time for good cause (Part X); provides financial assistance to eligible applicants for adapting or retrofitting eligible properties to improve disabled veteran access (Part Y); establishes the SUNY Stony Brook Eastern Long Island Hospital Affiliation escrow fund (Part Z); establishes the New York state teacher loan forgiveness program to provide grants to teachers having education loans and who agree to teach in the state in a shortage subject area or a hard to staff school district (Part AA); relates to the New York state science, technology, engineering and mathematics incentive program (Part BB); relates to the education of children in foster care (Part CC); and relates to an income savings plan for the city of New York; extends provisions relating thereto (Part DD).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-29 - SUBSTITUTED BY A9506B [S07506 Detail]
Download: New_York-2017-S07506-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7506--A IN SENATE January 18, 2018 ___________ A BUDGET BILL, submitted by the Governor pursuant to article 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 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 reporting of teacher diversity; to amend the education law, in relation to teaching tolerance; to amend the educa- tion law, in relation to reporting requirements of school level fund- ing; to amend the education law, in relation facility aid for charter schools; to amend the education law, in relation to supplemental public excess cost aid; to amend the education law, in relation to full day kindergarten aid; to amend the education law, in relation to academic enhancement aid; to amend the education law, in relation to high tax aid; to amend the education law, in relation to universal pre-kindergarten aid; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend the education law, in relation to the teachers of tomorrow teacher recruitment and retention program; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; 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 2018-2019 school year; to amend chapter 756 of the laws of 1992, relating to funding a program for work force educa- tion conducted by the consortium for worker education in New York city, in relation to withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; to amend the education law, in relation to class sizes for special classes containing certain students with disabilities; to amend chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend the education law, in relation to authorizing the granting of waivers for certain duties owed by school districts to children with handicapping conditions; to amend chapter 89 of the laws EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12672-03-8S. 7506--A 2 of 2016, relating 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 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 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 expiration of certain provisions; 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 educa- tion law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend chapter 56 of the laws of 2014, amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, in relation to the expiration of certain provisions; to amend the education law, in relation to requiring the commissioner of education to include certain information in the official score report of all students; relating to school bus driver training; relat- ing to special apportionment for salary expenses and public pension accruals; relating to suballocations of appropriations; relating to the city school district of the city of Rochester; relating to total foundation aid for the purpose of the development, maintenance or expansion of certain magnet schools or magnet school programs for the 2017-2018 school year; and relating to the support of public libraries (Part A); to amend the education law, in relation to total foundation aid; to amend the education law, in relation to the total number of charters; to amend the education law, in relation to the salary for teachers providing instruction in career and technical education; to amend the education law, in relation to compliance with part 154 of the commissioner's regulations; to amend the education law, in relation to state aid adjustments; to legalize, validate, ratify and confirm certain acts relating to transportation contracts; to ratify and validate acts relating to final building project cost reports; to amend the education law, in relation to internal audits; to amend the education law, in relation to moneys apportioned for students with disabilities; to amend chapter 507 of the laws of 1974 relating to providing for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs and for participation in state programs for the reporting of basic educational data, in relation to the calculation of aid to nonpublic schools; to amend the education law, in relation to shared transportation aid; to amend the education law, in relation to reimbursement for grants for hiring teachers in nonpublic schools; to amend the education law, in relation to transportation expenses; relating to tuition revenue and tuition rate calculations and rate reconciliation for certain special act school districts; to amend the education law, in relation to eligibility for an apportionment; to amend the education law, in relation to the amount of the supplemental basic tuition for charter schools; to amend the education law, in relation to building aid for charter schools; and to amend the educa- tion law, in relation to state aid for library construction; to estab-S. 7506--A 3 lish student-specific tuition rate enhancements for children's resi- dential project education programs; and to amend the education law, in relation to special services aid and aid for career education (Part A-1); to amend the education law, in relation to child sexual abuse awareness; to amend the education law, in relation to the establish- ment of multi-year cost allowances for the Mount Vernon city school district; to amend the education law, in relation to establishing the youth violence prevention pilot program; to amend the arts and cultural affairs law, in relation to the Amistad commission; to amend the education law, in relation to establishing a pilot program for peace/conflict resolution centers; and providing for the repeal of certain provisions upon expiration thereof (Part A-2); to amend the education law, in relation to establishing active shooter drills at public and private educational institutions (Subpart A); to amend the executive law and the education law, in relation to authorizing certain school personnel to wear personal safety alarms (Subpart B); to amend the education law, in relation to a school resource officer program and providing school resource officer security protection aid (Subpart C); to amend the education law, in relation to security upgrades recommended by school safety improvement teams (Subpart D); to amend the education law, in relation to providing for security hardware and software safety technology (Subpart E); to amend the education law, in relation to providing counselors, social workers and psychologists in schools (Subpart F); to amend the education law, in relation to providing school mental health services program coordina- tors in schools (Subpart G); and to amend the education law, in relation to the comprehensive school security grant program (Subpart H)(Part A-3); to amend the education law and chapter 537 of the laws of 1976, relating to paid, free and reduced price breakfast for eligi- ble pupils in certain school districts, in relation to prohibiting lunch shaming and to school breakfast and lunch programs (Part B); to amend the education law, in relation to authorizing school bus stop cameras; and to amend the vehicle and traffic law, in relation to owner liability for operator illegally overtaking or passing a school bus and increasing fines for passing a stopped school bus (Part C); to amend the education law, in relation to participation in recovery high school programs (Part D); intentionally omitted (Part E); to amend the education law, the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part F); to amend chapter 57 of the laws of 2012 amending the social services law and the family court act relating to estab- lishing a juvenile justice services close to home initiative, and amending the social services law, the family court act and the execu- tive law relating to juvenile delinquents, in relation to extending the close to home (CTH) initiative and juvenile justice reforms an additional five years; and to repeal certain provisions of paragraph (a) of subdivision 8 of section 404 of the social services law relat- ing to CTH funding and reimbursement (Part G); intentionally omitted (Part H); to amend part G of chapter 57 of the laws of 2013, amending the executive law and the social services law relating to consolidat- ing the youth development and delinquency prevention program and the special delinquency prevention program, in relation to extending such provisions (Part I); to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certainS. 7506--A 4 services, in relation to the effectiveness thereof (Part J); to amend the public authorities law, in relation to adding the office of chil- dren and family services to the list of entities to whom the dormitory authority of the state of New York (DASNY) is authorized to provide capital design and construction services (Part K); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part L); intentionally omitted (Part M); to utilize reserves in the mortgage insurance fund for various housing purposes (Part N); to amend chapter 85 of the laws of 2017, relating to creating the Lake Ontario-St. Lawrence Seaway flood recovery and International Joint Commission Plan 2014 mitigation grant program, in relation to utilizing reserves in the mortgage insurance fund for various housing purposes (Subpart A); to amend chapter 85 of the laws of 2017 relating to creating the Lake Ontario-St. Lawrence Seaway flood recovery and International Joint Commission Plan 2014 mitigation grant program, in relation to includ- ing docks as an approved storm-related repair for primary and income qualified seasonal residences (Subpart B); to amend the military law, in relation to the Lake Ontario-St. Lawrence River flood prevention, response and recovery program (Subpart C); to amend the New York state urban development corporation act and the state finance law, in relation to financing the Lake Ontario-St. Lawrence River flood prevention, response and recovery program (Subpart D); and to amend the environmental conservation law, in relation to the New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force; to establish reporting and public hearing requirements for the New York state Lake Ontario-St. Lawrence River flood prevention, response, recovery and mitigation task force (Subpart E)(Part O); to repeal subdivision 11 of section 6305 of the education law relating to the development of a methodology for calcu- lating chargeback rates by the state university of New York and the city university of New York (Part P); to amend the state finance law, in relation to establishing the SUNY Stony Brook Eastern Long Island hospital affiliation escrow fund (Part Q); to amend the education law, in relation to enhanced tuition awards (Part R); to amend the educa- tion law, in relation to requiring the state university of New York to compile a report regarding compliance with programs to be offered by boards of cooperative educational services (Part S); to amend the education law, in relation to the New York state science, technology, engineering and mathematics incentive program (Part T); to amend the education law, in relation to state appropriations to the state university of New York and the city university of New York (Part U); to amend the state finance law, in relation to five-year capital plans for the state university of New York and the city university of New York (Part V); to amend the education law, in relation to the board of trustees of the New York state higher education services corporation (Part W); to amend the education law, in relation to eligibility for an amount of an excelsior scholarship (Part X); to amend the education law, in relation to the commissioner of education (Part Y); to amend the education law, in relation to certain tuition waivers for fire- fighters and fire officer students of the city university of New York; and providing for the repeal of such provisions upon expiration there- of (Part Z); to amend the state finance law, in relation to the estab- lishment of the state university of New York hospital operations escrow fund (Part AA); to amend the education law, in relation to establishing the New York state teacher loan forgiveness program (PartS. 7506--A 5 BB); to amend the private housing finance law, in relation to estab- lishing an affordable independent senior housing assistance program (Part CC); to amend the private housing finance law, in relation to residential emergency services to offer home repairs to the elderly program (Part DD); to amend the private housing finance law, in relation to disabled veteran access to home for heroes contracts (Part EE); to amend the multiple dwelling law, in relation to the floor area ratio (FAR) in the city of New York (Part FF); to amend the public housing law, in relation to the New York state low-income housing tax credit program (Part GG); to amend the real property tax law, in relation to tax abatements for dwelling units occupied by certain persons residing in rent-controlled or rent regulated properties, and providing state aid to cities affected by such tax abatements (Part HH); to establish the New York city tax reform study commission, and providing for its powers and duties (Part II); to amend the real prop- erty tax law, in relation to the increase in maximum rent or legal regulated rent for purposes of the tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities in cities having a population of one million or more (Part JJ); to amend the administrative code of the city of New York and the real property tax law, in relation to increasing the average assessed value threshold (Part KK); to amend the labor law, in relation to exemptions from licensure requirements (Part LL); to amend the administrative code of the city of New York and the public housing law, in relation to establishing the New York city housing authority repair certificate program (Part MM); to amend the public housing law and the New York city charter, in relation to authorizing the New York city council to oversee the activities of the New York city housing authority (Part NN); to amend the public housing law, in relation to providing for the appointment of an independent monitor for the New York city housing authority, and providing for the powers and duties of such monitor (Part OO); to amend the public housing law and the New York city charter, in relation to directing the New York City Housing Authority to establish a 311 hotline for the submission and receipt of complaints (Part PP); to amend the administrative code of the city of New York, in relation to providing for retroactive benefit calculation for the senior citizens rent increase exemption and disability rent increase exemption (Part QQ); and to amend the state finance law, in relation to the local share requirements associated with increasing the age of juvenile jurisdiction (Part RR) 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 2018-2019 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through RR. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act.S. 7506--A 6 1 PART A 2 Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- 3 tion law, as amended by section 1 of part YYY of chapter 59 of the laws 4 of 2017, is amended to read as follows: 5 e. Notwithstanding paragraphs a and b of this subdivision, a school 6 district that submitted a contract for excellence for the two thousand 7 eight--two thousand nine school year shall submit a contract for excel- 8 lence for the two thousand nine--two thousand ten school year in 9 conformity with the requirements of subparagraph (vi) of paragraph a of 10 subdivision two of this section unless all schools in the district are 11 identified as in good standing and provided further that, a school 12 district that submitted a contract for excellence for the two thousand 13 nine--two thousand ten school year, unless all schools in the district 14 are identified as in good standing, shall submit a contract for excel- 15 lence for the two thousand eleven--two thousand twelve school year which 16 shall, notwithstanding the requirements of subparagraph (vi) of para- 17 graph a of subdivision two of this section, provide for the expenditure 18 of an amount which shall be not less than the product of the amount 19 approved by the commissioner in the contract for excellence for the two 20 thousand nine--two thousand ten school year, multiplied by the 21 district's gap elimination adjustment percentage and provided further 22 that, a school district that submitted a contract for excellence for the 23 two thousand eleven--two thousand twelve school year, unless all schools 24 in the district are identified as in good standing, shall submit a 25 contract for excellence for the two thousand twelve--two thousand thir- 26 teen school year which shall, notwithstanding the requirements of 27 subparagraph (vi) of paragraph a of subdivision two of this section, 28 provide for the expenditure of an amount which shall be not less than 29 the amount approved by the commissioner in the contract for excellence 30 for the two thousand eleven--two thousand twelve school year and 31 provided further that, a school district that submitted a contract for 32 excellence for the two thousand twelve--two thousand thirteen school 33 year, unless all schools in the district are identified as in good 34 standing, shall submit a contract for excellence for the two thousand 35 thirteen--two thousand fourteen school year which shall, notwithstanding 36 the requirements of subparagraph (vi) of paragraph a of subdivision two 37 of this section, provide for the expenditure of an amount which shall be 38 not less than the amount approved by the commissioner in the contract 39 for excellence for the two thousand twelve--two thousand thirteen school 40 year and provided further that, a school district that submitted a 41 contract for excellence for the two thousand thirteen--two thousand 42 fourteen school year, unless all schools in the district are identified 43 as in good standing, shall submit a contract for excellence for the two 44 thousand fourteen--two thousand fifteen school year which shall, 45 notwithstanding the requirements of subparagraph (vi) of paragraph a of 46 subdivision two of this section, provide for the expenditure of an 47 amount which shall be not less than the amount approved by the commis- 48 sioner in the contract for excellence for the two thousand thirteen--two 49 thousand fourteen school year; and provided further that, a school 50 district that submitted a contract for excellence for the two thousand 51 fourteen--two thousand fifteen school year, unless all schools in the 52 district are identified as in good standing, shall submit a contract for 53 excellence for the two thousand fifteen--two thousand sixteen school 54 year which shall, notwithstanding the requirements of subparagraph (vi) 55 of paragraph a of subdivision two of this section, provide for theS. 7506--A 7 1 expenditure of an amount which shall be not less than the amount 2 approved by the commissioner in the contract for excellence for the two 3 thousand fourteen--two thousand fifteen school year; and provided 4 further that a school district that submitted a contract for excellence 5 for the two thousand fifteen--two thousand sixteen school year, unless 6 all schools in the district are identified as in good standing, shall 7 submit a contract for excellence for the two thousand sixteen--two thou- 8 sand seventeen school year which shall, notwithstanding the requirements 9 of subparagraph (vi) of paragraph a of subdivision two of this section, 10 provide for the expenditure of an amount which shall be not less than 11 the amount approved by the commissioner in the contract for excellence 12 for the two thousand fifteen--two thousand sixteen school year; and 13 provided further that, a school district that submitted a contract for 14 excellence for the two thousand sixteen--two thousand seventeen school 15 year, unless all schools in the district are identified as in good 16 standing, shall submit a contract for excellence for the two thousand 17 seventeen--two thousand eighteen school year which shall, notwithstand- 18 ing the requirements of subparagraph (vi) of paragraph a of subdivision 19 two of this section, provide for the expenditure of an amount which 20 shall be not less than the amount approved by the commissioner in the 21 contract for excellence for the two thousand sixteen--two thousand 22 seventeen school year; and provided further that a school district that 23 submitted a contract for excellence for the two thousand seventeen--two 24 thousand eighteen school year, unless all schools in the district are 25 identified as in good standing, shall submit a contract for excellence 26 for the two thousand eighteen--two thousand nineteen 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 amount approved by the 30 commissioner in the contract for excellence for the two thousand seven- 31 teen--two thousand eighteen school year; and provided further that, a 32 school district with a population of one million or more that submitted 33 a contract for excellence for the two thousand seventeen--two thousand 34 eighteen school year, unless all schools in the district are identified 35 as in good standing, shall submit a contract for excellence for the two 36 thousand eighteen--two thousand nineteen school year which shall, 37 notwithstanding the requirements of subparagraph (vi) of paragraph a of 38 subdivision two of this section, provide for the expenditure of an 39 amount which shall be not less than the amount approved by the commis- 40 sioner in the contract for excellence for the two thousand seventeen-- 41 two thousand eighteen school year. For purposes of this paragraph, the 42 "gap elimination adjustment percentage" shall be calculated as the sum 43 of one minus the quotient of the sum of the school district's net gap 44 elimination adjustment for two thousand ten--two thousand eleven 45 computed pursuant to chapter fifty-three of the laws of two thousand 46 ten, making appropriations for the support of government, plus the 47 school district's gap elimination adjustment for two thousand eleven-- 48 two thousand twelve as computed pursuant to chapter fifty-three of the 49 laws of two thousand eleven, making appropriations for the support of 50 the local assistance budget, including support for general support for 51 public schools, divided by the total aid for adjustment computed pursu- 52 ant to chapter fifty-three of the laws of two thousand eleven, making 53 appropriations for the local assistance budget, including support for 54 general support for public schools. Provided, further, that such amount 55 shall be expended to support and maintain allowable programs and activ- 56 ities approved in the two thousand nine--two thousand ten school year orS. 7506--A 8 1 to support new or expanded allowable programs and activities in the 2 current year. 3 § 2. The education law is amended by adding a new section 210-d to 4 read as follows: 5 § 210-d. Data reporting requirements for graduate-level teacher and 6 educational leader programs. Each institution registered by the depart- 7 ment with graduate-level teacher and leader education programs shall 8 report to the department data in a form prescribed by the commissioner 9 regarding demographic data, on students participating in and completing 10 registered graduate-level teacher and educational leader programs. 11 § 3. Section 305 of the education law is amended by adding a new 12 subdivision 57 to read as follows: 13 57. The commissioner, in cooperation with the commissioner of the 14 division of human rights, shall establish and develop a respect for 15 diversity program within the department for the eighth and ninth grade. 16 Such program shall include but not be limited to age-appropriate model 17 curriculum, exemplar lesson plans, and best practice instructional 18 resources designed to promote awareness and respect for diversity, 19 including but not limited to respect for diversity of race, color, 20 weight, national origin, ethnic group, religion, religious practice, 21 disability, sexual orientation, gender, or sex. 22 § 4. The education law is amended by adding a new section 3614 to read 23 as follows: 24 § 3614. Statement of the total funding allocation. Notwithstanding 25 any provision of law, rule or regulation to the contrary, commencing 26 with the two thousand eighteen--two thousand nineteen school year for 27 school districts located in a city with a population of one hundred 28 twenty-five thousand or more, such school districts shall annually 29 submit and make publicly available, including on the district website, a 30 detailed statement of the total funding allocation for each school in 31 the district for the upcoming school budget year prior to the first day 32 of such school year, provided that: 33 1. Such statements shall be in a form developed by the commissioner, 34 provided that when preparing statements districts shall adhere to and 35 complete the prescribed form accurately and fully. Provided, further, 36 that each local educational agency shall include in such statement the 37 approach used to allocate funds to each school and that such statement 38 shall include but not be limited to separate entries for each individual 39 school, demographic data for the school, per pupil funding level, source 40 of funds, and uniform decision rules regarding allocation of centralized 41 spending to individual schools from both state and local funds. 42 2. Nothing in this section shall alter or suspend statutory school 43 district budget and voting requirements. 44 § 5. Paragraph b of subdivision 6-g of section 3602 of the education 45 law, as amended by section 11-a of part A of chapter 54 of the laws of 46 2016, is amended to read as follows: 47 b. The apportionment shall equal the product of (1) the sum of: 48 for aid payable for expenses incurred pursuant to subparagraph five of 49 paragraph (e) of subdivision three of section twenty-eight hundred 50 fifty-three of this chapter where the charter school prevails on appeal, 51 the annual approved expenses incurred by the city school district pursu- 52 ant to such subparagraph five multiplied by 53 (2) six-tenths, provided, however, that the apportionment payable 54 pursuant to this subdivision shall not exceed ten million dollars. 55 § 6. Clauses (A) and (B) of subparagraph 5 of paragraph e of subdivi- 56 sion 3 of section 2853 of the education law, clause (A) as amended byS. 7506--A 9 1 section 11 of part A of chapter 54 of the laws of 2016, and clause (B) 2 as amended by section 5 of part YYY of chapter 59 of the laws of 2017, 3 are amended to read as follows: 4 (A) the actual rental cost, including but not limited to lease 5 payments, costs of capital improvements, costs of occupancy, maintenance 6 and repairs, utilities, custodial, security, insurance and real property 7 taxes, of an alternative privately owned site selected by the charter 8 school or 9 (B) [thirty] forty percent of the product of the charter school's 10 basic tuition for the current school year and (i) for a new charter 11 school that first commences instruction on or after July first, two 12 thousand fourteen, the charter school's current year enrollment; or (ii) 13 for a charter school which expands its grade level, pursuant to this 14 article, the positive difference of the charter school's enrollment in 15 the current school year minus the charter school's enrollment in the 16 school year prior to the first year of the expansion. 17 § 7. Intentionally omitted. 18 § 8. Intentionally omitted. 19 § 9. Paragraph r of subdivision 1 of section 3602 of the education 20 law, as amended by section 11 of part B of chapter 57 of the laws of 21 2007, is amended to read as follows: 22 r. "Sparsity count", for districts operating a kindergarten through 23 grade twelve school program, shall mean the product of (i) the base year 24 public school enrollment of the district and (ii) the sparsity factor, 25 which shall mean the quotient, computed to three decimals without round- 26 ing, of the positive remainder of twenty-five minus the enrollment per 27 square mile divided by fifty and nine tenths, but not less than zero. 28 Enrollment per square mile shall be the quotient, computed to two deci- 29 mals without rounding, of the public school enrollment of the school 30 district on the date enrollment was counted in accordance with this 31 subdivision for the base year divided by the square miles of the 32 district, as determined by the commissioner. 33 § 9-a. Intentionally omitted. 34 § 9-b. Intentionally omitted. 35 § 9-c. Intentionally omitted. 36 § 9-d. Intentionally omitted. 37 § 10. The closing paragraph of subdivision 5-a of section 3602 of the 38 education law, as amended by section 22 of part YYY of chapter 59 of the 39 laws of 2017, is amended to read as follows: 40 For the two thousand eight--two thousand nine school year, each school 41 district shall be entitled to an apportionment equal to the product of 42 fifteen percent and the additional apportionment computed pursuant to 43 this subdivision for the two thousand seven--two thousand eight school 44 year. For the two thousand nine--two thousand ten through two thousand 45 [seventeen] eighteen--two thousand [eighteen] nineteen school years, 46 each school district shall be entitled to an apportionment equal to the 47 amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS 48 COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid 49 computer listing produced by the commissioner in support of the budget 50 for the two thousand nine--two thousand ten school year and entitled 51 "SA0910". 52 § 11. Intentionally omitted. 53 § 12. Intentionally omitted. 54 § 13. Subdivision 12 of section 3602 of the education law, as amended 55 by section 3 of part A of chapter 56 of the laws of 2015, the fourth 56 undesignated paragraph as added by section 3 of part A of chapter 54 ofS. 7506--A 10 1 the laws of 2016, the closing paragraph as added by section 24 of part 2 YYY of chapter 59 of the laws of 2017, is amended to read as follows: 3 12. Academic enhancement aid. A school district that as of April first 4 of the base year has been continuously identified as a district in need 5 of improvement for at least five years shall, for the two thousand 6 eight--two thousand nine school year, be entitled to an additional 7 apportionment equal to the positive remainder, if any, of (a) the lesser 8 of fifteen million dollars or the product of the total foundation aid 9 base, as defined by paragraph j of subdivision one of this section, 10 multiplied by ten percent (0.10), less (b) the positive remainder of (i) 11 the sum of the total foundation aid apportioned pursuant to subdivision 12 four of this section and the supplemental educational improvement grants 13 apportioned pursuant to subdivision eight of section thirty-six hundred 14 forty-one of this article, less (ii) the total foundation aid base. 15 For the two thousand nine--two thousand ten through two thousand four- 16 teen--two thousand fifteen school years, each school district shall be 17 entitled to an apportionment equal to the amount set forth for such 18 school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading 19 "2008-09 BASE YEAR AIDS" in the school aid computer listing produced by 20 the commissioner in support of the budget for the two thousand nine--two 21 thousand ten school year and entitled "SA0910", and such apportionment 22 shall be deemed to satisfy the state obligation to provide an apportion- 23 ment pursuant to subdivision eight of section thirty-six hundred forty- 24 one of this article. 25 For the two thousand fifteen--two thousand sixteen year, each school 26 district shall be entitled to an apportionment equal to the amount set 27 forth for such school district as "ACADEMIC ENHANCEMENT" under the head- 28 ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced 29 by the commissioner in support of the budget for the two thousand four- 30 teen--two thousand fifteen school year and entitled "SA141-5", and such 31 apportionment shall be deemed to satisfy the state obligation to provide 32 an apportionment pursuant to subdivision eight of section thirty-six 33 hundred forty-one of this article. 34 For the two thousand sixteen--two thousand seventeen school year, each 35 school district shall be entitled to an apportionment equal to the 36 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 37 under the heading "2015-16 ESTIMATED AIDS" in the school aid computer 38 listing produced by the commissioner in support of the budget for the 39 two thousand fifteen--two thousand sixteen school year and entitled 40 "SA151-6", and such apportionment shall be deemed to satisfy the state 41 obligation to provide an apportionment pursuant to subdivision eight of 42 section thirty-six hundred forty-one of this article. 43 For the two thousand seventeen--two thousand eighteen school year, 44 each school district shall be entitled to an apportionment equal to the 45 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 46 under the heading "2016-17 ESTIMATED AIDS" in the school aid computer 47 listing produced by the commissioner in support of the budget for the 48 two thousand sixteen--two thousand seventeen school year and entitled 49 "SA161-7", and such apportionment shall be deemed to satisfy the state 50 obligation to provide an apportionment pursuant to subdivision eight of 51 section thirty-six hundred forty-one of this article. 52 For the two thousand eighteen--two thousand nineteen school year, each 53 school district shall be entitled to an apportionment equal to the 54 amount set forth for such school district as "ACADEMIC ENHANCEMENT" 55 under the heading "2017-18 ESTIMATED AIDS" in the school aid computer 56 listing produced by the commissioner in support of the budget for theS. 7506--A 11 1 two thousand seventeen--two thousand eighteen school year and entitled 2 "SA171-8", and such apportionment shall be deemed to satisfy the state 3 obligation to provide an apportionment pursuant to subdivision eight of 4 section thirty-six hundred forty-one of this article. 5 § 14. The opening paragraph of subdivision 16 of section 3602 of the 6 education law, as amended by section 25 of part YYY of chapter 59 of the 7 laws of 2017, is amended to read as follows: 8 Each school district shall be eligible to receive a high tax aid 9 apportionment in the two thousand eight--two thousand nine school year, 10 which shall equal the greater of (i) the sum of the tier 1 high tax aid 11 apportionment, the tier 2 high tax aid apportionment and the tier 3 high 12 tax aid apportionment or (ii) the product of the apportionment received 13 by the school district pursuant to this subdivision in the two thousand 14 seven--two thousand eight school year, multiplied by the due-minimum 15 factor, which shall equal, for districts with an alternate pupil wealth 16 ratio computed pursuant to paragraph b of subdivision three of this 17 section that is less than two, seventy percent (0.70), and for all other 18 districts, fifty percent (0.50). Each school district shall be eligible 19 to receive a high tax aid apportionment in the two thousand nine--two 20 thousand ten through two thousand twelve--two thousand thirteen school 21 years in the amount set forth for such school district as "HIGH TAX AID" 22 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer 23 listing produced by the commissioner in support of the budget for the 24 two thousand nine--two thousand ten school year and entitled "SA0910". 25 Each school district shall be eligible to receive a high tax aid appor- 26 tionment in the two thousand thirteen--two thousand fourteen through two 27 thousand [seventeen] eighteen--two thousand [eighteen] nineteen school 28 years equal to the greater of (1) the amount set forth for such school 29 district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in 30 the school aid computer listing produced by the commissioner in support 31 of the budget for the two thousand nine--two thousand ten school year 32 and entitled "SA0910" or (2) the amount set forth for such school 33 district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in 34 the school aid computer listing produced by the commissioner in support 35 of the executive budget for the 2013-14 fiscal year and entitled 36 "BT131-4". 37 § 15. The opening paragraph of subdivision 10 of section 3602-e of the 38 education law, as amended by section 26 of part YYY of chapter 59 of the 39 laws of 2017, is amended to read as follows: 40 Notwithstanding any provision of law to the contrary, (i) for aid 41 payable in the two thousand eight--two thousand nine school year, the 42 grant to each eligible school district for universal prekindergarten aid 43 shall be computed pursuant to this subdivision, and (ii) for the two 44 thousand nine--two thousand ten and two thousand ten--two thousand elev- 45 en school years, each school district shall be eligible for a maximum 46 grant equal to the amount computed for such school district for the base 47 year in the electronic data file produced by the commissioner in support 48 of the two thousand nine--two thousand ten education, labor and family 49 assistance budget, provided, however, that in the case of a district 50 implementing programs for the first time or implementing expansion 51 programs in the two thousand eight--two thousand nine school year where 52 such programs operate for a minimum of ninety days in any one school 53 year as provided in section 151-1.4 of the regulations of the commis- 54 sioner, for the two thousand nine--two thousand ten and two thousand 55 ten--two thousand eleven school years, such school district shall be 56 eligible for a maximum grant equal to the amount computed pursuant toS. 7506--A 12 1 paragraph a of subdivision nine of this section in the two thousand 2 eight--two thousand nine school year, and (iii) for the two thousand 3 eleven--two thousand twelve school year each school district shall be 4 eligible for a maximum grant equal to the amount set forth for such 5 school district as "UNIVERSAL PREKINDERGARTEN" under the heading "2011- 6 12 ESTIMATED AIDS" in the school aid computer listing produced by the 7 commissioner in support of the enacted budget for the 2011-12 school 8 year and entitled "SA111-2", and (iv) for two thousand twelve--two thou- 9 sand thirteen through two thousand sixteen--two thousand seventeen 10 school years each school district shall be eligible for a maximum grant 11 equal to the greater of (A) the amount set forth for such school 12 district as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE 13 YEAR AIDS" in the school aid computer listing produced by the commis- 14 sioner in support of the enacted budget for the 2011-12 school year and 15 entitled "SA111-2", or (B) the amount set forth for such school district 16 as "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE YEAR 17 AIDS" in the school aid computer listing produced by the commissioner on 18 May fifteenth, two thousand eleven pursuant to paragraph b of subdivi- 19 sion twenty-one of section three hundred five of this chapter, and (v) 20 for the two thousand seventeen--two thousand eighteen and two thousand 21 eighteen--two thousand nineteen school [year] years, each school 22 district shall be eligible to receive a grant amount equal to the sum of 23 (A) the amount set forth for such school district as "UNIVERSAL PREKIN- 24 DERGARTEN" under the heading "2016-17 ESTIMATED AIDS" in the school aid 25 computer listing produced by the commissioner in support of the enacted 26 budget for the two thousand sixteen--two thousand seventeen school year 27 and entitled "SA161-7" plus (B) the amount awarded to such school 28 district for the priority full-day prekindergarten and expanded half-day 29 prekindergarten grant program for high need students for the two thou- 30 sand sixteen--two thousand seventeen school year pursuant to chapter 31 fifty-three of the laws of two thousand thirteen, and (vi) for the two 32 thousand [eighteen] nineteen--two thousand [nineteen] twenty school 33 year, each school district shall be eligible to receive a grant amount 34 equal to the sum of (A) the amount set forth for such school district as 35 "UNIVERSAL PREKINDERGARTEN" in the school aid computer listing produced 36 by the commissioner in support of the enacted budget for the two thou- 37 sand [seventeen] eighteen--two thousand [eighteen] nineteen school year 38 plus (B) the amount awarded to such school district for the federal 39 preschool development expansion grant for the two thousand seventeen-- 40 two thousand eighteen school year pursuant to the American Recovery and 41 Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 14013, Title 42 XIV, (Public Law 112-10), as amended by section 1832(b) of Division B of 43 the Department of Defense and Full-Year Continuing Appropriations Act, 44 2011 (Pub. L. 112-10), and the Department of Education Appropriations 45 Act, 2012 (Title III Division F of Pub. L. 112-74, the Consolidated 46 Appropriations Act, 2012)[, and (vii) for the two thousand nineteen--two47thousand twenty school year, each school district shall be eligible to48receive a grant amount equal to the sum of (A) the amount set forth for49such school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the50computer file produced by the commissioner in support of the enacted51budget for the two thousand eighteen--two thousand nineteen school year] 52 plus [(B)] (C) the amount awarded to such school district for the 53 expanded prekindergarten program for three and four year-olds for the 54 two thousand eighteen--two thousand nineteen school year pursuant to 55 chapter sixty-one of the laws of two thousand fifteen plus [(C)] (D) the 56 amount awarded to such school district for the expanded prekindergartenS. 7506--A 13 1 for three-year-olds in high need districts program for the two thousand 2 eighteen--two thousand nineteen school year pursuant to chapter fifty- 3 three of the laws of two thousand sixteen plus [(D)] (E) the amount 4 awarded to such school district for the expanded prekindergarten program 5 for three- and four-year-olds for the two thousand eighteen--two thou- 6 sand nineteen school year pursuant to a chapter of the laws of two thou- 7 sand seventeen plus [(E)] (F) the amount awarded to such school 8 district, subject to an available appropriation, through the pre-kinder- 9 garten expansion grant for the two thousand eighteen--two thousand nine- 10 teen school year, provided that such school district has met all 11 requirements pursuant to this section, and [(viii)] (vii) for the two 12 thousand twenty--two thousand twenty-one school year and thereafter, 13 each school district shall be eligible to receive a grant amount equal 14 to the sum of (A) the amount set forth for such school district as 15 "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the computer file produced by 16 the commissioner in support of the enacted budget for the prior year 17 plus (B) the amount awarded to such school district, subject to an 18 available appropriation, through the pre-kindergarten expansion grant 19 for the prior year, provided that such school district has met all 20 requirements pursuant to this section, and provided further that the 21 maximum grant shall not exceed the total actual grant expenditures 22 incurred by the school district in the current school year as approved 23 by the commissioner. 24 § 16. Subparagraphs (ii) and (iii) of paragraph b of subdivision 10 of 25 section 3602-e of the education law, as amended by section 26 of part 26 YYY of chapter 59 of the laws of 2017, are amended to read as follows: 27 (ii) "Full-day prekindergarten pupils" shall equal: 28 For the two thousand seventeen--two thousand eighteen school year the 29 sum of, from the priority full-day prekindergarten program, (A) the 30 maximum aidable pupils such district was eligible to serve in the base 31 year plus (B) the maximum aidable number of half-day prekindergarten 32 pupils converted into a full-day prekindergarten pupil in the base year; 33 For the two thousand eighteen--two thousand nineteen school year the 34 sum of, from [each of (A)] the programs pursuant to this section [and35(B) the federal preschool development expansion grant, (1)], (A) the 36 maximum aidable full-day prekindergarten pupils such district was eligi- 37 ble to serve in the base year plus [(2)] (B) the maximum aidable number 38 of half-day prekindergarten pupils converted into a full-day prekinder- 39 garten pupil in the base year; 40 For the two thousand nineteen--two thousand twenty school year the sum 41 of, from each of (A) the programs pursuant to this section, (B) the 42 federal preschool development expansion grant, (C) the expanded prekin- 43 dergarten program, [(C)] (D) the expanded prekindergarten for three- 44 year-olds, [(D)] (E) the expanded prekindergarten program for three- and 45 four-year-olds, and [(E)] (F) the prekindergarten expansion grant, (1) 46 the maximum aidable full-day prekindergarten pupils such district was 47 eligible to serve in the base year, plus (2) the maximum aidable number 48 of half-day prekindergarten pupils converted into a full-day prekinder- 49 garten pupil in the base year; 50 For the two thousand twenty--two thousand twenty-one school year and 51 thereafter the sum of, from each of (A) the programs pursuant to this 52 section and (B) the pre-kindergarten expansion grant, (1) the maximum 53 aidable full-day prekindergarten pupils such district was eligible to 54 serve in the base year, plus (2) the maximum aidable number of half-day 55 prekindergarten pupils converted into a full-day prekindergarten pupil 56 in the base year;S. 7506--A 14 1 (iii) "Half-day prekindergarten pupils" shall equal: 2 For the two thousand seventeen--two thousand eighteen school year the 3 sum of the maximum aidable half-day prekindergarten pupils such district 4 was eligible to serve for the base year from (A) the program pursuant to 5 this section plus such pupils from (B) the priority full-day prekinder- 6 garten program, less the maximum aidable number of half-day prekinder- 7 garten pupils converted into a full-day prekindergarten pupil under the 8 priority full-day prekindergarten program for the base year; 9 For the two thousand eighteen--two thousand nineteen school year the 10 maximum aidable half-day prekindergarten pupils such district was eligi- 11 ble to serve for the base year from [(A) the program pursuant to this12section less (B) the maximum aidable number of half-day prekindergarten13pupils converted into a full-day prekindergarten pupil under the federal14preschool development expansion grant for the base year] the program 15 pursuant to this section; 16 For the two thousand nineteen--two thousand twenty school year the sum 17 of the maximum aidable half-day prekindergarten pupils such district was 18 eligible to serve for the base year from (A) the program pursuant to 19 this section plus such pupils from (B) the expanded prekindergarten 20 program plus such pupils from (C) the expanded prekindergarten for 21 three-year-olds plus such pupils from (D) the expanded prekindergarten 22 program for three- and four-year-olds plus such pupils from (E) the 23 prekindergarten expansion grant, less the sum of the maximum aidable 24 number of half-day prekindergarten pupils converted into a full-day 25 prekindergarten pupil under each of (1) the federal preschool expansion 26 grant for the base year plus such pupils from (2) the expanded prekin- 27 dergarten program plus such pupils from [(2)] (3) the expanded prekin- 28 dergarten for three-year-olds plus such pupils from [(3)] (4) the 29 expanded prekindergarten program for three- and four-year-olds plus such 30 pupils from [(4)] (5) the prekindergarten expansion grant for the base 31 year; 32 For the two thousand twenty--two thousand twenty-one school year and 33 thereafter the sum of the maximum aidable half-day prekindergarten 34 pupils such district was eligible to serve for the base year from (A) 35 the program pursuant to this section plus such pupils from (B) the pre- 36 kindergarten expansion grant, less the maximum aidable number of half- 37 day prekindergarten pupils converted into a full-day prekindergarten 38 pupil under the prekindergarten expansion grant for the base year; 39 § 17. The closing paragraph of paragraph b of subdivision 10 of 40 section 3602-e of the education law, as amended by section 26 of part 41 YYY of chapter 59 of the laws of 2017, is amended to read as follows: 42 For the purposes of this paragraph: 43 (A) "Priority full-day prekindergarten program" shall mean the priori- 44 ty full-day prekindergarten and expanded half-day prekindergarten grant 45 program for high need students pursuant to chapter fifty-three of the 46 laws of two thousand thirteen; 47 (B)"Federal preschool development expansion grant" shall mean the 48 federal preschool development expansion grant pursuant to the American 49 Recovery and Reinvestment Act of 2009 (ARRA), Sections 14005, 14006, and 50 14013, Title XIV, (Public Law 112-10), as amended by section 1832(b) of 51 Division B of the Department of Defense and Full-Year Continuing Appro- 52 priations Act, 2011 (Pub. L. 112-10), and the Department of Education 53 Appropriations Act, 2012 (Title III Division F of Pub. L. 112-74, the 54 Consolidated Appropriations Act, 2012);S. 7506--A 15 1 (C) "Expanded prekindergarten program" shall mean the expanded prekin- 2 dergarten program for three- and four year-olds pursuant to chapter 3 sixty-one of the laws of two thousand fifteen; 4 (D) "Expanded prekindergarten for three-year-olds" shall mean the 5 expanded prekindergarten for three-year-olds in high need districts 6 program pursuant to chapter fifty-three of the laws of two thousand 7 sixteen; 8 (E) "Expanded prekindergarten program for three- and four-year-olds" 9 shall mean the expanded prekindergarten program for three- and four- 10 year-olds pursuant to a chapter of the laws of two thousand seventeen; 11 (F) "Prekindergarten expansion grant" shall mean the prekindergarten 12 expansion grant for the two thousand eighteen--two thousand nineteen 13 school year and thereafter, pursuant to subdivision eighteen of this 14 section, to the extent such program was available subject to appropri- 15 ation, and provided that such school district has met all requirements 16 pursuant to this section. 17 § 18. Subdivision 11 of section 3602-e of the education law, as 18 amended by section 27 of part YYY of chapter 59 of the laws of 2017, is 19 amended to read as follows: 20 11. Maintenance of effort reduction. Where a school district's current 21 year prekindergarten pupils served is less than its prekindergarten 22 maintenance of effort base, the school district shall have its current 23 year apportionment [reduced by] equal to the product of the maintenance 24 of effort factor computed in paragraph b of subdivision ten of this 25 section multiplied by the grant amount it was eligible to receive pursu- 26 ant to subdivision ten of this section. 27 § 19. Subdivision 16 of section 3602-ee of the education law, as 28 amended by section 31 of part YYY of chapter 59 of the laws of 2017, is 29 amended to read as follows: 30 16. The authority of the department to administer the universal full- 31 day pre-kindergarten program shall expire June thirtieth, two thousand 32 [eighteen] nineteen; provided that the program shall continue and remain 33 in full effect. 34 § 20. Intentionally omitted. 35 § 21. The opening paragraph of section 3609-a of the education law, as 36 amended by section 33 of part YYY of chapter 59 of the laws of 2017, is 37 amended to read as follows: 38 For aid payable in the two thousand seven--two thousand eight school 39 year through the two thousand seventeen--two thousand eighteen school 40 year, "moneys apportioned" shall mean the lesser of (i) the sum of one 41 hundred percent of the respective amount set forth for each school 42 district as payable pursuant to this section in the school aid computer 43 listing for the current year produced by the commissioner in support of 44 the budget which includes the appropriation for the general support for 45 public schools for the prescribed payments and individualized payments 46 due prior to April first for the current year plus the apportionment 47 payable during the current school year pursuant to subdivision six-a and 48 subdivision fifteen of section thirty-six hundred two of this part minus 49 any reductions to current year aids pursuant to subdivision seven of 50 section thirty-six hundred four of this part or any deduction from 51 apportionment payable pursuant to this chapter for collection of a 52 school district basic contribution as defined in subdivision eight of 53 section forty-four hundred one of this chapter, less any grants provided 54 pursuant to subparagraph two-a of paragraph b of subdivision four of 55 section ninety-two-c of the state finance law, less any grants provided 56 pursuant to subdivision six of section ninety-seven-nnnn of the stateS. 7506--A 16 1 finance law, less any grants provided pursuant to subdivision twelve of 2 section thirty-six hundred forty-one of this article, or (ii) the appor- 3 tionment calculated by the commissioner based on data on file at the 4 time the payment is processed; provided however, that for the purposes 5 of any payments made pursuant to this section prior to the first busi- 6 ness day of June of the current year, moneys apportioned shall not 7 include any aids payable pursuant to subdivisions six and fourteen, if 8 applicable, of section thirty-six hundred two of this part as current 9 year aid for debt service on bond anticipation notes and/or bonds first 10 issued in the current year or any aids payable for full-day kindergarten 11 for the current year pursuant to subdivision nine of section thirty-six 12 hundred two of this part. The definitions of "base year" and "current 13 year" as set forth in subdivision one of section thirty-six hundred two 14 of this part shall apply to this section. [For aid payable in the two15thousand seventeen--two thousand eighteen school year, reference to such16"school aid computer listing for the current year" shall mean the print-17outs entitled "SA171-8"] For aid payable in the two thousand eighteen-- 18 two thousand nineteen school year and thereafter, "moneys apportioned" 19 shall mean the lesser of: (i) the sum of one hundred percent of the 20 respective amount set forth for each school district as payable pursuant 21 to this section in the school aid computer listing for the current year 22 produced by the commissioner in support of the executive budget request 23 which includes the appropriation for the general support for public 24 schools for the prescribed payments and individualized payments due 25 prior to April first for the current year plus the apportionment payable 26 during the current school year pursuant to subdivisions six-a and 27 fifteen of section thirty-six hundred two of this part minus any 28 reductions to current year aids pursuant to subdivision seven of section 29 thirty-six hundred four of this part or any deduction from apportionment 30 payable pursuant to this chapter for collection of a school district 31 basic contribution as defined in subdivision eight of section forty-four 32 hundred one of this chapter, less any grants provided pursuant to 33 subparagraph two-a of paragraph b of subdivision four of section nine- 34 ty-two-c of the state finance law, less any grants provided pursuant to 35 subdivision six of section ninety-seven-nnnn of the state finance law, 36 less any grants provided pursuant to subdivision twelve of section thir- 37 ty-six hundred forty-one of this article, or (ii) the apportionment 38 calculated by the commissioner based on data on file at the time the 39 payment is processed; provided however, that for the purposes of any 40 payments made pursuant to this section prior to the first business day 41 of June of the current year, moneys apportioned shall not include any 42 aids payable pursuant to subdivisions six and fourteen, if applicable, 43 of section thirty-six hundred two of this part as current year aid for 44 debt service on bond anticipation notes and/or bonds first issued in the 45 current year or any aids payable for full-day kindergarten for the 46 current year pursuant to subdivision nine of section thirty-six hundred 47 two of this part. For aid payable in the two thousand eighteen--two 48 thousand nineteen school year, reference to such "school aid computer 49 listing for the current year" shall mean the printouts entitled 50 "SA181-9". 51 § 22. Paragraph b of subdivision 2 of section 3612 of the education 52 law, as amended by section 34 of part YYY of chapter 59 of the laws of 53 2017, is amended to read as follows: 54 b. Such grants shall be awarded to school districts, within the limits 55 of funds appropriated therefor, through a competitive process that takes 56 into consideration the magnitude of any shortage of teachers in theS. 7506--A 17 1 school district, the number of teachers employed in the school district 2 who hold temporary licenses to teach in the public schools of the state, 3 the number of provisionally certified teachers, the fiscal capacity and 4 geographic sparsity of the district, the number of new teachers the 5 school district intends to hire in the coming school year and the number 6 of summer in the city student internships proposed by an eligible school 7 district, if applicable. Grants provided pursuant to this section shall 8 be used only for the purposes enumerated in this section. Notwithstand- 9 ing any other provision of law to the contrary, a city school district 10 in a city having a population of one million or more inhabitants receiv- 11 ing a grant pursuant to this section may use no more than eighty percent 12 of such grant funds for any recruitment, retention and certification 13 costs associated with transitional certification of teacher candidates 14 for the school years two thousand one--two thousand two through two 15 thousand [seventeen] eighteen--two thousand [eighteen] nineteen. 16 § 23. Subdivision 6 of section 4402 of the education law, as amended 17 by section 35 of part YYY of chapter 59 of the laws of 2017, is amended 18 to read as follows: 19 6. Notwithstanding any other law, rule or regulation to the contrary, 20 the board of education of a city school district with a population of 21 one hundred twenty-five thousand or more inhabitants shall be permitted 22 to establish maximum class sizes for special classes for certain 23 students with disabilities in accordance with the provisions of this 24 subdivision. For the purpose of obtaining relief from any adverse fiscal 25 impact from under-utilization of special education resources due to low 26 student attendance in special education classes at the middle and 27 secondary level as determined by the commissioner, such boards of educa- 28 tion shall, during the school years nineteen hundred ninety-five--nine- 29 ty-six through June thirtieth, two thousand [eighteen] nineteen of the 30 two thousand [seventeen] eighteen--two thousand [eighteen] nineteen 31 school year, be authorized to increase class sizes in special classes 32 containing students with disabilities whose age ranges are equivalent to 33 those of students in middle and secondary schools as defined by the 34 commissioner for purposes of this section by up to but not to exceed one 35 and two tenths times the applicable maximum class size specified in 36 regulations of the commissioner rounded up to the nearest whole number, 37 provided that in a city school district having a population of one 38 million or more, classes that have a maximum class size of fifteen may 39 be increased by no more than one student and provided that the projected 40 average class size shall not exceed the maximum specified in the appli- 41 cable regulation, provided that such authorization shall terminate on 42 June thirtieth, two thousand. Such authorization shall be granted upon 43 filing of a notice by such a board of education with the commissioner 44 stating the board's intention to increase such class sizes and a certif- 45 ication that the board will conduct a study of attendance problems at 46 the secondary level and will implement a corrective action plan to 47 increase the rate of attendance of students in such classes to at least 48 the rate for students attending regular education classes in secondary 49 schools of the district. Such corrective action plan shall be submitted 50 for approval by the commissioner by a date during the school year in 51 which such board increases class sizes as provided pursuant to this 52 subdivision to be prescribed by the commissioner. Upon at least thirty 53 days notice to the board of education, after conclusion of the school 54 year in which such board increases class sizes as provided pursuant to 55 this subdivision, the commissioner shall be authorized to terminate suchS. 7506--A 18 1 authorization upon a finding that the board has failed to develop or 2 implement an approved corrective action plan. 3 § 24. Intentionally omitted. 4 § 25. 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 44 of part YYY of chapter 59 of the laws of 2017, is amended to read as 8 follows: 9 b. Reimbursement for programs approved in accordance with subdivision 10 a of this section for the [2015--2016 school year shall not exceed 60.711percent of the lesser of such approvable costs per contact hour or thir-12teen dollars and forty cents per contact hour, reimbursement for the] 13 2016--2017 school year shall not exceed 60.3 percent of the lesser of 14 such approvable costs per contact hour or thirteen dollars ninety cents 15 per contact hour, [and] reimbursement for the 2017--2018 school year 16 shall not exceed 60.4 percent of the lesser of such approvable costs per 17 contact hour or thirteen dollars and ninety cents per contact hour, and 18 reimbursement for the 2018--2019 school year shall not exceed 59.4 19 percent of the lesser of such approvable costs per contact hour or four- 20 teen dollars and seventy-five cents per contact hour, where a contact 21 hour represents sixty minutes of instruction services provided to an 22 eligible adult. Notwithstanding any other provision of law to the 23 contrary, [for the 2015--2016 school year such contact hours shall not24exceed one million five hundred ninety-nine thousand fifteen (1,599,015)25hours; whereas] for the 2016--2017 school year such contact hours shall 26 not exceed one million five hundred fifty-one thousand three hundred 27 twelve (1,551,312); [and] whereas for the 2017--2018 school year such 28 contact hours shall not exceed one million five hundred forty-nine thou- 29 sand four hundred sixty-three (1,549,463); and for the 2018--2019 school 30 year such contact hours shall not exceed one million five hundred 31 forty-nine thousand four hundred sixty-three (1,549,463). Notwithstand- 32 ing any other provision of law to the contrary, the apportionment calcu- 33 lated for the city school district of the city of New York pursuant to 34 subdivision 11 of section 3602 of the education law shall be computed as 35 if such contact hours provided by the consortium for worker education, 36 not to exceed the contact hours set forth herein, were eligible for aid 37 in accordance with the provisions of such subdivision 11 of section 3602 38 of the education law. 39 § 26. 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 w to read as follows: 43 w. The provisions of this subdivision shall not apply after the 44 completion of payments for the 2018--2019 school year. Notwithstanding 45 any 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 § 27. 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 46 of part YYY 54 of chapter 59 of the laws of 2017, 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, [2018] 2019.S. 7506--A 19 1 § 28. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws 2 of 1995, amending the education law and certain other laws relating to 3 state aid to school districts and the appropriation of funds for the 4 support of government, as amended by section 47 of part YYY of chapter 5 59 of the laws of 2017, are amended to read as follows: 6 (22) sections one hundred twelve, one hundred thirteen, one hundred 7 fourteen, one hundred fifteen and one hundred sixteen of this act shall 8 take effect on July 1, 1995; provided, however, that section one hundred 9 thirteen of this act shall remain in full force and effect until July 1, 10 [2018] 2019 at which time it shall be deemed repealed; 11 (24) sections one hundred eighteen through one hundred thirty of this 12 act shall be deemed to have been in full force and effect on and after 13 July 1, 1995; provided further, however, that the amendments made pursu- 14 ant to section one hundred twenty-four of this act shall be deemed to be 15 repealed on and after July 1, [2018] 2019; 16 § 29. The education law is amended by adding a new section 4403-a to 17 read as follows: 18 § 4403-a. Waivers from certain duties. 1. A local school district, 19 approved private school or board of cooperative educational services may 20 submit an application for a waiver from any requirement imposed on such 21 district, school or board of cooperative educational services pursuant 22 to section forty-four hundred two or section forty-four hundred three of 23 this article, and regulations promulgated thereunder, for a specific 24 school year. Such application must be submitted at least sixty days in 25 advance of the proposed date on which the waiver would be effective and 26 shall be in a form prescribed by the commissioner. 27 2. Before submitting an application for a waiver, the local school 28 district, approved private school or board of cooperative educational 29 services shall provide notice of the proposed waiver to the parents or 30 persons in parental relationship to the students that would be impacted 31 by the waiver if granted. Such notice shall be in a form and manner that 32 will ensure that such parents and persons in parental relationship will 33 be aware of all relevant changes that would occur under the waiver, and 34 shall include information on the form, manner and date by which parents 35 may submit written comments on the proposed waiver. The local school 36 district, approved private school, or board of cooperative educational 37 services shall provide at least sixty days for such parents and persons 38 in parental relationship to submit written comments, and shall include 39 in the waiver application submitted to the commissioner pursuant to 40 subdivision one of this section any written comments received from such 41 parents or persons in parental relationship to such students. 42 3. The commissioner may grant a waiver from any requirement imposed on 43 a local school district, approved private school or board of cooperative 44 educational services pursuant to section forty-four hundred two or 45 section forty-four hundred three of this article, upon a finding that 46 such waiver will enable a local school district, approved private school 47 or board of cooperative educational services to implement an innovative 48 special education program that is consistent with applicable federal 49 requirements, and will enhance student achievement and/or opportunities 50 for placement in regular classes and programs. In making such determi- 51 nation, the commissioner shall consider any comments received by the 52 local school district, approved private school or board of cooperative 53 educational services from parents or persons in parental relation to the 54 students that would be directly affected by the waiver if granted. 55 4. Any local school district, approved private school or board of 56 cooperative educational services granted a waiver shall submit an annualS. 7506--A 20 1 report to the commissioner regarding the operation and evaluation of the 2 program no later than thirty days after the end of each school year for 3 which a waiver is granted. 4 § 30. Section 8 of chapter 89 of the laws of 2016, relating to supple- 5 mentary funding for dedicated programs for public school students in the 6 East Ramapo central school district, as amended by section 49 of part 7 YYY of chapter 59 of the laws of 2017, is amended to read as follows: 8 § 8. This act shall take effect July 1, 2016 and shall expire and be 9 deemed repealed June 30, [2018] 2019, except that paragraph (b) of 10 section five of this act and section seven of this act shall expire and 11 be deemed repealed June 30, 2021. 12 § 31. Section 12 of chapter 147 of the laws of 2001, amending the 13 education law relating to conditional appointment of school district, 14 charter school or BOCES employees, as amended by section 50 of part YYY 15 of chapter 59 of the laws of 2017, is amended to read as follows: 16 § 12. This act shall take effect on the same date as chapter 180 of 17 the laws of 2000 takes effect, and shall expire July 1, [2018] 2019 when 18 upon such date the provisions of this act shall be deemed repealed. 19 § 32. Subdivision 1 of section 167 of chapter 169 of the laws of 1994, 20 relating to certain provisions related to the 1994-95 state operations, 21 aid to localities, capital projects and debt service budgets, as amended 22 by section 32 of part A of chapter 54 of the laws of 2016, is amended to 23 read as follows: 24 1. Sections one through seventy of this act shall be deemed to have 25 been in full force and effect as of April 1, 1994 provided, however, 26 that sections one, two, twenty-four, twenty-five and twenty-seven 27 through seventy of this act shall expire and be deemed repealed on March 28 31, 2000; provided, however, that section twenty of this act shall apply 29 only to hearings commenced prior to September 1, 1994, and provided 30 further that section twenty-six of this act shall expire and be deemed 31 repealed on March 31, 1997; and provided further that sections four 32 through fourteen, sixteen, and eighteen, nineteen and twenty-one through 33 twenty-one-a of this act shall expire and be deemed repealed on March 34 31, 1997; and provided further that sections three, fifteen, seventeen, 35 twenty, twenty-two and twenty-three of this act shall expire and be 36 deemed repealed on March 31, [2018] 2020. 37 § 33. Section 4 of chapter 425 of the laws of 2002, amending the 38 education law relating to the provision of supplemental educational 39 services, attendance at a safe public school and the suspension of 40 pupils who bring a firearm to or possess a firearm at a school, as 41 amended by section 12 of part YYY of chapter 59 of the laws of 2017, is 42 amended to read as follows: 43 § 4. This act shall take effect July 1, 2002 and shall expire and be 44 deemed repealed June 30, [2018] 2019. 45 § 34. Section 5 of chapter 101 of the laws of 2003, amending the 46 education law relating to the implementation of the No Child Left Behind 47 Act of 2001, as amended by section 13 of part YYY of chapter 59 of the 48 laws of 2017, is amended to read as follows: 49 § 5. This act shall take effect immediately; provided that sections 50 one, two and three of this act shall expire and be deemed repealed on 51 June 30, [2018] 2019. 52 § 35. Section 2 of subpart B of part AA of chapter 56 of the laws of 53 2014, amending the education law relating to providing that standardized 54 test scores shall not be included on a student's permanent record, is 55 amended to read as follows:S. 7506--A 21 1 § 2. This act shall take effect immediately and shall expire and be 2 deemed repealed on December 31, [2018] 2019. 3 § 36. School bus driver training. In addition to apportionments other- 4 wise provided by section 3602 of the education law, for aid payable in 5 the 2018-2019 school year, the commissioner of education shall allocate 6 school bus driver training grants to school districts and boards of 7 cooperative educational services pursuant to sections 3650-a, 3650-b and 8 3650-c of the education law, or for contracts directly with not-for-pro- 9 fit educational organizations for the purposes of this section. Such 10 payments shall not exceed four hundred thousand dollars ($400,000) per 11 school year. 12 § 37. Special apportionment for salary expenses. a. Notwithstanding 13 any other provision of law, upon application to the commissioner of 14 education, not sooner than the first day of the second full business 15 week of June 2019 and not later than the last day of the third full 16 business week of June 2019, a school district eligible for an apportion- 17 ment pursuant to section 3602 of the education law shall be eligible to 18 receive an apportionment pursuant to this section, for the school year 19 ending June 30, 2019, for salary expenses incurred between April 1 and 20 June 30, 2018 and such apportionment shall not exceed the sum of (i) the 21 deficit reduction assessment of 1990--1991 as determined by the commis- 22 sioner of education, pursuant to paragraph f of subdivision 1 of section 23 3602 of the education law, as in effect through June 30, 1993, plus (ii) 24 186 percent of such amount for a city school district in a city with a 25 population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of 26 such amount for a city school district in a city with a population of 27 more than 195,000 inhabitants and less than 219,000 inhabitants accord- 28 ing to the latest federal census, plus (iv) the net gap elimination 29 adjustment for 2010--2011, as determined by the commissioner of educa- 30 tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi- 31 nation adjustment for 2011--2012 as determined by the commissioner of 32 education pursuant to subdivision 17 of section 3602 of the education 33 law, and provided further that such apportionment shall not exceed such 34 salary expenses. Such application shall be made by a school district, 35 after the board of education or trustees have adopted a resolution to do 36 so and in the case of a city school district in a city with a population 37 in excess of 125,000 inhabitants, with the approval of the mayor of such 38 city. 39 b. The claim for an apportionment to be paid to a school district 40 pursuant to subdivision a of this section shall be submitted to the 41 commissioner of education on a form prescribed for such purpose, and 42 shall be payable upon determination by such commissioner that the form 43 has been submitted as prescribed. Such approved amounts shall be payable 44 on the same day in September of the school year following the year in 45 which application was made as funds provided pursuant to subparagraph 46 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 47 law, on the audit and warrant of the state comptroller on vouchers 48 certified or approved by the commissioner of education in the manner 49 prescribed by law from moneys in the state lottery fund and from the 50 general fund to the extent that the amount paid to a school district 51 pursuant to this section exceeds the amount, if any, due such school 52 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 53 section 3609-a of the education law in the school year following the 54 year in which application was made. 55 c. Notwithstanding the provisions of section 3609-a of the education 56 law, an amount equal to the amount paid to a school district pursuant toS. 7506--A 22 1 subdivisions a and b of this section shall first be deducted from the 2 following payments due the school district during the school year 3 following the year in which application was made pursuant to subpara- 4 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 5 section 3609-a of the education law in the following order: the lottery 6 apportionment payable pursuant to subparagraph (2) of such paragraph 7 followed by the fixed fall payments payable pursuant to subparagraph (4) 8 of such paragraph and then followed by the district's payments to the 9 teachers' retirement system pursuant to subparagraph (1) of such para- 10 graph, and any remainder to be deducted from the individualized payments 11 due the district pursuant to paragraph b of such subdivision shall be 12 deducted on a chronological basis starting with the earliest payment due 13 the district. 14 § 38. Special apportionment for public pension accruals. a. Notwith- 15 standing any other provision of law, upon application to the commission- 16 er of education, not later than June 30, 2019, a school district eligi- 17 ble for an apportionment pursuant to section 3602 of the education law 18 shall be eligible to receive an apportionment pursuant to this section, 19 for the school year ending June 30, 2019 and such apportionment shall 20 not exceed the additional accruals required to be made by school 21 districts in the 2004--2005 and 2005--2006 school years associated with 22 changes for such public pension liabilities. The amount of such addi- 23 tional accrual shall be certified to the commissioner of education by 24 the president of the board of education or the trustees or, in the case 25 of a city school district in a city with a population in excess of 26 125,000 inhabitants, the mayor of such city. Such application shall be 27 made by a school district, after the board of education or trustees have 28 adopted a resolution to do so and in the case of a city school district 29 in a city with a population in excess of 125,000 inhabitants, with the 30 approval of the mayor of such city. 31 b. The claim for an apportionment to be paid to a school district 32 pursuant to subdivision a of this section shall be submitted to the 33 commissioner of education on a form prescribed for such purpose, and 34 shall be payable upon determination by such commissioner that the form 35 has been submitted as prescribed. Such approved amounts shall be payable 36 on the same day in September of the school year following the year in 37 which application was made as funds provided pursuant to subparagraph 38 (4) of paragraph b of subdivision 4 of section 92-c of the state finance 39 law, on the audit and warrant of the state comptroller on vouchers 40 certified or approved by the commissioner of education in the manner 41 prescribed by law from moneys in the state lottery fund and from the 42 general fund to the extent that the amount paid to a school district 43 pursuant to this section exceeds the amount, if any, due such school 44 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of 45 section 3609-a of the education law in the school year following the 46 year in which application was made. 47 c. Notwithstanding the provisions of section 3609-a of the education 48 law, an amount equal to the amount paid to a school district pursuant to 49 subdivisions a and b of this section shall first be deducted from the 50 following payments due the school district during the school year 51 following the year in which application was made pursuant to subpara- 52 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of 53 section 3609-a of the education law in the following order: the lottery 54 apportionment payable pursuant to subparagraph (2) of such paragraph 55 followed by the fixed fall payments payable pursuant to subparagraph (4) 56 of such paragraph and then followed by the district's payments to theS. 7506--A 23 1 teachers' retirement system pursuant to subparagraph (1) of such para- 2 graph, and any remainder to be deducted from the individualized payments 3 due the district pursuant to paragraph b of such subdivision shall be 4 deducted on a chronological basis starting with the earliest payment due 5 the district. 6 § 39. Intentionally omitted. 7 § 40. Notwithstanding the provision of any law, rule, or regulation to 8 the contrary, the city school district of the city of Rochester, upon 9 the consent of the board of cooperative educational services of the 10 supervisory district serving its geographic region may purchase from 11 such board for the 2018--2019 school year, as a non-component school 12 district, services required by article 19 of the education law. 13 § 41. The amounts specified in this section shall be a setaside from 14 the state funds which each such district is receiving from the total 15 foundation aid: 16 a. for the development, maintenance or expansion of magnet schools or 17 magnet school programs for the 2018--2019 school year. For the city 18 school district of the city of New York there shall be a setaside of 19 foundation aid equal to forty-eight million one hundred seventy-five 20 thousand dollars ($48,175,000) including five hundred thousand dollars 21 ($500,000) for the Andrew Jackson High School; for the Buffalo city 22 school district, twenty-one million twenty-five thousand dollars 23 ($21,025,000); for the Rochester city school district, fifteen million 24 dollars ($15,000,000); for the Syracuse city school district, thirteen 25 million dollars ($13,000,000); for the Yonkers city school district, 26 forty-nine million five hundred thousand dollars ($49,500,000); for the 27 Breakfast after the Bell program, five million dollars ($5,000,000); for 28 the Newburgh city school district, four million six hundred forty-five 29 thousand dollars ($4,645,000); for the Poughkeepsie city school 30 district, two million four hundred seventy-five thousand dollars 31 ($2,475,000); for the Mount Vernon city school district, two million 32 dollars ($2,000,000); for the New Rochelle city school district, one 33 million four hundred ten thousand dollars ($1,410,000); for the Schenec- 34 tady city school district, one million eight hundred thousand dollars 35 ($1,800,000); for the Port Chester city school district, one million one 36 hundred fifty thousand dollars ($1,150,000); for the White Plains city 37 school district, nine hundred thousand dollars ($900,000); for the 38 Niagara Falls city school district, six hundred thousand dollars 39 ($600,000); for the Albany city school district, three million five 40 hundred fifty thousand dollars ($3,550,000); for the Utica city school 41 district, two million dollars ($2,000,000); for the Beacon city school 42 district, five hundred sixty-six thousand dollars ($566,000); for the 43 Middletown city school district, four hundred thousand dollars 44 ($400,000); for the Freeport union free school district, four hundred 45 thousand dollars ($400,000); for the Greenburgh central school district, 46 three hundred thousand dollars ($300,000); for the Amsterdam city school 47 district, eight hundred thousand dollars ($800,000); for the Peekskill 48 city school district, two hundred thousand dollars ($200,000); and for 49 the Hudson city school district, four hundred thousand dollars 50 ($400,000). 51 b. Notwithstanding any inconsistent provision of law to the contrary, 52 a school district setting aside such foundation aid pursuant to this 53 section may use such setaside funds for: (i) any instructional or 54 instructional support costs associated with the operation of a magnet 55 school; or (ii) any instructional or instructional support costs associ- 56 ated with implementation of an alternative approach to promote diversityS. 7506--A 24 1 and/or enhancement of the instructional program and raising of standards 2 in elementary and secondary schools of school districts having substan- 3 tial concentrations of minority students. 4 c. The commissioner of education shall not be authorized to withhold 5 foundation aid from a school district that used such funds in accordance 6 with this paragraph, notwithstanding any inconsistency with a request 7 for proposals issued by such commissioner for the purpose of attendance 8 improvement and dropout prevention for the 2018--2019 school year, and 9 for any city school district in a city having a population of more than 10 one million, the setaside for attendance improvement and dropout 11 prevention shall equal the amount set aside in the base year. For the 12 2018--2019 school year, it is further provided that any city school 13 district in a city having a population of more than one million shall 14 allocate at least one-third of any increase from base year levels in 15 funds set aside pursuant to the requirements of this section to communi- 16 ty-based organizations. Any increase required pursuant to this section 17 to community-based organizations must be in addition to allocations 18 provided to community-based organizations in the base year. 19 d. For the purpose of teacher support for the 2018--2019 school year: 20 for the city school district of the city of New York, sixty-two million 21 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city 22 school district, one million seven hundred forty-one thousand dollars 23 ($1,741,000); for the Rochester city school district, one million seven- 24 ty-six thousand dollars ($1,076,000); for the Yonkers city school 25 district, one million one hundred forty-seven thousand dollars 26 ($1,147,000); and for the Syracuse city school district, eight hundred 27 nine thousand dollars ($809,000). All funds made available to a school 28 district pursuant to this section shall be distributed among teachers 29 including prekindergarten teachers and teachers of adult vocational and 30 academic subjects in accordance with this section and shall be in addi- 31 tion to salaries heretofore or hereafter negotiated or made available; 32 provided, however, that all funds distributed pursuant to this section 33 for the current year shall be deemed to incorporate all funds distrib- 34 uted pursuant to former subdivision 27 of section 3602 of the education 35 law for prior years. In school districts where the teachers are repres- 36 ented by certified or recognized employee organizations, all salary 37 increases funded pursuant to this section shall be determined by sepa- 38 rate collective negotiations conducted pursuant to the provisions and 39 procedures of article 14 of the civil service law, notwithstanding the 40 existence of a negotiated agreement between a school district and a 41 certified or recognized employee organization. 42 § 42. Support of public libraries. The moneys appropriated for the 43 support of public libraries by a chapter of the laws of 2017 enacting 44 the aid to localities budget shall be apportioned for the 2018-2019 45 state fiscal year in accordance with the provisions of sections 271, 46 272, 273, 282, 284, and 285 of the education law as amended by the 47 provisions of this chapter and the provisions of this section, provided 48 that library construction aid pursuant to section 273-a of the education 49 law shall not be payable from the appropriations for the support of 50 public libraries and provided further that no library, library system or 51 program, as defined by the commissioner of education, shall receive less 52 total system or program aid than it received for the year 2001-2002 53 except as a result of a reduction adjustment necessary to conform to the 54 appropriations for support of public libraries. 55 Notwithstanding any other provision of law to the contrary the moneys 56 appropriated for the support of public libraries for the year 2018-2019S. 7506--A 25 1 by a chapter of the laws of 2018 enacting the education, labor and fami- 2 ly assistance budget shall fulfill the state's obligation to provide 3 such aid and, pursuant to a plan developed by the commissioner of educa- 4 tion and approved by the director of the budget, the aid payable to 5 libraries and library systems pursuant to such appropriations shall be 6 reduced proportionately to assure that the total amount of aid payable 7 does not exceed the total appropriations for such purpose. 8 § 43. Severability. The provisions of this act shall be severable, and 9 if the application of any clause, sentence, paragraph, subdivision, 10 section or part of this act to any person or circumstance shall be 11 adjudged by any court of competent jurisdiction to be invalid, such 12 judgment shall not necessarily affect, impair or invalidate the applica- 13 tion of any such clause, sentence, paragraph, subdivision, section, part 14 of this act or remainder thereof, as the case may be, to any other 15 person or circumstance, but shall be confined in its operation to the 16 clause, sentence, paragraph, subdivision, section or part thereof 17 directly involved in the controversy in which such judgment shall have 18 been rendered. 19 § 44. This act shall take effect immediately, and shall be deemed to 20 have been in full force and effect on and after April 1, 2018; provided, 21 however, that: 22 1. Sections one, four, five, six, nine, ten, thirteen, fourteen, 23 fifteen, sixteen, seventeen, eighteen, nineteen, twenty-one, twenty-two, 24 twenty-three, thirty-six, forty and forty-one of this act shall take 25 effect July 1, 2018; and 26 2. The amendments to chapter 756 of the laws of 1992, relating to 27 funding a program for work force education conducted by the consortium 28 for worker education in New York city made by sections twenty-five and 29 twenty-six of this act shall not affect the repeal of such chapter and 30 shall be deemed repealed therewith; and 31 3. Section twenty-eight of this act shall be deemed to have been in 32 full force and effect on and after the effective date of section 140 of 33 chapter 82 of the laws of 1995. 34 PART A-1 35 Section 1. Subdivision 4 of section 3602 of the education law, as 36 amended by section 16-a of part YYY of chapter 59 of the laws of 2017, 37 is amended to read as follows: 38 4. Total foundation aid. In addition to any other apportionment pursu- 39 ant to this chapter, a school district, other than a special act school 40 district as defined in subdivision eight of section four thousand one of 41 this chapter, shall be eligible for total foundation aid equal to the 42 product of total aidable foundation pupil units multiplied by the 43 district's selected foundation aid, which shall be the greater of five 44 hundred dollars ($500) or foundation formula aid, provided, however that 45 for the two thousand seven--two thousand eight through two thousand 46 eight--two thousand nine school years, no school district shall receive 47 total foundation aid in excess of the sum of the total foundation aid 48 base for aid payable in the two thousand seven--two thousand eight 49 school year computed pursuant to subparagraph (i) of paragraph j of 50 subdivision one of this section, plus the phase-in foundation increase 51 computed pursuant to paragraph b of this subdivision, and provided 52 further that for the two thousand twelve--two thousand thirteen school 53 year, no school district shall receive total foundation aid in excess of 54 the sum of the total foundation aid base for aid payable in the twoS. 7506--A 26 1 thousand eleven--two thousand twelve school year computed pursuant to 2 subparagraph (ii) of paragraph j of subdivision one of this section, 3 plus the phase-in foundation increase computed pursuant to paragraph b 4 of this subdivision, and provided further that for the two thousand 5 thirteen--two thousand fourteen school year and thereafter, no school 6 district shall receive total foundation aid in excess of the sum of the 7 total foundation aid base computed pursuant to subparagraph (ii) of 8 paragraph j of subdivision one of this section, plus the phase-in foun- 9 dation increase computed pursuant to paragraph b of this subdivision, 10 and provided further that for the two thousand sixteen--two thousand 11 seventeen school year, no eligible school districts shall receive total 12 foundation aid in excess of the sum of the total foundation aid base 13 computed pursuant to subparagraph (ii) of paragraph j of subdivision one 14 of this section plus the sum of (A) the phase-in foundation increase, 15 (B) the executive foundation increase with a minimum increase pursuant 16 to paragraph b-2 of this subdivision, and (C) an amount equal to "COMMU- 17 NITY SCHOOLS AID" in the computer listing produced by the commissioner 18 in support of the executive budget request for the two thousand 19 sixteen--two thousand seventeen school year and entitled "BT161-7", 20 where (1) "eligible school district" shall be defined as a district with 21 (a) an unrestricted aid increase of less than seven percent (0.07) and 22 (b) a three year average free and reduced price lunch percent greater 23 than fifteen percent (0.15), and (2) "unrestricted aid increase" shall 24 mean the quotient arrived at when dividing (a) the sum of the executive 25 foundation aid increase plus the gap elimination adjustment for the base 26 year, by (b) the difference of foundation aid for the base year less the 27 gap elimination adjustment for the base year, and (3) "executive founda- 28 tion increase" shall mean the difference of (a) the amounts set forth 29 for each school district as "FOUNDATION AID" under the heading "2016-17 30 ESTIMATED AIDS" in the school aid computer listing produced by the 31 commissioner in support of the executive budget request for the two 32 thousand sixteen--two thousand seventeen school year and entitled 33 "BT161-7" less (b) the amounts set forth for each school district as 34 "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS" in such 35 computer listing and provided further that total foundation aid shall 36 not be less than the product of the total foundation aid base computed 37 pursuant to paragraph j of subdivision one of this section and the due- 38 minimum percent which shall be, for the two thousand twelve--two thou- 39 sand thirteen school year, one hundred and six-tenths percent (1.006) 40 and for the two thousand thirteen--two thousand fourteen school year for 41 city school districts of those cities having populations in excess of 42 one hundred twenty-five thousand and less than one million inhabitants 43 one hundred and one and one hundred and seventy-six thousandths percent 44 (1.01176), and for all other districts one hundred and three-tenths 45 percent (1.003), and for the two thousand fourteen--two thousand fifteen 46 school year one hundred and eighty-five hundredths percent (1.0085), and 47 for the two thousand fifteen--two thousand sixteen school year, one 48 hundred thirty-seven hundredths percent (1.0037), subject to allocation 49 pursuant to the provisions of subdivision eighteen of this section and 50 any provisions of a chapter of the laws of New York as described there- 51 in, nor more than the product of such total foundation aid base and one 52 hundred fifteen percent for any school year other than the two thousand 53 seventeen--two thousand eighteen school year, provided, however, that 54 for the two thousand sixteen--two thousand seventeen school year such 55 maximum shall be no more than the sum of (i) the product of such total 56 foundation aid base and one hundred fifteen percent plus (ii) the execu-S. 7506--A 27 1 tive foundation increase and plus (iii) "COMMUNITY SCHOOLS AID" in the 2 computer listing produced by the commissioner in support of the execu- 3 tive budget request for the two thousand sixteen--two thousand seventeen 4 school year and entitled "BT161-7" and provided further that for the two 5 thousand nine--two thousand ten through two thousand eleven--two thou- 6 sand twelve school years, each school district shall receive total foun- 7 dation aid in an amount equal to the amount apportioned to such school 8 district for the two thousand eight--two thousand nine school year 9 pursuant to this subdivision. Total aidable foundation pupil units shall 10 be calculated pursuant to paragraph g of subdivision two of this 11 section. For the purposes of calculating aid pursuant to this subdivi- 12 sion, aid for the city school district of the city of New York shall be 13 calculated on a citywide basis. 14 a. Foundation formula aid. Foundation formula aid shall equal the 15 remainder when the expected minimum local contribution is subtracted 16 from the product of the foundation amount, the regional cost index, and 17 the pupil need index, or: (foundation amount x regional cost index x 18 pupil need index)- expected minimum local contribution. 19 (1) The foundation amount shall reflect the average per pupil cost of 20 general education instruction in successful school districts, as deter- 21 mined by a statistical analysis of the costs of special education and 22 general education in successful school districts, provided that the 23 foundation amount shall be adjusted annually to reflect the percentage 24 increase in the consumer price index as computed pursuant to section two 25 thousand twenty-two of this chapter, provided that for the two thousand 26 eight--two thousand nine school year, for the purpose of such adjust- 27 ment, the percentage increase in the consumer price index shall be 28 deemed to be two and nine-tenths percent (0.029), and provided further 29 that the foundation amount for the two thousand seven--two thousand 30 eight school year shall be five thousand two hundred fifty-eight 31 dollars, and provided further that for the two thousand seven--two thou- 32 sand eight through two thousand seventeen--two thousand eighteen school 33 years, the foundation amount shall be further adjusted by the phase-in 34 foundation percent established pursuant to paragraph b of this subdivi- 35 sion. 36 (2) The regional cost index shall reflect an analysis of labor market 37 costs based on median salaries in professional occupations that require 38 similar credentials to those of positions in the education field, but 39 not including those occupations in the education field, provided that 40 the regional cost indices for the two thousand seven--two thousand eight 41 school year and thereafter shall be as follows: 42 Labor Force Region Index 43 Capital District 1.124 44 Southern Tier 1.045 45 Western New York 1.091 46 Hudson Valley 1.314 47 Long Island/NYC 1.425 48 Finger Lakes 1.141 49 Central New York 1.103 50 Mohawk Valley 1.000 51 North Country 1.000 52 (3) The pupil need index shall equal the sum of one plus the extraor- 53 dinary needs percent, provided, however, that the pupil need index shall 54 not be less than one nor more than two. The extraordinary needs percent 55 shall be calculated pursuant to paragraph w of subdivision one of this 56 section.S. 7506--A 28 1 (4) The expected minimum local contribution shall equal the lesser of 2 (i) the product of (A) the quotient arrived at when the selected actual 3 valuation is divided by total wealth foundation pupil units, multiplied 4 by (B) the product of the local tax factor, multiplied by the income 5 wealth index, or (ii) the product of (A) the product of the foundation 6 amount, the regional cost index, and the pupil need index, multiplied by 7 (B) the positive difference, if any, of one minus the state sharing 8 ratio for total foundation aid. The local tax factor shall be estab- 9 lished by May first of each year by determining the product, computed to 10 four decimal places without rounding, of ninety percent multiplied by 11 the quotient of the sum of the statewide average tax rate as computed by 12 the commissioner for the current year in accordance with the provisions 13 of paragraph e of subdivision one of section thirty-six hundred nine-e 14 of this part plus the statewide average tax rate computed by the commis- 15 sioner for the base year in accordance with such provisions plus the 16 statewide average tax rate computed by the commissioner for the year 17 prior to the base year in accordance with such provisions, divided by 18 three, provided however that for the two thousand seven--two thousand 19 eight school year, such local tax factor shall be sixteen thousandths 20 (0.016), and provided further that for the two thousand eight--two thou- 21 sand nine school year, such local tax factor shall be one hundred 22 fifty-four ten thousandths (0.0154). The income wealth index shall be 23 calculated pursuant to paragraph d of subdivision three of this section, 24 provided, however, that for the purposes of computing the expected mini- 25 mum local contribution the income wealth index shall not be less than 26 sixty-five percent (0.65) and shall not be more than two hundred percent 27 (2.0) and provided however that such income wealth index shall not be 28 more than ninety-five percent (0.95) for the two thousand eight--two 29 thousand nine school year, and provided further that such income wealth 30 index shall not be less than zero for the two thousand thirteen--two 31 thousand fourteen school year. The selected actual valuation shall be 32 calculated pursuant to paragraph c of subdivision one of this section. 33 Total wealth foundation pupil units shall be calculated pursuant to 34 paragraph h of subdivision two of this section. 35 b. Phase-in foundation increase. (1) The phase-in foundation increase 36 shall equal the product of the phase-in foundation increase factor 37 multiplied by the positive difference, if any, of (i) the product of the 38 total aidable foundation pupil units multiplied by the district's 39 selected foundation aid less (ii) the total foundation aid base computed 40 pursuant to paragraph j of subdivision one of this section. 41 (2) (i) Phase-in foundation percent. The phase-in foundation percent 42 shall equal one hundred thirteen and fourteen one hundredths percent 43 (1.1314) for the two thousand eleven--two thousand twelve school year, 44 one hundred ten and thirty-eight hundredths percent (1.1038) for the two 45 thousand twelve--two thousand thirteen school year, one hundred seven 46 and sixty-eight hundredths percent (1.0768) for the two thousand thir- 47 teen--two thousand fourteen school year, one hundred five and six 48 hundredths percent (1.0506) for the two thousand fourteen--two thousand 49 fifteen school year, and one hundred two and five tenths percent 50 (1.0250) for the two thousand fifteen--two thousand sixteen school year. 51 (ii) Phase-in foundation increase factor. For the two thousand 52 eleven--two thousand twelve school year, the phase-in foundation 53 increase factor shall equal thirty-seven and one-half percent (0.375) 54 and the phase-in due minimum percent shall equal nineteen and forty-one 55 hundredths percent (0.1941), for the two thousand twelve--two thousand 56 thirteen school year the phase-in foundation increase factor shall equalS. 7506--A 29 1 one and seven-tenths percent (0.017), for the two thousand thirteen--two 2 thousand fourteen school year the phase-in foundation increase factor 3 shall equal (1) for a city school district in a city having a population 4 of one million or more, five and twenty-three hundredths percent 5 (0.0523) or (2) for all other school districts zero percent, for the two 6 thousand fourteen--two thousand fifteen school year the phase-in founda- 7 tion increase factor shall equal (1) for a city school district of a 8 city having a population of one million or more, four and thirty-two 9 hundredths percent (0.0432) or (2) for a school district other than a 10 city school district having a population of one million or more for 11 which (A) the quotient of the positive difference of the foundation 12 formula aid minus the foundation aid base computed pursuant to paragraph 13 j of subdivision one of this section divided by the foundation formula 14 aid is greater than twenty-two percent (0.22) and (B) a combined wealth 15 ratio less than thirty-five hundredths (0.35), seven percent (0.07) or 16 (3) for all other school districts, four and thirty-one hundredths 17 percent (0.0431), and for the two thousand fifteen--two thousand sixteen 18 school year the phase-in foundation increase factor shall equal: (1) for 19 a city school district of a city having a population of one million or 20 more, thirteen and two hundred seventy-four thousandths percent 21 (0.13274); or (2) for districts where the quotient arrived at when 22 dividing (A) the product of the total aidable foundation pupil units 23 multiplied by the district's selected foundation aid less the total 24 foundation aid base computed pursuant to paragraph j of subdivision one 25 of this section divided by (B) the product of the total aidable founda- 26 tion pupil units multiplied by the district's selected foundation aid is 27 greater than nineteen percent (0.19), and where the district's combined 28 wealth ratio is less than thirty-three hundredths (0.33), seven and 29 seventy-five hundredths percent (0.0775); or (3) for any other district 30 designated as high need pursuant to clause (c) of subparagraph two of 31 paragraph c of subdivision six of this section for the school aid 32 computer listing produced by the commissioner in support of the enacted 33 budget for the two thousand seven--two thousand eight school year and 34 entitled "SA0708", four percent (0.04); or (4) for a city school 35 district in a city having a population of one hundred twenty-five thou- 36 sand or more but less than one million, fourteen percent (0.14); or (5) 37 for school districts that were designated as small city school districts 38 or central school districts whose boundaries include a portion of a 39 small city for the school aid computer listing produced by the commis- 40 sioner in support of the enacted budget for the two thousand fourteen-- 41 two thousand fifteen school year and entitled "SA1415", four and seven 42 hundred fifty-one thousandths percent (0.04751); or (6) for all other 43 districts one percent (0.01), and for the two thousand sixteen--two 44 thousand seventeen school year the foundation aid phase-in increase 45 factor shall equal for an eligible school district the greater of: (1) 46 for a city school district in a city with a population of one million or 47 more, seven and seven hundred eighty four thousandths percent (0.07784); 48 or (2) for a city school district in a city with a population of more 49 than two hundred fifty thousand but less than one million as of the most 50 recent federal decennial census, seven and three hundredths percent 51 (0.0703); or (3) for a city school district in a city with a population 52 of more than two hundred thousand but less than two hundred fifty thou- 53 sand as of the most recent federal decennial census, six and seventy-two 54 hundredths percent (0.0672); or (4) for a city school district in a city 55 with a population of more than one hundred fifty thousand but less than 56 two hundred thousand as of the most recent federal decennial census, sixS. 7506--A 30 1 and seventy-four hundredths percent (0.0674); or (5) for a city school 2 district in a city with a population of more than one hundred twenty- 3 five thousand but less than one hundred fifty thousand as of the most 4 recent federal decennial census, nine and fifty-five hundredths percent 5 (0.0955); or (6) for school districts that were designated as small city 6 school districts or central school districts whose boundaries include a 7 portion of a small city for the school aid computer listing produced by 8 the commissioner in support of the enacted budget for the two thousand 9 fourteen--two thousand fifteen school year and entitled "SA141-5" with a 10 combined wealth ratio less than one and four tenths (1.4), nine percent 11 (0.09), provided, however, that for such districts that are also 12 districts designated as high need urban-suburban pursuant to clause (c) 13 of subparagraph two of paragraph c of subdivision six of this section 14 for the school aid computer listing produced by the commissioner in 15 support of the enacted budget for the two thousand seven--two thousand 16 eight school year and entitled "SA0708", nine and seven hundred and 17 nineteen thousandths percent (0.09719); or (7) for school districts 18 designated as high need rural pursuant to clause (c) of subparagraph two 19 of paragraph c of subdivision six of this section for the school aid 20 computer listing produced by the commissioner in support of the enacted 21 budget for the two thousand seven--two thousand eight school year and 22 entitled "SA0708", thirteen and six tenths percent (0.136); or (8) for 23 school districts designated as high need urban-suburban pursuant to 24 clause (c) of subparagraph two of paragraph c of subdivision six of this 25 section for the school aid computer listing produced by the commissioner 26 in support of the enacted budget for the two thousand seven--two thou- 27 sand eight school year and entitled "SA0708", seven hundred nineteen 28 thousandths percent (0.00719); or (9) for all other eligible school 29 districts, forty-seven hundredths percent (0.0047), provided further 30 that for the two thousand seventeen--two thousand eighteen school year 31 the foundation aid increase phase-in factor shall equal (1) for school 32 districts with a census 2000 poverty rate computed pursuant to paragraph 33 q of subdivision one of this section equal to or greater than twenty-six 34 percent (0.26), ten and three-tenths percent (0.103), or (2) for a 35 school district in a city with a population in excess of one million or 36 more, seventeen and seventy-seven one-hundredths percent (0.1777), or 37 (3) for a city school district in a city with a population of more than 38 two hundred fifty thousand but less than one million, as of the most 39 recent decennial census, twelve and sixty-nine hundredths percent 40 (0.1269) or (4) for a city school district in a city with a population 41 of more than one hundred fifty thousand but less than two hundred thou- 42 sand, as of the most recent federal decennial census, ten and seventy- 43 eight one hundredths percent (0.1078), or (5) for a city school district 44 in a city with a population of more than one hundred twenty-five thou- 45 sand but less than one hundred fifty thousand as of the most recent 46 federal decennial census, nineteen and one hundred eight one-thousandths 47 percent (0.19108), or (6) for a city school district in a city with a 48 population of more than two hundred thousand but less than two hundred 49 fifty thousand as of the most recent federal decennial census, ten and 50 six-tenths percent (0.106), or (7) for all other districts, four and 51 eighty-seven one-hundredths percent (0.0487), and for the two thousand 52 [eighteen] nineteen--two thousand [nineteen] twenty school year and 53 thereafter the commissioner shall annually determine the phase-in foun- 54 dation increase factor subject to allocation pursuant to the provisions 55 of subdivision eighteen of this section and any provisions of a chapter 56 of the laws of New York as described therein.S. 7506--A 31 1 b-1. Notwithstanding any other provision of law to the contrary, for 2 the two thousand seven--two thousand eight school year and thereafter, 3 the additional amount payable to each school district pursuant to this 4 subdivision in the current year as total foundation aid, after deducting 5 the total foundation aid base, shall be deemed a state grant in aid 6 identified by the commissioner for general use for purposes of section 7 seventeen hundred eighteen of this chapter. 8 b-2. Due minimum for the two thousand sixteen--two thousand seventeen 9 school year. Notwithstanding any other provision of law to the contrary, 10 for the two thousand sixteen--two thousand seventeen school year the 11 total foundation aid shall not be less than the sum of the total founda- 12 tion aid base computed pursuant to paragraph j of subdivision one of 13 this section plus the due minimum for the two thousand sixteen--two 14 thousand seventeen school year, where such due minimum shall equal the 15 difference of (1) the product of (A) two percent (0.02) multiplied by 16 (B) the difference of total foundation aid for the base year less the 17 gap elimination adjustment for the base year, less (2) the sum of (A) 18 the difference of the amounts set forth for each school district as 19 "FOUNDATION AID" under the heading "2016-17 ESTIMATED AIDS" in the 20 school aid computer listing produced by the commissioner in support of 21 the executive budget request for the two thousand sixteen--two thousand 22 seventeen school year and entitled "BT161-7" less the amounts set forth 23 for each school district as "FOUNDATION AID" under the heading "2015-16 24 BASE YEAR AIDS" in such computer listing plus (B) the gap elimination 25 adjustment for the base year. 26 b-3. Due minimum for the two thousand seventeen--two thousand eighteen 27 school year. Notwithstanding any other provision of law to the contrary, 28 for the two thousand seventeen--two thousand eighteen school year the 29 total foundation aid shall not be less than (A) the sum of the total 30 foundation aid base computed pursuant to paragraph j of subdivision one 31 of this section plus the product of (i) the difference of the amount set 32 forth for such school district as "FOUNDATION AID" under the heading 33 "2017-18 ESTIMATED AIDS" in the school aid computer listing produced by 34 the commissioner in support of the executive budget request for the two 35 thousand seventeen--two thousand eighteen school year and entitled 36 "BT171-8" less the amount set forth for such school district as "FOUNDA- 37 TION AID" under the heading "2016-17 BASE YEAR AIDS" in the school aid 38 computer listing produced by the commissioner in support of the execu- 39 tive budget request for the two thousand seventeen--two thousand eigh- 40 teen school year and entitled "BT171-8" multiplied by (ii) one and eigh- 41 teen one-hundredths (1.18), or (B) the product of forty-four and 42 seventy-five one-hundredths percent (0.4475) multiplied by total founda- 43 tion aid as computed pursuant to paragraph a of this subdivision, or (C) 44 the sum of the total foundation aid base computed pursuant to paragraph 45 j of subdivision one of this section plus the due minimum for the two 46 thousand seventeen--two thousand eighteen school year, where such due 47 minimum shall equal (1) for school districts with a census 2000 poverty 48 rate computed pursuant to paragraph q of subdivision one of this 49 section, equal to or greater than eleven and nine-tenths percent 50 (0.119), the product of the foundation aid base for the two thousand 51 seventeen--two thousand eighteen school year computed pursuant to 52 subparagraph (iii) of paragraph j of subdivision one of this section 53 multiplied by three hundred thirty-five ten-thousandths (0.0335), or (2) 54 for all other school districts the product of the foundation aid base 55 for the two thousand seventeen--two thousand eighteen school year 56 computed pursuant to subparagraph (iii) of paragraph j of subdivisionS. 7506--A 32 1 one of this section multiplied by two and seventy-four one-hundredths 2 percent (0.0274). 3 b-4. Additional increase for the two thousand seventeen-two thousand 4 eighteen school year. For the two thousand seventeen-two thousand eigh- 5 teen school year, any school district eligible to receive a phase-in 6 foundation increase pursuant to this subdivision shall receive an addi- 7 tional foundation increase equal to the sum of tiers A, B, C, and D as 8 defined herein. 9 (i) Tier A. For all school districts other than a district within a 10 city with a population of one million or more, with a combined wealth 11 ratio less than two (2.0), where either (A) the quotient arrived at by 12 dividing the English language learner count pursuant to paragraph o of 13 subdivision one of this section for the base year by the public school 14 district enrollment for the base year pursuant to paragraph n of subdi- 15 vision one of this section is greater than two one-hundredths (0.02) or 16 (B) the quotient arrived at by dividing the difference of the English 17 language learner count pursuant to paragraph o of subdivision one of 18 this section for the base year less such count for one year prior to the 19 base year by the public school district enrollment for one year prior to 20 the base year pursuant to paragraph n of subdivision one of this section 21 is greater than one one-thousandth (0.001), tier A shall equal the prod- 22 uct of (A) the difference of two minus the combined wealth ratio multi- 23 plied by (B) one hundred dollars ($100.00) multiplied by (C) the English 24 language learner count for the base year. 25 (ii) Tier B. For any school district (A) where the amount set forth as 26 "25% LIMIT CAP ON INCREASE" on the computer file produced by the commis- 27 sioner in support of the enacted budget for the two thousand seven--two 28 thousand eight school year and entitled "SA070-8" is less than zero and 29 (B) with a combined wealth ratio computed pursuant to paragraph c of 30 subdivision three of this section greater than one (1.0), tier B shall 31 equal the product of (A) the sum of (1) the difference of total founda- 32 tion aid less the foundation aid base plus (2) the difference of the 33 amount set forth for such school district as "FOUNDATION AID" under the 34 heading "2017-18 ESTIMATED AIDS" in the school aid computer listing 35 produced by the commissioner in support of the executive budget request 36 and entitled "BT1718" less the foundation aid base multiplied by (B) ten 37 and two-tenths percent (0.102). 38 (iii) Tier C. For all school districts with a combined wealth ratio 39 for total foundation aid computed pursuant to paragraph c of subdivision 40 three of this section less than one (1.0), tier C shall be the greater 41 of (A) for districts that were designated as small city school districts 42 or central school districts whose boundaries include a portion of a 43 small city for the school aid computer listing produced by the commis- 44 sioner in support of the enacted budget for the two thousand fourteen-- 45 two thousand fifteen school year and entitled "SA1415", the product of 46 the public school district enrollment for the base year pursuant to 47 paragraph n of subdivision one of this section multiplied by one hundred 48 sixty-seven dollars and forty cents ($167.40) or (B) for school 49 districts with a sparsity factor as set forth on the computer listing 50 produced by the commissioner in support of the enacted budget for the 51 two thousand seventeen--two thousand eighteen school year and entitled 52 "SA171-8" of greater than zero, the product of the public school 53 district enrollment for the base year multiplied by one hundred eighty- 54 eight dollars ($188.00). 55 (iv) Tier D. For all school districts, other than districts within a 56 city with a population of one hundred twenty-five thousand or more, withS. 7506--A 33 1 a selected poverty rate of greater than eighteen hundredths (0.18), tier 2 D shall equal the product of the selected poverty rate multiplied by the 3 school district public enrollment for the base year multiplied by two 4 hundred forty dollars ($240.00), provided, however, that for districts 5 within a city with a population of greater than one hundred twenty-five 6 thousand but less than one million and a selected poverty rate of great- 7 er than eighteen hundredths (0.18), tier D shall equal the product of 8 the selected poverty rate multiplied by school district public enroll- 9 ment for the base year multiplied by three hundred forty-four dollars 10 ($344.00), and for a city school district in a city with a population of 11 one million or more, tier D shall equal the product of the selected 12 poverty rate multiplied by school district public enrollment for the 13 base year multiplied by twenty-nine cents ($0.29). 14 c. Public excess cost aid setaside. Each school district shall set 15 aside from its total foundation aid computed for the current year pursu- 16 ant to this subdivision an amount equal to the product of: (i) the 17 difference between the amount the school district was eligible to 18 receive in the two thousand six--two thousand seven school year pursuant 19 to or in lieu of paragraph six of subdivision nineteen of this section 20 as such paragraph existed on June thirtieth, two thousand seven, minus 21 the amount such district was eligible to receive pursuant to or in lieu 22 of paragraph five of subdivision nineteen of this section as such para- 23 graph existed on June thirtieth, two thousand seven, in such school 24 year, and (ii) the sum of one and the percentage increase in the consum- 25 er price index for the current year over such consumer price index for 26 the two thousand six--two thousand seven school year, as computed pursu- 27 ant to section two thousand twenty-two of this chapter. Notwithstanding 28 any other provision of law to the contrary, the public excess cost aid 29 setaside shall be paid pursuant to section thirty-six hundred nine-b of 30 this part. 31 d. For the two thousand fourteen--two thousand fifteen through two 32 thousand [seventeen] eighteen--two thousand [eighteen] nineteen school 33 years a city school district of a city having a population of one 34 million or more may use amounts apportioned pursuant to this subdivision 35 for afterschool programs. 36 e. Community schools aid set-aside. Each school district shall set 37 aside from its total foundation aid computed for the current year pursu- 38 ant to this subdivision an amount equal to the sum of (i) the amount, if 39 any, set forth for such district as "COMMUNITY SCHL AID (BT1617)" in the 40 data file produced by the commissioner in support of the enacted budget 41 for the two thousand sixteen--two thousand seventeen school year and 42 entitled "SA161-7" [and], (ii) the amount, if any, set forth for such 43 district as "COMMUNITY SCHL INCR" in the data file produced by the 44 commissioner in support of the executive budget request for the two 45 thousand seventeen--two thousand eighteen school year and entitled 46 "BT171-8", and (iii) the amount, if any, set forth for such district as 47 "COMMUNITY SCHOOLS INCREASE" in the data file produced by the commis- 48 sioner in support of the executive budget for the two thousand eigh- 49 teen--two thousand nineteen school year and entitled "BT181-9". Each 50 school district shall use such "COMMUNITY SCHL AID (BT1617)" amount to 51 support the transformation of school buildings into community hubs to 52 deliver co-located or school-linked academic, health, mental health, 53 nutrition, counseling, legal and/or other services to students and their 54 families, including but not limited to providing a community school site 55 coordinator, or to support other costs incurred to maximize students' 56 academic achievement. Each school district shall use such "COMMUNITYS. 7506--A 34 1 SCHL INCR" amount to support the transformation of school buildings into 2 community hubs to deliver co-located or school linked academic, health, 3 mental health services and personnel, after-school programming, dual 4 language programs, nutrition, counseling, legal and/or other services to 5 students and their families, including but not limited to providing a 6 community school site coordinator and programs for English language 7 learners, or to support other costs incurred to maximize students' 8 academic achievement, provided however that a school district whose 9 "COMMUNITY SCHL INCR" amount exceeds one million dollars ($1,000,000) 10 shall use an amount equal to the greater of one hundred fifty thousand 11 dollars ($150,000) or ten percent of such "COMMUNITY SCHL INCR" amount 12 to support such transformation at schools with extraordinary high levels 13 of student need as identified by the commissioner, subject to the 14 approval of the director of the budget. Each school district may use 15 such "COMMUNITY SCHOOLS INCREASE" in the data file produced by the 16 commissioner in support of the executive budget for the two thousand 17 eighteen--two thousand nineteen school year and entitled "BT181-9" to 18 support the transformation of school buildings into community hubs to 19 deliver co-located or school linked academic, health, mental health 20 services and personnel, after-school programming, dual language 21 programs, nutrition, counseling, legal and/or other services to students 22 and their families, or to support other costs incurred to maximize 23 students' academic achievement, including but not limited to providing a 24 community school site coordinator and programs for English language 25 learners or to maximize student achievement. 26 f. Foundation aid payable in the two thousand eighteen--two thousand 27 nineteen school year. Notwithstanding any provision of law to the 28 contrary, foundation aid payable in the two thousand eighteen--two thou- 29 sand nineteen school year shall be equal to the sum of (1) the valuation 30 increase, (2) the adjusted foundation aid increase, and (3) the execu- 31 tive foundation aid increase. For the purposes of this paragraph, the 32 "executive foundation aid increase" shall be equal to the difference of 33 (a) the amounts set forth for each school district as "FOUNDATION AID" 34 under the heading "2018-19 ESTIMATED AIDS" in the school aid computer 35 listing produced by the commissioner in support of the executive budget 36 request for the two thousand eighteen--two thousand nineteen school year 37 and entitled "BT181-9" less (b) the amounts set forth for each school 38 district as "FOUNDATION AID" under the heading "2017-18 BASE YEAR AIDS" 39 in such computer listing. 40 (1) For a city school district in a city with a population of more 41 than one million, the "valuation increase" shall be equal to one hundred 42 sixty million, three hundred fifty thousand dollars ($160,350,000). For 43 a city school district with a population of more than one hundred twen- 44 ty-five thousand inhabitants but less than one million inhabitants, the 45 "valuation increase" shall be equal to the product of (a) the actual 46 valuation change factor, multiplied by (b) public school district 47 enrollment for the current year pursuant to paragraph n of subdivision 48 one of this section, multiplied by (c) five hundred fifty dollars 49 ($550). For purposes of this subparagraph, the "actual valuation change 50 factor" shall be equal to the difference of nineteen hundredths (0.19) 51 less the absolute value of the quotient arrived at when dividing (i) the 52 difference of actual valuation defined pursuant to paragraph c of subdi- 53 vision one of this section less such actual valuation for the calendar 54 year three years prior to the calendar year in which the base year 55 commenced by (ii) actual valuation for the calendar year three years 56 prior to the calendar year in which the base year commenced.S. 7506--A 35 1 (2) The "adjusted foundation aid increase" shall be the greater of the 2 following five tiers for all districts other than city school districts 3 in a city with a population of more than one hundred twenty-five thou- 4 sand inhabitants. 5 (i) Tier one shall be equal to the difference of the product of the 6 tier one percent multiplied by the foundation aid base. For purposes of 7 this subparagraph, the "tier one percent" shall be equal to (a) for 8 districts with a combined wealth ratio computed pursuant to subparagraph 9 one of paragraph c of subdivision three of this section less than five- 10 tenths (0.50), one hundred fifty thousandths (0.015), (b) for districts 11 with a combined wealth ratio greater than or equal to five-tenths (0.50) 12 and less than one and thirteen hundredths (1.13), one thousand four 13 hundred ninety five hundred-thousandths (0.01495), (c) for districts 14 with a combined wealth ratio greater than or equal to one and thirteen 15 hundredths (1.13) and less than three and four-tenths (3.4), one hundred 16 forty-nine ten-thousandths (0.0149), or (d) for districts with a 17 combined wealth ratio greater than or equal to three and four-tenths 18 (3.4), one hundred forty-eight ten-thousandths (0.0148). 19 (ii) For eligible districts, tier two shall be equal to the product of 20 the (a) English language learner factor, multiplied by (b) the product 21 of public school district enrollment for the current year pursuant to 22 paragraph n of subdivision one of this section, multiplied by (c) seven- 23 ty-nine dollars and fifty cents ($79.50). A district is eligible for 24 tier two if the quotient arrived at when dividing (a) the product of the 25 English language learner count, multiplied by 50 percent (0.50), by (b) 26 public school district enrollment for the current year pursuant to para- 27 graph n of subdivision one of this section, is greater than three 28 percent (0.03). For purposes of this subparagraph, the English language 29 learner factor shall be equal to the positive difference, if any, of (a) 30 three (3.0) less (b) the lesser of one or the combined wealth ratio. 31 (iii) For eligible districts, tier three shall be equal to the product 32 of (a) public school district enrollment for the current year pursuant 33 to paragraph n of subdivision one of this section, multiplied by (b) the 34 sum of five-tenths (0.5) plus the three-year average free and reduced 35 price lunch percent calculated pursuant to subparagraph (ii) of para- 36 graph p of subdivision one of this section, multiplied by (c) two 37 hundred sixty-two dollars ($262.00). A district is eligible for tier 38 three if the sparsity count defined pursuant to paragraph r of subdivi- 39 sion one of this section is greater than zero. 40 (iv) Tier four shall be equal to the product of foundation aid remain- 41 ing multiplied by the tier four percent. For purposes of this subpara- 42 graph, "foundation aid remaining" shall be equal to the positive differ- 43 ence, if any, of (a) the product of the total aidable foundation pupil 44 units multiplied by the district's selected foundation aid less (b) the 45 total foundation aid base computed pursuant to paragraph j of subdivi- 46 sion one of this section; and "tier four percent" shall be equal to (a) 47 for districts with a combined wealth ratio less than twenty-five 48 hundredths (0.25), six-tenths (0.60), (b) for districts with a combined 49 wealth ratio greater than or equal to twenty-five hundredths (0.25) and 50 less than one and twenty-two hundredths (1.22), three hundredths (0.03), 51 or (c) for districts with a combined wealth ratio greater than or equal 52 to one and twenty-two hundredths (1.22), zero. 53 (v) Tier five shall be equal to: for districts with a combined wealth 54 ratio of less than ninety-one hundredths (0.91), the product of (a) 55 school district enrollment for the base year pursuant to paragraph n of 56 subdivision one of this section multiplied by ninety-four dollars andS. 7506--A 36 1 forty cents ($94.40), (b) for districts with a combined wealth ratio 2 greater than or equal to ninety-one hundredths (0.91) and less than 3 three (3.0), the product of (1) the phase-in minimum factor multiplied 4 by (2) twenty dollars ($20) multiplied by (3) the public school district 5 enrollment for the current year pursuant to paragraph n of subdivision 6 one of this section, or (c) for districts with a combined wealth ratio 7 greater than or equal to three (3.0), zero. For purposes of this subpar- 8 agraph, the phase-in minimum factor shall be equal to the lesser of (a) 9 three (3.0) or (b) the positive difference, if any, of five (5.0) less 10 the combined wealth ratio. 11 § 2. Subdivision 9 of section 2852 of the education law, as amended by 12 section 2 of subpart A of part B of chapter 20 of the laws of 2015, is 13 amended to read as follows: 14 9. The total number of charters issued pursuant to this article state- 15 wide shall not [exceed four hundred sixty. (a) All charters issued on or16after July first, two thousand fifteen and counted toward the numerical17limits established by this subdivision shall be issued by the board of18regents upon application directly to the board of regents or on the19recommendation of the board of trustees of the state university of New20York pursuant to a competitive process in accordance with subdivision21nine-a of this section. Fifty of such charters issued on or after July22first, two thousand fifteen, and no more, shall be granted to a charter23for a school to be located in a city having a population of one million24or more. The failure of any body to issue the regulations authorized25pursuant to this article shall not affect the authority of a charter26entity to propose a charter to the board of regents or the board of27regents' authority to grant such charter. A conversion of an existing28public school to a charter school, or the renewal or extension of a29charter approved by any charter entity, shall not be counted toward the30numerical limits established by this subdivision.31(b) A charter that has been surrendered, revoked or terminated on or32before July first, two thousand fifteen, including a charter that has33not been renewed by action of its charter entity, may be reissued pursu-34ant to paragraph (a) of this subdivision by the board of regents either35upon application directly to the board of regents or on the recommenda-36tion of the board of trustees of the state university of New York pursu-37ant to a competitive process in accordance with subdivision nine-a of38this section. Provided that such reissuance shall not be counted toward39the statewide numerical limit established by this subdivision, and40provided further that no more than twenty-two charters may be reissued41pursuant to this paragraph.42(c) For purposes of determining the total number of charters issued43within the numerical limits established by this subdivision, the44approval date of the charter entity shall be the determining factor.45(d)] be subject to restrictions. Notwithstanding any provision of this 46 article to the contrary, any charter authorized to be issued by chapter 47 fifty-seven of the laws of two thousand seven effective July first, two 48 thousand seven, and that remains unissued as of July first, two thousand 49 fifteen, may be issued pursuant to the provisions of law applicable to a 50 charter authorized to be issued by such chapter in effect as of June 51 fifteenth, two thousand fifteen[; provided however that nothing in this52paragraph shall be construed to increase the numerical limit applicable53to a city having a population of one million or more as provided in54paragraph (a) of this subdivision, as amended by a chapter of the laws55of two thousand fifteen which added this paragraph].S. 7506--A 37 1 § 3. Paragraph b of subdivision 5 of section 1950 of the education 2 law, as amended by chapter 296 of the laws of 2016, is amended to read 3 as follows: 4 b. The cost of services herein referred to shall be the amount allo- 5 cated to each component school district by the board of cooperative 6 educational services to defray expenses of such board, including 7 approved expenses from the testing of potable water systems of occupied 8 school buildings under the board's jurisdiction as required pursuant to 9 section eleven hundred ten of the public health law, except that that 10 part of the salary paid any teacher, supervisor or other employee of the 11 board of cooperative educational services which is in excess of thirty 12 thousand dollars shall not be such an approved expense, and except also 13 that administrative and clerical expenses shall not exceed ten percent 14 of the total expenses for purposes of this computation. Provided howev- 15 er, that for teachers providing instruction in career and technical 16 education to school age students, the salary, to be considered as an 17 approved expense, shall not exceed thirty-five thousand dollars for the 18 two thousand eighteen--two thousand nineteen school year and thereafter. 19 Any gifts, donations or interest earned by the board of cooperative 20 educational services or on behalf of the board of cooperative educa- 21 tional services by the dormitory authority or any other source shall not 22 be deducted in determining the cost of services allocated to each compo- 23 nent school district. Any payments made to a component school district 24 by the board of cooperative educational services pursuant to subdivision 25 eleven of section six-p of the general municipal law attributable to an 26 approved cost of service computed pursuant to this subdivision shall be 27 deducted from the cost of services allocated to such component school 28 district. The expense of transportation provided by the board of coop- 29 erative educational services pursuant to paragraph q of subdivision four 30 of this section shall be eligible for aid apportioned pursuant to subdi- 31 vision seven of section thirty-six hundred two of this chapter and no 32 board of cooperative educational services transportation expense shall 33 be an approved cost of services for the computation of aid under this 34 subdivision. Transportation expense pursuant to paragraph q of subdivi- 35 sion four of this section shall be included in the computation of the 36 ten percent limitation on administrative and clerical expenses. 37 § 4. The education law is amended by adding a new section 3006-b to 38 read as follows: 39 § 3006-b. Compliance with part 154 of the commissioner's regulations. 40 1. Notwithstanding any provision of law, rule, or regulation, this 41 section shall apply to public school districts for purposes of complying 42 with part 154 of the commissioner's regulations (8 NYCRR 154). 43 2. School districts that make a good faith effort to hire a teacher 44 that is dual-certified, but cannot hire such teacher due to a lack of 45 qualified or acceptable candidates, may satisfy such by hiring an indi- 46 vidual who is not dual-certified, but who meets one of the following 47 criteria: (i) has at least an initial teaching certificate and has 48 scored proficiently on a content specialty test in the language to be 49 instructed in; or (ii) is certified for "Teaching English to Speakers of 50 Other Languages" (TESOL). Such individuals shall be deemed to satisfy 51 instances where a second certified teacher is required for instruction 52 in the native language of the student because the primary teacher is not 53 dual-certified and the primary teacher is providing content specific 54 instruction.S. 7506--A 38 1 3. Individuals meeting either of the criteria in subdivision two of 2 this section may also be used for purposes of administering the home 3 language questionnaire that is used for initial identification purposes. 4 § 5. Paragraph a of subdivision 5 of section 3604 of the education 5 law, as amended by chapter 161 of the laws of 2005, is amended to read 6 as follows: 7 a. State aid adjustments. All errors or omissions in the apportionment 8 shall be corrected by the commissioner. Whenever a school district has 9 been apportioned less money than that to which it is entitled, the 10 commissioner may allot to such district the balance to which it is enti- 11 tled. Whenever a school district has been apportioned more money than 12 that to which it is entitled, the commissioner may, by an order, direct 13 such moneys to be paid back to the state to be credited to the general 14 fund local assistance account for state aid to the schools, or may 15 deduct such amount from the next apportionment to be made to said 16 district, provided that any recovery initiated by the commissioner under 17 this subdivision shall first be offset by any pending payment of moneys 18 due to said district as a prior year adjustment payable pursuant to 19 paragraph c of this subdivision, and that the commissioner shall remove 20 such claim from the ordered list he or she prepares for such paragraph 21 c, and provided, however, that, upon notification of excess payments of 22 aid for which a recovery must be made by the state through deduction of 23 future aid payments, a school district may request that such excess 24 payments be recovered by deducting such excess payments from the 25 payments due to such school district and payable in the month of June in 26 (i) the school year in which such notification was received and (ii) the 27 two succeeding school years, provided further that there shall be no 28 interest penalty assessed against such district or collected by the 29 state. Such request shall be made to the commissioner in such form as 30 the commissioner shall prescribe, and shall be based on documentation 31 that the total amount to be recovered is in excess of one percent of the 32 district's total general fund expenditures for the preceding school 33 year. The amount to be deducted in the first year shall be the greater 34 of (i) the sum of the amount of such excess payments that is recognized 35 as a liability due to other governments by the district for the preced- 36 ing school year and the positive remainder of the district's unreserved 37 fund balance at the close of the preceding school year less the product 38 of the district's total general fund expenditures for the preceding 39 school year multiplied by five percent, or (ii) one-third of such excess 40 payments. The amount to be recovered in the second year shall equal the 41 lesser of the remaining amount of such excess payments to be recovered 42 or one-third of such excess payments, and the remaining amount of such 43 excess payments shall be recovered in the third year. Provided further 44 that, notwithstanding any other provisions of this subdivision, any 45 pending payment of moneys due to such district as a prior year adjust- 46 ment payable pursuant to paragraph c of this subdivision for aid claims 47 that had been previously paid as current year aid payments in excess of 48 the amount to which the district is entitled and for which recovery of 49 excess payments is to be made pursuant to this paragraph, shall be 50 reduced at the time of actual payment by any remaining unrecovered 51 balance of such excess payments, and the remaining scheduled deductions 52 of such excess payments pursuant to this paragraph shall be reduced by 53 the commissioner to reflect the amount so recovered. The commissioner 54 shall certify no payment to a school district based on a claim submitted 55 later than three years after the close of the school year in which such 56 payment was first to be made. For claims for which payment is first toS. 7506--A 39 1 be made in the nineteen hundred ninety-six--ninety-seven school year, 2 the commissioner shall certify no payment to a school district based on 3 a claim submitted later than two years after the close of such school 4 year. For claims for which payment is first to be made in the nineteen 5 hundred ninety-seven--ninety-eight school year and thereafter, the 6 commissioner shall certify no payment to a school district based on a 7 claim submitted later than one year after the close of such school year. 8 Provided, however, no payments shall be barred or reduced where such 9 payment is required as a result of a final audit of the state. It is 10 further provided that, until June thirtieth, nineteen hundred ninety- 11 six, the commissioner may grant a waiver from the provisions of this 12 section for any school district if it is in the best educational inter- 13 ests of the district pursuant to guidelines developed by the commission- 14 er and approved by the director of the budget. 15 § 6. a. All the acts done and proceedings heretofore had and taken or 16 caused to be had and taken by a school district and by all officers, 17 employees or agents of each such school district relating to or in 18 connection with transportation contracts (1) identified by the state 19 education department as having been filed or executed late prior to June 20 30, 2018, and (2) for which an aid adjustment or recovery has not been 21 initiated by the state education department as of the effective date of 22 this act are hereby legalized, validated, ratified and confirmed, 23 notwithstanding any failure to comply with the contract filing 24 provisions of the education law, other than those filing provisions 25 defined in paragraph a of subdivision 5 of section 3604 of the education 26 law, in relation to any omission, error, defect, irregularity or ille- 27 gality in such proceeding had and taken. 28 b. The education department is hereby directed to consider the afore- 29 mentioned contracts for transportation aid as valid and proper obli- 30 gations of such school district. 31 § 7. a. Notwithstanding any other provision of law to the contrary, 32 the actions or omissions of a school district which failed to submit a 33 final building project cost report by June 30 of the school year follow- 34 ing June 30 of the school year in which the certificate of substantial 35 completion of the project is issued by the architect or engineer, or six 36 months after issuance of such certificate, whichever is later, are here- 37 by ratified and validated, provided the following conditions have been 38 met: (i) that such building project was eligible for aid in a year for 39 which the commissioner of education is required to prepare an estimate 40 of apportionments due and owing pursuant to paragraph c of subdivision 41 21 of section 305 of the education law, and (ii) (A) that the school 42 district was notified in writing by the state education department after 43 March 1, 2015 but before July 1, 2018 that such final building cost 44 reports were late, or (B) such building project was eligible for an 45 installment recovery pursuant to section 11 of part YYY of chapter 59 of 46 the laws of 2017 or sections 48, 49, 50, 51, and 52 of part A of chapter 47 54 of the laws of 2016 or sections 25-a, 25-b, 25-c, 25-d, and 25-e of 48 part A of chapter 56 of the laws of 2015 or section 9-a of part A of 49 chapter 56 of the laws of 2014 or section 24-a of part A of chapter 57 50 of the laws of 2013; provided, however, that notwithstanding any other 51 provision of law to the contrary, the state education department shall 52 not refund any monies for which recovery of excess payments has already 53 been made pursuant to paragraph c of subdivision 5 of section 3604 of 54 the education law and this act. 55 b. The education department is hereby directed to adjust the approved 56 costs of the aforementioned projects for the 2017--2018 school year andS. 7506--A 40 1 thereafter to reflect the ratification and validation provided in this 2 act and to consider such adjusted approved costs as valid and proper 3 obligations of such school districts. 4 § 8. Subdivisions 1, 2 and 7 of section 2116-b of the education law, 5 subdivisions 1 and 7 as added by chapter 263 of the laws of 2005, and 6 subdivision 2 as amended by section 4 of part A of chapter 57 of the 7 laws of 2013, are amended to read as follows: 8 1. No later than July first, two thousand six, each school district 9 shall establish an internal audit function to be in operation no later 10 than the following December thirty-first. Such function shall include: 11 (a) development of a risk assessment of district operations, including 12 but not limited to, a review of financial policies and procedures and 13 the testing and evaluation of district internal controls; (b) [an annu-14al] a review and update of such risk assessment; and (c) preparation of 15 reports[, at least annually or more frequently as the trustees or board16of education may direct,] which analyze significant risk assessment 17 findings, recommend changes for strengthening controls and reducing 18 identified risks, and specify timeframes for implementation of such 19 recommendations. Audits performed pursuant to this section shall be 20 completed every five years. 21 2. School districts of less than eight teachers, school districts with 22 actual general fund expenditures totaling less than five million dollars 23 in the previous school year, or school districts with actual enrollment 24 of less than [one] five thousand [five hundred] students in the previous 25 school year shall be exempt from this requirement. Any school district 26 claiming such exemption shall annually certify to the commissioner that 27 such school district meets the requirements set forth in this subdivi- 28 sion. 29 7. Nothing in this section shall be construed as requiring a school 30 district in any city with a population of one hundred twenty-five thou- 31 sand or more to replace or modify an existing internal audit function 32 where such function already exists by special or local law, so long as 33 the superintendent of the district [annually] certifies to the commis- 34 sioner that the existing internal audit function meets or exceeds the 35 requirements of this section; provided, however, notwithstanding any 36 special or local law to the contrary, school districts shall perform 37 such internal audits every five years. 38 § 9. The opening paragraph of section 3609-b of the education law, as 39 amended by section 33 of part B of chapter 57 of the laws of 2007, is 40 amended to read as follows: 41 Moneys apportioned to school districts for the excess cost aid seta- 42 side pursuant to subdivision four of section thirty-six hundred two of 43 this article and the apportionments for students with disabilities due 44 in accordance with the provisions of subdivisions five and five-a of 45 section thirty-six hundred two of this article and section forty-four 46 hundred five of this chapter, shall be paid to or on behalf of school 47 districts in accordance with the provisions of this section, provided, 48 however, that payments made to or on behalf of any school district 49 pursuant to this section shall be adjusted subsequent to the filing, in 50 an acceptable manner, of aid claim forms prescribed by the commissioner, 51 provided, that the apportionments for students with disabilities due in 52 accordance with the provisions of subdivision five of section thirty-six 53 hundred two of this article and section forty-four hundred five of this 54 chapter, who enroll in school districts after October first, shall be 55 based on attendance in the current school year and shall be paid in theS. 7506--A 41 1 current school year subject to this section and subject to the STAC and 2 AVL filing deadlines established by the commissioner. 3 § 10. Section 207 of the education law is amended to read as follows: 4 § 207. Legislative power. 1. Subject and in conformity to the consti- 5 tution and laws of the state, the regents shall exercise legislative 6 functions concerning the educational system of the state, determine its 7 educational policies, and, except, as to the judicial functions of the 8 commissioner [of education], establish rules for carrying into effect 9 the laws and policies of the state, relating to education, and the func- 10 tions, powers, duties and trusts conferred or charged upon the universi- 11 ty and the [education] department. But no enactment of the regents 12 shall modify in any degree the freedom of the governing body of any 13 seminary for the training of priests or clergymen to determine and regu- 14 late the entire course of religious, doctrinal or theological instruc- 15 tion to be given in such institution. No rule by which more than a 16 majority vote shall be required for any specified action by the regents 17 shall be amended, suspended or repealed by a smaller vote than that 18 required for action thereunder. Rules or regulations, or amendments or 19 repeals thereof, adopted or prescribed by the commissioner [of educa-20tion] as provided by law shall not be effective unless and until 21 approved by the regents, except where authority is conferred by the 22 regents upon the commissioner [of education] to adopt, prescribe, amend 23 or repeal such rules or regulations. 24 2. Prior to promulgation of any rule, regulation, amendment or repeal, 25 pursuant to this section of any other provision of law granting rulemak- 26 ing or regulatory authority, the regents shall request a fiscal note 27 from the division of budget. No rule, regulation, amendment, or repeal 28 shall be promulgated unless a fiscal note from the division of budget 29 has been filed with the secretary of the board of regents. Such fiscal 30 note shall state the estimated annual costs of implementing the rule, 31 regulation, amendment, or repeal to the state, school districts, and any 32 other applicable political subdivisions. The requirement for a fiscal 33 note may be waived at the discretion of the director of the division of 34 budget for rules, regulations, amendments, or repeals promulgated pursu- 35 ant to subdivision six of section two hundred two of the state adminis- 36 trative procedure act. 37 § 11. Section 3 of chapter 507 of the laws of 1974, relating to 38 providing for the apportionment of state monies to certain nonpublic 39 schools, to reimburse them for their expenses in complying with certain 40 state requirements for the administration of state testing and evalu- 41 ation programs and for participation in state programs for the reporting 42 of basic educational data, as amended by section 17 of part YYY of chap- 43 ter 59 of the laws of 2017, is amended to read as follows: 44 § 3. Apportionment. a. The commissioner shall annually apportion to 45 each qualifying school, for school years beginning on and after July 46 first, nineteen hundred seventy-four, an amount equal to the actual cost 47 incurred by each such school during the preceding school year for 48 providing services required by law to be rendered to the state in 49 compliance with the requirements of the state's pupil evaluation 50 program, the basic educational data system, regents examinations, the 51 statewide evaluation plan, the uniform procedure for pupil attendance 52 reporting, the state's immunization program and other similar state 53 prepared examinations and reporting procedures. 54 b. Such nonpublic schools shall be eligible to receive aid based on 55 the number of days or portion of days attendance is taken and either a 56 5.0/5.5 hour standard instructional day, or another work day as certi-S. 7506--A 42 1 fied by the nonpublic school officials. The average hourly rate shall be 2 computed using the following methodology: the total salary and benefits 3 of the individual divided by the total number of hours worked, with the 4 total number of hours worked being the total number of days claimed 5 multiplied by the total number of hours claimed pursuant to this subdi- 6 vision. 7 c. The commissioner shall annually apportion to each qualifying school 8 in the cities of New York, Buffalo and Rochester, for school years 9 beginning on or after July first, two thousand sixteen, an amount equal 10 to the actual cost incurred by each such school during the preceding 11 school year in meeting the recording and reporting requirements of the 12 state school immunization program, provided that the state's liability 13 shall be limited to the amount appropriated for this purpose. 14 § 12. Subdivision 7 of section 3602 of the education law is amended by 15 adding a new paragraph f to read as follows: 16 f. In addition to any other apportionment under this subdivision, for 17 the two thousand eighteen--two thousand nineteen school year and there- 18 after, a public school district other than a city school district in a 19 city having a population of one million or more inhabitants that 20 receives revenue from another public school district or BOCES for eligi- 21 ble shared transportation services, shall be eligible to offset a 22 portion of such revenue received that reduces total expenses allowable 23 for an apportionment under this subdivision. The amount of such offset 24 under this paragraph shall be equal to the product of (1) the amount of 25 revenue received from another public school district or BOCES for 26 providing eligible shared transportation services and (2) the providing 27 school district's transportation aid ratio under this subdivision. For 28 the purpose of this paragraph, the commissioner shall be authorized to 29 promulgate regulations including but not limited to the identification 30 of transportation services eligible for sharing among participants, a 31 methodology for calculating the cost of such shared transportation 32 services among participants, and a reporting mechanism by which school 33 districts will be required to demonstrate to the commissioner that such 34 shared transportation services results in a cost savings to participants 35 as well as to the state. 36 § 13. Intentionally omitted. 37 § 14. Intentionally omitted. 38 § 15. Subdivision 2 of section 3037 of the education law, as added by 39 section 18 of part YYY of chapter 59 of the laws of 2017, is amended to 40 read as follows: 41 2. (a) [Within amounts appropriated therefor,] For claims submitted on 42 or before August first, two thousand nineteen, nonpublic schools shall, 43 upon application, be reimbursed by the department for the salaries of 44 eligible teachers. Each school which seeks a reimbursement pursuant to 45 this section shall submit to the office of religious and independent 46 schools an application therefor, together with such additional documents 47 as the commissioner may reasonably require, at such times, in such form 48 and containing such information as the commissioner may prescribe by 49 regulation. Applications for reimbursement pursuant to this section must 50 be received by August first of each year for schools to be reimbursed 51 for the salaries of eligible teachers in the prior year. 52 (b) For claims submitted for the salaries of eligible teachers in the 53 two thousand nineteen--two thousand twenty school year and thereafter, 54 nonpublic schools shall, upon application, be reimbursed by the depart- 55 ment for the salaries of eligible teachers. Each school which seeks a 56 reimbursement pursuant to this section shall submit to the office ofS. 7506--A 43 1 religious and independent schools an application therefor, together with 2 such additional documents as the commissioner may reasonably require, at 3 such times, in such form and containing such information as the commis- 4 sioner may prescribe by regulation. Applications for reimbursement 5 pursuant to this section must be received by August first of each year 6 for schools to be reimbursed for the salaries of eligible teachers in 7 the prior year. 8 (c) Pursuant to paragraph (a) of this subdivision, reimbursement for 9 eligible teachers shall be the average comparable teacher salary and 10 personal service, per subject area, of public school teachers in the 11 school district in which such nonpublic schools are located, multiplied 12 by the percentage of full time equivalent secular instructional hours 13 completed in the school day per subject area. Reimbursements shall not 14 be provided for eligible teachers who provide instruction in mathemat- 15 ics, science or technology if such teachers also provide non-secular 16 instruction in any capacity. 17 [(c) In] (d) For claims submitted on or before August first, two thou- 18 sand nineteen, in the event that the applications for reimbursement 19 under this section exceed the appropriation available for this program, 20 then each applicant shall only be reimbursed an amount equal to the 21 percentage that each such applicant represents to the total of all 22 applications submitted. 23 § 16. Subdivision 4 of section 3627 of the education law, as amended 24 by section 53 of part A of chapter 54 of the laws of 2016, is amended to 25 read as follows: 26 4. Notwithstanding any other provision of law to the contrary, any 27 expenditures for transportation provided pursuant to this section in the 28 two thousand thirteen--two thousand fourteen school year and thereafter 29 and otherwise eligible for transportation aid pursuant to subdivision 30 seven of section thirty-six hundred two of this article shall be consid- 31 ered approved transportation expenses eligible for transportation aid, 32 provided further that for the two thousand thirteen--two thousand four- 33 teen school year such aid shall be limited to eight million one hundred 34 thousand dollars and for the two thousand fourteen--two thousand fifteen 35 school year such aid shall be limited to the sum of twelve million six 36 hundred thousand dollars plus the base amount and for the two thousand 37 fifteen--two thousand sixteen school year and thereafter such aid shall 38 be limited to the sum of [seventeen] eighteen million [one] six hundred 39 thousand dollars plus the base amount. The cost of qualified tuition 40 reductions authorized for reimbursement pursuant to paragraph b of 41 subdivision one of this section shall be limited on an annual basis to 42 four million dollars, which amount shall be subject to the limitations 43 described in the preceding sentence of this subdivision and shall not be 44 in addition to any amount authorized by the preceding sentence of this 45 subdivision. For purposes of this subdivision, "base amount" means the 46 amount of transportation aid paid to the school district for expendi- 47 tures incurred in the two thousand twelve--two thousand thirteen school 48 year for transportation that would have been eligible for aid pursuant 49 to this section had this section been in effect in such school year, 50 except that subdivision six of this section shall be deemed not to have 51 been in effect. And provided further that the school district shall 52 continue to annually expend for the transportation described in subdivi- 53 sion one of this section at least the expenditures used for the base 54 amount.S. 7506--A 44 1 § 16-a. Paragraph (b) of subdivision 1 of section 3627 of the educa- 2 tion law, as amended by section 7 of part A of chapter 56 of the laws of 3 2014, is amended to read as follows: 4 (b) reimbursing the cost, which may include fringe benefits including, 5 but not limited to, qualified tuition reductions allowable under federal 6 law, incurred by licensed transportation carriers pursuant to contracts 7 with such school district for providing transportation for those chil- 8 dren attending public and nonpublic schools in grades kindergarten 9 through six who remain at the same school for which they are enrolled 10 for regularly scheduled academic classes from half-past nine o'clock in 11 the morning or earlier until four o'clock in the afternoon or later, on 12 weekdays, and reside at least one mile from their school of attendance 13 for grades three through six, and at least one-half mile from their 14 school of attendance for grades kindergarten through two. 15 § 16-b. Subparagraph 11 of paragraph e and paragraph f of subdivision 16 1 of section 3623-a of the education law, as added by chapter 474 of the 17 laws of 1996, is amended and a new paragraph g is added to read as 18 follows: 19 (11) other expenses for district operated transportation systems, as 20 approved pursuant to regulations of the commissioner[.]; 21 f. Other transportation operating expenses as approved pursuant to 22 regulations of the commissioner[.]; 23 g. For reimbursement of the cost incurred by licensed transportation 24 carriers pursuant to paragraph (b) of subdivision one of section thir- 25 ty-six hundred twenty-seven of this part, such cost may include fringe 26 benefits including, but not limited to, qualified tuition reductions 27 allowable under federal law. Provided however that the cost of qualified 28 tuition reductions authorized to be reimbursed pursuant to paragraph (b) 29 of subdivision one of section thirty-six hundred twenty-seven of this 30 part shall be limited on an annual basis to four million dollars. 31 § 17. Notwithstanding any provision of law, rule, or regulation to the 32 contrary, any special act school district established pursuant to Chap- 33 ter 566 of the Laws of 1967, as amended, subject to an intake closure or 34 limit on the entry of new student placements during the two thousand 35 sixteen--two thousand seventeen school year or the two thousand seven- 36 teen--two thousand eighteen school year by the New York State Office of 37 Children and Family Services or the New York State Office of Mental 38 Health, where student enrollment in such district in the two thousand 39 seventeen--two thousand eighteen school year is at least forty percent 40 less than such school district's enrollment in the two thousand four- 41 teen--two thousand fifteen school year, shall be held harmless from any 42 reduction in tuition revenue or any tuition rate calculation and/or rate 43 reconciliation arising out of such intake closure or limit on the entry 44 of new student placements during the two thousand sixteen--two thousand 45 seventeen school year or the two thousand seventeen--two thousand eigh- 46 teen school year. The commissioner of education is hereby directed to 47 substitute two thousand fifteen--two thousand sixteen school year pupil 48 counts reported by any special act school district under this section to 49 calculate and finalize any tuition rate and/or tuition rate reconcil- 50 iation for such special act school district and shall submit such 51 tuition rate and/or tuition rate reconciliation to the director of the 52 budget and the director of the budget is hereby directed to approve such 53 submittal. In the event such special act school district under this 54 section sustains a reduction in tuition revenue for the two thousand 55 sixteen--two thousand seventeen school year or the two thousand seven- 56 teen--two thousand eighteen school year, the school district shallS. 7506--A 45 1 submit a claim for reimbursement to the commissioner of education no 2 later than July 31, 2018 for the amount of such reduction in tuition 3 revenue including an accounting in writing of how such reduction in 4 tuition revenue was calculated and the director of the budget is hereby 5 directed to approve and pay such claim. 6 § 18. Section 1527-c of the education law, as added by section 21 of 7 subpart F of part C of chapter 97 of the laws of 2011, is amended to 8 read as follows: 9 § 1527-c. Shared superintendent program. 1. Notwithstanding any other 10 provision of law, rule or regulation to the contrary, the governing 11 board of a public school district eligible for an apportionment under 12 subdivision four of section thirty-six hundred two of this chapter and 13 with an enrollment of less than one thousand students in the previous 14 year shall be authorized to enter into a school superintendent sharing 15 contract with no more than two additional public school districts each 16 of which had fewer than one thousand in enrolled pupils in the previous 17 year. Each shared superintendent arrangement shall be governed by the 18 boards of education of the public school districts participating in the 19 shared contract, provided that such shared superintendent contract must 20 be approved by a duly adopted board resolution of each participating 21 public school district prior to the commencement of services. Provided 22 however, that this section shall not be construed to alter, affect or 23 impair any employment contract which is in effect on or before July 24 first, two thousand [thirteen] eighteen. Any public school district 25 which has entered into a school superintendent sharing program will 26 continue to be eligible to complete such contract notwithstanding that 27 the enrollment of the public school district exceeded one thousand 28 students after entering into a shared superintendent contract. Provided 29 further, that this program shall only apply to shared superintendents 30 and shall not apply to shared associate superintendents, shared assist- 31 ant superintendents, or shared deputy superintendents. 32 2. (a) The commissioner is authorized to provide an apportionment to 33 each school district participating in a shared superintendent program 34 equal to (i) twenty-five percent of such superintendent's annual salary 35 where there are two participating school districts, or (ii) seventeen 36 percent of such superintendent's annual salary where there are three 37 participating school districts. 38 (b) For purposes of calculating the apportionment: (i) the superinten- 39 dent's annual salary shall be equal to the lesser of (A) the district's 40 net cost of the superintendent's prorated annual salary without benefits 41 pursuant to an inter-municipal agreement, contract or memorandum of 42 understanding, or (B) the median salary without benefits of all current 43 full-time public school superintendents in a public school district 44 eligible for an apportionment under subdivision four of section thirty- 45 six hundred two of this chapter in the county where such shared super- 46 intendent program is located; 47 (ii) in the event the public school districts participating in such 48 shared superintendent program are located in different counties, the 49 superintendent's salary shall be equal to the lesser of (A) the 50 district's net cost of the superintendent's prorated annual salary with- 51 out benefits pursuant to an inter-municipal agreement, contract or memo- 52 randum of understanding, or (B) the average of the median salary without 53 benefits of all current full-time public school superintendents in a 54 public school district eligible for an apportionment under subdivision 55 four of section thirty-six hundred two of this chapter in each county 56 where such shared superintendent program is located. (C) No apportion-S. 7506--A 46 1 ment shall be provided to any school district subject to the provisions 2 of section two thousand twenty-three-a of this chapter and that has 3 adopted a budget or where voters have approved a budget in excess of the 4 tax levy limit prescribed by such section where such budget is in effect 5 during the term of such shared superintendent program. Provided further, 6 that in no event shall districts that have entered into an aidable coop- 7 erative educational services agreement for any such services with a 8 board of cooperative educational services pursuant to section nineteen 9 hundred fifty of this title be eligible for an award pursuant to this 10 section for the same purpose. 11 3. The claim for an apportionment to be paid to each public school 12 district under this section shall be submitted to the commissioner on a 13 form prescribed for such purpose, and shall be payable no later than the 14 first of September of the year following the year of participation in 15 such shared superintendent program. Claims for an apportionment shall 16 document (a) the district's net cost of the superintendent's prorated 17 annual salary without benefits pursuant to an inter-municipal agreement, 18 contract or memorandum of understanding, and (b) the savings obtained as 19 a result of a district's participation in the shared superintendent 20 program. The commissioner shall calculate the median salary without 21 benefits of all current full-time public school superintendents in a 22 public school district eligible for an apportionment under subdivision 23 four of section thirty-six hundred two of this chapter in the county or 24 counties where such shared superintendent program is located. 25 4. A superintendent working as an employee of one or more school 26 districts under this section shall not be eligible to earn additional 27 retirement service credit in any public retirement system as defined in 28 section eight hundred of the retirement and social security law. 29 § 19. Subdivision 1 of section 2856 of the education law, as amended 30 by section 4 of part YYY of chapter 59 of the laws of 2017, is amended 31 to read as follows: 32 1. (a) The enrollment of students attending charter schools shall be 33 included in the enrollment, attendance, membership and, if applicable, 34 count of students with disabilities of the school district in which the 35 pupil resides. The charter school shall report all such data to the 36 school districts of residence in a timely manner. Each school district 37 shall report such enrollment, attendance and count of students with 38 disabilities to the department. The school district of residence shall 39 pay directly to the charter school for each student enrolled in the 40 charter school who resides in the school district the charter school 41 basic tuition, which shall be: 42 (i) for school years prior to the two thousand nine--two thousand ten 43 school year, an amount equal to one hundred percent of the amount calcu- 44 lated pursuant to paragraph f of subdivision one of section thirty-six 45 hundred two of this chapter for the school district for the year prior 46 to the base year increased by the percentage change in the state total 47 approved operating expense calculated pursuant to paragraph t of subdi- 48 vision one of section thirty-six hundred two of this chapter from two 49 years prior to the base year to the base year; 50 (ii) for the two thousand nine--two thousand ten school year, the 51 charter school basic tuition shall be the amount payable by such 52 district as charter school basic tuition for the two thousand eight--two 53 thousand nine school year; 54 (iii) for the two thousand ten--two thousand eleven through two thou- 55 sand thirteen--two thousand fourteen school years, the charter school 56 basic tuition shall be the basic tuition computed for the two thousandS. 7506--A 47 1 ten--two thousand eleven school year pursuant to the provisions of 2 subparagraph (i) of this paragraph; 3 (iv) for the two thousand fourteen--two thousand fifteen, two thousand 4 fifteen--two thousand sixteen and two thousand sixteen--two thousand 5 seventeen school years, the charter school basic tuition shall be the 6 sum of the lesser of the charter school basic tuition computed for the 7 two thousand ten--two thousand eleven school year pursuant to the 8 provisions of subparagraph (i) of this paragraph or the charter school 9 basic tuition computed for the current year pursuant to the provisions 10 of subparagraph (i) of this paragraph plus the supplemental basic 11 tuition; 12 (v) for the two thousand seventeen--two thousand eighteen school year, 13 the charter school basic tuition shall be the sum of (A) the charter 14 school basic tuition for the two thousand sixteen--two thousand seven- 15 teen school year plus (B) five hundred dollars; 16 (vi) for the two thousand eighteen--two thousand nineteen school 17 year[, the charter school basic tuition shall be the lesser of (A) the18product of (i) the charter school basic tuition calculated for the base19year multiplied by (ii) the average of the quotients for each school20year in the period commencing with the year five years prior to the base21year and finishing with the year prior to the base year of the total22approved operating expense for such school district calculated pursuant23to paragraph t of subdivision one of section thirty-six hundred two of24this chapter for each such year divided by the total approved operating25expense for such district for the immediately preceding year, provided26that the highest and lowest annual quotients shall be excluded from the27calculation of such average or (B) the quotient of the total general28fund expenditures for the school district calculated pursuant to an29electronic data file created for the purpose of compliance with para-30graph b of subdivision twenty-one of section three hundred five of this31chapter published annually on May fifteenth for the year prior to the32base year divided by the total estimated public enrollment for the33school district pursuant to paragraph n of subdivision one of section34thirty-six hundred two of this chapter for the year prior to the base35year.36(vii) for the two thousand nineteen--two thousand twenty school year37the charter school basic tuition shall be the lesser of (A) the product38of (i) the charter school basic tuition calculated for the base year39multiplied by (ii) the average of the quotients for each school year in40the period commencing with the year three years prior to the base year41and finishing with the year prior to the base year of the total approved42operating expense for such school district calculated pursuant to para-43graph t of subdivision one of section thirty-six hundred two of this44chapter for each such year divided by the total approved operating45expense for such district for the immediately preceding year provided46that the highest annual quotient calculated pursuant to this subpara-47graph shall be replaced by the average quotient calculated pursuant to48subparagraph (vi) of this paragraph or (B) the quotient of the total49general fund expenditures for the school district calculated pursuant to50an electronic data file created for the purpose of compliance with para-51graph b of subdivision twenty-one of section three hundred five of this52chapter published annually on May fifteenth for the year prior to the53base year divided by the total estimated public enrollment for the54school district pursuant to paragraph n of subdivision one of section55thirty-six hundred two of this chapter for the year prior to the base56year.S. 7506--A 48 1(viii) for the two thousand twenty--two thousand twenty-one school2year and thereafter, the charter school basic tuition shall be the less-3er of (A) the product of (i) the charter school basic tuition calculated4for the base year multiplied by (ii) the average of the quotients for5each school year in the period commencing with the year three years6prior to the base year and finishing with the year prior to the base7year of the total approved operating expense for such school district8calculated pursuant to paragraph t of subdivision one of section thir-9ty-six hundred two of this chapter for each such year divided by the10total approved operating expense for such district for the immediately11preceding year or (B) the quotient of the total general fund expendi-12tures for the school district calculated pursuant to an electronic data13file created for the purpose of compliance with paragraph b of subdivi-14sion twenty-one of section three hundred five of this chapter published15annually on May fifteenth for the year prior to the base year divided by16the total estimated public enrollment for the school district pursuant17to paragraph n of subdivision one of section thirty-six hundred two of18this chapter for the year prior to the base year.] and thereafter, the 19 charter school basic tuition shall be equal to the sum of (1) the formu- 20 la charter school tuition amount, which shall equal one hundred percent 21 of the amount calculated pursuant to paragraph f of subdivision one of 22 section thirty-six hundred two of this chapter for the school district 23 for the year prior to the base year increased by the percentage change 24 in the state total approved operating expense calculated pursuant to 25 paragraph t of subdivision one of section thirty-six hundred two of this 26 chapter from two years prior to the base year to the base year plus (2) 27 the additional charter school tuition amount; 28 (a-1) (i) For the purposes of this subdivision, the "supplemental 29 basic tuition" shall be (A) for a school district for which the charter 30 school basic tuition computed for the current year is greater than or 31 equal to the charter school basic tuition for the two thousand ten--two 32 thousand eleven school year pursuant to the provisions of subparagraph 33 (i) of [this] paragraph (a) of this subdivision, (1) for the two thou- 34 sand fourteen--two thousand fifteen school year two hundred and fifty 35 dollars, and (2) for the two thousand fifteen--two thousand sixteen 36 school year three hundred and fifty dollars, and (3) for the two thou- 37 sand sixteen--two thousand seventeen school year five hundred dollars, 38 and (4) for the two thousand seventeen--two thousand eighteen school 39 year [and thereafter], the sum of (i) the supplemental basic tuition 40 calculated for the two thousand sixteen--two thousand seventeen school 41 year plus (ii) five hundred dollars, and (B) for school years prior to 42 the two thousand seventeen--two thousand eighteen school year, for a 43 school district for which the charter school basic tuition for the two 44 thousand ten--two thousand eleven school year is greater than the char- 45 ter school basic tuition for the current year pursuant to the provisions 46 of subparagraph (i) of [this] paragraph (a) of this subdivision, the 47 positive difference of the charter school basic tuition for the two 48 thousand ten--two thousand eleven school year minus the charter school 49 basic tuition for the current year pursuant to the provisions of subpar- 50 agraph (i) of [this] paragraph (a) of this subdivision and (C) for 51 school years following the two thousand sixteen--two thousand seventeen 52 school years, for a school district for which the charter school basic 53 tuition for the two thousand ten--two thousand eleven school year is 54 greater than the charter school basic tuition for the current year 55 pursuant to the provisions of subparagraph (i) of [this] paragraph (a) 56 of this subdivision, the sum of (i) the supplemental basic tuitionS. 7506--A 49 1 calculated for the two thousand sixteen--two thousand seventeen school 2 year plus (ii) five hundred dollars. 3 (ii) For the purposes of this subdivision, the "additional charter 4 school tuition amount" shall equal the sum of the per pupil calculated 5 pursuant to resolution R3049 of 2015, plus the per pupil calculated 6 pursuant to resolution R6505 of 2016, plus four hundred dollars ($400). 7 (b) The school district shall also pay directly to the charter school 8 any federal or state aid attributable to a student with a disability 9 attending charter school in proportion to the level of services for such 10 student with a disability that the charter school provides directly or 11 indirectly. Notwithstanding anything in this section to the contrary, 12 amounts payable pursuant to this subdivision from state or local funds 13 may be reduced pursuant to an agreement between the school and the char- 14 ter entity set forth in the charter. Payments made pursuant to this 15 subdivision shall be made by the school district in six substantially 16 equal installments each year beginning on the first business day of July 17 and every two months thereafter. Amounts payable under this subdivision 18 shall be determined by the commissioner. Amounts payable to a charter 19 school in its first year of operation shall be based on the projections 20 of initial-year enrollment set forth in the charter until actual enroll- 21 ment data is reported to the school district by the charter school. Such 22 projections shall be reconciled with the actual enrollment as actual 23 enrollment data is so reported and at the end of the school's first year 24 of operation and each subsequent year based on a final report of actual 25 enrollment by the charter school, and any necessary adjustments result- 26 ing from such final report shall be made to payments during the school's 27 following year of operation. 28 (c) Notwithstanding any other provision of this subdivision to the 29 contrary, payment of the federal aid attributable to a student with a 30 disability attending a charter school shall be made in accordance with 31 the requirements of section 8065-a of title twenty of the United States 32 code and sections 76.785-76.799 and 300.209 of title thirty-four of the 33 code of federal regulations. 34 (d) School districts shall be eligible for an annual apportionment 35 equal to the amount of the supplemental basic tuition for the charter 36 school in the base year for the expenses incurred in the two thousand 37 fourteen--two thousand fifteen, two thousand fifteen--two thousand 38 sixteen, and two thousand sixteen--two thousand seventeen school years 39 [and thereafter]. For the two thousand eighteen--two thousand nineteen 40 school year and thereafter, charter schools shall be eligible for an 41 annual apportionment equal to the amount of the additional charter 42 school tuition paid in the base year defined pursuant to subparagraph 43 (ii) of paragraph a-one of this subdivision. 44 § 20. Subdivision 1 of section 2856 of the education law, as amended 45 by section 4-a of part YYY of chapter 59 of the laws of 2017, is amended 46 to read as follows: 47 1. (a) The enrollment of students attending charter schools shall be 48 included in the enrollment, attendance and, if applicable, count of 49 students with disabilities of the school district in which the pupil 50 resides. The charter school shall report all such data to the school 51 districts of residence in a timely manner. Each school district shall 52 report such enrollment, attendance and count of students with disabili- 53 ties to the department. The school district of residence shall pay 54 directly to the charter school for each student enrolled in the charter 55 school who resides in the school district the charter school basic 56 tuition which shall be:S. 7506--A 50 1 (i) for school years prior to the two thousand nine--two thousand ten 2 school year, an amount equal to one hundred percent of the amount calcu- 3 lated pursuant to paragraph f of subdivision one of section thirty-six 4 hundred two of this chapter for the school district for the year prior 5 to the base year increased by the percentage change in the state total 6 approved operating expense calculated pursuant to paragraph t of subdi- 7 vision one of section thirty-six hundred two of this chapter from two 8 years prior to the base year to the base year; 9 (ii) for the two thousand nine--two thousand ten school year, the 10 charter school basic tuition shall be the amount payable by such 11 district as charter school basic tuition for the two thousand eight--two 12 thousand nine school year; 13 (iii) for the two thousand ten--two thousand eleven through two thou- 14 sand thirteen--two thousand fourteen school years, the charter school 15 basic tuition shall be the basic tuition computed for the two thousand 16 ten--two thousand eleven school year pursuant to the provisions of 17 subparagraph (i) of this paragraph; 18 (iv) for the two thousand fourteen--two thousand fifteen, two thousand 19 fifteen--two thousand sixteen and two thousand sixteen--two thousand 20 seventeen school years, the charter school basic tuition shall be the 21 sum of the lesser of the charter school basic tuition computed for the 22 two thousand ten--two thousand eleven school year pursuant to the 23 provisions of subparagraph (i) of this paragraph or the charter school 24 basic tuition computed for the current year pursuant to the provisions 25 of subparagraph (i) of this paragraph plus the supplemental basic 26 tuition; 27 (v) for the two thousand seventeen--two thousand eighteen school year, 28 the charter school basic tuition shall be the sum of (A) the charter 29 school basic tuition for the two thousand sixteen--two thousand seven- 30 teen school year plus (B) five hundred dollars; 31 (vi) for the two thousand eighteen--two thousand nineteen school 32 year[, the charter school basic tuition shall be the lesser of (A) the33product of (i) the charter school basic tuition calculated for the base34year multiplied by (ii) the average of the quotients for each school35year in the period commencing with the year five years prior to the base36year and finishing with the year prior to the base year of the total37approved operating expense for such school district calculated pursuant38to paragraph t of subdivision one of section thirty-six hundred two of39this chapter for each such year divided by the total approved operating40expense for such district for the immediately preceding year, provided41that the highest and lowest annual quotients shall be excluded from the42calculation of such average or (B) the quotient of the total general43fund expenditures for the school district calculated pursuant to an44electronic data file created for the purpose of compliance with para-45graph b of subdivision twenty-one of section three hundred five of this46chapter published annually on May fifteenth for the year prior to the47base year divided by the total estimated public enrollment for the48school district pursuant to paragraph n of subdivision one of section49thirty-six hundred two of this chapter for the year prior to the base50year.51(vii) for the two thousand nineteen--two thousand twenty school year52the charter school basic tuition shall be the lesser of (A) the product53of (i) the charter school basic tuition calculated for the base year54multiplied by (ii) the average of the quotients for each school year in55the period commencing with the year three years prior to the base year56and finishing with the year prior to the base year of the total approvedS. 7506--A 51 1operating expense for such school district calculated pursuant to para-2graph t of subdivision one of section thirty-six hundred two of this3chapter for each such year divided by the total approved operating4expense for such district for the immediately preceding year provided5that the highest annual quotient calculated pursuant to this subpara-6graph shall be replaced by the average quotient calculated pursuant to7subparagraph (vi) of this paragraph or (B) the quotient of the total8general fund expenditures for the school district calculated pursuant to9an electronic data file created for the purpose of compliance with para-10graph b of subdivision twenty-one of section three hundred five of this11chapter published annually on May fifteenth for the year prior to the12base year divided by the total estimated public enrollment for the13school district pursuant to paragraph n of subdivision one of section14thirty-six hundred two of this chapter for the year prior to the base15year.16(viii) for the two thousand twenty--two thousand twenty-one school17year and thereafter, the charter school basic tuition shall be the less-18er of (A) the product of (i) the charter school basic tuition calculated19for the base year multiplied by (ii) the average of the quotients for20each school year in the period commencing with the year three years21prior to the base year and finishing with the year prior to the base22year of the total approved operating expense for such school district23calculated pursuant to paragraph t of subdivision one of section thir-24ty-six hundred two of this chapter for each such year divided by the25total approved operating expense for such district for the immediately26preceding year or (B) the quotient of the total general fund expendi-27tures for the school district calculated pursuant to an electronic data28file created for the purpose of compliance with paragraph b of subdivi-29sion twenty-one of section three hundred five of this chapter published30annually on May fifteenth for the year prior to the base year divided by31the total estimated public enrollment for the school district pursuant32to paragraph n of subdivision one of section thirty-six hundred two of33this chapter for the year prior to the base year.] and thereafter, the 34 charter school basic tuition shall be equal to the sum of (1) the formu- 35 la charter school tuition amount, which shall equal one hundred percent 36 of the amount calculated pursuant to paragraph f of subdivision one of 37 section thirty-six hundred two of this chapter for the school district 38 for the year prior to the base year increased by the percentage change 39 in the state total approved operating expense calculated pursuant to 40 paragraph t of subdivision one of section thirty-six hundred two of this 41 chapter from two years prior to the base year to the base year plus (2) 42 the additional charter school tuition amount; 43 (a-1) (i) For the purposes of this subdivision, the "supplemental 44 basic tuition" shall be (A) for a school district for which the charter 45 school basic tuition computed for the current year is greater than or 46 equal to the charter school basic tuition for the two thousand ten--two 47 thousand eleven school year pursuant to the provisions of subparagraph 48 (i) of [this] paragraph (a) of this subdivision, (1) for the two thou- 49 sand fourteen--two thousand fifteen school year two hundred and fifty 50 dollars, and (2) for the two thousand fifteen--two thousand sixteen 51 school year three hundred and fifty dollars, and (3) for the two thou- 52 sand sixteen--two thousand seventeen school year five hundred dollars, 53 and (4) for the two thousand seventeen--two thousand eighteen school 54 year [and thereafter], the sum of (i) the supplemental basic tuition 55 calculated for the two thousand sixteen--two thousand seventeen school 56 year plus (ii) five hundred dollars, and (B) for school years prior toS. 7506--A 52 1 the two thousand seventeen--two thousand eighteen school year, for a 2 school district for which the charter school basic tuition for the two 3 thousand ten--two thousand eleven school year is greater than the char- 4 ter school basic tuition for the current year pursuant to the provisions 5 of subparagraph (i) of [this] paragraph (a) of this subdivision, the 6 positive difference of the charter school basic tuition for the two 7 thousand ten--two thousand eleven school year minus the charter school 8 basic tuition for the current year pursuant to the provisions of subpar- 9 agraph (i) of [this] paragraph (a) of this subdivision and (C) for 10 school years following the two thousand sixteen--two thousand seventeen 11 school years, for a school district for which the charter school basic 12 tuition for the two thousand ten--two thousand eleven school year is 13 greater than the charter school basic tuition for the current year 14 pursuant to the provisions of subparagraph (i) of [this] paragraph (a) 15 of this subdivision, the sum of (i) the supplemental basic tuition 16 calculated for the two thousand sixteen--two thousand seventeen school 17 year plus (ii) five hundred dollars. 18 (ii) For the purposes of this subdivision, the "additional charter 19 school tuition amount" shall equal the sum of the per pupil calculated 20 pursuant to resolution R3049 of 2015, plus the per pupil calculated 21 pursuant to resolution R6505 of 2016, plus four hundred dollars ($400). 22 (b) The school district shall also pay directly to the charter school 23 any federal or state aid attributable to a student with a disability 24 attending charter school in proportion to the level of services for such 25 student with a disability that the charter school provides directly or 26 indirectly. Notwithstanding anything in this section to the contrary, 27 amounts payable pursuant to this subdivision may be reduced pursuant to 28 an agreement between the school and the charter entity set forth in the 29 charter. Payments made pursuant to this subdivision shall be made by the 30 school district in six substantially equal installments each year begin- 31 ning on the first business day of July and every two months thereafter. 32 Amounts payable under this subdivision shall be determined by the 33 commissioner. Amounts payable to a charter school in its first year of 34 operation shall be based on the projections of initial-year enrollment 35 set forth in the charter. Such projections shall be reconciled with the 36 actual enrollment at the end of the school's first year of operation, 37 and any necessary adjustments shall be made to payments during the 38 school's second year of operation. 39 (c) School districts shall be eligible for an annual apportionment 40 equal to the amount of the supplemental basic tuition for the charter 41 school in the base year for the expenses incurred in the two thousand 42 fourteen--two thousand fifteen, two thousand fifteen--two thousand 43 sixteen, and two thousand sixteen--two thousand seventeen school years 44 [and thereafter]. For the two thousand eighteen--two thousand nineteen 45 school year and thereafter, charter schools shall be eligible for an 46 annual apportionment equal to the amount of the additional charter 47 school tuition paid in the base year defined pursuant to subparagraph 48 (ii) of paragraph a-one of this subdivision. 49 § 21. Section 3602 of the education law is amended by adding a new 50 subdivision 6-i to read as follows: 51 6-i. Building aid for schools authorized pursuant to article fifty-six 52 of this chapter. a. Schools authorized pursuant to article fifty-six of 53 this chapter shall be eligible for building aid to the same extent as 54 school districts in a process prescribed by the commissioner, provided, 55 that (1) aid apportionments for such schools shall be calculated based 56 on the actual amortization and actual interest rate, (2) the buildingS. 7506--A 53 1 aid ratio used shall be the ratio for the school district in which the 2 school is located, and the charter school shall be responsible for 3 payment of the local share of any aidable building expenses, and (3) aid 4 on expenditures for lease payments shall be apportioned only if the 5 lease has been approved by the school's board of trustees, the authoriz- 6 ing entity, and the commissioner. 7 b. The commissioner shall be authorized to grant specific waivers from 8 building aid program requirements to schools authorized pursuant to 9 article fifty-six of this chapter upon a showing that compliance with 10 such requirements would create an undue economic hardship or that some 11 other good cause exists that makes compliance extremely impractical. 12 c. School districts that collect payments from a school authorized 13 pursuant to article fifty-six of this chapter under a lease or any other 14 arrangement for the use of district-owned facilities shall have its 15 building aid apportionment reduced by an amount equal to the school's 16 payments to the district provided, however, nothing in this subdivision 17 shall be construed to authorize a reduction in building aid attributable 18 to building projects subject to the provisions of subdivision four of 19 section twenty-seven hundred ninety-nine-tt of the public authorities 20 law. 21 d. In the event that a school is no longer authorized pursuant to 22 article fifty-six of this chapter, building aid payments shall cease 23 immediately. 24 e. A charter school authorized under this article shall not be enti- 25 tled to receive both building aid under this subdivision and under 26 subdivision three of section twenty-eight hundred fifty-three of this 27 chapter. 28 § 22. Subdivision 1 of section 273-a of the education law, as amended 29 by section 1 of chapter 480 of the laws of 2015, is amended to read as 30 follows: 31 1. State aid shall be provided for up to fifty percent of the total 32 project approved costs, excluding feasibility studies, plans or similar 33 activities, for projects for the installation and infrastructure of 34 broadband services, and for the acquisition of vacant land and the 35 acquisition, construction, renovation or rehabilitation, including 36 leasehold improvements, of buildings of public libraries and library 37 systems chartered by the regents of the state of New York or established 38 by act of the legislature subject to the limitations provided in subdi- 39 vision five of this section and upon approval by the commissioner, 40 except that state aid may be provided for up to [seventy-five] ninety 41 percent of the total project approved costs for buildings of public 42 libraries that are located in an economically disadvantaged community. 43 Provided however that the state liability for aid paid pursuant to this 44 section shall be limited to funds appropriated for such purpose. Aid 45 shall be provided on approved expenses incurred during the period 46 commencing July first and ending June thirtieth for up to three years, 47 or until the project is completed, whichever occurs first. Fifty percent 48 of such aid shall be payable to each system or library upon approval of 49 the application by the department. Forty percent of such aid shall be 50 payable in the next state fiscal year. The remaining ten percent shall 51 be payable upon project completion. 52 § 23. The Education Department shall establish student-specific 53 tuition rate enhancements for three of the largest children's residen- 54 tial project education programs established pursuant to paragraph d of 55 subdivision 5 of section 3202 of the education law, known as the Centers 56 of Excellence in the treatment of children with Autism Spectrum Disor-S. 7506--A 54 1 ders (ASD) and other complex disabilities. Such funds shall be used, as 2 part of the State's broader efforts to address out-of-state placements, 3 to annually provide enhanced clinical, educational and behavioral 4 support programs for up to 30 students with autism and related disabili- 5 ties whose behaviors are of such frequency, severity and intensity that 6 their needs cannot currently be fully addressed through the resources 7 provided to NYS school programs. The enhanced rates shall provide these 8 programs with the staff, expertise and specially-designed environments 9 necessary to effectively educate those students with the most severe and 10 complex needs. Such programs shall submit evidence of effectiveness data 11 to the education department annually, for up to three years, at which 12 time the education department, in consultation with the office for 13 people with developmental disabilities and the division of the budget 14 shall determine whether to continue such programs on a permanent basis. 15 § 24. The subdivision heading and paragraphs a and b of subdivision 10 16 of section 3602 of the education law, the subdivision heading and para- 17 graph a of subdivision 10 as amended by section 32 of part H of chapter 18 83 of the laws of 2002, paragraph b of subdivision 10 as amended and 19 such subdivision as renumbered by section 16 of part B of chapter 57 of 20 the laws of 2007, are amended to read as follows: 21 Special services aid for large city school districts and other school 22 districts which were not components of a board of cooperative educa- 23 tional services in the base year and any school district located in a 24 city with a population between sixty-two thousand and sixty-five thou- 25 sand or between sixty-seven thousand and seventy thousand as recorded in 26 the two thousand ten census. a. The city school districts of those 27 cities having populations in excess of one hundred twenty-five thousand 28 and any other school district which was not a component of a board of 29 cooperative educational services in the base year shall be entitled to 30 an apportionment under the provisions of this section. Any school 31 district located in a city with a population between sixty-two thousand 32 and sixty-five thousand or between sixty-seven thousand and seventy 33 thousand as recorded in the two thousand ten census shall be entitled to 34 an apportionment under the provisions of paragraph b of this subdivi- 35 sion. 36 b. Aid for career education. There shall be apportioned to such city 37 school districts and other school districts which were not components of 38 a board of cooperative educational services in the base year and any 39 school district located in a city with a population between sixty-two 40 thousand and sixty-five thousand or between sixty-seven thousand and 41 seventy thousand as recorded in the two thousand ten census for pupils 42 in grades ten through twelve in attendance in career education programs 43 as such programs are defined by the commissioner, subject for the 44 purposes of this paragraph to the approval of the director of the budg- 45 et, an amount for each such pupil to be computed by multiplying the 46 career education aid ratio by three thousand nine hundred dollars. Such 47 aid will be payable for weighted pupils attending career education 48 programs operated by the school district and, for city school districts 49 of those cities having populations in excess of one hundred twenty-five 50 thousand and any other school district which was not a component of a 51 board of cooperative educational services in the base year for weighted 52 pupils for whom such school district contracts with boards of cooper- 53 ative educational services to attend career education programs operated 54 by a board of cooperative educational services. Weighted pupils for the 55 purposes of this paragraph shall mean the sum of the attendance of 56 students in grades ten through twelve in career education sequences inS. 7506--A 55 1 trade, industrial, technical, agricultural or health programs plus the 2 product of sixteen hundredths multiplied by the attendance of students 3 in grades ten through twelve in career education sequences in business 4 and marketing as defined by the commissioner in regulations. The career 5 education aid ratio shall be computed by subtracting from one the prod- 6 uct obtained by multiplying fifty-nine percent by the combined wealth 7 ratio. This aid ratio shall be expressed as a decimal carried to three 8 places without rounding, but not less than thirty-six percent. 9 Any school district that receives aid pursuant to this paragraph shall 10 be required to use such amount to support career education programs in 11 the current year. 12 A board of education which spends less than its local funds as defined 13 by regulations of the commissioner for career education in the base year 14 during the current year shall have its apportionment under this subdivi- 15 sion reduced in an amount equal to such deficiency in the current or a 16 succeeding school year, provided however that the commissioner may waive 17 such reduction upon determination that overall expenditures per pupil in 18 support of career education programs were continued at a level equal to 19 or greater than the level of such overall expenditures per pupil in the 20 preceding school year. 21 § 25. This act shall take effect immediately and section eleven of 22 this act shall apply to apportionments made after July 1, 2014; 23 provided, however, the amendments to paragraph b-1 of subdivision 4 of 24 section 3602 of the education law made by section one of this act shall 25 not affect the expiration of such paragraph and shall expire therewith; 26 provided however, that sections sixteen, sixteen-a, and sixteen-b of 27 this act shall be deemed to have been in full force and effect on the 28 same date as section 23 of part A of chapter 57 of the laws of 2013 took 29 effect; provided that the amendments to subdivision 1 of section 2856 of 30 the education law made by section nineteen of this act shall be subject 31 to the expiration and reversion of such subdivision pursuant to subdivi- 32 sion d of section 27 of chapter 378 of the laws of 2007, as amended, 33 when upon such date the provisions of section twenty of this act shall 34 take effect; provided further however that the amendments to subdivision 35 1 of section 273-a of the education law made by section twenty-two of 36 this act shall not affect the expiration of such section as provided in 37 chapter 498 of the laws of 2011, as amended, and shall be deemed to 38 expire therewith. 39 PART A-2 40 Section 1. Section 305 of the education law is amended by adding a new 41 subdivision 57 to read as follows: 42 57. a. The commissioner shall consult and collaborate with the commis- 43 sioner of health and appropriate organizations that have expertise in 44 the prevention of child sexual exploitation and child abuse, as well as 45 other interested parties, to establish and develop a program within the 46 department related to the prevention of child sexual exploitation and 47 child abuse in grades kindergarten through eight. Such program shall be 48 defined by the commissioner in regulations after consultation with the 49 department of health and be designed to educate students, parents and 50 school personnel about the prevention of child sexual exploitation and 51 child abuse in grades kindergarten through eight. Such program shall 52 include, but not be limited to: 53 (i) age-appropriate model curriculum, exemplar lesson plans, and best 54 practice instructional resources for students, parents and schoolS. 7506--A 56 1 personnel designed to promote the prevention of child sexual exploita- 2 tion and child abuse. Such model curriculum, lesson plans and instruc- 3 tional resources shall include but not be limited to guidelines and 4 methods of prevention, including recommendations to address this issue; 5 (ii) instructional tools and materials for students, parents and 6 school personnel developed in collaboration with the commissioner of 7 health, which shall include updated data and information on the 8 prevention of child sexual exploitation and child abuse, with a review 9 of such data and information to occur periodically, at intervals deemed 10 appropriate by the commissioner and the commissioner of health; and 11 (iii) public availability of all materials related to such awareness, 12 prevention and education programs on a dedicated webpage on the depart- 13 ment's internet website, and provided at no cost to every school 14 district, board of cooperative educational services, charter school and 15 nonpublic school upon request. 16 b. The commissioner shall issue a guidance memorandum to every school 17 district, board of cooperative educational services, charter school and 18 nonpublic school, to inform them of the availability of the prevention 19 of child sexual exploitation and child abuse program. The commissioner 20 shall annually remind school districts, boards of cooperative educa- 21 tional services, charter schools and nonpublic schools, of the avail- 22 ability of prevention of child sexual exploitation and child abuse mate- 23 rials in grades kindergarten through eight. 24 § 2. Paragraph a of subdivision 6 of section 3602 of the education law 25 is amended by adding a new subparagraph 8 to read as follows: 26 (8) Notwithstanding any other provision of law to the contrary, for 27 the purpose of computation of building aid for up to four new 28 construction projects, authorized pursuant to a March seventh, two thou- 29 sand seventeen Mount Vernon city school district bond proposal approved 30 by the voters of such district, multi-year cost allowances for each 31 project shall be established and utilized two times in the first five- 32 year period. Subsequent multi-year cost allowances shall be established 33 no sooner than ten years after establishment of the first maximum cost 34 allowance authorized pursuant to this subparagraph. 35 § 3. The education law is amended by adding a new section 319 to read 36 as follows: 37 § 319. Youth violence prevention pilot program. 1. Subject to avail- 38 able appropriations, the commissioner shall establish a pilot program 39 for the prevention of youth violence. The commissioner shall select 40 school districts to participate in the pilot program that have demon- 41 strated a need based on factors, including, but not limited to, high 42 rates of absenteeism, high rates of suspensions, designation of persis- 43 tently dangerous school, and other factors as determined by the commis- 44 sioner. 45 2. The program shall provide grant aid for the employment of mental 46 health professionals within participating school districts including, 47 but not limited to, social workers, school psychologists, and counse- 48 lors. 49 3. To be considered for the pilot program, a school district shall 50 submit a proposal to the commissioner detailing: 51 (a) the reasons why the district seeks to participate in this pilot; 52 (b) the school district's barriers to hiring mental health profes- 53 sionals; and 54 (c) the role that mental health professionals would provide if 55 selected for the pilot.S. 7506--A 57 1 4. The commissioner shall establish rules and regulations necessary to 2 implement the provisions of this section. 3 § 4. Subdivisions 1 and 4 of section 57.52 of the arts and cultural 4 affairs law, as added by chapter 404 of the laws of 2005, are amended to 5 read as follows: 6 1. The Amistad commission (commission), so named in honor of the group 7 of enslaved Africans led by Joseph Cinque who, while being transported 8 in eighteen hundred thirty-nine on a vessel named the Amistad, gained 9 their freedom after overthrowing the crew and eventually having their 10 case successfully argued before the United States Supreme Court, is 11 hereby created and established. The commission shall consist of nineteen 12 members, including the [secretary of state] commissioner of education or 13 his or her designee, the [commissioner of education] secretary of state 14 or his or her designee, and the chancellor of the state university of 15 New York or his or her designee, serving ex officio, and sixteen public 16 members. Public members shall be appointed as follows: four public 17 members, no more than two of whom shall be of the same political party, 18 shall be appointed by the temporary president of the senate; four public 19 members, no more than two of whom shall be of the same political party, 20 shall be appointed by the speaker of the assembly; and eight public 21 members, no more than four of whom shall be of the same political party, 22 shall be appointed by the governor. The public members shall be resi- 23 dents of the state, chosen with due regard to broad geographic represen- 24 tation and ethnic diversity, who have an interest in the history of the 25 African slave trade and slavery in America and the contributions of 26 African-Americans to our society. 27 4. The [secretary of state] commissioner of education, or his or her 28 designee, shall serve as the chair and the [commissioner of education] 29 secretary of state, or his or her designee, shall serve as the vice- 30 chair of the commission. The presence of a majority of the authorized 31 membership of the commission shall be required for the conduct of offi- 32 cial business. 33 § 5. Title 1 of the education law is amended by adding a new article 34 25 to read as follows: 35 ARTICLE 25 36 PEACE/CONFLICT RESOLUTION 37 CENTERS PILOT PROGRAM 38 Section 1220. Peace/conflict resolution centers pilot program. 39 § 1220. Peace/conflict resolution centers pilot program. 1. The 40 commissioner shall establish a pilot program to provide peace/conflict 41 resolution centers within school districts. The commissioner shall 42 select up to five school districts to participate in the pilot program, 43 provided at least one center established pursuant to this section shall 44 be located in a city with a population of one million or more. The 45 pilot program shall begin with the two thousand eighteen--two thousand 46 nineteen school year. 47 2. To be considered for the pilot program, a school district shall 48 submit a proposal to the commissioner with the goal of facilitating 49 peaceful resolutions to student conflicts, and include methods to 50 achieve the following goals: (a) provide for the supervised peer medi- 51 ation of conflicts; (b) develop pupil leadership skills; and (c) promote 52 peaceful atmospheres in schools and the surrounding communities. Noth- 53 ing in this article shall prevent a proposal for a collaboration to 54 provide such services in collaboration with boards of cooperative educa- 55 tional services. Each peace/conflict resolution shall be authorized to 56 operate for at least two full school years.S. 7506--A 58 1 3. The commissioner shall submit an annual report on or before July 2 thirty-first, two thousand nineteen and on or before the same date every 3 year thereafter to the governor and the legislature. Such report shall 4 include, but not be limited to, the number of cases and resolutions, 5 details on the subject matter of the cases, the commissioner's evalu- 6 ation of the results of the pilot program and legislative recommenda- 7 tions on whether to continue, expand or make changes to the pilot 8 program. 9 4. The commissioner shall promulgate any rules and regulations neces- 10 sary to implement the provisions of this article. 11 § 6. This act shall take effect immediately; provided, however, 12 section one of this act shall take effect on the first of July next 13 succeeding the date on which it shall have become a law; provided 14 further, however, section three of this act shall take effect April 1, 15 2019; and provided further, section five of this act shall expire and be 16 deemed repealed July 31, 2020. Effective immediately, the addition, 17 amendment and/or repeal of any rule or regulation necessary for the 18 implementation of this act on its effective date are authorized to be 19 made or completed on or before such effective date. 20 PART A-3 21 Section 1. This Part enacts into law components of legislation relat- 22 ing to school safety. Each component is wholly contained within a 23 Subpart identified as Subparts A through H. The effective date for each 24 particular provision contained within such Subpart as set forth in the 25 last section of such Subpart. Any provision in any section contained 26 within a Subpart, including the effective date of the Subpart, which 27 makes a reference to a section "of this act", when used in connection 28 with that particular component, shall be deemed to mean and refer to the 29 corresponding section of the Subpart in which it is found. Section three 30 of this Part sets forth the general effective date of this Part. 31 SUBPART A 32 Section 1. Subdivision 1 of section 807 of the education law, as 33 amended by section 2 of part B of chapter 54 of the laws of 2016, is 34 amended to read as follows: 35 1. It shall be the duty of the principal or other person in charge of 36 every public or private school or educational institution within the 37 state, other than colleges or universities, to instruct and train the 38 pupils by means of drills, so that they may in a sudden emergency be 39 able to respond appropriately in the shortest possible time and without 40 confusion or panic. Such drills shall be held at least twelve times in 41 each school year, eight of which required drills shall be held between 42 September first and December thirty-first of each such year. Eight of 43 all such drills shall be evacuation drills, four of which shall be 44 through use of the fire escapes on buildings where fire escapes are 45 provided or through the use of identified secondary means of egress. 46 Four of all such required drills shall be emergency attack drills, with 47 two of such drills being lock-down drills and two of such drills being 48 active shooter drills. Upon request of the principal or other person in 49 charge of such public or private educational institution, the New York 50 state school safety improvement teams, established pursuant to section 51 twenty-eight hundred one-b of this chapter, shall provide recommenda- 52 tions on how to perform such lock-down and active shooter drills at suchS. 7506--A 59 1 public or private educational institution. Drills shall be conducted at 2 different times of the school day. Pupils shall be instructed in the 3 procedure to be followed in the event that a fire occurs during the 4 lunch period or assembly, provided however, that such additional 5 instruction may be waived where a drill is held during the regular 6 school lunch period or assembly. Four additional drills shall be held in 7 each school year during the hours after sunset and before sunrise in 8 school buildings in which students are provided with sleeping accommo- 9 dations. At least two additional drills shall be held during summer 10 school in buildings where summer school is conducted, and one of such 11 drills shall be held during the first week of summer school. 12 § 2. This act shall take effect immediately. 13 SUBPART B 14 Section 1. The executive law is amended by adding a new section 214-f 15 to read as follows: 16 § 214-f. School safety. The superintendent, in consultation with the 17 commissioner of education, shall establish a school safety program, that 18 school districts may opt into at local option, in which teachers and 19 other school personnel who have significant daily student contact are 20 equipped with personal safety alarms. The superintendent shall set mini- 21 mum requirements for the development and functionality of such personal 22 safety alarms including, but not limited to, the alert system estab- 23 lished between each district and their local police department, fire 24 station and medical assistance provider. For purposes of this section, a 25 "personal safety alarm" shall mean a wearable device that once acti- 26 vated, by the pressing of an emergency button, shall alert first respon- 27 ders, including but not limited to police, firefighters and medical 28 assistance, of an emergency. 29 § 2. Section 305 of the education law is amended by adding a new 30 subdivision 57 to read as follows: 31 57. a. The commissioner, in consultation with the superintendent of 32 state police, shall promulgate rules and regulations to allow the board 33 of education or trustees of any school district in the state to provide 34 for the use by, and distribution of personal safety alarms to teachers 35 and other school personnel who have significant daily student contact. 36 b. For purposes of this section, a "personal safety alarm" shall mean 37 a wearable device that once activated, by the pressing of an emergency 38 button, shall alert first responders, including but not limited to 39 police, firefighters and medical assistance, of an emergency. 40 c. The commissioner shall submit an annual report containing the 41 amount of distributed personal safety alarms by school district to the 42 speaker of the assembly and the temporary president of the senate. 43 § 3. Section 3602 of the education law is amended by adding a new 44 subdivision 19 to read as follows: 45 19. In addition to the apportionments payable to a school district 46 pursuant to this section, the commissioner is hereby authorized to 47 apportion to any school district additional aid pursuant to this subdi- 48 vision for its approved expenditures in the base year for the purchase 49 of personal safety alarms. The commissioner shall annually prescribe a 50 special cost allowance for such personal safety alarms and the approved 51 expenditures shall not exceed such cost allowance. 52 § 4. This act shall take effect on the ninetieth day after it shall 53 have become a law. Effective immediately, the addition, amendment and/or 54 repeal of any rule or regulation necessary for the implementation ofS. 7506--A 60 1 this act on its effective date are authorized to be made and completed 2 on or before such effective date. 3 SUBPART C 4 Section 1. The education law is amended by adding a new section 2801-c 5 to read as follows: 6 § 2801-c. New York state school resource officer program. 1. For 7 purposes of this section, the term "school resource officer" shall mean 8 a school resource officer, school safety officer, school security offi- 9 cer, or any other substantially similar position or office, that is 10 designed to provide improved public safety and/or security on school 11 grounds. Such school resource officer may be a retired police officer, a 12 retired state trooper, a retired deputy sheriff, a state trooper, a 13 police officer in the active duty service of a town, city or village, or 14 a deputy sheriff from a county sheriff's department. 15 2. Any public, nonpublic or charter school, or a board of cooperative 16 educational services, may employ, in either the classified or unclassi- 17 fied service, any school resource officer for the purpose of providing 18 improved public safety and/or security on school grounds. Any such 19 public, nonpublic or charter school, or a board of cooperative educa- 20 tional services, may also contract with the state of New York, or a 21 county, city, town or village, for the provision of a state trooper, 22 police officer or deputy sheriff, to serve as a school resource officer, 23 for the purpose of providing improved public safety and/or security on 24 school grounds. A school district, nonpublic school, charter school, or 25 a board of cooperative educational services, shall be authorized to 26 employ or contract for as many school resource officers as such district 27 deems necessary. 28 3. It shall be the primary role of the school resource officer to 29 provide improved public safety and/or security on school grounds. In 30 addition, to this primary role, school resource officers also may serve 31 additional roles, including but not limited to: 32 (a) Proposing and enforcing policies and administrative procedures 33 related to school safety; 34 (b) Utilizing technology in the implementation of a comprehensive 35 safety program; 36 (c) Serving as a liaison with other school officials and other commu- 37 nity agencies, including but not limited to, other law enforcement enti- 38 ties, courts, health care entities, and mental health entities; 39 (d) Proposing and implementing strategies concerning prevention, 40 response and recovery efforts for incidents and/or emergency situations 41 occurring on school grounds and/or involving students, faculty, adminis- 42 tration or visitors to the school; 43 (e) Proposing and assisting in the execution of school emergency 44 drills and proposing and assisting in the creation of school safety 45 plans; 46 (f) Providing educational and mentoring services to students; 47 (g) Assisting in the design, explanation and enforcement of school 48 safety and security policies and procedures; and 49 (h) Performing such other and further roles, responsibilities and 50 activities as the school district may deem appropriate and proper for a 51 law enforcement officer to perform, in order to advance the security, 52 safety and well-being of students, faculty, administration and visitors 53 to the school district's schools, transportation vehicles and school 54 grounds.S. 7506--A 61 1 4. Such school resource officer may carry and possess firearms during 2 the course of their duties at such school district, nonpublic school, 3 charter school, or a board of cooperative educational services, but 4 nothing in this subdivision shall be deemed to authorize such school 5 resource officer to carry, possess, repair or dispose of a firearm 6 unless the appropriate license therefor has been issued pursuant to 7 section 400.00 of the penal law. 8 § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of 9 the education law, as amended by chapter 474 of the laws of 1996, is 10 amended and a new subparagraph 1-a is added to read as follows: 11 (1) Aidable shared services. At the request of component school 12 districts, and with the approval of the commissioner, provide any of the 13 following services on a cooperative basis: school nurse teacher, attend- 14 ance supervisor, supervisor of teachers, dental hygienist, psychologist, 15 school resource officer, as such term is defined in section twenty-eight 16 hundred one-c of this chapter, teachers of art, music, physical educa- 17 tion, career education subjects, guidance counsellors, operation of 18 special classes for students with disabilities, as such term is defined 19 in article eighty-nine of this chapter; pupil and financial accounting 20 service by means of mechanical equipment; maintenance and operation of 21 cafeteria or restaurant service for the use of pupils and teachers while 22 at school, and such other services as the commissioner may approve. Such 23 cafeteria or restaurant service may be used by the community for school 24 related functions and activities and to furnish meals to the elderly 25 residents of the district, sixty years of age or older. Utilization by 26 elderly residents or school related groups shall be subject to the 27 approval of the board of education. Charges shall be sufficient to bear 28 the direct cost of preparation and serving of such meals, exclusive of 29 any other available reimbursements. 30 (1-a) Notwithstanding any other provision of law, rule, or regulation 31 to the contrary, school resource officers may be requested by charter 32 schools and school districts for up to six days per week throughout the 33 entire school year. 34 § 3. Paragraph h of subdivision 4 of section 1950 of the education law 35 is amended by adding two new subparagraphs 12 and 13 to read as follows: 36 (12) To enter into contracts with charter schools to provide school 37 resource officers, as such term is defined in section twenty-eight 38 hundred one-c of this chapter, provided that the costs of such school 39 resource officers shall be aidable pursuant to subdivision five of this 40 section to the same extent and on the same basis as costs allocated to a 41 component school district, and further provided that the aid ratio shall 42 be the aid ratio for the public school district where the charter school 43 is located, and further provided that charter schools shall not be 44 liable for payment of administrative expenses as defined in paragraph b 45 of this subdivision. 46 (13) To enter into contracts with non-component school districts 47 including city school districts of cities with one hundred twenty-five 48 thousand inhabitants or more, to provide school resource officers, as 49 such term is defined in section twenty-eight hundred one-c of this chap- 50 ter, provided that the costs of such school resource officers shall be 51 aidable pursuant to subdivision five of this section to the same extent 52 and on the same basis as costs allocated to a component school district, 53 and further provided that non-component school districts shall not be 54 liable for payment of administrative expenses as defined in paragraph b 55 of this subdivision.S. 7506--A 62 1 § 4. The education law is amended by adding a new section 3038 to read 2 as follows: 3 § 3038. Grants for school resource officers. 1. For purposes of this 4 section, school resource officers shall have the same meaning as defined 5 in section twenty-eight hundred one-c of this chapter. 6 2. Nonpublic schools shall, upon application, be reimbursed by the 7 department for the salaries of school resource officers. Each school 8 which seeks a reimbursement pursuant to this section shall submit to the 9 office of religious and independent schools an application therefor, 10 together with such additional documents as the commissioner may reason- 11 ably require, at such times, in such form and containing such informa- 12 tion as the commissioner may prescribe by regulation. Applications for 13 reimbursement pursuant to this section must be received by August first 14 of each year for schools to be reimbursed for the salaries of eligible 15 school resource officers in the prior year. 16 3. The commissioner may promulgate any rules or regulations necessary 17 to carry out the provisions of this section. 18 § 5. This act shall take effect immediately. 19 SUBPART D 20 Section 1. Section 2801-b of the education law, as amended by section 21 3-a of part A of chapter 57 of the laws of 2013, is amended to read as 22 follows: 23 § 2801-b. New York state school safety improvement teams. 1. The 24 governor shall establish New York state school safety improvement teams, 25 which may be composed of representatives from the division of homeland 26 security and emergency services, the division of state police, the divi- 27 sion of criminal justice services, the office of general services and 28 the department. Such New York State School Safety Improvement Teams 29 shall review and assess school safety plans submitted, on a voluntary 30 basis, by school districts [having a population of less than one hundred31twenty-five thousand inhabitants], boards of cooperative educational 32 services, nonpublic schools, charter schools and county vocational 33 education and extension boards, and may make recommendations to improve 34 such school safety plans. 35 2. Any request for a security review and assessment under this section 36 shall be submitted to the commissioner of the division of homeland secu- 37 rity and emergency services, and shall be responded to by a school safe- 38 ty improvement team within one hundred twenty days of the submission of 39 such request. At the request of the school district, board of cooper- 40 ative educational services, nonpublic school, charter school or county 41 vocational and educational board, the school safety improvement team 42 shall, in addition to a review of such entity's school safety plan, 43 perform an on-site examination of such entity's facilities, and upon 44 such examination shall include in its recommendations how the entity may 45 improve the physical security of such facility examined. 46 3. Any school district, board of cooperative educational services, 47 nonpublic school, charter school or county vocational and educational 48 board, that requests and receives any recommendation from a school safe- 49 ty improvement team, shall not be held liable in any action for the 50 failure to address any recommendation made by a school safety improve- 51 ment team, within three years of the entity's receipt of such recommen- 52 dation from the school safety improvement team. 53 § 2. Subdivision 6-c of section 3602 of the education law, as amended 54 by chapter 1 of the laws of 2013, paragraph b as amended by section 23S. 7506--A 63 1 of part YYY of chapter 59 of the laws of 2017, is amended to read as 2 follows: 3 6-c. a. Building aid for metal detectors, security upgrades made 4 pursuant to recommendation from a school safety improvement team in 5 accordance with section twenty-eight hundred one-b of this chapter, and 6 safety devices for electrically operated partitions, room dividers and 7 doors. In addition to the apportionments payable to a school district 8 pursuant to subdivision six of this section, the commissioner is hereby 9 authorized to apportion to any school district additional building aid 10 pursuant to this subdivision for its approved expenditures in the base 11 year for the purchase of stationary metal detectors, security cameras, 12 security upgrades made pursuant to recommendation from a school safety 13 improvement team in accordance with section twenty-eight hundred one-b 14 of this chapter, and safety devices for electrically operated partitions 15 and room dividers required pursuant to section four hundred nine-f of 16 this chapter, or other security devices approved by the commissioner 17 that increase the safety of students and school personnel, provided, 18 however, that funds apportioned to school districts pursuant to this 19 section shall not supplant funds for existing district expenditures or 20 for existing contractual obligations of the district for stationary 21 metal detectors, security cameras, security upgrades made pursuant to 22 recommendation from a school safety improvement team in accordance with 23 section twenty-eight hundred one-b of this chapter, and partition and 24 room divider safety devices, or security devices. Portable or hand held 25 metal detectors shall not be eligible for aid pursuant to this subdivi- 26 sion. Such additional aid shall equal the product of the building aid 27 ratio computed for use in the current year pursuant to paragraph c of 28 subdivision six of this section and the actual approved expenditures 29 incurred in the base year pursuant to this subdivision, provided that 30 the limitations on cost allowances prescribed by paragraph a of subdivi- 31 sion six of this section shall not apply. The commissioner shall annual- 32 ly prescribe a special cost allowance for metal detectors, security 33 upgrades made pursuant to recommendation from a school safety improve- 34 ment team in accordance with section twenty-eight hundred one-b of this 35 chapter, and security cameras, and the approved expenditures shall not 36 exceed such cost allowance. The commissioner shall annually prescribe a 37 special cost allowance for partition and room divider safety devices, 38 and the approved expenditures shall not exceed such cost allowance. 39 b. For projects approved by the commissioner authorized to receive 40 additional building aid pursuant to this subdivision for the purchase of 41 stationary metal detectors, security upgrades made pursuant to recommen- 42 dation from a school safety improvement team in accordance with section 43 twenty-eight hundred one-b of this chapter, security cameras or other 44 security devices approved by the commissioner that increase the safety 45 of students and school personnel, provided that for purposes of this 46 paragraph such other security devices shall be limited to electronic 47 security systems and hardened doors, and provided that for projects 48 approved by the commissioner on or after the first day of July two thou- 49 sand thirteen and [before the first day of July two thousand eighteen] 50 thereafter such additional aid shall equal the product of (i) the build- 51 ing aid ratio computed for use in the current year pursuant to paragraph 52 c of subdivision six of this section plus ten percentage points, except 53 that in no case shall this amount exceed one hundred percent, and (ii) 54 the actual approved expenditures incurred in the base year pursuant to 55 this subdivision, provided that the limitations on cost allowances 56 prescribed by paragraph a of subdivision six of this section shall notS. 7506--A 64 1 apply, and provided further that any projects aided under this paragraph 2 must be included in a district's school safety plan. The commissioner 3 shall annually prescribe a special cost allowance for metal detectors, 4 and security cameras, and the approved expenditures shall not exceed 5 such cost allowance. 6 § 3. Section 3602-c of the education law is amended by adding a new 7 subdivision 11 to read as follows: 8 11. Aid shall be made available to all nonpublic schools, charter 9 schools and boards of cooperative educational services under this 10 section, for security upgrades made pursuant to a recommendation from a 11 school safety improvement team in accordance with section twenty-eight 12 hundred one-b of this chapter, in the same manner as for public schools 13 in subdivision six-c of section thirty-six hundred two of this part. 14 § 4. This act shall take effect immediately. 15 SUBPART E 16 Section 1. Paragraph c of subdivision 2 of section 753 of the educa- 17 tion law, as added by section 7-a of part B of chapter 57 of the laws of 18 2007, is amended to read as follows: 19 c. "Technology equipment", for the purposes of this article, shall 20 mean (1) equipment with a useful life used in conjunction with or in 21 support of educational programs including but not limited to video, 22 solar energy, robotic, satellite, laser and such other equipment as the 23 commissioner shall approve or, (2) security and safety hardware technol- 24 ogy provided that expenses for the purchase or lease of such equipment 25 shall not be eligible for aid under any other provisions of this chap- 26 ter. 27 § 2. Subdivisions 1 and 2 of section 751 of the education law, subdi- 28 vision 1 as added by chapter 53 of the laws of 1984 and subdivision 2 as 29 amended by section 3 of part A-1 of chapter 58 of the laws of 2011, are 30 amended to read as follows: 31 1. In the several cities and school districts of the state, boards of 32 education, trustees or such body or officers as perform the functions of 33 such boards, shall designate software programs to be used in conjunction 34 with computers of the school district or in conjunction with security 35 and safety technology platforms. 36 2. A software program, for the purposes of this article shall mean (a) 37 a computer program which a pupil is required to use as a learning aid in 38 a particular class in the school the pupil legally attends, or (b) for 39 expenses incurred after July first, two thousand nine, any content-based 40 instructional materials in an electronic format that are aligned with 41 state standards which are accessed or delivered through the internet 42 based on a subscription model. Such electronic format materials may 43 include a variety of media assets and learning tools, including video, 44 audio, images, teacher guides, and student access capabilities as such 45 terms are defined in the regulations of the commissioner. For expenses 46 incurred on or after July first, two thousand eleven, a software program 47 shall also mean security and safety software technology including items 48 of expenditure that are eligible for an apportionment pursuant to 49 sections seven hundred one, seven hundred eleven and/or seven hundred 50 fifty-three of this title, where such items are designated by the school 51 district as eligible for aid pursuant to this section, provided, howev- 52 er, that if aided pursuant to this section, such expenses shall not be 53 aidable pursuant to any other section of law.S. 7506--A 65 1 § 3. Subdivision 6-c of section 3602 of the education law, as amended 2 by chapter 1 of the laws of 2013, paragraph b as amended by section 23 3 of part YYY of chapter 59 of the laws of 2017, is amended to read as 4 follows: 5 6-c. a. Building aid for metal detectors, security hardware and soft- 6 ware safety technology, and safety devices for electrically operated 7 partitions, room dividers and doors. In addition to the apportionments 8 payable to a school district pursuant to subdivision six of this 9 section, the commissioner is hereby authorized to apportion to any 10 school district additional building aid pursuant to this subdivision for 11 its approved expenditures in the base year for the purchase of station- 12 ary metal detectors, security cameras, security hardware and software 13 safety technology, and safety devices for electrically operated parti- 14 tions and room dividers required pursuant to section four hundred nine-f 15 of this chapter, or other security devices approved by the commissioner 16 that increase the safety of students and school personnel, provided, 17 however, that funds apportioned to school districts pursuant to this 18 section shall not supplant funds for existing district expenditures or 19 for existing contractual obligations of the district for stationary 20 metal detectors, security cameras, security hardware and software safety 21 technology, and partition and room divider safety devices, or security 22 devices. Portable or hand held metal detectors shall not be eligible 23 for aid pursuant to this subdivision. Such additional aid shall equal 24 the product of the building aid ratio computed for use in the current 25 year pursuant to paragraph c of subdivision six of this section and the 26 actual approved expenditures incurred in the base year pursuant to this 27 subdivision, provided that the limitations on cost allowances prescribed 28 by paragraph a of subdivision six of this section shall not apply. The 29 commissioner shall annually prescribe a special cost allowance for metal 30 detectors, and security cameras, and the approved expenditures shall not 31 exceed such cost allowance. The commissioner shall annually prescribe a 32 special cost allowance for partition and room divider safety devices, 33 and the approved expenditures shall not exceed such cost allowance. 34 b. For projects approved by the commissioner authorized to receive 35 additional building aid pursuant to this subdivision for the purchase of 36 stationary metal detectors, security cameras or other security devices 37 approved by the commissioner that increase the safety of students and 38 school personnel, provided that for purposes of this paragraph such 39 other security devices shall be limited to electronic security systems 40 and hardened doors, and provided that for projects approved by the 41 commissioner on or after the first day of July two thousand thirteen 42 [and before the first day of July two thousand eighteen] and thereafter 43 such additional aid shall equal the product of (i) the building aid 44 ratio computed for use in the current year pursuant to paragraph c of 45 subdivision six of this section plus ten percentage points, except that 46 in no case shall this amount exceed one hundred percent, and (ii) the 47 actual approved expenditures incurred in the base year pursuant to this 48 subdivision, provided that the limitations on cost allowances prescribed 49 by paragraph a of subdivision six of this section shall not apply, and 50 provided further that any projects aided under this paragraph must be 51 included in a district's school safety plan. The commissioner shall 52 annually prescribe a special cost allowance for metal detectors, and 53 security cameras, and the approved expenditures shall not exceed such 54 cost allowance. 55 § 4. This act shall take effect immediately.S. 7506--A 66 1 SUBPART F 2 Section 1. Section 305 of the education law is amended by adding a new 3 subdivision 57 to read as follows: 4 57. a. The commissioner shall submit to the governor, the temporary 5 president of the senate and the speaker of the assembly, a report 6 regarding school counselors, school social workers and school psychol- 7 ogists for the current school year. Such report shall include, but not 8 be limited to: (i) the number of full and part-time school counselors, 9 school social workers and school psychologists in each school, (ii) the 10 ratio of students to the number of school counselors, the ratio of 11 students to the number of school social workers, and the ratio of 12 students to the number of school psychologists in each school, and (iii) 13 whether the school counselor, school social worker or school psychol- 14 ogist is providing counseling assistance to more than one school. 15 b. After such report is issued, the commissioner shall prepare a 16 proposal on how to increase the number of school counselors, school 17 social workers and school psychologists to meet the nationally accepted 18 ratio of students to the number of school counselors, ratio of students 19 to the number of school social workers, and ratio of students to the 20 number of school psychologists within New York state such as those 21 recommended by the school social work association of America, the Ameri- 22 can school counselors association and the national association of school 23 psychiatrists. When preparing such proposal, the commissioner shall take 24 into consideration the specific needs of individual school districts and 25 the region in which such school district is located. 26 c. For purposes of this subdivision, the following terms shall have 27 the following meanings: 28 (i) "school counselor" shall mean any personnel, licensed and certi- 29 fied by New York state as school counselor, hired to provide individual 30 or group counseling assistance to students in the elementary, middle, or 31 high school grades; 32 (ii) "school social worker" shall mean any personnel, licensed and 33 certified by New York state as a school social worker, hired to provide 34 individual or group counseling assistance to students in the elementary, 35 middle, or high school grades; and 36 (iii) "school psychologist" shall mean any personnel, licensed and 37 certified by New York state as a school psychologist, hired to provide 38 individual or group counseling assistance to students in the elementary, 39 middle, or high school grades. 40 (iv) "school" shall mean any public school, nonpublic school, charter 41 school or board of cooperative educational services. 42 § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of 43 the education law, as amended by chapter 474 of the laws of 1996, is 44 amended and a new subparagraph 1-a is added to read as follows: 45 (1) Aidable shared services. At the request of component school 46 districts, and with the approval of the commissioner, provide any of the 47 following services on a cooperative basis: school nurse teacher, attend- 48 ance supervisor, supervisor of teachers, dental hygienist, psychologist, 49 school counselor, as such term is defined in subdivision fifty-seven of 50 section three hundred five of this chapter, school social worker, as 51 such term is defined in subdivision fifty-seven of section three hundred 52 five of this chapter, school psychologist, as such term is defined in 53 subdivision fifty-seven of section three hundred five of this chapter, 54 teachers of art, music, physical education, career education subjects, 55 guidance counsellors, operation of special classes for students withS. 7506--A 67 1 disabilities, as such term is defined in article eighty-nine of this 2 chapter; pupil and financial accounting service by means of mechanical 3 equipment; maintenance and operation of cafeteria or restaurant service 4 for the use of pupils and teachers while at school, and such other 5 services as the commissioner may approve. Such cafeteria or restaurant 6 service may be used by the community for school related functions and 7 activities and to furnish meals to the elderly residents of the 8 district, sixty years of age or older. Utilization by elderly residents 9 or school related groups shall be subject to the approval of the board 10 of education. Charges shall be sufficient to bear the direct cost of 11 preparation and serving of such meals, exclusive of any other available 12 reimbursements. 13 (1-a) Notwithstanding any other provision of law, rule, or regulation 14 to the contrary, school counselors, school social workers, and school 15 psychologists may be requested by charter schools and school districts 16 for up to five days per week throughout the entire school year. 17 § 3. Paragraph h of subdivision 4 of section 1950 of the education law 18 is amended by adding two new subparagrahs 12 and 13 to read as follows: 19 (12) To enter into contracts with charter schools to provide school 20 counselors, as such term is defined in subdivision fifty-seven of 21 section three hundred five of this chapter, school social workers, as 22 such term is defined in subdivision fifty-seven of section three hundred 23 five of this chapter, and school psychologists, as such term is defined 24 in subdivision fifty-seven of section three hundred five of this chap- 25 ter, provided that the costs of such school counselors, school social 26 workers, and school psychologists, shall be aidable pursuant to subdivi- 27 sion five of this section to the same extent and on the same basis as 28 costs allocated to a component school district, and further provided 29 that the aid ratio shall be the aid ratio for the public school district 30 where the charter school is located and further provided that charter 31 schools shall not be liable for payment of administrative expenses as 32 defined in paragraph b of this subdivision. 33 (13) To enter into contracts with non-component school districts 34 including city school districts of cities with one hundred twenty-five 35 thousand inhabitants or more, to provide school counselors, as such term 36 is defined in subdivision fifty-seven of section three hundred five of 37 this chapter, school social workers, as such term is defined in subdivi- 38 sion fifty-seven of section three hundred five of this chapter, and 39 school psychologists, as such term is defined in subdivision fifty-seven 40 of section three hundred five of this chapter, provided that the costs 41 of such school counselors, school social workers, and school psychol- 42 ogists, shall be aidable pursuant to subdivision five of this section to 43 the same extent and on the same basis as costs allocated to a component 44 school district, and further provided that non-component school 45 districts shall not be liable for payment of administrative expenses as 46 defined in paragraph b of this subdivision. 47 § 4. The education law is amended by adding a new section 3040 to read 48 as follows: 49 § 3040. Grants for school counselors, school social workers, and 50 school psychologists. 1. For purposes of this section, school counse- 51 lors, school social workers, and school psychologists shall have the 52 same meaning as defined in subdivision fifty-seven of section three 53 hundred five of this chapter. 54 2. Nonpublic schools shall, upon application, be reimbursed by the 55 department for the salaries of school counselors, school social workers, 56 and school psychologists. Each school which seeks a reimbursement pursu-S. 7506--A 68 1 ant to this section shall submit to the office of religious and inde- 2 pendent schools an application therefor, together with such additional 3 documents as the commissioner may reasonably require, at such times, in 4 such form and containing such information as the commissioner may 5 prescribe by regulation. Applications for reimbursement pursuant to this 6 section must be received by August first of each year for schools to be 7 reimbursed for the salaries of eligible school counselors, school social 8 workers, and school psychologists in the prior year. 9 3. The commissioner may promulgate any rules or regulations necessary 10 to carry out the provisions of this section. 11 § 5. This act shall take effect immediately. 12 SUBPART G 13 Section 1. The education law is amended by adding a new section 2801-d 14 to read as follows: 15 § 2801-d. New York state school mental health services program coordi- 16 nator. 1. For purposes of this section, the term "school mental health 17 services program coordinator" shall mean a mental health services 18 professional, with qualifications determined by regulation by the 19 commissioner, whose role and responsibility shall be to work with 20 students, faculty and other mental health and health care professionals 21 to identify, report and address mental health issues of students, facul- 22 ty and administration at any public or non-public school that could pose 23 a risk to public safety. 24 2. Any public or non-public school, charter school or board of cooper- 25 ative educational services may employ a mental health services profes- 26 sional, in either the classified or unclassified service, determined in 27 regulation by the commissioner to be qualified, as a mental health 28 services program coordinator. Any such public or non-public school, 29 charter school or board of cooperative educational services may also 30 contract with the state of New York, a county, city, town or village, or 31 with a private mental health services provider, for the provision of a 32 mental health services professional, determined in regulation by the 33 commissioner to be qualified, to serve as a mental health services 34 program coordinator. 35 3. The commissioner shall, by regulation, determine the qualifications 36 for a mental health services program coordinator. A school district, 37 nonpublic school, charter school or board of cooperative educational 38 services shall be authorized to employ or contract for as many mental 39 health services program coordinators, as such district, school or board 40 of cooperative educational services deems necessary. The commissioner 41 shall by regulation, establish the mandatory reports, the persons or 42 entities with whom such reports shall be filed, and the treatment 43 services that may be offered or directed by a mental health services 44 program coordinator. 45 § 2. Subparagraph 1 of paragraph d of subdivision 4 of section 1950 of 46 the education law, as amended by chapter 474 of the laws of 1996, is 47 amended and a new subparagraph 1-a is added to read as follows: 48 (1) Aidable shared services. At the request of component school 49 districts, and with the approval of the commissioner, provide any of the 50 following services on a cooperative basis: school nurse teacher, attend- 51 ance supervisor, supervisor of teachers, dental hygienist, psychologist, 52 school mental health services program coordinator, as such term is 53 defined in section twenty-eight hundred one-d of this chapter, teachers 54 of art, music, physical education, career education subjects, guidanceS. 7506--A 69 1 counsellors, operation of special classes for students with disabili- 2 ties, as such term is defined in article eighty-nine of this chapter; 3 pupil and financial accounting service by means of mechanical equipment; 4 maintenance and operation of cafeteria or restaurant service for the use 5 of pupils and teachers while at school, and such other services as the 6 commissioner may approve. Such cafeteria or restaurant service may be 7 used by the community for school related functions and activities and to 8 furnish meals to the elderly residents of the district, sixty years of 9 age or older. Utilization by elderly residents or school related groups 10 shall be subject to the approval of the board of education. Charges 11 shall be sufficient to bear the direct cost of preparation and serving 12 of such meals, exclusive of any other available reimbursements. 13 (1-a) Notwithstanding any other provision of law, rule, or regulation 14 to the contrary, school mental health services program coordinators may 15 be requested by charter schools and school districts for up to five days 16 per week throughout the entire school year. 17 § 3. Paragraph h of subdivision 4 of section 1950 of the education law 18 is amended by adding two new subparagraphs 12 and 13 to read as follows: 19 (12) To enter into contracts with charter schools to provide school 20 mental health services program coordinators, as such term is defined in 21 section twenty-eight hundred one-d of this chapter, provided that the 22 costs of such school mental health services program coordinators shall 23 be aidable pursuant to subdivision five of this section to the same 24 extent and on the same basis as costs allocated to a component school 25 district, and further provided that the aid ratio shall be the aid ratio 26 for the public school district where the charter school is located and 27 further provided that charter schools shall not be liable for payment of 28 administrative expenses as defined in paragraph b of this subdivision. 29 (13) To enter into contracts with non-component school districts 30 including city school districts of cities with one hundred twenty-five 31 thousand inhabitants or more, to provide school mental health services 32 program coordinators, as such term is defined in section twenty-eight 33 hundred one-d of this chapter, provided that the costs of such school 34 mental health services program coordinators shall be aidable pursuant to 35 subdivision five of this section to the same extent and on the same 36 basis as costs allocated to a component school district, and further 37 provided that non-component school districts shall not be liable for 38 payment of administrative expenses as defined in paragraph b of this 39 subdivision. 40 § 4. The education law is amended by adding a new section 3039 to read 41 as follows: 42 § 3039. Grants for school mental health services program coordinators. 43 1. For purposes of this section, school mental health services program 44 coordinator shall have the same meaning as defined under section twen- 45 ty-eight hundred one-d of this chapter. 46 2. Nonpublic schools shall, upon application, be reimbursed by the 47 department for the salaries of school mental health services program 48 coordinators. Each school which seeks a reimbursement pursuant to this 49 section shall submit to the office of religious and independent schools 50 an application therefor, together with such additional documents as the 51 commissioner may reasonably require, at such times, in such form and 52 containing such information as the commissioner may prescribe by regu- 53 lation. Applications for reimbursement pursuant to this section must be 54 received by August first of each year for schools to be reimbursed for 55 the salaries of eligible school mental health services program coordina- 56 tors in the prior year.S. 7506--A 70 1 3. The commissioner may promulgate any rules or regulations necessary 2 to carry out the provisions of this section. 3 § 5. This act shall take effect immediately. 4 SUBPART H 5 Section 1. The education law is amended by adding a new section 411 to 6 read as follows: 7 § 411. Comprehensive school security grant program. 1. Within amounts 8 appropriated for the installation and operation of comprehensive securi- 9 ty systems in every school of the state, the commissioner is hereby 10 authorized and directed to award grants to every public, parochial and 11 private school in the state. Such grants shall be for the total capital 12 costs of quick capacity smart sensor threat detection, and 360 degree 13 security awareness including services, expenses and indirect costs. 14 Grantees receiving funding pursuant to this subdivision may expend no 15 more than five percent of grants for administration and no more than 16 five percent for grantee training. 17 2. In the event the appropriation for the purposes of this section in 18 any year is insufficient to pay all claims pursuant to this subdivision, 19 the commissioner shall pay such claims on a prorated basis among all 20 schools filing such claims until the appropriation is exhausted. 21 § 2. This act shall take effect immediately. 22 § 2. Severability. If any clause, sentence, paragraph, subdivision, 23 section or part of this act shall be adjudged by any court of competent 24 jurisdiction to be invalid, such judgment shall not affect, impair, or 25 invalidate the remainder thereof, but shall be confined in its operation 26 to the clause, sentence, paragraph, subdivision, section or part thereof 27 directly involved in the controversy in which such judgment shall have 28 been rendered. It is hereby declared to be the intent of the legislature 29 that this act would have been enacted even if such invalid provisions 30 had not been included herein. 31 § 3. This act shall take effect immediately; provided, however, that 32 the applicable effective date of Subparts A through H of this Part shall 33 be as specifically set forth in the last section of such Subparts. 34 PART B 35 Section 1. The education law is amended by adding a new section 908 to 36 read as follows: 37 § 908. Prohibition against lunch shaming. All public school 38 districts, charter schools, and non-public schools in the state that 39 participate in the national school lunch program or school breakfast 40 program in which there is a school at which all pupils are not eligible 41 to be served breakfast and lunch under the community eligibility 42 provision or provision two of the federal national school lunch act, 42 43 U.S.C. Sec. 1751 et seq., shall develop a plan to ensure that a pupil 44 whose parent or guardian has unpaid school meal fees is not shamed or 45 treated differently than a pupil whose parent or guardian does not have 46 unpaid school meal fees. The plan shall be submitted to the commissioner 47 by July first, two thousand eighteen, or sixty days from the effective 48 date of this section after enactment in conformance with regulations of 49 the commissioner. After submission of such plan, the school or school 50 district shall adopt and post the plan on its website. The plan shall 51 include, but not be limited to, the following elements:S. 7506--A 71 1 a. A statement that the school or school district shall provide the 2 student with the student's meal of choice for that school day of the 3 available reimbursable meal choices for such school day, if the student 4 requests one, unless the student's parent or guardian has specifically 5 provided written permission to the school or school district to withhold 6 a meal, provided that such statement shall only require the school or 7 school district to provide access to reimbursable meals, not a la carte 8 items, adult meals, or other similar items; 9 b. An explanation of how staff will be trained to ensure that the 10 procedures are carried out correctly and how the affected parents and 11 guardians will be provided with assistance in establishing eligibility 12 for free or reduced-price meals for their children; 13 c. A statement requiring the school or school district to notify the 14 student's parent or guardian that the student's meal card or account 15 balance is exhausted and unpaid meal charges are due. The notification 16 statement may include a repayment schedule, but the school or school 17 district may not charge any interest or fees in connection with any 18 meals charged; 19 d. A communication procedure designed to support eligible families 20 enrolling in the national free and reduced price meal program. Such 21 communication procedures shall also include a process for determining 22 eligibility when a student owes money for five or more meals, wherein 23 the school or school district shall: 24 i. make every attempt to determine if a student is directly certified 25 to be eligible for free meals; 26 ii. make at least two attempts, not including the application or 27 instructions included in a school enrollment packet, to reach the 28 student's parent or guardian and have the parent or guardian fill out a 29 meal application; and 30 iii. require a school or school district to contact the parent or 31 guardian to offer assistance with a meal application, determine if there 32 are other issues within the household that have caused the child to have 33 insufficient funds to purchase a school meal and offer any other assist- 34 ance that is appropriate; 35 e. A clear explanation of procedures designed to decrease student 36 distress or embarrassment, provided that, no school shall: 37 i. publicly identify or stigmatize a student who cannot pay for a meal 38 or who owes a meal debt by any means including, but not limited to, 39 requiring that a student wear a wristband or hand stamp; 40 ii. require a student who cannot pay for a meal or who owes a meal 41 debt to do chores or other work to pay for meals, provided that chores 42 or work required of all students regardless of a meal debt is permitted; 43 iii. require that a student throw away a meal after it has been served 44 because of the student's inability to pay for the meal or because money 45 is owed for earlier meals; 46 iv. take any action directed at a pupil to collect unpaid school meal 47 fees. A school or school district may attempt to collect unpaid school 48 meal fees from a parent or guardian; or 49 v. discuss any outstanding meal debt in the presence of other 50 students; 51 f. A clear explanation of the procedure to handle unpaid meal charges, 52 provided that nothing in this section is intended to allow for the 53 unlimited accrual of debt; 54 g. Procedures to enroll in the free and reduced price lunch program, 55 provided that such procedures shall include that, at the beginning of 56 each school year, a school or school district shall provide:S. 7506--A 72 1 i. a free, printed meal application in every school enrollment packet, 2 or if the school or school district chooses to use an electronic meal 3 application, provide in school enrollment packets with an explanation of 4 the electronic meal application process and instructions for how parents 5 or guardians may request a paper application at no cost; and 6 ii. meal applications and instructions in a language that parents and 7 guardians understand. If a parent or guardian cannot read or understand 8 a meal application, the school or school district shall offer assistance 9 in completing the application; 10 h. If a school or school district becomes aware that a student who has 11 not submitted a meal application is eligible for free or reduced-fee 12 meals, the school or school district shall complete and file an applica- 13 tion for the student pursuant to title seven, section 245.6(d) of the 14 code of federal regulations; and 15 i. School or school district liaisons shall coordinate with the nutri- 16 tion department to make sure homeless, foster, and migrant students 17 receive free school meals, in accordance with federal law. 18 § 2. Section 4 of chapter 537 of the laws of 1976, relating to paid, 19 free and reduced price breakfast for eligible pupils in certain school 20 districts is renumbered section 6 and two new sections 4 and 5 are added 21 to read as follows: 22 § 4. a. All public elementary or secondary schools in this state, not 23 including a charter school authorized by article 56 of the education 24 law, with at least seventy percent or more of its students eligible for 25 free or reduced-price meals under the federal National School Lunch 26 Program as determined by the State Education Department based upon data 27 submitted by schools through the basic educational data system (BEDS) 28 for the prior school year, shall be required to offer all students a 29 school breakfast after the instructional day has begun. 30 b. Each public school may determine the breakfast service delivery 31 model that best suits its students. Service delivery models may include, 32 but are not limited to, breakfast in the classroom, grab and go break- 33 fast, and breakfast served in the cafeteria. Time spent by students 34 consuming breakfast may be considered instructional time when students 35 consume breakfast in the students' classrooms and instruction is being 36 provided while students are consuming breakfast. In determining a 37 service delivery model, schools shall consult with teachers, parents, 38 students and members of the community. 39 c. Schools subject to this requirement shall provide notice to 40 students' parents and guardians that the school will be offering break- 41 fast to all students after the instructional day has begun. 42 d. The State Education Department shall: 43 i. on or before May 1, 2018, and on or before May 1 of each year ther- 44 eafter preceding each school year, publish on its website a list of the 45 public schools that meet the requirements for operating such programs, 46 and provide notification to such schools; 47 ii. develop and distribute guidelines for the implementation of such 48 programs, which shall be in the compliance with all applicable federal 49 and state laws governing the School Breakfast Program; 50 iii. provide technical assistance relating to the implementation of 51 such program; and 52 iv. annually publish by December 2019, and each December thereafter, 53 on its website information relating to each school subject to this 54 requirement, as well as any other schools operating such program which 55 are not subject to this requirement, in the prior school year. Such 56 information shall include, but not be limited to: the school name,S. 7506--A 73 1 service delivery models implemented, student enrollment, the free and 2 reduced-price lunch percentage, the average daily breakfast partic- 3 ipation rate, the total number of breakfast meals served during the 4 school year, the total cost of the breakfast program during the school 5 year, the total federal reimbursement for breakfast meals during the 6 school year, and the total state reimbursement for breakfast meals 7 during the school year. 8 § 5. a. Notwithstanding any monetary limitations with respect to 9 school lunch programs contained in any law or regulation, for school 10 lunch meals served in the school year commencing July 1, 2019 and each 11 July 1 thereafter, a school food authority shall be eligible for a lunch 12 meal State subsidy of twenty-five cents, which shall include any annual 13 State subsidy received by such school food authority under any other 14 provision of State law, for any school lunch meal served by such school 15 food authority; provided that the school food authority certifies to the 16 State Education Department through the application submitted pursuant to 17 subdivision b of this section that such food authority has purchased at 18 least twenty-five percent of its total cost of lunch products for its 19 school food service program from New York state farmers, growers, 20 producers or processors in the preceding school year. 21 b. The State Education Department, in cooperation with the Department 22 of Agriculture and Markets, shall develop an application for school food 23 authorities to seek an additional State subsidy pursuant to this section 24 in a timeline and format prescribed by the commissioner of education. 25 Such application shall include, but not be limited to, documentation 26 demonstrating the school food authority's total lunch purchases for its 27 school food service programs and documentation demonstrating its total 28 lunch purchases and percentages for such programs from New York State 29 farmers, growers, producers or processors in the preceding school year. 30 The application shall also include an attestation from the school food 31 authority's chief operating officer that it purchased at least twenty- 32 five percent of its total cost of lunch products for its school food 33 service program from New York State farmers, growers, producers or 34 processors in the preceding school year in order to meet the require- 35 ments for this additional State subsidy. School food authorities shall 36 be required to annually apply for this subsidy. 37 c. The State Education Department shall annually publish information 38 on its website commencing on September 1, 2019 and each September 1 39 thereafter, relating to each school food authority that applied for and 40 received this additional State subsidy, including but not limited to: 41 the school food authority name, student enrollment, average daily lunch 42 participation, total lunch costs for its school food service programs, 43 total cost of lunch products for its school food service programs 44 purchased from New York State farmers, growers, producers or processors, 45 and the percent of total lunch costs that were purchased from New York 46 State farmers, growers, producers or processors. 47 § 2-a. Subparagraph 3 of paragraph b of subdivision 6-f of section 48 3602 of the education law, as added by section 19 of part H of chapter 49 83 of the laws of 2002, is amended to read as follows: 50 (3) is to implement the breakfast after the bell school breakfast 51 program, for eligible school districts beginning in the two thousand 52 eighteen--two thousand nineteen school year, pursuant to section four of 53 chapter five hundred thirty-seven of the laws of nineteen hundred seven- 54 ty-six for equipment purchases, provided, however, that such expenses 55 shall be limited to no more than five thousand dollars per school. 56 Eligible equipment purchases shall include, but not be limited to,S. 7506--A 74 1 equipment used for the storage, preservation, or distribution of food; 2 and/or 3 (4) if bonded pursuant to paragraph j of subdivision six of this 4 section, would cause a city school district in a city having a popu- 5 lation of less than one hundred twenty-five thousand inhabitants to 6 exceed ninety-five percent of its constitutional debt limit provided, 7 however, that any debt issued pursuant to paragraph c of section 104.00 8 of the local finance law shall not be included in such calculation. 9 § 3. This act shall take effect immediately; provided, however, that 10 subdivision a of section 4 of chapter 537 of the laws of 1976, as added 11 by section two of this act, shall take effect September 1, 2018. 12 PART C 13 Section 1. Section 1604 of the education law is amended by adding a 14 new subdivision 43 to read as follows: 15 43. To pass, in the discretion of the trustees, a resolution authoriz- 16 ing the use of school bus cameras pursuant to section eleven hundred 17 eighteen of the vehicle and traffic law, provided that the trustees may 18 also enter into contracts with a third party for the installation, 19 administration, operation, notice processing, and maintenance of such 20 cameras, and for the sharing of revenue derived from such cameras pursu- 21 ant to section eleven hundred eighteen of the vehicle and traffic law, 22 provided that the lease, installation, operation and maintenance, or any 23 other costs associated with such cameras other than purchases shall not 24 be considered an aidable expense pursuant to section thirty-six hundred 25 twenty-three-a of this chapter. The commissioner shall annually 26 prescribe a special cost allowance for such school bus cameras, and the 27 approved expenditures shall not exceed such cost allowance. 28 § 2. Section 1709 of the education law is amended by adding a new 29 subdivision 43 to read as follows: 30 43. To pass a resolution, in the discretion of the board, authorizing 31 the use of school bus cameras pursuant to section eleven hundred eigh- 32 teen of the vehicle and traffic law, provided that the board may also 33 enter into contracts with a third party for the installation, adminis- 34 tration, operation, notice processing, and maintenance of such cameras, 35 and for the sharing of revenue derived from such cameras pursuant to 36 section eleven hundred eighteen of the vehicle and traffic law, provided 37 that the lease, installation, operation and maintenance, or any other 38 costs associated with such cameras other than purchases shall not be 39 considered an aidable expense pursuant to section thirty-six hundred 40 twenty-three-a of this chapter. The commissioner shall annually 41 prescribe a special cost allowance for such school bus cameras, and the 42 approved expenditures shall not exceed such cost allowance. 43 § 2-a. Paragraph c of subdivision 2 of section 3623-a of the education 44 law, as amended by chapter 453 of the laws of 2005, is amended to read 45 as follows: 46 c. The purchase of equipment deemed a proper school district expense, 47 including: (i) the purchase of two-way radios to be used on old and new 48 school buses, (ii) the purchase of stop-arms, to be used on old and new 49 school buses, (iii) the purchase and installation of seat safety belts 50 on school buses in accordance with the provisions of section thirty-six 51 hundred thirty-five-a of this article, (iv) the purchase of school bus 52 back up beepers, (v) the purchase of school bus front crossing arms, 53 (vi) the purchase of school bus safety sensor devices, (vii) theS. 7506--A 75 1 purchase and installation of exterior reflective marking on school 2 buses, (viii) the purchase of automatic engine fire extinguishing 3 systems for school buses used to transport students who use wheelchairs 4 or other assistive mobility devices, [and] (ix) the purchase of school 5 bus cameras, and (x) the purchase of other equipment as prescribed in 6 the regulations of the commissioner; and 7 § 3. The vehicle and traffic law is amended by adding a new section 8 1118 to read as follows: 9 § 1118. Owner liability for operator illegally overtaking or passing a 10 school bus. (a) 1. Notwithstanding any other provision of law, each 11 board of education or trustees of a school district is hereby authorized 12 and empowered to adopt and amend a resolution establishing a school bus 13 safety camera program imposing monetary liability on the owner of a 14 vehicle for failure of an operator thereof to comply with section eleven 15 hundred seventy-four of this title. Such program shall empower a board 16 of education or school district or school bus transportation contractor 17 that has contracted with such school district to install school bus 18 safety cameras upon school buses operated by or contracted with such 19 district. 20 2. Such program shall utilize necessary technologies to ensure, to the 21 extent practicable, that photographs produced by such school bus safety 22 cameras shall not include images that identify the driver, the passen- 23 gers, or the contents of the vehicle. Provided, however, that no notice 24 of liability issued pursuant to this section shall be dismissed solely 25 because a photograph or photographs allow for the identification of the 26 contents of a vehicle, provided that such school district has made a 27 reasonable effort to comply with the provisions of this paragraph. 28 (b) In any school district which has adopted a resolution pursuant to 29 subdivision (a) of this section, the owner of a vehicle shall be liable 30 for a penalty imposed pursuant to this section if such vehicle was used 31 or operated with the permission of the owner, express or implied, in 32 violation of subdivision (a) of section eleven hundred seventy-four of 33 this title, and such violation is evidenced by information obtained from 34 a school bus safety camera; provided however that no owner of a vehicle 35 shall be liable for a penalty imposed pursuant to this section where the 36 operator of such vehicle has been convicted of the underlying violation 37 of subdivision (a) of section eleven hundred seventy-four of this title. 38 (c) For purposes of this section, "owner" shall have the meaning 39 provided in article two-B of this chapter. For purposes of this section, 40 "school bus safety camera" shall mean an automated photo monitoring 41 device affixed to the outside of a school bus and designated to detect 42 and store videotape and one or more images of motor vehicles that over- 43 take or pass school buses in violation of subdivision (a) of section 44 eleven hundred seventy-four of this title. 45 (d) No school district or school bus transportation contractor that 46 has installed cameras pursuant to this section shall access the images 47 from such cameras but shall provide, pursuant to an agreement with the 48 appropriate law enforcement agency or agencies, for the proper handling 49 and custody of such images for the forwarding of such images from such 50 cameras to a law enforcement agency having jurisdiction in the area in 51 which the violation occurred for the purpose of imposing monetary 52 liability on the owner of a motor vehicle for illegally overtaking or 53 passing a school bus in violation of subdivision (a) of section eleven 54 hundred seventy-four of this title. After receipt of such images a 55 police officer shall inspect such videotape and images to determine 56 whether a violation of subdivision (a) of section eleven hundred seven-S. 7506--A 76 1 ty-four of this title was committed. Upon such a finding a certificate, 2 sworn to or affirmed by an officer of such agency, or a facsimile there- 3 of, based upon inspection of photographs, microphotographs, videotape or 4 other recorded images produced by a school bus safety camera, shall be 5 prima facie evidence of the facts contained therein. Any photographs, 6 microphotographs, videotape or other recorded images evidencing such a 7 violation shall be available for inspection in any proceeding to adjudi- 8 cate the liability for such violation. 9 (e) An owner found liable pursuant to this section for a violation of 10 subdivision (a) of section eleven hundred seventy-four of this title 11 shall be liable for a monetary penalty of two hundred fifty dollars. 12 (e-1) Payment of the monetary penalty imposed by subdivision (e) of 13 this section shall be payable to the school district. Nothing herein 14 shall prevent the school district from entering into a memorandum of 15 understanding with a local law enforcement agency to return a portion of 16 such penalty received to the local law enforcement agency, provided 17 however, in no case shall such portion returned to a local law enforce- 18 ment agency exceed twenty percent of the amount received by the school 19 district. 20 (e-2) In the event an owner is charged pursuant to this section with a 21 violation of subdivision (a) of section eleven hundred seventy-four of 22 this title where a sworn certificate has been issued pursuant to subdi- 23 vision (d) of this section where such owner elects to plead guilty to a 24 lesser charge, the payment of the monetary penalty imposed by subdivi- 25 sion (e) of this section shall not be reduced and shall be payable to 26 the school district. 27 (f) An imposition of liability under this section shall not be deemed 28 a conviction as an operator and shall not be made part of the operating 29 record of the person upon whom such liability is imposed nor shall it be 30 used for insurance purposes in the provision of motor vehicle insurance 31 coverage. 32 (g) 1. A notice of liability shall be sent by the respective law 33 enforcement agency by first class mail to each person alleged to be 34 liable as an owner for a violation of subdivision (a) of section eleven 35 hundred seventy-four of this title pursuant to this section. Personal 36 delivery on the owner shall not be required. A manual or automatic 37 record of mailing prepared in the ordinary course of business shall be 38 prima facie evidence of the facts contained therein. 39 2. A notice of liability shall contain the name and address of the 40 person alleged to be liable as an owner for a violation of subdivision 41 (a) of section eleven hundred seventy-four of this title pursuant to 42 this section, the registration number of the vehicle involved in such 43 violation, the location where such violation took place, the date and 44 time of such violation and the identification number of the camera which 45 recorded the violation or other document locator number. 46 3. The notice of liability shall contain information advising the 47 person charged of the manner and the time in which he may contest the 48 liability alleged in the notice. Such notice of liability shall also 49 contain a warning to advise the persons charged that failure to contest 50 in the manner and time provided shall be deemed an admission of liabil- 51 ity and that a default judgment may be entered thereon. 52 4. The notice of liability shall be prepared and mailed by the respec- 53 tive law enforcement agency having jurisdiction over the location where 54 the violation occurred. 55 (h) Adjudication of the liability imposed upon owners by this section 56 shall be by a traffic violations bureau established pursuant to sectionS. 7506--A 77 1 three hundred seventy of the general municipal law or, if there be none, 2 by the court having jurisdiction over traffic infractions, except that 3 any city which has established or designated an administrative tribunal 4 to hear and determine owner liability established by this article for 5 failure to comply with traffic-control indications shall use such tribu- 6 nal to adjudicate the liability imposed by this section. 7 (i) If an owner receives a notice of liability pursuant to this 8 section for any time period during which the vehicle was reported to a 9 police department as having been stolen, it shall be a valid defense to 10 an allegation of liability for a violation of subdivision (a) of section 11 eleven hundred seventy-four of this title pursuant to this section that 12 the vehicle had been reported to the police as stolen prior to the time 13 the violation occurred and had not been recovered by such time. For 14 purposes of asserting the defense provided by this subdivision it shall 15 be sufficient that a certified copy of the police report on the stolen 16 vehicle be sent by first class mail to the traffic violations bureau, 17 court having jurisdiction or parking violations bureau. 18 (j) Where the adjudication of liability imposed upon owners pursuant 19 to this section is by an administrative tribunal, traffic violations 20 bureau, or a court having jurisdiction, an owner who is a lessor of a 21 vehicle to which a notice of liability was issued pursuant to subdivi- 22 sion (g) of this section shall not be liable for the violation of subdi- 23 vision (a) of section eleven hundred seventy-four of this title, 24 provided that he or she sends to the administrative tribunal, traffic 25 violations bureau, or court having jurisdiction a copy of the rental, 26 lease or other such contract document covering such vehicle on the date 27 of the violation, with the name and address of the lessee clearly legi- 28 ble, within thirty-seven days after receiving notice from the bureau or 29 court of the date and time of such violation, together with the other 30 information contained in the original notice of liability. Failure to 31 send such information within such thirty-seven day time period shall 32 render the owner liable for the penalty prescribed by this section. 33 Where the lessor complies with the provisions of this paragraph, the 34 lessee of such vehicle on the date of such violation shall be deemed to 35 be the owner of such vehicle for purposes of this section, shall be 36 subject to liability for the violation of subdivision (a) of section 37 eleven hundred seventy-four of this title pursuant to this section and 38 shall be sent a notice of liability pursuant to subdivision (g) of this 39 section. 40 (k) 1. If the owner liable for a violation of subdivision (a) of 41 section eleven hundred seventy-four of this title pursuant to this 42 section was not the operator of the vehicle at the time of the 43 violation, the owner may maintain an action for indemnification against 44 the operator. 45 2. Notwithstanding any other provision of this section, no owner of a 46 vehicle shall be subject to a monetary fine imposed pursuant to this 47 section if the operator of such vehicle was operating such vehicle with- 48 out the consent of the owner at the time such operator was found to have 49 been overtaking or passing a school bus. For purposes of this subdivi- 50 sion there shall be a presumption that the operator of such vehicle was 51 operating such vehicle with the consent of the owner at the time such 52 operator was found to have been overtaking or passing a school bus. 53 (l) Nothing in this section shall be construed to limit the liability 54 of an operator of a vehicle for any violation of subdivision (a) of 55 section eleven hundred seventy-four of this title.S. 7506--A 78 1 (m) In any school district which adopts a school bus safety camera 2 program pursuant to subdivision (a) of this section, such school 3 district shall submit an annual report on the results of the use of its 4 school bus safety cameras to the governor, the temporary president of 5 the senate and the speaker of the assembly on or before June first, two 6 thousand nineteen and on the same date in each succeeding year in which 7 the demonstration program is operable. Such report shall include, but 8 not be limited to: 9 1. a description of the number of busses and routes where school bus 10 safety cameras were used; 11 2. the aggregate number of annual incidents of violations of subdivi- 12 sion (a) of section eleven hundred seventy-four of this title within the 13 district; 14 3. the number of violations recorded by school bus safety cameras in 15 the aggregate and on a daily, weekly and monthly basis; 16 4. the total number of notices of liability issued for violations 17 recorded by such systems; 18 5. the number of fines and total amount of fines paid after first 19 notice of liability issued for violations recorded by such systems; 20 6. the number of violations adjudicated and results of such adjudi- 21 cations including breakdowns of dispositions made for violations 22 recorded by such systems; 23 7. the total amount of revenue realized by such school district from 24 such adjudications; 25 8. expenses incurred by such school district in connection with the 26 program; and 27 9. quality of the adjudication process and its results. 28 (n) It shall be a defense to any prosecution for a violation of subdi- 29 vision (a) of section eleven hundred seventy-four of this title that 30 such school bus safety cameras were malfunctioning at the time of the 31 alleged violation. 32 § 4. Subdivision (c) of section 1174 of the vehicle and traffic law, 33 as amended by chapter 254 of the laws of 2002, is amended to read as 34 follows: 35 (c) Every person convicted of a violation of subdivision (a) of this 36 section shall: for a first conviction thereof, be punished by a fine of 37 not less than [two hundred fifty] five hundred dollars nor more than 38 [four] seven hundred fifty dollars or by imprisonment for not more than 39 thirty days or by both such fine and imprisonment; for a conviction of a 40 second violation, both of which were committed within a period of three 41 years, such person shall be punished by a fine of not less than [six42hundred] one thousand dollars nor more than [seven] one thousand two 43 hundred fifty dollars or by imprisonment for not more than one hundred 44 eighty days or by both such fine and imprisonment; upon a conviction of 45 a third or subsequent violation, all of which were committed within a 46 period of three years, such person shall be punished by a fine of not 47 less than [seven hundred fifty] one thousand two hundred fifty dollars 48 nor more than one thousand five hundred dollars or by imprisonment for 49 not more than one hundred eighty days or by both such fine and imprison- 50 ment. 51 § 5. This act shall take effect immediately. 52 PART D 53 Section 1. Subdivision 4 of section 1950 of the education law is 54 amended by adding a new paragraph oo to read as follows:S. 7506--A 79 1 oo. Notwithstanding any other provision of law, a board of cooperative 2 educational services is authorized to enter into a memorandum of under- 3 standing with the trustees or board of education of a non-component 4 school district, including city school districts of cities with one 5 hundred twenty-five thousand inhabitants or more, to participate in a 6 recovery high school program operated by the board of cooperative educa- 7 tional services for a period not to exceed five years upon such terms as 8 such trustees or board of education and the board of cooperative educa- 9 tional services may mutually agree, provided that such agreement may 10 provide for a charge for administration of the recovery high school 11 program including capital costs, but participating non-component school 12 districts shall not be liable for payment of administrative expenses as 13 defined in paragraph b of this subdivision. Costs allocated to a partic- 14 ipating non-component school district pursuant to a memorandum of under- 15 standing shall be aidable pursuant to subdivision five of this section 16 to the same extent and on the same basis as costs allocated to a compo- 17 nent school district. 18 § 2. This act shall take effect immediately. 19 PART E 20 Intentionally Omitted 21 PART F 22 Section 1. Section 7408 of the education law is amended by adding a 23 new subdivision 6 to read as follows: 24 6. Notwithstanding any other provision of law, any firm established to 25 lawfully engage in the practice of public accountancy pursuant to arti- 26 cle fifteen of the business corporation law, articles one and eight-B of 27 the partnership law, or articles twelve and thirteen of the limited 28 liability company law shall be deemed eligible to register pursuant to 29 this section. 30 § 2. Section 1503 of the business corporation law is amended by adding 31 a new paragraph (h) to read as follows: 32 (h) Any firm established for the business purpose of incorporating as 33 a professional service corporation formed to lawfully engage in the 34 practice of public accountancy, as such practice is respectively defined 35 under article one hundred forty-nine of the education law shall be 36 required to show (1) that a simple majority of the ownership of the 37 firm, in terms of financial interests, including ownership-based compen- 38 sation, and voting rights held by the firm's owners, belongs to individ- 39 uals licensed to practice public accountancy in some state, and (2) that 40 all shareholders of a professional service corporation whose principal 41 place of business is in this state, and who are engaged in the practice 42 of public accountancy in this state, hold a valid license issued under 43 section seventy-four hundred four of the education law or are public 44 accountants licensed under section seventy-four hundred five of the 45 education law. Although firms may include non-licensee owners, the firm 46 and its owners must comply with rules promulgated by the state board of 47 regents. Notwithstanding the provisions of this paragraph, a firm 48 incorporated under this section may not have non-licensee owners if the 49 firm's name includes the words "certified public accountant," or "certi- 50 fied public accountants," or the abbreviations "CPA" or "CPAs". Each 51 non-licensee owner of a firm that is incorporated under this section 52 shall be a natural person who actively participates in the business ofS. 7506--A 80 1 the firm or its affiliated entities. For purposes of this subdivision, 2 "actively participate" means to provide services to clients or to other- 3 wise individually take part in the day-to-day business or management of 4 the firm. Such a firm shall have attached to its certificate of incorpo- 5 ration a certificate or certificates demonstrating the firm's compliance 6 with this paragraph, in lieu of the certificate or certificates required 7 by subparagraph (ii) of paragraph (b) of this section. 8 § 3. Section 1507 of the business corporation law is amended by adding 9 a new paragraph (c) to read as follows: 10 (c) Any firm established for the business purpose of incorporating as 11 a professional service corporation pursuant to paragraph (h) of section 12 fifteen hundred three of this article may issue shares to individuals 13 who are authorized by law to practice in this state a profession which 14 such corporation is authorized to practice and who are or have been 15 engaged in the practice of such profession in such corporation or a 16 predecessor entity, or who will engage in the practice of such profes- 17 sion in such corporation within thirty days of the date such shares are 18 issued and may also issue shares to employees of the corporation not 19 licensed as certified public accountants, provided that: 20 (i) at least fifty-one percent of the outstanding shares of stock of 21 the corporation are owned by certified public accountants, 22 (ii) at least fifty-one percent of the directors are certified public 23 accountants, 24 (iii) at least fifty-one percent of the officers are certified public 25 accountants, 26 (iv) the president, the chairperson of the board of directors and the 27 chief executive officer or officers are certified public accountants. 28 No shareholder of a firm established for the business purpose of incor- 29 porating as a professional service corporation pursuant to paragraph (h) 30 of section fifteen hundred three of this article shall enter into a 31 voting trust agreement, proxy or any other type of agreement vesting in 32 another person, other than another shareholder of the same corporation, 33 the authority to exercise voting power of any or all of his or her 34 shares. All shares issued, agreements made or proxies granted in 35 violation of this section shall be void. 36 § 4. Section 1508 of the business corporation law is amended by adding 37 a new paragraph (c) to read as follows: 38 (c) The directors and officers of any firm established for the busi- 39 ness purpose of incorporating as a professional service corporation 40 pursuant to paragraph (h) of section fifteen hundred three of this arti- 41 cle may include individuals who are not licensed to practice public 42 accountancy, provided however that at least fifty-one percent of the 43 directors, at least fifty-one percent of the officers and the president, 44 the chairperson of the board of directors and the chief executive offi- 45 cer or officers are authorized by law to practice in this state a 46 profession which such corporation is authorized to practice, and are 47 either shareholders of such corporation or engaged in the practice of 48 their professions in such corporation. 49 § 5. Section 1509 of the business corporation law, as amended by chap- 50 ter 550 of the laws of 2011, is amended to read as follows: 51 § 1509. Disqualification of shareholders, directors, officers and 52 employees. 53 If any shareholder, director, officer or employee of a professional 54 service corporation, including a design professional service corpo- 55 ration, or any firm established for the business purpose of incorporat- 56 ing as a professional service corporation pursuant to paragraph (h) ofS. 7506--A 81 1 section fifteen hundred three of this article, who has been rendering 2 professional service to the public becomes legally disqualified to prac- 3 tice his profession within this state, he shall sever all employment 4 with, and financial interests (other than interests as a creditor) in, 5 such corporation forthwith or as otherwise provided in section 1510 of 6 this article. All provisions of law regulating the rendering of profes- 7 sional services by a person elected or appointed to a public office 8 shall be applicable to a shareholder, director, officer and employee of 9 such corporation in the same manner and to the same extent as if fully 10 set forth herein. Such legal disqualification to practice his profession 11 within this state shall be deemed to constitute an irrevocable offer by 12 the disqualified shareholder to sell his shares to the corporation, 13 pursuant to the provisions of section 1510 of this article or of the 14 certificate of incorporation, by-laws or agreement among the corporation 15 and all shareholders, whichever is applicable. Compliance with the terms 16 of such offer shall be specifically enforceable in the courts of this 17 state. A professional service corporation's failure to enforce compli- 18 ance with this provision shall constitute a ground for forfeiture of its 19 certificate of incorporation and its dissolution. 20 § 6. Paragraph (a) of section 1511 of the business corporation law, as 21 amended by chapter 550 of the laws of 2011, is amended and a new para- 22 graph (c) is added to read as follows: 23 (a) No shareholder of a professional service corporation [or], includ- 24 ing a design professional service corporation, or any firm established 25 for the business purpose of incorporating as a professional service 26 corporation pursuant to paragraph (h) of section fifteen hundred three 27 of this article, may sell or transfer his shares in such corporation 28 except to another individual who is eligible to have shares issued to 29 him by such corporation or except in trust to another individual who 30 would be eligible to receive shares if he were employed by the corpo- 31 ration. Nothing herein contained shall be construed to prohibit the 32 transfer of shares by operation of law or by court decree. No transfer- 33 ee of shares by operation of law or court decree may vote the shares for 34 any purpose whatsoever except with respect to corporate action under 35 sections 909 and 1001 of this chapter. The restriction in the preceding 36 sentence shall not apply, however, where such transferee would be eligi- 37 ble to have shares issued to him if he were an employee of the corpo- 38 ration and, if there are other shareholders, a majority of such other 39 shareholders shall fail to redeem the shares so transferred, pursuant to 40 section 1510 of this article, within sixty days of receiving written 41 notice of such transfer. Any sale or transfer, except by operation of 42 law or court decree or except for a corporation having only one share- 43 holder, may be made only after the same shall have been approved by the 44 board of directors, or at a shareholders' meeting specially called for 45 such purpose by such proportion, not less than a majority, of the 46 outstanding shares as may be provided in the certificate of incorpo- 47 ration or in the by-laws of such professional service corporation. At 48 such shareholders' meeting the shares held by the shareholder proposing 49 to sell or transfer his shares may not be voted or counted for any 50 purpose, unless all shareholders consent that such shares be voted or 51 counted. The certificate of incorporation or the by-laws of the profes- 52 sional service corporation, or the professional service corporation and 53 the shareholders by private agreement, may provide, in lieu of or in 54 addition to the foregoing provisions, for the alienation of shares and 55 may require the redemption or purchase of such shares by such corpo- 56 ration at prices and in a manner specifically set forth therein. TheS. 7506--A 82 1 existence of the restrictions on the sale or transfer of shares, as 2 contained in this article and, if applicable, in the certificate of 3 incorporation, by-laws, stock purchase or stock redemption agreement, 4 shall be noted conspicuously on the face or back of every certificate 5 for shares issued by a professional service corporation. Any sale or 6 transfer in violation of such restrictions shall be void. 7 (c) A firm established for the business purpose of incorporating as a 8 professional service corporation pursuant to paragraph (h) of section 9 fifteen hundred three of this article, shall purchase or redeem the 10 shares of a non-licensed professional shareholder in the case of his or 11 her termination of employment within thirty days after such termination. 12 A firm established for the business purpose of incorporating as a 13 professional service corporation pursuant to paragraph (h) of section 14 fifteen hundred three of this article, shall not be required to purchase 15 or redeem the shares of a terminated non-licensed professional share- 16 holder if such shares, within thirty days after such termination, are 17 sold or transferred to another employee of the corporation pursuant to 18 this article. 19 § 7. Paragraph (a) of section 1512 of the business corporation law, as 20 amended by chapter 550 of the laws of 2011, is amended to read as 21 follows: 22 (a) Notwithstanding any other provision of law, the name of a profes- 23 sional service corporation, including a design professional service 24 corporation and any firm established for the business purpose of incor- 25 porating as a professional service corporation pursuant to paragraph (h) 26 of section fifteen hundred three of this article, may contain any word 27 which, at the time of incorporation, could be used in the name of a 28 partnership practicing a profession which the corporation is authorized 29 to practice, and may not contain any word which could not be used by 30 such a partnership. Provided, however, the name of a professional 31 service corporation may not contain the name of a deceased person unless 32 (1) such person's name was part of the corporate name at the time of 33 such person's death; or 34 (2) such person's name was part of the name of an existing partnership 35 and at least two-thirds of such partnership's partners become sharehold- 36 ers of the corporation. 37 § 8. Section 1514 of the business corporation law is amended by adding 38 a new paragraph (c) to read as follows: 39 (c) Each firm established for the business purpose of incorporating as 40 a professional service corporation pursuant to paragraph (h) of section 41 fifteen hundred three of this article shall, at least once every three 42 years on or before the date prescribed by the licensing authority, 43 furnish a statement to the licensing authority listing the names and 44 residence addresses of each shareholder, director and officer of such 45 corporation and certify as the date of certification and at all times 46 over the entire three year period that: 47 (i) at least fifty-one percent of the outstanding shares of stock of 48 the corporation are and were owned by certified public accountants, 49 (ii) at least fifty-one percent of the directors are and were certi- 50 fied public accountants, 51 (iii) at least fifty-one percent of the officers are and were certi- 52 fied public accountants, 53 (iv) the president, the chairperson of the board of directors and the 54 chief executive officer or officers are and were certified public 55 accountants.S. 7506--A 83 1 The statement shall be signed by the president or any certified public 2 accountant vice-president and attested to by the secretary or any 3 assistant secretary of the corporation. 4 § 9. Paragraph (d) of section 1525 of the business corporation law, as 5 added by chapter 505 of the laws of 1983, is amended to read as follows: 6 (d) "Foreign professional service corporation" means a professional 7 service corporation, whether or not denominated as such, organized under 8 the laws of a jurisdiction other than this state, all of the sharehold- 9 ers, directors and officers of which are authorized and licensed to 10 practice the profession for which such corporation is licensed to do 11 business; except that all shareholders, directors and officers of a 12 foreign professional service corporation which provides health services 13 in this state shall be licensed in this state. Notwithstanding any other 14 provision of law a foreign professional service corporation formed to 15 lawfully engage in the practice of public accountancy, as such practice 16 is defined under article one hundred forty-nine of the education law, or 17 equivalent state law, shall be required to show (1) that a simple major- 18 ity of the ownership of the firm, in terms of financial interests, 19 including ownership-based compensation, and voting rights held by the 20 firm's owners, belongs to individuals licensed to practice public 21 accountancy in some state, and (2) that all shareholders of a foreign 22 professional service corporation whose principal place of business is in 23 this state, and who are engaged in the practice of public accountancy in 24 this state, hold a valid license issued under section seventy-four 25 hundred four of the education law or are public accountants licensed 26 under section seventy-four hundred five of the education law. Although 27 firms may include non-licensee owners, the firm and its owners must 28 comply with rules promulgated by the state board of regents. Notwith- 29 standing the foregoing, a firm registered under this section may not 30 have non-licensee owners if the firm's name includes the words "certi- 31 fied public accountant," or "certified public accountants," or the 32 abbreviations "CPA" or "CPAs." Each non-licensee owner of a firm that is 33 operating under this section shall be a natural person who actively 34 participates in the business of the firm or its affiliated entities, 35 provided each beneficial owner of an equity interest in such entity is a 36 natural person who actively participates in the business conducted by 37 the firm or its affiliated entities. For purposes of this subdivision, 38 "actively participate" means to provide services to clients or to other- 39 wise individually take part in the day-to-day business or management of 40 the firm. 41 § 10. Subdivision (q) of section 121-1500 of the partnership law, as 42 amended by chapter 475 of the laws of 2014, is amended to read as 43 follows: 44 (q) Each partner of a registered limited liability partnership formed 45 to provide medical services in this state must be licensed pursuant to 46 article 131 of the education law to practice medicine in this state and 47 each partner of a registered limited liability partnership formed to 48 provide dental services in this state must be licensed pursuant to arti- 49 cle 133 of the education law to practice dentistry in this state. Each 50 partner of a registered limited liability partnership formed to provide 51 veterinary services in this state must be licensed pursuant to article 52 135 of the education law to practice veterinary medicine in this state. 53 Each partner of a registered limited liability partnership formed to 54 provide public accountancy services, whose principal place of business 55 is in this state and who provides public accountancy services, must be 56 licensed pursuant to article 149 of the education law to practice publicS. 7506--A 84 1 accountancy in this state. Each partner of a registered limited liabil- 2 ity partnership formed to provide professional engineering, land survey- 3 ing, geological services, architectural and/or landscape architectural 4 services in this state must be licensed pursuant to article 145, article 5 147 and/or article 148 of the education law to practice one or more of 6 such professions in this state. Each partner of a registered limited 7 liability partnership formed to provide licensed clinical social work 8 services in this state must be licensed pursuant to article 154 of the 9 education law to practice clinical social work in this state. Each part- 10 ner of a registered limited liability partnership formed to provide 11 creative arts therapy services in this state must be licensed pursuant 12 to article 163 of the education law to practice creative arts therapy in 13 this state. Each partner of a registered limited liability partnership 14 formed to provide marriage and family therapy services in this state 15 must be licensed pursuant to article 163 of the education law to prac- 16 tice marriage and family therapy in this state. Each partner of a regis- 17 tered limited liability partnership formed to provide mental health 18 counseling services in this state must be licensed pursuant to article 19 163 of the education law to practice mental health counseling in this 20 state. Each partner of a registered limited liability partnership formed 21 to provide psychoanalysis services in this state must be licensed pursu- 22 ant to article 163 of the education law to practice psychoanalysis in 23 this state. Each partner of a registered limited liability partnership 24 formed to provide applied behavior analysis service in this state must 25 be licensed or certified pursuant to article 167 of the education law to 26 practice applied behavior analysis in this state. Notwithstanding any 27 other provisions of law a limited liability partnership formed to 28 lawfully engage in the practice of public accountancy, as such practice 29 is respectively defined under article 149 of the education law, shall be 30 required to show (1) that a simple majority of the ownership of the 31 firm, in terms of financial interests, including ownership-based compen- 32 sation, and voting rights held by the firm's owners, belongs to individ- 33 uals licensed to practice public accountancy in some state, and (2) that 34 all partners of a limited liability partnership whose principal place of 35 business is in this state, and who are engaged in the practice of public 36 accountancy in this state, hold a valid license issued under section 37 7404 of the education law or are public accountants licensed under 38 section 7405 of the education law. Although firms may include non-licen- 39 see owners, the firm and its owners must comply with rules promulgated 40 by the state board of regents. Notwithstanding the foregoing, a firm 41 registered under this section may not have non-licensee owners if the 42 firm's name includes the words "certified public accountant," or "certi- 43 fied public accounts," or the abbreviations "CPA" or "CPAs." Each non- 44 licensee owner of a firm that is incorporated under this section shall 45 be (1) a natural person who actively participates in the business of the 46 firm or its affiliated entities, or (2) an entity, including, but not 47 limited to, a partnership or professional corporation, provided each 48 beneficial owner of an equity interest in such entity is a natural 49 person who actively participates in the business conducted by the firm 50 or its affiliated entities. For purposes of this subdivision, "actively 51 participate" means to provide services to clients or to otherwise indi- 52 vidually take part in the day-to-day business or management of the firm. 53 § 11. Subdivision (q) of section 121-1502 of the partnership law, as 54 amended by chapter 475 of the laws of 2014, is amended to read as 55 follows:S. 7506--A 85 1 (q) Each partner of a foreign limited liability partnership which 2 provides medical services in this state must be licensed pursuant to 3 article 131 of the education law to practice medicine in the state and 4 each partner of a foreign limited liability partnership which provides 5 dental services in the state must be licensed pursuant to article 133 of 6 the education law to practice dentistry in this state. Each partner of a 7 foreign limited liability partnership which provides veterinary service 8 in the state shall be licensed pursuant to article 135 of the education 9 law to practice veterinary medicine in this state. Each partner of a 10 foreign limited liability partnership which provides professional engi- 11 neering, land surveying, geological services, architectural and/or land- 12 scape architectural services in this state must be licensed pursuant to 13 article 145, article 147 and/or article 148 of the education law to 14 practice one or more of such professions. Each partner of a foreign 15 registered limited liability partnership formed to provide public 16 accountancy services, whose principal place of business is in this state 17 and who provides public accountancy services, must be licensed pursuant 18 to article 149 of the education law to practice public accountancy in 19 this state. Each partner of a foreign limited liability partnership 20 which provides licensed clinical social work services in this state must 21 be licensed pursuant to article 154 of the education law to practice 22 licensed clinical social work in this state. Each partner of a foreign 23 limited liability partnership which provides creative arts therapy 24 services in this state must be licensed pursuant to article 163 of the 25 education law to practice creative arts therapy in this state. Each 26 partner of a foreign limited liability partnership which provides 27 marriage and family therapy services in this state must be licensed 28 pursuant to article 163 of the education law to practice marriage and 29 family therapy in this state. Each partner of a foreign limited liabil- 30 ity partnership which provides mental health counseling services in this 31 state must be licensed pursuant to article 163 of the education law to 32 practice mental health counseling in this state. Each partner of a 33 foreign limited liability partnership which provides psychoanalysis 34 services in this state must be licensed pursuant to article 163 of the 35 education law to practice psychoanalysis in this state. Each partner of 36 a foreign limited liability partnership which provides applied behavior 37 analysis services in this state must be licensed or certified pursuant 38 to article 167 of the education law to practice applied behavior analy- 39 sis in this state. Notwithstanding any other provisions of law a 40 foreign limited liability partnership formed to lawfully engage in the 41 practice of public accountancy, as such practice is respectively defined 42 under article 149 of the education law, shall be required to show (1) 43 that a simple majority of the ownership of the firm, in terms of finan- 44 cial interests, including ownership-based compensation, and voting 45 rights held by the firm's owners, belongs to individuals licensed to 46 practice public accountancy in some state, and (2) that all partners of 47 a foreign limited liability partnership whose principal place of busi- 48 ness is in this state, and who are engaged in the practice of public 49 accountancy in this state, hold a valid licence issued under section 50 7404 of the education law or are public accountants licensed under 51 section 7405 of the education law. Although firms may include non-licen- 52 see owners, the firm and its owners must comply with rules promulgated 53 by the state board of regents. Notwithstanding the foregoing, a firm 54 registered under this section may not have non-licensee owners if the 55 firm's name includes the words "certified public accountant," or "certi- 56 fied public accountants," or the abbreviations "CPA" or "CPAs." EachS. 7506--A 86 1 non-licensee owner of a firm that is incorporated under this section 2 shall be (1) a natural person who actively participates in the business 3 of the firm or its affiliated entities, or (2) an entity, including, but 4 not limited to, a partnership or professional corporation, provided each 5 beneficial owner of an equity interest in such entity is a natural 6 person who actively participates in the business conducted by the firm 7 or its affiliated entities. For purposes of this subdivision, "actively 8 participate" means to provide services to clients or to otherwise indi- 9 vidually take part in the day-to-day business or management of the firm. 10 § 12. Subdivision (h) of section 121-101 of the partnership law, as 11 added by chapter 950 of the laws of 1990, is amended to read as follows: 12 (h) "Limited partnership" and "domestic limited partnership" mean, 13 unless the context otherwise requires, a partnership (i) formed by two 14 or more persons pursuant to this article or which complies with subdivi- 15 sion (a) of section 121-1202 of this article and (ii) having one or more 16 general partners and one or more limited partners. Notwithstanding any 17 other provisions of law a limited partnership or domestic limited part- 18 nership formed to lawfully engage in the practice of public accountancy, 19 as such practice is respectively defined under article 149 of the educa- 20 tion law shall be required to show (1) that a simple majority of the 21 ownership of the firm, in terms of financial interests, including owner- 22 ship-based compensation, and voting rights held by the firm's owners, 23 belongs to individuals licensed to practice public accountancy in some 24 state, and (2) that all partners of a limited partnership or domestic 25 limited partnership, whose principal place of business is in this state, 26 and who are engaged in the practice of public accountancy in this state, 27 hold a valid license issued under section 7404 of the education law or 28 are public accountants licensed under section 7405 of the education law. 29 Although firms may include non-licensee owners, the firm and its owners 30 must comply with rules promulgated by the state board of regents. 31 Notwithstanding the foregoing, a firm registered under this section may 32 not have non-licensee owners if the firm's name includes the words 33 "certified public accountant," or "certified public accountants," or the 34 abbreviations "CPA" or "CPAs." Each non-licensee owner of a firm that is 35 registered under this section shall be (1) a natural person who actively 36 participates in the business of the firm or its affiliated entities, or 37 (2) an entity, including, but not limited to, a partnership or profes- 38 sional corporation, provided each beneficial owner of an equity interest 39 in such entity is a natural person who actively participates in the 40 business conducted by the firm or its affiliated entities. For purposes 41 of this subdivision, "actively participate" means to provide services to 42 clients or to otherwise individually take part in the day-to-day busi- 43 ness or management of the firm. 44 § 13. Subdivision (b) of section 1207 of the limited liability company 45 law, as amended by chapter 475 of the laws of 2014, is amended to read 46 as follows: 47 (b) With respect to a professional service limited liability company 48 formed to provide medical services as such services are defined in arti- 49 cle 131 of the education law, each member of such limited liability 50 company must be licensed pursuant to article 131 of the education law to 51 practice medicine in this state. With respect to a professional service 52 limited liability company formed to provide dental services as such 53 services are defined in article 133 of the education law, each member of 54 such limited liability company must be licensed pursuant to article 133 55 of the education law to practice dentistry in this state. With respect 56 to a professional service limited liability company formed to provideS. 7506--A 87 1 veterinary services as such services are defined in article 135 of the 2 education law, each member of such limited liability company must be 3 licensed pursuant to article 135 of the education law to practice veter- 4 inary medicine in this state. With respect to a professional service 5 limited liability company formed to provide professional engineering, 6 land surveying, architectural, landscape architectural and/or geological 7 services as such services are defined in article 145, article 147 and 8 article 148 of the education law, each member of such limited liability 9 company must be licensed pursuant to article 145, article 147 and/or 10 article 148 of the education law to practice one or more of such 11 professions in this state. With respect to a professional service 12 limited liability company formed to provide public accountancy services 13 as such services are defined in article 149 of the education law each 14 member of such limited liability company whose principal place of busi- 15 ness is in this state and who provides public accountancy services, must 16 be licensed pursuant to article 149 of the education law to practice 17 public accountancy in this state. With respect to a professional service 18 limited liability company formed to provide licensed clinical social 19 work services as such services are defined in article 154 of the educa- 20 tion law, each member of such limited liability company shall be 21 licensed pursuant to article 154 of the education law to practice 22 licensed clinical social work in this state. With respect to a profes- 23 sional service limited liability company formed to provide creative arts 24 therapy services as such services are defined in article 163 of the 25 education law, each member of such limited liability company must be 26 licensed pursuant to article 163 of the education law to practice crea- 27 tive arts therapy in this state. With respect to a professional service 28 limited liability company formed to provide marriage and family therapy 29 services as such services are defined in article 163 of the education 30 law, each member of such limited liability company must be licensed 31 pursuant to article 163 of the education law to practice marriage and 32 family therapy in this state. With respect to a professional service 33 limited liability company formed to provide mental health counseling 34 services as such services are defined in article 163 of the education 35 law, each member of such limited liability company must be licensed 36 pursuant to article 163 of the education law to practice mental health 37 counseling in this state. With respect to a professional service limited 38 liability company formed to provide psychoanalysis services as such 39 services are defined in article 163 of the education law, each member of 40 such limited liability company must be licensed pursuant to article 163 41 of the education law to practice psychoanalysis in this state. With 42 respect to a professional service limited liability company formed to 43 provide applied behavior analysis services as such services are defined 44 in article 167 of the education law, each member of such limited liabil- 45 ity company must be licensed or certified pursuant to article 167 of the 46 education law to practice applied behavior analysis in this state. 47 Notwithstanding any other provisions of law a professional service 48 limited liability company formed to lawfully engage in the practice of 49 public accountancy, as such practice is respectively defined under arti- 50 cle 149 of the education law shall be required to show (1) that a simple 51 majority of the ownership of the firm, in terms of financial interests, 52 including ownership-based compensation, and voting rights held by the 53 firm's owners, belongs to individuals licensed to practice public 54 accountancy in some state, and (2) that all members of a limited profes- 55 sional service limited liability company, whose principal place of busi- 56 ness is in this state, and who are engaged in the practice of publicS. 7506--A 88 1 accountancy in this state, hold a valid license issued under section 2 7404 of the education law or are public accountants licensed under 3 section 7405 of the education law. Although firms may include non-licen- 4 see owners, the firm and its owners must comply with rules promulgated 5 by the state board of regents. Notwithstanding the foregoing, a firm 6 registered under this section may not have non-licensee owners if the 7 firm's name includes the words "certified public accountant," or "certi- 8 fied public accountants," or the abbreviations "CPA" or "CPAs." Each 9 non-licensee owner of a firm that is registered under this section shall 10 be (1) a natural person who actively participates in the business of the 11 firm or its affiliated entities, or (2) an entity, including, but not 12 limited to, a partnership or professional corporation, provided each 13 beneficial owner of an equity interest in such entity is a natural 14 person who actively participates in the business conducted by the firm 15 or its affiliated entities. For purposes of this subdivision, "actively 16 participate" means to provide services to clients or to otherwise indi- 17 vidually take part in the day-to-day business or management of the firm. 18 § 14. Subdivision (a) of section 1301 of the limited liability company 19 law, as amended by chapter 475 of the laws of 2014, is amended to read 20 as follows: 21 (a) "Foreign professional service limited liability company" means a 22 professional service limited liability company, whether or not denomi- 23 nated as such, organized under the laws of a jurisdiction other than 24 this state, (i) each of whose members and managers, if any, is a profes- 25 sional authorized by law to render a professional service within this 26 state and who is or has been engaged in the practice of such profession 27 in such professional service limited liability company or a predecessor 28 entity, or will engage in the practice of such profession in the profes- 29 sional service limited liability company within thirty days of the date 30 such professional becomes a member, or each of whose members and manag- 31 ers, if any, is a professional at least one of such members is author- 32 ized by law to render a professional service within this state and who 33 is or has been engaged in the practice of such profession in such 34 professional service limited liability company or a predecessor entity, 35 or will engage in the practice of such profession in the professional 36 service limited liability company within thirty days of the date such 37 professional becomes a member, or (ii) authorized by, or holding a 38 license, certificate, registration or permit issued by the licensing 39 authority pursuant to, the education law to render a professional 40 service within this state; except that all members and managers, if any, 41 of a foreign professional service limited liability company that 42 provides health services in this state shall be licensed in this state. 43 With respect to a foreign professional service limited liability company 44 which provides veterinary services as such services are defined in arti- 45 cle 135 of the education law, each member of such foreign professional 46 service limited liability company shall be licensed pursuant to article 47 135 of the education law to practice veterinary medicine. With respect 48 to a foreign professional service limited liability company which 49 provides medical services as such services are defined in article 131 of 50 the education law, each member of such foreign professional service 51 limited liability company must be licensed pursuant to article 131 of 52 the education law to practice medicine in this state. With respect to a 53 foreign professional service limited liability company which provides 54 dental services as such services are defined in article 133 of the 55 education law, each member of such foreign professional service limited 56 liability company must be licensed pursuant to article 133 of the educa-S. 7506--A 89 1 tion law to practice dentistry in this state. With respect to a foreign 2 professional service limited liability company which provides profes- 3 sional engineering, land surveying, geologic, architectural and/or land- 4 scape architectural services as such services are defined in article 5 145, article 147 and article 148 of the education law, each member of 6 such foreign professional service limited liability company must be 7 licensed pursuant to article 145, article 147 and/or article 148 of the 8 education law to practice one or more of such professions in this state. 9 With respect to a foreign professional service limited liability company 10 which provides public accountancy services as such services are defined 11 in article 149 of the education law, each member of such foreign profes- 12 sional service limited liability company whose principal place of busi- 13 ness is in this state and who provides public accountancy services, 14 shall be licensed pursuant to article 149 of the education law to prac- 15 tice public accountancy in this state. With respect to a foreign profes- 16 sional service limited liability company which provides licensed clin- 17 ical social work services as such services are defined in article 154 of 18 the education law, each member of such foreign professional service 19 limited liability company shall be licensed pursuant to article 154 of 20 the education law to practice clinical social work in this state. With 21 respect to a foreign professional service limited liability company 22 which provides creative arts therapy services as such services are 23 defined in article 163 of the education law, each member of such foreign 24 professional service limited liability company must be licensed pursuant 25 to article 163 of the education law to practice creative arts therapy in 26 this state. With respect to a foreign professional service limited 27 liability company which provides marriage and family therapy services as 28 such services are defined in article 163 of the education law, each 29 member of such foreign professional service limited liability company 30 must be licensed pursuant to article 163 of the education law to prac- 31 tice marriage and family therapy in this state. With respect to a 32 foreign professional service limited liability company which provides 33 mental health counseling services as such services are defined in arti- 34 cle 163 of the education law, each member of such foreign professional 35 service limited liability company must be licensed pursuant to article 36 163 of the education law to practice mental health counseling in this 37 state. With respect to a foreign professional service limited liability 38 company which provides psychoanalysis services as such services are 39 defined in article 163 of the education law, each member of such foreign 40 professional service limited liability company must be licensed pursuant 41 to article 163 of the education law to practice psychoanalysis in this 42 state. With respect to a foreign professional service limited liability 43 company which provides applied behavior analysis services as such 44 services are defined in article 167 of the education law, each member of 45 such foreign professional service limited liability company must be 46 licensed or certified pursuant to article 167 of the education law to 47 practice applied behavior analysis in this state. Notwithstanding any 48 other provisions of law a foreign professional service limited liability 49 company formed to lawfully engage in the practice of public accountancy, 50 as such practice is respectively defined under article 149 of the educa- 51 tion law shall be required to show (1) that a simple majority of the 52 ownership of the firm, in terms of financial interests, including owner- 53 ship-based compensation, and voting rights held by the firm's owners, 54 belongs to individuals licensed to practice public accountancy in some 55 state, and (2) that all members of a foreign limited professional 56 service limited liability company, whose principal place of business isS. 7506--A 90 1 in this state, and who are engaged in the practice of public accountancy 2 in this state, hold a valid license issued under section 7404 of the 3 education law or are public accountants licensed under section 7405 of 4 the education law, Although firms may include non-licensee owners, the 5 firm and its owners must comply with rules promulgated by the state 6 board of regents. Notwithstanding the foregoing, a firm registered 7 under this section may not have non-licensee owners if the firm's name 8 includes the words "certified public accountant," or "certified public 9 accountants," or the abbreviations "CPA" or "CPAs." Each non-licensee 10 owner of a firm that is registered under this section shall be (1) a 11 natural person who actively participates in the business of the firm or 12 its affiliated entities, or (2) an entity, including, but not limited 13 to, a partnership or professional corporation, provided each beneficial 14 owner of an equity interest in such entity is a natural person who 15 actively participates in the business conducted by the firm or its 16 affiliated entities. For purposes of this subdivision, "actively partic- 17 ipate" means to provide services to clients or to otherwise individually 18 take part in the day-to-day business or management of the firm. 19 § 15. This act shall take effect immediately. 20 PART G 21 Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of 22 subdivision 8 of section 404 of the social services law are REPEALED. 23 § 2. Section 11 of subpart A of part G of chapter 57 of the laws of 24 2012, amending the social services law and the family court act relating 25 to establishing a juvenile justice services close to home initiative, is 26 amended to read as follows: 27 § 11. This act shall take effect April 1, 2012 and shall expire on 28 March 31, [2018] 2023 when upon such date the provisions of this act 29 shall be deemed repealed; provided, however, that effective immediately, 30 the addition, amendment and/or repeal of any rule or regulation neces- 31 sary for the implementation of this act on its effective date are 32 authorized and directed to be made and completed on or before such 33 effective date; provided, however, upon the repeal of this act, a social 34 services district that has custody of a juvenile delinquent pursuant to 35 an approved juvenile justice services close to home initiative shall 36 retain custody of such juvenile delinquent until custody may be legally 37 transferred in an orderly fashion to the office of children and family 38 services. 39 § 3. Section 7 of subpart B of part G of chapter 57 of the laws of 40 2012, amending the social services law, the family court act and the 41 executive law relating to juvenile delinquents, is amended to read as 42 follows: 43 § 7. This act shall take effect April 1, 2012 and shall expire on 44 March 31, [2018] 2023 when upon such date the provisions of this act 45 shall be deemed repealed; provided, however, that effective immediately, 46 the addition, amendment and/or repeal of any rule or regulation neces- 47 sary for the implementation of this act on its effective date is author- 48 ized and directed to be made and completed on or before such effective 49 date. 50 § 4. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on March 31, 2018. 52 PART HS. 7506--A 91 1 Intentionally Omitted 2 PART I 3 Section 1. Section 9 of part G of chapter 57 of the laws of 2013, 4 amending the executive law and the social services law relating to 5 consolidating the youth development and delinquency prevention program 6 and the special delinquency prevention program, is amended to read as 7 follows: 8 § 9. This act shall take effect January 1, 2014 and shall expire and 9 be deemed repealed on December 31, [2018] 2021. 10 § 2. This act shall take effect immediately. 11 PART J 12 Section 1. Section 4 of part K of chapter 57 of the laws of 2012, 13 amending the education law, relating to authorizing the board of cooper- 14 ative educational services to enter into contracts with the commissioner 15 of children and family services to provide certain services, as amended 16 by section 5 of part J of chapter 56 of the laws of 2015, is amended to 17 read as follows: 18 § 4. This act shall take effect July 1, 2012 and shall expire June 30, 19 [2018] 2021 when upon such date the provisions of this act shall be 20 deemed repealed. 21 § 2. This act shall take effect immediately. 22 PART K 23 Section 1. Paragraph (b) of subdivision 2 of section 1676 of the 24 public authorities law is amended by adding a new undesignated paragraph 25 to read as follows: 26 The office of children and family services of the state of New York. 27 § 2. This act shall take effect immediately. 28 PART L 29 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of 30 section 131-o of the social services law, as amended by section 1 of 31 part P of chapter 56 of the laws of 2017, are amended to read as 32 follows: 33 (a) in the case of each individual receiving family care, an amount 34 equal to at least [$141.00] $144.00 for each month beginning on or after 35 January first, two thousand [seventeen] eighteen. 36 (b) in the case of each individual receiving residential care, an 37 amount equal to at least [$163.00] $166.00 for each month beginning on 38 or after January first, two thousand [seventeen] eighteen. 39 (c) in the case of each individual receiving enhanced residential 40 care, an amount equal to at least [$194.00] $198.00 for each month 41 beginning on or after January first, two thousand [seventeen] eighteen. 42 (d) for the period commencing January first, two thousand [eighteen] 43 nineteen, the monthly personal needs allowance shall be an amount equal 44 to the sum of the amounts set forth in subparagraphs one and two of this 45 paragraph: 46 (1) the amounts specified in paragraphs (a), (b) and (c) of this 47 subdivision; andS. 7506--A 92 1 (2) the amount in subparagraph one of this paragraph, multiplied by 2 the percentage of any federal supplemental security income cost of 3 living adjustment which becomes effective on or after January first, two 4 thousand [eighteen] nineteen, but prior to June thirtieth, two thousand 5 [eighteen] nineteen, rounded to the nearest whole dollar. 6 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of 7 section 209 of the social services law, as amended by section 2 of part 8 P of chapter 56 of the laws of 2017, are amended to read as follows: 9 (a) On and after January first, two thousand [seventeen] eighteen, for 10 an eligible individual living alone, [$822.00] $837.00; and for an 11 eligible couple living alone, [$1,207.00] $1,229.00. 12 (b) On and after January first, two thousand [seventeen] eighteen, for 13 an eligible individual living with others with or without in-kind 14 income, [$758.00] $773.00; and for an eligible couple living with others 15 with or without in-kind income, [$1,149.00] $1,171.00. 16 (c) On and after January first, two thousand [seventeen] eighteen, (i) 17 for an eligible individual receiving family care, [$1,001.48] $1,016.48 18 if he or she is receiving such care in the city of New York or the coun- 19 ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible 20 couple receiving family care in the city of New York or the county of 21 Nassau, Suffolk, Westchester or Rockland, two times the amount set forth 22 in subparagraph (i) of this paragraph; or (iii) for an eligible individ- 23 ual receiving such care in any other county in the state, [$963.48] 24 $978.48; and (iv) for an eligible couple receiving such care in any 25 other county in the state, two times the amount set forth in subpara- 26 graph (iii) of this paragraph. 27 (d) On and after January first, two thousand [seventeen] eighteen, (i) 28 for an eligible individual receiving residential care, [$1,170.00] 29 $1,185.00 if he or she is receiving such care in the city of New York or 30 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an 31 eligible couple receiving residential care in the city of New York or 32 the county of Nassau, Suffolk, Westchester or Rockland, two times the 33 amount set forth in subparagraph (i) of this paragraph; or (iii) for an 34 eligible individual receiving such care in any other county in the 35 state, [$1,140.00] $1,155.00; and (iv) for an eligible couple receiving 36 such care in any other county in the state, two times the amount set 37 forth in subparagraph (iii) of this paragraph. 38 (e) (i) [On and after] (1) From January first, two thousand seventeen 39 to March thirty-first, two thousand eighteen, for an eligible individual 40 receiving enhanced residential care, $1,429.00; and [(ii)] (2) for an 41 eligible couple receiving enhanced residential care, two times the 42 amount set forth in [subparagraph (i)] clause one of this [paragraph] 43 subparagraph. 44 (ii) (1) From April first, two thousand eighteen to March thirty- 45 first, two thousand nineteen, for an eligible individual receiving 46 enhanced residential care, $1,549.00; and (2) for an eligible couple 47 receiving enhanced residential care, two times the amount set forth in 48 clause one of this subparagraph. 49 (iii) (1) From April first, two thousand nineteen to March thirty- 50 first, two thousand twenty, for an eligible individual receiving 51 enhanced residential care, $1,669.00; and (2) for an eligible couple 52 receiving enhanced residential care, two times the amount set forth in 53 clause one of this subparagraph. 54 (iv) (1) From April first, two thousand twenty to March thirty-first, 55 two thousand twenty-one, for an eligible individual receiving enhanced 56 residential care, $1,789.00; and (2) for an eligible couple receivingS. 7506--A 93 1 enhanced residential care, two times the amount set forth in clause one 2 of this subparagraph. 3 (v) (1) From April first, two thousand twenty-one to March thirty- 4 first, two thousand twenty-two, for an eligible individual receiving 5 enhanced residential care, $1,909.00; and (2) for an eligible couple 6 receiving enhanced residential care, two times the amount set forth in 7 clause one of this subparagraph. 8 (vi) (1) From April first, two thousand twenty-two and thereafter, for 9 an eligible individual receiving enhanced residential care, $2,029.00; 10 and (2) for an eligible couple receiving enhanced residential care, two 11 times the amount set forth in clause one of this subparagraph. 12 (f) The amounts set forth in paragraphs (a) through (e) of this subdi- 13 vision shall be increased to reflect any increases in federal supple- 14 mental security income benefits for individuals or couples which become 15 effective on or after January first, two thousand [eighteen] nineteen 16 but prior to June thirtieth, two thousand [eighteen] nineteen. 17 § 3. This act shall take effect December 31, 2018; provided, however, 18 that the amendments to paragraph (e) of subdivision 2 of section 209 of 19 the social services law made by section two of this act shall take 20 effect April 1, 2018. 21 PART M 22 Intentionally Omitted 23 PART N 24 Section 1. Notwithstanding any other provision of law, the housing 25 trust fund corporation may provide, for purposes of the rural rental 26 assistance program pursuant to article 17-a of the private housing 27 finance law, a sum not to exceed $23,649,000 for the fiscal year ending 28 March 31, 2019. Notwithstanding any other provision of law, and subject 29 to the approval of the New York state director of the budget, the board 30 of directors of the state of New York mortgage agency shall authorize 31 the transfer to the housing trust fund corporation, for the purposes of 32 reimbursing any costs associated with rural rental assistance program 33 contracts authorized by this section, a total sum not to exceed 34 $23,649,000, such transfer to be made from (i) the special account of 35 the mortgage insurance fund created pursuant to section 2429-b of the 36 public authorities law, in an amount not to exceed the actual excess 37 balance in the special account of the mortgage insurance fund, as deter- 38 mined and certified by the state of New York mortgage agency for the 39 fiscal year 2017-2018 in accordance with section 2429-b of the public 40 authorities law, if any, and/or (ii) provided that the reserves in the 41 project pool insurance account of the mortgage insurance fund created 42 pursuant to section 2429-b of the public authorities law are sufficient 43 to attain and maintain the credit rating (as determined by the state of 44 New York mortgage agency) required to accomplish the purposes of such 45 account, the project pool insurance account of the mortgage insurance 46 fund, such transfer to be made as soon as practicable but no later than 47 June 30, 2018. 48 § 2. Notwithstanding any other provision of law, the housing trust 49 fund corporation may provide, for purposes of the neighborhood preserva- 50 tion program, a sum not to exceed $14,550,000 for the fiscal year ending 51 March 31, 2019. Within this amount, $250,000 shall be used for the 52 purpose of entering into a contract with the neighborhood preservationS. 7506--A 94 1 coalition to provide technical assistance and service to companies fund- 2 ed pursuant to article 16 of the private housing finance law. Notwith- 3 standing any other provision of law, and subject to the approval of the 4 New York state director of the budget, the board of directors of the 5 state of New York mortgage agency shall authorize the transfer to the 6 housing trust fund corporation, for the purposes of reimbursing any 7 costs associated with neighborhood preservation program contracts 8 authorized by this section, a total sum not to exceed $14,550,000, such 9 transfer to be made from (i) the special account of the mortgage insur- 10 ance fund created pursuant to section 2429-b of the public authorities 11 law, in an amount not to exceed the actual excess balance in the special 12 account of the mortgage insurance fund, as determined and certified by 13 the state of New York mortgage agency for the fiscal year 2017-2018 in 14 accordance with section 2429-b of the public authorities law, if any, 15 and/or (ii) provided that the reserves in the project pool insurance 16 account of the mortgage insurance fund created pursuant to section 17 2429-b of the public authorities law are sufficient to attain and main- 18 tain the credit rating (as determined by the state of New York mortgage 19 agency) required to accomplish the purposes of such account, the project 20 pool insurance account of the mortgage insurance fund, such transfer to 21 be made as soon as practicable but no later than June 30, 2018. 22 § 3. Notwithstanding any other provision of law, the housing trust 23 fund corporation may provide, for purposes of the rural preservation 24 program, a sum not to exceed $6,250,000 for the fiscal year ending March 25 31, 2019. Within this amount, $250,000 shall be used for the purpose of 26 entering into a contract with the rural preservation coalition to 27 provide technical assistance and service to companies funded pursuant to 28 article 17 of the private housing finance law. Notwithstanding any 29 other provision of law, and subject to the approval of the New York 30 state director of the budget, the board of directors of the state of New 31 York mortgage agency shall authorize the transfer to the housing trust 32 fund corporation, for the purposes of reimbursing any costs associated 33 with rural preservation program contracts authorized by this section, a 34 total sum not to exceed $6,250,000, such transfer to be made from (i) 35 the special account of the mortgage insurance fund created pursuant to 36 section 2429-b of the public authorities law, in an amount not to exceed 37 the actual excess balance in the special account of the mortgage insur- 38 ance fund, as determined and certified by the state of New York mortgage 39 agency for the fiscal year 2017-2018 in accordance with section 2429-b 40 of the public authorities law, if any, and/or (ii) provided that the 41 reserves in the project pool insurance account of the mortgage insurance 42 fund created pursuant to section 2429-b of the public authorities law 43 are sufficient to attain and maintain the credit rating (as determined 44 by the state of New York mortgage agency) required to accomplish the 45 purposes of such account, the project pool insurance account of the 46 mortgage insurance fund, such transfer to be made as soon as practicable 47 but no later than June 30, 2018. 48 § 4. Notwithstanding any other provision of law, the homeless housing 49 and assistance corporation may provide, for purposes of the New York 50 state supportive housing program, the solutions to end homelessness 51 program or the operational support for AIDS housing program, or to qual- 52 ified grantees under those programs, in accordance with the requirements 53 of those programs, a sum not to exceed $6,522,000 for the fiscal year 54 ending March 31, 2019. The homeless housing and assistance corporation 55 may enter into an agreement with the office of temporary and disability 56 assistance to administer such sum in accordance with the requirements ofS. 7506--A 95 1 the programs. Notwithstanding any other provision of law, and subject to 2 the approval of the New York state director of the budget, the board of 3 directors of the state of New York mortgage agency shall authorize the 4 transfer to the homeless housing and assistance corporation, a total sum 5 not to exceed $6,522,000, such transfer to be made from (i) the special 6 account of the mortgage insurance fund created pursuant to section 7 2429-b of the public authorities law, in an amount not to exceed the 8 actual excess balance in the special account of the mortgage insurance 9 fund, as determined and certified by the state of New York mortgage 10 agency for the fiscal year 2017-2018 in accordance with section 2429-b 11 of the public authorities law, if any, and/or (ii) provided that the 12 reserves in the project pool insurance account of the mortgage insurance 13 fund created pursuant to section 2429-b of the public authorities law 14 are sufficient to attain and maintain the credit rating (as determined 15 by the state of New York mortgage agency) required to accomplish the 16 purposes of such account, the project pool insurance account of the 17 mortgage insurance fund, such transfer to be made as soon as practicable 18 but no later than March 31, 2019. 19 § 5. Notwithstanding any other provision of law, the housing trust 20 fund corporation may provide, for the purposes of the access to home 21 program pursuant to article 25 of the private housing finance law, a sum 22 not to exceed $4,000,000 for the fiscal year ending March 31, 2019. 23 Notwithstanding any other provision of law, and subject to the approval 24 of the New York state director of the budget, the board of directors of 25 the state of New York mortgage agency shall authorize the transfer to 26 the housing trust fund corporation, for the purposes of reimbursing any 27 costs associated with access to home contracts authorized by this 28 section, a total sum not to exceed $4,000,000, such transfer to be made 29 from (i) the special account of the mortgage insurance fund created 30 pursuant to section 2429-b of the public authorities law, in an amount 31 not to exceed the actual excess balance in the special account of the 32 mortgage insurance fund, as determined and certified by the state of New 33 York mortgage agency for the fiscal year 2017-18 in accordance with 34 section 2429-b of the public authorities law, if any, and/or (ii) 35 provided that the reserves in the project pool insurance account of the 36 mortgage insurance fund created pursuant to section 2429-b of the public 37 authorities law are sufficient to attain and maintain the credit rating 38 (as determined by the state of New York mortgage agency) required to 39 accomplish the purpose of such account, the project pool insurance 40 amount of the mortgage insurance fund, such transfer to be made as soon 41 as practicable but no later than June 30, 2018. 42 § 6. Notwithstanding any other provision of law, the housing trust 43 fund corporation may provide, for the purposes of the residential emer- 44 gency services to offer (Home) repairs to the elderly (RESTORE) program, 45 a sum not to exceed $3,600,000 for the fiscal year ending March 31, 46 2019. Notwithstanding any other provision of law, and subject to the 47 approval of the New York state director of the budget, the board of 48 directors of the state of New York mortgage agency shall authorize the 49 transfer to the housing trust fund corporation, for the purposes of 50 reimbursing any costs associated with residential emergency services to 51 offer (Home) repairs to the elderly (RESTORE) program contracts author- 52 ized by this section, a total sum not to exceed $3,600,000, such trans- 53 fer to be made from (i) the special account of the mortgage insurance 54 fund created pursuant to section 2429-b of the public authorities law, 55 in an amount not to exceed the actual excess balance in the special 56 account of the mortgage insurance fund, as determined and certified byS. 7506--A 96 1 the state of New York mortgage agency for the fiscal year 2017-18 in 2 accordance with section 2429-b of the public authorities law, if any, 3 and/or (ii) provided that the reserves in the project pool insurance 4 account of the mortgage insurance fund created pursuant to section 5 2429-b of the public authorities law are sufficient to attain and main- 6 tain the credit rating (as determined by the state of New York mortgage 7 agency) required to accomplish the purpose of such account, the project 8 pool insurance amount of the mortgage insurance fund, such transfer to 9 be made as soon as practicable but no later than June 30, 2018. 10 § 7. This act shall take effect immediately. 11 PART O 12 Section 1. This Part enacts into law components of legislation relat- 13 ing to the prevention, response and recovery of flooding on Lake Ontario 14 and the St. Lawrence River. Each component is wholly contained within a 15 Subpart identified as Subparts A through E. The effective date for each 16 particular provision contained within such Subpart as set forth in the 17 last section of such Subpart. Any provision in any section contained 18 within a Subpart, including the effective date of the Subpart, which 19 makes a reference to a section "of this act", when used in connection 20 with that particular component, shall be deemed to mean and refer to the 21 corresponding section of the Subpart in which it is found. Section three 22 of this Part sets forth the general effective date of this Part. 23 SUBPART A 24 Section 1. Paragraph (c) of subdivision 2 of section 1 of part A of 25 chapter 85 of the laws of 2017, relating to creating the Lake Ontario- 26 St. Lawrence Seaway flood recovery and International Joint Commission 27 Plan 2014 mitigation grant program, as amended by section 2 of part J of 28 chapter 61 of the laws of 2017, is amended to read as follows: 29 (c) The New York state urban development corporation shall administer 30 this grant program, which shall not exceed in the aggregate $15,000,000 31 plus any funds directed from the programs authorized in subdivisions 3 32 and 4 of this section. Such corporation and other relevant state agen- 33 cies and state authorities are hereby empowered to establish grant 34 guidelines and additional eligibility criteria as deemed necessary to 35 effectuate the administration of this program. Any grant guidelines and 36 eligibility criteria established by the corporation pursuant to this 37 subdivision shall be equivalent to, and shall not be more restrictive 38 than, those established by the New York State Urban Development Corpo- 39 ration, doing business as the Empire State Development Corporation, in 40 the grant programs it administered pursuant to part H of chapter 56 of 41 the laws of 2011. In providing assistance pursuant to this subdivision, 42 the New York state urban development corporation shall give preference 43 to applicants that demonstrate the greatest need, based on available 44 flood damage data provided by applicable state and/or federal agencies. 45 § 2. Paragraph (c) of subdivision 3 of section 1 of part A of chapter 46 85 of the laws of 2017, relating to creating the Lake Ontario-St. 47 Lawrence Seaway flood recovery and International Joint Commission Plan 48 2014 mitigation grant program, as amended by section 2 of part J of 49 chapter 61 of the laws of 2017, is amended to read as follows: 50 (c) The affordable housing corporation shall administer this grant 51 program, which shall not exceed in the aggregate [$15,000,000] 52 $90,000,000 plus any funds directed from the programs authorized inS. 7506--A 97 1 subdivisions 2 and 4 of this section. Such corporation and other rele- 2 vant state agency or state authorities are hereby empowered to establish 3 grant guidelines and additional eligibility criteria as deemed necessary 4 to effectuate the administration of this program. Any grant guidelines 5 and eligibility criteria established by the corporation pursuant to this 6 subdivision shall be equivalent to, and shall not be more restrictive 7 than, those established by the New York State Urban Development Corpo- 8 ration, doing business as the Empire State Development Corporation, in 9 the grant programs it administered pursuant to part H of chapter 56 of 10 the laws of 2011. In providing assistance pursuant to this subdivision, 11 the affordable housing corporation shall give preference to applicants 12 that demonstrate the greatest need, based on available flood damage data 13 provided by applicable state and/or federal agencies. 14 § 3. Paragraph (c) of subdivision 4 of section 1 of part A of chapter 15 85 of the laws of 2017, relating to creating the Lake Ontario-St. 16 Lawrence Seaway flood recovery and International Joint Commission Plan 17 2014 mitigation grant program, as amended by section 2 of part J of 18 chapter 61 of the laws of 2017, is amended to read as follows: 19 (c) The housing trust fund corporation shall administer this grant 20 program, which shall not exceed in the aggregate $15,000,000 plus any 21 funds directed from the programs authorized in subdivisions 2 and 3 of 22 this section. Such corporation, and other relevant state agencies or 23 state authorities, is hereby empowered to establish grant guidelines and 24 additional eligibility criteria, based on available flood damage data 25 provided by applicable state and/or federal agencies, as it deems neces- 26 sary to effectuate the administration of this program. Any grant guide- 27 lines and eligibility criteria established by the corporation pursuant 28 to this subdivision shall be equivalent to, and shall not be more 29 restrictive than, those established by the New York State Urban Develop- 30 ment Corporation, doing business as the Empire State Development Corpo- 31 ration, in the grant programs it administered pursuant to part H of 32 chapter 56 of the laws of 2011. In providing assistance pursuant to 33 this subdivision, the corporation shall give preference to applicants 34 that demonstrate the greatest need, based on available flood damage data 35 provided by applicable state and/or federal agencies. 36 § 4. This act shall take effect immediately. 37 SUBPART B 38 Section 1. Paragraph (b) of subdivision 3 of section 1 of part A of 39 chapter 85 of the laws of 2017, relating to creating the Lake Ontario- 40 St. Lawrence Seaway flood recovery and International Joint Commission 41 Plan 2014 mitigation grant program, as amended by section 2 of part J of 42 chapter 61 of the laws of 2017, is amended to read as follows: 43 (b) Such grant shall be in an amount of no more than $50,000 and shall 44 be used for flood-related repairs and restoration to structures, docks, 45 equipment, and for other flood-related costs, all of which were not 46 covered by any other federal, state or local recovery program or any 47 third-party payors. 48 § 2. This act shall take effect immediately. 49 SUBPART C 50 Section 1. Section 6 of the military law is amended by adding a new 51 subdivision 3 to read as follows:S. 7506--A 98 1 3. Upon the request of the sheriff of an impacted county, or upon the 2 request of any county legislature or county board of supervisors in any 3 impacted county, or upon the request of a mayor of any city or village 4 in any impacted county, or upon the request of a supervisor of any town 5 in any impacted county, the governor may order into the active service 6 of the state, for such period, to such extent and in such manner as he 7 may deem necessary, all or any part of the organized militia, in accord- 8 ance with the provisions and purposes of the Lake Ontario-St. Lawrence 9 River Flood Prevention, Response and Recovery Program as set forth in 10 article five of this chapter. The compensation of all officers and 11 enlisted men, while on duty or assembled pursuant to this subdivision, 12 and all expenses incurred in connection with such duty or as a result 13 thereof shall be paid in the manner prescribed by section two hundred 14 twelve-a of this chapter. For purposes of this section, the term 15 "impacted county" shall mean Niagara County, Orleans County, Monroe 16 County, Wayne County, Cayuga County, Onondaga County, Oswego County, 17 Jefferson County, St. Lawrence County, and/or Franklin County, if and 18 when such county or counties have sustained an impact due to flooding 19 caused at least in part by the rising levels of Lake Ontario or the St. 20 Lawrence River, or their adjoining waterways. 21 § 2. The military law is amended by adding a new article 5 to read as 22 follows: 23 ARTICLE V 24 LAKE ONTARIO-ST. LAWRENCE RIVER FLOOD PREVENTION, RESPONSE 25 AND RECOVERY PROGRAM 26 Section 100. Lake Ontario-St. Lawrence River Flood Prevention, Response 27 and Recovery Program 28 § 100. Lake Ontario-St. Lawrence River Flood Prevention, Response and 29 Recovery Program. There is hereby established within the division, under 30 the command, control and direction of the adjutant general, a Lake 31 Ontario-St. Lawrence River Flood Prevention, Response and Recovery 32 Program. It shall be the purpose of this program to provide flood 33 prevention, response and recovery services to the persons, homeowners, 34 business owners, employees and localities of an impacted county, in the 35 event of flooding caused at least in part by the rising levels or Lake 36 Ontario or the St. Lawrence River, or their adjoining waterways. For 37 purposes of this section, the term "impacted county" shall mean Niagara 38 County, Orleans County, Monroe County, Wayne County, Cayuga County, 39 Onondaga County, Oswego County, Jefferson County, St. Lawrence County, 40 and/or Franklin County, if and when such county or counties have 41 sustained an impact due to flooding caused at least in part by the 42 rising levels of Lake Ontario or the St. Lawrence River, or their 43 adjoining waterways. 44 1. In accordance with a call by the governor pursuant to subdivision 45 three of section six of this chapter, the adjutant general shall respond 46 to a request for, and shall provide, flood prevention, response and 47 recovery services in any impacted county. Such services shall include: 48 a. Prevention services. The adjutant general shall direct the perform- 49 ance of any services that would assist in the prevention or mitigation 50 of the impact of flooding caused at least in part by the rising levels 51 of Lake Ontario or the St. Lawrence River, or their adjoining waterways. 52 Such services shall include, but not be limited to: 53 (i) Providing personnel, material and logistical support in deploying 54 measures to prevent or mitigate any effects of flooding, including but 55 not limited to, the procurement, filing and placement of sand bags; 56 procurement and deployment of flood booms; and the construction andS. 7506--A 99 1 placement of levies, seawalls, flood barriers, water diversion channels, 2 or other emergency or permanent flood arresting, controlling or 3 protection measures; 4 (ii) The development, in consultation with the state department of 5 environmental conservation, the state division of homeland security and 6 emergency services, the division of state police, and all the local 7 governments of Niagara County, Orleans County, Monroe County, Wayne 8 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 9 St. Lawrence County, and Franklin County, of a Lake/River Flooding 10 Prevention Action Plan, that identifies potential flooding hazards and 11 conditions and makes recommendations concerning actions that will 12 prevent and/or mitigate such hazards and effectively execute such 13 prevention plan; and 14 (iii) Such other and further prevention services as the adjutant 15 general, in consultation with the local governments of Niagara, Orleans, 16 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 17 Franklin Counties may deem necessary, effective, prudent and/or expedi- 18 ent to effectively accomplish the purposes of this program and provide 19 meaningful prevention services. 20 b. Response services. The adjutant general shall direct the perform- 21 ance of any services that would assist in the response to flooding 22 caused at least in part by the rising levels of Lake Ontario or the St. 23 Lawrence River, or their adjoining waterways. Such services shall 24 include, but not be limited to: 25 (i) Providing personnel, material and logistical support in deploying 26 measures to immediately respond to any effects of flooding, including 27 but not limited to, the procurement, filing and placement of sand bags; 28 procurement and deployment of flood booms; the construction and place- 29 ment of levies, seawalls, flood barriers, water diversion channels, or 30 other emergency flood arresting or controlling measures; and the 31 provision of rescue, support and emergency relief services for those 32 persons in an impacted county whose home, business, life or property are 33 endangered by flooding; 34 (ii) The development, in consultation with the state department of 35 environmental conservation, the state division of homeland security and 36 emergency services, the division of state police, and all the local 37 governments of Niagara County, Orleans County, Monroe County, Wayne 38 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 39 St. Lawrence County, and Franklin County, of a Lake/River Flooding 40 Response Action Plan, that identifies potential required responses and 41 makes recommendations concerning action steps to effectively execute 42 such response plan; and 43 (iii) Such other and further response services as the adjutant gener- 44 al, in consultation with the local governments of Niagara, Orleans, 45 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 46 Franklin Counties may deem necessary, effective, prudent and/or expedi- 47 ent to effectively accomplish the purposes of this program and provide 48 meaningful response services. 49 c. Recovery services. The adjutant general shall direct the perform- 50 ance of any services that would assist in the recovery from the impact 51 of flooding caused at least in part by the rising levels of Lake Ontario 52 or the St. Lawrence River, or their adjoining waterways. Such services 53 shall include, but not be limited to: 54 (i) Providing personnel, material and logistical support in deploying 55 measures to immediately assist persons, businesses and localities to 56 recover from any adverse effects of flooding, including but not limitedS. 7506--A 100 1 to, the construction or reconstruction of infrastructure, transportation 2 systems, levies, seawalls, flood barriers, water diversion channels, or 3 other flood arresting or controlling measures; and the provision of 4 recovery, support and relief services for those persons in an impacted 5 county whose home, business, life or property are endangered by flood- 6 ing, and the stabilization and mitigation of damage caused by such 7 flooding; 8 (ii) The development, in consultation with the state department of 9 environmental conservation, the state division of homeland security and 10 emergency services, the division of state police, and all the local 11 governments of Niagara County, Orleans County, Monroe County, Wayne 12 County, Cayuga County, Onondaga County, Oswego County, Jefferson County, 13 St. Lawrence County, and Franklin County, of a Lake/River Flooding 14 Recovery Action Plan, that identifies potential required recovery meas- 15 ures and makes recommendations concerning actions to effectively execute 16 such recovery plan; and 17 (iii) Such other and further recovery services as the adjutant gener- 18 al, in consultation with the local governments of Niagara, Orleans, 19 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 20 Franklin Counties may deem necessary, effective, prudent and/or expedi- 21 ent to effectively accomplish the purposes of this program and provide 22 meaningful recovery services. 23 2. In executing the provision of flood prevention, response and recov- 24 ery services under this program, the adjutant general may call upon 25 assistance from any department, agency, division, office, commission or 26 public authority in the state government, and shall further coordinate 27 such services with all local governments within the impacted county 28 receiving such services. The adjutant, in his discretion and judgment, 29 may also invite the participation of federal or out of state entities to 30 assist him in accomplishing the purposes of this program, including but 31 not limited to, the army corps of engineers, the United States depart- 32 ment of homeland security, the United States department of state, the 33 United States department of defense, or any of its component commands 34 thereof, and any such other federal or out of state entities as he or 35 she may deem necessary, effective, prudent and/or expedient. 36 3. The adjutant general may make requests for financing support for 37 any of the construction projects performed in accordance with the 38 program established by this section from the New York state urban devel- 39 opment corporation. The principal and interest for any bonds or notes 40 issued for such financing by the New York state urban development corpo- 41 ration shall be paid from the state operations special emergency appro- 42 priation through a transfer by the governor to the general, special 43 revenue, capital projects, proprietary or fiduciary funds to meet unan- 44 ticipated emergencies pursuant to section fifty-three of the state 45 finance law. 46 § 3. The military law is amended by adding a new section 212-a to read 47 as follows: 48 § 212-a. Pay of troops when used for the Lake Ontario-St. Lawrence 49 River Flood Prevention, Response and Recovery Program. All officers and 50 enlisted men while on duty, or assembled therefor, by order of the 51 governor, upon a request made in accordance with subdivision three of 52 section six of this chapter, shall receive the pay set forth in subdivi- 53 sion one of section two hundred ten of this article. One hundred percent 54 of such compensation and expenses incurred in connection with such duty 55 or as a result thereof including quartering, caring for, transporting 56 and subsisting the troops, and other expenses including the expenseS. 7506--A 101 1 incurred for pay, care, and subsistence of officers and enlisted men 2 temporarily disabled in the line of duty, while on such duty, as set 3 forth in section two hundred sixteen of this article, shall be paid by 4 the state. 5 § 4. This act shall take effect immediately. 6 SUBPART D 7 Section 1. Section 2 of section 1 of chapter 174 of the laws of 1968, 8 constituting the New York state urban development corporation act is 9 amended by adding a new fifth undesignated paragraph to read as follows: 10 It is further found and declared that there continues to exist an 11 ongoing and repeated threat of flooding and flood related damage along 12 the shoreline of Lake Ontario and the St. Lawrence River. This condition 13 is contrary to the public interest and threatens the safety, security, 14 health, welfare, well-being and repose of the people of the localities 15 adjoining the shoreline as well as the people of the entire state. The 16 ordinary operations of public and private funding, as well as the 17 support of private enterprise, has proven inadequate to provide suffi- 18 cient prevention against, response to and recovery from this flooding, 19 and cannot support and provide the infrastructure projects that are 20 necessary to achieve the level of prevention, response and recovery that 21 the state's residents deserve, need and expect, and that the state 22 requires. It is further declared to be the policy of the state to 23 provide a means and mechanism to support and provide the adequate 24 infrastructure that is necessary to achieve this level of prevention, 25 response and recovery that the state's residents deserve, need and 26 expect, and that the state requires. 27 § 2. The opening paragraph of subdivision 6 of section 3 of section 1 28 of chapter 174 of the laws of 1968, constituting the New York state 29 urban development corporation act, as amended by chapter 603 of the laws 30 of 2003, is amended and a new paragraph (i) is added to read as follows: 31 (6) PROJECT: A specific work or improvement including lands, build- 32 ings, improvements, real and personal properties or any interest there- 33 in, acquired, owned, constructed, reconstructed, rehabilitated or 34 improved by the corporation or any subsidiary thereof, whether or not 35 still owned or financed by the corporation or any subsidiary thereof, 36 including a residential project, an industrial project, a land use 37 improvement project, a civic project, an industrial effectiveness 38 project, a small and medium-sized business assistance project, a fruit 39 growing, fruit processing, or winery business project, a school safety 40 infrastructure project or an economic development project, all as 41 defined herein, or any combination thereof, which combination shall 42 hereinafter be called and known as a "multi-purpose project". The term 43 "project" as used herein shall include projects, or any portion of a 44 project. 45 (i) "flooding prevention, response and recovery infrastructure 46 project". A project or that portion of a multi-purpose project designed 47 and intended for the purpose of bolstering and improving infrastructure, 48 in order to provide sufficient prevention against, response to and 49 recovery from flooding events, or effects therefrom, and such other and 50 further infrastructure and facilities as may be incidental or appurten- 51 ant thereto. 52 § 3. The opening paragraph of section 18 of section 1 of chapter 174 53 of the laws of 1968, constituting the New York state urban developmentS. 7506--A 102 1 corporation act, as amended by chapter 839 of the laws of 1987, is 2 amended to read as follows: 3 The corporation shall not issue bonds and notes in an aggregate prin- 4 cipal amount exceeding one billion two hundred ninety-five million 5 dollars, excluding (1) bonds and notes issued to refund or otherwise 6 repay outstanding bonds and notes of the corporation or of the New York 7 state project finance agency, (2) notes issued by the corporation to 8 evidence eligible loans made to the corporation pursuant to the New York 9 state project finance agency act, [and] (3) bonds and notes issued by 10 the corporation to perform a flooding prevention, response and recovery 11 infrastructure project in accordance with paragraph (i) of subdivision 12 (6) of section three of this act, and (4) bonds and notes issued with 13 the approval of the state director of the budget and the New York state 14 public authorities control board which are secured by and payable solely 15 out of a specific project, other than a residential project, undertaken 16 by the corporation subsequent to June first, nineteen hundred seventy- 17 seven, and the revenues and receipts derived therefrom, without recourse 18 against other assets of the corporation or against a debt service 19 reserve fund to which state funds are apportionable pursuant to subdivi- 20 sion three of section twenty of this act, provided that the corporation 21 shall not issue bonds or notes pursuant to this clause [(3)] if (a) (i) 22 the arrangements under which the project is undertaken do not provide 23 for annual real property taxes, or payments in lieu of real property 24 taxes, on the real property included in the project securing such bonds 25 or notes which together at least equal the average annual real property 26 taxes which were paid with respect to such real property for three years 27 prior to the acquisition of such project or any portion thereof by the 28 corporation or a subsidiary thereof, and (ii) after a public hearing, 29 the local legislative body of the city, town or village in which such 30 project is to be located has not consented to such arrangements, 31 provided, however, that in a city having a population of one million or 32 more such consent shall be given by the board of estimate of such city, 33 or (b) the aggregate principal amount of any such bonds and notes is 34 less than twice the amount of any moneys appropriated by the state and 35 made available by the corporation to the project securing such bonds and 36 notes, or (c) the aggregate principal amount of the bonds and notes 37 issued pursuant to this clause [(3)] will thereby exceed three hundred 38 seventy-nine million dollars, excluding bonds and notes issued to refund 39 or otherwise repay outstanding bonds and notes issued pursuant to this 40 clause [(3)], provided, however, that the corporation may provide for a 41 pooled financing arrangement with regard to bonds issued for the 42 purposes of financing the construction of the Center for Computers, 43 Microelectronics and Telecommunications at Columbia University, the 44 Center for Science and Technology at Syracuse University, the Cornell 45 Super Computer Center at Cornell University, the Onondaga County Conven- 46 tion Center Complex, the Center for Advanced Materials Processing at 47 Clarkson University, the Center for Electro-Optic Imaging at University 48 of Rochester, the Center for Neural Science at New York University, the 49 Alfred University Incubator Facilities in Allegany County and Steuben 50 County, the Broadway Redevelopment Project, and the Sematech Semiconduc- 51 tor facility, and, that the aggregate amount of bonds which may be 52 issued pursuant to this clause [(3)] shall be increased above the 53 amounts in the following schedule for the purposes of providing for the 54 costs of issuance including any debt service reserve requirements that 55 may be necessary in accordance with the following schedule:S. 7506--A 103 1 § 4. The state finance law is amended by adding a new article 17 to 2 read as follows: 3 ARTICLE 17 4 FINANCING OF SPECIAL INFRASTRUCTURE PROJECTS RELATED TO 5 FLOODING 6 Section 250. Infrastructure projects financed by the urban development 7 corporation in accordance with the Lake Ontario-St. 8 Lawrence River flood prevention, response and recovery 9 program. 10 § 250. Infrastructure projects financed by the urban development 11 corporation in accordance with the Lake Ontario-St. Lawrence River 12 flood prevention, response and recovery program. Principal and interest 13 debt service on bonds or notes issued by the urban development corpo- 14 ration in accordance with a flooding prevention, response and recovery 15 infrastructure project performed pursuant to with paragraph (i) of 16 subdivision six of section three of the New York state urban development 17 corporation act, shall be paid from the state operations special emer- 18 gency appropriation through a transfer by the governor to the general, 19 special revenue, capital projects, proprietary or fiduciary funds to 20 meet unanticipated emergencies pursuant to section fifty-three of this 21 chapter. 22 § 5. This act shall take effect immediately. 23 SUBPART E 24 Section 1. The environmental conservation law is amended by adding a 25 new article 74 to read as follows: 26 ARTICLE 74 27 TITLE 2 28 NEW YORK STATE LAKE ONTARIO - ST. LAWRENCE RIVER FLOOD 29 PREVENTION, RESPONSE, RECOVERY AND MITIGATION TASK FORCE 30 Section 74-0101. Flood prevention, response, recovery and mitigation 31 task force. 32 74-0103. Definitions. 33 74-0105. Task force composition. 34 74-0107. Task force duties. 35 § 74-0101. Flood prevention, response, recovery and mitigation task 36 force. 37 The New York state Lake Ontario-St. Lawrence River flood prevention, 38 response, recovery and mitigation task force, referred to in this arti- 39 cle as the task force, is hereby established to determine what measures 40 should be taken to enhance flood prevention, recovery, response, manage- 41 ment and mitigation in and along the shoreline and adjoining waterways 42 of Lake Ontario and the St. Lawrence River, and to develop recommenda- 43 tions to accomplish such goal. 44 § 74-0103. Definitions. 45 When used in this article: 46 1. "Adaptive measures" means any adjustment, whether passive, reactive 47 or anticipatory, that may be taken to ameliorate the anticipated adverse 48 consequences associated with flood events. 49 2. "Flood control study sector" means a particular aspect of the 50 natural or built environment, economy, or society that could potentially 51 be adversely impacted by flood events. Such term includes, but is not 52 limited to, lake, stream and river banks, locks and dams, wetlands and 53 waterfront areas, water resources, transportation infrastructure, waterS. 7506--A 104 1 supply and wastewater infrastructure, human health, recreation, tourism, 2 power generation and business, residential, farm and municipal sectors. 3 3. "Flood event" means an overflow or inundation that comes from a 4 lake, river or other body of water, whether caused by rainfall, waterway 5 operation, dam operation, waterflow management, dam break, water runoff 6 or other means, and causes or threatens damage. 7 4. "Lake Ontario" and "St. Lawrence River" shall mean the lake, river 8 shoreline, lands and infrastructure of Lake Ontario and the St. Lawrence 9 River, or its adjoining or affected communities of Niagara, Orleans, 10 Monroe, Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and 11 Franklin Counties. 12 § 74-0105. Task force composition. 13 1. The task force shall consist of thirteen members; eight of whom 14 shall be the adjutant general of the state division of military and 15 naval affairs, the commissioner of the division of homeland security and 16 emergency services, the commissioner of the department of environmental 17 conservation, the secretary of state, the commissioner of transporta- 18 tion, the commissioner of the department of parks, recreation and 19 historic preservation, the commissioner of the department of agriculture 20 and markets and the chairman of the state economic development office or 21 designee; and five additional members who shall be from outside the 22 public offices listed in this section and one of each of whom shall be a 23 hydrologist, civil engineer, climatologist, county emergency manager and 24 soil and water conservation professional. The governor shall appoint 25 three of the five additional members and the temporary president of the 26 senate and speaker of the assembly shall each appoint one of each of the 27 five additional members. 28 2. The task force shall appoint a chairperson from among its members. 29 3. The members of the task force shall receive no compensation for 30 their services, but shall be allowed their actual and necessary expenses 31 incurred in the performance of their duties. 32 4. The task force shall consult with each of the emergency management 33 officers, or appropriate county officer, from Niagara, Orleans, Monroe, 34 Wayne, Cayuga, Onondaga, Oswego, Jefferson, St. Lawrence, and Franklin 35 counties, and each said officer shall provide to the task force a docu- 36 ment listing their concerns and recommendations related to flooding 37 along Lake Ontario and/or the St. Lawrence River. The task force shall 38 consider such concerns and recommendations in its deliberations and in 39 the formulation of its determinations and recommendations. 40 5. The task force shall meet at least six times over an eighteen month 41 period at the call of the chairperson. 42 § 74-0107. Task force duties. 43 The role of the task force includes, but is not limited to: 44 1. Conducting an in-depth examination of flood prevention, response 45 and recovery issues, and flood control study sectors and issues, related 46 to flood prevention, response and recovery, water management, flood 47 control and flood mitigation in and along the shoreline and adjoining 48 waterways of Lake Ontario and the St. Lawrence River, including: 49 (a) Adaptive measures that can be taken to effectuate flood 50 prevention, response and recovery programs, and mitigate flood damages, 51 including but not limited to feasible flood prevention, response and 52 recovery measures, flood management activities, wetland restoration, 53 flood control infrastructure, communication systems and related public 54 safety and flood control structures and associated costs; 55 (b) Evaluation which should include impacts on agriculture, transpor- 56 tation, land use, health, insurance and economic sectors such as ship-S. 7506--A 105 1 ping, fisheries, power generation, tourism, and recreation. Impacts on 2 infrastructure, including bridges, low-lying roads, dams, locks, cause- 3 ways, water and wastewater treatment plants and docks shall be included 4 in the evaluation; and 5 (c) Evaluation of Lake Ontario and St. Lawrence River operation and 6 management, and plans or agreements or treaties which may have a direct 7 or indirect impact on flood control, prevention, response, recovery or 8 mitigation and flood management including, but not limited to, debris 9 management, communication, and water management and water level manipu- 10 lation. 11 2. Evaluating and assessing of any flood prevention, response and 12 recovery measures, flood control or flood mitigation measures, or water 13 management procedures, agreements or treaties, identified in terms of 14 feasibility, economic and public health impacts, and effectiveness, as 15 well as identifying impediments to implementing effective flood 16 prevention, response and recovery, flood control and flood mitigation 17 measures, and where possible, actions that could be taken to resolve 18 flooding issues. 19 3. Arranging through the department and the division of military and 20 naval affairs, for the provision of such facilities, assistance and data 21 as will enable the task force to carry out its powers and duties. Addi- 22 tionally, all other agencies of the state or subdivisions thereof shall, 23 at the request of the chair provide the task force with such facilities, 24 assistance, and data as will enable the task force to carry out its 25 powers and duties. 26 § 2. Report to the governor and legislature. 1. Within 18 months of 27 the effective date of this act, the New York state flood prevention, 28 response, recovery and mitigation task force shall issue a draft report, 29 which shall be submitted to the governor, the temporary president of the 30 senate, and the speaker of the assembly assessing flood mitigation and 31 control in New York state with particular focus on Lake Ontario and the 32 St. Lawrence River; including, but not limited to, recommendations on 33 how such impacts should be addressed. At least three public hearings 34 shall be held by the task force to provide the public with the opportu- 35 nity to comment on the report. Notice of such hearings shall be provided 36 on the department of environmental conservation website, and in the 37 environmental notice bulletin. 38 2. Within 90 days of the date of the last public hearing, the New York 39 state flood prevention, response, recovery and mitigation task force 40 shall submit a final report to the governor, the temporary president of 41 the senate, and the speaker of the assembly. Copies of such report shall 42 also be made available to the public and posted on the websites of the 43 department of environmental conservation and the division of naval and 44 military affairs. 45 § 3. This act shall take effect immediately and shall expire and be 46 deemed repealed one hundred twenty days after the New York state flood 47 prevention, response, recovery and mitigation task force has submitted 48 its final, completed report. 49 § 2. Severability. If any clause, sentence, paragraph, subdivision, 50 section, subpart or part of this act shall be adjudged by any court of 51 competent jurisdiction to be invalid, such judgment shall not affect, 52 impair, or invalidate the remainder thereof, but shall be confined in 53 its operation to the clause, sentence, paragraph, subdivision, section, 54 subpart or part thereof directly involved in the controversy in which 55 such judgment shall have been rendered. It is hereby declared to be theS. 7506--A 106 1 intent of the legislature that this act would have been enacted even if 2 such invalid provisions had not been included herein. 3 § 3. This act shall take effect immediately; provided, however, that 4 the applicable effective date of Subparts A through E of this Part shall 5 be as specifically set forth in the last section of such Subparts. 6 PART P 7 Section 1. Subdivision 11 of section 6305 of the education law is 8 REPEALED. 9 § 2. This act shall take effect immediately. 10 PART Q 11 Section 1. The state finance law is amended by adding a new section 12 99-bb to read as follows: 13 § 99-bb. SUNY Stony Brook Eastern Long Island hospital affiliation 14 escrow fund. 1. Notwithstanding any other provision of law, rule, regu- 15 lation, or practice to the contrary, there is hereby established in the 16 joint custody of the comptroller and the chancellor of the state univer- 17 sity of New York (SUNY) a trust and agency fund, to be known as the 18 "SUNY Stony Brook Eastern Long Island hospital affiliation escrow fund" 19 which shall be available without fiscal year limitation. 20 2. The SUNY Stony Brook Eastern Long Island hospital affiliation 21 escrow fund shall consist of: (a) all monies generated through the 22 activities of Stony Brook at Eastern Long Island hospital, including but 23 not limited to patient revenue, federal reimbursement, and other associ- 24 ated revenue sources; (b) rent payments made by Stony Brook University 25 hospital to the Eastern Long Island hospital association under a certain 26 lease agreement approved by the director of the budget, the office of 27 the New York state attorney general and the office of the New York state 28 comptroller; and (c) to the extent permitted under the lease agreement 29 referred to in paragraph (b) of this subdivision, working capital 30 advances and capital acquisition advances made by Stony Brook University 31 hospital to the Eastern Long Island hospital association. 32 § 2. This act shall take effect immediately. 33 PART R 34 Section 1. Paragraphs a and d of subdivision 1 and subdivisions 4, 5 35 and 6 of section 667-d of the education law, as added by section 1 of 36 part III of chapter 59 of the laws of 2017, are amended to read as 37 follows: 38 a. Establishment. Enhanced tuition awards are available for students 39 who are enrolled in approved programs in private [not-for-profit] degree 40 granting institutions of higher education except those institutions set 41 forth in paragraph b of subdivision four of section six hundred sixty- 42 one of this part and who demonstrate the ability to complete such cours- 43 es, in accordance with standards established by the commissioner; 44 provided, that, no award shall exceed one hundred percent of the amount 45 of tuition charged. 46 d. Credit requirements. An award shall be made to an applicant who: 47 (i) if enrolled in (A) a private degree granting institution of higher 48 education prior to application, has completed at least thirty combined 49 credits per year following the student's start date, or its equivalent, 50 applicable to his or her program or programs of study or (B) a publicS. 7506--A 107 1 degree granting institution of higher education prior to application, 2 has completed at least thirty combined credits per year following the 3 student's start date, or its equivalent, applicable to his or her 4 program or programs of study and which were accepted upon transfer to a 5 private degree granting institution of higher education; (ii) enrolls in 6 at least twelve credits per semester and completes at least thirty 7 combined credits per year following the student's start date, or its 8 equivalent, applicable to his or her program or programs of study except 9 in limited circumstances as prescribed by the corporation in regulation. 10 Notwithstanding, in the student's last semester, the student may take at 11 least one course needed to meet his or her graduation requirements and 12 enroll in and complete at least twelve credit hours or its equivalent. 13 For students who are disabled as defined by the Americans With Disabili- 14 ties Act of 1990, 42 USC 12101, the corporation shall prescribe rules 15 and regulations that allow applicants who are disabled to be eligible 16 for an award pursuant to this section based on modified criteria. 17 4. Amount. Within the amounts appropriated therefor and based on 18 availability of funds, awards shall be granted beginning with the two 19 thousand seventeen--two thousand eighteen academic year and thereafter 20 to applicants that the corporation has determined are eligible to 21 receive such awards. The amount of the award under this program shall be 22 such that the sum of the award plus a student's tuition assistance 23 program award pursuant to section six hundred sixty-seven of this 24 subpart plus the institution's matching award pursuant to subdivision 25 five of this section shall equal six thousand dollars. Any institution 26 that has lowered its tuition by more than fifteen percent over the last 27 five years shall be exempt from having to provide such match until two 28 thousand twenty-six and provided that such amount of award shall be 29 adjusted as if such match had been provided. 30 5. Matching awards. Commencing with the two thousand seventeen--two 31 thousand eighteen academic year and thereafter, participating insti- 32 tutions shall credit each recipient's remaining tuition expenses in an 33 amount equal to the recipient's award under this section. [Such credit34shall be applied after the recipient has received an institutional aid35package, if any, to ensure that this program does not reduce institu-36tional aid that would otherwise be granted.] Any institution that has 37 lowered its tuition by more than fifteen percent over the last five 38 years shall be exempt from having to provide such match until two thou- 39 sand twenty-six. 40 6. Tuition. The rate of tuition charged to an individual receiving an 41 award shall not be increased for the duration of time that such individ- 42 ual receives an award. Provided, that beginning with the two thousand 43 eighteen--two thousand nineteen freshman class tuition shall not be 44 increased by more than the five-year rolling average of the higher 45 education price index per year for enhanced tuition award recipients. 46 Provided, further however, that such requirement shall be waived for any 47 institution that has lowered its tuition by more than fifteen percent 48 over the last five years, provided that the tuition level charged by 49 such institution is not increased by more than three percent per year 50 over the next eight years. 51 § 2. This act shall take effect immediately. 52 PART S 53 Section 1. Section 6306 of the education law is amended by adding a 54 new subdivision 11 to read as follows:S. 7506--A 108 1 11. The state university of New York shall consult with the boards of 2 trustees of the state university of New York community colleges and 3 compile a report on compliance with subdivision ten of this section. 4 Such report shall be provided to the governor, the temporary president 5 of the senate, the speaker of the assembly, the chair of the senate 6 higher education committee and the chair of the assembly higher educa- 7 tion committee on or before January first, two thousand nineteen. 8 § 2. This act shall take effect immediately. 9 PART T 10 Section 1. Subdivision 1 of section 669-e of the education law, as 11 added by section 1 of part G of chapter 56 of the laws of 2014, is 12 amended to read as follows: 13 1. Undergraduate students who are matriculated in an approved under- 14 graduate program leading to a career in science, technology, engineering 15 or mathematics at a New York state [public institution of higher educa-16tion] college as defined in subdivision two of section six hundred one 17 of this title shall be eligible for an award under this section, 18 provided the applicant: (a) graduates from a high school located in New 19 York state during or after the two thousand thirteen--fourteen school 20 year; and (b) graduates within the top ten percent of his or her high 21 school class; and (c) enrolls in full-time study each term beginning in 22 the fall term after his or her high school graduation in an approved 23 undergraduate program in science, technology, engineering or mathemat- 24 ics, as defined by the corporation, at a New York state [public institu-25tion of higher education] college as defined in subdivision two of 26 section six hundred one of this title; and (d) signs a contract with the 27 corporation agreeing that his or her award will be converted to a 28 student loan in the event the student fails to comply with the terms of 29 this program as set forth in subdivision four of this section; and (e) 30 complies with the applicable provisions of this article and all require- 31 ments promulgated by the corporation for the administration of the 32 program. 33 § 2. This act shall take effect immediately. 34 PART U 35 Section 1. Clause (v) of subparagraph 4 of paragraph h of subdivision 36 2 of section 355 of the education law, as amended by section 1 of part 37 JJJ of chapter 59 of the laws of 2017, is amended to read as follows: 38 (v) Beginning in state fiscal year two thousand seventeen--two thou- 39 sand eighteen [and ending in state fiscal year two thousand twenty--two40thousand twenty-one] and thereafter, the state shall appropriate and 41 make available general fund operating support[, including] and fringe 42 benefits, for the state university and the state university health 43 science centers in an amount not less than the [amount] amounts sepa- 44 rately appropriated and made available in the prior state fiscal year; 45 provided, further, the state shall appropriate and make available gener- 46 al fund operating support to cover all mandatory costs of the state 47 university and the state university health science centers, which shall 48 include, but not be limited to, collective bargaining costs including 49 salary increments, fringe benefits, and other non-personal service costs 50 such as utility costs, building rentals and other inflationary expenses 51 incurred by the state university and the state university health science 52 centers, and any increase in the tuition credit pursuant to section sixS. 7506--A 109 1 hundred eighty-nine-a of this title as tuition increases are enacted by 2 the board of trustees of the state university; provided, however, that 3 if the governor declares a fiscal emergency, and communicates such emer- 4 gency to the temporary president of the senate and speaker of the assem- 5 bly, state support for operating expenses at the state university and 6 city university may be reduced in a manner proportionate to one another, 7 and the aforementioned provisions shall not apply; provided further, the 8 state shall appropriate and make available general fund support to fully 9 fund the tuition credit pursuant to subdivision two of section six 10 hundred sixty-nine-h of this title. 11 § 2. Subparagraph (v) of paragraph (a) of subdivision 7 of section 12 6206 of the education law, as amended by section 2 of part JJJ of chap- 13 ter 59 of the laws of 2017, is amended to read as follows: 14 (v) Beginning in state fiscal year two thousand seventeen--two thou- 15 sand eighteen and [ending in state fiscal year two thousand twenty--two16thousand twenty-one] thereafter, the state shall appropriate and make 17 available general fund operating support[, including] and fringe bene- 18 fits, for the city university in an amount not less than the [amount] 19 amounts separately appropriated and made available in the prior state 20 fiscal year; provided, further, the state shall appropriate and make 21 available general fund operating support to cover all mandatory costs of 22 the city university, which shall include, but not be limited to, collec- 23 tive bargaining costs, including salary increments, fringe benefits, and 24 other non-personal service costs such as utility costs, building rentals 25 and other inflationary expenses incurred by the city university, and any 26 increase in the tuition credit pursuant to section six hundred eighty- 27 nine-a of this chapter as tuition increases are enacted by the board of 28 trustees of the city university; provided, however, that if the governor 29 declares a fiscal emergency, and communicates such emergency to the 30 temporary president of the senate and speaker of the assembly, state 31 support for operating expenses at the state university and city univer- 32 sity may be reduced in a manner proportionate to one another, and the 33 aforementioned provisions shall not apply; provided further, the state 34 shall appropriate and make available general fund support to fully fund 35 the tuition credit pursuant to subdivision two of section six hundred 36 sixty-nine-h of this chapter. 37 § 3. This act shall take effect immediately provided that: 38 (a) the amendments to subparagraph 4 of paragraph h of subdivision 2 39 of section 355 of the education law made by section one of this act 40 shall not affect the expiration and reversion of such subparagraph 41 pursuant to chapter 260 of the laws of 2011, as amended, and shall 42 expire therewith; and 43 (b) the amendments to paragraph (a) of subdivision 7 of section 6206 44 of the education law made by section two of this act shall not affect 45 the expiration and reversion of such paragraph pursuant to chapter 260 46 of the laws of 2011, as amended, and shall expire therewith. 47 PART V 48 Section 1. Section 22-c of the state finance law is amended by adding 49 a new subdivision 7 to read as follows: 50 7. For the fiscal year beginning on April first, two thousand nineteen 51 and every fifth fiscal year thereafter, the governor shall submit to the 52 legislature as part of the annual executive budget, five-year capital 53 plans for the state university of New York state-operated campuses and 54 city university of New York senior colleges. Such plans shall provideS. 7506--A 110 1 for the annual appropriation of capital funds to cover one hundred 2 percent of the annual critical maintenance needs identified by each 3 university system, and may include funds for new infrastructure or other 4 major capital initiatives, provided that such funding for new infras- 5 tructure or other major capital initiatives shall not count towards 6 meeting the overall critical maintenance requirement. In the event that 7 such plan is unable to fund one hundred percent of the critical mainte- 8 nance needs due to the limitation imposed by article five-B of this 9 chapter, the director of the budget shall develop five-year capital 10 plans whereby the implementation of each capital plan would annually 11 reduce the overall facility condition index (FCI) for each university 12 system. For the purposes of this subdivision, "facility condition index" 13 shall mean an industry benchmark that measures the ratio of deferred 14 maintenance dollars to replacement dollars for the purposes of analyzing 15 the effect of investing in facility improvements. The apportionment of 16 capital appropriations to each state-operated campus or senior college 17 shall be based on a methodology to be developed by the director of the 18 budget, in consultation with the state university of New York and city 19 university of New York. 20 § 2. This act shall take effect immediately. 21 PART W 22 Section 1. Paragraph c of subdivision 2 and subdivisions 3, 4, 5 and 8 23 of section 652 of the education law, paragraph c of subdivision 2 as 24 added by chapter 202 of the laws of 1996, subdivisions 3 and 4 as 25 amended by chapter 339 of the laws of 2010, subdivision 5 as amended by 26 chapter 240 of the laws of 1986 and subdivision 8 as added by chapter 27 193 of the laws of 1989, are amended to read as follows: 28 c. To support the administration by the federal government, other 29 states, and institutions of post-secondary education of the federal 30 student aid programs established under Title IV of the Higher Education 31 Act of nineteen hundred sixty-five, as amended, or any successor 32 statute; and 33 d. To provide information requested by the legislature, including, but 34 not limited to, information on costs associated with policy proposals, 35 statistics and state budget proposals. 36 3. The corporation shall be governed and all of its corporate powers 37 exercised by a board of trustees which shall consist of fifteen members, 38 [nine] five of whom shall be appointed by the governor with the advice 39 and consent of the senate, two of whom shall be appointed by the tempo- 40 rary president of the senate, and two of whom shall be appointed by the 41 speaker of the assembly. The members not requiring the advice and 42 consent of the senate shall be the commissioner of education, the chan- 43 cellor of the state university, the chancellor of the city university of 44 the city of New York, the president of the organization representing the 45 majority of the non-profit degree granting colleges within the state, 46 and [three] two students. One such student shall be the president of the 47 student assembly of the state university of New York, and one such 48 student shall be the chair of the united student senate of city univer- 49 sity of New York[, and one such student shall be a student registered in50a full time course of study at a state university community college]. In 51 the event a student who shall be a member by reason of his or her office 52 in a student organization shall fail to qualify, the student who holds 53 the next highest office in the organization shall be the member of the 54 board.S. 7506--A 111 1 4. All members shall be at least eighteen years of age, citizens of 2 the United States and residents of the state. [The appointed members3shall consist of two representatives of banking institutions within the4state, two such members shall be the presidents of independent insti-5tutions of higher education within the state, one such member shall be a6president or chief executive officer of a school licensed or registered7pursuant to section five thousand one of this chapter, one such member8shall be a financial aid officer at a higher education institution in9New York, one such member shall be a president or chief executive offi-10cer of a degree granting proprietary college located within the state,11one such member shall be a student currently registered and in full time12attendance at a degree granting independent institution of higher educa-13tion in New York, and one shall be representative of the public.] The 14 appointed members shall consist of two representatives from the state 15 university of New York, two representatives from the city university of 16 New York, two representatives from non-profit degree granting colleges 17 within the state, one representative from a degree granting for-profit 18 college located within the state, and two representatives that are 19 financial aid officers, at higher education institutions within the 20 state. 21 5. The appointed members shall serve for terms of six years each and 22 shall be eligible for reappointment to successive terms; provided, 23 however, that the student [representative of the state university commu-24nity colleges] representatives shall serve for a term of one year. 25 a. Procedure and designation of appointments. On the effective date of 26 this paragraph, the governor shall appoint one representative from the 27 state university of New York, one representative from the city universi- 28 ty of New York, one representative from a non-profit degree granting 29 college within the state, one representative from a degree granting 30 for-profit college located within the state, and one representative that 31 is a financial aid officer at a higher education institution within the 32 state. The temporary president of the senate and the speaker of the 33 assembly shall appoint the four remaining board members. 34 b. Procedures when vacancies occur. Vacancies shall be filled in the 35 same manner as the original appointment and within the soonest time 36 practicable but under no circumstances shall a seat remain vacant due to 37 lack of appointment for more than twelve months. 38 8. The commissioner of education, the chancellor of the state univer- 39 sity and the chancellor of the city university, the president of the 40 organization representing the majority of the non-profit degree granting 41 colleges within the state each may, by official authority filed in his 42 or her respective department or university, and with the secretary of 43 the board, designate an officer of his or her respective department or 44 university to represent and exercise all the powers of such commissioner 45 or chancellor as the case may be at all meetings of the board from which 46 such commissioner or chancellor may be absent. 47 § 2. This act shall take effect immediately. 48 PART X 49 Section 1. Subdivisions 1 and 2 of section 669-h of the education law, 50 as added by section 1 of part HHH of chapter 59 of the laws of 2017, are 51 amended to read as follows: 52 1. Eligibility. An excelsior scholarship award shall be made to an 53 applicant who: (a) is matriculated in an approved program leading to an 54 undergraduate degree at a New York state public institution of higherS. 7506--A 112 1 education; (b) if enrolled in (i) a public institution of higher educa- 2 tion prior to application, has completed at least thirty combined cred- 3 its per year following the student's start date, or its equivalent, 4 applicable to his or her program or programs of study or (ii) an insti- 5 tution of higher education prior to application, has completed at least 6 thirty combined credits per year following the student's start date, or 7 its equivalent, applicable to his or her program or programs of study 8 and which were accepted upon transfer to a public institution of higher 9 education; (c) enrolls in at least twelve credits per semester and 10 completes at least thirty combined credits per year following the 11 student's start date, or its equivalent, applicable to his or her 12 program or programs of study except in limited circumstances as 13 prescribed by the corporation in regulation provided that such regu- 14 lation include provisions authorizing students enrolled in remedial 15 courses at New York state community colleges to qualify for an award, 16 under the following circumstances: (i) if a student is enrolled in two 17 remedial courses per semester, the credit requirement shall be nine 18 credits per semester; and (ii) if a student is enrolled in one remedial 19 course per semester, the credit requirement shall be twelve credits per 20 semester. Notwithstanding, in the student's last semester, the student 21 may take at least one course needed to meet his or her graduation 22 requirements and enroll in and complete at least twelve credit hours or 23 its equivalent. For students who are disabled as defined by the Ameri- 24 cans With Disabilities Act of 1990, 42 USC 12101, the corporation shall 25 prescribe rules and regulations that allow applicants who are disabled 26 to be eligible for an award pursuant to this section based on modified 27 criteria; (d) has an adjusted gross income, as defined in this subdivi- 28 sion, equal to or less than: (i) one hundred thousand dollars for recip- 29 ients receiving an award in the two thousand seventeen--two thousand 30 eighteen academic year; (ii) one hundred ten thousand dollars for recip- 31 ients receiving an award in the two thousand eighteen--two thousand 32 nineteen academic year; and (iii) one hundred twenty-five thousand 33 dollars for recipients receiving an award in the two thousand nineteen- 34 -two thousand twenty academic year and thereafter; and (e) complies with 35 the applicable provisions of this article and all requirements promul- 36 gated by the corporation for the administration of the program. Adjusted 37 gross income shall be the total of the combined adjusted gross income of 38 the applicant and the applicant's parents or the applicant and the 39 applicant's spouse, if married, as reported on the federal income tax 40 return, or as otherwise obtained by the corporation, for the calendar 41 year coinciding with the tax year established by the U.S. department of 42 education to qualify applicants for federal student financial aid 43 programs authorized by Title IV of the Higher Education Act of nineteen 44 hundred sixty-five, as amended, for the school year in which application 45 for assistance is made. 46 2. Amount. Within amounts appropriated therefor and based on avail- 47 ability of funds, awards shall be granted beginning with the two thou- 48 sand seventeen--two thousand eighteen academic year and thereafter to 49 applicants that the corporation has determined are eligible to receive 50 such awards. The corporation shall grant such awards in an amount up to 51 five thousand five hundred dollars or actual tuition, whichever is less; 52 provided, however, (a) a student who receives educational grants and/or 53 scholarships that cover the student's full cost of attendance shall not 54 be eligible for an award under this program; and (b) an award under this 55 program shall be applied to tuition after the application of payments 56 received under the tuition assistance program pursuant to section sixS. 7506--A 113 1 hundred sixty-seven of this subpart, tuition credits pursuant to section 2 six hundred eighty-nine-a of this article, federal Pell grant pursuant 3 to section one thousand seventy of title twenty of the United States 4 code, et. seq., and any other program that covers the cost of attend- 5 ance, and the award under this program shall be reduced in the amount 6 equal to such payments, provided that the combined benefits do not 7 exceed five thousand five hundred dollars. Upon notification of an award 8 under this program, the institution shall defer the amount of tuition. 9 Notwithstanding paragraphs (a) and (b) of this subdivision, a scholar- 10 ship shall not reduce the amount of an award under this program if such 11 scholarship is funded exclusively through private donations. Notwith- 12 standing paragraph h of subdivision two of section three hundred fifty- 13 five and paragraph (a) of subdivision seven of section six thousand two 14 hundred six of this chapter, and any other law, rule or regulation to 15 the contrary, the undergraduate tuition charged by the institution to 16 recipients of an award shall not exceed the tuition rate established by 17 the institution for the two thousand sixteen--two thousand seventeen 18 academic year provided, however, that in the two thousand twenty-one-- 19 two thousand twenty-two academic year and every four years thereafter, 20 the undergraduate tuition charged by the institution to recipients of an 21 award shall be reset to equal the tuition rate established by the insti- 22 tution for the forthcoming academic year, provided further that the 23 tuition credit calculated pursuant to section six hundred eighty-nine-a 24 of this article shall be applied toward the tuition rate charged for 25 recipients of an award under this program. Provided further that the 26 state university of New York and the city university of New York shall 27 provide an additional tuition credit to students receiving an award to 28 cover the remaining cost of tuition. 29 § 2. This act shall take effect immediately. 30 PART Y 31 Section 1. The education law is amended by adding a new section 301-a 32 to read as follows: 33 § 301-a. Commissioner of education; certain accreditation services. 34 The commissioner shall promulgate rules and regulations requiring the 35 department to provide accreditation services to institutions of higher 36 education. 37 § 2. This act shall take effect immediately. 38 PART Z 39 Section 1. Subdivision 7 of section 6206 of the education law is 40 amended by adding a new paragraph (d) to read as follows: 41 (d) Notwithstanding the provisions of any other general, special or 42 local law, rule or regulation, the board of trustees shall promulgate 43 regulations to permit firefighters and fire officers employed by the New 44 York city fire department, who are enrolled in programs leading to 45 baccalaureate or higher degrees at a senior college of the city univer- 46 sity to attend two courses without tuition, provided that such courses 47 are related to their employment as firefighters and fire officers and 48 that such tuition-waived attendance does not deny course attendance at a 49 senior college of the city university by an individual who is otherwise 50 qualified under this section. 51 § 2. This act shall take effect immediately and shall expire and be 52 deemed repealed July 1, 2020.S. 7506--A 114 1 PART AA 2 Section 1. The state finance law is amended by adding a new section 3 99-bb to read as follows: 4 § 99-bb. State university of New York hospital operations escrow fund. 5 1. Notwithstanding any other provision of law, rule, regulation, or 6 practice to the contrary, there is hereby established in the joint 7 custody of the comptroller and the chancellor of the state university of 8 New York (SUNY) a trust and agency fund, to be known as the "state 9 university of New York hospital operations escrow fund." Within the 10 account may be available up to two hundred eighty-one million three 11 hundred seventy-six thousand dollars per fiscal year. 12 2. Such fund may consist of monies generated through the activities of 13 the teaching hospitals at Downstate Medical, Upstate Medical, and Stony 14 Brook, including but not limited to patient revenue, federal reimburse- 15 ment, and other associated revenue sources. 16 § 2. This act shall take effect immediately. 17 PART BB 18 Section 1. The education law is amended by adding a new section 679-j 19 to read as follows: 20 § 679-j. The New York state teacher loan forgiveness program. 1. 21 Purpose. The president shall grant student loan forgiveness awards for 22 the purpose of increasing the number of teachers serving in the state. 23 2. Eligibility. To be eligible for an award pursuant to this subdivi- 24 sion, applicants shall (a) be certified as a teacher; (b) be employed 25 full time in this state in an elementary or secondary school; (c) comply 26 with subdivisions three and five of section six hundred sixty-one of 27 this part; (d) have an outstanding student loan debt; and (e) meet one 28 of the following criteria: 29 (i) teach in a shortage subject area; 30 (ii) teach in a hard to staff district; or 31 (iii) the applicant is economically disadvantaged, as defined by the 32 corporation. 33 3. Definitions. For the purposes of this section, the term "shortage 34 subject area" shall mean a curriculum subject matter or practice of 35 teaching where there is a shortage of teachers in New York state, as 36 designated by the department, and the term "hard to staff school 37 districts" shall mean school districts that have a shortage of teachers, 38 as designated by the department. 39 4. Priority. Such awards shall be made annually to applicants in the 40 following priority: 41 (a) First priority shall be given to applicants who have received 42 payment of an award pursuant to this section in a prior year and who, in 43 the year prior to application, are teachers in (i) a subject shortage 44 area, or (ii) a hard to staff school district; 45 (b) Second priority shall be given to applicants who have not received 46 payment of an award pursuant to this section in a prior year and who are 47 teachers in (i) a subject shortage area, or (ii) hard to staff school 48 district in the year prior to such application; and 49 (c) Third priority shall be given to applicants who are economically 50 disadvantaged as defined by the corporation. 51 5. Awards. The corporation shall grant awards pursuant to the amount 52 appropriated for such purpose and based on availability of funds in an 53 amount up to six thousand five hundred dollars to individuals who areS. 7506--A 115 1 employed full-time as teachers for the school year prior to such appli- 2 cation, provided that no recipient shall receive an award that exceeds 3 the total remaining balance of the student loan debt pursuant to this 4 section, in excess of thirty-two thousand five hundred dollars. 5 6. Rules and regulations. The corporation is authorized to promulgate 6 rules and regulations necessary for the implementation of the provisions 7 of this section. In the event that there are more applicants who have 8 the same priority, as provided in subdivision four of this section, than 9 there are remaining awards, the corporation shall provide in regulation 10 the method of distributing the remaining number of such awards, which 11 may include a lottery or other form of random selection. 12 § 2. This act shall take effect April 1, 2019, provided however that 13 effective immediately, the higher education services corporation shall 14 promulgate rules and regulations necessary to implement the provisions 15 of this act. 16 PART CC 17 Section 1. The private housing finance law is amended by adding a new 18 article 29 to read as follows: 19 ARTICLE XXIX 20 AFFORDABLE INDEPENDENT SENIOR HOUSING ASSISTANCE PROGRAM 21 Section 1260. Affordable independent senior housing assistance program. 22 § 1260. Affordable independent senior housing assistance program. 1. 23 Establishment. The commissioner, in conjunction with the commissioner of 24 health, shall develop an affordable independent senior housing assist- 25 ance program, which shall provide grants within amounts appropriated or 26 otherwise available therefor to affordable independent senior housing 27 properties to establish and operate resident assistance programs. The 28 grants shall be distributed by the commissioner of health. 29 2. Definitions. For purposes of this article, the following terms 30 shall have the following meanings: (a) "affordable independent senior 31 housing property" shall mean apartment buildings or apartment complexes 32 occupied by individuals over sixty years of age, who live independently 33 and at least eighty percent of whom have a total household income that 34 does not exceed sixty percent of the area median income; and 35 (b) "resident assistance" shall mean support offered to residents of 36 affordable independent senior housing properties to help promote healthy 37 living by extending independence and improving quality of life. 38 3. Assistance. Resident assistance shall be determined by the commis- 39 sioner of health; provided however, that the provision of such assist- 40 ance shall not include any services or assistance that requires the 41 property to be licensed as an adult care facility pursuant to article 42 seven of the social services law or an assisted living residence pursu- 43 ant to article forty-six-B of the public health law. Prior to issuing 44 any grants pursuant to this article, the department of health shall 45 solicit input from various stakeholders to determine what would consti- 46 tute assistance to ensure that such assistance would not require such 47 licensure. A summary of such input and the determination by the depart- 48 ment of health as to whether the assistance provided by the grant appli- 49 cant would require licensure as an adult care facility or assisted 50 living residence shall be in writing and shared with the various stake- 51 holders prior to the approval of any grants pursuant to this section. 52 4. Allocation. Sixty percent of the total funds awarded pursuant to 53 this article in any fiscal year shall be allocated to projects located 54 in urban areas of the state, as such term is defined in subdivision fourS. 7506--A 116 1 of section twelve hundred thirty-one of this chapter. Forty percent of 2 the total funds awarded pursuant to this article in any fiscal year 3 shall be allocated to projects located in rural areas of the state, as 4 such term is defined in subdivision three of section twelve hundred 5 thirty-one of this chapter. Any funds appropriated or otherwise avail- 6 able therefor for the program may be transferred to the department of 7 health. A portion of any amounts appropriated or otherwise available 8 therefor may be used by the commissioner of health to administer the 9 program. 10 § 2. This act shall take effect immediately. 11 PART DD 12 Section 1. The private housing finance law is amended by adding a new 13 article 29 to read as follows: 14 ARTICLE XXIX 15 RESIDENTIAL EMERGENCY SERVICES TO OFFER HOME REPAIRS TO 16 THE ELDERLY PROGRAM 17 Section 1260. Statement of legislative findings. 18 1261. Definitions. 19 1262. Residential emergency services to offer home repairs to 20 the elderly contracts. 21 § 1260. Statement of legislative findings. The legislature hereby 22 finds and declares that there exists in New York state a need for finan- 23 cial resources to assist senior citizen homeowners with the cost of 24 addressing emergencies and code violations that pose a threat to their 25 health and safety, or affecting the livability of their home. Providing 26 assistance for the cost of making such critical repairs will enable many 27 seniors to continue to live independently in their own homes. 28 § 1261. Definitions. As used in this article: 29 1. "Corporation" shall mean the housing trust fund corporation estab- 30 lished in section forty-five-a of this chapter. 31 2. "Eligible applicant" shall mean a unit of local government or not- 32 for-profit corporation in existence for a period of one or more years 33 prior to application, which is, or will be at the time of award, incor- 34 porated under the not-for-profit corporation law and has been engaged 35 primarily in housing and community development activities. 36 3. "Residential emergency services to offer home repairs to the elder- 37 ly programs" shall mean a series of activities by an eligible applicant 38 to administer funds to provide either loans or grants to homeowners 39 sixty years of age or older, with a household income of less than one 40 hundred percent of the area median income, to oversee the adaptation or 41 retrofitting of eligible properties. 42 4. "Eligible property" shall mean a housing unit that is the primary 43 residence of a person that is sixty years of age or older and have a 44 household income that does not exceed one hundred percent of the area 45 median income. 46 § 1262. Residential emergency services to offer home repairs to the 47 elderly contracts. 1. Within the limit of funds available in the resi- 48 dential emergency services to offer home repairs to the elderly program, 49 the corporation is hereby authorized to enter into contracts with eligi- 50 ble applicants to provide financial assistance for the actual costs of a 51 residential emergency services to offer home repairs to the elderly 52 program. The financial assistance shall be either in the form of grants 53 or loans, as the corporation shall determine. Funds must be used for 54 one- to four-unit dwellings that are owned and occupied by eligibleS. 7506--A 117 1 households, and work undertaken cannot exceed ten thousand dollars per 2 building. No more than fifty percent of the total amount awarded pursu- 3 ant to this article in any fiscal year shall be allocated to any resi- 4 dential emergency services to offer home repairs to the elderly program 5 located within any single municipality. 6 2. From the date of the emergency referral, the eligible applicant has 7 up to three business days to respond and inspect the eligible property; 8 from the date of the inspection and assessment of emergency repair need, 9 the eligible applicant must start the repairs within fourteen business 10 days; all repairs must be completed within sixty business days of the 11 start of the repairs. 12 3. The total payment pursuant to any one contract shall not exceed 13 five hundred thousand dollars and the contract shall provide for 14 completion of the program within a reasonable period, as specified ther- 15 ein, which shall not in any event exceed three years from its commence- 16 ment. Upon request, the corporation may extend the term of the contract 17 for up to two additional one year periods for good cause shown by the 18 eligible applicant. 19 4. The corporation shall authorize the eligible applicant to spend 20 seven and one-half percent of the contract amount for approved planning 21 and administrative costs associated with administering the program. 22 § 2. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law; provided, however, that effective immediate- 24 ly, the addition, amendment and/or repeal of any rule or regulation 25 necessary for the implementation of this act on its effective date are 26 authorized and directed to be made and completed on or before such 27 effective date. 28 PART EE 29 Section 1. The private housing finance law is amended by adding a new 30 article 29 to read as follows: 31 ARTICLE XXIX 32 NEW YORK ACCESS TO HOME FOR HEROES PROGRAM 33 Section 1260. Statement of legislative findings and purpose. 34 1261. Definitions. 35 1262. Access to home for heroes contracts. 36 § 1260. Statement of legislative findings and purpose. The legislature 37 hereby finds and declares that many disabled veterans in New York state 38 face a significant impediment to accessible and affordable housing as a 39 result of service related injuries, age or health related disabilities. 40 These men and women have served our country and state with honor and 41 distinction and deserve to achieve maximum independence, social inter- 42 action and community integration. Providing financial assistance with 43 the cost of adapting the dwelling units of our disabled veterans, is 44 fundamental to providing for the promise of living safely, comfortably 45 and productively in the most integrated setting of their choice. 46 § 1261. Definitions. As used in this article: 47 1. "Corporation" shall mean the housing trust fund corporation estab- 48 lished in section forty-five-a of this chapter. 49 2. "Eligible applicant" shall mean a city, town, village or not-for- 50 profit corporation in existence for a period of one or more years prior 51 to application, which is, or will be at the time of award, incorporated 52 under the not-for-profit corporation law and has substantial experience 53 in adapting or retrofitting homes for persons with disabilities.S. 7506--A 118 1 3. "Veteran" shall mean a resident of this state who (a) has served in 2 the United States army, navy, marine corps, air force or coast guard or 3 (b) has served on active duty or ordered to active duty as defined in 10 4 USC 101 (d)(1) as a member of the national guard or other reserve compo- 5 nent of the armed forces of the United States or (c) has served on 6 active duty or ordered to active duty for the state, as a member of the 7 state organized militia as defined in subdivision nine of section one of 8 the military law and has been released from such service documented by 9 an honorable or general discharge. 10 4. "Disabled veteran" shall mean a veteran with a permanent anatomical 11 or physiological impairment, which substantially limits a major life 12 activity, demonstrable by medically accepted clinical or diagnostic 13 techniques. A recent professional evaluation must be provided which 14 identifies the disability, describes the substantial limitation caused 15 by the disability, and recommends potential structural modifications to 16 improve the activities of daily living within and/or access to such 17 residence in consideration of such disability. 18 5. "Access to home for heroes programs" or "programs" shall mean a 19 series of activities by an eligible applicant to administer funds to 20 provide grants to homeowners and renters and to oversee the adaptation 21 or retrofitting of eligible properties. 22 6. "Eligible property" shall mean a housing unit that is the primary 23 residence of a disabled veteran and a total household income that does 24 not exceed one hundred and twenty percent of area median income. A prop- 25 erty shall not be considered an eligible property if the owner of the 26 property is otherwise obligated by federal, state or local law to 27 provide the improvements funded under this article. 28 § 1262. Access to home for heroes contracts. 1. Within the limit of 29 funds available in the access to home for heroes program, the corpo- 30 ration is hereby authorized to enter into contracts with eligible appli- 31 cants to provide financial assistance for the actual costs of an access 32 to home for heroes program. The financial assistance shall be in the 33 form of grants. No more than fifty percent of the total amount awarded 34 pursuant to this article in any fiscal year shall be allocated to access 35 to home programs located within any single municipality. 36 2. The total payment pursuant to any one contract shall not exceed 37 five hundred thousand dollars and the contract shall provide for 38 completion of the program within a reasonable period, as specified ther- 39 ein, which shall not in any event exceed three years from its commence- 40 ment. Upon request, the corporation may extend the term of the contract 41 for up to two additional one year periods for good cause shown by the 42 eligible applicant. 43 3. The corporation shall authorize the eligible applicant to spend 44 seven and one-half percent of the contract amount for approved adminis- 45 trative costs associated with administering the program. 46 4. The corporation shall require that, in order to receive funds 47 pursuant to this article, the eligible applicant shall submit a plan 48 which shall include, but not be limited to, program feasibility, impact 49 on the community, budget for expenditure of program funds, a schedule 50 for completion of the program, affirmative action and minority business 51 participation. 52 § 2. This act shall take effect immediately. 53 PART FFS. 7506--A 119 1 Section 1. Subdivision 3 of section 26 of the multiple dwelling law, 2 as amended by chapter 748 of the laws of 1961, is amended to read as 3 follows: 4 3. Floor area ratio (FAR). [The] Except as otherwise provided in the 5 zoning resolution of the city of New York, the floor area ratio (FAR) of 6 any dwelling or dwellings on a lot shall not exceed 12.0, except that a 7 fireproof class B dwelling in which six or more passenger elevators are 8 maintained and operated in any city having a local zoning law, ordinance 9 or resolution restricting districts in such city to residential use, may 10 be erected in accordance with the provisions of such zoning law, ordi- 11 nance or resolution, if such class B dwelling is erected in a district 12 no part of which is restricted by such zoning law, ordinance or resol- 13 ution to residential uses. 14 § 2. This act shall take effect immediately. 15 PART GG 16 Section 1. Section 25 of the public housing law is amended by adding a 17 new subdivision 3 to read as follows: 18 3. As of April first, two thousand eighteen, the credits allowed to a 19 taxpayer pursuant to section twenty-two of this article may be trans- 20 ferred, sold or assigned to any other party without regard to how the 21 federal low-income housing tax credit with respect to the low-income 22 building is allocated; provided, however, prior to such transfer, sale 23 or assignment, such taxpayer shall submit to the commissioner a state- 24 ment which describes the amount of the low-income housing tax credit for 25 transfer, sale or assignment, the proposed recipient of the credit and 26 any other information required by the commissioner. 27 § 2. This act shall take effect immediately. 28 PART HH 29 Section 1. The section heading of section 467-b of the real property 30 tax law, as amended by section 1 of chapter 188 of the laws of 2005, is 31 amended to read as follows: 32 Tax abatement for rent-controlled and rent regulated property occupied 33 by senior citizens or persons with disabilities or persons paying a 34 maximum rent or legal regulated rent which exceeds one-half of the 35 combined income of all members of their household. 36 § 2. Paragraph b of subdivision 1 of section 467-b of the real proper- 37 ty tax law, as amended by section 1 of chapter 188 of the laws of 2005, 38 is amended to read as follows: 39 b. "Head of the household" means a person (i) who is sixty-two years 40 of age or older, or (ii) who qualifies as a person with a disability 41 pursuant to subdivision five of this section, or (iii) who pays a maxi- 42 mum rent or legal regulated rent which exceeds one-half of the combined 43 income of all members of their household, and is entitled to the 44 possession or to the use or occupancy of a dwelling unit; 45 § 3. Subdivision 2 of section 467-b of the real property tax law, as 46 amended by chapter 747 of the laws of 1985, paragraph (c) as added by 47 chapter 553 of the laws of 2015, paragraph (d) as added by chapter 343 48 of the laws of 2016, is amended to read as follows: 49 2. The governing body of any municipal corporation is hereby author- 50 ized and empowered to adopt, after public hearing, in accordance with 51 the provisions of this section, a local law, ordinance or resolution 52 providing for the abatement of taxes of said municipal corporationS. 7506--A 120 1 imposed on real property containing a dwelling unit as defined herein by 2 one of the following amounts: (a) where the head of the household does 3 not receive a monthly allowance for shelter pursuant to the social 4 services law, an amount not in excess of that portion of any increase in 5 maximum rent or legal regulated rent which causes such maximum rent or 6 legal regulated rent to exceed one-third of the combined income of all 7 members of the household; or 8 (b) where the head of the household qualifies as a person paying a 9 maximum rent or legal regulated rent which exceeds one-half of the 10 combined income of all members of the household and does not receive a 11 monthly allowance for shelter pursuant to the social services law, an 12 amount not in excess of that portion of any increase in maximum rent or 13 legal regulated rent which causes such maximum rent or legal regulated 14 rent to exceed one-half of the combined income of all members of the 15 household; or 16 (c) where the head of the household receives a monthly allowance for 17 shelter pursuant to the social services law, an amount not in excess of 18 that portion of any increase in maximum rent or legal regulated rent 19 which is not covered by the maximum allowance for shelter which such 20 person is entitled to receive pursuant to the social services law. 21 [(c)] (d) Provided, however, that in a city of a population of one 22 million or more, where the head of household has been granted a rent 23 increase exemption order that is in effect as of January first, two 24 thousand fifteen or takes effect on or before July first, two thousand 25 fifteen, the amount determined by paragraph (a) of this subdivision 26 shall be an amount not in excess of the difference between the maximum 27 rent or legal regulated rent and the amount specified in such order, as 28 adjusted by any other provision of this section. 29 [(d)] (e) (1) Provided, however, that in a city with a population of 30 one million or more, a head of the household who has received a rent 31 increase exemption order that has expired and who, upon renewal applica- 32 tion for the period commencing immediately after such expiration, is 33 determined to be ineligible for a rent increase exemption order because 34 the combined income of all members of the household exceeds the maximum 35 amount allowed by this section or the maximum rent or legal regulated 36 rent does not exceed one-third of the combined income of all members of 37 the household, may submit a new application during the following calen- 38 dar year, and if such head of the household receives a rent increase 39 exemption order that commences during such calendar year, the tax abate- 40 ment amount for such order shall be calculated as if such prior rent 41 increase exemption order had not expired. However, no tax abatement 42 benefits may be provided for the period of ineligibility. 43 (2) No head of the household may receive more than three rent increase 44 exemption orders calculated as if a prior rent increase exemption order 45 had not expired, as described in subparagraph one of this paragraph. 46 § 4. Paragraph a of subdivision 3 of section 467-b of the real proper- 47 ty tax law, as amended by section 1 of part U of chapter 55 of the laws 48 of 2014, is amended to read as follows: 49 a. for a dwelling unit where the head of the household is a person 50 sixty-two years of age or older or where the head of the household pays 51 a maximum rent or legal regulated rent which exceeds one-half of the 52 combined income of all members of the household, no tax abatement shall 53 be granted if the combined income of all members of the household for 54 the income tax year immediately preceding the date of making application 55 exceeds four thousand dollars, or such other sum not more than twenty- 56 five thousand dollars beginning July first, two thousand five, twenty-S. 7506--A 121 1 six thousand dollars beginning July first, two thousand six, twenty-sev- 2 en thousand dollars beginning July first, two thousand seven, 3 twenty-eight thousand dollars beginning July first, two thousand eight, 4 twenty-nine thousand dollars beginning July first, two thousand nine, 5 and fifty thousand dollars beginning July first, two thousand fourteen, 6 as may be provided by the local law, ordinance or resolution adopted 7 pursuant to this section, provided that when the head of the household 8 retires before the commencement of such income tax year and the date of 9 filing the application, the income for such year may be adjusted by 10 excluding salary or earnings and projecting his or her retirement income 11 over the entire period of such year. 12 § 5. Paragraph d of subdivision 1 of section 467-c of the real proper- 13 ty tax law, as separately amended by chapters 188 and 205 of the laws of 14 2005, subparagraph 1 as amended by section 2 of part U of chapter 55 of 15 the laws of 2014, is amended to read as follows: 16 d. "Eligible head of the household" means (1) a person or his or her 17 spouse who is sixty-two years of age or older, or a person who pays a 18 maximum rent which exceeds one-half of the combined income of all 19 members of the household, and is entitled to the possession or to the 20 use and occupancy of a dwelling unit, provided, however, with respect to 21 a dwelling which was subject to a mortgage insured or initially insured 22 by the federal government pursuant to section two hundred thirteen of 23 the National Housing Act, as amended "eligible head of the household" 24 shall be limited to that person or his or her spouse who was entitled to 25 possession or the use and occupancy of such dwelling unit at the time of 26 termination of such mortgage, and whose income when combined with the 27 income of all other members of the household, does not exceed six thou- 28 sand five hundred dollars for the taxable period, or such other sum not 29 less than sixty-five hundred dollars nor more than twenty-five thousand 30 dollars beginning July first, two thousand five, twenty-six thousand 31 dollars beginning July first, two thousand six, twenty-seven thousand 32 dollars beginning July first, two thousand seven, twenty-eight thousand 33 dollars beginning July first, two thousand eight, twenty-nine thousand 34 dollars beginning July first, two thousand nine, and fifty thousand 35 dollars beginning July first, two thousand fourteen, as may be provided 36 by local law; or (2) a person with a disability as defined in this 37 subdivision. 38 § 6. Subparagraph 1 of paragraph a of subdivision 3 of section 467-c 39 of the real property tax law, as amended by chapter 747 of the laws of 40 1985, is amended to read as follows: 41 (1) where the eligible head of the household who is either sixty-two 42 years of age or older or is disabled does not receive a monthly allow- 43 ance for shelter pursuant to the social services law, the amount by 44 which increases in the maximum rent subsequent to such person's eligi- 45 bility date have resulted in the maximum rent exceeding one-third of the 46 combined income of all members of the household for the taxable period, 47 or where the eligible head of the household is a person who pays a maxi- 48 mum rent which exceeds one-half of the combined income of all members of 49 the household and does not receive a monthly allowance for shelter 50 pursuant to the social services law, the amount by which increases in 51 the maximum rent subsequent to such person's date have resulted in the 52 maximum rent exceeding one-half of the combined income of all members of 53 the household for the taxable period, except that in no event shall a 54 rent increase exemption order/tax abatement certificate become effective 55 prior to January first, nineteen hundred seventy-six; orS. 7506--A 122 1 § 7. The state comptroller shall annually pay to each city providing 2 real property tax abatements pursuant to sections 467-b and 467-c of the 3 real property tax law an amount equal to 10 per centum of the real prop- 4 erty tax revenue lost during the city fiscal year due to the implementa- 5 tion of the provisions of this act. Each city eligible for state 6 payments pursuant to this section shall provide the state comptroller 7 with such information as he or she shall deem necessary. 8 § 8. This act shall take effect July 1, 2018; provided however, that 9 a. the amendments to section 467-b of the real property tax law, made 10 by sections one, two, three and four of this act shall be subject to the 11 expiration and reversion of such section pursuant to section 17 of chap- 12 ter 576 of the laws of 1974, and shall expire and be deemed repealed 13 therewith; 14 b. the amendments to paragraph a of subdivision 3 of section 467-b of 15 the real property tax law, made by section four of this act shall be 16 subject to the expiration of such paragraph pursuant to section 4 of 17 part U of chapter 55 of the laws of 2014, as amended, and shall be 18 deemed to expire therewith; and 19 c. the amendments to subparagraph 1 of paragraph d of subdivision 1 of 20 section 467-c of the real property tax law, made by section five of this 21 act shall not affect the expiration of such subparagraph pursuant to 22 section 4 of part U of chapter 55 of the laws of 2014, as amended, and 23 shall expire and be deemed repealed therewith. 24 PART II 25 Section 1. There is hereby established the New York city tax reform 26 study commission to provide the governor and the legislature with a 27 blueprint for reforming the local real property tax system in the city 28 of New York. 29 § 2. The New York city tax reform study commission shall consist of 11 30 members appointed by the governor: three members shall be appointed upon 31 the recommendation of the temporary president of the senate, three 32 members shall be appointed upon the recommendation of the speaker of the 33 assembly, two members shall be appointed upon the recommendation of the 34 mayor of the city of New York, one member shall be appointed upon the 35 recommendation of the speaker of the city council of the city of New 36 York, one member shall be appointed upon the recommendation of the 37 minority leader of the senate, and one member shall be appointed upon 38 the recommendation of the minority leader of the assembly. Such commis- 39 sion shall include at least one member representative of each of the 40 following: the New York city municipal government, academia, real 41 estate industry and a recognized labor organization, all based in the 42 city of New York. 43 § 3. On or before January 1, 2020, the New York city tax reform study 44 commission shall provide the governor and the legislature with recommen- 45 dations on any changes that should be made to, at a minimum, the class 46 share system, assessment process and tax rate formulae utilized within 47 the city of New York. 48 § 4. The New York city tax reform study commission shall be assisted 49 in its powers and duties pursuant to this act by personnel employed by 50 state and city of New York agencies including, but not limited to, the 51 state department of taxation and finance and the department of finance 52 of the city of New York. 53 § 5. This act shall take effect immediately.S. 7506--A 123 1 PART JJ 2 Section 1. Paragraph e of subdivision 1 of section 467-b of the real 3 property tax law, as amended by chapter 555 of the laws of 1977, is 4 amended to read as follows: 5 e. "Increase in maximum rent or legal regulated rent" means any 6 increase in the maximum rent or the legal regulated rent for the dwell- 7 ing unit in question pursuant to the applicable rent control law or to 8 the emergency tenant protection act of nineteen seventy-four, respec- 9 tively, or such classes of increase thereunder as may be specified in a 10 local law, ordinance or resolution enacted pursuant to this section, 11 over such base period rent as shall be provided therein or an exemption 12 from the maximum rent or legal regulated rent as specified in paragraph 13 c or d of subdivision three of this section; provided, however, that, in 14 cities having a population of one million or more, if the rent for the 15 dwelling unit, at the time a tax abatement certificate is issued, is 16 less than the maximum rent or the legal regulated rent for such dwelling 17 unit pursuant to the applicable rent control law or to the emergency 18 tenant protection act of nineteen seventy-four, then "increase in maxi- 19 mum rent or legal regulated rent" means any increase in the rent paid 20 for the dwelling unit, which shall not exceed the maximum rent or the 21 legal regulated rent, at the time a tax abatement certificate is to be 22 issued; 23 § 2. This act shall take effect immediately; provided, however, that 24 the amendments to paragraph e of subdivision 1 of section 467-b of the 25 real property tax law made by section one of this act shall not affect 26 the expiration of such section and shall be deemed to expire therewith. 27 PART KK 28 Section 1. Subparagraph (ii) of paragraph 3 of subdivision d of 29 section 11-243 of the administrative code of the city of New York, as 30 amended by local law number 49 of the city of New York for the year 31 1993, is amended to read as follows: 32 (ii) is owned as a condominium and is occupied as the residence or 33 home of three or more families living independently of each other; 34 provided, however, that, in addition to all other conditions of eligi- 35 bility for the benefits of this section, except for multiple dwellings 36 in which units have been newly created by substantial rehabilitation of 37 vacant buildings or conversions of non-residential buildings, the avail- 38 ability of benefits under this section for such multiple dwellings, 39 buildings or structures shall be conditioned on the following: (a) 40 alterations or improvements to at least one building-wide system are 41 part of the application for benefits, and (b) (i) the assessed valuation 42 of such multiple dwelling, building, or structure, including land, shall 43 not exceed an average of [thirty] fifty thousand dollars per dwelling 44 unit at the time of the commencement of the alterations or improvements, 45 and (ii) during the three years immediately preceding the commencement 46 of the alterations or improvements the average per room sale price of 47 the dwelling units or the stock allocated to such dwelling units shall 48 have been no greater than thirty-five percent of the maximum mortgage 49 amount for a single family home eligible for purchase by the Federal 50 National Mortgage Association; provided that if less than ten percent of 51 the dwelling units or an amount of stock less than the amount allocable 52 to ten percent of such dwelling units was not transferred during such 53 preceding three year period, eligibility for benefits shall be condi-S. 7506--A 124 1 tioned upon the multiple dwelling, building, or structure having an 2 assessed valuation per dwelling unit of no more than twenty-five thou- 3 sand dollars at the time of the commencement of the alterations or 4 improvements. Provided, further, that such benefits shall be available 5 only for alterations or improvements commenced on or after June first, 6 nineteen hundred eighty-six. 7 § 2. The opening paragraph of paragraph (a) of subdivision 1 of 8 section 489 of the real property tax law, as amended by section 19 of 9 part A of chapter 20 of the laws of 2015, is amended to read as follows: 10 Any city to which the multiple dwelling law is applicable, acting 11 through its local legislative body or other governing agency, is hereby 12 authorized and empowered, to and including January first, two thousand 13 [nineteen] twenty-two, to adopt and amend local laws or ordinances 14 providing that any increase in assessed valuation of real property shall 15 be exempt from taxation for local purposes, as provided herein, to the 16 extent such increase results from: 17 § 3. The closing paragraph of subparagraph 6 of paragraph (a) of 18 subdivision 1 of section 489 of the real property tax law, as amended by 19 section 20 of part A of chapter 20 of the laws of 2015, is amended to 20 read as follows: 21 Such conversion, alterations or improvements shall be completed within 22 thirty months after the date on which same shall be started except that 23 such thirty month limitation shall not apply to conversions of residen- 24 tial units which are registered with the loft board in accordance with 25 article seven-C of the multiple dwelling law pursuant to subparagraph 26 one of this paragraph. Notwithstanding the foregoing, a sixty month 27 period for completion shall be available for alterations or improvements 28 undertaken by a housing development fund company organized pursuant to 29 article eleven of the private housing finance law, which are carried out 30 with the substantial assistance of grants, loans or subsidies from any 31 federal, state or local governmental agency or instrumentality or which 32 are carried out in a property transferred from such city if alterations 33 and improvements are completed within seven years after the date of 34 transfer. In addition, the local housing agency is hereby empowered to 35 grant an extension of the period of completion for any project carried 36 out with the substantial assistance of grants, loans or subsidies from 37 any federal, state or local governmental agency or instrumentality, if 38 such alterations or improvements are completed within sixty months from 39 commencement of construction. Provided, further, that such conversion, 40 alterations or improvements shall in any event be completed prior to 41 June thirtieth, two thousand [nineteen] twenty-two. Exemption for 42 conversions, alterations or improvements pursuant to subparagraph one, 43 two, three or four of this paragraph shall continue for a period not to 44 exceed fourteen years and begin no sooner than the first quarterly tax 45 bill immediately following the completion of such conversion, alter- 46 ations or improvements. Exemption for alterations or improvements pursu- 47 ant to this subparagraph or subparagraph five of this paragraph shall 48 continue for a period not to exceed thirty-four years and shall begin no 49 sooner than the first quarterly tax bill immediately following the 50 completion of such alterations or improvements. Such exemption shall be 51 equal to the increase in the valuation which is subject to exemption in 52 full or proportionally under this subdivision for ten or thirty years, 53 whichever is applicable. After such period of time, the amount of such 54 exempted assessed valuation of such improvements shall be reduced by 55 twenty percent in each succeeding year until the assessed value of the 56 improvements are fully taxable. Provided, however, exemption for anyS. 7506--A 125 1 conversion, alterations or improvements which are aided by a loan or 2 grant under article eight, eight-A, eleven, twelve, fifteen or twenty- 3 two of the private housing finance law, section six hundred ninety-six-a 4 or section ninety-nine-h of the general municipal law, or section three 5 hundred twelve of the housing act of nineteen hundred sixty-four (42 6 U.S.C.A. 1452b), or the Cranston-Gonzalez national affordable housing 7 act (42 U.S.C.A. 12701 et. seq.), or started after July first, nineteen 8 hundred eighty-three by a housing development fund company organized 9 pursuant to article eleven of the private housing finance law which are 10 carried out with the substantial assistance of grants, loans or subsi- 11 dies from any federal, state or local governmental agency or instrumen- 12 tality or which are carried out in a property transferred from any city 13 and where alterations and improvements are completed within seven years 14 after the date of transfer may commence at the beginning of any tax 15 quarter subsequent to the start of such conversion, alterations or 16 improvements and prior to the completion of such conversion, alterations 17 or improvements. 18 § 4. This act shall take effect immediately. 19 PART LL 20 Section 1. Subdivision 4 of section 933 of the labor law, as amended 21 by chapter 90 of the laws of 2015, is amended to read as follows: 22 4. a federal, state or local governmental unit or public authority and 23 employees thereof that perform mold assessment, remediation, or abate- 24 ment on any property owned, managed or remediated by such governmental 25 unit or authority; provided, however, that the exemption under this 26 subdivision shall not apply to the New York city housing authority. 27 § 2. This act shall take effect immediately. 28 PART MM 29 Section 1. The administrative code of the city of New York is amended 30 by adding a new section 25-116 to read as follows: 31 § 25-116 New York city housing authority repair certificate program. 32 a. The city planning commission shall establish the New York city hous- 33 ing authority repair certificate program, in cooperation with the New 34 York city housing authority. Under such program, the city planning 35 commission shall grant amendments to zoning resolutions which increase 36 the allowable development in areas covered by a New York city housing 37 authority repair certificate issued pursuant to section four hundred 38 two-d of the public housing law. 39 b. The city planning commission shall for each application for an 40 amendment of a zoning resolution, establish the per foot value of any 41 New York city housing authority repair certificate issued in the areas 42 covered by such amendment and the maximum allowed foot area ratio that 43 may be granted to the holder of such certificate in the newly zoned 44 area. Such per foot value shall be updated annually based upon increases 45 in the consumer price index for housing costs in the New York city 46 metropolitan area. 47 c. A developer who seeks to obtain an increased foot area ratio in a 48 newly zoned area, by means of being the holder of a New York city hous- 49 ing authority repair certificate, shall submit an application therefor 50 to the city planning commission. Such commission shall within seven days 51 of receiving an application pursuant to this subdivision, forward it to 52 the New York city housing authority, along with the per foot value to beS. 7506--A 126 1 granted if the applicant receives a repair certificate from such author- 2 ity. 3 d. Upon certification by the New York city housing authority that a 4 developer has been awarded a repair certificate, the city planning 5 commission shall approve such developer's application submitted pursuant 6 to this section. 7 e. The transfer of a certificate must be registered with the city 8 planning commission within seven days of the transfer. 9 § 2. The public housing law is amended by adding a new section 402-d 10 to read as follows: 11 § 402-d. Issuance of repair certificate. 1. The New York city housing 12 authority, in consultation with the New York city planning commission, 13 shall establish procedures and guidelines for the awarding of repair 14 certificates by such authority to developers which perform capital 15 repairs to a project operated by the authority. No such certificate 16 shall be awarded based upon the performance of any work which would 17 constitute regular maintenance upon any project operated by such author- 18 ity. The procedures and guidelines established pursuant to this subdivi- 19 sion shall provide maximum allowable costs for various kinds and types 20 of capital repair projects. 21 2. There shall be established, within the New York city housing 22 authority, an office of repair certification. Such office shall adminis- 23 ter the repair certificate program. The office shall establish lists of 24 repair projects, to authority facilities, which shall be eligible for 25 the repair certificate program, the estimated value of each such repair 26 project, and the priority of each repair project based upon its urgency 27 and/or importance. 28 3. The office of repair certification shall receive each application 29 forwarded to the New York city housing authority pursuant to subdivision 30 c of section 25-116 of the administrative code of the city of New York. 31 Within ten days of receiving an application, the office shall contact 32 the applicant and provide it with a list of eligible repair projects 33 equal in value to the benefit to be provided to such applicant by the 34 city planning commission. Such list shall, to the extent practicable, 35 include only those eligible repair projects within the same neighborhood 36 included in the area to which the requested amendment to the zoning 37 resolution relates, regardless of the importance or urgency of the 38 repair project. Provided, however, if no such eligible repair projects 39 exist in the neighborhood, then the projects shall be listed in order of 40 priority. 41 4. Upon receipt of a list from the office, an applicant must reply 42 within thirty days. If the applicant fails to do so, its application 43 shall be terminated. Such reply to the office shall include designation 44 of the project or projects the applicant desires to complete, the appli- 45 cant's estimate of the cost of completing the repair project, and a 46 timeline for the completion of the project. 47 5. The office of repair certification shall, within fourteen days of 48 receiving an applicant's reply, review the costs and project plan 49 submitted, and either approve or disapprove such reply. If an appli- 50 cant's submission is disapproved, it shall have fifteen days to resubmit 51 a new project plan and estimate of costs for review by the office. Upon 52 a second submission, the office shall again make a determination within 53 fourteen days, and, if the plan is disapproved, the office shall provide 54 the applicant with a written explanation therefor. 55 6. For any repair project plan that is approved by the office of 56 repair certification where the applicant's estimated cost thereofS. 7506--A 127 1 exceeds the value of the project established by the office, such office 2 shall provide notice to the city planning commission that the zoning 3 valuation of the zoning amendment must be adjusted within seven days. 4 7. Upon completion of the agreed upon repair project or projects by 5 the applicant, the office shall award the applicant a certificate of 6 completion and provide a copy thereof to the city planning commission 7 within fourteen days of certifying the completion of the project. 8 § 3. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law; provided, however, that effective immediate- 10 ly, the addition, amendment and/or repeal of any rule or regulation 11 necessary for the implementation of this act on its effective date are 12 authorized and directed to be made and completed on or before such 13 effective date. 14 PART NN 15 Section 1. The public housing law is amended by adding a new section 16 402-d to read as follows: 17 § 402-d. New York city council oversight. The New York city council 18 as established in section twenty-one of the New York city charter is 19 empowered to mandate that the New York city housing authority produce 20 reports about any facets of its operations or the condition of the 21 projects under its management, including any project based section eight 22 voucher developments in which the authority has an ownership stake, 23 through the passage of a local law. Such a law shall determine which 24 information is to be included in the report, the deadline for the 25 production of the report, whether the reporting mandate applies once or 26 is recurring, and which local authorities shall receive copies. A copy 27 of any such reports must be provided to the commissioner and shall be 28 considered an agency document for the purposes of article six of the 29 public officers law. 30 § 2. Subdivision a of section 29 of the New York city charter, as 31 added by a vote of the people of the city of New York at the general 32 election held in November 1989, is amended to read as follows: 33 a. The council, acting as a committee of the whole, and each standing 34 or special committee of the council, through hearings or otherwise: 35 1. [may] May investigate any matters within its jurisdiction relating 36 to the property, affairs, or government of the city or of any county 37 within the city, or to any other powers of the council, or to the effec- 38 tuation of the purposes or provisions of this charter or any laws relat- 39 ing to the city or to any county within the city. 40 2. [shall] Shall review on a regular and continuous basis the activ- 41 ities of the agencies of the city, including their service goals and 42 performance and management efficiency. Each unit of appropriation in 43 the adopted budget of the city shall be assigned to a standing commit- 44 tee. Each standing committee of the council shall hold at least one 45 hearing each year relating to the activities of each of the agencies 46 under its jurisdiction. 47 3. Shall review on a regular and continuous basis the activities of 48 the New York city housing authority, including the service goals, 49 performance and management efficiency of such authority. Such authority 50 shall be assigned to a standing committee. Such standing committee of 51 the council shall hold at least one hearing each year relating to the 52 activities of the New York city housing authority. 53 § 3. This act shall take effect on the thirtieth day after it shall 54 have become a law.S. 7506--A 128 1 PART OO 2 Section 1. The public housing law is amended by adding a new section 3 402-d to read as follows: 4 § 402-d. Independent monitor. 1. There shall be established within the 5 division of housing and community renewal, an office of independent 6 monitor for the New York city housing authority. The head of such office 7 shall be the New York city housing authority independent monitor. The 8 independent monitor shall be appointed by the governor in consultation 9 with the Citywide Council of Presidents for tenant leaders of the New 10 York city housing authority and with the city council of the city of New 11 York who shall submit recommendations to the governor for appointment of 12 the independent monitor. The independent monitor shall be appointed, 13 with the advice and consent of the senate for a term of three years; 14 provided, however, that an independent monitor may be removed, by the 15 governor, prior to the expiration of his or her term, after an opportu- 16 nity to be heard, for substantial neglect of duty, gross misconduct in 17 office, or inability to carry out the duties of such office. Any vacancy 18 in the office of New York city housing authority independent monitor 19 prior to the expiration of his or her term shall be filled in the same 20 manner as provided for the original appointment for the remainder of 21 such unexpired term. Upon the expiration of the term of any independent 22 monitor, his or her successor shall be appointed for a term of four 23 years. 24 2. The New York city housing authority independent monitor shall 25 employ and may remove such personnel as he or she may deem necessary for 26 the performance of the duties of the office of independent monitor for 27 the New York city housing authority pursuant to this section, and fix 28 their compensation within the amounts made available therefor. 29 3. (a) Such independent monitor, or any officer or employee of the 30 office of independent monitor for the New York city housing authority as 31 shall be designated by him or her, shall have the authority to, and may, 32 in his or her sole discretion, require review and oversight, in whole or 33 in part, of any project, and make recommendations regarding required 34 corrective or other action to the New York city housing authority in 35 connection with such project. 36 (b) For the purposes of this section, the term "project" shall mean 37 any work associated with the planning, acquisition, design, engineering, 38 environmental analysis, construction, reconstruction, restoration, reha- 39 bilitation, establishment, improvement, renovation, extension, repair, 40 revitalization, management and development of a capital asset as defined 41 in section two of the state finance law. 42 (c) The New York city housing authority upon undertaking such project 43 shall fully cooperate with any determination of the New York city hous- 44 ing authority independent monitor, and provide access to all personnel, 45 books, records, plans, specifications, data and other information as may 46 be necessary for such independent monitor to perform his or her duties. 47 (d) In the event the New York city housing authority independent moni- 48 tor determines that corrective or other action is necessary for such a 49 project, then the independent monitor shall have the authority to direct 50 that the New York city housing authority shall implement all corrective 51 or other action as shall be required to accomplish the project, to the 52 extent practicable, on time, within budget and at an acceptable overall 53 cost to such authority. Such corrective or other action shall include, 54 but not be limited to:S. 7506--A 129 1 (i) Modification of such plans, specifications, designs and estimates 2 of costs for the construction of the project and equipment of facili- 3 ties; 4 (ii) Detailed analysis of the project schedule; 5 (iii) Detailed analysis of project budget; 6 (iv) Detailed analysis of change orders and/or payments to prime 7 contractors, subcontractors and other parties; 8 (v) Detailed analysis of records of construction observations, 9 inspections and deficiencies; 10 (vi) Termination of contracts, contractors, subcontractors or other 11 consultants; 12 (vii) Procurement of independent auditors, project managers, legal 13 counsel, or other professionals for the benefit of the project; 14 (viii) Regular reporting of project status and milestones to the 15 public; 16 (ix) Active project management review and oversight utilizing addi- 17 tional resources provided by the New York city housing authority inde- 18 pendent monitor; and 19 (x) Periodic project review and audit by the New York city housing 20 authority independent monitor on a suitable time interval determined by 21 such monitor. 22 (e) The New York city housing authority upon proposing a public works 23 project having a total or aggregate construction value in excess of one 24 million dollars shall include a summary of the provisions of this subdi- 25 vision in all such proposal and/or bid documents for such projects. 26 (f) All contract documents shall expressly incorporate the provisions 27 of this section and include compliance with the provisions hereof as a 28 condition of performance. 29 4. The independent monitor shall, on or before February first each 30 year, submit to the governor, each conference of the legislature, the 31 authority, and the mayor and the city council of the city of New York, a 32 report on his or her activities pursuant to this section during the 33 previous calendar year, including any corrective actions that were 34 required to be taken, and shall also report upon the status of all 35 projects under taken by the New York city housing authority and whether 36 such projects are progressing on schedule and within budget. 37 § 2. This act shall take effect immediately. 38 PART PP 39 Section 1. The public housing law is amended by adding a new section 40 402-d to read as follows: 41 § 402-d. New York City Housing Authority 311 hotline. The New York 42 City Housing Authority is authorized and directed to establish, in coor- 43 dination with the department of information technology and telecommuni- 44 cations of the city of New York, a system whereby residents of any 45 project operated by such authority may report housing violations and 46 submit other complaints through the existing 311 citizens service center 47 that is operated by the New York city department of information technol- 48 ogy and telecommunications. 49 § 2. The New York city charter is amended by adding a new section 1076 50 to read as follows: 51 § 1076. New York City Housing Authority 311 hotline. The department is 52 authorized and directed to establish, in coordination with the New York 53 City Housing Authority, a system whereby the existing 311 hotline 54 accepts calls from New York City Housing Authority residents. TheS. 7506--A 130 1 department or the city council may promulgate any rules and regulations 2 necessary to accept and process complaints from tenants of public hous- 3 ing projects operated by the New York City Housing Authority. The 4 department shall further establish rules and procedures for the timely 5 and effective transmission of such resident complaints to the New York 6 City Housing Authority in coordination with the department of housing 7 preservation and development. 8 § 3. This act shall take effect on the one hundred eightieth day after 9 it shall have become a law; provided, however, that effective immediate- 10 ly, the New York City Housing Authority and the department of informa- 11 tion technology and telecommunications of the city of New York are 12 authorized and directed to promulgate any rules and regulations neces- 13 sary to implement the provisions of this act on its effective date on or 14 before such date. 15 PART QQ 16 Section 1. Section 26-605 of the administrative code of the city of 17 New York is amended by adding a new subdivision (c-1) to read as 18 follows: 19 (c-1) For any eligible head of household who submits an application 20 for a rent increase exemption order pursuant to subdivision (a) or (b) 21 of this section, the date of such application shall be deemed to be (i) 22 the date of the applicant's initial eligibility for a rent increase 23 exemption order, if the actual date of submission of the application is 24 two years or less after such date of initial eligibility, or (ii) the 25 date which is two years prior to the actual date of the submission of 26 the application, if such application is submitted more than two years 27 after the applicant's date of initial eligibility for a rent increase 28 exemption order, and the calculation of such rent increase exemption, 29 prospectively, shall be based upon the applicant's initial date of 30 eligibility and not upon the date of such application, provided, howev- 31 er, that the provisions of this subdivision shall only apply to the 32 calculation of benefits and no prior rental payments attributable to any 33 rent increase prior to the date of application shall be subject to 34 recoupment. 35 § 2. This act shall take effect immediately. 36 PART RR 37 Section 1. Section 54-m of the state finance law, as added by section 38 104 of part WWW of chapter 59 of the laws of 2017, is amended to read as 39 follows: 40 § 54-m. Local share requirements associated with increasing the age of 41 juvenile jurisdiction above fifteen years of age. Notwithstanding any 42 other provision of law to the contrary, counties and the city of New 43 York shall not be required to contribute a local share of eligible 44 expenditures that would not have been incurred absent the provisions of 45 [a] chapter fifty-nine of the laws of two thousand seventeen that added 46 this section [unless the most recent budget adopted by a county that is47subject to the provisions of section three-c of the general municipal48law exceeded the tax levy limit prescribed in such section or the local49government is not subject to the provisions of section three-c of the50general municipal law; provided, however, that the state budget director51shall be authorized to waive any local share of expenditures associated52with a chapter of the laws of two thousand seventeen that increased theS. 7506--A 131 1age of juvenile jurisdiction above fifteen years of age, upon a showing2of financial hardship by a county or the city of New York upon applica-3tion in the form and manner prescribed by the division of the budget. In4evaluating an application for a financial hardship waiver, the budget5director shall consider the incremental cost to the locality related to6increasing the age of juvenile jurisdiction, changes in state or federal7aid payments, and other extraordinary costs, including the occurrence of8a disaster as defined in paragraph a of subdivision two of section twen-9ty of the executive law, repair and maintenance of infrastructure, annu-10al growth in tax receipts, including personal income, business and other11taxes, prepayment of debt service and other expenses, or such other12factors that the director may determine]. 13 § 2. This act shall take effect on the same date as section 104 of 14 part WWW of chapter 59 of the laws of 2017 takes effect. 15 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 16 sion, section or part of this act shall be adjudged by any court of 17 competent jurisdiction to be invalid, such judgement shall not affect, 18 impair, or invalidate the remainder thereof, but shall be confined in 19 its operation to the clause, sentence, paragraph, subdivision, section 20 or part thereof directly involved in the controversy in which such 21 judgement shall have been rendered. It is hereby declared to be the 22 intent of the legislature that this act would have been enacted even if 23 such invalid provisions had not been included herein. 24 § 3. This act shall take effect immediately provided, however, that 25 the applicable effective date of Parts A through RR of this act shall be 26 as specifically set forth in the last section of such Parts.
