Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2024-2025 state fiscal year; relates to requirements under contracts for excellence; relates to the calculation of foundation aid; relates to allowable transportation expenses; relates to transportation aid under the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022; relates to academic enhancement aid; relates to high tax aid; relates to universal prekindergarten and the statewide universal full-day pre-kindergarten program; relates to the implementation of the smart schools bond act of 2014; relates to special apportionments and grants-in-aid to school districts; relates to aid for BOCES and special services; relates to the additional apportionment of building aid for certain projects; relates to aid for certain transportation; relates to the computation of building aid for the construction, reconstruction or modernizing of certain schools by the Binghamton city school district; relates to aid for universal pre-kindergarten; extends the teachers of tomorrow teacher recruitment and retention program; relates to maximum class sizes for special classes for certain students with disabilities; extends funding for a program for work force education conducted by the consortium for worker education in New York city; relates to the financing of charter schools; relates to aid payable for certain persons twenty-one years of age or older; updates the fee collected by county clerks for deposit into the cultural education account; extends the date for the submission of recommendations of a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school-age and preschool programs receiving state funding; extends certain provisions relating to the 1994-95 budgets; extends certain provisions relating to census reporting; provides for special apportionment for salary expenses; provides for special apportionment for public pension accruals; provides for set-asides from the state funds which certain districts are receiving from the total foundation aid; provides for support of public libraries; relates to aid for library materials (Part A); requires the commissioner of education to provide school districts with evidence-based and scientifically-based instructional best practices, for the teaching of reading to students in prekindergarten through grade three (Part B); creates uniform resources on post-secondary financial aid programs including a presentation and training on certain applications and notice to students of applicable resources (Part C); extends certain provisions relating to the NY-SUNY 2020 challenge grant program (Part F); relates to increasing the standards of monthly need for aged, blind and disabled persons (Part H); utilizes reserves in the mortgage insurance fund for the neighborhood preservation program, the rural preservation program, the rural rental assistance program, and the New York state supportive housing program (Part N); requires the state university of New York trustees and city university of New York trustees to jointly develop recommendations regarding a new formula for financing the operating costs of community colleges (Part V); permits tuition assistance program awards to be made to part-time students enrolled in certain degree granting institutions chartered or authorized by the New York state board of regents (Part W); increases the income eligibility threshold for the tuition assistance program (Part X); authorizes monthly grants and allowances of public assistance (Part Y); provides that a caregiver shall be eligible for assistance for child care under the child care block grant regardless of the hours the parent actually works (Part Z); establishes the foundations for futures housing program to develop and administer a program which shall provide assistance in the form of payments, grants and loans for the formation of limited equity cooperative housing utilizing funding appropriated; provides tax exemptions for housing under the foundations for futures housing program (Part AA); establishes the homeownership opportunity connection program (Part BB); establishes differential payments rates for child care services provided by licensed, registered or enrolled child care providers (Part CC): establishes a housing access voucher program to provide rental assistance for homeless individuals through vouchers issued by the housing trust fund corporation (Part DD); prohibits the higher education services corporation from seeking recovery of certain awards made in error during the 2020--2021, 2021--2022, or 2022--2023 academic years, due to administrative error (Part EE); authorizes the creation of a state debt in the amount of two billion dollars; relates to creating the smart schools bond act of 2024 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, educational facilities to accommodate pre-kindergarten programs, install or construct zero-emission school bus charging infrastructure, modernize buildings and campuses to increase energy efficiency, and install high-tech security features; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2024 (Part FF); requires the office of children and family services to utilize a cost estimation model when determining the actual cost providers incur when providing child care; requires the office to prepare a report detailing such (Part GG); implements the smart schools bond act of 2024 (Part HH); establishes and certifies pro-housing communities (Part II); establishes the Increasing Nutrition Support for Prenatal and Infant Resiliency ("INSPIRE") pilot program (Part JJ); requires the use of project labor agreements for certain large scale construction projects (Part KK); establishes the civil right to counsel in eviction proceedings in New York state; creates the New York state office of civil representation; requires that covered individuals be given notice of such right to counsel (Part LL); raises the income cap for eligibility for the New York state get on your feet loan forgiveness program to $66,000 (Part MM); extends the duration of tuition assistance program awards (Part NN); expands the eligibility period for indigent legal service attorneys to receive certain loan forgiveness; increases loan reimbursement for certain attorneys who work in legal services with indigent clients (Part OO).
STATE OF NEW YORK
________________________________________________________________________
8806--B
IN ASSEMBLY
January 17, 2024
___________
A BUDGET BILL, submitted by the Governor pursuant to article seven of
the Constitution -- read once and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee
AN ACT to amend the education law, in relation to contracts for excel-
lence; to amend the education law, in relation to foundation aid; to
amend the education law, in relation to allowable transportation
expenses; to amend the education law, in relation to transportation
aid and the Clean Water, Clean Air, and Green Jobs Environmental Bond
Act of 2022; to amend the education law, in relation to academic
enhancement aid; to amend the education law, in relation to high tax
aid; to amend the education law, in relation to universal prekinder-
garten and the Statewide universal full-day pre-kindergarten program;
to amend the education law, in relation to transportation after 4pm in
certain school districts; to amend the education law, in relation to
implementation of the smart schools bond act of 2014; to amend the
education law, in relation to special apportionments and grants-in-aid
to school districts; to amend the education law, in relation to aid
for BOCES and special services; to amend the education law, in
relation to the additional apportionment of building aid for certain
projects; to amend the education law, in relation to aid for certain
transportation; to amend the education law, in relation to aid for
library materials; to amend the education law, in relation to the
computation of building aid for the construction, reconstruction or
modernizing of certain schools by the Binghamton City School District;
to amend the education law, in relation to aid for universal pre-kin-
dergarten; to amend the education law, in relation to extending
certain provisions of the teachers of tomorrow teacher recruitment and
retention program; to amend the education law, in relation to maximum
class sizes for special classes for certain students with disabili-
ties; to amend chapter 82 of the laws of 1995, amending the education
law and other laws relating to state aid to school districts and the
appropriation of funds for the support of government, in relation to
the effectiveness thereof; to amend chapter 756 of the laws of 1992
relating to funding a program for work force education conducted by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12672-04-4
A. 8806--B 2
the consortium for worker education in New York city, in relation to
reimbursement for the 2023-2024 school year withholding a portion of
employment preparation education aid and in relation to the effective-
ness thereof; to amend the education law, in relation to the financing
of charter schools; to amend the education law, in relation to aid
payable for certain persons twenty-one years of age or older; to amend
the civil practice law and rules and the administrative code of the
city of New York, in relation to updating the fee collected by county
clerks for deposit into the cultural education account; to amend part
A of chapter 56 of the laws of 2023 directing the education department
to conduct a comprehensive study of alternative tuition rate-setting
methodologies for approved providers operating school-age and
preschool programs receiving state funding, in relation to extending
the date for the submission of such recommendations; to amend chapter
169 of the laws of 1994, relating to certain provisions related to the
1994-95 state operations, aid to localities, capital projects and debt
service budgets, in relation to the effectiveness thereof; to amend
subpart F of part C of chapter 97 of the laws of 2011, amending the
education law relating to census reporting, in relation to the effec-
tiveness thereof; providing for special apportionment for salary
expenses; providing for special apportionment for public pension
accruals; providing for set-asides from the state funds which certain
districts are receiving from the total foundation aid; and providing
for support of public libraries (Part A); to amend the education law,
in relation to establishing evidence-based reading instructional best
practices for students attending prekindergarten through grade three
(Part B); to amend the education law, in relation to creating uniform
resources on post-secondary financial aid programs (Part C); inten-
tionally omitted (Part D); intentionally omitted (Part E); to amend
chapter 260 of the laws of 2011 amending the education law and the New
York state urban development corporation act relating to establishing
components of the NY-SUNY 2020 challenge grant program, in relation to
the effectiveness thereof (Part F); intentionally omitted (Part G); to
amend the social services law, in relation to increasing the standards
of monthly need for aged, blind and disabled persons living in the
community (Part H); intentionally omitted (Part I); intentionally
omitted (Part J); intentionally omitted (Part K); intentionally omit-
ted (Part L); intentionally omitted (Part M); to utilize reserves in
the mortgage insurance fund for various housing purposes (Part N);
intentionally omitted (Part O); intentionally omitted (Part P); inten-
tionally omitted (Part Q); intentionally omitted (Part R); inten-
tionally omitted (Part S); intentionally omitted (Part T); inten-
tionally omitted (Part U); requiring the state university of New York
trustees and city university of New York trustees to jointly develop
recommendations regarding a new formula for financing the operating
costs of community colleges (Part V); to amend the education law, in
relation to permitting tuition assistance program awards to be made to
part-time students enrolled in certain degree granting institutions
chartered or authorized by the New York state board of regents (Part
W); to amend the education law, in relation to increasing the income
eligibility threshold for the tuition assistance program (Part X); to
amend the social services law, in relation to monthly grants and
allowances of public assistance (Part Y); to amend the social services
law, in relation to child care assistance under the child care block
grant (Part Z); to amend the public housing law, in relation to estab-
lishing the housing access voucher program (Part AA); to amend the
A. 8806--B 3
public housing law and the public authorities law, in relation to
establishing the homeownership opportunity connection program (Part
BB); to amend the social services law, in relation to establishing
differential payment rates for child care services provided by
licensed, registered or enrolled child care providers (Part CC); to
amend the public housing law, in relation to establishing the housing
access voucher program (Part DD); in relation to prohibiting the high-
er education services corporation from seeking recovery of awards made
in error during certain academic years due to administrative error
(Part EE); authorizing the creation of a state debt in the amount of
two billion dollars, in relation to creating the smart schools bond
act of 2024 for the purposes of funding capital projects to provide
learning technology equipment or facilities, enhanced internet connec-
tivity for schools and communities, educational facilities to accommo-
date pre-kindergarten programs and install or construct zero-emission
school bus charging infrastructure; and providing for the submission
to the people of a proposition or question therefor to be voted upon
at the general election to be held in November, 2024 (Part FF); to
amend the social services law, in relation to implementing a cost
estimation model for child care (Part GG); to amend the education law
and the state finance law, in relation to implementing the smart
schools bond act of 2024 (Part HH); to amend the general municipal
law, in relation to establishing and certifying pro-housing communi-
ties (Part II); to amend the social services law, in relation to
establishing the Increasing Nutrition Support for Prenatal and Infant
REsiliency ("INSPIRE") pilot program (Part JJ); to amend the education
law, in relation to requiring the use of project labor agreements for
large scale construction projects under the state university
construction fund (Part KK); to amend the executive law, the real
property actions and proceedings law and the real property law, in
relation to establishing the New York state office of civil represen-
tation to provide a right to counsel in eviction proceedings (Part
LL); to amend the education law, in relation to eligibility for the
New York state get on your feet loan forgiveness program (Part MM); to
amend the education law, in relation to extending the duration of
tuition assistance program awards (Part NN); and to amend the educa-
tion law, in relation to the New York state district attorney and
indigent legal services attorney loan forgiveness program (Part OO)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 necessary to implement the state education, labor, housing and family
3 assistance budget for the 2024-2025 state fiscal year. Each component is
4 wholly contained within a Part identified as Parts A through OO. The
5 effective date for each particular provision contained within such Part
6 is set forth in the last section of such Part. Any provision in any
7 section contained within a Part, including the effective date of the
8 Part, which makes a reference to a section "of this act", when used in
9 connection with that particular component, shall be deemed to mean and
10 refer to the corresponding section of the Part in which it is found.
11 Section three of this act sets forth the general effective date of this
12 act.
A. 8806--B 4
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 A of chapter 56 of the laws of
4 2023, 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 the
A. 8806--B 5
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 that submitted a contract for excellence for the two
33 thousand eighteen--two thousand nineteen school year, unless all schools
34 in the district are identified as in good standing, shall submit a
35 contract for excellence for the two thousand nineteen--two thousand
36 twenty school year which shall, notwithstanding the requirements of
37 subparagraph (vi) of paragraph a of subdivision two of this section,
38 provide for the expenditure of an amount which shall be not less than
39 the amount approved by the commissioner in the contract for excellence
40 for the two thousand eighteen--two thousand nineteen school year; and
41 provided further that, a school district that submitted a contract for
42 excellence for the two thousand nineteen--two thousand twenty school
43 year, unless all schools in the district are identified as in good
44 standing, shall submit a contract for excellence for the two thousand
45 twenty--two thousand twenty-one school year which shall, notwithstanding
46 the requirements of subparagraph (vi) of paragraph a of subdivision two
47 of this section, provide for the expenditure of an amount which shall be
48 not less than the amount approved by the commissioner in the contract
49 for excellence for the two thousand nineteen--two thousand twenty school
50 year; and provided further that, a school district that submitted a
51 contract for excellence for the two thousand twenty--two thousand twen-
52 ty-one school year, unless all schools in the district are identified as
53 in good standing, shall submit a contract for excellence for the two
54 thousand twenty-one--two thousand twenty-two school year which shall,
55 notwithstanding the requirements of subparagraph (vi) of paragraph a of
56 subdivision two of this section, provide for the expenditure of an
A. 8806--B 6
1 amount which shall be not less than the amount approved by the commis-
2 sioner in the contract for excellence for the two thousand twenty--two
3 thousand twenty-one school year; and provided further that, a school
4 district that submitted a contract for excellence for the two thousand
5 twenty-one--two thousand twenty-two school year, unless all schools in
6 the district are identified as in good standing, shall submit a contract
7 for excellence for the two thousand twenty-two--two thousand twenty-
8 three school year which shall, notwithstanding the requirements of
9 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 twenty-one--two thousand twenty-two school year;
13 and provided further that, a school district that submitted a contract
14 for excellence for the two thousand twenty-two--two thousand twenty-
15 three school year, unless all schools in the district are identified as
16 in good standing, shall submit a contract for excellence for the two
17 thousand twenty-three--two thousand twenty-four school year which shall,
18 notwithstanding the requirements of subparagraph (vi) of paragraph a of
19 subdivision two of this section, provide for the expenditure of an
20 amount which shall be not less than the amount approved by the commis-
21 sioner in the contract for excellence for the two thousand twenty-two--
22 two thousand twenty-three school year; and provided further that, a
23 school district that submitted a contract for excellence for the two
24 thousand twenty-three--two thousand twenty-four school year, unless all
25 schools in the district are identified as in good standing, shall submit
26 a contract for excellence for the two thousand twenty-four--two thousand
27 twenty-five school year which shall, notwithstanding the requirements of
28 subparagraph (vi) of paragraph a of subdivision two of this section,
29 provide for the expenditure of an amount which shall be not less than
30 the amount approved by the commissioner in the contract for excellence
31 for the two thousand twenty-three--two thousand twenty-four school year;
32 provided, however, that, in a city school district in a city having a
33 population of one million or more, notwithstanding the requirements of
34 subparagraph (vi) of paragraph a of subdivision two of this section, the
35 contract for excellence shall provide for the expenditure as set forth
36 in subparagraph (v) of paragraph a of subdivision two of this section.
37 For purposes of this paragraph, the "gap elimination adjustment percent-
38 age" shall be calculated as the sum of one minus the quotient of the sum
39 of the school district's net gap elimination adjustment for two thousand
40 ten--two thousand eleven computed pursuant to chapter fifty-three of the
41 laws of two thousand ten, making appropriations for the support of
42 government, plus the school district's gap elimination adjustment for
43 two thousand eleven--two thousand twelve as computed pursuant to chapter
44 fifty-three of the laws of two thousand eleven, making appropriations
45 for the support of the local assistance budget, including support for
46 general support for public schools, divided by the total aid for adjust-
47 ment computed pursuant to chapter fifty-three of the laws of two thou-
48 sand eleven, making appropriations for the local assistance budget,
49 including support for general support for public schools. Provided,
50 further, that such amount shall be expended to support and maintain
51 allowable programs and activities approved in the two thousand nine--two
52 thousand ten school year or to support new or expanded allowable
53 programs and activities in the current year.
54 § 2. Intentionally omitted.
A. 8806--B 7
1 § 2-a. Paragraph k of subdivision 4 of section 3602 of the education
2 law, as added by section 2 of part A of chapter 56 of the laws of 2023,
3 is amended to read as follows:
4 k. Foundation aid payable in the two thousand twenty-three--two thou-
5 sand twenty-four and two thousand twenty-four--two thousand twenty-five
6 school [year] years. Notwithstanding any provision of law to the contra-
7 ry, foundation aid payable in the two thousand twenty-three--two thou-
8 sand twenty-four and two thousand twenty-four--two thousand twenty-five
9 school [year] years shall be equal to the sum of the total foundation
10 aid base computed pursuant to paragraph j of subdivision one of this
11 section plus the greater of (a) the positive difference, if any, of (i)
12 total foundation aid computed pursuant to paragraph a of this subdivi-
13 sion less (ii) the total foundation aid base computed pursuant to para-
14 graph j of subdivision one of this section, or (b) the product of three
15 hundredths (0.03) multiplied by the total foundation aid base computed
16 pursuant to paragraph j of subdivision one of this section.
17 § 3. Intentionally omitted.
18 § 4. Intentionally omitted.
19 § 5. Paragraph d of subdivision 4 of section 3602 of the education
20 law, as amended by section 6 of part YYY of chapter 59 of the laws of
21 2019, is amended to read as follows:
22 d. For the two thousand fourteen--two thousand fifteen through two
23 thousand [twenty-three] twenty-eight--two thousand [twenty-four] twen-
24 ty-nine school years a city school district of a city having a popu-
25 lation of one million or more may use amounts apportioned pursuant to
26 this subdivision for afterschool programs.
27 § 6. Intentionally omitted.
28 § 7. Intentionally omitted.
29 § 8. The closing paragraph of subdivision 3 of section 3602 of the
30 education law, as added by section 13 of part B of chapter 57 of the
31 laws of 2007, is amended to read as follows:
32 Such result shall be expressed as a decimal carried to three places
33 without rounding, but shall not be greater than ninety hundredths nor
34 less than zero, provided, however, that for the purpose of computing the
35 state sharing ratio for total foundation aid in the two thousand twen-
36 ty-four--two thousand twenty-five school year and thereafter, such
37 result shall not be greater than ninety-one hundredths.
38 § 8-a. Paragraph b of subdivision 5 of section 1950 of the education
39 law, as amended by chapter 130 of the laws of 2022, is amended to read
40 as follows:
41 b. The cost of services herein referred to shall be the amount allo-
42 cated to each component school district by the board of cooperative
43 educational services to defray expenses of such board, including
44 approved expenses from the testing of potable water systems of occupied
45 school buildings under the board's jurisdiction as required pursuant to
46 section eleven hundred ten of the public health law provided that such
47 expenses for testing of potable water systems are not reimbursable from
48 another state or federal source, except that that part of the salary
49 paid any teacher, supervisor or other employee of the board of cooper-
50 ative educational services which is, (i) for the two thousand twenty-
51 three--two thousand twenty-four and prior school years, in excess of
52 thirty thousand dollars, (ii) for aid payable in the two thousand twen-
53 ty-four--two thousand twenty-five school year in excess of forty thou-
54 sand dollars, (iii) for aid payable in the two thousand twenty-five--
55 two thousand twenty-six school year, in excess of fifty thousand
56 dollars, (iv) for aid payable in the two thousand twenty-six--two thou-
A. 8806--B 8
1 sand twenty-seven school year and thereafter, in excess of sixty thou-
2 sand dollars, shall not be such an approved expense, and except also
3 that administrative and clerical expenses shall not exceed ten percent
4 of the total expenses for purposes of this computation. Any gifts,
5 donations or interest earned by the board of cooperative educational
6 services or on behalf of the board of cooperative educational services
7 by the dormitory authority or any other source shall not be deducted in
8 determining the cost of services allocated to each component school
9 district. Any payments made to a component school district by the board
10 of cooperative educational services pursuant to subdivision eleven of
11 section six-p of the general municipal law attributable to an approved
12 cost of service computed pursuant to this subdivision shall be deducted
13 from the cost of services allocated to such component school district.
14 The expense of transportation provided by the board of cooperative
15 educational services pursuant to paragraph q of subdivision four of this
16 section shall be eligible for aid apportioned pursuant to subdivision
17 seven of section thirty-six hundred two of this chapter and no board of
18 cooperative educational services transportation expense shall be an
19 approved cost of services for the computation of aid under this subdivi-
20 sion. Transportation expense pursuant to paragraph q of subdivision
21 four of this section shall be included in the computation of the ten
22 percent limitation on administrative and clerical expenses.
23 § 8-b. Paragraph b of subdivision 10 of section 3602 of the education
24 law, as amended by section 16 of part B of chapter 57 of the laws of
25 2007, is amended to read as follows:
26 b. Aid for career education. There shall be apportioned to such city
27 school districts and other school districts which were not components of
28 a board of cooperative educational services in the base year for pupils
29 in grades [ten] nine through twelve in attendance in career education
30 programs as such programs are defined by the commissioner, subject for
31 the purposes of this paragraph to the approval of the director of the
32 budget, an amount for each such pupil to be computed by multiplying the
33 career education aid ratio by three thousand nine hundred dollars. Such
34 aid will be payable for weighted pupils attending career education
35 programs operated by the school district and for weighted pupils for
36 whom such school district contracts with boards of cooperative educa-
37 tional services to attend career education programs operated by a board
38 of cooperative educational services. Weighted pupils for the purposes of
39 this paragraph shall mean the sum of the product of the attendance of
40 students in grade nine multiplied by the special services phase-in
41 factor, plus the attendance of students in grades ten through twelve in
42 career education sequences in trade, industrial, technical, agricultural
43 or health programs, plus the product of sixteen hundredths multiplied by
44 the sum of the product of the attendance of students in grade nine
45 multiplied by the special services phase-in factor, plus the attendance
46 of students in grades ten through twelve in career education sequences
47 in business and marketing as defined by the commissioner in regulations;
48 provided that the special services phase-in factor shall be (i) for
49 the two thousand twenty-four--two thousand twenty-five school year,
50 thirty-three percent (0.33), (ii) for the two thousand twenty-five--two
51 thousand twenty-six school year, sixty-six percent (0.66), (iii)
52 for the two thousand twenty-six--two thousand twenty-seven school year
53 and thereafter, one hundred percent (1.0). The career education aid
54 ratio shall be computed by subtracting from one the product obtained by
55 multiplying fifty-nine percent by the combined wealth ratio. This aid
A. 8806--B 9
1 ratio shall be expressed as a decimal carried to three places without
2 rounding, but not less than thirty-six percent.
3 Any school district that receives aid pursuant to this paragraph shall
4 be required to use such amount to support career education programs in
5 the current year.
6 A board of education which spends less than its local funds as defined
7 by regulations of the commissioner for career education in the base year
8 during the current year shall have its apportionment under this subdivi-
9 sion reduced in an amount equal to such deficiency in the current or a
10 succeeding school year, provided however that the commissioner may waive
11 such reduction upon determination that overall expenditures per pupil in
12 support of career education programs were continued at a level equal to
13 or greater than the level of such overall expenditures per pupil in the
14 preceding school year.
15 § 9. Intentionally omitted.
16 § 10. Intentionally omitted.
17 § 11. Subparagraphs 2 and 3 of paragraph b of subdivision 6-f of
18 section 3602 of the education law, as added by section 19 of part H of
19 chapter 83 of the laws of 2002, are amended to read as follows:
20 (2) is a construction emergency project to remediate emergency situ-
21 ations which arise in public school buildings and threaten the health
22 and/or safety of building occupants, as a result of the unanticipated
23 discovery of asbestos or other hazardous substances during construction
24 work on a school or significant damage caused by a fire, snow storm, ice
25 storm, excessive rain, high winds, flood or a similar catastrophic event
26 which results in the necessity for immediate repair[; and/or
27 (3) if bonded pursuant to paragraph j of subdivision six of this
28 section, would cause a city school district in a city having a popu-
29 lation of less than one hundred twenty-five thousand inhabitants to
30 exceed ninety-five percent of its constitutional debt limit provided,
31 however, that any debt issued pursuant to paragraph c of section 104.00
32 of the local finance law shall not be included in such calculation].
33 § 11-a. Subparagraph 1 of paragraph b of subdivision 6-f of section
34 3602 of the education law, as added by section 19 of part H of chapter
35 83 of the laws of 2002, is amended to read as follows:
36 (1) has a total project cost of [one hundred] two hundred fifty thou-
37 sand dollars or less; provided however, that for any district, no more
38 than one project shall be eligible pursuant to this subparagraph for an
39 apportionment within the same school year; and/or
40 § 12. The opening paragraph of subdivision 2 of section 3623-a of the
41 education law, as added by chapter 474 of the laws of 1996, is amended
42 to read as follows:
43 Allowable transportation capital, debt service and lease expense shall
44 include base year expenditures [for:] as described in this subdivision,
45 net of revenue received with the express purpose of funding such expend-
46 itures as prescribed by the commissioner, except as provided in para-
47 graph d of subdivision three of this section.
48 § 13. Subdivision 3 of section 3623-a of the education law is amended
49 by adding added a new paragraph d to read as follows:
50 d. (1) For aid payable in the two thousand twenty-four--two thousand
51 twenty-five school year and thereafter, notwithstanding any provision of
52 law to the contrary, approved transportation capital, debt service, and
53 lease expenses for apportionments to school districts under subdivision
54 seven of section thirty-six hundred two of this article shall include
55 the final value of any vouchers paid on behalf of a school district,
56 payments, and grants authorized pursuant to section 58-0701 of the envi-
A. 8806--B 10
1 ronmental conservation law for costs associated with the purchase of or
2 conversion to zero-emission school buses and supporting infrastructure.
3 (2) In the case of allowable expenses for transportation capital, debt
4 service, or leases which are related to costs associated with the
5 purchase of or conversion to zero-emission school buses and supporting
6 infrastructure and which are supported in whole or in part by vouchers,
7 payments, or grants authorized under section 58-0701 of the environ-
8 mental conservation law, such allowable expenses at the time in which
9 the expense is claimed for aid shall not exceed the sum of (i) the prod-
10 uct of the transportation aid ratio calculated pursuant to subdivision
11 seven of section thirty-six hundred two of this article multiplied by
12 allowable expenses, plus (ii) the final value of any such vouchers paid
13 on behalf of a school district, payments, and grants authorized under
14 section 58-0701 of the environmental conservation law.
15 (3) The entity authorized to provide state assistance payments or
16 grants pursuant to subdivision two of section 58-0703 of the environ-
17 mental conservation law shall provide to the commissioner a list of
18 grants awarded and payments to each school district or vouchers paid on
19 behalf of a school district for the purchase of or conversion to zero-
20 emission school buses and supporting infrastructure no later than one
21 month prior to the end of each calendar year and each school year. This
22 list shall include the type and number of zero-emission school buses to
23 be funded by these payments or grants, the supporting infrastructure to
24 be funded by these payments or grants, the award amounts of each payment
25 or grant, the direct recipient of each payment or grant, the district
26 receiving such payment or grant or that benefitted from such voucher,
27 the date on which the payment or grant was received, and any other
28 information necessary for the calculation of aid pursuant to subdivision
29 seven of section thirty-six hundred two of this article.
30 § 14. Paragraph i of subdivision 12 of section 3602 of the education
31 law, as amended by section 10 of part A of chapter 56 of the laws of
32 2023, is amended to read as follows:
33 i. For the two thousand twenty-one--two thousand twenty-two school
34 year through the two thousand [twenty-three] twenty-four--two thousand
35 [twenty-four] twenty-five school year, each school district shall be
36 entitled to an apportionment equal to the amount set forth for such
37 school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21
38 ESTIMATED AIDS" in the school aid computer listing produced by the
39 commissioner in support of the budget for the two thousand twenty--two
40 thousand twenty-one school year and entitled "SA202-1", and such appor-
41 tionment shall be deemed to satisfy the state obligation to provide an
42 apportionment pursuant to subdivision eight of section thirty-six
43 hundred forty-one of this article.
44 § 15. The opening paragraph of subdivision 16 of section 3602 of the
45 education law, as amended by section 11 of part A of chapter 56 of the
46 laws of 2023, is amended to read as follows:
47 Each school district shall be eligible to receive a high tax aid
48 apportionment in the two thousand eight--two thousand nine school year,
49 which shall equal the greater of (i) the sum of the tier 1 high tax aid
50 apportionment, the tier 2 high tax aid apportionment and the tier 3 high
51 tax aid apportionment or (ii) the product of the apportionment received
52 by the school district pursuant to this subdivision in the two thousand
53 seven--two thousand eight school year, multiplied by the due-minimum
54 factor, which shall equal, for districts with an alternate pupil wealth
55 ratio computed pursuant to paragraph b of subdivision three of this
56 section that is less than two, seventy percent (0.70), and for all other
A. 8806--B 11
1 districts, fifty percent (0.50). Each school district shall be eligible
2 to receive a high tax aid apportionment in the two thousand nine--two
3 thousand ten through two thousand twelve--two thousand thirteen school
4 years in the amount set forth for such school district as "HIGH TAX AID"
5 under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
6 listing produced by the commissioner in support of the budget for the
7 two thousand nine--two thousand ten school year and entitled "SA0910".
8 Each school district shall be eligible to receive a high tax aid appor-
9 tionment in the two thousand thirteen--two thousand fourteen through two
10 thousand [twenty-three] twenty-four--two thousand [twenty-four] twenty-
11 five school year equal to the greater of (1) the amount set forth for
12 such school district as "HIGH TAX AID" under the heading "2008-09 BASE
13 YEAR AIDS" in the school aid computer listing produced by the commis-
14 sioner in support of the budget for the two thousand nine--two thousand
15 ten school year and entitled "SA0910" or (2) the amount set forth for
16 such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
17 MATED AIDS" in the school aid computer listing produced by the commis-
18 sioner in support of the executive budget for the 2013-14 fiscal year
19 and entitled "BT131-4".
20 § 15-a. Subparagraph 9 of paragraph a of subdivision 6 of section 3602
21 of the education law, as added by chapter 617 of the laws of 2021, is
22 renumbered subparagraph 11 and a new subparagraph 12 is added to read as
23 follows:
24 (12) Notwithstanding any other provision of law to the contrary, for
25 the purpose of computation of building aid for construction, recon-
26 struction or modernizing of no more than one project by the Binghamton
27 city school district, multi-year cost allowances for the project shall
28 be established and utilized two times in the first five-year period.
29 Subsequent multi-year cost allowances shall be established no sooner
30 than ten years after establishment of the first maximum cost allowance
31 authorized pursuant to this subparagraph.
32 § 16. Paragraph d of subdivision 10 of section 3602-e of the education
33 law, as amended by section 23-c of part A of chapter 56 of the laws of
34 2021, is amended to read as follows:
35 d. Notwithstanding any other provision of this section, apportionments
36 under this section greater than the amounts provided in the two thousand
37 sixteen--two thousand seventeen school year shall only be used to
38 supplement and not supplant current local expenditures of [state or]
39 local funds on prekindergarten programs and the number of eligible full-
40 day four-year-old prekindergarten pupils and eligible full-day three-
41 year-old prekindergarten pupils in such programs from such sources.
42 Current local expenditures shall include any local expenditures of
43 [state or] local funds used to supplement or extend services provided
44 directly or via contract to eligible children enrolled in a universal
45 prekindergarten program pursuant to this section.
46 § 17. Subdivision 13 of section 3602-ee of the education law, as added
47 by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
48 read as follows:
49 13. Apportionments under this section shall only be used to supplement
50 and not supplant current local expenditures of federal[, state] or local
51 funds on pre-kindergarten programs and the number of slots in such
52 programs from such sources. Current local expenditures shall include any
53 local expenditures of federal[, state] or local funds used to supplement
54 or extend services provided directly or via contract to eligible chil-
55 dren enrolled in a universal pre-kindergarten program pursuant to
56 section thirty-six hundred two-e of this part.
A. 8806--B 12
1 § 17-a. Section 3627 of the education law, as amended by section 7 of
2 part A of chapter 56 of the laws of 2014 and subdivision 4 as amended by
3 section 18-a of part A of chapter 56 of the laws of 2023, is amended to
4 read as follows:
5 § 3627. Transportation after 4pm. 1. Transportation after 4pm for a
6 city school district located in a city having a population of one
7 million or more. a. Notwithstanding any other provisions of this
8 [section] subdivision to the contrary, for the two thousand thirteen--
9 two thousand fourteen and two thousand fourteen--two thousand fifteen
10 school year and thereafter, a city school district located in a city
11 having a population of one million or more providing transportation
12 pursuant to this chapter shall be responsible for:
13 [(a)] (i) providing transportation for those children attending public
14 and nonpublic schools in grades kindergarten through six who remain at
15 the same school for which they are enrolled for regularly scheduled
16 academic classes from half-past nine o'clock in the morning or earlier
17 until four o'clock in the afternoon or later, on weekdays, and reside at
18 least one mile from their school of attendance for grades three through
19 six, and at least one-half mile from their school of attendance for
20 grades kindergarten through two or
21 [(b)] (ii) reimbursing the cost incurred by licensed transportation
22 carriers pursuant to contracts with such school district for providing
23 transportation for those children attending public and nonpublic schools
24 in grades kindergarten through six who remain at the same school for
25 which they are enrolled for regularly scheduled academic classes from
26 half-past nine o'clock in the morning or earlier until four o'clock in
27 the afternoon or later, on weekdays, and reside at least one mile from
28 their school of attendance for grades three through six, and at least
29 one-half mile from their school of attendance for grades kindergarten
30 through two.
31 [2.] b. Nothing herein shall prohibit the school district from reim-
32 bursing for costs incurred for contracts between the school district and
33 any entity providing or contracting for such transportation service.
34 [3.] c. A district shall not be deemed to have satisfied its obli-
35 gation under this [section] subdivision by providing public service
36 transportation.
37 [4.] d. Notwithstanding any other provision of law to the contrary,
38 any expenditures for transportation provided pursuant to this [section]
39 subdivision in the two thousand thirteen--two thousand fourteen school
40 year and thereafter and otherwise eligible for transportation aid pursu-
41 ant to subdivision seven of section thirty-six hundred two of this arti-
42 cle shall be considered approved transportation expenses eligible for
43 transportation aid, provided further that for the two thousand thir-
44 teen--two thousand fourteen school year such aid shall be limited to
45 eight million one hundred thousand dollars and for the two thousand
46 fourteen--two thousand fifteen school year such aid shall be limited to
47 the sum of twelve million six hundred thousand dollars plus the base
48 amount and for the two thousand fifteen--two thousand sixteen school
49 year through two thousand eighteen--two thousand nineteen school year
50 such aid shall be limited to the sum of eighteen million eight hundred
51 fifty thousand dollars plus the base amount and for the two thousand
52 nineteen--two thousand twenty school year such aid shall be limited to
53 the sum of nineteen million three hundred fifty thousand dollars plus
54 the base amount and for the two thousand twenty--two thousand twenty-one
55 school year such aid shall be limited to the sum of nineteen million
56 eight hundred fifty thousand dollars plus the base amount and for the
A. 8806--B 13
1 two thousand twenty-two--two thousand twenty-three school year such aid
2 shall be limited to the sum of twenty-two million three hundred fifty
3 thousand dollars plus the base amount and for the two thousand twenty-
4 three--two thousand twenty-four school year [and thereafter] such aid
5 shall be limited to the sum of twenty-four million eight hundred fifty
6 thousand dollars plus the base amount and for the two thousand twenty-
7 four--two thousand twenty-five school year such aid shall be limited to
8 the sum of twenty-nine million eight hundred fifty thousand dollars plus
9 the base amount and for the two thousand twenty-five--two thousand twen-
10 ty-six school year and thereafter such aid shall be limited to the maxi-
11 mum amount of aid from the base year plus the product of (i) the maximum
12 amount of aid under this subdivision from the base year, multiplied by
13 (ii) the product of two and one-half, further multiplied by (ii) the
14 positive difference of the personal income growth index as defined in
15 paragraph bb of subdivision one of section thirty-six hundred two of
16 this article less one. For purposes of this [subdivision] paragraph,
17 "base amount" means the amount of transportation aid paid to the school
18 district for expenditures incurred in the two thousand twelve--two thou-
19 sand thirteen school year for transportation that would have been eligi-
20 ble for aid pursuant to this section had this section been in effect in
21 such school year, except that [subdivision six] paragraph f of this
22 [section] subdivision shall be deemed not to have been in effect. And
23 provided further that the school district shall continue to annually
24 expend for the transportation described in [subdivision one] paragraph a
25 of this [section] subdivision at least the expenditures used for the
26 base amount.
27 [5.] e. Notwithstanding any other provision of this [section] subdivi-
28 sion to the contrary, in no event shall such city school district, in
29 order to comply with the requirements of this [section] subdivision, be
30 required to incur any costs in excess of the amount eligible for trans-
31 portation aid pursuant to [subdivision four] paragraph d of this
32 [section] subdivision. In the event such amount is insufficient, the
33 city school district of New York shall provide transportation services
34 within such amount on an equitable basis, until such apportionment is
35 exhausted.
36 [6.] f. The chancellor of such school district, in consultation with
37 the commissioner, shall prescribe the most cost effective system for
38 implementing the requirements of this [section] subdivision, taking into
39 consideration: [(a)] (i) the costs associated with [paragraphs (a) and
40 (b) of] subparagraphs (i) and (ii) of paragraph a of this subdivision
41 [one of this section], and [(b)] (ii) policies that attempt to maximize
42 student safety for the student to be transported, which for purposes of
43 this section shall include whether the pick up or drop off site of the
44 transportation is:
45 (i) not further than 600 feet from the student's residence; and/or
46 (ii) at the same locations for any family that have children at the
47 same residence who attend two or more different schools.
48 [7. (a)] g. (i) In the event the chancellor has not satisfied a
49 district's obligation under this [section] subdivision, a parent or
50 guardian or any representative authorized by such parent or guardian of
51 a child eligible to receive transportation under this [section] subdivi-
52 sion may request the commissioner to arrange for the provision of the
53 transportation to so satisfy the requirements of this [section] subdivi-
54 sion.
55 [(b)] (ii) If within sixty days of receiving a request from such a
56 parent or guardian or any representative authorized by such parent or
A. 8806--B 14
1 guardian, the commissioner determines that the chancellor has not satis-
2 fied a district's obligation under this [section] subdivision, then the
3 commissioner shall immediately direct the chancellor to contract with a
4 licensed transportation carrier to provide the transportation required
5 pursuant to this [section] subdivision.
6 [(c)] (iii) In the event the chancellor is directed by the commission-
7 er to contract with a licensed transportation carrier to provide the
8 transportation required pursuant to this [section] subdivision, the
9 chancellor shall provide the commissioner with a copy of such proposed
10 contract, before it becomes effective, and the commissioner shall have
11 the power to approve, disapprove or require amendments to such contract
12 before it shall become effective.
13 [(d)] (iv) A district, determined by the commissioner to not be in
14 compliance with the requirements of this [section] subdivision, shall be
15 responsible for the cost of any transportation contract awarded by the
16 chancellor.
17 [8.] h. The parent or guardian, or any representative authorized by
18 such parent or guardian, may submit a written request for transportation
19 under this [section] subdivision, in the same manner and upon the same
20 dates as are required for a request for transportation pursuant to
21 subdivision two of section thirty-six hundred thirty-five of this arti-
22 cle.
23 2. Transportation after 4pm for Sullivan county. a. Notwithstanding
24 any other provisions of this article to the contrary, for two thousand
25 twenty-four--two thousand twenty-five school year and thereafter, in the
26 county of Sullivan, a child who resides in an area containing at least
27 fifty children within a five mile radius who remains at the same school
28 for which they are enrolled for regularly scheduled academic classes
29 from half-past nine o'clock in the morning or earlier until four o'clock
30 in the afternoon or later, on weekdays, shall be provided with transpor-
31 tation pursuant to this subdivision.
32 (i) Such transportation shall be provided to all children attending
33 grades kindergarten through eight who live more than two miles from the
34 school which they legally attend and for all children attending grades
35 nine through twelve who live more than three miles from the school which
36 they legally attend, and shall be provided for each such pupil up to a
37 distance of fifteen miles, the distances in each case being measured by
38 the nearest available route from home to school.
39 (ii) Such transportation shall be provided by (1) school districts
40 pursuant to section thirty-six hundred thirty-five of this article, (2)
41 licensed transportation carriers pursuant to contracts with such school
42 districts, or (3) licensed transportation carriers pursuant to contracts
43 with another entity, provided further that school districts shall reim-
44 burse such entities at a cost equal to or less than the average cost to
45 transport a public school student in such district.
46 (iii) Nothing herein shall prohibit a school district from reimbursing
47 for costs incurred for contracts between the school district and any
48 entity providing or contracting for such transportation services.
49 b. The parent or guardian, or any representative authorized by such
50 parent or guardian, may submit a written request for transportation
51 under this subdivision, in the same manner and upon the same dates as
52 are required for a request for transportation pursuant to subdivision
53 two of section thirty-six hundred thirty-five of this article.
54 c. The board of education shall prescribe the most cost-effective
55 system for implementing the requirements of this subdivision, taking
A. 8806--B 15
1 into consideration policies that maximize student safety for the student
2 to be transported.
3 § 18. Subdivision 16 of section 3602-ee of the education law, as
4 amended by section 16 of part A of chapter 56 of the laws of 2023, is
5 amended to read as follows:
6 16. The authority of the department to administer the universal full-
7 day pre-kindergarten program shall expire June thirtieth, two thousand
8 [twenty-four] twenty-five; provided that the program shall continue and
9 remain in full effect.
10 § 18-a. Subparagraph (ix) of the opening paragraph of subdivision 10
11 of section 3602-e of the education law, as added by section 17-c of part
12 A of chapter 56 of the laws of 2022, is amended and a new paragraph (x)
13 is added to read as follows:
14 (ix) for the two thousand twenty-two--two thousand twenty-three
15 through the two thousand twenty-three--two thousand twenty-four school
16 year [and thereafter], each school district shall be eligible to receive
17 a grant amount equal to the sum of (A) the amount set forth for such
18 school district as "UNIVERSAL PREKINDERGARTEN ALLOCATION" on the comput-
19 er file produced by the commissioner in support of the enacted budget
20 for the prior year excluding amounts subject to section thirty-six
21 hundred two-ee of this part and further excluding amounts paid pursuant
22 to subdivision nineteen of this section plus (B) the Full-day 4-Year-Old
23 Universal Prekindergarten Expansion added pursuant to paragraph e of
24 subdivision nineteen of this section, provided that such school district
25 has met all requirements pursuant to this section and such grants shall
26 be added into a four-year-old grant amount based on the amount each
27 district was eligible to receive in the base year to serve four-year-old
28 prekindergarten pupils, plus (C) funds allocated pursuant to a universal
29 prekindergarten expansion under subdivision twenty of this section as of
30 the school aid computer listing produced by the commissioner in support
31 of the enacted budget for the current year, provided that such grant
32 amounts shall be divided into a four-year-old grant amount based on the
33 amount each district was eligible to receive in the base year to serve
34 four-year-old prekindergarten pupils, if any, and a three-year-old grant
35 amount based on the amount each district was eligible to receive in the
36 base year to serve three-year-old pupils, if any, and provided further
37 that the maximum grant shall not exceed the total actual grant expendi-
38 tures incurred by the school district in the current school year as
39 approved by the commissioner[.], and
40 (x) for the two thousand twenty-four--two thousand twenty-five school
41 year and thereafter, each school district shall be eligible to receive a
42 grant amount equal to the greater of the amount provided under subpara-
43 graph (ix) of this paragraph or the product of (A) the sum of (1) eligi-
44 ble half-day three-year-old prekindergarten pupils weighted at 0.5 as
45 defined in clause two of subparagraph (iii) of paragraph b of this
46 subdivision, plus (2) eligible full-day three-year-old prekindergarten
47 pupils as defined in clause two of subparagraph (ii) of paragraph b of
48 this subdivision, plus (3) eligible half-day four-year-old prekindergar-
49 ten pupils weighted at 0.5 as defined in clause one of subparagraph
50 (iii) of paragraph b of this subdivision, plus (4) eligible full-day
51 four-year-old prekindergarten pupils as defined in clause one of subpar-
52 agraph (ii) of paragraph b of this subdivision, multiplied by (B) seven
53 thousand dollars ($7,000), provided that, the maximum grant shall not
54 exceed the total actual grant expenditures incurred by the school
55 district in the current school year as approved by the commissioner.
A. 8806--B 16
1 § 18-b. Subparagraph (i) of paragraph b of subdivision 10 of section
2 3602-e of the education law, as amended by section 23-c of part A of
3 chapter 56 of the laws of 2021, is amended to read as follows:
4 (i) "Selected aid per prekindergarten pupil" shall equal the greater
5 of (A) the product of five-tenths and the school district's selected
6 foundation aid for the current year, or (B) three thousand five hundred
7 dollars ($3,500), or (C) the aid per prekindergarten pupil calculated
8 pursuant to this subdivision for the two thousand six-two thousand seven
9 school year, based on data on file for the school aid computer listing
10 produced by the commissioner in support of the enacted budget for the
11 two thousand six--two thousand seven school year and entitled
12 "SA060-7"[; provided, however, that in the two thousand eight--two thou-
13 sand nine school year, a city school district in a city having a popu-
14 lation of one million inhabitants or more shall not be eligible to
15 select aid per prekindergarten pupil pursuant to clause (A) of this
16 subparagraph];
17 § 19. Intentionally omitted.
18 § 20. Intentionally omitted.
19 § 21. Intentionally omitted.
20 § 22. Intentionally omitted.
21 § 23. The opening paragraph of section 3609-a of the education law, as
22 amended by section 18 of part A of chapter 56 of the laws of 2023, is
23 amended to read as follows:
24 For aid payable in the two thousand seven--two thousand eight school
25 year through the [two thousand twenty-three--two thousand twenty-four]
26 two thousand twenty-four--two thousand twenty-five school year, "moneys
27 apportioned" shall mean the lesser of (i) the sum of one hundred percent
28 of the respective amount set forth for each school district as payable
29 pursuant to this section in the school aid computer listing for the
30 current year produced by the commissioner in support of the budget which
31 includes the appropriation for the general support for public schools
32 for the prescribed payments and individualized payments due prior to
33 April first for the current year plus the apportionment payable during
34 the current school year pursuant to subdivision six-a and subdivision
35 fifteen of section thirty-six hundred two of this part minus any
36 reductions to current year aids pursuant to subdivision seven of section
37 thirty-six hundred four of this part or any deduction from apportionment
38 payable pursuant to this chapter for collection of a school district
39 basic contribution as defined in subdivision eight of section forty-four
40 hundred one of this chapter, less any grants provided pursuant to
41 subparagraph two-a of paragraph b of subdivision four of section nine-
42 ty-two-c of the state finance law, less any grants provided pursuant to
43 subdivision five of section ninety-seven-nnnn of the state finance law,
44 less any grants provided pursuant to subdivision twelve of section thir-
45 ty-six hundred forty-one of this article, or (ii) the apportionment
46 calculated by the commissioner based on data on file at the time the
47 payment is processed; provided however, that for the purposes of any
48 payments made pursuant to this section prior to the first business day
49 of June of the current year, moneys apportioned shall not include any
50 aids payable pursuant to subdivisions six and fourteen, if applicable,
51 of section thirty-six hundred two of this part as current year aid for
52 debt service on bond anticipation notes and/or bonds first issued in the
53 current year or any aids payable for full-day kindergarten for the
54 current year pursuant to subdivision nine of section thirty-six hundred
55 two of this part. The definitions of "base year" and "current year" as
56 set forth in subdivision one of section thirty-six hundred two of this
A. 8806--B 17
1 part shall apply to this section. [For aid payable in the two thousand
2 twenty-three--two thousand twenty-four school year, reference to such
3 "school aid computer listing for the current year" shall mean the print-
4 outs entitled "SA232-4".] For aid payable in the two thousand twenty-
5 four--two thousand twenty-five school year and thereafter, reference to
6 such "school aid computer listing for the current year" shall mean the
7 printouts entitled "SA242-5".
8 § 24. Paragraph b of subdivision 2 of section 3612 of the education
9 law, as amended by section 22 of part YYY of chapter 59 of the laws of
10 2019, is amended to read as follows:
11 b. Such grants shall be awarded to school districts, within the limits
12 of funds appropriated therefor, through a competitive process that takes
13 into consideration the magnitude of any shortage of teachers in the
14 school district, the number of teachers employed in the school district
15 who hold temporary licenses to teach in the public schools of the state,
16 the number of provisionally certified teachers, the fiscal capacity and
17 geographic sparsity of the district, the number of new teachers the
18 school district intends to hire in the coming school year and the number
19 of summer in the city student internships proposed by an eligible school
20 district, if applicable. Grants provided pursuant to this section shall
21 be used only for the purposes enumerated in this section. Notwithstand-
22 ing any other provision of law to the contrary, a city school district
23 in a city having a population of one million or more inhabitants receiv-
24 ing a grant pursuant to this section may use no more than eighty percent
25 of such grant funds for any recruitment, retention and certification
26 costs associated with transitional certification of teacher candidates
27 for the school years two thousand one--two thousand two through two
28 thousand [twenty-three] twenty-eight--two thousand [twenty-four] twen-
29 ty-nine.
30 § 25. Subdivision 6 of section 4402 of the education law, as amended
31 by section 23 of part YYY of chapter 59 of the laws of 2019, is amended
32 to read as follows:
33 6. Notwithstanding any other law, rule or regulation to the contrary,
34 the board of education of a city school district with a population of
35 one hundred twenty-five thousand or more inhabitants shall be permitted
36 to establish maximum class sizes for special classes for certain
37 students with disabilities in accordance with the provisions of this
38 subdivision. For the purpose of obtaining relief from any adverse fiscal
39 impact from under-utilization of special education resources due to low
40 student attendance in special education classes at the middle and
41 secondary level as determined by the commissioner, such boards of educa-
42 tion shall, during the school years nineteen hundred ninety-five--nine-
43 ty-six through June thirtieth, two thousand [twenty-four] twenty-nine,
44 be authorized to increase class sizes in special classes containing
45 students with disabilities whose age ranges are equivalent to those of
46 students in middle and secondary schools as defined by the commissioner
47 for purposes of this section by up to but not to exceed one and two
48 tenths times the applicable maximum class size specified in regulations
49 of the commissioner rounded up to the nearest whole number, provided
50 that in a city school district having a population of one million or
51 more, classes that have a maximum class size of fifteen may be increased
52 by no more than one student and provided that the projected average
53 class size shall not exceed the maximum specified in the applicable
54 regulation, provided that such authorization shall terminate on June
55 thirtieth, two thousand. Such authorization shall be granted upon filing
56 of a notice by such a board of education with the commissioner stating
A. 8806--B 18
1 the board's intention to increase such class sizes and a certification
2 that the board will conduct a study of attendance problems at the
3 secondary level and will implement a corrective action plan to increase
4 the rate of attendance of students in such classes to at least the rate
5 for students attending regular education classes in secondary schools of
6 the district. Such corrective action plan shall be submitted for
7 approval by the commissioner by a date during the school year in which
8 such board increases class sizes as provided pursuant to this subdivi-
9 sion to be prescribed by the commissioner. Upon at least thirty days
10 notice to the board of education, after conclusion of the school year in
11 which such board increases class sizes as provided pursuant to this
12 subdivision, the commissioner shall be authorized to terminate such
13 authorization upon a finding that the board has failed to develop or
14 implement an approved corrective action plan.
15 § 26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
16 of 1995, amending the education law and other laws relating to state aid
17 to school districts and the appropriation of funds for the support of
18 government, as amended by section 38 of part YYY of chapter 59 of the
19 laws of 2019, are amended to read as follows:
20 (22) sections one hundred twelve, one hundred thirteen, one hundred
21 fourteen, one hundred fifteen and one hundred sixteen of this act shall
22 take effect on July 1, 1995; provided, however, that section one hundred
23 thirteen of this act shall remain in full force and effect until July 1,
24 [2024] 2029 at which time it shall be deemed repealed;
25 (24) sections one hundred eighteen through one hundred thirty of this
26 act shall be deemed to have been in full force and effect on and after
27 July 1, 1995; provided further, however, that the amendments made pursu-
28 ant to section one hundred twenty-four of this act shall be deemed to be
29 repealed on and after July 1, [2024] 2029;
30 § 27. Subdivision b of section 2 of chapter 756 of the laws of 1992,
31 relating to funding a program for work force education conducted by the
32 consortium for worker education in New York city, as amended by section
33 20 of part A of chapter 56 of the laws of 2023, is amended to read as
34 follows:
35 b. Reimbursement for programs approved in accordance with subdivision
36 a of this section for the reimbursement for the 2018--2019 school year
37 shall not exceed 59.4 percent of the lesser of such approvable costs per
38 contact hour or fourteen dollars and ninety-five cents per contact hour,
39 reimbursement for the 2019--2020 school year shall not exceed 57.7
40 percent of the lesser of such approvable costs per contact hour or
41 fifteen dollars sixty cents per contact hour, reimbursement for the
42 2020--2021 school year shall not exceed 56.9 percent of the lesser of
43 such approvable costs per contact hour or sixteen dollars and twenty-
44 five cents per contact hour, reimbursement for the 2021--2022 school
45 year shall not exceed 56.0 percent of the lesser of such approvable
46 costs per contact hour or sixteen dollars and forty cents per contact
47 hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
48 percent of the lesser of such approvable costs per contact hour or
49 sixteen dollars and sixty cents per contact hour, [and] reimbursement
50 for the 2023--2024 school year shall not exceed 54.7 percent of the
51 lesser of such approvable costs per contact hour or seventeen dollars
52 and seventy cents per contact hour, and reimbursement for the 2024--2025
53 school year shall not exceed 56.6 percent of the lesser of such approva-
54 ble costs per contact hour or eighteen dollars and seventy cents per
55 contact hour, and where a contact hour represents sixty minutes of
56 instruction services provided to an eligible adult. Notwithstanding any
A. 8806--B 19
1 other provision of law to the contrary, for the 2018--2019 school year
2 such contact hours shall not exceed one million four hundred sixty-three
3 thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
4 year such contact hours shall not exceed one million four hundred
5 forty-four thousand four hundred forty-four (1,444,444); for the
6 2020--2021 school year such contact hours shall not exceed one million
7 four hundred six thousand nine hundred twenty-six (1,406,926); for the
8 2021--2022 school year such contact hours shall not exceed one million
9 four hundred sixteen thousand one hundred twenty-two (1,416,122); for
10 the 2022--2023 school year such contact hours shall not exceed one
11 million four hundred six thousand nine hundred twenty-six (1,406,926);
12 [and] for the 2023--2024 school year such contact hours shall not exceed
13 one million three hundred forty-two thousand nine hundred seventy-five
14 (1,342,975); and for the 2024--2025 school year such contact hours shall
15 not exceed one million two hundred twenty-eight thousand seven hundred
16 thirty-three (1,228,733). Notwithstanding any other provision of law to
17 the contrary, the apportionment calculated for the city school district
18 of the city of New York pursuant to subdivision 11 of section 3602 of
19 the education law shall be computed as if such contact hours provided by
20 the consortium for worker education, not to exceed the contact hours set
21 forth herein, were eligible for aid in accordance with the provisions of
22 such subdivision 11 of section 3602 of the education law.
23 § 28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
24 ing a program for work force education conducted by the consortium for
25 worker education in New York city, is amended by adding a new subdivi-
26 sion cc to read as follows:
27 cc. The provisions of this subdivision shall not apply after the
28 completion of payments for the 2024-25 school year. Notwithstanding any
29 inconsistent provisions of law, the commissioner of education shall
30 withhold a portion of employment preparation education aid due to the
31 city school district of the city of New York to support a portion of the
32 costs of the work force education program. Such moneys shall be credited
33 to the elementary and secondary education fund-local assistance account
34 and shall not exceed thirteen million dollars ($13,000,000).
35 § 29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
36 ing a program for work force education conducted by the consortium for
37 worker education in New York city, as amended by section 22 of part A of
38 chapter 56 of the laws of 2023, is amended to read as follows:
39 § 6. This act shall take effect July 1, 1992, and shall be deemed
40 repealed June 30, [2024] 2025.
41 § 29-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
42 tion law, as amended by section 22-a of part A of chapter 56 of the laws
43 of 2023, is amended to read as follows:
44 a-1. Notwithstanding the provisions of paragraph a of this subdivi-
45 sion, for aid payable in the school years two thousand--two thousand one
46 through two thousand nine--two thousand ten, and two thousand eleven--
47 two thousand twelve [through two thousand twenty-three--two thousand
48 twenty-four] and thereafter, the commissioner may set aside an amount
49 not to exceed two million five hundred thousand dollars from the funds
50 appropriated for purposes of this subdivision for the purpose of serving
51 persons twenty-one years of age or older who have not been enrolled in
52 any school for the preceding school year, including persons who have
53 received a high school diploma or high school equivalency diploma but
54 fail to demonstrate basic educational competencies as defined in regu-
55 lation by the commissioner, when measured by accepted standardized
A. 8806--B 20
1 tests, and who shall be eligible to attend employment preparation educa-
2 tion programs operated pursuant to this subdivision.
3 § 30. Paragraph (d) of subdivision 1 of section 2856 of the education
4 law, as amended by section 36-c of part A of chapter 56 of the laws of
5 2021, is amended to read as follows:
6 (d) School districts shall be eligible for an annual apportionment
7 equal to the amount of the supplemental basic tuition for the charter
8 school in the base year for the expenses incurred in the two thousand
9 fourteen--two thousand fifteen, two thousand fifteen--two thousand
10 sixteen, two thousand sixteen--two thousand seventeen school years and
11 thereafter. Provided that for expenses incurred in the two thousand
12 twenty--two thousand twenty-one school year, for a city school district
13 in a city having a population of one million or more, the annual appor-
14 tionment shall be reduced by thirty-five million dollars ($35,000,000)
15 upon certification by the director of the budget of the availability of
16 a grant in the same amount from the elementary and secondary school
17 emergency relief funds provided through the American rescue plan act of
18 2021 (P.L. 117-2). Provided further that for expenses incurred in the
19 two thousand twenty-three--two thousand twenty-four school year, for a
20 city school district in a city having a population of one million or
21 more, the annual apportionment shall be reduced by thirty-five million
22 dollars ($35,000,000) upon certification by the director of the budget
23 of the availability of a grant in the same amount from the elementary
24 and secondary school emergency relief funds provided through the Ameri-
25 can rescue plan act of 2021 (P.L. 117-2).
26 § 31. Paragraph (c) of subdivision 1 of section 2856 of the education
27 law, as amended by section 36-d of part A of chapter 56 of the laws of
28 2021, is amended to read as follows:
29 (c) School districts shall be eligible for an annual apportionment
30 equal to the amount of the supplemental basic tuition for the charter
31 school in the base year for the expenses incurred in the two thousand
32 fourteen--two thousand fifteen, two thousand fifteen--two thousand
33 sixteen, two thousand sixteen--two thousand seventeen school years and
34 thereafter. Provided that for expenses incurred in the two thousand
35 twenty--two thousand twenty-one school year, for a city school district
36 in a city having a population of one million or more, the annual appor-
37 tionment shall be reduced by thirty-five million dollars ($35,000,000)
38 upon certification by the director of the budget of the availability of
39 a grant in the same amount from the elementary and secondary school
40 emergency relief funds provided through the American rescue plan act of
41 2021 (P.L. 117-2). Provided further that for expenses incurred in the
42 two thousand twenty-three--two thousand twenty-four school year, for a
43 city school district in a city having a population of one million or
44 more, the annual apportionment shall be reduced by thirty-five million
45 dollars ($35,000,000) upon certification by the director of the budget
46 of the availability of a grant in the same amount from the elementary
47 and secondary school emergency relief funds provided through the Ameri-
48 can rescue plan act of 2021 (P.L. 117-2).
49 § 31-a. Subparagraph b of paragraph 4 of subdivision (a) and subpara-
50 graph b of paragraph 11 of subdivision (b) of section 8021 of the civil
51 practice law and rules, subparagraph b of paragraph 4 of subdivision (a)
52 as amended by section 2 and subparagraph b of paragraph 11 of subdivi-
53 sion (b) as amended by section 3 of part B of chapter 83 of the laws of
54 2002, are amended to read as follows:
55 b. For recording, entering, indexing and endorsing a certificate on
56 any instrument, an additional fee of five dollars to be paid monthly by
A. 8806--B 21
1 county clerks to the commissioner of education, after deducting twenty-
2 five cents, for deposit into the New York state local government records
3 management improvement fund and an additional [fifteen] twenty-five
4 dollars, after deducting [seventy-five cents] one dollar, for deposit to
5 the cultural education account.
6 b. For recording any instrument required by statute to be recorded, an
7 additional fee of five dollars to be paid monthly by county clerks to
8 the commissioner of education, after deducting twenty-five cents, for
9 deposit into the New York state local government records management
10 improvement fund and an additional [fifteen] twenty-five dollars, after
11 deducting [seventy-five cents] one dollar, for deposit to the cultural
12 education account.
13 § 31-b. Subdivision a of section 7-604 of the administrative code of
14 the city of New York, as amended by section 4 of part B of chapter 83 of
15 the laws of 2002, is amended to read as follows:
16 a. The register shall be paid a salary to be fixed by the mayor. All
17 fees shall be the property of the city. All sums so received shall be
18 paid to the commissioner of finance monthly without deduction. The
19 following additional [fee of twenty dollars] fees for recording any
20 instrument required by New York state statute to be recorded pursuant to
21 subdivision one of section 7-614 of this code shall be [used as follows]
22 collected: five dollars paid monthly by the commissioner of finance to
23 the New York state commissioner of education, after deducting twenty-
24 five cents, for deposit into the New York state local government records
25 management improvement fund and [fifteen] twenty-five dollars, after
26 deducting [seventy-five cents] one dollar, for deposit to the cultural
27 education account.
28 § 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws
29 of 2023 directing the education department to conduct a comprehensive
30 study of alternative tuition rate-setting methodologies for approved
31 providers operating school-age and preschool programs receiving state
32 funding, is amended to read as follows:
33 3. The state education department shall present its recommendations
34 and analysis to the governor, the director of the division of the budg-
35 et, the temporary president of the senate, the speaker of the assembly,
36 the chairperson of the senate finance committee, and the chairperson of
37 the assembly ways and means committee no later than July 1, [2025] 2027.
38 Adoption of any alternative rate-setting methodologies shall be subject
39 to the approval of the director of the division of the budget.
40 § 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
41 relating to certain provisions related to the 1994-95 state operations,
42 aid to localities, capital projects and debt service budgets, as amended
43 by section 23 of part A of chapter 56 of the laws of 2022, is amended to
44 read as follows:
45 1. Sections one through seventy of this act shall be deemed to have
46 been in full force and effect as of April 1, 1994 provided, however,
47 that sections one, two, twenty-four, twenty-five and twenty-seven
48 through seventy of this act shall expire and be deemed repealed on March
49 31, 2000; provided, however, that section twenty of this act shall apply
50 only to hearings commenced prior to September 1, 1994, and provided
51 further that section twenty-six of this act shall expire and be deemed
52 repealed on March 31, 1997; and provided further that sections four
53 through fourteen, sixteen, and eighteen, nineteen and twenty-one through
54 twenty-one-a of this act shall expire and be deemed repealed on March
55 31, 1997; and provided further that sections three, fifteen, seventeen,
A. 8806--B 22
1 twenty, twenty-two and twenty-three of this act shall expire and be
2 deemed repealed on March 31, [2024] 2029.
3 § 34. Section 26 of subpart F of part C of chapter 97 of the laws of
4 2011 amending the education law relating to census reporting, as amended
5 by section 46 of part YYY of chapter 59 of the laws of 2019, is amended
6 to read as follows:
7 § 26. This act shall take effect immediately provided, however, that
8 the provisions of section three of this act shall expire June 30, [2024]
9 2029 when upon such date the provisions of such section shall be deemed
10 repealed; provided, further that the provisions of sections eight, elev-
11 en, twelve, thirteen and twenty of this act shall expire July 1, 2014
12 when upon such date the provisions of such sections shall be deemed
13 repealed.
14 § 35. Special apportionment for salary expenses. 1. Notwithstanding
15 any other provision of law, upon application to the commissioner of
16 education, not sooner than the first day of the second full business
17 week of June 2025 and not later than the last day of the third full
18 business week of June 2025, a school district eligible for an apportion-
19 ment pursuant to section 3602 of the education law shall be eligible to
20 receive an apportionment pursuant to this section, for the school year
21 ending June 30, 2025, for salary expenses incurred between April 1 and
22 June 30, 2024 and such apportionment shall not exceed the sum of (a) the
23 deficit reduction assessment of 1990--1991 as determined by the commis-
24 sioner of education, pursuant to paragraph f of subdivision 1 of section
25 3602 of the education law, as in effect through June 30, 1993, plus (b)
26 186 percent of such amount for a city school district in a city with a
27 population in excess of 1,000,000 inhabitants, plus (c) 209 percent of
28 such amount for a city school district in a city with a population of
29 more than 195,000 inhabitants and less than 219,000 inhabitants accord-
30 ing to the latest federal census, plus (d) the net gap elimination
31 adjustment for 2010--2011, as determined by the commissioner of educa-
32 tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
33 nation adjustment for 2011--2012 as determined by the commissioner of
34 education pursuant to subdivision 17 of section 3602 of the education
35 law, and provided further that such apportionment shall not exceed such
36 salary expenses. Such application shall be made by a school district,
37 after the board of education or trustees have adopted a resolution to do
38 so and in the case of a city school district in a city with a population
39 in excess of 125,000 inhabitants, with the approval of the mayor of such
40 city.
41 2. The claim for an apportionment to be paid to a school district
42 pursuant to subdivision one of this section shall be submitted to the
43 commissioner of education on a form prescribed for such purpose, and
44 shall be payable upon determination by such commissioner that the form
45 has been submitted as prescribed. Such approved amounts shall be payable
46 on the same day in September of the school year following the year in
47 which application was made as funds provided pursuant to subparagraph
48 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
49 law, on the audit and warrant of the state comptroller on vouchers
50 certified or approved by the commissioner of education in the manner
51 prescribed by law from moneys in the state lottery fund and from the
52 general fund to the extent that the amount paid to a school district
53 pursuant to this section exceeds the amount, if any, due such school
54 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
55 section 3609-a of the education law in the school year following the
56 year in which application was made.
A. 8806--B 23
1 3. Notwithstanding the provisions of section 3609-a of the education
2 law, an amount equal to the amount paid to a school district pursuant to
3 subdivisions one and two of this section shall first be deducted from
4 the following payments due the school district during the school year
5 following the year in which application was made pursuant to subpara-
6 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
7 section 3609-a of the education law in the following order: the lottery
8 apportionment payable pursuant to subparagraph (2) of such paragraph
9 followed by the fixed fall payments payable pursuant to subparagraph (4)
10 of such paragraph and then followed by the district's payments to the
11 teachers' retirement system pursuant to subparagraph (1) of such para-
12 graph, and any remainder to be deducted from the individualized payments
13 due the district pursuant to paragraph b of such subdivision shall be
14 deducted on a chronological basis starting with the earliest payment due
15 the district.
16 § 36. Special apportionment for public pension accruals. 1. Notwith-
17 standing any other provision of law, upon application to the commission-
18 er of education, not later than June 30, 2025, a school district eligi-
19 ble for an apportionment pursuant to section 3602 of the education law
20 shall be eligible to receive an apportionment pursuant to this section,
21 for the school year ending June 30, 2025 and such apportionment shall
22 not exceed the additional accruals required to be made by school
23 districts in the 2004--2005 and 2005--2006 school years associated with
24 changes for such public pension liabilities. The amount of such addi-
25 tional accrual shall be certified to the commissioner of education by
26 the president of the board of education or the trustees or, in the case
27 of a city school district in a city with a population in excess of
28 125,000 inhabitants, the mayor of such city. Such application shall be
29 made by a school district, after the board of education or trustees have
30 adopted a resolution to do so and in the case of a city school district
31 in a city with a population in excess of 125,000 inhabitants, with the
32 approval of the mayor of such city.
33 2. The claim for an apportionment to be paid to a school district
34 pursuant to subdivision one of this section shall be submitted to the
35 commissioner of education on a form prescribed for such purpose, and
36 shall be payable upon determination by such commissioner that the form
37 has been submitted as prescribed. Such approved amounts shall be payable
38 on the same day in September of the school year following the year in
39 which application was made as funds provided pursuant to subparagraph
40 (4) of paragraph b of subdivision 4 of section 92-c of the state finance
41 law, on the audit and warrant of the state comptroller on vouchers
42 certified or approved by the commissioner of education in the manner
43 prescribed by law from moneys in the state lottery fund and from the
44 general fund to the extent that the amount paid to a school district
45 pursuant to this section exceeds the amount, if any, due such school
46 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
47 section 3609-a of the education law in the school year following the
48 year in which application was made.
49 3. Notwithstanding the provisions of section 3609-a of the education
50 law, an amount equal to the amount paid to a school district pursuant to
51 subdivisions one and two of this section shall first be deducted from
52 the following payments due the school district during the school year
53 following the year in which application was made pursuant to subpara-
54 graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
55 section 3609-a of the education law in the following order: the lottery
56 apportionment payable pursuant to subparagraph (2) of such paragraph
A. 8806--B 24
1 followed by the fixed fall payments payable pursuant to subparagraph (4)
2 of such paragraph and then followed by the district's payments to the
3 teachers' retirement system pursuant to subparagraph (1) of such para-
4 graph, and any remainder to be deducted from the individualized payments
5 due the district pursuant to paragraph b of such subdivision shall be
6 deducted on a chronological basis starting with the earliest payment due
7 the district.
8 § 37. The amounts specified in this section shall be a set-aside from
9 the state funds which each such district is receiving from the total
10 foundation aid:
11 1. for the development, maintenance or expansion of magnet schools or
12 magnet school programs for the 2024--2025 school year. For the city
13 school district of the city of New York there shall be a set-aside of
14 foundation aid equal to forty-eight million one hundred seventy-five
15 thousand dollars ($48,175,000) including five hundred thousand dollars
16 ($500,000) for the Andrew Jackson High School; for the Buffalo city
17 school district, twenty-one million twenty-five thousand dollars
18 ($21,025,000); for the Rochester city school district, fifteen million
19 dollars ($15,000,000); for the Syracuse city school district, thirteen
20 million dollars ($13,000,000); for the Yonkers city school district,
21 forty-nine million five hundred thousand dollars ($49,500,000); for the
22 Newburgh city school district, four million six hundred forty-five thou-
23 sand dollars ($4,645,000); for the Poughkeepsie city school district,
24 two million four hundred seventy-five thousand dollars ($2,475,000); for
25 the Mount Vernon city school district, two million dollars ($2,000,000);
26 for the New Rochelle city school district, one million four hundred ten
27 thousand dollars ($1,410,000); for the Schenectady city school district,
28 one million eight hundred thousand dollars ($1,800,000); for the Port
29 Chester city school district, one million one hundred fifty thousand
30 dollars ($1,150,000); for the White Plains city school district, nine
31 hundred thousand dollars ($900,000); for the Niagara Falls city school
32 district, six hundred thousand dollars ($600,000); for the Albany city
33 school district, three million five hundred fifty thousand dollars
34 ($3,550,000); for the Utica city school district, two million dollars
35 ($2,000,000); for the Beacon city school district, five hundred sixty-
36 six thousand dollars ($566,000); for the Middletown city school
37 district, four hundred thousand dollars ($400,000); for the Freeport
38 union free school district, four hundred thousand dollars ($400,000);
39 for the Greenburgh central school district, three hundred thousand
40 dollars ($300,000); for the Amsterdam city school district, eight
41 hundred thousand dollars ($800,000); for the Peekskill city school
42 district, two hundred thousand dollars ($200,000); and for the Hudson
43 city school district, four hundred thousand dollars ($400,000).
44 2. Notwithstanding any inconsistent provision of law to the contrary,
45 a school district setting aside such foundation aid pursuant to this
46 section may use such set-aside funds for: (a) any instructional or
47 instructional support costs associated with the operation of a magnet
48 school; or (b) any instructional or instructional support costs associ-
49 ated with implementation of an alternative approach to promote diversity
50 and/or enhancement of the instructional program and raising of standards
51 in elementary and secondary schools of school districts having substan-
52 tial concentrations of minority students.
53 3. The commissioner of education shall not be authorized to withhold
54 foundation aid from a school district that used such funds in accordance
55 with this paragraph, notwithstanding any inconsistency with a request
56 for proposals issued by such commissioner for the purpose of attendance
A. 8806--B 25
1 improvement and dropout prevention for the 2024--2025 school year, and
2 for any city school district in a city having a population of more than
3 one million, the set-aside for attendance improvement and dropout
4 prevention shall equal the amount set aside in the base year. For the
5 2024--2025 school year, it is further provided that any city school
6 district in a city having a population of more than one million shall
7 allocate at least one-third of any increase from base year levels in
8 funds set aside pursuant to the requirements of this section to communi-
9 ty-based organizations. Any increase required pursuant to this section
10 to community-based organizations must be in addition to allocations
11 provided to community-based organizations in the base year.
12 4. For the purpose of teacher support for the 2024--2025 school year:
13 for the city school district of the city of New York, sixty-two million
14 seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
15 school district, one million seven hundred forty-one thousand dollars
16 ($1,741,000); for the Rochester city school district, one million seven-
17 ty-six thousand dollars ($1,076,000); for the Yonkers city school
18 district, one million one hundred forty-seven thousand dollars
19 ($1,147,000); and for the Syracuse city school district, eight hundred
20 nine thousand dollars ($809,000). All funds made available to a school
21 district pursuant to this section shall be distributed among teachers
22 including prekindergarten teachers and teachers of adult vocational and
23 academic subjects in accordance with this section and shall be in addi-
24 tion to salaries heretofore or hereafter negotiated or made available;
25 provided, however, that all funds distributed pursuant to this section
26 for the current year shall be deemed to incorporate all funds distrib-
27 uted pursuant to former subdivision 27 of section 3602 of the education
28 law for prior years. In school districts where the teachers are repres-
29 ented by certified or recognized employee organizations, all salary
30 increases funded pursuant to this section shall be determined by sepa-
31 rate collective negotiations conducted pursuant to the provisions and
32 procedures of article 14 of the civil service law, notwithstanding the
33 existence of a negotiated agreement between a school district and a
34 certified or recognized employee organization.
35 § 38. Support of public libraries. The moneys appropriated for the
36 support of public libraries by a chapter of the laws of 2024 enacting
37 the aid to localities budget shall be apportioned for the 2024--2025
38 state fiscal year in accordance with the provisions of sections 271,
39 272, 273, 282, 284, and 285 of the education law as amended by the
40 provisions of such chapter and the provisions of this section, provided
41 that library construction aid pursuant to section 273-a of the education
42 law shall not be payable from the appropriations for the support of
43 public libraries and provided further that no library, library system or
44 program, as defined by the commissioner of education, shall receive less
45 total system or program aid than it received for the year 2001--2002
46 except as a result of a reduction adjustment necessary to conform to the
47 appropriations for support of public libraries.
48 Notwithstanding any other provision of law to the contrary the moneys
49 appropriated for the support of public libraries for the year 2024--2025
50 by a chapter of the laws of 2024 enacting the aid to localities budget
51 shall fulfill the state's obligation to provide such aid and, pursuant
52 to a plan developed by the commissioner of education and approved by the
53 director of the budget, the aid payable to libraries and library systems
54 pursuant to such appropriations shall be reduced proportionately to
55 assure that the total amount of aid payable does not exceed the total
56 appropriations for such purpose.
A. 8806--B 26
1 § 38-a. Subdivision 3 of section 711 of the education law, as amended
2 by section 7 of part B of chapter 57 of the laws of 2007, is amended to
3 read as follows:
4 3. No school district shall be required to purchase or otherwise
5 acquire school library materials, the cost of which shall exceed an
6 amount equal to the library materials factor multiplied by the sum of
7 the public school district enrollment and the nonpublic school enroll-
8 ment in the base year as defined in subparagraphs two and three of para-
9 graph n of subdivision one of section thirty-six hundred two of this
10 chapter. For aid payable in the nineteen hundred ninety-eight--nineteen
11 hundred ninety-nine school year, the library materials factor shall be
12 four dollars. For aid payable in the two thousand seven--two thousand
13 eight through the two thousand twenty-three--two thousand twenty-four
14 school year [and thereafter], the library materials factor shall be six
15 dollars and twenty-five cents. For aid payable in the two thousand
16 twenty-four--two thousand twenty-five school year and thereafter, the
17 library materials factor shall be eleven dollars.
18 § 39. Severability. The provisions of this act shall be severable, and
19 if the application of any clause, sentence, paragraph, subdivision,
20 section or part of this act to any person or circumstance shall be
21 adjudged by any court of competent jurisdiction to be invalid, such
22 judgment shall not necessarily affect, impair or invalidate the applica-
23 tion of any such clause, sentence, paragraph, subdivision, section, part
24 of this act or remainder thereof, as the case may be, to any other
25 person or circumstance, but shall be confined in its operation to the
26 clause, sentence, paragraph, subdivision, section or part thereof
27 directly involved in the controversy in which such judgment shall have
28 been rendered.
29 § 40. This act shall take effect immediately, and shall be deemed to
30 have been in full force and effect on and after April 1, 2024, provided,
31 however, that:
32 1. sections one, five, eight, eight-b, eleven-a, twelve, thirteen,
33 fourteen, fifteen, sixteen, seventeen, seventeen-a, eighteen, twenty-
34 three, twenty-four, twenty-five, twenty-nine, twenty-nine-a, thirty-sev-
35 en and thirty-eight-a of this act shall take effect July 1, 2024;
36 2. section eight-a of this act shall apply to the calculation of BOCES
37 aid and aid for career education payable in the 2024-2025 school year
38 and thereafter;
39 3. the amendments to chapter 756 of the laws of 1992, relating to
40 funding a program for work force education conducted by a consortium for
41 worker education in New York City made by sections twenty-seven and
42 twenty-eight of this act shall not affect the repeal of such chapter and
43 shall be deemed repealed therewith; and
44 4. the amendments to paragraph (d) of subdivision 1 of section 2856 of
45 the education law made by section thirty of this act shall be subject to
46 the expiration and reversion of such subdivision pursuant to subdivision
47 d of section 27 of chapter 378 of the laws of 2007, as amended, when
48 upon such date the provisions of section thirty-one of this act shall
49 take effect.
50 PART B
51 Section 1. The education law is amended by adding a new section 818 to
52 read as follows:
53 § 818. Instruction in reading. 1. On or before January first, two
54 thousand twenty-five, the commissioner shall provide school districts
A. 8806--B 27
1 with the instructional best practices for the teaching of reading to
2 students in prekindergarten through grade three. Instructional best
3 practices for the teaching of reading shall be evidence-based and scien-
4 tifically based, focusing on reading competency in the areas of phonemic
5 awareness, phonics, vocabulary development, reading fluency, comprehen-
6 sion, including background knowledge, oral language and writing, oral
7 skill development, and align with the department's culturally respon-
8 sive-sustaining framework. Such instructional best practices shall be
9 periodically updated by the commissioner where appropriate.
10 2. Beginning September first, two thousand twenty-five and annually
11 thereafter, every school district shall review their curriculum and
12 instructional practices in the subject of reading for students in prek-
13 indergarten through grade three to ensure that they align with the read-
14 ing instructional best practices provided by the commissioner and are
15 part of a comprehensive plan to improve student reading outcomes in
16 prekindergarten through grade three.
17 § 2. This act shall take effect immediately.
18 PART C
19 Section 1. Article 14 of the education law is amended by adding a new
20 part VI to read as follows:
21 PART VI
22 STUDENT FINANCIAL AID RESOURCES
23 Section 694-c. Financial aid resources.
24 694-d. Reporting.
25 § 694-c. Financial aid resources. 1. The corporation shall enter into
26 a contract with a not-for-profit organization for the creation of
27 uniform resources on post-secondary financial aid programs, including:
28 (a) a presentation, including training, on the federal free applica-
29 tion for federal student aid and application for aid available to indi-
30 viduals meeting the requirements of subparagraph (ii) of paragraph a of
31 subdivision five of section six hundred sixty-one of this article; and
32 (b) a notice describing state-sponsored financial aid programs,
33 including financial aid, scholarships, and assistance available to
34 students attending college or post-secondary education, including the
35 federal free application for federal student aid and awards available
36 to students meeting the requirements of subparagraph (ii) of paragraph a
37 of subdivision five of section six hundred sixty-one of this article.
38 The notice shall also include application deadlines for such scholar-
39 ships and assistance, and information on general college application
40 deadlines.
41 2. The corporation, in consultation with the department, shall
42 distribute the resources created pursuant to subdivision one of this
43 section to every high school throughout the state. The corporation shall
44 also maintain a dedicated webpage on its website that provides informa-
45 tion on colleges, community-based organizations, and other institutions
46 that offer assistance related to the federal free application for feder-
47 al student aid and application for aid available to individuals meeting
48 the requirements of subparagraph (ii) of paragraph a of subdivision
49 five of section six hundred sixty-one of this article.
50 3. Each high school in this state shall, by the first of October of
51 each school year:
52 (a) conduct oral presentations on post-secondary financial aid
53 programs, using the resources created under paragraph (a) of subdivision
A. 8806--B 28
1 one of this section, to high school juniors and seniors at least once;
2 and
3 (b) distribute the notice created under paragraph (b) of subdivision
4 one of this section to high school juniors and seniors.
5 § 694-d. Reporting. On or before the first day of September, the
6 corporation shall annually submit a report to the governor, the tempo-
7 rary president of the senate, the speaker of the assembly, and the
8 chairs of the senate and assembly committees on education and higher
9 education, which shall include:
10 1. the total number of free application for federal student aid appli-
11 cations filed in the prior academic year, and how such number compares
12 to the number of applications filed in the previous five years; and
13 2. the total number of applications for aid available to individuals
14 meeting the requirements of subparagraph (ii) of paragraph a of subdivi-
15 sion five of section six hundred sixty-one of this article filed in the
16 prior academic year, and how such number compares to the number of
17 applications filed in the previous five years.
18 § 2. This act shall take effect on the first of July one year after
19 the date on which it shall have become a law. Effective immediately, the
20 commissioner of education and president of the higher education services
21 corporation shall commence any regulatory action needed for the imple-
22 mentation of this act.
23 PART D
24 Intentionally Omitted
25 PART E
26 Intentionally Omitted
27 PART F
28 Section 1. Section 16 of chapter 260 of the laws of 2011 amending the
29 education law and the New York state urban development corporation act
30 relating to establishing components of the NY-SUNY 2020 challenge grant
31 program, as amended by section 4 of part DD of chapter 56 of the laws of
32 2021, is amended to read as follows:
33 § 16. This act shall take effect July 1, 2011; provided that sections
34 one, two, three, four, five, six, eight, nine, ten, eleven, twelve and
35 thirteen of this act shall expire [13] 16 years after such effective
36 date when upon such date the provisions of this act shall be deemed
37 repealed; and provided further that sections fourteen and fifteen of
38 this act shall expire 5 years after such effective date when upon such
39 date the provisions of this act shall be deemed repealed.
40 § 2. This act shall take effect immediately.
41 PART G
42 Intentionally Omitted
43 PART H
A. 8806--B 29
1 Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
2 section 131-o of the social services law, as amended by section 1 of
3 part Z of chapter 56 of the laws of 2023, are amended to read as
4 follows:
5 (a) in the case of each individual receiving family care, an amount
6 equal to at least [$175.00] $181.00 for each month beginning on or after
7 January first, two thousand [twenty-three] twenty-four.
8 (b) in the case of each individual receiving residential care, an
9 amount equal to at least [$202.00] $208.00 for each month beginning on
10 or after January first, two thousand [twenty-three] twenty-four.
11 (c) in the case of each individual receiving enhanced residential
12 care, an amount equal to at least [$241.00] $249.00 for each month
13 beginning on or after January first, two thousand [twenty-three] twen-
14 ty-four.
15 (d) for the period commencing January first, two thousand [twenty-
16 four] twenty-five, the monthly personal needs allowance shall be an
17 amount equal to the sum of the amounts set forth in subparagraphs one
18 and two of this paragraph:
19 (1) the amounts specified in paragraphs (a), (b) and (c) of this
20 subdivision; and
21 (2) the amount in subparagraph one of this paragraph, multiplied by
22 the percentage of any federal supplemental security income cost of
23 living adjustment which becomes effective on or after January first, two
24 thousand [twenty-four] twenty-five, but prior to June thirtieth, two
25 thousand [twenty-four] twenty-five, rounded to the nearest whole dollar.
26 § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
27 section 209 of the social services law, as amended by section 2 of part
28 Z of chapter 56 of the laws of 2023, are amended to read as follows:
29 (a) On and after January first, two thousand [twenty-three] twenty-
30 four, for an eligible individual living alone, [$1,001.00] $1,030.00;
31 and for an eligible couple living alone, [$1,475.00] $1,519.00.
32 (b) On and after January first, two thousand [twenty-three] twenty-
33 four, for an eligible individual living with others with or without
34 in-kind income, [$937.00] $966.00; and for an eligible couple living
35 with others with or without in-kind income, [$1,417.00] $1,461.00.
36 (c) On and after January first, two thousand [twenty-three] twenty-
37 four, (i) for an eligible individual receiving family care, [$1,180.48]
38 $1,209.48 if he or she is receiving such care in the city of New York or
39 the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
40 eligible couple receiving family care in the city of New York or the
41 county of Nassau, Suffolk, Westchester or Rockland, two times the amount
42 set forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
43 ble individual receiving such care in any other county in the state,
44 [$1,142.48] $1,171.48; and (iv) for an eligible couple receiving such
45 care in any other county in the state, two times the amount set forth in
46 subparagraph (iii) of this paragraph.
47 (d) On and after January first, two thousand [twenty-three] twenty-
48 four, (i) for an eligible individual receiving residential care,
49 [$1,349.00] $1,378.00 if he or she is receiving such care in the city of
50 New York or the county of Nassau, Suffolk, Westchester or Rockland; and
51 (ii) for an eligible couple receiving residential care in the city of
52 New York or the county of Nassau, Suffolk, Westchester or Rockland, two
53 times the amount set forth in subparagraph (i) of this paragraph; or
54 (iii) for an eligible individual receiving such care in any other county
55 in the state, [$1,319.00] $1,348.00; and (iv) for an eligible couple
A. 8806--B 30
1 receiving such care in any other county in the state, two times the
2 amount set forth in subparagraph (iii) of this paragraph.
3 (e) On and after January first, two thousand [twenty-three] twenty-
4 four, (i) for an eligible individual receiving enhanced residential
5 care, [$1,608.00] $1,637.00; and (ii) for an eligible couple receiving
6 enhanced residential care, two times the amount set forth in subpara-
7 graph (i) of this paragraph.
8 (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
9 vision shall be increased to reflect any increases in federal supple-
10 mental security income benefits for individuals or couples which become
11 effective on or after January first, two thousand [twenty-four] twenty-
12 five but prior to June thirtieth, two thousand [twenty-four]
13 twenty-five.
14 § 3. This act shall take effect December 31, 2024.
15 PART I
16 Intentionally Omitted
17 PART J
18 Intentionally Omitted
19 PART K
20 Intentionally Omitted
21 PART L
22 Intentionally Omitted
23 PART M
24 Intentionally Omitted
25 PART N
26 Section 1. Notwithstanding any other provision of law, the housing
27 trust fund corporation may provide, for purposes of the neighborhood
28 preservation program, a sum not to exceed $17,633,000 for the fiscal
29 year ending March 31, 2025. Within this total amount, $250,000 shall be
30 used for the purpose of entering into a contract with the neighborhood
31 preservation coalition to provide technical assistance and services to
32 companies funded pursuant to article 16 of the private housing finance
33 law. Notwithstanding any other provision of law, and subject to the
34 approval of the New York state director of the budget, the board of
35 directors of the state of New York mortgage agency shall authorize the
36 transfer to the housing trust fund corporation, for the purposes of
37 reimbursing any costs associated with neighborhood preservation program
38 contracts authorized by this section, a total sum not to exceed
39 $17,633,000, such transfer to be made from (i) the special account of
A. 8806--B 31
1 the mortgage insurance fund created pursuant to section 2429-b of the
2 public authorities law, in an amount not to exceed the actual excess
3 balance in the special account of the mortgage insurance fund, as deter-
4 mined and certified by the state of New York mortgage agency for the
5 fiscal year 2023-2024 in accordance with section 2429-b of the public
6 authorities law, if any, and/or (ii) provided that the reserves in the
7 project pool insurance account of the mortgage insurance fund created
8 pursuant to section 2429-b of the public authorities law are sufficient
9 to attain and maintain the credit rating (as determined by the state of
10 New York mortgage agency) required to accomplish the purposes of such
11 account, the project pool insurance account of the mortgage insurance
12 fund, such transfer to be made as soon as practicable but no later than
13 June 30, 2024.
14 § 2. Notwithstanding any other provision of law, the housing trust
15 fund corporation may provide, for purposes of the rural preservation
16 program, a sum not to exceed $7,557,000 for the fiscal year ending March
17 31, 2025. Within this total amount, $250,000 shall be used for the
18 purpose of entering into a contract with the rural housing coalition to
19 provide technical assistance and services to companies funded pursuant
20 to article 17 of the private housing finance law. Notwithstanding any
21 other provision of law, and subject to the approval of the New York
22 state director of the budget, the board of directors of the state of New
23 York mortgage agency shall authorize the transfer to the housing trust
24 fund corporation, for the purposes of reimbursing any costs associated
25 with rural preservation program contracts authorized by this section, a
26 total sum not to exceed $7,557,000, such transfer to be made from (i)
27 the special account of the mortgage insurance fund created pursuant to
28 section 2429-b of the public authorities law, in an amount not to exceed
29 the actual excess balance in the special account of the mortgage insur-
30 ance fund, as determined and certified by the state of New York mortgage
31 agency for the fiscal year 2023-2024 in accordance with section 2429-b
32 of the public authorities law, if any, and/or (ii) provided that the
33 reserves in the project pool insurance account of the mortgage insurance
34 fund created pursuant to section 2429-b of the public authorities law
35 are sufficient to attain and maintain the credit rating (as determined
36 by the state of New York mortgage agency) required to accomplish the
37 purposes of such account, the project pool insurance account of the
38 mortgage insurance fund, such transfer to be made as soon as practicable
39 but no later than June 30, 2024.
40 § 3. Notwithstanding any other provision of law, the housing trust
41 fund corporation may provide, for purposes of the rural rental assist-
42 ance program pursuant to article 17-A of the private housing finance
43 law, a sum not to exceed $23,180,000 for the fiscal year ending March
44 31, 2025. Notwithstanding any other provision of law, and subject to
45 the approval of the New York state director of the budget, the board of
46 directors of the state of New York mortgage agency shall authorize the
47 transfer to the housing trust fund corporation, for the purposes of
48 reimbursing any costs associated with rural rental assistance program
49 contracts authorized by this section, a total sum not to exceed
50 $23,180,000, such transfer to be made from (i) the special account of
51 the mortgage insurance fund created pursuant to section 2429-b of the
52 public authorities law, in an amount not to exceed the actual excess
53 balance in the special account of the mortgage insurance fund, as deter-
54 mined and certified by the state of New York mortgage agency for the
55 fiscal year 2023-2024 in accordance with section 2429-b of the public
56 authorities law, if any, and/or (ii) provided that the reserves in the
A. 8806--B 32
1 project pool insurance account of the mortgage insurance fund created
2 pursuant to section 2429-b of the public authorities law are sufficient
3 to attain and maintain the credit rating, as determined by the state of
4 New York mortgage agency, required to accomplish the purposes of such
5 account, the project pool insurance account of the mortgage insurance
6 fund, such transfer shall be made as soon as practicable but no later
7 than June 30, 2024.
8 § 4. Notwithstanding any other provision of law, the homeless housing
9 and assistance corporation may provide, for purposes of the New York
10 state supportive housing program, the solutions to end homelessness
11 program or the operational support for AIDS housing program, or to qual-
12 ified grantees under such programs, in accordance with the requirements
13 of such programs, a sum not to exceed $53,581,000 for the fiscal year
14 ending March 31, 2025. The homeless housing and assistance corporation
15 may enter into an agreement with the office of temporary and disability
16 assistance to administer such sum in accordance with the requirements of
17 such programs. Notwithstanding any other provision of law, and subject
18 to the approval of the New York state director of the budget, the board
19 of directors of the state of New York mortgage agency shall authorize
20 the transfer to the homeless housing and assistance corporation, a total
21 sum not to exceed $53,581,000, such transfer to be made from (i) the
22 special account of the mortgage insurance fund created pursuant to
23 section 2429-b of the public authorities law, in an amount not to exceed
24 the actual excess balance in the special account of the mortgage insur-
25 ance fund, as determined and certified by the state of New York mortgage
26 agency for the fiscal year 2023-2024 in accordance with section 2429-b
27 of the public authorities law, if any, and/or (ii) provided that the
28 reserves in the project pool insurance account of the mortgage insurance
29 fund created pursuant to section 2429-b of the public authorities law
30 are sufficient to attain and maintain the credit rating as determined by
31 the state of New York mortgage agency, required to accomplish the
32 purposes of such account, the project pool insurance account of the
33 mortgage insurance fund, such transfer shall be made as soon as practi-
34 cable but no later than March 31, 2025.
35 § 5. This act shall take effect immediately.
36 PART O
37 Intentionally Omitted
38 PART P
39 Intentionally Omitted
40 PART Q
41 Intentionally Omitted
42 PART R
43 Intentionally Omitted
A. 8806--B 33
1 PART S
2 Intentionally Omitted
3 PART T
4 Intentionally Omitted
5 PART U
6 Intentionally Omitted
7 PART V
8 Section 1. The state university of New York trustees and city univer-
9 sity of New York trustees shall jointly develop recommendations for a
10 new formula for financing the operating costs of community colleges.
11 Such recommendations shall provide for consistent and predictable fund-
12 ing for community colleges, consider enrollment in specific programs,
13 and include mechanisms to encourage and reward growth. The trustees
14 shall jointly submit such recommendations to the governor, the temporary
15 president of the senate, and the speaker of the assembly on or before
16 December 31, 2024.
17 § 2. This act shall take effect immediately.
18 PART W
19 Section 1. Paragraph a of subdivision 1 of section 667-c of the educa-
20 tion law, as amended by section 1 of part E of chapter 56 of the laws of
21 2022, is amended to read as follows:
22 a. part-time students enrolled at [the state university, a community
23 college, the city university of New York, and a non-profit college or
24 university] a degree granting institution of higher education incorpo-
25 rated by the regents or by the legislature who meet all requirements for
26 tuition assistance program awards except for the students' part-time
27 attendance; or
28 § 2. This act shall take effect July 1, 2024.
29 PART X
30 Section 1. Subparagraphs (ii), (iii), and (vi) of paragraph a of
31 subdivision 3 of section 667 of the education law, subparagraphs (ii)
32 and (vi) as amended by section 1 of part B of chapter 60 of the laws of
33 2000, subparagraph (iii) as amended by section 3 of part H of chapter 58
34 of the laws of 2011, are amended and a new (vii) is added to read as
35 follows:
36 (ii) Except for students as noted in subparagraph (iii) of this para-
37 graph, the base amount as determined from subparagraph (i) of this para-
38 graph, shall be reduced in relation to income as follows:
39 Amount of income Schedule of reduction
40 of base amount
A. 8806--B 34
1 (A) Less than seven thousand None
2 dollars
3 (B) Seven thousand dollars or Seven per centum of excess
4 more, but less than eleven over seven thousand dollars
5 thousand dollars
6 (C) Eleven thousand dollars or Two hundred eighty dollars
7 more, but less than eighteen plus ten per centum of excess
8 thousand dollars over eleven thousand dollars
9 (D) Eighteen thousand dollars or Nine hundred eighty dollars
10 more, but not more than plus twelve per centum of
11 [eighty] one hundred twenty-five excess over eighteen
12 thousand dollars thousand dollars
13 (iii) (A) For students who have been granted exclusion of parental
14 income and were single with no dependent for income tax purposes during
15 the tax year next preceding the academic year for which application is
16 made, the base amount, as determined in subparagraph (i) of this para-
17 graph, shall be reduced in relation to income as follows:
18 Amount of income Schedule of reduction
19 of base amount
20 (1) Less than three thousand None
21 dollars
22 (2) Three thousand dollars or Thirty-one per centum of
23 more, but not more than amount in excess of three
24 [ten] thirty thousand thousand dollars
25 dollars
26 (B) For those students who have been granted exclusion of parental
27 income who have a spouse but no other dependent, for income tax purposes
28 during the tax year next preceding the academic year for which applica-
29 tion is made, the base amount, as determined in subparagraph (i) of this
30 paragraph, shall be reduced in relation to income as follows:
31 Amount of income Schedule of reduction
32 of base amount
33 (1) Less than seven thousand None
34 dollars
35 (2) Seven thousand dollars or Seven per centum of excess
36 more, but less than eleven over seven thousand dollars
37 thousand dollars
38 (3) Eleven thousand dollars or Two hundred eighty dollars
39 more, but less than eighteen plus ten per centum of excess
40 thousand dollars over eleven thousand dollars
41 (4) Eighteen thousand dollars Nine hundred eighty dollars
42 or more, but not more than plus twelve per centum of
43 [forty] sixty thousand excess over eighteen
44 dollars thousand dollars
45 (vi) For the two thousand two--two thousand three through two thousand
46 twenty-three--twenty-four academic [year and thereafter] years, the
47 award shall be the net amount of the base amount determined pursuant to
48 subparagraph (i) of this paragraph reduced pursuant to subparagraph (ii)
49 or (iii) of this paragraph but the award shall not be reduced below five
50 hundred dollars.
A. 8806--B 35
1 (vii) For the two thousand twenty-four--two thousand twenty-five
2 academic year and thereafter, the award shall be the net amount of
3 the base amount determined pursuant to subparagraph (i) of this
4 paragraph reduced pursuant to subparagraph (ii) or (iii) of this para-
5 graph but the award shall not be reduced below one thousand dollars.
6 § 2. This act shall take effect July 1, 2024.
7 PART Y
8 Section 1. Section 131-a of the social services law is amended by
9 adding a new subdivision 3-e to read as follows:
10 3-e. Commencing October first, two thousand twenty-four, for persons
11 and families determined to be eligible by the application of the stand-
12 ard of need prescribed by the provisions of subdivision two of this
13 section, the amounts set forth in paragraph (a) of subdivision three of
14 this section, after application of subdivision three-c and subdivision
15 three-d of this section, shall be increased by the following amounts as
16 a monthly supplemental basic grant:
17 Number of Persons in Household
18 One Two Three Four Five Six
19 $106 $168 $225 $290 $358 $413
20 For each additional needy person in the household, there shall be
21 added an additional amount of fifty-five dollars monthly.
22 § 2. This act shall take effect April 1, 2024.
23 PART Z
24 Section 1. Section 410-x of the social services law is amended by
25 adding a new subdivision 10 to read as follows:
26 10. A social services district shall provide child care assistance
27 funded under the block grant for additional or different hours than a
28 parent or caretaker spends in work, training, educational activities or
29 other reasons for care designated by the social services district in its
30 consolidated services plan in accordance with paragraph (e) of subdivi-
31 sion one of section four hundred ten-w of this title, including, but not
32 limited to, paying for full-time child care assistance regardless of the
33 hours of the activity of the parent's or caretaker's reason for care.
34 § 2. Section 410-w of the social services law is amended by adding a
35 new subdivision 1-a to read as follows:
36 1-a. For all families eligible for child care assistance pursuant to
37 subdivision one of this section, a social services district shall not
38 limit authorized child care services strictly based on the hours during
39 which the parent or caretaker is engaged in work, education or other
40 activity or the number of hours the parent or caretaker is engaged in
41 any such reasons for care.
42 § 3. This act shall take effect on the thirtieth day after it shall
43 have become a law.
44 PART AA
45 Section 1. The private housing finance law is amended by adding a new
46 article 32 to read as follows:
47 ARTICLE 32
48 FOUNDATIONS FOR FUTURES HOUSING PROGRAM
A. 8806--B 36
1 Section 1290. Foundations for futures housing program.
2 § 1290. Foundations for futures housing program. 1. Program establish-
3 ment. Within amounts appropriated or otherwise available therefor, the
4 division of housing and community renewal shall develop and administer a
5 program which shall provide assistance in the form of payments, grants
6 and loans for the formation of limited equity cooperative housing
7 utilizing funding appropriated for such a purpose as well as any other
8 funding source or sources which the commissioner may determine is suit-
9 able to support such a program. Such program may utilize state owned
10 sites, municipally owned sites, or sites owned by a not-for-profit
11 corporation or community land trust exclusively for the purpose of
12 providing housing pursuant to this section. Real property may be
13 acquired for the purpose of such program as authorized pursuant to
14 section five hundred seventy-six-a of this chapter. Such program shall
15 provide (a) housing for households up to one hundred and thirty percent
16 of area median income, (b) a process in which households shall have the
17 ability to accrue equity over time, and (c) that housing units created
18 pursuant to this section remain affordable in perpetuity. The commis-
19 sioner shall also assist prospective homebuyers to identify funding
20 sources that provide low interest loans to develop properties and
21 provide loans to prospective homebuyers.
22 2. Additional responsibilities. The division of housing and community
23 renewal shall have the power and duty to issue regulations to implement
24 such program and the process for:
25 (a) homebuyers obtaining a new unit which shall include both confirm-
26 ing income qualifications as well as a restriction on the maximum amount
27 of assets any qualified homebuyer may have;
28 (b) selling shares in the cooperative in such a way as the affordabil-
29 ity of the cooperative is maintained while allowing households to gain
30 equity over time;
31 (c) prohibiting the use of a fixed percentage appreciation cap for the
32 purposes of determining an allowable sales price for shares in the coop-
33 erative;
34 (d) selecting new households eligible to purchase housing which have
35 been vacated by a previous owner; and
36 (e) the creation of boards of directors for such limited profit hous-
37 ing companies established by this chapter, provided however that such
38 boards shall have the powers and be subject to the limitations contained
39 in the not-for-profit corporation law.
40 3. Supervision. All such housing projects shall be managed independ-
41 ently of the residents of the project by a corporation or not-for-profit
42 corporation determined qualified by the division of housing and communi-
43 ty renewal. Any regulatory agreement that is executed for such program
44 shall include a requirement that resident maintenance fees increase by a
45 minimum percentage annually to ensure that such housing continues to be
46 in good repair.
47 4. Tax exemptions. Housing for such program shall be eligible for tax
48 exemptions in the same manner as projects under article eleven of this
49 chapter.
50 § 2. This act shall take effect immediately.
51 PART BB
52 Section 1. The public housing law is amended by adding a new section
53 20-a to read as follows:
A. 8806--B 37
1 § 20-a. Homeownership opportunity connection program. 1. The commis-
2 sioner shall establish a program to connect residents of communities
3 with below average homeownership rates and not-for-profit housing organ-
4 izations with homeownership and development opportunities. Such program
5 shall be referred to as the "homeownership opportunity connection"
6 program. Such program shall utilize all currently existing homeownership
7 assistance programs and funding provided within the state's multi-year
8 housing program. The division of housing and community renewal and the
9 state of New York mortgage agency shall work with any other state agen-
10 cies that provide such services to the targeted populations to promote
11 the availability of such programs and to identify additional not-for-
12 profit organizations to expand the areas where such programs are avail-
13 able.
14 (a) For potential homebuyers, the state of New York mortgage agency
15 shall take such actions including, but not limited to, making publicly
16 available on its website a singular and concise list containing:
17 (i) all available state and federal programs to assist with purchasing
18 a home;
19 (ii) organizations who provide homeownership counseling which shall be
20 updated annually; and
21 (iii) all participating lenders.
22 (b) For existing homeowners, the division of housing and community
23 renewal shall take such actions including, but not limited to, making
24 publicly available on its website a singular concise list containing:
25 (i) every program available to assist homeowners with making repairs;
26 and
27 (ii) contact and application information for such programs which shall
28 be updated annually.
29 (c) For existing owners of multi-family properties, the division of
30 housing and community renewal shall take such actions including, but not
31 limited to, making publicly available on its website a singular and
32 concise list containing:
33 (i) every program available to assist owners with making repairs; and
34 (ii) contact and application information for such programs which shall
35 be updated annually.
36 (d) For potential developers of multi-family properties, the division
37 of housing and community renewal shall take such actions including, but
38 not limited to, making publicly available on its website a singular and
39 concise list containing:
40 (i) every program where funding is currently available to assist with
41 development, including the term sheets and how to apply to such
42 programs, which shall be updated when the availability of funding chang-
43 es; and
44 (ii) contact and application information for such programs which shall
45 be updated annually.
46 (e) The division of housing and community renewal, in consultation
47 with the office of temporary and disability assistance, shall take such
48 actions including, but not limited to, making publicly available on its
49 website a singular and concise list containing:
50 (i) every program available to assist individuals currently experienc-
51 ing homelessness or individuals at risk of homelessness, including but
52 not limited to, the New York state rental subsidy program, and any other
53 rental supplement program as authorized by a local social services
54 district; and
55 (ii) contact and application information for such programs which shall
56 be updated annually.
A. 8806--B 38
1 2. The commissioner shall identify such funds as necessary which may
2 be used to subsidize the homeownership opportunity connection program.
3 The commissioner shall further identify any not-for-profit housing
4 organizations to provide services to communities with below average
5 homeownership rates. The commissioner may, to the extent practicable,
6 allocate funds to such organizations for the explicit purpose of using
7 their membership or staff to directly seek out and notify residents
8 about the homeownership opportunity connection program and the programs
9 offered thereunder.
10 3. The commissioner's outreach efforts shall be made available to the
11 public by any means deemed appropriate by the division of housing and
12 community renewal including, but not limited to:
13 (a) social media, internet, radio, newspapers, and print advertising;
14 (b) brochures, billboards and posters;
15 (c) collaboration with schools of higher education;
16 (d) participation in, or organizing of, housing fairs;
17 (e) collaboration with community organizations or not-for-profit
18 organizations;
19 (f) collaboration with the department of state to train realtors on
20 available programs; and
21 (g) recruitment of individual volunteers to serve as visible, public
22 ambassadors to promote this message.
23 § 2. Subdivision 1 of section 20 of the public housing law, as amended
24 by section 2 of part L of chapter 36 of the laws of 2019, is amended to
25 read as follows:
26 1. The commissioner shall, on or before October first in each year,
27 beginning in nineteen hundred ninety, submit and make publicly available
28 on its website one or more reports to the governor, the temporary presi-
29 dent of the senate, the speaker of the assembly, the minority leader of
30 the senate and minority leader of the assembly on the activity and
31 implementation of the state housing assistance programs for the previous
32 fiscal year. In addition, the commissioner shall, on or before February
33 first in each year, beginning in nineteen hundred ninety-one, submit an
34 interim report which contains, in tabular format only, the non-narrative
35 data compiled through November thirtieth of each year. The commissioner
36 shall submit on or before February first, nineteen hundred ninety a
37 report for the fiscal year commencing April first, nineteen hundred
38 eighty-eight and the most up to date non-narrative data, in tabular
39 format only, but in no event less than the data compiled through Septem-
40 ber thirtieth, nineteen hundred eighty-nine. All such reports shall
41 include, but not be limited to the low income housing trust fund
42 program, the affordable home ownership development program, the urban
43 initiatives program, the rural area revitalization program, the rural
44 rental assistance program, the homeless housing and assistance program,
45 the housing opportunities program for the elderly, the state of New York
46 mortgage agency forward commitment and mortgage insurance programs, the
47 housing finance agency secured loan rental program, the turnkey/enhanced
48 housing trust fund program, the special needs housing program, the
49 permanent housing for the homeless program, the infrastructure develop-
50 ment demonstration program [and], the mobile home cooperative fund
51 program, the New York access to home program, the New York main street
52 program, the rural and urban community investment program, the New York
53 access to homes for heroes program, and the housing our neighbors with
54 dignity program. For the purpose of producing such report or reports,
55 the commissioner shall be authorized to rely on information provided by
56 each administering agency or authority. Such report or reports shall, to
A. 8806--B 39
1 the extent applicable to a specific program, include but not be limited
2 to: (i) a narrative for each program reported describing the program
3 purpose, eligible applicants, eligible areas, income population to be
4 served, and limitations on funding; (ii) for each eligible applicant
5 receiving funding under the Housing Trust Fund or the Affordable Home
6 Ownership Development programs during the year specified herein, such
7 applicant's name and address, a description of the applicant's contract
8 amount, a narrative description of the specific activities performed by
9 such applicant, and the income levels of the occupants to be served by
10 the units all as proposed by the applicant at the time the contract is
11 awarded; (iii) a description of the distribution of funds for each cate-
12 gory of project funded under each program; (iv) the number of units or
13 beds under award, under contract, under construction and completed based
14 on a change in project status during the year for each program; (v) the
15 number of units or beds assisted during the year under each program;
16 (vi) the amount and type of assistance provided for such units or beds
17 placed under contract; (vii) based on total project costs, the number of
18 units or beds under contract and assisted through new construction,
19 substantial rehabilitation, moderate rehabilitation, improvements to
20 existing units or beds, and through acquisition only for each program;
21 (viii) for the number of units or beds under contract assisted through
22 new construction, substantial rehabilitation, moderate rehabilitation,
23 improvements to existing units or beds, and through acquisition only,
24 the level of state assistance expressed as a percentage of total project
25 cost; (ix) for those units and beds under contract a calculation of the
26 amount of non-state funds provided expressed as a percentage of total
27 project cost; (x) the number of units or beds completed and under award,
28 under contract and under construction for each program based on the
29 current program pipeline; (xi) for units or beds for which mortgage
30 assistance was provided by the state of New York mortgage agency, the
31 number of existing and newly constructed units; and (xii) a list, by
32 program, of units or beds assisted within each county. To the extent
33 that any law establishing or appropriating funds for any of the afore-
34 mentioned programs requires the commissioner to produce a report
35 containing data substantially similar to that required herein, this
36 report shall be deemed to satisfy such other requirements.
37 § 3. Section 2419 of the public authorities law, as amended by chapter
38 555 of the laws of 1989, is amended to read as follows:
39 § 2419. Annual report. The agency shall submit to the governor, the
40 chairman of the senate finance committee, the chairman of the assembly
41 ways and means committee, the comptroller [and], the director of the
42 budget, and make publicly available on its website within six months
43 after the end of its fiscal year, a complete and detailed report setting
44 forth: (1) its operations and accomplishments; (2) its receipts and
45 expenditures during such fiscal year in accordance with the categories
46 or classifications established by the agency for its operating and capi-
47 tal outlay purposes, including a listing of all private consultants
48 engaged by the agency on a contract basis and a statement of the total
49 amount paid to each such private consultant; (3) its assets and liabil-
50 ities at the end of its fiscal year, including a schedule of its mort-
51 gages and the status of reserve, special or other funds; (4) a schedule
52 of its bonds and notes outstanding at the end of its fiscal year,
53 together with a statement of the amounts redeemed and incurred during
54 such fiscal year; (5) a schedule of mortgages which have been insured
55 during such year and mortgages for which there exists an outstanding
56 commitment to insure and the status of the mortgage insurance fund and
A. 8806--B 40
1 other funds established by the corporation; and with respect to the
2 agency's fiscal years ending after nineteen hundred eighty-five; (6) a
3 breakdown by region (as defined in subdivision nine of section two thou-
4 sand four hundred twenty-six of this title) of the average income of
5 recipients of SONYMA mortgage loans for such fiscal year, stated sepa-
6 rately for SONYMA's tax exempt and blended program and SONYMA's taxable
7 program; (7) a breakdown by region of the income distribution of recipi-
8 ents of SONYMA mortgage loans for such fiscal year, stated separately
9 for SONYMA's tax exempt and blended program and SONYMA's taxable
10 program; [and] (8) a breakdown by region of the average purchase price
11 of structures acquired with SONYMA mortgage loans for such fiscal year,
12 stated separately for SONYMA's tax exempt and blended program and
13 SONYMA's taxable program; and (9) activities undertaken to promote the
14 operations of the agency including where it's promoted and any organiza-
15 tions the agency partners with for such activities. With respect to the
16 schedule mentioned in item five hereof, such schedule shall be submitted
17 within ninety days after the end of its fiscal year and shall be submit-
18 ted to the temporary president of the senate and speaker of the assembly
19 in addition to the aforementioned officers.
20 § 4. This act shall take effect on the thirtieth day after it shall
21 have become a law. Effective immediately, the addition, amendment and/or
22 repeal of any rule or regulation necessary for the implementation of
23 this act on its effective date are authorized to be made and completed
24 on or before such effective date.
25 PART CC
26 Section 1. Section 410-x of the social services law is amended by
27 adding a new subdivision 10 to read as follows:
28 10. A social services district shall establish differential payment
29 rates for child care services provided by licensed, registered or
30 enrolled child care providers as required by this subdivision.
31 (a) Local social services districts shall establish a differential
32 payment rate for child care services provided by licensed or registered
33 child care providers who provide care to a child or children experienc-
34 ing homelessness. Such differential payment rate shall be fifteen
35 percent higher than the actual cost of care or the applicable market-re-
36 lated payment rate established by the office in regulations, whichever
37 is less.
38 (b) Local social services districts shall establish a differential
39 payment rate for child care services provided by licensed, registered,
40 or enrolled child care providers who provide care to a child during
41 nontraditional hours. Nontraditional hours shall mean care provided
42 before six o'clock in the morning or after seven o'clock in the evening
43 Monday through Friday, any hour on Saturday or Sunday, or any hour
44 during a public holiday under section twenty-four of the general
45 construction law. Such differential payment rate shall be fifteen
46 percent higher than the actual cost of care or the applicable market-re-
47 lated payment rate established by the office in regulations, whichever
48 is less.
49 (c) Local social services districts may establish differential payment
50 rates that are higher than the actual cost of care or applicable market
51 rate for child care services provided in any other situation they deem
52 appropriate to incentivize licensed, registered or enrolled child care
53 providers to serve eligible families in need of care.
A. 8806--B 41
1 § 2. This act shall take effect on the first of April next succeeding
2 the date on which it shall have become a law.
3 PART DD
4 Section 1. The public housing law is amended by adding a new article
5 14-A to read as follows:
6 ARTICLE 14-A
7 HOUSING ACCESS VOUCHER PROGRAM
8 Section 605. Legislative findings.
9 606. Definitions.
10 607. Housing access voucher program.
11 608. Eligibility.
12 609. Funding allocation and distribution.
13 610. Payment of housing vouchers.
14 611. Leases and tenancy.
15 612. Rental obligation.
16 613. Monthly assistance payment.
17 614. Inspection of units.
18 615. Rent.
19 616. Vacated units.
20 617. Leasing of units owned by a housing access voucher local
21 administrator.
22 618. Verification of income.
23 619. Division of an assisted family.
24 620. Maintenance of effort.
25 621. Vouchers statewide.
26 622. Applicable codes.
27 623. Housing choice.
28 § 605. Legislative findings. The legislature finds that it is in the
29 public interest of the state to ensure that individuals and families are
30 not rendered homeless because of an inability to pay the cost of hous-
31 ing, and to aid individuals and families who are homeless or face an
32 imminent loss of housing in obtaining and maintaining suitable permanent
33 housing in accordance with the provisions of this article.
34 § 606. Definitions. For the purposes of this article, the following
35 terms shall have the following meanings:
36 1. "Homeless" means lacking a fixed, regular, and adequate nighttime
37 residence; having a primary nighttime residence that is a public or
38 private place not designed for or ordinarily used as a regular sleeping
39 accommodation for human beings, including a car, park, abandoned build-
40 ing, bus or train station, airport, campground, or other place not meant
41 for human habitation; living in a supervised publicly or privately oper-
42 ated shelter designated to provide temporary living arrangements
43 (including hotels and motels paid for by federal, state or local govern-
44 ment programs for low-income individuals or by charitable organizations,
45 congregate shelters, or transitional housing); exiting an institution
46 where an individual or family has resided and lacking a regular fixed
47 and adequate nighttime residence upon release or discharge; individuals
48 released or scheduled to be released from incarceration and lacking a
49 regular fixed and adequate nighttime residence upon release or
50 discharge; being a homeless family with children or unaccompanied youth
51 defined as homeless under 42 U.S.C. § 11302(a); having experienced a
52 long-term period without living independently in permanent housing or
53 having experienced persistent instability as measured by frequent moves
54 and being reasonably expected to continue in such status for an extended
A. 8806--B 42
1 period of time because of chronic disabilities, chronic physical health
2 or mental health conditions, substance addiction, histories of domestic
3 violence or childhood abuse, the presence of a child or youth with a
4 disability, multiple barriers to employment, or other dangerous or life-
5 threatening conditions, including conditions that relate to violence
6 against an individual or a family member.
7 2. "Imminent loss of housing" means having received a verified rent
8 demand or a petition for eviction; having received a court order result-
9 ing from an eviction action that notifies the individual or family that
10 they must leave their housing; facing loss of housing due to a court
11 order to vacate the premises due to hazardous conditions, which may
12 include but not be limited to asbestos, lead exposure, mold, and radon;
13 having a primary nighttime residence that is a room in a hotel or motel
14 and lacking the resources necessary to stay; facing loss of the primary
15 nighttime residence, which may include living in the home of another
16 household, where the owner or renter of the housing will not allow the
17 individual or family to stay, provided further, that an assertion from
18 an individual or family member alleging such loss of housing or home-
19 lessness shall be sufficient to establish eligibility; or fleeing or
20 attempting to flee domestic violence, dating violence, sexual assault,
21 stalking, human trafficking or other dangerous or life-threatening
22 conditions that relate to violence against the individual or a family
23 member, provided further that an assertion from an individual or family
24 member alleging such abuse and loss of housing shall be sufficient to
25 establish eligibility.
26 3. "Public housing agency" means any county, municipality, or other
27 governmental entity or public body that is authorized to administer any
28 public housing program (or an agency or instrumentality of such an enti-
29 ty), and any other public or private non-profit entity that administers
30 any other public housing program or assistance.
31 4. "Section 8 local administrator" means a public housing agency that
32 administers the Section 8 Housing Choice Voucher program under section 8
33 of the United States housing act of 1937 within a community, county or
34 region, or statewide, on behalf of and under contract with the housing
35 trust fund corporation.
36 5. "Housing access voucher local administrator" means a public housing
37 agency, as defined in subdivision three of this section, or Section 8
38 local administrator designated to administer the housing access voucher
39 program within a community, county or region, or statewide, on behalf of
40 and under contract with the housing trust fund corporation. In the city
41 of New York, the housing access voucher local administrator shall be the
42 New York city department of housing preservation and development, or the
43 New York city housing authority, or both.
44 6. "Family" means a group of persons residing together. Such group
45 includes, but is not limited to a family with or without children (a
46 child who is temporarily away from the home because of placement in
47 foster care is considered a member of the family) or any remaining
48 members of a tenant family. The commissioner shall have the discretion
49 to determine if any other group of persons qualifies as a family.
50 7. "Owner" means any private person or any entity, including a cooper-
51 ative, an agency of the federal government, or a public housing agency,
52 having the legal right to lease or sublease dwelling units.
53 8. "Dwelling unit" means a single-family dwelling, including attached
54 structures such as porches and stoops; or a single-family dwelling unit
55 in a structure that contains more than one separate residential dwelling
56 unit, and in which each such unit is used or occupied, or intended to be
A. 8806--B 43
1 used or occupied, in whole or in part, as the residence of one or more
2 persons.
3 9. "Income" shall mean the same as it is defined by 24 CFR § 5.609 and
4 any amendments thereto.
5 10. "Adjusted income" shall mean the same as it is defined by 24 CFR §
6 5.611 and any amendments thereto.
7 11. "Reasonable rent" means rent not more than the rent charged on
8 comparable units in the private unassisted market and rent charged for
9 comparable unassisted units in the premises.
10 12. "Fair market rent" means the fair market rent for each rental area
11 as promulgated annually by the United States department of housing and
12 urban development pursuant to 42 U.S.C. 1437f.
13 13. "Voucher" means a document issued by the housing trust fund corpo-
14 ration pursuant to this article to an individual or family selected for
15 admission to the housing access voucher program, which describes such
16 program and the procedures for approval of a unit selected by the family
17 and states the obligations of the individual or family under the
18 program.
19 14. "Lease" means a written agreement between an owner and a tenant
20 for the leasing of a dwelling unit to the tenant. The lease establishes
21 the conditions for occupancy of the dwelling unit by an individual or
22 family with housing assistance payments under a contract between the
23 owner and the housing access voucher local administrator.
24 15. "Dependent" means any member of the family who is neither the head
25 of household, nor the head of the household's spouse, and who is:
26 (a) under the age of eighteen;
27 (b) a person with a disability; or
28 (c) a full-time student.
29 16. "Elderly" means a person sixty-two years of age or older.
30 17. "Child care expenses" means expenses relating to the care of chil-
31 dren under the age of thirteen.
32 18. "Severely rent burdened" means those individuals and families who
33 pay more than fifty percent of their income in rent as defined by the
34 United States census bureau.
35 19. "Disability" means:
36 (a) the inability to engage in any substantial gainful activity by
37 reason of any medically determinable physical or mental impairment which
38 can be expected to result in death or which has lasted or can be
39 expected to last for a continuous period of not less than twelve months;
40 or
41 (b) in the case of an individual who has attained the age of fifty-
42 five and is blind, the inability by reason of such blindness to engage
43 in substantial gainful activity requiring skills or abilities comparable
44 to those of any gainful activity in which they have previously engaged
45 with some regularity and over a substantial period of time; or
46 (c) a physical, mental, or emotional impairment which:
47 (i) is expected to be of long-continued and indefinite duration;
48 (ii) substantially impedes his or her ability to live independently;
49 and
50 (iii) is of such a nature that such ability could be improved by more
51 suitable housing conditions; or
52 (d) a developmental disability that is a severe, chronic disability of
53 an individual that:
54 (i) is attributable to a mental or physical impairment or combination
55 of mental and physical impairments;
56 (ii) is manifested before the individual attains age twenty-two;
A. 8806--B 44
1 (iii) is likely to continue indefinitely;
2 (iv) results in substantial functional limitations in three or more of
3 the following areas of major life activity:
4 (A) self-care;
5 (B) receptive and expressive language;
6 (C) learning;
7 (D) mobility;
8 (E) self-direction;
9 (F) capacity for independent living; or
10 (G) economic self-sufficiency; and
11 (v) reflects the individual's need for a combination and sequence of
12 special, interdisciplinary, or generic services, individualized
13 supports, or other forms of assistance that are of lifelong or extended
14 duration and are individually planned and coordinated.
15 § 607. Housing access voucher program. The commissioner, subject to
16 the appropriation of funds for this purpose, shall implement a program
17 of rental assistance in the form of housing vouchers for eligible indi-
18 viduals and families who are homeless or who face an imminent loss of
19 housing in accordance with the provisions of this article. The housing
20 trust fund corporation shall issue vouchers pursuant to this article,
21 subject to appropriation of funds for this purpose, and may contract
22 with the division of housing and community renewal to administer any
23 aspect of this program in accordance with the provisions of this arti-
24 cle. The commissioner shall designate housing access voucher local
25 administrators in the state to make vouchers available to such individ-
26 uals and families and to administer other aspects of the program in
27 accordance with the provisions of this article.
28 § 608. Eligibility. The commissioner shall promulgate standards for
29 determining eligibility for assistance under this program. Individuals
30 and families who meet the standards shall be eligible regardless of
31 immigration status. Eligibility shall be limited to individuals and
32 families who are homeless or facing imminent loss of housing. Housing
33 access voucher local administrators may rely on a certification from a
34 social services provider serving homeless individuals, including, but
35 not limited to, homeless shelters to determine whether an applicant
36 qualifies as a homeless individual or family.
37 1. An individual or family shall be eligible for this program if they
38 are homeless or facing imminent loss of housing and have an income of no
39 more than fifty percent of the area median income, as defined by the
40 United States department of housing and urban development.
41 2. An individual or family in receipt of rental assistance pursuant to
42 this program shall be no longer financially eligible for such assistance
43 under this program when thirty percent of the individual's or family's
44 adjusted income is greater than or equal to the total rent for the
45 dwelling unit.
46 3. When an individual or family becomes financially ineligible for
47 rental assistance under this program pursuant to subdivision two of this
48 section, the individual or family shall retain rental assistance for a
49 period no shorter than one year, subject to appropriation of funds for
50 this purpose.
51 4. Income eligibility shall be verified prior to a housing access
52 voucher local administrator's initial determination to provide rental
53 assistance for this program and upon determination of such eligibility,
54 an individual or family shall annually certify their income for the
55 purpose of determining continued eligibility and any adjustments to such
56 rental assistance.
A. 8806--B 45
1 5. The commissioner may collaborate with the office of temporary and
2 disability assistance and other state and city agencies to allow a hous-
3 ing access voucher local administrator to access income information for
4 the purpose of determining an individual's or family's initial and
5 continued eligibility for the program.
6 6. Reviews of income shall be made no less frequently than annually.
7 § 609. Funding allocation and distribution. 1. Subject to appropri-
8 ation, funding shall be allocated by the commissioner in each county
9 except for those counties located within the city of New York, the
10 initial allocation shall be in proportion to the number of households in
11 each county or the city of New York who are severely rent burdened based
12 on data published by the United States census bureau. Funding for coun-
13 ties located within the city of New York shall be allocated directly to
14 the New York city department of housing preservation and development
15 and/or the New York city housing authority, as appropriate, in propor-
16 tion to the number of households in New York city as compared to the
17 rest of the state of New York who are severely rent burdened based on
18 data published by the United States census bureau.
19 2. The commissioner shall be responsible for distributing the funds
20 allocated in each county not located within the city of New York among
21 housing access voucher local administrators operating in each county or
22 in the city of New York.
23 3. Priority shall be given to applicants who are homeless. The commis-
24 sioner shall have the discretion to establish further priorities as
25 appropriate.
26 4. Up to ten percent of the funds allocated may be used by the commis-
27 sioner and the housing access voucher local administrator for adminis-
28 trative expenses attributable to administering the housing access vouch-
29 er program.
30 § 610. Payment of housing vouchers. 1. The housing voucher shall be
31 paid directly to any owner under a contract between the owner of the
32 dwelling unit to be occupied by the voucher recipient and the appropri-
33 ate housing access voucher local administrator. The commissioner shall
34 determine the form of the housing assistance payment contract and the
35 method of payment. A housing assistance payment contract entered into
36 pursuant to this section shall establish the payment standard (including
37 utilities and all maintenance and management charges) which the owner is
38 entitled to receive for each dwelling unit with respect to which such
39 assistance payments are to be made. The payment standard shall not
40 exceed one hundred twenty percent nor be less than ninety percent of the
41 fair market rent for the rental area in which it is located. Fair
42 market rent shall be determined pursuant to the procedures and standards
43 as set forth in the Federal Housing Choice voucher program, as set forth
44 in the applicable sections of Part 888 of Title 24 of the Code of Feder-
45 al Regulations. Fair market rent for a rental area shall be published
46 not less than annually by the commissioner and shall be made available
47 on the website of New York state homes and community renewal.
48 2. A housing assistance payment contract entered into pursuant to
49 subdivision one of this section may provide for an initial payment of up
50 to five months of rent arrears that have accrued during prior occupancy
51 of a dwelling unit by a voucher recipient if such payment of arrears is
52 necessary to continue such voucher recipient's occupancy of such dwell-
53 ing unit, and thereby prevent imminent loss of housing.
54 § 611. Leases and tenancy. Each housing assistance payment contract
55 entered into by a housing access voucher local administrator and the
56 owner of a dwelling unit shall provide:
A. 8806--B 46
1 1. that the lease between the tenant and the owner shall be for a term
2 of not less than one year, except that the housing access voucher local
3 administrator may approve a shorter term for an initial lease between
4 the tenant and the dwelling unit owner if the housing access voucher
5 local administrator determines that such shorter term would improve
6 housing opportunities for the tenant and if such shorter term is consid-
7 ered to be a prevailing local market practice;
8 2. that the dwelling unit owner shall offer leases to tenants assisted
9 under this article that:
10 (a) are in a standard form used in the locality by the dwelling unit
11 owner; and
12 (b) contain terms and conditions that:
13 (i) are consistent with state and local law; and
14 (ii) apply generally to tenants in the property who are not assisted
15 under this article;
16 (c) shall provide that during the term of the lease, the owner shall
17 not terminate the tenancy except for serious or repeated violation of
18 the terms and conditions of the lease, for violation of applicable state
19 or local law, or for other good cause, including, but not limited to,
20 the non-payment of the tenant's portion of the rent owed, and in the
21 case of an owner who is an immediate successor in interest pursuant to
22 foreclosure during the term of the lease vacating the property prior to
23 sale shall not constitute other good cause, except that the owner may
24 terminate the tenancy effective on the date of transfer of the unit to
25 the owner if the owner:
26 (i) will occupy the unit as a primary residence; and
27 (ii) has provided the tenant a notice to vacate at least ninety days
28 before the effective date of such notice;
29 (d) shall provide that any termination of tenancy under this section
30 shall be preceded by the provision of written notice by the owner to the
31 tenant specifying the grounds for that action, and any relief shall be
32 consistent with applicable state and local law;
33 3. that any unit under an assistance contract originated under this
34 article shall only be occupied by the individual or family designated in
35 said contract and shall be the designated individual or family's primary
36 residence. Contracts shall not be transferable between units and shall
37 not be transferable between recipients. A family or individual may
38 transfer their voucher to a different unit under a new contract pursuant
39 to this article;
40 4. that an owner shall not charge more than a reasonable rent as
41 defined in section six hundred six of this article.
42 § 612. Rental obligation. The monthly rental obligation for an indi-
43 vidual or family receiving housing assistance pursuant to the housing
44 access voucher program shall be the greater of:
45 1. thirty percent of the monthly adjusted income of the family or
46 individual; or
47 2. If the family or individual is receiving payments for welfare
48 assistance from a public agency and a part of those payments, adjusted
49 in accordance with the actual housing costs of the family, is specif-
50 ically designated by that agency to meet the housing costs of the fami-
51 ly, the portion of those payments that is so designated. These payments
52 include, but are not limited to any shelter assistance or housing
53 assistance administered by any federal, state or local agency.
54 § 613. Monthly assistance payment. 1. The amount of the monthly
55 assistance payment with respect to any dwelling unit shall be the
56 difference between the maximum monthly rent which the contract provides
A. 8806--B 47
1 that the owner is to receive for the unit and the rent the individual or
2 family is required to pay under section six hundred twelve of this arti-
3 cle.
4 2. The commissioner shall establish maximum rent levels for different
5 sized rentals in each rental area in a manner that promotes the use of
6 the program in all localities based on the fair market rent of the
7 rental area. Rental areas shall be determined by the commissioner. The
8 commissioner may rely on data or other information promulgated by any
9 other state or federal agency in determining the rental areas and fair
10 market rent.
11 3. The payment standard for each size of dwelling unit in a rental
12 area shall not be less than ninety percent and shall not exceed one
13 hundred twenty percent of the fair market rent established in section
14 six hundred six of this article for the same size of dwelling unit in
15 the same rental area, except that the commissioner shall not be required
16 as a result of a reduction in the fair market rent to reduce the payment
17 standard applied to a family continuing to reside in a unit for which
18 the family was receiving assistance under this article at the time the
19 fair market rent was reduced.
20 § 614. Inspection of units. Inspection of units shall be conducted
21 pursuant to the procedures and standards of the Federal Housing Choice
22 voucher program, as set forth in the applicable sections of Part 982 of
23 Title 24 of the Code of Federal Regulations.
24 § 615. Rent. 1. The rent for dwelling units for which a housing
25 assistance payment contract is established under this article shall be
26 reasonable in comparison with rents charged for comparable dwelling
27 units in the private, unassisted local market.
28 2. A housing access voucher local administrator (or other entity, as
29 provided in section six hundred seventeen of this article) may, at the
30 request of an individual or family receiving assistance under this arti-
31 cle, assist that individual or family in negotiating a reasonable rent
32 with a dwelling unit owner. A housing access voucher local administrator
33 (or other such entity) shall review the rent for a unit under consider-
34 ation by the individual or family (and all rent increases for units
35 under lease by the individual or family) to determine whether the rent
36 (or rent increase) requested by the owner is reasonable. If a housing
37 access voucher local administrator (or other such entity) determines
38 that the rent (or rent increase) for a dwelling unit is not reasonable,
39 the housing access voucher local administrator (or other such entity)
40 shall not make housing assistance payments to the owner under this
41 subdivision with respect to that unit.
42 3. If a dwelling unit for which a housing assistance payment contract
43 is established under this article is exempt from local rent control
44 provisions during the term of that contract, the rent for that unit
45 shall be reasonable in comparison with other units in the rental area
46 that are exempt from local rent control provisions.
47 4. Each housing access voucher local administrator shall make timely
48 payment of any amounts due to a dwelling unit owner under this section,
49 subject to appropriation of funds for this purpose.
50 § 616. Vacated units. If an assisted family vacates a dwelling unit
51 for which rental assistance is provided under a housing assistance
52 payment contract before the expiration of the term of the lease for the
53 unit, rental assistance pursuant to such contract may not be provided
54 for the unit after the month during which the unit was vacated.
55 § 617. Leasing of units owned by a housing access voucher local admin-
56 istrator. 1. If an eligible individual or family assisted under this
A. 8806--B 48
1 article leases a dwelling unit (other than a public housing dwelling
2 unit) that is owned by a housing access voucher local administrator
3 administering assistance to that individual or family under this
4 section, the commissioner shall require the unit of general local
5 government or another entity approved by the commissioner, to make
6 inspections required under section six hundred fourteen of this article
7 and rent determinations required under section six hundred fifteen of
8 this article. The housing access voucher local administrator shall be
9 responsible for any expenses of such inspections and determinations,
10 subject to the appropriation of funds for this purpose.
11 2. For purposes of this section, the term "owned by a housing access
12 voucher local administrator" means, with respect to a dwelling unit,
13 that the dwelling unit is in a project that is owned by such administra-
14 tor, by an entity wholly controlled by such administrator, or by a
15 limited liability company or limited partnership in which such adminis-
16 trator (or an entity wholly controlled by such administrator) holds a
17 controlling interest in the managing member or general partner. A dwell-
18 ing unit shall not be deemed to be owned by a housing access voucher
19 local administrator for purposes of this section because such adminis-
20 trator holds a fee interest as ground lessor in the property on which
21 the unit is situated, holds a security interest under a mortgage or deed
22 of trust on the unit, or holds a non-controlling interest in an entity
23 which owns the unit or in the managing member or general partner of an
24 entity which owns the unit.
25 § 618. Verification of income. The commissioner shall establish proce-
26 dures which are appropriate and necessary to assure that income data
27 provided to the housing access voucher local administrator and owners by
28 individuals and families applying for or receiving assistance under this
29 article is complete and accurate. In establishing such procedures, the
30 commissioner shall randomly, regularly, and periodically select a sample
31 of families to authorize the commissioner to obtain information on these
32 families for the purpose of income verification, or to allow those fami-
33 lies to provide such information themselves. Such information may
34 include, but is not limited to, data concerning unemployment compen-
35 sation and federal income taxation and data relating to benefits made
36 available under the social security act, 42 U.S.C. 301 et seq., the food
37 and nutrition act of 2008, 7 U.S.C. 2011 et seq., or title 38 of the
38 United States Code. Any such information received pursuant to this
39 section shall remain confidential and shall be used only for the purpose
40 of verifying incomes in order to determine eligibility of individuals
41 and families for benefits (and the amount of such benefits, if any)
42 under this article.
43 § 619. Division of an assisted family. 1. In those instances where a
44 family assisted under this article becomes divided into two otherwise
45 eligible individuals or families due to divorce, legal separation or the
46 division of the family, where such individuals or families cannot agree
47 as to which such individual or family should continue to receive the
48 assistance, and where there is no determination by a court, the housing
49 access voucher local administrator shall consider the following factors
50 to determine which of the individuals or families will continue to be
51 assisted:
52 (a) which of such individuals or families has custody of dependent
53 children;
54 (b) which such individual was the head of household when the voucher
55 was initially issued as listed on the initial application;
A. 8806--B 49
1 (c) the composition of such individuals and families and which such
2 family includes elderly or disabled members;
3 (d) whether domestic violence was involved in the breakup of such
4 family;
5 (e) which family members remain in the unit; and
6 (f) recommendations of social services professionals.
7 2. Documentation of these factors will be the responsibility of the
8 requesting parties. If documentation is not provided, the housing access
9 voucher local administrator will terminate assistance on the basis of
10 failure to provide information necessary for a recertification.
11 § 620. Maintenance of effort. Any funds made available pursuant to
12 this article shall not be used to offset or reduce the amount of funds
13 previously expended for the same or similar programs in a prior year in
14 any county or in the city of New York, but shall be used to supplement
15 any prior year's expenditures. The commissioner may grant an exception
16 to this requirement if any county, municipality, or other governmental
17 entity or public body can affirmatively show that such amount of funds
18 previously expended is in excess of the amount necessary to provide
19 assistance to all individuals and families within the area in which the
20 funds were previously expended who are homeless or facing an imminent
21 loss of housing.
22 § 621. Vouchers statewide. Notwithstanding section six hundred eleven
23 of this article, any voucher issued pursuant to this article may be used
24 for housing anywhere in the state. The commissioner shall inform voucher
25 holders that a voucher may be used anywhere in the state and, to the
26 extent practicable, the commissioner shall assist voucher holders in
27 finding housing in the area of their choice. Provided further, however,
28 that a voucher must be used in the county in which it was issued, or
29 within the city of New York, if the voucher was issued within the city
30 of New York, for no less than one year before it can be used in a
31 different jurisdiction, unless the issuing housing access voucher local
32 administrator grants a waiver, or the voucher holder, or a family member
33 thereof, is or has been the victim of domestic violence, dating
34 violence, sexual assault, or stalking.
35 § 622. Applicable codes. Housing eligible for participation in the
36 housing access voucher program shall comply with applicable state and
37 local health, housing, building and safety codes.
38 § 623. Housing choice. 1. The commissioner shall administer the hous-
39 ing access voucher program under this article to promote housing choice
40 for voucher holders. The commissioner shall affirmatively promote fair
41 housing to the extent possible under this program.
42 2. Nothing in this article shall lessen or abridge any fair housing
43 obligations promulgated by municipalities, localities, or any other
44 applicable jurisdiction.
45 § 2. This act shall take effect on the ninetieth day after it shall
46 have become a law. Effective immediately, the addition, amendment and/or
47 repeal of any rule, regulation, plan or guidance document necessary for
48 the implementation of this act on its effective date are authorized to
49 be made and completed on or before such effective date; provided further
50 that any rule, regulation, plan or guidance document shall apply only to
51 those counties located outside of the city of New York. The New York
52 city department of housing preservation and development and the New York
53 city housing authority, as applicable, shall promulgate or release
54 rules, regulations, plans or guidance documents as necessary for the
55 implementation of this act within the city of New York.
A. 8806--B 50
1 PART EE
2 Section 1. Notwithstanding any law, rule, or regulation to the contra-
3 ry, the higher education services corporation shall not seek recovery
4 for overpayment where, through administrative error by such corporation,
5 a student was incorrectly granted exclusion of parental income with a
6 dependent for the 2020--2021, 2021--2022, or 2022--2023 academic years
7 for the purposes of determining eligibility pursuant to section 667 of
8 the education law.
9 § 2. This act shall take effect immediately.
10 PART FF
11 Section 1. The smart schools bond act of 2024 is enacted to read as
12 follows:
13 SMART SCHOOLS BOND ACT OF 2024
14 Section 1. Short title.
15 2. Creation of a state debt.
16 3. Bonds of the state.
17 4. Use of moneys received.
18 Section 1. Short title. This act shall be known and may be cited as
19 the "smart schools bond act of 2024".
20 § 2. Creation of a state debt. The creation of a state debt in an
21 amount not exceeding in the aggregate two billion dollars
22 ($2,000,000,000) is hereby authorized to provide moneys for the single
23 purpose of improving learning and opportunity for public and nonpublic
24 school students of the state by funding capital projects to: acquire
25 learning technology equipment or facilities including, but not limited
26 to, interactive whiteboards, computer servers, and desktop, laptop and
27 tablet computers; install high-speed broadband or wireless internet
28 connectivity for schools and communities; construct, enhance, and
29 modernize educational facilities to accommodate pre-kindergarten
30 programs; install or construct zero-emission school bus charging infras-
31 tructure in district-owned or operated bus depots and garages; modernize
32 school buildings and school campuses to increase energy efficiency; and
33 install high-tech security features in school buildings and on school
34 campuses. The legislature may, by appropriate legislation and subject to
35 such conditions as it may impose, make available out of the proceeds of
36 the sale of bonds authorized in this act, moneys disbursed or to be
37 disbursed for the cost of approved capital projects undertaken by, or on
38 behalf of, school districts for such purposes.
39 § 3. Bonds of the state. The state comptroller is hereby authorized
40 and empowered to issue and sell bonds of the state up to the aggregate
41 amount of two billion dollars ($2,000,000,000) for the purposes of this
42 act, subject to the provisions of article five of the state finance law.
43 The aggregate principal amount of such bonds shall not exceed two
44 billion dollars ($2,000,000,000) excluding bonds issued to refund or
45 otherwise repay bonds heretofore issued for such purpose; provided,
46 however, that upon any such refunding or repayment, the total aggregate
47 principal amount of outstanding bonds may be greater than two billion
48 dollars ($2,000,000,000) only if the present value of the aggregate debt
49 service of the refunding or repayment bonds to be issued shall not
50 exceed the present value of the aggregate debt service of the bonds to
A. 8806--B 51
1 be refunded or repaid. The method for calculating present value shall be
2 determined by law.
3 § 4. Use of moneys received. The moneys received by the state from the
4 sale of bonds sold pursuant to this act shall be expended pursuant to
5 appropriations for capital projects related to design, planning, site
6 acquisition, demolition, construction, reconstruction, rehabilitation,
7 or acquisition and/or installation of equipment for the following types
8 of projects: capital projects related to educational technology equip-
9 ment or facilities including but not limited to interactive whiteboards;
10 computer servers; desktop and laptop computers, and tablets; high-speed
11 broadband or wireless internet connectivity for schools and communities;
12 capital projects to construct, enhance or modernize educational facili-
13 ties to accommodate pre-kindergarten programs; capital projects to
14 install or construct zero-emission school bus charging infrastructure in
15 district-owned or operated bus depots and garages; capital projects to
16 modernize school buildings and school campuses to increase energy effi-
17 ciency; and capital projects to install high-tech security features in
18 school buildings and on school campuses.
19 § 2. This act shall take effect immediately, provided that the
20 provisions of section one of this act shall not take effect unless and
21 until this act shall have been submitted to the people at the general
22 election to be held in November 2024 and shall have been approved by a
23 majority of all votes cast for and against it at such election. Upon
24 approval by the people, section one of this act shall take effect imme-
25 diately. The ballots to be furnished for the use of voters upon
26 submission of this act shall be in the form prescribed by the election
27 law and the proposition or question to be submitted shall be printed
28 thereon in substantially the following form, namely "The SMART SCHOOLS
29 BOND ACT OF 2024, as set forth in section one of part FF of chapter
30 (here insert the chapter number) of the laws of 2024, authorizes the
31 sale of state bonds of up to two billion dollars ($2,000,000,000) to
32 provide access to classroom technology and high-speed internet connec-
33 tivity to equalize opportunities for children to learn, to add classroom
34 space to expand high-quality pre-kindergarten programs, to install or
35 construct zero-emission school bus charging infrastructure, to modernize
36 schools to increase energy efficiency, and to install high-tech smart
37 security features in schools. Shall the SMART SCHOOLS BOND ACT OF 2024
38 be approved?".
39 PART GG
40 Section 1. Section 410-x of the social services law is amended by
41 adding a new subdivision 5-a to read as follows:
42 5-a. (a) For each group for which the office of children and family
43 services determines a separate payment rate pursuant to subdivision four
44 of this section, and at the same frequency, such office shall utilize a
45 cost estimation model to determine the actual cost providers incur when
46 providing child care. The cost estimation model shall identify and take
47 into account cost drivers including but not limited to employee salary
48 and benefits, enrollment levels, facility costs and compliance with
49 statutory and regulatory requirements. Where a quality rating system or
50 any quality indicators are being utilized, the cost estimation model
51 shall also take into account the cost of providing services at each
52 level of quality.
53 (b) In developing such model the office of children and family
54 services shall consult with stakeholders including, but not limited to,
A. 8806--B 52
1 representatives of child care resource and referral agencies, child care
2 providers and any state advisory council established pursuant to 42
3 U.S.C.S. § 9831 et. seq., as amended. The cost estimation model shall be
4 statistically valid, using complete and current data and rigorous
5 collection methods.
6 § 2. Section 410-z of the social services law, as added by section 52
7 of part B of chapter 436 of the laws of 1997, is amended to read as
8 follows:
9 § 410-z. Reporting requirements. 1. Each social services district
10 shall collect and submit to the [department] office of children and
11 family services, in such form and at such times as specified by the
12 [department] office of children and family services, such data and
13 information regarding child care assistance provided under the block
14 grant as the [department] office of children and family services may
15 need to comply with federal reporting requirements.
16 2. The office of children and family services shall prepare a report
17 detailing the actual cost providers incur when providing child care in
18 each setting, as determined by the cost estimation model established in
19 paragraph (a) of subdivision five of section four hundred ten-x of this
20 title. The report shall detail cost data for each setting, age group,
21 care provided to children with special needs, and any other grouping for
22 which a separate cost estimation is conducted. Such data shall include:
23 (a) the level of quality care as determined by a quality rating system
24 or any quality indicators utilized by the state;
25 (b) a description of the major cost drivers for providing care; and
26 (c) a comparison of the costs of child care for each grouping to the
27 market rate determined by the office of children and family services
28 pursuant to subdivision four of section four hundred ten-x of this
29 title.
30 The report shall be submitted to the governor, the speaker of the
31 assembly and the temporary president of the senate by June first, two
32 thousand twenty-five. The office of children and family services shall
33 post the information contained in the report on its website.
34 § 3. This act shall take effect immediately.
35 PART HH
36 Section 1. Section 3641 of the education law is amended by adding a
37 new subdivision 18 to read as follows:
38 18. Implementation of the smart schools bond act of 2024. a. Defi-
39 nitions. The following terms, whenever used or referred to in this
40 subdivision, unless the context indicates otherwise, shall have the
41 following meanings:
42 (1) "Bonds" shall mean general obligation bonds issued pursuant to the
43 "smart schools bond act of 2024" in accordance with article VII of the
44 New York state constitution and article five of the state finance law.
45 (2) "Smart schools investment plan" shall mean a document prepared by
46 a school district setting forth the smart schools project or projects to
47 be undertaken with such district's smart schools allocation.
48 (3) "Smart schools project" shall mean a capital project as set forth
49 and defined in subparagraphs four, five, six, seven, eight, or nine of
50 this paragraph.
51 (4) "Pre-kindergarten replacement project" shall mean a capital
52 project which, as a primary purpose, expands the availability of
53 adequate and appropriate instructional space for pre-kindergarten.
A. 8806--B 53
1 (5) "Community connectivity project" shall mean a capital project
2 which, as a primary purpose, expands high-speed broadband or wireless
3 internet connectivity in the local community, including school buildings
4 and campuses, for enhanced educational opportunity in the state.
5 (6) "Classroom technology project" shall mean a capital project to
6 expand high-speed broadband or wireless internet connectivity solely for
7 school buildings and campuses, or to acquire learning technology hard-
8 ware for schools, classrooms, and student use, including but not limited
9 to whiteboards, computer servers, desktop computers, laptop computers,
10 and tablet computers.
11 (7) "School safety and security technology project" shall mean a capi-
12 tal project to install high-tech security features in school buildings
13 and on school campuses, including but not limited to video surveillance,
14 emergency notification systems and physical access controls, for
15 enhanced educational opportunity in the state.
16 (8) "Zero-emission school bus charging infrastructure project" shall
17 mean a capital project to construct or install electric charging
18 stations that deliver electricity from a source outside a zero-emission
19 school bus into one or more zero-emission school buses or a capital
20 project to construct or install hydrogen fueling stations. Such electric
21 charging station may include several charge points simultaneously
22 connecting several zero-emission school buses to the station and any
23 related equipment needed to facilitate charging plug-in zero-emission
24 buses.
25 (9) "Energy efficiency project" shall mean a capital project to: (i)
26 install, upgrade, or modify a renewable energy system at a school build-
27 ing or for the purpose of converting or connecting a school building, or
28 portion thereof, to a renewable energy system; (ii) reduce energy use or
29 improve energy efficiency or occupant health at a school building; or
30 (iii) install renewable heating and cooling systems at a school build-
31 ing.
32 (10) "Renewable energy system" shall have the same meaning as section
33 sixty-six-p of the public service law.
34 (11) "Selected school aid" shall mean the sum of the amounts set forth
35 as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL
36 SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
37 TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL
38 SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",
39 "ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS
40 COST" under the heading "2023-24 BASE YEAR AIDS" in the school aid
41 computer listing produced by the commissioner in support of the enacted
42 budget for the two thousand twenty-four-twenty-five school year.
43 (12) "Smart schools allocation" shall mean, for each school district,
44 the product of (i) two billion dollars ($2,000,000,000) multiplied by
45 (ii) the quotient of such school district's selected school aid divided
46 by the total selected school aid to all school districts.
47 b. Smart schools investment plans. (1) The commissioner shall issue
48 guidelines setting forth required components and eligibility criteria
49 for smart schools investment plans to be submitted by school districts.
50 Such guidelines shall include but not be limited to: (i) a timeline for
51 school district submission of smart schools investment plans; (ii) any
52 requirements for the use of available state procurement options where
53 applicable; (iii) any limitations on the amount of a district's smart
54 schools allocation that may be used for assets with a short probable
55 life; and (iv) the loan of smart schools classroom technology pursuant
56 to section seven hundred fifty-five of this chapter.
A. 8806--B 54
1 (2) No school district shall be entitled to a smart schools grant
2 until such district shall have submitted a smart schools investment plan
3 to the department and received the commissioner's approval of such
4 investment plan. In developing such investment plan, school districts
5 shall consult with parents, teachers, students, community members and
6 other stakeholders. Such plan shall calculate the amount of classroom
7 technology to be loaned to students attending nonpublic schools pursuant
8 to section seven hundred fifty-five of this chapter in a manner that
9 includes the amount budgeted by the school district for servers, wire-
10 less access points and other portable connectivity devices to be
11 acquired as part of a school connectivity project.
12 (3) The commissioner shall review all smart schools investment plans
13 for compliance with all eligibility criteria and other requirements set
14 forth in the guidelines. The commissioner may approve or reject such
15 plans, or may return such plans to the school district for modifica-
16 tions. Upon approval, the smart schools project or projects described in
17 the investment plan shall be eligible for smart schools grants. A smart
18 schools project included in a school district's smart schools investment
19 plan shall not require separate approval of the commissioner unless it
20 is part of a school construction project required to be submitted for
21 approval of the commissioner pursuant to section four hundred eight of
22 this chapter and/or subdivision six of section thirty-six hundred two of
23 this article. Any department, agency or public authority shall provide
24 the commissioner with any information it requires to fulfill its duties
25 pursuant to this subdivision.
26 (4) Any amendments or supplements to a smart schools investment plan
27 shall be submitted to the commissioner for approval, and shall not take
28 effect until such approval is granted.
29 c. Expenditure of money. (1) Each school district which has an
30 approved smart schools investment plan including a smart schools project
31 or projects shall be entitled to a grant or grants for the smart schools
32 project or projects included therein in an amount, whether in the aggre-
33 gate or otherwise, not to exceed the smart schools allocation calculated
34 for such school district. The amount of such allocation not expended,
35 disbursed or encumbered for any school year shall be carried over for
36 expenditure and disbursement to the next succeeding school year. Expend-
37 itures from the smart schools allocation shall not be eligible for aid
38 under any other provision of this chapter.
39 (2) The amounts determined pursuant to this subdivision to be paid to
40 school districts shall be certified by the commissioner in accordance
41 with this subdivision. If, upon the option of a school district, a smart
42 schools investment plan directs that an amount be transferred or subal-
43 located to a department, agency, or public authority to be spent on
44 behalf of the school district, such amounts shall be transferred or
45 suballocated, consistent with such plan, upon the approval of the direc-
46 tor of the budget. The amounts of money so certified or made available
47 shall be paid by the comptroller in accordance with appropriations
48 therefor, provided, however, that the payment schedule set forth in
49 subdivision one of this section shall not apply to such payments. Such
50 payment shall fulfill any obligation of the state or the commissioner to
51 apportion funds pursuant to this subdivision, and whenever a school
52 district has been apportioned more money pursuant to this subdivision
53 than that to which it is entitled, the commissioner may deduct such
54 amount from the next apportionment to be made to such school district.
55 d. Consistency with federal tax law. All actions taken pursuant to
56 this subdivision shall be reviewed for consistency with provisions of
A. 8806--B 55
1 the federal internal revenue code and regulations thereunder, in accord-
2 ance with procedures established in connection with the issuance of any
3 tax exempt bonds pursuant to this subdivision, to preserve the tax
4 exempt status of such bonds.
5 e. Compliance with other law. Every recipient of funds to be made
6 available pursuant to this subdivision shall comply with all applicable
7 state, federal and local laws.
8 § 2. The state finance law is amended by adding a new section 97-bbbb
9 to read as follows:
10 § 97-bbbb. Smart schools bond fund of 2024. 1. There is hereby estab-
11 lished in the joint custody of the state comptroller and the commission-
12 er of taxation and finance a special fund to be known as the "smart
13 schools bond fund of 2024".
14 2. The state comptroller shall deposit into the smart schools bond
15 fund of 2024 all moneys received by the state from the sale of bonds
16 and/or notes for uses eligible pursuant to section four of the smart
17 schools bond act of 2024.
18 3. Moneys in the smart schools bond fund of 2024, following appropri-
19 ation by the legislature and allocation by the director of the budget,
20 shall be available only for reimbursement of expenditures made from
21 appropriations from the capital projects fund for the purpose of the
22 smart schools bond fund of 2024, as set forth in the smart schools bond
23 act of 2024.
24 4. No moneys received by the state from the sale of bonds and/or notes
25 sold pursuant to the smart schools bond act of 2024 shall be expended
26 for any project until funds therefor have been allocated pursuant to the
27 provisions of this section and copies of the appropriate certificates of
28 approval filed with the chair of the senate finance committee, the chair
29 of the assembly ways and means committee and the state comptroller.
30 § 3. Section 61 of the state finance law is amended by adding a new
31 subdivision 33 to read as follows:
32 SMART SCHOOLS PROJECTS OF 2024
33 33. Thirty years. For the payment of smart schools projects, including
34 but not limited to pre-kindergarten projects, community connectivity
35 projects, and classroom technology projects, all as defined in subdivi-
36 sion eighteen of section thirty-six hundred forty-one of the education
37 law and undertaken pursuant to a chapter of the laws of two thousand
38 twenty-four, enacting and constituting the smart schools bond act of
39 2024. Thirty years for pre-kindergarten projects, twenty years for
40 community connectivity projects, eighteen years for energy efficiency
41 projects, twelve years for zero-emission school bus charging infrastruc-
42 ture projects, and eight years for classroom technology projects or
43 school safety and security technology projects. Notwithstanding the
44 foregoing, for the purposes of calculating annual debt service, the
45 state comptroller shall apply a weighted average period of probable life
46 of such smart schools projects, including with any other works or
47 purposes to be financed with state debt. Weighted average period of
48 probable life shall be determined by computing the sum of the products
49 derived from multiplying the dollar value of the portion of the debt
50 contracted for each work or purpose (or class of works or purposes) by
51 the probable life of such work or purpose (or class of works or
52 purposes) and dividing the resulting sum by the dollar value of the
53 entire debt after taking into consideration any original issue premium
54 or discount.
55 § 4. Section 755 of the education law, as added by section 4 of part C
56 of chapter 56 of the laws of 2014, is amended to read as follows:
A. 8806--B 56
1 § 755. Loan of smart schools classroom technology. 1. In the several
2 cities and school districts of the state, school authorities, as defined
3 in subdivision twelve of section two of this chapter, shall have the
4 power and duty, to the extent provided in this section, to loan, upon
5 request of an individual or a group of individual pupils, to all pupils
6 legally attending nonpublic elementary or secondary schools located in
7 the school district, smart schools classroom technology acquired pursu-
8 ant to [subdivision] subdivisions sixteen and eighteen of section thir-
9 ty-six hundred forty-one of this chapter which is designated for use in
10 any public elementary or secondary schools of the state or is approved
11 by any school authorities. Such smart schools classroom technology made
12 available to nonpublic students shall be limited to that allowable under
13 [both] paragraph seven of subdivision sixteen of section thirty-six
14 hundred forty-one of this chapter, paragraph six of subdivision eighteen
15 of section thirty-six hundred forty-one of this chapter and section
16 seven hundred fifty-four of this article. Such smart schools classroom
17 technology is to be loaned free to such children, commencing with the
18 two thousand fourteen--two thousand fifteen school year, subject to such
19 rules and regulations as are or may be prescribed by the board of
20 regents and such school authorities.
21 2. No school district shall be required to loan smart schools class-
22 room technology in excess of the smart schools classroom technology
23 acquired by such district pursuant to [subdivision] subdivisions sixteen
24 and eighteen of section thirty-six hundred forty-one of this chapter.
25 Such smart schools classroom technology shall be loaned on an equitable
26 basis to children attending nonpublic schools in the district in the
27 current year, provided that nothing in this article shall be construed
28 to require a school district to loan to children attending nonpublic
29 schools, pursuant to this section, classroom technology purchased with
30 local or federal funds or with state funds other than funds apportioned
31 pursuant to subdivision sixteen of section [three hundred sixty-four]
32 thirty-six hundred forty-one of this chapter, and provided further that
33 no school district may loan smart schools classroom technology in an
34 aggregate amount greater than two hundred fifty dollars multiplied by
35 the nonpublic school enrollment in the base year, at time of enactment,
36 as defined in subparagraph three of paragraph n of subdivision one of
37 section thirty-six hundred two of this chapter. The payment of tuition
38 under article eighty-nine of this chapter is deemed to be an equitable
39 loan to children for whom such tuition is paid, and the provisions of
40 this section shall not apply.
41 3. School authorities shall adopt regulations specifying the date by
42 which requests for the purchase and loan of smart schools classroom
43 technology must be received by the district. Notice of such date shall
44 be given to all [non-public] nonpublic schools in the school district.
45 For the two thousand fourteen--two thousand fifteen school year, such
46 date shall not be earlier than the first day of January of such school
47 year, and for the two thousand fifteen--two thousand sixteen school year
48 and thereafter, such date shall not be earlier than the first day of
49 June of the school year prior to that for which such smart schools
50 classroom technology is being requested, provided, however, that a
51 parent or guardian of a child not attending a particular [non-public]
52 nonpublic school prior to January first or June first of the school
53 year, as applicable, may submit a written request for smart schools
54 classroom technology within thirty days after such child is enrolled in
55 such [non-public] nonpublic school. In no event, however, shall a
56 request made later than the times otherwise provided pursuant to this
A. 8806--B 57
1 subdivision be denied where a reasonable explanation is given for the
2 delay in making the request.
3 § 5. If otherwise applicable, all work performed on a project author-
4 ized by this act shall be subject to article eight of the labor law and
5 shall be subject to the enforcement of prevailing wage requirements by
6 the department of labor.
7 § 6. If any clause, sentence, paragraph, section or part of this act
8 shall be adjudged by any court of competent jurisdiction to be invalid,
9 such judgment shall not affect, impair or invalidate the remainder ther-
10 eof, but shall be confined in its operation to the clause, sentence,
11 paragraph, section or part thereof directly involved in the controversy
12 in which such judgment shall have been rendered.
13 § 7. This act shall take effect only in the event that section 1 of
14 part FF of a chapter of the laws of 2024, enacting the "smart schools
15 bond act of 2024," is submitted to the people at the general election to
16 be held in November 2024 and is approved by a majority of all votes cast
17 for and against it at such election. Upon such approval, this act shall
18 take effect immediately. Effective immediately, the addition, amendment,
19 and/or repeal of any rule or regulation necessary for the implementation
20 of the foregoing sections of this act are authorized and directed to be
21 made and completed on or before such effective date.
22 PART II
23 Section 1. Article 20 and sections 1000 and 1001 of the general munic-
24 ipal law, as renumbered by chapter 84 of the laws of 1981, are renum-
25 bered article 21 and sections 1100 and 1101, respectively, and a new
26 article 20 is added to read as follows:
27 ARTICLE 20
28 PRO-HOUSING COMMUNITIES
29 Section 1001. Definitions.
30 1002. Certification of pro-housing communities.
31 1003. Reporting.
32 § 1001. Definitions. The following definitions apply for the purposes
33 of this article:
34 1. "The division" shall mean the division of housing and community
35 renewal.
36 2. "Metropolitan transportation commuter district" shall refer to the
37 counties of the Bronx, Kings (Brooklyn), New York, Richmond (Staten
38 Island), Queens, Westchester, Orange, Putnam, Dutchess, Rockland,
39 Nassau, and Suffolk.
40 3. "Municipality" shall mean any city, town, or village.
41 4. "Permitting documentation" shall mean documentation and data to be
42 submitted to the division in a manner and format to be directed by the
43 division pursuant to rules and regulations developed after consultation
44 with relevant stakeholders.
45 5. "Pro-housing community program" shall mean the following programs:
46 (a) the downtown revitalization initiative administered by the depart-
47 ment of state;
48 (b) the NY forward program administered by the department of state;
49 (c) the regional council capital fund program administered by empire
50 state development corporation;
51 (d) the New York main street program administered by New York state
52 homes and community renewal;
53 (e) any capital grants made pursuant to the market New York program
54 administered by empire state development corporation;
A. 8806--B 58
1 (f) the Long Island investment fund administered by empire state
2 development corporation;
3 (g) the Mid-Hudson momentum fund administered by empire state develop-
4 ment corporation; and
5 (h) the public transportation modernization enhancement program admin-
6 istered by the department of transportation.
7 6. "Affected state entities" means (a) all agencies, offices, and
8 departments over which the governor has executive authority, and (b) all
9 public benefit corporations, public authorities, boards, and commis-
10 sions, for which the governor appoints the chair, the chief executive,
11 or the majority of board members, except for the port authority of New
12 York and New Jersey, any interstate or international authorities as
13 defined in section two of the public authorities law, and any local
14 authorities as defined in section two of the public authorities law.
15 § 1002. Certification of pro-housing communities. 1. Beginning on
16 April first, two thousand twenty-four, a municipality shall be certified
17 as a pro-housing community by the division when such municipality
18 achieves any of the following:
19 (a) If such municipality is located in the metropolitan transportation
20 commuter district, demonstrates through the permitting documentation
21 that it has increased its housing stock by one percent over the past
22 year or by three percent over the past three years;
23 (b) If such municipality is not located in the metropolitan transpor-
24 tation commuter district, demonstrates through the permitting documenta-
25 tion that it has increased its housing stock by one third of one percent
26 over the past year or by one percent over the past three years; or
27 (c) Demonstrates that the municipality has previously taken actions
28 within the previous five years or adopts a resolution approving any of
29 the following actions:
30 (i) streamlining permitting for multifamily housing, affordable hous-
31 ing, accessible housing, accessory dwelling units, transit-oriented
32 housing, supportive housing, senior housing, and LGBTQ+ senior housing;
33 (ii) adopting policies to affirmatively further fair housing;
34 (iii) incorporating regional housing needs into planning decisions;
35 (iv) increasing development capacity for residential uses;
36 (v) enacting policies that encourage a broad range of housing develop-
37 ment including but not limited to multifamily housing, affordable hous-
38 ing, accessible housing, accessory dwelling units, supportive housing,
39 senior housing, and LGBTQ+ senior housing;
40 (vi) allowing for the ministerial approval of lot splits;
41 (vii) creation or adoption of a municipal or regional affordable hous-
42 ing plan;
43 (viii) made suitable for occupancy property previously deemed aban-
44 doned pursuant to article nineteen-a of the real property actions and
45 proceedings law;
46 (ix) amending land-use requirements to permit the construction and
47 occupancy of residential housing in an area that previously permitted
48 only industrial or commercial use;
49 (x) decreasing minimum lot size requirements; or
50 (xi) making expenditures related to the production of housing and the
51 rehabilitation of existing buildings and structures including but not
52 limited to land acquisition, planning, engineering, construction costs,
53 and other hard and soft costs directly related to the construction,
54 rehabilitation, purchase or rental of housing.
55 2. The division shall act on an application for certification as a
56 pro-housing community within ninety days of receipt.
A. 8806--B 59
1 a. Certification as a pro-housing community will remain in effect for
2 three years from the date of such certification, after which time a
3 municipality may apply for re-certification.
4 b. Any municipality certified as a "pro-housing community" pursuant to
5 executive order thirty of two thousand twenty-three prior to April
6 first, two thousand twenty-four shall be deemed a pro-housing community
7 pursuant to this article and shall likewise have its certification
8 expire three years from the date it was certified as a "pro-housing
9 community" and shall comply with all requirements of this article when
10 applying for re-certification.
11 c. A municipality that has been certified as a pro-housing community
12 as provided in paragraph a or paragraph b of this subdivision shall
13 annually report to the division information related to its actions as a
14 pro-housing community including relevant housing permit data and updates
15 in zoning regulations. In the case of a municipality that has adopted a
16 resolution pursuant to this section such report shall include informa-
17 tion regarding the progress of the municipality toward the actions or
18 goals stated in the resolution.
19 3. Certification as a pro-housing community shall qualify the pro-
20 housing community for priority among other municipal applications
21 for such funds administered under a pro-housing community program.
22 4. When evaluating pro-housing community certification applications,
23 the division shall further prioritize municipalities that have adopted
24 actions related to affordable housing, supportive housing, adoption of
25 an affordable housing plan, and actions pursuant to subparagraph (viii)
26 of paragraph (c) of subdivision one of this section.
27 5. An affected state entity that administers any pro-housing community
28 program shall give priority among the municipal applications for such
29 funds to those applications made by municipalities that have been certi-
30 fied as pro-housing communities, and shall further prioritize among
31 certified pro-housing communities those identified by the division for
32 further prioritization pursuant to subdivision four of this section.
33 Provided, however, that applications made by municipalities that have
34 not been certified as pro-housing communities will not be deprioritized
35 relative to applications from certified pro-housing communities if the
36 application from the non-certified municipality is expressly for the
37 purpose of funding housing development, including mixed-use developments
38 that contain housing components, or would fund non-housing investments
39 necessary for and made in relation to a particular housing development.
40 § 1003. Reporting. 1. The commissioner of the division shall submit
41 and make publicly available on its website an annual report to the
42 governor, the speaker of the assembly, and the temporary president of
43 the senate, on or before February first of each year, that summarizes
44 the utilization of the pro-housing community certification for the
45 previous fiscal year.
46 2. Such report shall contain information pertaining to the previous
47 fiscal year including, but not limited to:
48 (a) the number of municipalities that applied for the pro-housing
49 community certification;
50 (b) the number of municipalities certified as a pro-housing community;
51 (c) the number of municipalities that applied for funds through a
52 pro-housing community program;
53 (d) the number of pro-housing communities that applied for funds
54 through a pro-housing community program;
55 (e) the number of municipalities that received awards from a pro-hous-
56 ing community program;
A. 8806--B 60
1 (f) the number of pro-housing communities that received awards from a
2 pro-housing community program;
3 (g) the number of housing units permitted in each pro-housing communi-
4 ty;
5 (h) the number of housing units completed in each municipality;
6 (i) the number of affordable housing units permitted in each pro-hous-
7 ing community;
8 (j) the number of affordable housing units completed in each munici-
9 pality;
10 (k) the area median income requirements of such affordable housing
11 units if applicable; and
12 (l) the number of pro-housing communities that adopted a resolution
13 described in section one thousand two of this article and the number of
14 those pro-housing communities that made progress toward the actions or
15 goals stated in the resolution.
16 § 2. This act shall take effect immediately.
17 PART JJ
18 Section 1. Short title. This act shall be known and may be cited as
19 the "Increasing Nutrition Support for Prenatal and Infant REsiliency
20 ("INSPIRE") pilot program".
21 § 2. The social services law is amended by adding a new section 152-e
22 to read as follows:
23 § 152-e. Increasing nutrition support for prenatal and infant resili-
24 ency "INSPIRE" pilot program. 1. The office of temporary and disability
25 assistance shall establish a one year pilot program to provide monthly
26 allowance to support low-income mothers and infants.
27 2. Pregnant individuals and families with a child under the age of one
28 year who are public assistance recipients, or income eligible to receive
29 public assistance shall be eligible to receive a subsidy under the
30 program. Eligible individuals shall receive a subsidy of four hundred
31 dollars per month for the last three months of pregnancy and the first
32 twelve months of a child's life under the program.
33 3. The department shall allocate the necessary funds to local social
34 services districts for this purpose. Monthly distributions shall be
35 made by local social services districts on the first of each month for
36 the duration of the program to eligible participants.
37 4. The office of temporary and disability assistance shall determine
38 how income shall be verified to determine eligibility under the program.
39 5. The office of temporary and disability assistance, in coordination
40 with local social services districts, shall assist eligible participants
41 with access to resources, subsidy management, and any other assistance
42 deemed necessary by such office.
43 6. Any financial assistance received by individuals from the monthly
44 allowance established under this section shall be exempt and disregarded
45 for the purposes of eligibility for any pilot program in relation to
46 direct cash transfers.
47 § 3. Paragraph (a) of subdivision 8 of section 131-a of the social
48 services law is amended by adding a new subparagraph (xiv) to read as
49 follows:
50 (xiv) any financial assistance received by individuals from the month-
51 ly allowance from the increasing nutrition support for prenatal and
52 infant resiliency "INSPIRE" program under section one hundred
53 fifty-two-e of this title. Such exemption and disregard shall be appli-
54 cable for the length of time the individual receives the allowance. The
A. 8806--B 61
1 commissioner shall seek federal waiver authority to disregard the income
2 from this allowance for the purpose of the supplemental nutrition
3 assistance program.
4 § 4. This act shall take effect immediately.
5 PART KK
6 Section 1. Section 370 of the education law is amended by adding two
7 new subdivisions 6-a and 6-b to read as follows:
8 6-a. "Large-scale construction project" shall mean any construction
9 project for which the total estimated cost is three million dollars or
10 more and:
11 (i) which is performed under the approved master capital plan of the
12 state university submitted pursuant to subdivision thirteen of section
13 three hundred fifty-five of this chapter; or
14 (ii) which involves the construction, acquisition, reconstruction,
15 rehabilitation or improvement of academic buildings, dormitories and
16 other facilities that are university-related economic development
17 projects authorized by law pursuant to section three hundred seventy-
18 two-a of this article.
19 6-b. "Project labor agreement" shall have the same meaning as set
20 forth in section two hundred twenty-two of the labor law.
21 § 2. Section 376 of the education law is amended by adding a new
22 subdivision 11 to read as follows:
23 11. (a) Each large-scale construction project shall only be undertaken
24 pursuant to a project labor agreement in accordance with section two
25 hundred twenty-two of the labor law.
26 (b) For any project which does not utilize a project labor agreement
27 pursuant to paragraph (a) of this subdivision, the fund shall provide a
28 specific written explanation of why a project labor agreement would not
29 be consistent with paragraph (a) of subdivision two of section two
30 hundred twenty-two of the labor law and why a project labor agreement on
31 the project would otherwise be inconsistent with statutes, rules, or
32 regulations applicable to the fund.
33 An exception shall be granted for a particular project contract by the
34 solicitation date.
35 (c) A letting agency may require the use of a project labor agreement
36 on construction projects where the total cost to the fund is less than
37 that for a large-scale construction project, if consistent with para-
38 graph (a) of subdivision two of section two hundred twenty-two of the
39 labor law.
40 § 3. This act shall take effect on the ninetieth day after it shall
41 have become a law and shall apply to all contracts entered into,
42 renewed, modified or amended on or after such date.
43 PART LL
44 Section 1. The executive law is amended by adding a new article 29 to
45 read as follows:
46 ARTICLE 29
47 NEW YORK STATE OFFICE OF CIVIL REPRESENTATION
48 Section 827. Office of civil representation.
49 828. Powers and duties of the office of civil representation.
50 829. Definitions.
51 830. Provision of legal representation, legal consultation, and
52 community education.
A. 8806--B 62
1 § 827. Office of civil representation. 1. There is hereby established
2 in the executive department an office of civil representation to create
3 and implement a program to provide access to legal services pursuant to
4 section eight hundred twenty-eight of this article.
5 2. The office shall be headed by an executive director who shall be
6 appointed by the governor with the advice and consent of the senate.
7 § 828. Powers and duties of the office of civil representation. The
8 executive director shall have the power and duty to:
9 1. establish a program to provide legal representation and legal
10 consultation including entering into contracts and agreements as may be
11 necessary, in accordance with section eight hundred thirty of this arti-
12 cle;
13 2. prepare and submit to the governor, the temporary president of the
14 senate, and the speaker of the assembly an annual report regarding the
15 program created under section eight hundred thirty of this article.
16 Such report shall include but not be limited to the following informa-
17 tion, disaggregated by county, provided, however, that the information
18 shall not be required for every case where the individual refuses to
19 provide the information or the information is not reasonably ascertaina-
20 ble:
21 (a) the total number of people provided legal representation and legal
22 consultation;
23 (b) the outcomes of the cases provided legal representation and, to
24 the extent known, the outcomes of the cases provided legal consultation;
25 (c) gender, race, ethnicity, and age;
26 (d) postal code of residence;
27 (e) household size;
28 (f) estimated length of tenancy;
29 (g) approximate household income;
30 (h) receipt of ongoing public assistance at the time such legal
31 services were initiated;
32 (i) tenancy in rent-regulated housing;
33 (j) tenancy in housing operated by or subsidized through a federal,
34 state or local rental subsidy program;
35 (k) legal services provided by type of legal issue;
36 (l) a list of designated legal organizations, the geographic region in
37 which such organizations provide services, and the amount of funding
38 provided to each;
39 (m) outcomes immediately following the provision of full legal repre-
40 sentation, as applicable and available, including, but not limited to,
41 the number of:
42 (i) judgments allowing individuals to remain in their residence;
43 (ii) judgments requiring individuals to be displaced from their resi-
44 dence; and
45 (iii) instances where an attorney representing an income-eligible
46 individual was discharged or withdrew;
47 (n) a list of landlords involved in eviction proceedings;
48 (o) residential evictions conducted by sheriffs or city marshals,
49 disaggregated by county;
50 (p) a list of designated community organizations, the geographic
51 region in which such organizations provide services, and the amount of
52 funding provided to each;
53 (q) the number of buildings in which outreach was conducted, the
54 number of workshops offered, the number of attendees at such workshops,
55 the number of people referred to non-profits having status under section
A. 8806--B 63
1 501 (C) (3) of the United States internal revenue code, and the number
2 of trainings offered; and
3 (r) an evaluation of implementation challenges and recommendations for
4 any future programmatic improvements.
5 3. provide an annual estimate for the funding necessary for the opera-
6 tion of the program under section eight hundred thirty of this article;
7 4. coordinate with other programs providing legal representation in
8 covered proceedings to ensure efficiency of functions and to prevent
9 duplication of work;
10 5. subject to available funding, create a program providing outreach
11 and education through designated legal organizations, or other community
12 organizations, to spread awareness of the availability of legal repre-
13 sentation and legal consultation by such designated legal organizations;
14 6. create and make available resources for individuals with regard to
15 their rights in civil legal matters regarding housing accommodations in
16 the languages required by law and such additional languages as may be
17 necessary; and
18 7. promulgates any rules, regulations, and guidance necessary for the
19 implementation of the provisions of this article.
20 § 829. Definitions. For the purposes of this article, the following
21 terms shall have the following meanings:
22 1. "executive director" means the executive director of the New York
23 state office of civil representation.
24 2. "office" means the New York state office of civil representation.
25 3. "eligible individual" means an individual who is at risk of losing
26 their housing accommodation in a covered proceeding and who has an
27 income at or below eighty percent of the area median income and, where
28 applicable, does not otherwise qualify for legal representation under
29 any other program providing individuals legal representation operated or
30 funded by a municipality, as well as any other individual meeting crite-
31 ria developed by the office, which may include but not be limited to
32 individuals eligible for a stay on the issuance of a warrant of eviction
33 under section seven hundred fifty-three of the real property actions and
34 proceedings law.
35 4. "covered proceeding" means any proceeding to evict an individual or
36 otherwise terminate a tenancy, any other proceeding that is likely to
37 result in an individual losing such individual's housing accommodation,
38 as determined by the office, or a proceeding brought by an eligible
39 individual to enforce the warranty of habitability or in response to the
40 unlawful actions of a landlord, as well as any appeals from any such
41 proceedings.
42 5. "designated legal organization" means a not-for-profit organization
43 or association having non-profit status under section 501(C)(3) of the
44 United States internal revenue code that has the capacity to provide
45 comprehensive and effective legal services for the program established
46 under section eight hundred thirty of this article. To the extent prac-
47 ticable, such designated legal organizations shall be organizations that
48 maintain a practice of furnishing free or reduced cost legal services to
49 individuals; possess expertise in the areas of law for covered
50 proceedings; have a demonstrated history or practice with regard to the
51 legal issues facing low-income residents of the state of New York;
52 possess adequate infrastructure to provide consistent legal represen-
53 tation and/or legal consultation.
54 6. "designated community organization" means a not-for-profit organ-
55 ization or association having non-profit status under section 501(C)(3)
56 of the United States internal revenue code that has the capacity to
A. 8806--B 64
1 provide education in a program established under section eight hundred
2 thirty of this article. To the extent practicable, such designated
3 community organization shall maintain a practice of furnishing free
4 services; possess expertise and experience in community education and
5 organizing, and ties to the communities they serve; demonstrate exper-
6 tise in recognizing and responding to the housing issues facing low-in-
7 come residents of the state of New York; possess adequate expertise to
8 provide consistent, high quality supervision, oversight, training, eval-
9 uation, and strategic response to emerging or changing needs in the
10 communities served; and maintain reasonable workloads and working condi-
11 tions for their staff.
12 7. "legal representation" means ongoing legal representation provided
13 by a designated legal organization to eligible individuals and the
14 provision of legal advice, advocacy, and assistance, including but not
15 be limited to: filing a notice of appearance, filing and preparation of
16 pleadings and motions on behalf of eligible individuals, court appear-
17 ances on behalf of eligible individuals, pre- and post-trial settlement
18 conferences, and any other activities needed to provide legal represen-
19 tation in a covered proceeding.
20 8. "legal consultation" means the provision of legal advice, including
21 advising an individual, who is not otherwise an eligible individual
22 under this section, of the applicable laws and remedies pertaining to
23 the covered proceeding in which they are involved, provided by a desig-
24 nated legal organization to an individual who is not otherwise an eligi-
25 ble individual.
26 9. "housing accommodation" means that part of any building or struc-
27 ture or any part thereof, permanent or temporary, occupied or intended,
28 arranged or designed to be used or occupied, by one or more individuals
29 as a residence, home, dwelling unit or apartment, sleeping place, board-
30 ing house, lodging house or hotel, and all essential services, privi-
31 leges, furnishings, furniture and facilities supplied in connection with
32 the occupation thereof.
33 § 830. Provision of legal representation, legal consultation, and
34 community education. 1. Subject to available funding and in accordance
35 with this article, the office shall develop programs to provide:
36 (a) legal representation through one or more designated legal organ-
37 izations to eligible individuals in covered proceedings throughout the
38 state;
39 (b) legal consultation through one or more designated legal organiza-
40 tions to individuals not eligible for legal representation under this
41 article and not otherwise eligible for legal consultation under any
42 program operated or funded by a municipality; and
43 (c) community outreach and education through one or more designated
44 legal organizations and/or designated community organizations regarding
45 the programs created herein.
46 2. In creating the programs under subdivision one of this section, the
47 executive director shall consult with the following:
48 (a) tenants and/or representatives of tenants, and community groups
49 representing low-income or other at-risk members of the community;
50 (b) legal and community-based organizations;
51 (c) representatives of the judiciary;
52 (d) representatives of a municipality operating or funding a program
53 providing legal representation, legal consultation, or community educa-
54 tion and outreach and/or representatives of the organizations involved
55 in such programs; and
A. 8806--B 65
1 (e) any other organizations or individuals as may be necessary as
2 determined by the executive director.
3 3. The office shall post on its website information regarding the
4 programs created under this section including how individuals may find
5 services available in their geographic area.
6 4. The office shall hold one or more hearings or listening sessions in
7 each region of the state on an annual basis to evaluate the programs
8 created pursuant to this section and to incorporate any necessary chang-
9 es to such programs.
10 § 2. Section 701 of the real property actions and proceedings law is
11 amended by adding a new subdivision 3 to read as follows:
12 3. Any court maintaining a covered proceeding, as defined by section
13 eight hundred twenty-nine of the executive law, shall notify all
14 respondents by mail upon filing of a petition, not less than fourteen
15 days before trial, of the ability to obtain legal representation or
16 legal consultation, as applicable, pursuant to section eight hundred
17 thirty of the executive law.
18 § 3. Subdivisions 1 and 2 of section 711 of the real property actions
19 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
20 of 1963 and subdivision 2 as amended by section 12 of part M of chapter
21 36 of the laws of 2019, are amended to read as follows:
22 1. The tenant continues in possession of any portion of the premises
23 after the expiration of [his] such tenant's term, without the permission
24 of the landlord or, in a case where a new lessee is entitled to
25 possession, without the permission of the new lessee. Acceptance of rent
26 after commencement of the special proceeding upon this ground shall not
27 terminate such proceeding nor effect any award of possession to the
28 landlord or to the new lessee, as the case may be. A proceeding seeking
29 to recover possession of real property by reason of the termination of
30 the term fixed in the lease pursuant to a provision contained therein
31 giving the landlord the right to terminate the time fixed for occupancy
32 under such agreement if [he deem] such landlord deems the tenant objec-
33 tionable, shall not be maintainable unless the landlord shall by compe-
34 tent evidence establish to the satisfaction of the court that the tenant
35 is objectionable. No proceeding shall be maintained unless the court
36 has notified an individual of the ability to obtain legal represen-
37 tation or legal consultation, as applicable, pursuant to section eight
38 hundred thirty of the executive law.
39 2. The tenant has defaulted in the payment of rent, pursuant to the
40 agreement under which the premises are held, and a written demand of the
41 rent has been made with at least fourteen days' notice requiring, in the
42 alternative, the payment of the rent, or the possession of the premises,
43 has been served upon [him] such tenant as prescribed in section seven
44 hundred thirty-five of this article. No proceeding shall be maintained
45 unless the court has notified an individual of the ability to obtain
46 legal representation or legal consultation, as applicable, pursuant to
47 section eight hundred thirty of the executive law. Any person succeeding
48 to the landlord's interest in the premises may proceed under this subdi-
49 vision for rent due [his] their predecessor in interest if [he] such
50 person has a right thereto. Where a tenant dies during the term of the
51 lease and rent due has not been paid and the apartment is occupied by a
52 person with a claim to possession, a proceeding may be commenced naming
53 the occupants of the apartment seeking a possessory judgment only as
54 against the estate. Entry of such a judgment shall be without prejudice
55 to the possessory claims of the occupants, and any warrant issued shall
56 not be effective as against the occupants.
A. 8806--B 66
1 § 4. Section 713 of the real property actions and proceedings law is
2 amended by adding a new subdivision 12 to read as follows:
3 12. No proceeding shall be maintained, unless the court has provided
4 the respondent with written notice of the ability of the respondent to
5 obtain legal representation or legal consultation, as applicable, pursu-
6 ant to section eight hundred thirty of the executive law.
7 § 5. Section 745 of the real property actions and proceedings law is
8 amended by adding a new subdivision 3 to read as follows:
9 3. Where a respondent who is an eligible individual, as defined in
10 subdivision three of section eight hundred twenty-nine of the executive
11 law, appears in court without counsel, the court shall notify such
12 respondent orally of the ability to obtain legal representation pursuant
13 to section eight hundred thirty of the executive law, and if such
14 respondent would like counsel, the court shall adjourn the trial and
15 provide sufficient time, not less than fourteen days, for such respond-
16 ent to retain and consult counsel and shall grant such further adjourn-
17 ments as the court deems necessary for such covered individual to obtain
18 counsel.
19 § 6. Subdivisions 1 and 3 of section 749 of the real property actions
20 and proceedings law, as amended by section 19 of part M of chapter 36 of
21 the laws of 2019, are amended to read as follows:
22 1. Upon rendering a final judgment for petitioner, the court shall
23 issue a warrant directed to the sheriff of the county or to any consta-
24 ble or marshal of the city in which the property, or a portion thereof,
25 is situated, or, if it is not situated in a city, to any constable of
26 any town in the county, describing the property, stating the earliest
27 date upon which execution may occur pursuant to the order of the court,
28 and commanding the officer to remove all persons named in the proceed-
29 ing, provided upon a showing of good cause, the court may issue a stay
30 of re-letting or renovation of the premises for a reasonable period of
31 time. However, no court shall issue a judgment authorizing the issuance
32 of a warrant of eviction against a respondent who has defaulted, or
33 authorize the execution of an eviction pursuant to a default judgment,
34 unless the court has provided the respondent with written notice of the
35 respondent's ability to obtain legal representation or legal consulta-
36 tion, as applicable, pursuant to section eight hundred thirty of the
37 executive law in eviction proceedings in the notice required by sections
38 seven hundred eleven, seven hundred forty-one and seven hundred forty-
39 five of this article.
40 3. Nothing contained herein shall deprive the court of the power to
41 stay or vacate such warrant for good cause shown prior to the execution
42 thereof, or to restore the tenant to possession subsequent to execution
43 of the warrant. The failure of the court to advise an individual of
44 their ability to obtain legal representation or legal consultation, as
45 applicable, pursuant to section eight hundred thirty of the executive
46 law in an eviction proceeding shall constitute good cause to stay or
47 vacate such warrant. In a judgment for non-payment of rent, the court
48 shall vacate a warrant upon tender or deposit with the court of the full
49 rent due at any time prior to its execution, unless the petitioner
50 establishes that the tenant withheld the rent due in bad faith. Peti-
51 tioner may recover by action any sum of money which was payable at the
52 time when the special proceeding was commenced and the reasonable value
53 of the use and occupation to the time when the warrant was issued, for
54 any period of time with respect to which the agreement does not make any
55 provision for payment of rent.
A. 8806--B 67
1 § 7. The real property law is amended by adding a new section 235-j to
2 read as follows:
3 § 235-j. Lease provisions waiving right to counsel void. Any
4 provision of a lease or contract waiving or otherwise limiting the
5 tenant's ability to obtain legal representation or legal consultation
6 under section eight hundred thirty of the executive law, as may be
7 applicable, shall be void and unenforceable.
8 § 8. Severability clause. If any provision of this act, or any appli-
9 cation of any provision of this act, is held to be invalid, or to
10 violate or be inconsistent with any federal law or regulation, that
11 shall not affect the validity or effectiveness of any other provision of
12 this act, which can be given effect without that provision or applica-
13 tion; and to that end, the provisions and applications of this act are
14 severable.
15 § 9. This act shall take effect January 1, 2025; provided, however,
16 that sections two through seven of this act shall take effect one year
17 after such date.
18 PART MM
19 Section 1. Subdivisions 2 and 3 of section 679-g of the education law,
20 as added by section 1 of part C of chapter 56 of the laws of 2015, are
21 amended to read as follows:
22 2. Eligibility. To be eligible for an award pursuant to this section,
23 an applicant shall: (a) have graduated from a high school located in New
24 York state or attended an approved New York state program for a state
25 high school equivalency diploma and received such high school equivalen-
26 cy diploma; (b) have graduated and obtained an undergraduate degree from
27 a college or university with its headquarters located in New York state
28 in or after the two thousand fourteen--fifteen academic year; (c) apply
29 for this program within two years of obtaining such degree; (d) be a
30 participant in a federal income-driven repayment plan whose payment
31 amount is generally ten percent of discretionary income; (e) have income
32 of less than [fifty] sixty-six thousand dollars; (f) comply with [subdi-
33 visions three and] subdivision five of section six hundred sixty-one of
34 this part; and (g) work in New York state, if employed. For purposes of
35 this program, "income" shall be the total adjusted gross income of the
36 applicant and the applicant's spouse, if applicable.
37 3. Awards. An applicant whose annual income is less than [fifty]
38 sixty-six thousand dollars shall be eligible to receive an award equal
39 to one hundred percent of his or her monthly federal income-driven
40 repayment plan payments for twenty-four months of repayment under the
41 federal program. Provided, however, that the awards granted under this
42 section shall be deferred for a recipient who has been granted a defer-
43 ment or forbearance under the federal income-driven repayment plan. Upon
44 completion of such deferment or forbearance period, such recipient shall
45 be eligible to receive an award for the remaining time period under this
46 subdivision. A recipient who is not a resident of New York state at the
47 time any payment is made under this program shall be required to refund
48 such payments to the state. The corporation shall be authorized to
49 recover such payments in accordance with rules and regulations promul-
50 gated by the corporation. A student who is delinquent or in default on a
51 student loan made under any statutory New York state or federal educa-
52 tion loan program or has failed to comply with the terms of a service
53 condition imposed by an award made pursuant to this article or has
A. 8806--B 68
1 failed to repay an award shall be ineligible to receive an award under
2 this program until such delinquency, default or failure is cured.
3 § 2. This act shall take effect July 1, 2024.
4 PART NN
5 Section 1. Subdivision 2 of section 667 of the education law, as
6 amended by chapter 376 of the laws of 2019, is amended to read as
7 follows:
8 2. Duration. No undergraduate shall be eligible for more than [four]
9 five academic years of study, or [five] six academic years if the
10 program of study normally requires five years. Students enrolled in a
11 program of remedial study, approved by the commissioner in an institu-
12 tion of higher education and intended to culminate in a degree in under-
13 graduate study shall, for purposes of this section, be considered as
14 enrolled in a program of study normally requiring five years. An under-
15 graduate student enrolled in an eligible two year program of study
16 approved by the commissioner shall be eligible for no more than [three]
17 four academic years of study. An undergraduate student enrolled in an
18 approved two or four-year program of study approved by the commissioner
19 who must transfer to another institution as a result of permanent
20 college closure shall be eligible for up to two additional semesters, or
21 their equivalent, to the extent credits necessary to complete [his or
22 her] such student's program of study were deemed non-transferable from
23 the closed institution or were deemed not applicable to such student's
24 program of study by the new institution. Any semester, quarter, or term
25 of attendance during which a student receives any award under this arti-
26 cle, after the effective date of the former scholar incentive program
27 and prior to academic year nineteen hundred eighty-nine--nineteen
28 hundred ninety, shall be counted toward the maximum term of eligibility
29 for tuition assistance under this section, except that any semester,
30 quarter or term of attendance during which a student received an award
31 pursuant to section six hundred sixty-six of this subpart shall be
32 counted as one-half of a semester, quarter or term, as the case may be,
33 toward the maximum term of eligibility under this section. Any semester,
34 quarter or term of attendance during which a student received an award
35 pursuant to section six hundred sixty-seven-a of this subpart shall not
36 be counted toward the maximum term of eligibility under this section.
37 § 2. This act shall take effect July 1, 2024.
38 PART OO
39 Section 1. Paragraph b of subdivision 2 of section 679-e of the
40 education law, as amended by section 1 of part VV of chapter 56 of the
41 laws of 2009, is amended to read as follows:
42 b. "Eligible period" means the [six-year] eight-year period after
43 completion of the [third] second year and before the commencement of the
44 [tenth] eleventh year of employment as an eligible attorney. For
45 purposes of this section, all periods of time during which an admitted
46 attorney was employed as an eligible attorney and all periods of time
47 during which a law school graduate awaiting admission to the New York
48 state bar was employed by a prosecuting [or] agency, criminal defense
49 agency, non-profit indigent civil legal services corporation as permit-
50 ted by section four hundred eighty-four of the judiciary law shall be
51 combined.
A. 8806--B 69
1 § 2. Paragraph d of subdivision 2 of section 679-e of the education
2 law, as amended by section 1 of part VV of chapter 56 of the laws of
3 2009, is amended to read as follows:
4 d. "Year of qualified service" means the twelve month period measured
5 from the anniversary of the attorney's employment as an eligible attor-
6 ney, or as a law school graduate awaiting admission to the New York
7 state bar employed by a prosecuting [or] agency, criminal defense
8 agency, non-profit indigent civil legal services corporation as permit-
9 ted by section four hundred eighty-four of the judiciary law, adjusted
10 for any interruption in employment. Any period of temporary leave from
11 service taken by an eligible attorney shall not be considered in the
12 calculation of qualified service. However, the period of temporary leave
13 shall be considered an interruption in employment and the calculation of
14 the time period of qualified service shall recommence when the eligible
15 attorney returns to full time service.
16 § 3. Paragraph a of subdivision 3 of section 679-e of the education
17 law, as amended by section 1 of part VV of chapter 56 of the laws of
18 2009, is amended to read as follows:
19 a. An eligible attorney may apply for reimbursement after the
20 completion of each year of qualified service provided however that
21 reimbursement to each eligible attorney shall not exceed [three thousand
22 four hundred] eight thousand dollars, per qualifying year, subject to
23 appropriations available therefor. The president may establish: (i) an
24 application deadline and (ii) a method of selecting recipients if in any
25 given year there are insufficient funds to cover the needs of all the
26 applicants. Awards shall be within the amounts appropriated for such
27 purpose and based on availability of funds.
28 § 4. Paragraph b of subdivision 3 of section 679-e of the education
29 law, as amended by section 1 of part VV of chapter 56 of the laws of
30 2009, is amended to read as follows:
31 b. An eligible attorney may apply after the completion of the [fourth]
32 second year of qualified service, and annually thereafter after the
33 completion of the [fifth] third through [ninth] eleventh year of quali-
34 fied service, and may seek a student loan expense grant for only the
35 previous year of qualified service within the time periods prescribed by
36 the president. An eligible attorney may receive student loan expense
37 grants for no more than [six] eight years of qualified service within an
38 eligible period.
39 § 5. This act shall take effect April 1, 2025. Nothing in this act
40 shall be implemented in a manner that diminishes the current award or
41 status of eligible attorneys currently participating in the program.
42 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
43 sion, section or part of this act shall be adjudged by any court of
44 competent jurisdiction to be invalid, such judgment shall not affect,
45 impair, or invalidate the remainder thereof, but shall be confined in
46 its operation to the clause, sentence, paragraph, subdivision, section
47 or part thereof directly involved in the controversy in which such judg-
48 ment shall have been rendered. It is hereby declared to be the intent of
49 the legislature that this act would have been enacted even if such
50 invalid provisions had not been included herein.
51 § 3. This act shall take effect immediately provided, however, that
52 the applicable effective date of Parts A through OO of this act shall be
53 as specifically set forth in the last section of such Parts.