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A08806 Summary:

BILL NOA08806B
 
SAME ASNo Same As
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
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).
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A08806 Actions:

BILL NOA08806B
 
01/17/2024referred to ways and means
02/20/2024amend (t) and recommit to ways and means
02/20/2024print number 8806a
03/12/2024amend (t) and recommit to ways and means
03/12/2024print number 8806b
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A08806 Memo:

Memo not available
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A08806 Text:



 
                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.
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