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A03006 Summary:

BILL NOA03006
 
SAME ASSAME AS UNI. S04006
 
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 2023-2024 state fiscal year; relates to contracts for excellence; relates to the high-impact tutoring set-aside; relates to maintenance of equity aid; relates to actual valuation; relates to average daily attendance; relates to supplemental public excess cost aid; relates to building aid for metal detectors, and safety devices for electrically operated partitions, room dividers and doors; relates to academic enhancement aid; relates to high tax aid; relates to prospective prekindergarten enrollment reporting; relates to transitional guidelines and rules; extends provisions of the statewide universal full-day pre-kindergarten program; relates to state aid adjustments; provides for the apportionment of state monies to certain nonpublic schools, to reimburse them for their expenses in complying with certain state requirements for the administration of state testing and evaluation programs relates to certain moneys apportioned; requires zero emission bus progress reporting; relates to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursement for the 2022-2023 school year, withholding a portion of employment preparation education aid and in relation to the effectiveness thereof; relates to a statement of the total funding allocation, in relation to the effectiveness thereof; relates to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; directs the commissioner of education to appoint a monitor for the Rochester city school district, establishes the powers and duties of such monitor and certain other officers and relates to the apportionment of aid to such school district, in relation to the effectiveness thereof; relates to the support of education, in relation to the effectiveness thereof; directs the education department to conduct a comprehensive study of alternative tuition rate-setting methodologies for approved providers operating school age programs receiving funding; 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 the financial stability of the Rochester city school district, in relation to the effectiveness thereof; provides for the repeal of certain provisions upon expiration thereof (Part A); establishes tuition authorization at the state university of New York and the city university of New York (Part B); provides access to medication abortion prescription drugs at the state university of New York and the city university of New York (Part C); removes the maximum award caps for the liberty partnerships program (Part D); provides for additional requirements for certified public account business entities (Part E); enacts the new homes targets and fast-track approval act to forestall restrictive land use practices and undue local disapprovals of housing development projects, especially affordable and supportive housing (Part F); requires certain densities of residential dwellings near transit stations (Part G); relates to housing production reporting to the division of homes and community renewal (Part H); relates to the determination of when a dwelling is abandoned (Part I); modernizes regulations for office building conversions; relates to residential occupancy of certain commercial buildings (Part J); establishes a program to address the legalization of specified basement dwelling units and the conversion of other specified basement dwelling units in a city with a population of one million or more (Part K); authorizes a city of one million or more to remove the cap on the floor area ratio of certain dwellings, in accordance with local zoning laws, ordinances or resolutions (Part L); authorizes a tax abatement for alterations and improvements to multiple dwellings for purposes of preserving habitability in affordable housing (Part M); relates to authorizing a city, town, or village other than a city with a population of one million or more to provide by local law for a tax exemption for new construction of eligible rental multiple dwellings (Part N); provides a tax exemption on the increase in value of property resulting from the addition of an accessory dwelling unit (Part O); relates to an exemption from real property taxation of certain multiple dwellings in a city having a population of one million or more; creates a tax exemption for affordable housing from commercial conversions (Part P); provides for the utilization of reserves in the mortgage insurance fund for various housing purposes (Part Q); relates to the completion date of eligible multiple dwellings (Part R); provides that on and after December 31, 2023, every employer shall pay a wage of not less than the adjusted minimum wage rage rate established annually by the commissioner for various regions of the state; ties increases to the lesser of 3 percent or the rate of change in the average of the most recent period between the first of August and thirty-first of July over the preceding twelve months for the regional CPI-W or any successor index (Part S); provides for employment opportunities for economically disadvantaged candidates and economically disadvantaged region candidates and apprenticeship utilization on public transactions (Part T); expands eligibility for child care assistance (Part U); makes permanent provisions of law related to restructuring financing for residential school placements (Part V); makes permanent certain provisions of law relating to the juvenile justice services close to home initiative (Part W); eliminates the requirement for combined education and other work/activity assignments, directs approval of certain education and vocational training activities up to two-year post-secondary degree programs and disregarding earned income received by a recipient of public assistance derived from participating in a qualified work activity or training program, and further disregards earned income following job entry for up to six consecutive months under certain circumstances (Part X); requires stolen public assistance funds to be promptly returned to the intended recipient (Part Y); increases the standards of monthly need for aged, blind and disabled persons living in the community (Part Z).
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A03006 Actions:

BILL NOA03006
 
02/01/2023referred to ways and means
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A03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 4006                                                  A. 3006
 
                SENATE - ASSEMBLY
 
                                    February 1, 2023
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means

        AN  ACT  to amend the education law, in relation to contracts for excel-
          lence; in relation to the high-impact tutoring set-aside; to amend the
          education law, in relation to foundation aid; to amend  the  education
          law, in relation to the number of charters issued; to amend the educa-
          tion law, in relation to actual valuation; to amend the education law,
          in  relation  to average daily attendance; to amend the education law,
          in relation to supplemental public  excess  cost  aid;  to  amend  the
          education  law,  in  relation to building aid for metal detectors, and
          safety devices for electrically operated partitions, room dividers and
          doors; 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 prospective prekindergarten  enroll-
          ment  reporting;  to  amend  the education law, in relation to transi-
          tional guidelines and rules; to amend the education law,  in  relation
          to  universal  prekindergarten expansions; to amend the education law,
          in relation to extending provisions of the statewide  universal  full-
          day  pre-kindergarten program; to amend the education law, in relation
          to state aid adjustments; to amend the education law, in  relation  to
          certain moneys apportioned; to amend the education law, in relation to
          zero emission bus progress reporting; to amend chapter 756 of the laws
          of  1992  relating  to  funding  a  program  for  work force education
          conducted by the consortium for worker education in New York city,  in
          relation to reimbursement for the 2023-2024 school year, withholding a
          portion of employment preparation education aid and in relation to the
          effectiveness  thereof; to amend part CCC of chapter 59 of the laws of
          2018 amending the education law relating to a statement of  the  total
          funding allocation, in relation to the effectiveness thereof; to amend
          chapter 147 of the laws of 2001 amending the education law relating to
          conditional  appointment  of  school district, charter school or BOCES
          employees, in relation to the effectiveness thereof; to amend  part  C
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-01-3

        S. 4006                             2                            A. 3006
 
          of chapter 56 of the laws of 2020 directing the commissioner of educa-
          tion  to  appoint  a  monitor  for the Rochester city school district,
          establishing the powers and duties of such monitor and  certain  other
          officers  and  relating  to  the  apportionment  of aid to such school
          district, in relation to the effectiveness thereof; part C of  chapter
          57  of  the  laws  of  2004  relating  to the support of education, in
          relation to the effectiveness thereof; directing the education depart-
          ment to conduct a comprehensive study of alternative tuition rate-set-
          ting methodologies for approved  providers  operating  school-age  and
          preschool  programs  receiving  funding; to amend chapter  507  of the
          laws  of  1974  relating  to providing for the apportionment of  state
          monies  to certain nonpublic  schools,  to reimburse  them  for  their
          expenses in complying with certain state requirements for the adminis-
          tration of state testing and evaluation programs and for participation
          in  state  programs  for  the  reporting of basic educational data, in
          relation to the  calculation  of   nonpublic schools'  eligibility  to
          receive  aid; 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; providing for support of
          public libraries; to amend chapter 94 of the laws of 2002 relating  to
          the  financial  stability  of  the  Rochester city school district, in
          relation to the effectiveness thereof; and providing for the repeal of
          certain provisions upon expiration thereof  (Part  A);  to  amend  the
          education  law,  in  relation  to  tuition  authorization at the state
          university of New York and the city university of New York  (Part  B);
          to amend the education law, in relation to providing access to medica-
          tion  abortion  prescription drugs at the state university of New York
          and the city university of New York (Part C); to amend  the  education
          law,  in  relation  to removing the maximum award caps for the liberty
          partnerships program (Part D); to amend the business corporation  law,
          the partnership law and the limited liability company law, in relation
          to certified public accountants (Part E); to amend the general munici-
          pal  law  and  the public housing law, in relation to enacting the new
          homes targets and fast-track approval  act  (Part  F);  to  amend  the
          general  city  law,  the  town law and the village law, in relation to
          requiring certain densities  of  residential  dwellings  near  transit
          stations  (Part  G);  to  amend the public housing law, in relation to
          requiring certain housing production information to be reported to the
          division of housing and community renewal (Part H); to amend the  real
          property  actions and proceedings law, in relation to determining when
          a dwelling is abandoned (Part I); to amend the multiple dwelling  law,
          in  relation  to  modernizing  regulations for office building conver-
          sions; and providing for the repeal of certain provisions of such  law
          relating  thereto (Part J); to amend the multiple dwelling law and the
          private housing finance law, in relation to establishing a program  to
          address  the legalization of specified basement dwelling units and the
          conversion of other specified basement dwelling units in a city with a
          population of one million or more (Part  K);  to  amend  the  multiple
          dwelling law, in relation to authorizing a city of one million or more
          to  remove  the cap on the floor area ratio of certain dwellings (Part
          L); to amend the real property tax law, in relation to  authorizing  a
          tax  abatement  for alterations and improvements to multiple dwellings
          for purposes of preserving habitability in  affordable  housing  (Part
          M);  to  amend the real property tax law, in relation to authorizing a
          city, town or village other than a  city  with  a  population  of  one

        S. 4006                             3                            A. 3006
 
          million  or  more  to provide by local law for a tax exemption for new
          construction of eligible rental multiple dwellings (Part N); to  amend
          the real property tax law, in relation to providing a tax exemption on
          the  increase  in  value of property resulting from the addition of an
          accessory dwelling unit (Part O); to amend the labor law and the  real
          property  tax  law,  in  relation  to the exemption from real property
          taxation of certain multiple dwellings in a city having  a  population
          of  one  million or more (Part P); to utilize reserves in the mortgage
          insurance fund for various housing purposes (Part  Q);  to  amend  the
          real  property  tax  law,  in  relation to eligible multiple dwellings
          (Part R); to amend the  labor  law  and  the  public  health  law,  in
          relation  to indexing the minimum wage to inflation (Part S); to amend
          the New York city charter, the education law,  the  general  municipal
          law,  the  labor  law, the public authorities law, chapter 1016 of the
          laws of 1969 constituting the  New  York  city  health  and  hospitals
          corporation  act, and chapter 749 of the laws of 2019 constituting the
          New York city public works investment act, in  relation  to  providing
          for employment opportunities for economically disadvantaged candidates
          and  economically  disadvantaged  region candidates and apprenticeship
          utilization on public transactions; and providing for  the  repeal  of
          such  provisions upon expiration thereof (Part T); to amend the social
          services law, in relation to eligibility for  child  care  assistance;
          and  to  repeal  certain provisions of such law relating thereto (Part
          U); to amend part N of chapter 56 of the laws of  2020,  amending  the
          social  services  law relating to restructuring financing for residen-
          tial school placements, in relation to the effectiveness thereof (Part
          V); to amend subpart A of chapter 57 of the laws of 2012 amending  the
          social  services law and the family court act relating to establishing
          a juvenile justice services close to home  initiative,  and  to  amend
          subpart  B  of  part  G of chapter 57 of the laws of 2012 amending the
          social services law, the family court act and the executive law relat-
          ing to juvenile delinquents, in relation  to  making  such  provisions
          permanent  (Part  W); to amend the social services law, in relation to
          eliminating  the  requirement  for  combined   education   and   other
          work/activity assignments, directing approval of certain education and
          vocational  training  activities  up to two-year post-secondary degree
          programs and providing for a disregard of earned income received by  a
          recipient  of public assistance derived from participating in a quali-
          fied work activity or training program, and further  providing  for  a
          one-time  disregard of earned income following job entry for up to six
          consecutive months under certain circumstances (Part X); to amend  the
          social  services  law, in relation to the replacement of stolen public
          assistance (Part Y); and to amend the social services law, in relation
          to increasing the standards of monthly need for aged, blind and  disa-
          bled persons living in the community (Part Z)
 
          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 2023-2024 state fiscal year. Each component is
     4  wholly contained within a Part identified as  Parts  A  through  Z.  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

        S. 4006                             4                            A. 3006
 
     1  section  contained  within  a  Part, including the effective date of the
     2  Part, which makes a reference to a section "of this act", when  used  in
     3  connection  with  that particular component, shall be deemed to mean and
     4  refer  to  the  corresponding  section of the Part in which it is found.
     5  Section three of this act sets forth the general effective date of  this
     6  act.
 
     7                                   PART A
 
     8    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
     9  tion  law,  as amended by chapter 556 of the laws of 2022, is amended to
    10  read as follows:
    11    e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
    12  district  that  submitted a contract for excellence for the two thousand
    13  eight--two thousand nine school year shall submit a contract for  excel-
    14  lence  for  the  two  thousand  nine--two  thousand  ten  school year in
    15  conformity with the requirements of subparagraph (vi) of paragraph a  of
    16  subdivision  two  of this section unless all schools in the district are
    17  identified as in good standing  and  provided  further  that,  a  school
    18  district  that  submitted a contract for excellence for the two thousand
    19  nine--two thousand ten school year, unless all schools in  the  district
    20  are  identified  as in good standing, shall submit a contract for excel-
    21  lence for the two thousand eleven--two thousand twelve school year which
    22  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    23  graph  a of subdivision two of this section, provide for the expenditure
    24  of an amount which shall be not less than  the  product  of  the  amount
    25  approved  by the commissioner in the contract for excellence for the two
    26  thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
    27  district's  gap  elimination  adjustment percentage and provided further
    28  that, a school district that submitted a contract for excellence for the
    29  two thousand eleven--two thousand twelve school year, unless all schools
    30  in the district are identified as  in  good  standing,  shall  submit  a
    31  contract  for excellence for the two thousand twelve--two thousand thir-
    32  teen school  year  which  shall,  notwithstanding  the  requirements  of
    33  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    34  provide for the expenditure of an amount which shall be  not  less  than
    35  the  amount  approved by the commissioner in the contract for excellence
    36  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
    37  provided  further  that, a school district that submitted a contract for
    38  excellence for the two thousand  twelve--two  thousand  thirteen  school
    39  year,  unless  all  schools  in  the  district are identified as in good
    40  standing, shall submit a contract for excellence for  the  two  thousand
    41  thirteen--two thousand fourteen school year which shall, notwithstanding
    42  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    43  of this section, provide for the expenditure of an amount which shall be
    44  not less than the amount approved by the commissioner  in  the  contract
    45  for excellence for the two thousand twelve--two thousand thirteen school
    46  year  and  provided  further  that,  a  school district that submitted a
    47  contract for excellence for  the  two  thousand  thirteen--two  thousand
    48  fourteen  school year, unless all schools in the district are identified
    49  as in good standing, shall submit a contract for excellence for the  two
    50  thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
    51  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    52  subdivision  two  of  this  section,  provide  for the expenditure of an
    53  amount which shall be not less than the amount approved by  the  commis-
    54  sioner in the contract for excellence for the two thousand thirteen--two

        S. 4006                             5                            A. 3006
 
     1  thousand  fourteen  school  year;  and  provided  further that, a school
     2  district that submitted a contract for excellence for the  two  thousand
     3  fourteen--two  thousand  fifteen  school year, unless all schools in the
     4  district are identified as in good standing, shall submit a contract for
     5  excellence  for  the  two  thousand fifteen--two thousand sixteen school
     6  year which shall, notwithstanding the requirements of subparagraph  (vi)
     7  of  paragraph  a  of  subdivision  two  of this section, provide for the
     8  expenditure of an amount  which  shall  be  not  less  than  the  amount
     9  approved  by the commissioner in the contract for excellence for the two
    10  thousand  fourteen--two  thousand  fifteen  school  year;  and  provided
    11  further  that a school district that submitted a contract for excellence
    12  for the two thousand fifteen--two thousand sixteen school  year,  unless
    13  all  schools  in  the district are identified as in good standing, shall
    14  submit a contract for excellence for the two thousand sixteen--two thou-
    15  sand seventeen school year which shall, notwithstanding the requirements
    16  of subparagraph (vi) of paragraph a of subdivision two of this  section,
    17  provide  for  the  expenditure of an amount which shall be not less than
    18  the amount approved by the commissioner in the contract  for  excellence
    19  for  the  two  thousand  fifteen--two  thousand sixteen school year; and
    20  provided further that, a school district that submitted a  contract  for
    21  excellence  for  the two thousand sixteen--two thousand seventeen school
    22  year, unless all schools in the  district  are  identified  as  in  good
    23  standing,  shall  submit  a contract for excellence for the two thousand
    24  seventeen--two thousand eighteen school year which shall,  notwithstand-
    25  ing  the requirements of subparagraph (vi) of paragraph a of subdivision
    26  two of this section, provide for the  expenditure  of  an  amount  which
    27  shall  be  not  less than the amount approved by the commissioner in the
    28  contract for excellence  for  the  two  thousand  sixteen--two  thousand
    29  seventeen  school year; and provided further that a school district that
    30  submitted a contract for excellence for the two thousand  seventeen--two
    31  thousand  eighteen  school  year, unless all schools in the district are
    32  identified as in good standing, shall submit a contract  for  excellence
    33  for  the  two thousand eighteen--two thousand nineteen school year which
    34  shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
    35  graph  a of subdivision two of this section, provide for the expenditure
    36  of an amount which shall be not less than the  amount  approved  by  the
    37  commissioner  in the contract for excellence for the two thousand seven-
    38  teen--two thousand eighteen school year; and provided  further  that,  a
    39  school  district  that  submitted  a contract for excellence for the two
    40  thousand eighteen--two thousand nineteen school year, unless all schools
    41  in the district are identified as  in  good  standing,  shall  submit  a
    42  contract  for  excellence  for  the  two thousand nineteen--two thousand
    43  twenty school year which  shall,  notwithstanding  the  requirements  of
    44  subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
    45  provide for the expenditure of an amount which shall be  not  less  than
    46  the  amount  approved by the commissioner in the contract for excellence
    47  for the two thousand eighteen--two thousand nineteen  school  year;  and
    48  provided  further  that, a school district that submitted a contract for
    49  excellence for the two thousand  nineteen--two  thousand  twenty  school
    50  year,  unless  all  schools  in  the  district are identified as in good
    51  standing, shall submit a contract for excellence for  the  two  thousand
    52  twenty--two thousand twenty-one school year which shall, notwithstanding
    53  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    54  of this section, provide for the expenditure of an amount which shall be
    55  not less than the amount approved by the commissioner  in  the  contract
    56  for excellence for the two thousand nineteen--two thousand twenty school

        S. 4006                             6                            A. 3006
 
     1  year;  and  provided  further  that,  a school district that submitted a
     2  contract for excellence for the two thousand twenty--two thousand  twen-
     3  ty-one school year, unless all schools in the district are identified as
     4  in  good  standing,  shall  submit a contract for excellence for the two
     5  thousand twenty-one--two thousand twenty-two school  year  which  shall,
     6  notwithstanding  the requirements of subparagraph (vi) of paragraph a of
     7  subdivision two of this section,  provide  for  the  expenditure  of  an
     8  amount  which  shall be not less than the amount approved by the commis-
     9  sioner in the contract for excellence for the two  thousand  twenty--two
    10  thousand  twenty-one  school  year;  and provided further that, a school
    11  district that submitted a contract for excellence for the  two  thousand
    12  twenty-one--two  thousand  twenty-two school year, unless all schools in
    13  the district are identified as in good standing, shall submit a contract
    14  for excellence for the two  thousand  twenty-two--two  thousand  twenty-
    15  three  school  year  which  shall,  notwithstanding  the requirements of
    16  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
    17  provide  for  the  expenditure of an amount which shall be not less than
    18  the amount approved by the commissioner in the contract  for  excellence
    19  for  the  two  thousand twenty-one--two thousand twenty-two school year;
    20  and provided further that, a school district that submitted  a  contract
    21  for  excellence  for  the  two thousand twenty-two--two thousand twenty-
    22  three school year, unless all schools in the district are identified  as
    23  in  good  standing,  shall  submit a contract for excellence for the two
    24  thousand twenty-three--two thousand twenty-four school year which shall,
    25  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    26  subdivision  two  of  this  section,  provide  for the expenditure of an
    27  amount which shall be not less than the amount approved by  the  commis-
    28  sioner  in the contract for excellence for the two thousand twenty-two--
    29  two thousand twenty-three school year; provided,  however,  that,  in  a
    30  city  school  district  in  a city having a population of one million or
    31  more, notwithstanding the requirements of subparagraph (vi) of paragraph
    32  a of subdivision two of this section, the contract for excellence  shall
    33  provide  for  the  expenditure as set forth in subparagraph (v) of para-
    34  graph a of subdivision two of this section. For purposes of  this  para-
    35  graph,  the  "gap elimination adjustment percentage" shall be calculated
    36  as the sum of one minus the quotient of the sum of the school district's
    37  net gap elimination adjustment for two thousand ten--two thousand eleven
    38  computed pursuant to chapter fifty-three of the  laws  of  two  thousand
    39  ten,  making  appropriations  for  the  support  of government, plus the
    40  school district's gap elimination adjustment for two  thousand  eleven--
    41  two  thousand  twelve as computed pursuant to chapter fifty-three of the
    42  laws of two thousand eleven, making appropriations for  the  support  of
    43  the  local  assistance budget, including support for general support for
    44  public schools, divided by the total aid for adjustment computed  pursu-
    45  ant  to  chapter  fifty-three of the laws of two thousand eleven, making
    46  appropriations for the local assistance budget,  including  support  for
    47  general  support for public schools. Provided, further, that such amount
    48  shall be expended to support and maintain allowable programs and  activ-
    49  ities approved in the two thousand nine--two thousand ten school year or
    50  to  support  new  or  expanded  allowable programs and activities in the
    51  current year.
    52    § 2. Subdivision 4 of section 3602 of the education law is amended  by
    53  adding a new paragraph k to read as follows:
    54    k.  Foundation aid payable in the two thousand twenty-three--two thou-
    55  sand twenty-four school year. Notwithstanding any provision  of  law  to
    56  the  contrary, foundation aid payable in the two thousand twenty-three--

        S. 4006                             7                            A. 3006
 
     1  two thousand twenty-four school year shall be equal to the  sum  of  the
     2  total  foundation  aid base computed pursuant to paragraph j of subdivi-
     3  sion one of this section plus the greater of (a)  the  positive  differ-
     4  ence, if any, of (i) total foundation aid computed pursuant to paragraph
     5  a  of  this subdivision less (ii) the total foundation aid base computed
     6  pursuant to paragraph j of subdivision one of this section, or  (b)  the
     7  product  of  three  hundredths (0.03) multiplied by the total foundation
     8  aid base computed pursuant to paragraph j of  subdivision  one  of  this
     9  section.
    10    §  3.  Subdivision  4  of  section 3602 of education law is amended by
    11  adding a new paragraph e-1 to read as follows:
    12    e-1. High-impact tutoring set-aside.  For  the  two  thousand  twenty-
    13  three--two  thousand twenty-four school year, each school district shall
    14  set aside from its total foundation aid the amount set  forth  for  each
    15  school  district  as  "HIGH-IMPACT TUTORING SET-ASIDE" under the heading
    16  "2023-24 ESTIMATED AIDS" in the school aid computer listing produced  by
    17  the  commissioner in support of the executive budget request for the two
    18  thousand twenty-three--two thousand twenty-four school year and entitled
    19  "BT232-4", as computed pursuant to this paragraph. Each school  district
    20  shall  use  such  high-impact tutoring set-aside amount to deliver small
    21  group or individual tutoring sessions  in  reading  and  mathematics  to
    22  students  in  grades  three  through  eight  designated  by  each school
    23  district as at risk of falling below state standards. Such services  and
    24  sessions  may be provided during the school day, before or after school,
    25  or on the weekend and must occur no less than twice per week for no less
    26  than thirty minutes until the student is  no  longer  designated  as  at
    27  risk.  The  funds  set  aside  under  this section shall only be used to
    28  supplement current federal, state and local funding and in no case shall
    29  supplant current district expenditures of federal, state or local  funds
    30  on high-impact tutoring.
    31    (1) For the two thousand twenty-three--two thousand twenty-four school
    32  year,  for  districts  subject to a high-impact tutoring set-aside, this
    33  set-aside shall equal the greater of: (i) one hundred  thousand  dollars
    34  or  (ii)  the product of (A) one thousand one hundred seventy-seven ten-
    35  thousandths (0.1177) multiplied by (B) the foundation aid increase base.
    36    (2) A district shall be subject to the high-impact tutoring  set-aside
    37  for  the two thousand twenty-three--two thousand twenty-four school year
    38  if (i) the quotient arrived at when dividing the foundation aid increase
    39  by the foundation aid base is greater than three hundredths  (0.03)  and
    40  (ii)  the foundation aid increase base is greater than one hundred thou-
    41  sand dollars ($100,000).
    42    (3) For purposes of this paragraph, "foundation  aid  increase"  shall
    43  equal  the  positive difference of the amounts set forth for each school
    44  district as "FOUNDATION AID" under the heading "2023-24 ESTIMATED  AIDS"
    45  in  the  school  aid  computer  listing  produced by the commissioner in
    46  support of the executive budget request for  the  two  thousand  twenty-
    47  three--two  thousand twenty-four school year and entitled "BT232-4" less
    48  the amounts set forth for each school district as "FOUNDATION AID" under
    49  the heading "2022-23 BASE YEAR AIDS" in such computer listing.
    50    (4) For purposes of this paragraph,  "foundation  aid  increase  base"
    51  shall  equal the positive difference of the foundation aid increase less
    52  the product of three hundredths (0.03) multiplied by the  total  founda-
    53  tion aid base.
    54    §  4.   Subdivision 9 of section 2852 of the education law, as amended
    55  by section 2 of subpart A of part B of chapter 20 of the laws  of  2015,
    56  is amended to read as follows:

        S. 4006                             8                            A. 3006

     1    9. The total number of charters issued pursuant to this article state-
     2  wide  shall not exceed four hundred sixty. (a) All charters issued on or
     3  after July first, two thousand fifteen and counted toward the  numerical
     4  limits  established  by this subdivision shall be issued by the board of
     5  regents  upon  application  directly  to  the board of regents or on the
     6  recommendation of the board of trustees of the state university  of  New
     7  York  pursuant  to  a competitive process in accordance with subdivision
     8  nine-a of this section. [Fifty of such charters issued on or after  July
     9  first,  two thousand fifteen, and no more, shall be granted to a charter
    10  for a school to be located in a city having a population of one  million
    11  or  more.]  The  failure of any body to issue the regulations authorized
    12  pursuant to this article shall not affect the  authority  of  a  charter
    13  entity  to  propose  a  charter  to the board of regents or the board of
    14  regents' authority to grant such charter. A conversion  of  an  existing
    15  public  school  to  a  charter  school, or the renewal or extension of a
    16  charter approved by any charter entity, or the reissuance of  a  surren-
    17  dered,  revoked or terminated charter pursuant to paragraph (b) or (b-1)
    18  of this subdivision shall not be counted  toward  the  numerical  limits
    19  established by this subdivision.
    20    (b)  A  charter that has been surrendered, revoked or terminated on or
    21  before July first, two thousand fifteen, including a  charter  that  has
    22  not been renewed by action of its charter entity, may be reissued pursu-
    23  ant  to paragraph (a) of this subdivision by the board of regents either
    24  upon application directly to the board of regents or on the  recommenda-
    25  tion of the board of trustees of the state university of New York pursu-
    26  ant  to  a  competitive process in accordance with subdivision nine-a of
    27  this section. Provided that such reissuance shall not be counted  toward
    28  the  statewide  numerical  limit  established  by  this subdivision, and
    29  provided further that no more than twenty-two charters may  be  reissued
    30  pursuant to this paragraph.
    31    (b-1)  Notwithstanding any provision of law to the contrary, a charter
    32  that has been surrendered, revoked or terminated after July  first,  two
    33  thousand  fifteen,  including  a  charter  that  has not been renewed by
    34  action of its charter entity, may be reissued pursuant to paragraph  (a)
    35  of  this  subdivision  by  the  board of regents either upon application
    36  directly to the board of regents or on the recommendation of  the  board
    37  of  trustees  of  the state university of New York pursuant to a compet-
    38  itive process in accordance with subdivision  nine-a  of  this  section.
    39  Provided  that such reissuance shall not be counted toward the statewide
    40  numerical limit established by this subdivision.
    41    (c) For purposes of determining the total number  of  charters  issued
    42  within  the  numerical  limits  established  by  this  subdivision,  the
    43  approval date of the charter entity shall be the determining factor.
    44    (d) Notwithstanding any provision of this article to the contrary, any
    45  charter authorized to be issued by chapter fifty-seven of  the  laws  of
    46  two  thousand  seven  effective July first, two thousand seven, and that
    47  remains unissued as of July first, two thousand fifteen, may  be  issued
    48  pursuant  to the provisions of law applicable to a charter authorized to
    49  be issued by such chapter in effect as of June fifteenth,  two  thousand
    50  fifteen[;  provided  however  that  nothing  in  this paragraph shall be
    51  construed to increase the numerical limit applicable to a city having  a
    52  population  of  one million or more as provided in paragraph (a) of this
    53  subdivision, as amended by a chapter of the laws of two thousand fifteen
    54  which added this paragraph].

        S. 4006                             9                            A. 3006
 
     1    § 5. Paragraph c of subdivision 1 of section  3602  of  the  education
     2  law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
     3  2007, is amended to read as follows:
     4    c. "Actual valuation" shall mean the valuation of taxable real proper-
     5  ty  in  a  school  district obtained by taking the assessed valuation of
     6  taxable real property within  such  district  as  it  appears  upon  the
     7  assessment  roll  of  the  town,  city, village, or county in which such
     8  property is located, for the calendar year two years prior to the calen-
     9  dar year in which the base year commenced, after revision as provided by
    10  law, plus any assessed valuation that was exempted from taxation  pursu-
    11  ant  to  the class one reassessment exemption authorized by section four
    12  hundred eighty-five-u of the real property tax law  or  the  residential
    13  revaluation  exemption  authorized by section four hundred eighty-five-v
    14  of such law as added by chapter five hundred sixty of the  laws  of  two
    15  thousand  twenty-one,  and dividing it by the state equalization rate as
    16  determined by the [state board of equalization and  assessment]  commis-
    17  sioner  of  taxation  and finance, for the assessment roll of such town,
    18  city, village, or county completed during such preceding calendar  year.
    19  The  actual valuation of a central high school district shall be the sum
    20  of such valuations of its component  districts.  Such  actual  valuation
    21  shall  include  any  actual  valuation equivalent of payments in lieu of
    22  taxes determined pursuant to section four  hundred  eighty-five  of  the
    23  real property tax law. "Selected actual valuation" shall mean the lesser
    24  of  actual  valuation  calculated for aid payable in the current year or
    25  the two-year average of the actual valuation calculated for aid  payable
    26  in  the current year and the actual valuation calculated for aid payable
    27  in the base year.
    28    § 6. Paragraph d of subdivision 1 of section  3602  of  the  education
    29  law,  as  amended  by  section 11 of part B of chapter 57 of the laws of
    30  2007, is amended to read as follows:
    31    d. "Average daily attendance" shall mean the total number  of  attend-
    32  ance  days  of pupils in a public school of a school district in kinder-
    33  garten through grade twelve, or equivalent ungraded programs,  plus  the
    34  total  number  of  instruction  days for such pupils receiving homebound
    35  instruction including pupils receiving [instruction  through  a  two-way
    36  telephone  communication  system]  remote  instruction as defined in the
    37  regulations of the commissioner, divided  by  the  number  of  days  the
    38  district  school was in session as provided in this section. The attend-
    39  ance of pupils with disabilities attending under the provisions of para-
    40  graph c of subdivision two of section forty-four  hundred  one  of  this
    41  chapter shall be added to average daily attendance.
    42    §  7.  Paragraph  l  of subdivision 1 of section 3602 of the education
    43  law, as amended by section 11 of part B of chapter 57  of  the  laws  of
    44  2007, is amended to read as follows:
    45    l.  "Average  daily  membership"  shall  mean  the  possible aggregate
    46  attendance of all pupils in attendance in a public school of the  school
    47  district  in  kindergarten  through grade twelve, or equivalent ungraded
    48  programs,  including  possible  aggregate  attendance  for  such  pupils
    49  receiving homebound instruction, including pupils receiving [instruction
    50  through  a two-way telephone communication system] remote instruction as
    51  defined in the regulations of the commissioner, with the possible aggre-
    52  gate attendance of such pupils in one-half day kindergartens  multiplied
    53  by  one-half,  divided  by the number of days the district school was in
    54  session as provided in this section. The full time equivalent enrollment
    55  of pupils with disabilities attending under the provisions of  paragraph
    56  c  of  subdivision two of section forty-four hundred one of this chapter

        S. 4006                            10                            A. 3006
 
     1  shall be added to average daily membership.   Average  daily  membership
     2  shall  include  the  equivalent  attendance  of  the school district, as
     3  computed pursuant to paragraph d of this subdivision.  In  any  instance
     4  where  a  pupil  is  a resident of another state or an Indian pupil is a
     5  resident of any portion of a reservation located wholly or partly within
     6  the borders of the state pursuant to subdivision four of section  forty-
     7  one  hundred one of this chapter or a pupil is living on federally owned
     8  land or property, such pupil's possible aggregate  attendance  shall  be
     9  counted  as  part  of  the  possible  aggregate attendance of the school
    10  district in which such pupil is enrolled.
    11    § 8. The closing paragraph of subdivision 5-a of section 3602  of  the
    12  education  law,  as amended by section 14 of part A of chapter 56 of the
    13  laws of 2022, is amended to read as follows:
    14    For the two thousand eight--two thousand nine school year, each school
    15  district shall be entitled to an apportionment equal to the  product  of
    16  fifteen  percent  and  the additional apportionment computed pursuant to
    17  this subdivision for the two thousand seven--two thousand  eight  school
    18  year.  For the two thousand nine--two thousand ten [through two thousand
    19  twenty-two--two thousand twenty-three] school [years] year and thereaft-
    20  er each school district shall be entitled to an apportionment  equal  to
    21  the  amount  set  forth  for  such  school district as "SUPPLEMENTAL PUB
    22  EXCESS COST" under the heading "2008-09 BASE YEAR AIDS"  in  the  school
    23  aid  computer  listing  produced  by  the commissioner in support of the
    24  budget for the two thousand nine--two thousand ten school year and enti-
    25  tled "SA0910".
    26    § 9. Paragraph b of subdivision 6-c of section 3602 of  the  education
    27  law,  as  amended by section 11 of part CCC of chapter 59 of the laws of
    28  2018, is amended to read as follows:
    29    b. For projects approved by the  commissioner  authorized  to  receive
    30  additional building aid pursuant to this subdivision for the purchase of
    31  stationary  metal  detectors, security cameras or other security devices
    32  approved by the commissioner that increase the safety  of  students  and
    33  school  personnel,  provided  that  for  purposes of this paragraph such
    34  other security devices shall be limited to electronic  security  systems
    35  and  hardened  doors,  and  provided  that  for projects approved by the
    36  commissioner on or after the first day of  July  two  thousand  thirteen
    37  [and  before the first day of July two thousand twenty-three] such addi-
    38  tional aid shall equal  the  product  of  (i)  the  building  aid  ratio
    39  computed for use in the current year pursuant to paragraph c of subdivi-
    40  sion  six  of this section plus ten percentage points, except that in no
    41  case shall this amount exceed one hundred percent, and (ii)  the  actual
    42  approved  expenditures incurred in the base year pursuant to this subdi-
    43  vision, provided that the limitations on cost allowances  prescribed  by
    44  paragraph  a  of  subdivision  six  of this section shall not apply, and
    45  provided further that any projects aided under this  paragraph  must  be
    46  included  in  a  district's  school  safety plan. The commissioner shall
    47  annually prescribe a special cost allowance  for  metal  detectors,  and
    48  security  cameras,  and  the approved expenditures shall not exceed such
    49  cost allowance.
    50    § 10. Paragraph i of subdivision 12 of section 3602 of  the  education
    51  law,  as  amended  by  section 15 of part A of chapter 56 of the laws of
    52  2022, is amended to read as follows:
    53    i. For the two thousand  twenty-one--two  thousand  twenty-two  school
    54  year [and] through the two thousand [twenty-two] twenty-three--two thou-
    55  sand  [twenty-three] twenty-four school year, each school district shall
    56  be entitled to an apportionment equal to the amount set forth  for  such

        S. 4006                            11                            A. 3006
 
     1  school  district  as  "ACADEMIC  ENHANCEMENT" under the heading "2020-21
     2  ESTIMATED AIDS" in the school  aid  computer  listing  produced  by  the
     3  commissioner  in  support of the budget for the two thousand twenty--two
     4  thousand  twenty-one school year and entitled "SA202-1", and such appor-
     5  tionment shall be deemed to satisfy the state obligation to  provide  an
     6  apportionment  pursuant  to  subdivision  eight  of  section  thirty-six
     7  hundred forty-one of this article.
     8    § 11. The opening paragraph of subdivision 16 of section 3602  of  the
     9  education  law,  as amended by section 16 of part A of chapter 56 of the
    10  laws of 2022, is amended to read as follows:
    11    Each school district shall be eligible  to  receive  a  high  tax  aid
    12  apportionment  in the two thousand eight--two thousand nine school year,
    13  which shall equal the greater of (i) the sum of the tier 1 high tax  aid
    14  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    15  tax  aid apportionment or (ii) the product of the apportionment received
    16  by the school district pursuant to this subdivision in the two  thousand
    17  seven--two  thousand  eight  school  year, multiplied by the due-minimum
    18  factor, which shall equal, for districts with an alternate pupil  wealth
    19  ratio  computed  pursuant  to  paragraph  b of subdivision three of this
    20  section that is less than two, seventy percent (0.70), and for all other
    21  districts, fifty percent (0.50). Each school district shall be  eligible
    22  to  receive  a  high tax aid apportionment in the two thousand nine--two
    23  thousand ten through two thousand twelve--two thousand  thirteen  school
    24  years in the amount set forth for such school district as "HIGH TAX AID"
    25  under  the  heading  "2008-09 BASE YEAR AIDS" in the school aid computer
    26  listing produced by the commissioner in support of the  budget  for  the
    27  two  thousand  nine--two thousand ten school year and entitled "SA0910".
    28  Each school district shall be eligible to receive a high tax aid  appor-
    29  tionment in the two thousand thirteen--two thousand fourteen through two
    30  thousand  [twenty-two] twenty-three--two thousand [twenty-three] twenty-
    31  four school years equal to the greater of (1) the amount set  forth  for
    32  such  school  district as "HIGH TAX AID" under the heading "2008-09 BASE
    33  YEAR AIDS" in the school aid computer listing produced  by  the  commis-
    34  sioner  in support of the budget for the two thousand nine--two thousand
    35  ten school year and entitled "SA0910" or (2) the amount  set  forth  for
    36  such  school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
    37  MATED AIDS" in the school aid computer listing produced by  the  commis-
    38  sioner  in  support  of the executive budget for the 2013-14 fiscal year
    39  and entitled "BT131-4".
    40    § 12. Section 3602-e of the education law is amended by adding  a  new
    41  subdivision 3 to read as follows:
    42    3.  Prospective  prekindergarten enrollment reporting. a. Beginning in
    43  the two thousand twenty-three--two thousand twenty-four school year, all
    44  school districts eligible to receive an apportionment under this section
    45  or section thirty-six hundred two-ee of this part shall annually  report
    46  to  the  commissioner:  (i)  the number of four-year-old prekindergarten
    47  students the district intends to serve in full-day and half-day slots in
    48  district-operated programs in the current year; (ii) the number of four-
    49  year-old prekindergarten students the district intends to serve in full-
    50  day and half-day slots in programs operated by community-based organiza-
    51  tions  in  the  current  year;  (iii)  the   number   of   four-year-old
    52  prekindergarten students whose parent or guardian has applied for a seat
    53  for them in the current year, but to whom the district lacks capacity to
    54  offer  a  seat; (iv) the total number of four-year-old children residing
    55  in the district who are eligible to be served  under  this  section  and
    56  section thirty-six hundred two-ee of this part, including students whose

        S. 4006                            12                            A. 3006
 
     1  parent  or guardian did not apply, where such information can be reason-
     2  ably ascertained; (v) the total number of students who are  eligible  to
     3  enroll  in  four-year-old  prekindergarten  but  are  served  in private
     4  settings  or  whose  parent  or  guardian  has  not chosen to enroll the
     5  student in a prekindergarten  program  where  such  information  can  be
     6  reasonably  ascertained;  and  (vi)  any  other information available to
     7  districts and necessary to accurately  estimate  the  unmet  demand  for
     8  four-year-old  prekindergarten services within the district. This report
     9  shall be due no later than September first of each  year  and  shall  be
    10  collected  as  part of the application specified pursuant to subdivision
    11  five of this section. Beginning November  first,  two  thousand  twenty-
    12  three,  the  commissioner  shall  annually submit a report to the chair-
    13  person of the assembly ways and means committee, the chairperson of  the
    14  senate  finance  committee  and  the  director of the budget which shall
    15  include but not be limited to  the  information  reported  by  districts
    16  under this subdivision.
    17    § 13. Subdivision 20 of section 3602-e of the education law is amended
    18  by adding a new paragraph b to read as follows:
    19    b. Two thousand twenty-three--two thousand twenty-four school year.
    20    (i) The universal prekindergarten expansion for the two thousand twen-
    21  ty-three--two  thousand  twenty-four school year shall be equal to twice
    22  the product of (1) expansion slots multiplied by (2)  selected  aid  per
    23  prekindergarten  pupil  calculated pursuant to subparagraph (i) of para-
    24  graph b of subdivision ten of this section for the two thousand  twenty-
    25  three--two thousand twenty-four school year.
    26    (ii)  For purposes of this paragraph, "expansion slots" shall be slots
    27  for new full-day four-year-old prekindergarten pupils  for  purposes  of
    28  subparagraph  (ii)  of  paragraph  b of subdivision ten of this section.
    29  Expansion slots shall be equal to the positive difference,  if  any,  of
    30  (1) the product of eight hundred ninety-seven thousandths (0.897) multi-
    31  plied  by  unserved  four-year-old  prekindergarten pupils as defined in
    32  subparagraph (iv) of paragraph b of subdivision ten of this section less
    33  (2) the sum of four-year-old students served plus the underserved count.
    34  If such expansion slots are greater than or equal to ten but  less  than
    35  twenty, the expansion slots shall be twenty; if such expansion slots are
    36  less  than ten, the expansion slots shall be zero; and for a city school
    37  district in a city having a population  of  one  million  or  more,  the
    38  expansion slots shall be zero.
    39    (iii)  For purposes of this paragraph, "four-year-old students served"
    40  shall be equal to the sum of (1) the number  of  four-year-old  students
    41  served in full-day and half-day settings in a state funded program which
    42  must meet the requirements of this section as reported to the department
    43  for  the  two  thousand twenty-one--two thousand twenty-two school year,
    44  plus (2)  the  number  of  four-year-old  students  served  in  full-day
    45  settings  in  a state funded program which must meet the requirements of
    46  section thirty-six hundred two-ee of this part and for which grants were
    47  awarded prior to the two thousand twenty--two thousand twenty-one school
    48  year, plus (3) the number of expansion slots allocated pursuant to para-
    49  graph b of subdivision nineteen of this section, plus (4) the number  of
    50  expansion  slots  allocated pursuant to paragraph a of this subdivision,
    51  plus (5) the maximum number of students that may be served  in  full-day
    52  prekindergarten  programs  funded by grants which must meet the require-
    53  ments of section thirty-six hundred  two-ee  of  this  part  for  grants
    54  awarded  in  the two thousand twenty-one--two thousand twenty-two or two
    55  thousand twenty-two--two thousand twenty-three school year.

        S. 4006                            13                            A. 3006
 
     1    (iv) For purposes of this paragraph, the underserved  count  shall  be
     2  equal to the positive difference, if any, of (1) the sum of (a) eligible
     3  full-day four-year-old prekindergarten pupils as defined in subparagraph
     4  (ii) of paragraph b of subdivision ten of this section for the two thou-
     5  sand twenty-one--two thousand twenty-two school year, plus (b) the prod-
     6  uct of five-tenths (0.5) and the eligible half-day four-year-old prekin-
     7  dergarten  pupils  as  defined  in  subparagraph (iii) of paragraph b of
     8  subdivision ten of this section for  the  two  thousand  twenty-one--two
     9  thousand twenty-two school year, less (2) the positive difference of (a)
    10  the  number  of  four-year-old  students served in full-day and half-day
    11  settings in a state-funded program which must meet the  requirements  of
    12  this  section as reported to the department for the two thousand twenty-
    13  one--two thousand twenty-two school year, with students served in  half-
    14  day  settings  multiplied  by  five-tenths (0.5), less (b) the number of
    15  pupils served in  a  conversion  slot  pursuant  to  section  thirty-six
    16  hundred two-ee of this part in the two thousand twenty-one--two thousand
    17  twenty-two school year multiplied by five-tenths (0.5).
    18    § 14. Paragraph d of subdivision 12 of section 3602-e of the education
    19  law,  as  amended by section 17-b of part A of chapter 56 of the laws of
    20  2022, is amended to read as follows:
    21    d. transitional guidelines and rules which allow a program to meet the
    22  required staff qualifications  and  any  other  requirements  set  forth
    23  pursuant to this section and regulations adopted by the board of regents
    24  and  the  commissioner;  provided that such guidelines include an annual
    25  process by which a district may apply to the  commissioner  by  [August]
    26  September first of the current school year for a waiver that would allow
    27  personnel  employed  by  an eligible agency that is collaborating with a
    28  school district to provide prekindergarten services and licensed  by  an
    29  agency  other  than  the  department,  to  meet the staff qualifications
    30  prescribed by the licensing or registering  agency.  Provided,  further,
    31  that  the  commissioner  shall  annually  submit a report by [September]
    32  November first to the chairperson of the assembly ways and means commit-
    33  tee, the chairperson of the senate finance committee and the director of
    34  the budget which shall include but not be limited to the following:  (a)
    35  a  listing  of  the school districts receiving a waiver pursuant to this
    36  paragraph from the commissioner for the current  school  year;  (b)  the
    37  number and proportion of students within each district receiving a waiv-
    38  er  pursuant  to  this  paragraph  for  the current school year that are
    39  receiving instruction from personnel employed by an eligible agency that
    40  is collaborating with  a  school  district  to  provide  prekindergarten
    41  services  and  licensed  by an agency other than the department; and (c)
    42  the number and proportion of total prekindergarten  personnel  for  each
    43  school  district  that  are providing instructional services pursuant to
    44  this paragraph that are employed by an eligible agency that  is  collab-
    45  orating  with  a school district to provide prekindergarten services and
    46  licensed by an agency other than the department, to meet the staff qual-
    47  ifications prescribed by the licensing or registering agency.
    48    § 15. Paragraph c of subdivision 8 of section 3602-ee of the education
    49  law, as amended by section 17-a of part A of chapter 56 of the  laws  of
    50  2022, is amended to read as follows:
    51    (c) for eligible agencies as defined in paragraph b of subdivision one
    52  of section thirty-six hundred two-e of this part that are not schools, a
    53  bachelor's degree in early childhood education. Provided however, begin-
    54  ning  with the two thousand twenty-two--two thousand twenty-three school
    55  year, a school district  may  annually  apply  to  the  commissioner  by
    56  [August]  September  first  of the current school year for a waiver that

        S. 4006                            14                            A. 3006
 
     1  would allow personnel employed by an eligible agency that is collaborat-
     2  ing with a school  district  to  provide  prekindergarten  services  and
     3  licensed by an agency other than the department, to meet the staff qual-
     4  ifications  prescribed  by the licensing or registering agency. Provided
     5  further that the commissioner shall annually submit a report by [Septem-
     6  ber] November first to the chairperson of the assembly  ways  and  means
     7  committee,  the  chairperson  of  the  senate  finance committee and the
     8  director of the budget which shall include but not  be  limited  to  the
     9  following:  (a)  a  listing  of  the school districts receiving a waiver
    10  pursuant to this paragraph from the commissioner for the current  school
    11  year;  (b)  the  number  and proportion of students within each district
    12  receiving a waiver pursuant to this paragraph  for  the  current  school
    13  year that are receiving instruction from personnel employed by an eligi-
    14  ble agency that is collaborating with a school district to provide prek-
    15  indergarten  services  and  licensed by an agency other than the depart-
    16  ment; and  (c)  the  number  and  proportion  of  total  prekindergarten
    17  personnel  for  each  school  district  that are providing instructional
    18  services pursuant to this paragraph that are  employed  by  an  eligible
    19  agency  that  is collaborating with a school district to provide prekin-
    20  dergarten services and licensed by an agency other than the  department,
    21  to  meet  the staff qualifications prescribed by the licensing or regis-
    22  tering agency.
    23    § 16. Subdivision 16 of section  3602-ee  of  the  education  law,  as
    24  amended  by  section  17 of part A of chapter 56 of the laws of 2022, is
    25  amended to read as follows:
    26    16. The authority of the department to administer the universal  full-
    27  day  pre-kindergarten  program shall expire June thirtieth, two thousand
    28  [twenty-three] twenty-four; provided that the program shall continue and
    29  remain in full effect.
    30    § 17. Paragraph a of subdivision 5 of section 3604  of  the  education
    31  law,  as  amended by chapter 161 of the laws of 2005, is amended to read
    32  as follows:
    33    a. State aid adjustments. All errors or omissions in the apportionment
    34  shall be corrected by the commissioner. Whenever a school  district  has
    35  been  apportioned  less  money  than  that  to which it is entitled, the
    36  commissioner may allot to such district the balance to which it is enti-
    37  tled. Whenever a school district has been apportioned  more  money  than
    38  that  to which it is entitled, the commissioner may, by an order, direct
    39  such moneys to be paid back to the state to be credited to  the  general
    40  fund  local  assistance  account  for  state  aid to the schools, or may
    41  deduct such amount from the  next  apportionment  to  be  made  to  said
    42  district,  provided, however, that, upon notification of excess payments
    43  of aid for which a recovery must be made by the state through  deduction
    44  of  future  aid payments, a school district may request that such excess
    45  payments be  recovered  by  deducting  such  excess  payments  from  the
    46  payments due to such school district and payable in the month of June in
    47  (i) the school year in which such notification was received and (ii) the
    48  two  succeeding  school  years,  provided further that there shall be no
    49  interest penalty assessed against such  district  or  collected  by  the
    50  state.  Such  request  shall be made to the commissioner in such form as
    51  the commissioner shall prescribe, and shall be  based  on  documentation
    52  that the total amount to be recovered is in excess of one percent of the
    53  district's  total  general  fund  expenditures  for the preceding school
    54  year. The amount to be deducted in the first year shall be  the  greater
    55  of  (i) the sum of the amount of such excess payments that is recognized
    56  as a liability due to other governments by the district for the  preced-

        S. 4006                            15                            A. 3006

     1  ing  school year and the positive remainder of the district's unreserved
     2  fund balance at the close of the preceding school year less the  product
     3  of  the  district's  total  general  fund expenditures for the preceding
     4  school year multiplied by five percent, or (ii) one-third of such excess
     5  payments.  The amount to be recovered in the second year shall equal the
     6  lesser of the remaining amount of such excess payments to  be  recovered
     7  or  one-third  of such excess payments, and the remaining amount of such
     8  excess payments shall be recovered in the third year.  Provided  further
     9  that,  notwithstanding  any  other  provisions  of this subdivision, any
    10  pending payment of moneys due to such district as a prior  year  adjust-
    11  ment  payable pursuant to paragraph c of this subdivision for aid claims
    12  that had been previously paid as current year aid payments in excess  of
    13  the  amount  to which the district is entitled and for which recovery of
    14  excess payments is to be made  pursuant  to  this  paragraph,  shall  be
    15  reduced  at  the  time  of  actual  payment by any remaining unrecovered
    16  balance of such excess payments, and the remaining scheduled  deductions
    17  of  such  excess payments pursuant to this paragraph shall be reduced by
    18  the commissioner to reflect the amount so recovered.  [The  commissioner
    19  shall certify no payment to a school district based on a claim submitted
    20  later  than three years after the close of the school year in which such
    21  payment was first to be made.  For claims for which payment is first  to
    22  be  made  in  the nineteen hundred ninety-six--ninety-seven school year,
    23  the commissioner shall certify no payment to a school district based  on
    24  a  claim  submitted  later than two years after the close of such school
    25  year.] For claims for which payment is first to be made [in the nineteen
    26  hundred ninety-seven--ninety-eight school year and thereafter] prior  to
    27  the  two thousand twenty-two--two thousand twenty-three school year, the
    28  commissioner shall certify no payment to a school district  based  on  a
    29  claim submitted later than one year after the close of such school year.
    30  For  claims  for  which  payment is first to be made in the two thousand
    31  twenty-two--two thousand twenty-three school year  and  thereafter,  the
    32  commissioner  shall  certify  no payment to a school district based on a
    33  claim submitted later than the first of November of  such  school  year.
    34  Provided,  however,  no  payments  shall be barred or reduced where such
    35  payment is required as a result of a final audit of the  state.  [It  is
    36  further  provided  that,  until June thirtieth, nineteen hundred ninety-
    37  six, the commissioner may grant a waiver from  the  provisions  of  this
    38  section  for any school district if it is in the best educational inter-
    39  ests of the district pursuant to guidelines developed by the commission-
    40  er and approved by the director of the budget.] It is  further  provided
    41  that, for any apportionments provided pursuant to sections seven hundred
    42  one,  seven  hundred  eleven,  seven  hundred  fifty-one,  seven hundred
    43  fifty-three, nineteen hundred fifty, thirty-six hundred two,  thirty-six
    44  hundred  two-b,  thirty-six  hundred two-c, thirty-six hundred two-e and
    45  forty-four hundred five of this chapter for the two thousand twenty-two-
    46  -two thousand twenty-three and two thousand  twenty-three--two  thousand
    47  twenty-four school years, the commissioner shall certify no payment to a
    48  school  district,  other  than  payments  pursuant to subdivisions four,
    49  six-a, eleven, thirteen and fifteen of section thirty-six hundred two of
    50  this part, in excess of the payment computed based on an electronic data
    51  file used to produce the school aid computer  listing  produced  by  the
    52  commissioner  in  support  of the executive budget request submitted for
    53  the two thousand twenty-three--two  thousand  twenty-four  state  fiscal
    54  year  and  entitled  "BT232-4", and further provided that for any appor-
    55  tionments provided pursuant to sections seven hundred one, seven hundred
    56  eleven, seven hundred fifty-one,  seven  hundred  fifty-three,  nineteen

        S. 4006                            16                            A. 3006
 
     1  hundred  fifty,  thirty-six hundred two, thirty-six hundred two-b, thir-
     2  ty-six hundred two-c, thirty-six hundred two-e  and  forty-four  hundred
     3  five  of  this  chapter  for  the two thousand twenty-four--two thousand
     4  twenty-five  school  year and thereafter, the commissioner shall certify
     5  no payment to a school district, other than payments pursuant to  subdi-
     6  visions  four, six-a, eleven, thirteen and fifteen of section thirty-six
     7  hundred two of this part, in excess of the payment computed based on  an
     8  electronic  data  file  used  to produce the school aid computer listing
     9  produced by the commissioner in support of the executive budget  request
    10  submitted for the state fiscal year in which the school year commences.
    11    § 18. The opening paragraph of section 3609-a of the education law, as
    12  amended  by  section  19 of part A of chapter 56 of the laws of 2022, is
    13  amended to read as follows:
    14    For aid payable in the two thousand seven--two thousand  eight  school
    15  year  through  the  two  thousand  twenty-two--two thousand twenty-three
    16  school year, "moneys apportioned" shall mean the lesser of (i)  the  sum
    17  of  one  hundred  percent  of  the  respective amount set forth for each
    18  school district as payable pursuant to this section in  the  school  aid
    19  computer  listing  for  the current year produced by the commissioner in
    20  support of the budget which includes the appropriation for  the  general
    21  support  for  public schools for the prescribed payments and individual-
    22  ized payments due prior to April first for the  current  year  plus  the
    23  apportionment  payable during the current school year pursuant to subdi-
    24  vision six-a and subdivision fifteen of section thirty-six  hundred  two
    25  of  this  part  minus  any  reductions  to current year aids pursuant to
    26  subdivision seven of section thirty-six hundred four of this part or any
    27  deduction from  apportionment  payable  pursuant  to  this  chapter  for
    28  collection  of a school district basic contribution as defined in subdi-
    29  vision eight of section forty-four hundred one of this chapter, less any
    30  grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
    31  vision  four  of section ninety-two-c of the state finance law, less any
    32  grants provided pursuant to subdivision five  of  section  ninety-seven-
    33  nnnn  of  the  state  finance  law, less any grants provided pursuant to
    34  subdivision twelve of section thirty-six hundred forty-one of this arti-
    35  cle, or (ii) the apportionment calculated by the commissioner  based  on
    36  data  on  file  at  the time the payment is processed; provided however,
    37  that for the purposes of any payments  made  pursuant  to  this  section
    38  prior  to  the  first  business  day of June of the current year, moneys
    39  apportioned shall not include any aids payable pursuant to  subdivisions
    40  six  and  fourteen,  if applicable, of section thirty-six hundred two of
    41  this part as current year aid for  debt  service  on  bond  anticipation
    42  notes  and/or bonds first issued in the current year or any aids payable
    43  for full-day kindergarten for the current year pursuant  to  subdivision
    44  nine  of section thirty-six hundred two of this part. The definitions of
    45  "base year" and "current year"  as  set  forth  in  subdivision  one  of
    46  section thirty-six hundred two of this part shall apply to this section.
    47  [For  aid  payable  in the two thousand twenty-two--two thousand twenty-
    48  three school year, reference to such "school aid  computer  listing  for
    49  the  current year" shall mean the printouts entitled "SA222-3".] For aid
    50  payable in  the  two  thousand  twenty-three--two  thousand  twenty-four
    51  school  year  and thereafter, "moneys apportioned" shall mean the sum of
    52  apportionments provided pursuant to subdivision four of section  thirty-
    53  six  hundred two of this article plus the lesser of:  (i) the sum of one
    54  hundred percent of the respective  amount  set  forth  for  each  school
    55  district  as payable pursuant to this section in the school aid computer
    56  listing for the current year produced by the commissioner in support  of

        S. 4006                            17                            A. 3006
 
     1  the  executive  budget  request which includes the appropriation for the
     2  general support for public schools for the prescribed payments and indi-
     3  vidualized payments due prior to April first for the current  year  plus
     4  the  apportionment  payable  during  the current school year pursuant to
     5  subdivisions six-a and fifteen of section thirty-six hundred two of this
     6  part minus any reductions to current year aids pursuant  to  subdivision
     7  seven  of  section thirty-six hundred four of this part or any deduction
     8  from apportionment payable pursuant to this chapter for collection of  a
     9  school  district  basic  contribution as defined in subdivision eight of
    10  section forty-four hundred one of this chapter, less any grants provided
    11  pursuant to subparagraph two-a of paragraph b  of  subdivision  four  of
    12  section  ninety-two-c of the state finance law, less any grants provided
    13  pursuant to subdivision six of section ninety-seven-nnnn  of  the  state
    14  finance  law, less any grants provided pursuant to subdivision twelve of
    15  section thirty-six hundred forty-one of this  article,  less  apportion-
    16  ments  provided  pursuant  to  subdivision  four  of  section thirty-six
    17  hundred two of this article, or (ii) the apportionment calculated by the
    18  commissioner based on data on file at the time the payment is processed,
    19  excluding  apportionments  provided  pursuant  to  subdivision  four  of
    20  section  thirty-six  hundred two of this article; provided however, that
    21  for the purposes of any payments made pursuant to this section prior  to
    22  the  first  business day of June of the current year, moneys apportioned
    23  shall not include any aids payable  pursuant  to  subdivisions  six  and
    24  fourteen,  if applicable, of section thirty-six hundred two of this part
    25  as current year aid for debt service on bond anticipation  notes  and/or
    26  bonds  first issued in the current year or any aids payable for full-day
    27  kindergarten for the  current  year  pursuant  to  subdivision  nine  of
    28  section  thirty-six hundred two of this part. For aid payable in the two
    29  thousand twenty-three--two thousand twenty-four school  year,  reference
    30  to  such  "school  aid computer listing for the current year" shall mean
    31  the printouts entitled "BT232-4".
    32    § 19. Section 3638 of the education law is amended  by  adding  a  new
    33  subdivision 7 to read as follows:
    34    7. Zero-emission bus progress reporting. a. Beginning in the two thou-
    35  sand  twenty-three--two  thousand  twenty-four  school  year, all school
    36  districts eligible to receive an apportionment under  subdivision  seven
    37  of  section thirty-six hundred two of this article shall annually submit
    38  to the commissioner a progress report on the implementation of  zero-em-
    39  ission  buses  as  required under this section in a format prescribed by
    40  the commissioner and approved by the director of the budget.  The report
    41  shall include, but not be limited to, (i) sufficiency  of  the  electric
    42  grid  to support anticipated electrical needs, (ii) the availability and
    43  installation of charging  stations  and  other  components  required  to
    44  support the anticipated full needs for zero-emission school buses, (iii)
    45  progress  of  the  training and workforce development needed to support,
    46  maintain, and service zero-emission buses, (iv) the number  and  propor-
    47  tion  of zero-emission buses purchased, leased, or utilized by districts
    48  providing transportation services currently in use and the total  antic-
    49  ipated  number for the next two years, and (v) the number and proportion
    50  of zero-emission buses purchased, leased,  or  utilized  by  contractors
    51  providing  transportation services currently in use and the total antic-
    52  ipated number for the next two years.   These reports shall  be  due  no
    53  later  than  August  first  of each year.   Beginning October first, two
    54  thousand twenty-three, the commissioner shall annually submit  a  report
    55  to  the chairperson of the assembly ways and means committee, the chair-
    56  person of the senate finance committee and the director  of  the  budget

        S. 4006                            18                            A. 3006
 
     1  which  shall  include  but not be limited to the information reported by
     2  districts under this subdivision.
     3    §  20.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
     4  relating to funding a program for work force education conducted by  the
     5  consortium  for worker education in New York city, as amended by section
     6  20 of part A of chapter 56 of the laws of 2022, is amended  to  read  as
     7  follows:
     8    b.  Reimbursement for programs approved in accordance with subdivision
     9  a of this section for the reimbursement for the 2018--2019  school  year
    10  shall not exceed 59.4 percent of the lesser of such approvable costs per
    11  contact hour or fourteen dollars and ninety-five cents per contact hour,
    12  reimbursement  for  the  2019--2020  school  year  shall not exceed 57.7
    13  percent of the lesser of such  approvable  costs  per  contact  hour  or
    14  fifteen  dollars  sixty  cents  per  contact hour, reimbursement for the
    15  2020--2021 school year shall not exceed 56.9 percent of  the  lesser  of
    16  such  approvable  costs  per contact hour or sixteen dollars and twenty-
    17  five cents per contact hour, reimbursement  for  the  2021--2022  school
    18  year  shall  not  exceed  56.0  percent of the lesser of such approvable
    19  costs per contact hour or sixteen dollars and forty  cents  per  contact
    20  hour,  [and]  reimbursement  for  the  2022--2023  school year shall not
    21  exceed 55.7 percent of the lesser of such approvable costs  per  contact
    22  hour or sixteen dollars and sixty cents per contact hour, and reimburse-
    23  ment for the 2023--2024 school year shall not exceed 54.7 percent of the
    24  lesser of such approvable costs per contact hour or eighteen dollars per
    25  contact  hour,  and  where  a  contact  hour represents sixty minutes of
    26  instruction services provided to an eligible adult.  Notwithstanding any
    27  other provision of law to the contrary, for the 2018--2019  school  year
    28  such contact hours shall not exceed one million four hundred sixty-three
    29  thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
    30  year  such  contact  hours  shall  not  exceed  one million four hundred
    31  forty-four  thousand  four  hundred  forty-four  (1,444,444);  for   the
    32  2020--2021  school  year such contact hours shall not exceed one million
    33  four hundred six thousand nine hundred twenty-six (1,406,926);  for  the
    34  2021--2022  school  year such contact hours shall not exceed one million
    35  four hundred sixteen thousand one hundred twenty-two (1,416,122);  [and]
    36  for  the  2022--2023 school year such contact hours shall not exceed one
    37  million four hundred six thousand nine hundred  twenty-six  (1,406,926);
    38  and  for  the 2023--2024 school year such contact hours shall not exceed
    39  one million one hundred sixty-eight  thousand  six  hundred  ninety-nine
    40  (1,168,699). Notwithstanding any other provision of law to the contrary,
    41  the apportionment calculated for the city school district of the city of
    42  New York pursuant to subdivision 11 of section 3602 of the education law
    43  shall  be  computed  as if such contact hours provided by the consortium
    44  for worker education, not to exceed the contact hours set forth  herein,
    45  were eligible for aid in accordance with the provisions of such subdivi-
    46  sion 11 of section 3602 of the education law.
    47    §  21. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    48  ing a program for work force education conducted by the  consortium  for
    49  worker  education  in New York city, is amended by adding a new subdivi-
    50  sion bb to read as follows:
    51    bb. The provisions of this  subdivision  shall  not  apply  after  the
    52  completion of payments for the 2023--24 school year. Notwithstanding any
    53  inconsistent  provisions  of  law,  the  commissioner of education shall
    54  withhold a portion of employment preparation education aid  due  to  the
    55  city school district of the city of New York to support a portion of the
    56  costs of the work force education program. Such moneys shall be credited

        S. 4006                            19                            A. 3006
 
     1  to  the elementary and secondary education fund-local assistance account
     2  and shall not  exceed  eleven  million  five  hundred  thousand  dollars
     3  ($11,500,000).
     4    §  22. Section 6 of chapter 756 of the laws of 1992, relating to fund-
     5  ing a program for work force education conducted by the  consortium  for
     6  worker education in New York city, as amended by section 22 of part A of
     7  chapter 56 of the laws of 2022, is amended to read as follows:
     8    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
     9  repealed [on] June 30, [2023] 2024.
    10    § 23. Subdivision 2 of section 44 of part CCC of  chapter  59  of  the
    11  laws  of 2018 amending the education law, relating to a statement of the
    12  total funding allocation, is amended to read as follows:
    13    2. Sections four and four-a of this act shall  expire  and  be  deemed
    14  repealed June 30, [2023] 2028; and
    15    §  24.  Section  12  of  chapter  147 of the laws of 2001 amending the
    16  education law relating to conditional appointment  of  school  district,
    17  charter school or BOCES employees, as amended by section 24 of part A of
    18  chapter 56 of the laws of 2022, is amended to read as follows:
    19    §  12.  This  act shall take effect on the same date as chapter 180 of
    20  the laws of 2000 takes effect[, and shall expire July 1, 2023 when  upon
    21  such date the provisions of this act shall be deemed repealed].
    22    §  25. Section 12 of part C of chapter 56 of the laws of 2020  direct-
    23  ing the commissioner of education to appoint   a   monitor    for    the
    24  Rochester city  school district,  establishing  the  powers  and  duties
    25  of  such  monitor and certain other officers and relating to the  appor-
    26  tionment  of aid   to such   school   district, is amended  to  read  as
    27  follows:
    28    §  12. This act shall take effect immediately, provided, however, that
    29  sections two, three, four, five, six, seven, eight, nine and ten of this
    30  act shall expire and be  deemed  repealed  June  30,  [2023]  2025;  and
    31  provided further, however that sections one and eleven of this act shall
    32  expire and be deemed repealed June 30, 2049.
    33    § 26. Subdivision 11 of section 94 of part C of chapter 57 of the laws
    34  of  2004  relating to the support of education, as amended by section 37
    35  of part A of chapter 56 of the laws of  2020,  is  amended  to  read  as
    36  follows:
    37    11.  section  seventy-one  of  this  act  shall  expire  and be deemed
    38  repealed June 30, [2023] 2028;
    39    § 27. 1. The education department shall conduct a comprehensive  study
    40  of alternative tuition rate-setting methodologies for approved providers
    41  operating  school-age  programs  receiving  funding under article 81 and
    42  article 89  of  the  education  law  and  providers  operating  approved
    43  preschool special education programs under section 4410 of the education
    44  law.  The  department  shall ensure that such study consider stakeholder
    45  feedback and include, but not be limited to, a comparative  analysis  of
    46  rate-setting  methodologies  utilized  by other agencies of the state of
    47  New York, including the rate-setting methodology utilized by the  office
    48  of children and family services for private residential school programs;
    49  options  and recommendations for an alternative rate-setting methodology
    50  or methodologies; cost estimates for such alternative methodologies; and
    51  an analysis of current provider tuition rates compared to tuition  rates
    52  that would be established under such alternative methodologies.
    53    2.  At a minimum, any recommended alternative rate-setting methodology
    54  or methodologies proposed for such preschool  and  school-age  providers
    55  shall: (a)  in total, be cost neutral to the state, school districts and
    56  counties;  (b) substantially restrict or eliminate tuition rate appeals;

        S. 4006                            20                            A. 3006
 
     1  (c) establish tuition rates that are calculated  based  on  standardized
     2  parameters  and criteria, including, but not limited to, defined program
     3  and staffing models, regional costs,  and  minimum  required  enrollment
     4  levels  as  a  percentage of program operating capacities; (d) include a
     5  schedule to phase in new tuition rates in  accordance  with  the  recom-
     6  mended  methodology  or  methodologies; and (e) ensure tuition rates for
     7  all programs can be calculated no  later  than  the  beginning  of  each
     8  school year.
     9    3.  The  education  department  shall  present its recommendations and
    10  analysis to the division of the budget  no  later  than  July  1,  2025,
    11  provided,  however, that the department shall regularly consult with the
    12  division of the budget throughout completion of its study.  Adoption  of
    13  any  alternative  rate-setting  methodologies  shall  be  subject to the
    14  approval of the director of the division of the budget.
    15    § 28. Section 3 of chapter 507  of  the  laws  of  1974,  relating  to
    16  providing  for  the  apportionment  of state monies to certain nonpublic
    17  schools, to reimburse them for their expenses in complying with  certain
    18  state  requirements  for  the administration of state testing and evalu-
    19  ation programs and for participation in state programs for the reporting
    20  of basic educational data, as amended by section 38 of part A of chapter
    21  56 of the laws of 2021, is amended to read as follows:
    22    § 3. Apportionment. a. The commissioner shall  annually  apportion  to
    23  each  qualifying  school,  for  school years beginning on and after July
    24  first, nineteen hundred seventy-four, an amount equal to the actual cost
    25  incurred by each such  school  during  the  preceding  school  year  for
    26  providing  services  required  by  law  to  be  rendered to the state in
    27  compliance  with  the  requirements  of  the  state's  pupil  evaluation
    28  program,  the  basic  educational data system, regents examinations, the
    29  statewide evaluation plan, the uniform procedure  for  pupil  attendance
    30  reporting,  the  state's  immunization  program  and other similar state
    31  prepared examinations and reporting  procedures.    Provided  that  each
    32  nonpublic  school that seeks aid payable in the two thousand twenty--two
    33  thousand twenty-one school year to reimburse two thousand  nineteen--two
    34  thousand  twenty  school year expenses shall submit a claim for such aid
    35  to the state education department no later than May fifteenth, two thou-
    36  sand twenty-one and such claims shall be paid  by  the  state  education
    37  department  no  later  than  June  thirtieth,  two  thousand twenty-one.
    38  Provided further that each nonpublic school that seeks  aid  payable  in
    39  the  two  thousand  twenty-one--two  thousand twenty-two school year and
    40  thereafter shall submit a claim for such  aid  to  the  state  education
    41  department  no later than April first of the school year in which aid is
    42  payable and such claims shall be paid by the state education  department
    43  no  later  than  May thirty-first of such school year.  Provided further
    44  that, for aid payable in the  two  thousand  twenty-three--two  thousand
    45  twenty-four school year and thereafter, the state's liability under this
    46  section  shall  be  limited  to  the annual amount appropriated for such
    47  purpose. In the event that total claims submitted exceed  the  appropri-
    48  ation  available for such aid, each claimant shall only be reimbursed an
    49  amount equal to the percentage that each such claimant represents to the
    50  total of all claims submitted.
    51    b. Such nonpublic schools shall be eligible to receive  aid  based  on
    52  the  number  of days or portion of days attendance is taken and either a
    53  5.0/5.5 hour standard instructional day, or another work day  as  certi-
    54  fied by the nonpublic school officials, in accordance with the methodol-
    55  ogy  for  computing  salary  and  benefits  applied by the department in

        S. 4006                            21                            A. 3006
 
     1  paying aid for the two thousand twelve--two thousand thirteen and  prior
     2  school years.
     3    c. The commissioner shall annually apportion to each qualifying school
     4  in  the  cities  of  New  York,  Buffalo and Rochester, for school years
     5  beginning on or after July first two thousand sixteen, an  amount  equal
     6  to  the  actual  cost  incurred by each such school during the preceding
     7  school year in meeting the recording and reporting requirements  of  the
     8  state  school  immunization program, provided that the state's liability
     9  shall be limited to the amount appropriated for this purpose.
    10    § 29. Special apportionment for salary  expenses.  1.  Notwithstanding
    11  any  other  provision  of  law,  upon application to the commissioner of
    12  education, not sooner than the first day of  the  second  full  business
    13  week  of  June  2024  and  not later than the last day of the third full
    14  business week of June 2024, a school district eligible for an apportion-
    15  ment pursuant to section 3602 of the education law shall be eligible  to
    16  receive  an  apportionment pursuant to this section, for the school year
    17  ending June 30, 2024, for salary expenses incurred between April  1  and
    18  June 30, 2023 and such apportionment shall not exceed the sum of (a) the
    19  deficit  reduction assessment of 1990--1991 as determined by the commis-
    20  sioner of education, pursuant to paragraph f of subdivision 1 of section
    21  3602 of the education law, as in effect through June 30, 1993, plus  (b)
    22  186  percent  of such amount for a city school district in a city with a
    23  population in excess of 1,000,000 inhabitants, plus (c) 209  percent  of
    24  such  amount  for  a city school district in a city with a population of
    25  more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
    26  ing  to  the  latest  federal  census,  plus (d) the net gap elimination
    27  adjustment for 2010--2011, as determined by the commissioner  of  educa-
    28  tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
    29  nation  adjustment  for 2011-- 2012 as determined by the commissioner of
    30  education pursuant to subdivision 17 of section 3602  of  the  education
    31  law,  and provided further that such apportionment shall not exceed such
    32  salary expenses.  Such application shall be made by a  school  district,
    33  after the board of education or trustees have adopted a resolution to do
    34  so and in the case of a city school district in a city with a population
    35  in excess of 125,000 inhabitants, with the approval of the mayor of such
    36  city.
    37    2.  The  claim  for  an  apportionment to be paid to a school district
    38  pursuant to subdivision 1 of this section  shall  be  submitted  to  the
    39  commissioner  of  education  on  a form prescribed for such purpose, and
    40  shall be payable upon determination by such commissioner that  the  form
    41  has been submitted as prescribed. Such approved amounts shall be payable
    42  on  the  same  day in September of the school year following the year in
    43  which application was made as funds provided pursuant to subparagraph  4
    44  of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
    45  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    46  certified  or  approved  by  the commissioner of education in the manner
    47  prescribed by law from moneys in the state lottery  fund  and  from  the
    48  general  fund  to  the  extent that the amount paid to a school district
    49  pursuant to this section exceeds the amount, if  any,  due  such  school
    50  district  pursuant  to subparagraph 2 of paragraph a of subdivision 1 of
    51  section 3609-a of the education law in the  school  year  following  the
    52  year in which application was made.
    53    3.  Notwithstanding  the provisions of section 3609-a of the education
    54  law, an amount equal to the amount paid to a school district pursuant to
    55  subdivisions 1 and 2 of this section shall first be  deducted  from  the
    56  following  payments  due  the  school  district  during  the school year

        S. 4006                            22                            A. 3006
 
     1  following the year in which application was made  pursuant  to  subpara-
     2  graphs  1,  2,  3,  4  and  5 of paragraph a of subdivision 1 of section
     3  3609-a of the education law in the following order: the  lottery  appor-
     4  tionment  payable  pursuant to subparagraph 2 of such paragraph followed
     5  by the fixed fall payments payable pursuant to subparagraph  4  of  such
     6  paragraph  and then followed by the district's payments to the teachers'
     7  retirement system pursuant to subparagraph 1 of such paragraph, and  any
     8  remainder  to  be  deducted  from  the  individualized  payments due the
     9  district pursuant to paragraph b of such subdivision shall  be  deducted
    10  on  a  chronological  basis  starting  with the earliest payment due the
    11  district.
    12    § 30. Special apportionment for public pension accruals. 1.   Notwith-
    13  standing any other provision of law, upon application to the commission-
    14  er  of education, not later than June 30, 2024, a school district eligi-
    15  ble for an apportionment pursuant to section 3602 of the  education  law
    16  shall  be eligible to receive an apportionment pursuant to this section,
    17  for the school year ending June 30, 2024 and  such  apportionment  shall
    18  not  exceed  the  additional  accruals  required  to  be  made by school
    19  districts in the 2004--2005 and 2005--2006 school years associated  with
    20  changes  for  such  public pension liabilities. The amount of such addi-
    21  tional accrual shall be certified to the commissioner  of  education  by
    22  the  president of the board of education or the trustees or, in the case
    23  of a city school district in a city  with  a  population  in  excess  of
    24  125,000  inhabitants,  the mayor of such city. Such application shall be
    25  made by a school district, after the board of education or trustees have
    26  adopted a resolution to do so and in the case of a city school  district
    27  in  a  city with a population in excess of 125,000 inhabitants, with the
    28  approval of the mayor of such city.
    29    2. The claim for an apportionment to be  paid  to  a  school  district
    30  pursuant  to  subdivision  1  of  this section shall be submitted to the
    31  commissioner of education on a form prescribed  for  such  purpose,  and
    32  shall  be  payable upon determination by such commissioner that the form
    33  has been submitted as prescribed. Such approved amounts shall be payable
    34  on the same day in September of the school year following  the  year  in
    35  which  application was made as funds provided pursuant to subparagraph 4
    36  of paragraph b of subdivision 4 of section 92-c  of  the  state  finance
    37  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    38  certified or approved by the commissioner of  education  in  the  manner
    39  prescribed  by  law  from  moneys in the state lottery fund and from the
    40  general fund to the extent that the amount paid  to  a  school  district
    41  pursuant  to  this  section  exceeds the amount, if any, due such school
    42  district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
    43  section  3609-a  of  the  education law in the school year following the
    44  year in which application was made.
    45    3. Notwithstanding the provisions of section 3609-a of  the  education
    46  law, an amount equal to the amount paid to a school district pursuant to
    47  subdivisions  1  and  2 of this section shall first be deducted from the
    48  following payments due  the  school  district  during  the  school  year
    49  following  the  year  in which application was made pursuant to subpara-
    50  graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
    51  3609-a  of  the education law in the following order: the lottery appor-
    52  tionment payable pursuant to subparagraph 2 of such  paragraph  followed
    53  by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
    54  paragraph and then followed by the district's payments to the  teachers'
    55  retirement  system pursuant to subparagraph 1 of such paragraph, and any
    56  remainder to be  deducted  from  the  individualized  payments  due  the

        S. 4006                            23                            A. 3006

     1  district  pursuant  to paragraph b of such subdivision shall be deducted
     2  on a chronological basis starting with  the  earliest  payment  due  the
     3  district.
     4    §  31. The amounts specified in this section shall be a set-aside from
     5  the state funds which each such district is  receiving  from  the  total
     6  foundation aid:
     7    1.  for the development, maintenance or expansion of magnet schools or
     8  magnet school programs for the 2023--2024  school  year.  For  the  city
     9  school  district  of  the city of New York there shall be a set-aside of
    10  foundation aid equal to forty-eight  million  one  hundred  seventy-five
    11  thousand  dollars  ($48,175,000) including five hundred thousand dollars
    12  ($500,000) for the Andrew Jackson High  School;  for  the  Buffalo  city
    13  school   district,   twenty-one  million  twenty-five  thousand  dollars
    14  ($21,025,000); for the Rochester city school district,  fifteen  million
    15  dollars  ($15,000,000);  for the Syracuse city school district, thirteen
    16  million dollars ($13,000,000); for the  Yonkers  city  school  district,
    17  forty-nine  million five hundred thousand dollars ($49,500,000); for the
    18  Newburgh city school district, four million six hundred forty-five thou-
    19  sand dollars ($4,645,000); for the Poughkeepsie  city  school  district,
    20  two million four hundred seventy-five thousand dollars ($2,475,000); for
    21  the Mount Vernon city school district, two million dollars ($2,000,000);
    22  for  the New Rochelle city school district, one million four hundred ten
    23  thousand dollars ($1,410,000); for the Schenectady city school district,
    24  one million eight hundred thousand dollars ($1,800,000);  for  the  Port
    25  Chester  city  school  district,  one million one hundred fifty thousand
    26  dollars ($1,150,000); for the White Plains city  school  district,  nine
    27  hundred  thousand  dollars ($900,000); for the Niagara Falls city school
    28  district, six hundred thousand dollars ($600,000); for the  Albany  city
    29  school  district,  three  million  five  hundred  fifty thousand dollars
    30  ($3,550,000); for the Utica city school district,  two  million  dollars
    31  ($2,000,000);  for  the Beacon city school district, five hundred sixty-
    32  six  thousand  dollars  ($566,000);  for  the  Middletown  city   school
    33  district,  four  hundred  thousand  dollars ($400,000); for the Freeport
    34  union free school district, four hundred  thousand  dollars  ($400,000);
    35  for  the  Greenburgh  central  school  district,  three hundred thousand
    36  dollars ($300,000);  for  the  Amsterdam  city  school  district,  eight
    37  hundred  thousand  dollars  ($800,000);  for  the  Peekskill city school
    38  district, two hundred thousand dollars ($200,000); and  for  the  Hudson
    39  city school district, four hundred thousand dollars ($400,000).
    40    2.  Notwithstanding any inconsistent provision of law to the contrary,
    41  a school district setting aside such foundation  aid  pursuant  to  this
    42  section  may  use  such  set-aside  funds  for: (a) any instructional or
    43  instructional support costs associated with the operation  of  a  magnet
    44  school;  or (b) any instructional or instructional support costs associ-
    45  ated with implementation of an alternative approach to promote diversity
    46  and/or enhancement of the instructional program and raising of standards
    47  in elementary and secondary schools of school districts having  substan-
    48  tial concentrations of minority students.
    49    3.  The  commissioner of education shall not be authorized to withhold
    50  foundation aid from a school district that used such funds in accordance
    51  with this subdivision, notwithstanding any inconsistency with a  request
    52  for  proposals issued by such commissioner for the purpose of attendance
    53  improvement and dropout prevention for the 2023--2024 school  year,  and
    54  for  any city school district in a city having a population of more than
    55  one million,  the  set-aside  for  attendance  improvement  and  dropout
    56  prevention  shall  equal  the amount set aside in the base year. For the

        S. 4006                            24                            A. 3006
 
     1  2023--2024 school year, it is further  provided  that  any  city  school
     2  district  in  a  city having a population of more than one million shall
     3  allocate at least one-third of any increase from  base  year  levels  in
     4  funds set aside pursuant to the requirements of this section to communi-
     5  ty-based  organizations.  Any increase required pursuant to this section
     6  to community-based organizations must  be  in  addition  to  allocations
     7  provided to community-based organizations in the base year.
     8    4.  For the purpose of teacher support for the 2023--2024 school year:
     9  for the city school district of the city of New York, sixty-two  million
    10  seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
    11  school  district,  one  million seven hundred forty-one thousand dollars
    12  ($1,741,000); for the Rochester city school district, one million seven-
    13  ty-six thousand  dollars  ($1,076,000);  for  the  Yonkers  city  school
    14  district,   one   million   one  hundred  forty-seven  thousand  dollars
    15  ($1,147,000); and for the Syracuse city school district,  eight  hundred
    16  nine  thousand  dollars ($809,000). All funds made available to a school
    17  district pursuant to this section shall be  distributed  among  teachers
    18  including  prekindergarten teachers and teachers of adult vocational and
    19  academic subjects in accordance with this section and shall be in  addi-
    20  tion  to  salaries heretofore or hereafter negotiated or made available;
    21  provided, however, that all funds distributed pursuant to  this  section
    22  for  the  current year shall be deemed to incorporate all funds distrib-
    23  uted pursuant to former subdivision 27 of section 3602 of the  education
    24  law  for prior years. In school districts where the teachers are repres-
    25  ented by certified or  recognized  employee  organizations,  all  salary
    26  increases  funded  pursuant to this section shall be determined by sepa-
    27  rate collective negotiations conducted pursuant to  the  provisions  and
    28  procedures  of  article 14 of the civil service law, notwithstanding the
    29  existence of a negotiated agreement between  a  school  district  and  a
    30  certified or recognized employee organization.
    31    §  32.  Support  of  public libraries. The moneys appropriated for the
    32  support of public libraries by a chapter of the laws  of  2023  enacting
    33  the  aid  to  localities  budget  shall be apportioned for the 2023-2024
    34  state fiscal year in accordance with the  provisions  of  sections  271,
    35  272,  273,  282,  284,  and  285  of the education law as amended by the
    36  provisions of such chapter and the provisions of this section,  provided
    37  that library construction aid pursuant to section 273-a of the education
    38  law  shall  not  be  payable  from the appropriations for the support of
    39  public libraries and provided further that no library, library system or
    40  program, as defined by the commissioner of education, shall receive less
    41  total system or program aid than it  received  for  the  year  2001-2002
    42  except as a result of a reduction adjustment necessary to conform to the
    43  appropriations for support of public libraries.
    44    Notwithstanding  any other provision of law to the contrary the moneys
    45  appropriated for the support of public libraries for the year  2023-2024
    46  by  a  chapter of the laws of 2023 enacting the aid to localities budget
    47  shall fulfill the state's obligation to provide such aid  and,  pursuant
    48  to a plan developed by the commissioner of education and approved by the
    49  director of the budget, the aid payable to libraries and library systems
    50  pursuant  to  such  appropriations  shall  be reduced proportionately to
    51  ensure that the total amount of aid payable does not  exceed  the  total
    52  appropriations for such purpose.
    53    §  33. Subparagraph 2 of paragraph a of section 1 of chapter 94 of the
    54  laws of 2002 relating to the financial stability of the  Rochester  city
    55  school district, is amended to read as follows:

        S. 4006                            25                            A. 3006
 
     1    (2)  Notwithstanding  any  other provisions of law, for aid payable in
     2  the 2002-03 through [2022-23] 2027-28 school years, an amount  equal  to
     3  twenty  million  dollars  ($20,000,000)  of  general  support for public
     4  schools otherwise due and payable to the Rochester city school  district
     5  on  or before September first of the applicable school year shall be for
     6  an entitlement period ending the immediately preceding June thirtieth.
     7    § 34. Severability. The provisions of this act shall be severable, and
     8  if the application of  any  clause,  sentence,  paragraph,  subdivision,
     9  section  or  part  of  this  act  to any person or circumstance shall be
    10  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    11  judgment shall not necessarily affect, impair or invalidate the applica-
    12  tion of any such clause, sentence, paragraph, subdivision, section, part
    13  of  this  act  or  remainder  thereof,  as the case may be, to any other
    14  person or circumstance, but shall be confined in its  operation  to  the
    15  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    16  directly involved in the controversy in which such judgment  shall  have
    17  been rendered.
    18    §  35.  This act shall take effect immediately, and shall be deemed to
    19  have been in full force and effect on and after April 1, 2023, provided,
    20  however, that:
    21    1. Sections one, two, three, five, eight, nine, ten, eleven, fourteen,
    22  fifteen, sixteen, eighteen, twenty-two, thirty-one, and thirty-three  of
    23  this act shall take effect July 1, 2023;
    24    2.  Section three of this act shall expire and be deemed repealed June
    25  30, 2024;
    26    3. Section nineteen of this act shall expire and  be  deemed  repealed
    27  June 30, 2036; and
    28    4. The amendments to chapter 756 of the laws of 1992 relating to fund-
    29  ing  a  program  for  work force education conducted by a consortium for
    30  worker education in New York city made by sections twenty and twenty-one
    31  of this act shall not affect the repeal of such  chapter  and  shall  be
    32  deemed repealed therewith.
 
    33                                   PART B
 
    34    Section  1.  The opening paragraph of subparagraph 4 of paragraph h of
    35  subdivision 2 of section 355 of the education law, as amended by section
    36  1 of part JJJ of chapter 59 of the laws of 2017, is amended to  read  as
    37  follows:
    38    The trustees shall not impose a differential tuition charge based upon
    39  need or income. Except as hereinafter provided, all students enrolled in
    40  programs  leading  to like degrees at state-operated institutions of the
    41  state university shall be charged a uniform rate of tuition  except  for
    42  differential tuition rates based on state residency.  Provided, however,
    43  that  the trustees may authorize the presidents of the colleges of tech-
    44  nology and the colleges of agriculture and technology to  set  differing
    45  rates  of  tuition  for  each  of  the colleges for students enrolled in
    46  degree-granting programs leading to an associate degree  and  non-degree
    47  granting  programs  so  long  as  such  tuition rate does not exceed the
    48  tuition rate charged  to  students  who  are  enrolled  in  like  degree
    49  programs  or  degree-granting undergraduate programs leading to a bacca-
    50  laureate degree  at  other  state-operated  institutions  of  the  state
    51  university  of New York.  Provided further, that the trustees may estab-
    52  lish a differential tuition charge for students attending the university
    53  centers at Albany, Binghamton, Buffalo,  and  Stony  Brook  pursuant  to
    54  subdivision  four-c of this section. Notwithstanding any other provision

        S. 4006                            26                            A. 3006
 
     1  of this subparagraph, the trustees may authorize the setting of a  sepa-
     2  rate  category  of  tuition rate, that shall be greater than the tuition
     3  rate for resident students and less than the tuition rate for  non-resi-
     4  dent  students,  only for students enrolled in distance learning courses
     5  who are not residents of the state. Except as  otherwise  authorized  in
     6  this  subparagraph,  the  trustees  shall  not  adopt  changes affecting
     7  tuition charges prior to the enactment of the  annual  budget,  provided
     8  however that:
     9    §  2. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of
    10  the education law, as amended by section 2 of chapter 437 of the laws of
    11  2015, is amended to read as follows:
    12    (4) The trustees shall not impose a differential tuition charge  based
    13  upon  need  or income. All students enrolled in programs leading to like
    14  degrees at state-operated institutions of the state university shall  be
    15  charged  a uniform rate of tuition except for differential tuition rates
    16  based on state residency.  Provided,  however,  that  the  trustees  may
    17  authorize  the presidents of the colleges of technology and the colleges
    18  of agriculture and technology to set differing rates of tuition for each
    19  of the colleges for students enrolled in degree-granting programs  lead-
    20  ing  to  an associate degree and non-degree granting programs so long as
    21  such tuition rate does not exceed the tuition rate charged  to  students
    22  who  are enrolled in like degree programs or degree-granting undergradu-
    23  ate programs leading to a baccalaureate degree at  other  state-operated
    24  institutions  of  the  state  university of New York.  Provided further,
    25  that the trustees  may  establish  a  differential  tuition  charge  for
    26  students   attending  the  university  centers  at  Albany,  Binghamton,
    27  Buffalo, and Stony Brook pursuant to subdivision four-c of this section.
    28  Notwithstanding any other provision of this subparagraph,  the  trustees
    29  may  authorize  the setting of a separate category of tuition rate, that
    30  shall be greater than the tuition rate for resident  students  and  less
    31  than  the  tuition  rate  for  non-resident  students, only for students
    32  enrolled in distance learning courses  who  are  not  residents  of  the
    33  state.  The  trustees  shall not adopt changes affecting tuition charges
    34  prior to the enactment of the annual budget.
    35    § 3. Paragraph h of subdivision 2 of section 355 of the education  law
    36  is  amended  by  adding  two  new subparagraphs 4-a-1 and 4-c to read as
    37  follows:
    38    (4-a-1) Commencing in  the  two  thousand  twenty-three--two  thousand
    39  twenty-four  academic  year  through  the two thousand twenty-seven--two
    40  thousand twenty-eight academic year, following the review  and  approval
    41  of  the  chancellor  of  the state university or his or her designee the
    42  board of trustees may annually raise non-resident undergraduate rates of
    43  tuition for the four university centers at Albany, Binghamton,  Buffalo,
    44  and  Stony Brook if the board shall determine that such rate increase is
    45  competitive with the rates of  tuition  charged  by  peer  institutions,
    46  provided  however  that in no year shall such rate of tuition exceed one
    47  hundred and ten percent of the tuition rate for the  university  centers
    48  in the prior academic year.
    49    (4-c)  Commencing  with  the  two  thousand twenty-three--two thousand
    50  twenty-four academic year and thereafter,  the  board  of  trustees  may
    51  raise  resident  undergraduate rates of tuition in excess of the tuition
    52  rates of the prior academic year by as much as  the  lower  of  (i)  the
    53  general  higher  education  price  index (HEPI) released annually by the
    54  Commonfund Asset Management Company, Inc.  founded  in  1971,  or  other
    55  alternative  entity  that  may  be  responsible  for this index into the
    56  future, released most recently prior to the start of each academic year,

        S. 4006                            27                            A. 3006
 
     1  or (ii) three percent.   Notwithstanding the  preceding,  and  upon  the
     2  approval  of  the  state  university  of New York board of trustees, the
     3  following institutions may have additional  increases  to  the  resident
     4  rates  of  undergraduate tuition that are in addition to any impact from
     5  the preceding; for the  university  center  at  Albany,  the  university
     6  center  at Binghamton, the university center at Buffalo, and the univer-
     7  sity center at Stony Brook such annual increase may  include  up  to  an
     8  additional  six  percentage  points.   Notwithstanding the preceding, no
     9  such additional annual increase shall result in  a  rate  in  excess  of
    10  thirty percent higher than the rate charged in such year for state-oper-
    11  ated  institutions  other  than  the  university  center  at Albany, the
    12  university center at Binghamton, the university center at  Buffalo,  and
    13  the university center at Stony Brook. Monies generated by these prospec-
    14  tive increases shall be used directly to support student access, student
    15  services,  research  and  discovery,  and  the success of the university
    16  system.
    17    § 4. Paragraph (a) of subdivision 7 of section 6206 of  the  education
    18  law is amended by adding a new subparagraph (vi) to read as follows:
    19    (vi) Commencing with the two thousand twenty-three--two thousand twen-
    20  ty-four  academic  year  and thereafter, the city university of New York
    21  board of trustees may raise resident undergraduate rates of  tuition  in
    22  excess of the tuition rates of the prior academic year by as much as the
    23  lower  of  (A)  the general higher education price index (HEPI) released
    24  annually by the Commonfund Asset Management  Company,  Inc.  founded  in
    25  1971, or other alternative entity that may be responsible for this index
    26  into  the  future,  released  most  recently  prior to the start of each
    27  academic year, or (B) three percent. Monies generated by these  prospec-
    28  tive increases shall be used directly to support student access, student
    29  services,  research  and  discovery,  and  the success of the university
    30  system.
    31    § 5. Paragraph (a) of subdivision 7 of section 6206 of  the  education
    32  law,  as  amended by chapter 669 of the laws of 2022, is amended to read
    33  as follows:
    34    (a) (i) The board of trustees shall establish positions,  departments,
    35  divisions  and  faculties; appoint and in accordance with the provisions
    36  of law fix salaries of  instructional  and  non-instructional  employees
    37  therein;  establish  and conduct courses and curricula; prescribe condi-
    38  tions of student admission, attendance and discharge; and shall have the
    39  power to determine in its discretion whether tuition  shall  be  charged
    40  and  to  regulate  tuition  charges, and other instructional and non-in-
    41  structional fees and other fees and charges at the educational units  of
    42  the  city  university.  The trustees shall review any proposed community
    43  college tuition increase and the justification for  such  increase.  The
    44  justification  provided by the community college for such increase shall
    45  include a detailed analysis of ongoing operating  costs,  capital,  debt
    46  service  expenditures, and all revenues. The trustees shall not impose a
    47  differential tuition charge based upon  need  or  income.  All  students
    48  enrolled  in  programs  leading  to  like degrees at the senior colleges
    49  shall be charged a uniform rate  of  tuition,  except  for  differential
    50  tuition  rates  based  on  state  residency.  Notwithstanding  any other
    51  provision of this paragraph, the trustees may authorize the setting of a
    52  separate category of tuition  rate,  that  shall  be  greater  than  the
    53  tuition  rate  for  resident students and less than the tuition rate for
    54  non-resident students, only for students enrolled in  distance  learning
    55  courses  who  are not residents of the state. The trustees shall further
    56  provide that the payment of tuition and fees by any student who is not a

        S. 4006                            28                            A. 3006
 
     1  resident of New York state, other than a non-immigrant noncitizen within
     2  the meaning of paragraph (15) of subsection (a) of section 1101 of title
     3  8 of the United States Code, shall be paid at a rate or charge no great-
     4  er than that imposed for students who are residents of the state if such
     5  student:
     6    [(i)]  (1)  attended  an approved New York high school for two or more
     7  years, graduated from an approved New York high school and  applied  for
     8  attendance  at an institution or educational unit of the city university
     9  within five years of receiving a New York state high school diploma; or
    10    [(ii)] (2) attended an approved New York  state  program  for  general
    11  equivalency  diploma  exam  preparation,  received a general equivalency
    12  diploma issued within New York state and applied for  attendance  at  an
    13  institution or educational unit of the city university within five years
    14  of receiving a general equivalency diploma issued within New York state;
    15  or
    16    [(iii)]  (3) was enrolled in an institution or educational unit of the
    17  city university in the fall semester or  quarter  of  the  two  thousand
    18  one--two  thousand two academic year and was authorized by such institu-
    19  tion or educational unit to pay tuition at the rate  or  charge  imposed
    20  for students who are residents of the state.
    21    A  student without lawful immigration status shall also be required to
    22  file an affidavit with such institution or educational unit stating that
    23  the student has filed an application to legalize his or her  immigration
    24  status,  or will file such an application as soon as he or she is eligi-
    25  ble to do so. The trustees shall not adopt changes  in  tuition  charges
    26  prior  to  the enactment of the annual budget. The board of trustees may
    27  accept as partial reimbursement for the education  of  veterans  of  the
    28  armed  forces of the United States who are otherwise qualified such sums
    29  as may be authorized by federal legislation to be paid for  such  educa-
    30  tion. The board of trustees may conduct on a fee basis extension courses
    31  and  courses  for  adult  education  appropriate  to the field of higher
    32  education.  In  all  courses  and  courses  of  study  it  may,  in  its
    33  discretion,  require students to pay library, laboratory, locker, break-
    34  age and other instructional and non-instructional fees and meet the cost
    35  of books and consumable supplies. In addition to the foregoing fees  and
    36  charges,  the  board of trustees may impose and collect fees and charges
    37  for student government and other  student  activities  and  receive  and
    38  expend them as agent or trustee.
    39    (ii) Commencing with the two thousand twenty-three--two thousand twen-
    40  ty-four  academic  year  and thereafter, the city university of New York
    41  board of trustees may raise resident undergraduate rates of  tuition  in
    42  excess of the tuition rates of the prior academic year by as much as the
    43  lower  of  (1)  the general higher education price index (HEPI) released
    44  annually by the Commonfund Asset Management  Company,  Inc.  founded  in
    45  1971, or other alternative entity that may be responsible for this index
    46  into  the  future,  released  most  recently  prior to the start of each
    47  academic year, or (2) three percent. Monies generated by these  prospec-
    48  tive increases shall be used directly to support student access, student
    49  services,  research  and  discovery,  and  the success of the university
    50  system.
    51    § 6. This act shall take effect immediately; provided however:
    52    a. the amendments to subparagraph 4 of paragraph h of subdivision 2 of
    53  section 355 of the education law made by section one of this  act  shall
    54  be subject to the expiration and reversion of such subparagraph pursuant
    55  to  section  16 of chapter 260 of the laws of 2011 as amended, when upon

        S. 4006                            29                            A. 3006
 
     1  such date the provisions of section two of this act shall  take  effect;
     2  and
     3    b. the amendments to paragraph (a) of subdivision 7 of section 6206 of
     4  the  education  law made by section four of this act shall be subject to
     5  the expiration and reversion of such paragraph pursuant to section 16 of
     6  chapter 260 of the laws of 2011 as amended,  when  upon  such  date  the
     7  provisions of section five of this act shall take effect.
 
     8                                   PART C
 
     9    Section 1. The education law is amended by adding a new section 6438-b
    10  to read as follows:
    11    §  6438-b.  Access to medication abortion prescription drugs. 1. Every
    12  campus of the state university of New York and every campus of the  city
    13  university  of  New  York,  which  shall  include  the community college
    14  campuses of  such  institutions,  shall  provide  access  to  medication
    15  abortion  prescription  drugs  for  all students enrolled at such insti-
    16  tutions.
    17    2. For purposes  of  this  section,  "access  to  medication  abortion
    18  prescription drugs" means either:
    19    (a) the prescribing and dispensing of medication abortion prescription
    20  drugs  directly to a student, performed by individuals legally certified
    21  to prescribe and dispense such medication  employed  by  or  working  on
    22  behalf of the campus; or
    23    (b)  referral  to  a  healthcare provider or pharmacy in the community
    24  certified to dispense such medication.
    25    3. The trustees of the state university of New York and  the  trustees
    26  of  the city university of New York shall adopt uniform polices for each
    27  university ensuring effective access to medication abortion prescription
    28  drugs pursuant to this section.
    29    § 2. This act shall take effect August 1, 2023. Effective immediately,
    30  the addition, amendment and/or repeal of any rule or  regulation  neces-
    31  sary  for  the  implementation  of  this  act  on its effective date are
    32  authorized to be made and completed on or before such effective date.
 
    33                                   PART D
 
    34    Section 1. Paragraphs b and c of subdivision 4 of section 612  of  the
    35  education  law, as added by chapter 425 of the laws of 1988, are amended
    36  to read as follows:
    37    [b. A grant to a recipient of an award under this  section  shall  not
    38  exceed  the amount of three hundred thousand dollars for any grant year,
    39  provided that a recipient may receive a grant in excess of  such  amount
    40  at  the rate of twelve hundred fifty dollars for each student, in excess
    41  of two hundred forty students, who is provided compensatory and  support
    42  services by the recipient during such grant year.
    43    c.]  b.  The  grant  recipients  shall  provide students at public and
    44  nonpublic schools the opportunity to receive  compensatory  and  support
    45  services  in  an equitable manner consistent with the number and need of
    46  the children in such schools.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART E
 
    49    Section 1. Section 1503 of the business corporation law is amended  by
    50  adding a new paragraph (h) to read as follows:

        S. 4006                            30                            A. 3006
 
     1    (h)  Any firm established for the business purpose of incorporating as
     2  a professional service corporation formed  to  lawfully  engage  in  the
     3  practice  of public accountancy, as such practice is defined under arti-
     4  cle 149 of the education law shall be required to show (i) that a simple
     5  majority  of  the ownership of the firm, in terms of financial interests
     6  and voting rights held by the  firm's  owners,  belongs  to  individuals
     7  licensed to practice public accountancy in some state, and (ii) that all
     8  shareholders of a professional service corporation whose principal place
     9  of  business  is  in  this state, and who are engaged in the practice of
    10  public accountancy in this state, hold  a  valid  license  issued  under
    11  section  7404  of  the  education  law.  For purposes of this paragraph,
    12  "financial interest" means  capital  stock,  capital  accounts,  capital
    13  contributions,  capital  interest, or interest in undistributed earnings
    14  of a business entity.  Although  firms  registered  with  the  education
    15  department  may  include  non-licensee owners, a registered firm and its
    16  owners must comply with rules promulgated by the state board of regents.
    17  Notwithstanding the foregoing, a firm incorporated  under  this  section
    18  may  not  have non-licensee owners if the firm's name includes the words
    19  "certified public accountant," or "certified public accountants," or the
    20  abbreviations "CPA" or "CPAs".  Each non-licensee owner of a  firm  that
    21  is incorporated under this section shall be a natural person who active-
    22  ly  participates in the business of the firm or its affiliated entities.
    23  For purposes  of  this  subdivision,  "actively  participate"  means  to
    24  provide  services  to  clients or to otherwise individually take part in
    25  the day-to-day business or management of the firm or an affiliated enti-
    26  ty. Such a firm shall have attached to its certificate of  incorporation
    27  a  certificate  or certificates demonstrating the firm's compliance with
    28  this paragraph, in lieu of the certificate or certificates  required  by
    29  subparagraph (ii) of paragraph (b) of this section.
    30    § 2. Section 1507 of the business corporation law is amended by adding
    31  a new paragraph (c) to read as follows:
    32    (c)  Any firm established for the business purpose of incorporating as
    33  a professional service corporation pursuant to paragraph (h) of  section
    34  1503  of this article may issue shares to individuals who are authorized
    35  by law to practice in this state the profession which  such  corporation
    36  is  authorized  to  practice  or who will engage in the practice of such
    37  profession in such corporation within  thirty  days  of  the  date  such
    38  shares  are  issued and may also issue shares to employees of the corpo-
    39  ration not licensed as certified public accountants, provided that:
    40    (i) at least a simple majority of the outstanding shares of  stock  of
    41  the corporation are owned by certified public accountants,
    42    (ii)  at least a simple majority of the directors are certified public
    43  accountants, and
    44    (iii) at least a simple majority of the officers are certified  public
    45  accountants, and
    46    (iv)  the president, the chairperson of the board of directors and the
    47  chief executive officer or officers are  certified  public  accountants.
    48  No  shareholder of a professional service corporation established pursu-
    49  ant to paragraph (h) of section 1503 of this article shall enter into  a
    50  voting  trust agreement, proxy or any other type of agreement vesting in
    51  another person, the authority to exercise voting power of any or all  of
    52  his  or  her shares. All agreements made or proxies granted in violation
    53  of this section shall be void.
    54    § 3. Section 1508 of the business corporation law is amended by adding
    55  a new paragraph (c) to read as follows:

        S. 4006                            31                            A. 3006
 
     1    (c) The directors and officers of any firm established for  the  busi-
     2  ness  purpose  of  incorporating  as  a professional service corporation
     3  pursuant to paragraph (h) of section 1503 of this  article  may  include
     4  individuals  who  are not licensed to practice public accountancy in any
     5  state,  provided  however  that at least a simple majority of the direc-
     6  tors, at least a simple majority of the officers and the president,  the
     7  chairperson of the board of directors and the chief executive officer or
     8  officers  are  authorized by law to practice in any state the profession
     9  which such corporation is authorized to practice, and are either  share-
    10  holders  of  such  corporation  or  engaged  in  the  practice  of their
    11  professions in such corporation.
    12    § 4. Section 1509 of the business corporation law, as amended by chap-
    13  ter 550 of the laws of 2011, is amended to read as follows:
    14  § 1509. Disqualification  of  shareholders,  directors,   officers   and
    15            employees.
    16    If  any  shareholder,  director, officer or employee of a professional
    17  service corporation, including  a  design  professional  service  corpo-
    18  ration,  who  has  been  rendering  professional  service  to the public
    19  becomes legally disqualified to practice his or  her  profession  within
    20  this  state,  he  or  she shall sever all employment with, and financial
    21  interests (other than interests as  a  creditor)  in,  such  corporation
    22  forthwith  or as otherwise provided in section 1510 of this article. All
    23  provisions of law regulating the rendering of professional services by a
    24  person elected or appointed to a public office shall be applicable to  a
    25  shareholder,  director,  officer and employee of such corporation in the
    26  same manner and to the same extent as if fully set  forth  herein.  Such
    27  legal  disqualification  to  practice  his or her profession within this
    28  state shall be deemed to constitute an irrevocable offer by the disqual-
    29  ified shareholder to sell his or her shares to the corporation, pursuant
    30  to the provisions of section 1510 of this article or of the  certificate
    31  of  incorporation,  by-laws  or  agreement among the corporation and all
    32  shareholders, whichever is applicable. Compliance with the terms of such
    33  offer shall be specifically enforceable in the courts of this  state.  A
    34  professional  service  corporation's  failure to enforce compliance with
    35  this provision shall constitute a ground for forfeiture of  its  certif-
    36  icate of incorporation and its dissolution.
    37    § 5. Paragraph (a) of section 1511 of the business corporation law, as
    38  amended  by  chapter 550 of the laws of 2011, is amended and a new para-
    39  graph (c) is added to read as follows:
    40    (a) No shareholder of a professional service corporation [or], includ-
    41  ing a design professional service corporation, may sell or transfer  his
    42  or  her  shares  in such corporation except to another individual who is
    43  eligible to have shares issued to him or  her  by  such  corporation  or
    44  except  in  trust to another individual who would be eligible to receive
    45  shares if he or she were employed by  the  corporation.  Nothing  herein
    46  contained shall be construed to prohibit the transfer of shares by oper-
    47  ation  of  law or by court decree.  No transferee of shares by operation
    48  of law or court decree may vote the shares for  any  purpose  whatsoever
    49  except  with  respect to corporate action under sections 909 and 1001 of
    50  this chapter. The restriction in the preceding sentence shall not apply,
    51  however, where such transferee would be eligible to have  shares  issued
    52  to  him  or her if he or she were an employee of the corporation and, if
    53  there are other shareholders, a  majority  of  such  other  shareholders
    54  shall fail to redeem the shares so transferred, pursuant to section 1510
    55  of  this  article, within sixty days of receiving written notice of such
    56  transfer. Any sale or transfer, except by  operation  of  law  or  court

        S. 4006                            32                            A. 3006
 
     1  decree  or  except for a corporation having only one shareholder, may be
     2  made only after the same shall have been approved by the board of direc-
     3  tors, or at a shareholders' meeting specially called for such purpose by
     4  such  proportion, not less than a majority, of the outstanding shares as
     5  may be provided in the certificate of incorporation or in the by-laws of
     6  such professional service corporation. At such shareholders' meeting the
     7  shares held by the shareholder proposing to sell or transfer his or  her
     8  shares  may  not  be voted or counted for any purpose, unless all share-
     9  holders consent that such shares be voted or counted. The certificate of
    10  incorporation or the by-laws of the professional service corporation, or
    11  the professional service corporation and  the  shareholders  by  private
    12  agreement,  may  provide,  in  lieu  of  or in addition to the foregoing
    13  provisions, for the alienation of shares and may require the  redemption
    14  or purchase of such shares by such corporation at prices and in a manner
    15  specifically set forth therein. The existence of the restrictions on the
    16  sale  or transfer of shares, as contained in this article and, if appli-
    17  cable, in the certificate of incorporation, by-laws, stock  purchase  or
    18  stock  redemption agreement, shall be noted conspicuously on the face or
    19  back of every certificate for shares issued by  a  professional  service
    20  corporation.  Any  sale  or  transfer  in violation of such restrictions
    21  shall be void.
    22    (c) A firm established for the business purpose of incorporating as  a
    23  professional  service  corporation  pursuant to paragraph (h) of section
    24  1503 of this article, shall purchase or redeem the shares of  a  non-li-
    25  censed professional shareholder in the case of his or her termination of
    26  employment  within  thirty  days after such termination.   A firm estab-
    27  lished for the business  purpose  of  incorporating  as  a  professional
    28  service  corporation  pursuant  to paragraph (h) of section 1503 of this
    29  article, shall not be required to purchase or redeem  the  shares  of  a
    30  terminated non-licensed professional share-holder if such shares, within
    31  thirty  days  after such termination, are sold or transferred to another
    32  employee of the corporation pursuant to this article.
    33    § 6. Section 1514 of the business corporation law is amended by adding
    34  a new paragraph (c) to read as follows:
    35    (c) Each firm established for the business purpose of incorporating as
    36  a professional service corporation pursuant to paragraph (h) of  section
    37  1503 of this article shall, at least once every three years on or before
    38  the  date  prescribed by the licensing authority, furnish a statement to
    39  the licensing authority listing the names  and  residence  addresses  of
    40  each  shareholder,  director and officer of such corporation and certify
    41  as the date of certification and at all times over the entire three year
    42  period that:
    43    (i) at least a simple majority of the outstanding shares of  stock  of
    44  the corporation are and were owned by certified public accountants,
    45    (ii)  at  least a simple majority of the directors are and were certi-
    46  fied public accountants,
    47    (iii) at least a simple majority of the officers are and  were  certi-
    48  fied public accountants, and
    49    (iv)  the president, the chairperson of the board of directors and the
    50  chief executive officer  or  officers  are  and  were  certified  public
    51  accountants.
    52  The  statement  shall be signed by the president or any certified public
    53  accountant vice-president and  attested  to  by  the  secretary  or  any
    54  assistant secretary of the corporation.
    55    § 7. Paragraph (d) of section 1525 of the business corporation law, as
    56  added by chapter 505 of the laws of 1983, is amended to read as follows:

        S. 4006                            33                            A. 3006
 
     1    (d)  "Foreign  professional  service corporation" means a professional
     2  service corporation, whether or not denominated as such, organized under
     3  the laws of a jurisdiction other than this state, all of the  sharehold-
     4  ers,  directors  and  officers  of  which are authorized and licensed to
     5  practice  the  profession  for  which such corporation is licensed to do
     6  business; except that all shareholders,  directors  and  officers  of  a
     7  foreign  professional service corporation which provides health services
     8  in this state shall be licensed in this state.  A  foreign  professional
     9  service  corporation formed to lawfully engage in the practice of public
    10  accountancy as a firm, as such practice is defined under article 149  of
    11  the  education  law,  or equivalent state law, shall be required to show
    12  (i) that a simple majority of the ownership of the  firm,  in  terms  of
    13  financial interests and voting rights held by the firm's owners, belongs
    14  to  individuals  licensed  to practice public accountancy in some state,
    15  and (ii) that all shareholders of a foreign professional service  corpo-
    16  ration  whose  principal place of business is in this state, and who are
    17  engaged in the practice of public accountancy  in  this  state,  hold  a
    18  valid  license  issued  under  section  7404  of  the education law. For
    19  purposes of this paragraph, "financial interest"  means  capital  stock,
    20  capital  accounts,  capital contributions, capital interest, or interest
    21  in undistributed earnings of a business entity.  Although  firms  regis-
    22  tered  with  the education department may include non-licensee owners, a
    23  registered firm and its owners must comply with rules promulgated by the
    24  state board of regents. Notwithstanding the foregoing, a firm registered
    25  with the education department may not have non-licensee  owners  if  the
    26  firm's name includes the words "certified public accountant," or "certi-
    27  fied  public  accountants,"  or  the abbreviations "CPA" or "CPAs". Each
    28  non-licensee owner of a firm that is operating under this section  shall
    29  be  a  natural  person  who actively participates in the business of the
    30  firm or its affiliated entities, provided each beneficial  owner  of  an
    31  equity  interest in such entity is a natural person who actively partic-
    32  ipates in the business conducted by the firm or its affiliated entities.
    33  For purposes of this paragraph, "actively participate" means to  provide
    34  services  to  clients or to otherwise individually take part in the day-
    35  to-day business or management of the firm or an affiliated entity.
    36    § 8. Subdivision (q) of section 121-1500 of the  partnership  law,  as
    37  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    38  follows:
    39    (q) Each partner of a registered limited liability partnership  formed
    40  to  provide  medical services in this state must be licensed pursuant to
    41  article 131 of the education law to practice medicine in this state  and
    42  each  partner  of  a  registered limited liability partnership formed to
    43  provide dental services in this state must be licensed pursuant to arti-
    44  cle 133 of the education law to practice dentistry in this state.   Each
    45  partner  of a registered limited liability partnership formed to provide
    46  veterinary services in this state must be licensed pursuant  to  article
    47  135  of the education law to practice veterinary medicine in this state.
    48  Each partner of a registered limited  liability  partnership  formed  to
    49  provide  public accountancy services as a firm, whose principal place of
    50  business is in this state and who provides public accountancy  services,
    51  must  be licensed pursuant to article  149 of the education law to prac-
    52  tice public accountancy in this state.  Each  partner  of  a  registered
    53  limited  liability  partnership formed to provide professional engineer-
    54  ing, land surveying, geological services, architectural and/or landscape
    55  architectural services in this state must be licensed pursuant to  arti-
    56  cle 145, article 147 and/or article 148 of the education law to practice

        S. 4006                            34                            A. 3006
 
     1  one  or more of such professions in this state. Each partner of a regis-
     2  tered limited liability partnership formed to provide licensed  clinical
     3  social  work services in this state must be licensed pursuant to article
     4  154 of the education law to practice clinical social work in this state.
     5  Each  partner  of  a  registered limited liability partnership formed to
     6  provide creative arts therapy services in this state  must  be  licensed
     7  pursuant  to  article 163 of the education law to practice creative arts
     8  therapy in this state. Each partner of a  registered  limited  liability
     9  partnership  formed  to  provide marriage and family therapy services in
    10  this state must be licensed pursuant to article 163 of the education law
    11  to practice marriage and family therapy in this state. Each partner of a
    12  registered limited liability partnership formed to provide mental health
    13  counseling services in this state must be licensed pursuant  to  article
    14  163  of  the  education law to practice mental health counseling in this
    15  state. Each partner of a registered limited liability partnership formed
    16  to provide psychoanalysis services in this state must be licensed pursu-
    17  ant to article 163 of the education law to  practice  psychoanalysis  in
    18  this  state.  Each partner of a registered limited liability partnership
    19  formed to provide applied behavior analysis service in this  state  must
    20  be licensed or certified pursuant to article 167 of the education law to
    21  practice  applied  behavior analysis in this state. A registered limited
    22  liability partnership formed to  lawfully  engage  in  the  practice  of
    23  public  accountancy as a firm, as such practice is defined under article
    24  149 of the education law, shall be required to show (i)  that  a  simple
    25  majority  of  the ownership of the firm, in terms of financial interests
    26  and voting rights held by the  firm's  owners,  belongs  to  individuals
    27  licensed to practice public accountancy in some state, and (ii) that all
    28  partners  of  a  limited  liability partnership whose principal place of
    29  business is in this state, and who are engaged in the practice of public
    30  accountancy in this state, hold a valid  license  issued  under  section
    31  7404  of the education law. For purposes of this subdivision, "financial
    32  interest" means capital stock, capital accounts, capital  contributions,
    33  capital  interest,  or  interest in undistributed earnings of a business
    34  entity. Although firms registered  with  the  education  department  may
    35  include  non-licensee  owners,  a  registered  firm  and its owners must
    36  comply with rules promulgated by the state board  of  regents.  Notwith-
    37  standing  the foregoing, a firm registered with the education department
    38  may not have non-licensee owners if the firm's name includes  the  words
    39  "certified public accountant," or "certified public accountants," or the
    40  abbreviations "CPA" or "CPAs". Each non-licensee owner of a firm that is
    41  formed  under  this  section  shall be (i) a natural person who actively
    42  participates in the business of the firm or its affiliated entities,  or
    43  (ii)  an entity, including, but not limited to, a partnership or profes-
    44  sional corporation, provided each beneficial owner of an equity interest
    45  in such entity is a natural person  who  actively  participates  in  the
    46  business  conducted by the firm or its affiliated entities. For purposes
    47  of this subdivision, "actively participate" means to provide services to
    48  clients or to otherwise individually take part in the  day-to-day  busi-
    49  ness or management of the firm or an affiliated entity.
    50    §  9.  Subdivision  (q) of section 121-1502 of the partnership law, as
    51  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
    52  follows:
    53    (q)  Each  partner  of  a  foreign limited liability partnership which
    54  provides medical services in this state must  be  licensed  pursuant  to
    55  article  131  of the education law to practice medicine in the state and
    56  each partner of a foreign limited liability partnership  which  provides

        S. 4006                            35                            A. 3006
 
     1  dental services in the state must be licensed pursuant to article 133 of
     2  the education law to practice dentistry in this state. Each partner of a
     3  foreign  limited liability partnership which provides veterinary service
     4  in  the state shall be licensed pursuant to article 135 of the education
     5  law to practice veterinary medicine in this state.  Each  partner  of  a
     6  foreign  limited liability partnership which provides professional engi-
     7  neering, land surveying, geological services, architectural and/or land-
     8  scape architectural services in this state must be licensed pursuant  to
     9  article  145,  article  147  and/or  article 148 of the education law to
    10  practice one or more of such professions.  Each  partner  of  a  foreign
    11  limited  liability  partnership  formed  to  provide  public accountancy
    12  services as a firm, whose principal place of business is in  this  state
    13  and  who provides public accountancy services, must be licensed pursuant
    14  to article 149 of the education law to practice  public  accountancy  in
    15  this  state.  Each  partner  of  a foreign limited liability partnership
    16  which provides licensed clinical social work services in this state must
    17  be licensed pursuant to article 154 of the  education  law  to  practice
    18  licensed  clinical  social work in this state. Each partner of a foreign
    19  limited liability  partnership  which  provides  creative  arts  therapy
    20  services  in  this state must be licensed pursuant to article 163 of the
    21  education law to practice creative arts  therapy  in  this  state.  Each
    22  partner  of  a  foreign  limited  liability  partnership  which provides
    23  marriage and family therapy services in  this  state  must  be  licensed
    24  pursuant  to  article  163 of the education law to practice marriage and
    25  family therapy in this state. Each partner of a foreign limited  liabil-
    26  ity partnership which provides mental health counseling services in this
    27  state  must  be licensed pursuant to article 163 of the education law to
    28  practice mental health counseling in  this  state.  Each  partner  of  a
    29  foreign  limited  liability  partnership  which  provides psychoanalysis
    30  services in this state must be licensed pursuant to article 163  of  the
    31  education  law to practice psychoanalysis in this state. Each partner of
    32  a foreign limited liability partnership which provides applied  behavior
    33  analysis  services  in this state must be licensed or certified pursuant
    34  to article 167 of the education law to practice applied behavior  analy-
    35  sis  in  this  state.  A foreign limited liability partnership formed to
    36  lawfully engage in the practice of public accountancy as a firm, as such
    37  practice is defined under article 149 of the  education  law,  shall  be
    38  required  to  show  (i)  that  a simple majority of the ownership of the
    39  firm, in terms of financial interests and  voting  rights  held  by  the
    40  firm's  owners,  belongs  to  individuals  licensed  to  practice public
    41  accountancy in some state, and (ii) that all  partners  of  the  foreign
    42  limited  liability  partnership  whose principal place of business is in
    43  this state, and who are engaged in the practice of public accountancy in
    44  this state, hold a valid license issued under section 7404 of the educa-
    45  tion law. For purposes of this subdivision, "financial  interest"  means
    46  capital  stock,  capital accounts, capital contributions, capital inter-
    47  est, or  interest  in  undistributed  earnings  of  a  business  entity.
    48  Although  firms  registered  with  the  education department may include
    49  non-licensee owners, a registered firm and its owners must  comply  with
    50  rules  promulgated  by  the  state board of regents. Notwithstanding the
    51  foregoing, a firm registered with the education department may not  have
    52  non-licensee  owners  if  the  firm's name includes the words "certified
    53  public accountant," or "certified public accountants," or  the  abbrevi-
    54  ations  "CPA"  or  "CPAs".    Each  non-licensee owner of a firm that is
    55  formed under this section shall be (i) a  natural  person  who  actively
    56  participates  in the business of the firm or its affiliated entities, or

        S. 4006                            36                            A. 3006
 
     1  (ii) an entity, including, but not limited to, a partnership or  profes-
     2  sional  corporation,  provided  that  each beneficial owner of an equity
     3  interest in such entity is a natural person who actively participates in
     4  the  business  conducted  by  the  firm  or its affiliated entities. For
     5  purposes of this subdivision, "actively participate"  means  to  provide
     6  services  to  clients or to otherwise individually take part in the day-
     7  to-day business or management of the firm or an affiliated entity.
     8    § 10. Subdivision (b) of section 1207 of the limited liability company
     9  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    10  as follows:
    11    (b)  With  respect to a professional service limited liability company
    12  formed to provide medical services as such services are defined in arti-
    13  cle 131 of the education law, each  member  of  such  limited  liability
    14  company must be licensed pursuant to article 131 of the education law to
    15  practice  medicine in this state. With respect to a professional service
    16  limited liability company formed to  provide  dental  services  as  such
    17  services are defined in article 133 of the education law, each member of
    18  such  limited liability company must be licensed pursuant to article 133
    19  of the education law to practice dentistry in this state.  With  respect
    20  to  a  professional  service limited liability company formed to provide
    21  veterinary services as such services are defined in article 135  of  the
    22  education  law,  each  member  of such limited liability company must be
    23  licensed pursuant to article 135 of the education law to practice veter-
    24  inary medicine in this state. With respect  to  a  professional  service
    25  limited  liability  company  formed to provide professional engineering,
    26  land surveying, architectural, landscape architectural and/or geological
    27  services as such services are defined in article 145,  article  147  and
    28  article  148 of the education law, each member of such limited liability
    29  company must be licensed pursuant to article  145,  article  147  and/or
    30  article  148  of  the  education  law  to  practice  one or more of such
    31  professions in this state. With respect to a professional service limit-
    32  ed liability company formed to provide public  accountancy  services  as
    33  such  services  are  defined  in  article  149 of the education law each
    34  member of such limited liability company whose principal place of  busi-
    35  ness is in this state and who provides public accountancy services, must
    36  be  licensed  pursuant  to  article 149 of the education law to practice
    37  public accountancy in this state. With respect to a professional service
    38  limited liability company formed to  provide  licensed  clinical  social
    39  work  services as such services are defined in article 154 of the educa-
    40  tion law, each  member  of  such  limited  liability  company  shall  be
    41  licensed  pursuant  to  article  154  of  the  education law to practice
    42  licensed clinical social work in this state. With respect to  a  profes-
    43  sional service limited liability company formed to provide creative arts
    44  therapy  services  as  such  services  are defined in article 163 of the
    45  education law, each member of such limited  liability  company  must  be
    46  licensed  pursuant to article 163 of the education law to practice crea-
    47  tive arts therapy in this state. With respect to a professional  service
    48  limited  liability company formed to provide marriage and family therapy
    49  services as such services are defined in article 163  of  the  education
    50  law,  each  member  of  such  limited liability company must be licensed
    51  pursuant to article 163 of the education law to  practice  marriage  and
    52  family  therapy  in  this  state. With respect to a professional service
    53  limited liability company formed to  provide  mental  health  counseling
    54  services  as  such  services are defined in article 163 of the education
    55  law, each member of such limited  liability  company  must  be  licensed
    56  pursuant  to  article 163 of the education law to practice mental health

        S. 4006                            37                            A. 3006
 
     1  counseling in this state. With respect to a professional service limited
     2  liability company formed to  provide  psychoanalysis  services  as  such
     3  services are defined in article 163 of the education law, each member of
     4  such  limited liability company must be licensed pursuant to article 163
     5  of the education law to practice  psychoanalysis  in  this  state.  With
     6  respect  to  a  professional service limited liability company formed to
     7  provide applied behavior analysis services as such services are  defined
     8  in article 167 of the education law, each member of such limited liabil-
     9  ity company must be licensed or certified pursuant to article 167 of the
    10  education  law  to  practice  applied behavior analysis in this state. A
    11  professional service limited liability company formed to lawfully engage
    12  in the practice of public accountancy as a firm,  as  such  practice  is
    13  defined under article 149 of the education law shall be required to show
    14  (i)  that  a  simple  majority of the ownership of the firm, in terms of
    15  financial interests, and  voting  rights  held  by  the  firm's  owners,
    16  belongs  to  individuals licensed to practice public accountancy in some
    17  state, and (ii) that all  members  of  a  limited  professional  service
    18  limited  liability company, whose principal place of business is in this
    19  state, and who are engaged in the practice of public accountancy in this
    20  state, hold a valid license issued under section 7404 of  the  education
    21  law.  For purposes of this subdivision, "financial interest" means capi-
    22  tal stock, capital accounts, capital contributions, capital interest, or
    23  interest in undistributed earnings of a business entity. Although  firms
    24  registered  with  the  education  department  may  include  non-licensee
    25  owners, a registered firm and its owners must comply with rules  promul-
    26  gated  by  the  state board of regents. Notwithstanding the foregoing, a
    27  firm registered with the education department may not have  non-licensee
    28  owners  if the firm's name includes the words "certified public account-
    29  ant," or "certified public accountants," or the abbreviations  "CPA"  or
    30  "CPAs".  Each non-licensee owner of a firm that is registered under this
    31  section  shall  be (i) a natural person who actively participates in the
    32  business of the firm or its affiliated  entities,  or  (ii)  an  entity,
    33  including,  but  not  limited  to,  a partnership or professional corpo-
    34  ration, provided each beneficial owner of an  equity  interest  in  such
    35  entity  is  a  natural  person who actively participates in the business
    36  conducted by the firm or its affiliated entities. For purposes  of  this
    37  subdivision, "actively participate" means to provide services to clients
    38  or  to  otherwise  individually  take part in the day-to-day business or
    39  management of the firm or an affiliated entity.
    40    § 11. Subdivision (a) of section 1301 of the limited liability company
    41  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    42  as follows:
    43    (a)  "Foreign  professional service limited liability company" means a
    44  professional service limited liability company, whether or  not  denomi-
    45  nated  as  such,  organized  under the laws of a jurisdiction other than
    46  this state, (i) each of whose members and managers, if any, is a profes-
    47  sional authorized by law to render a professional  service  within  this
    48  state  and who is or has been engaged in the practice of such profession
    49  in such professional service limited liability company or a  predecessor
    50  entity, or will engage in the practice of such profession in the profes-
    51  sional  service limited liability company within thirty days of the date
    52  such professional becomes a member, or each of whose members and  manag-
    53  ers,  if  any, is a professional at least one of such members is author-
    54  ized by law to render a professional service within this state  and  who
    55  is  or  has  been  engaged  in  the  practice of such profession in such
    56  professional service limited liability company or a predecessor  entity,

        S. 4006                            38                            A. 3006
 
     1  or  will  engage  in the practice of such profession in the professional
     2  service limited liability company within thirty days of  the  date  such
     3  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
     4  license,  certificate,  registration  or  permit issued by the licensing
     5  authority pursuant to,  the  education  law  to  render  a  professional
     6  service within this state; except that all members and managers, if any,
     7  of  a  foreign  professional  service  limited  liability  company  that
     8  provides health services in this state shall be licensed in this  state.
     9  With respect to a foreign professional service limited liability company
    10  which provides veterinary services as such services are defined in arti-
    11  cle  135  of the education law, each member of such foreign professional
    12  service limited liability company shall be licensed pursuant to  article
    13  135  of  the education law to practice veterinary medicine. With respect
    14  to a  foreign  professional  service  limited  liability  company  which
    15  provides medical services as such services are defined in article 131 of
    16  the  education  law,  each  member  of such foreign professional service
    17  limited liability company must be licensed pursuant to  article  131  of
    18  the education law to practice medicine in this state.  With respect to a
    19  foreign  professional  service  limited liability company which provides
    20  dental services as such services are  defined  in  article  133  of  the
    21  education  law, each member of such foreign professional service limited
    22  liability company must be licensed pursuant to article 133 of the educa-
    23  tion law to practice dentistry in this state. With respect to a  foreign
    24  professional  service  limited  liability company which provides profes-
    25  sional engineering, land surveying, geologic, architectural and/or land-
    26  scape architectural services as such services  are  defined  in  article
    27  145,  article  147  and article 148 of the education law, each member of
    28  such foreign professional service  limited  liability  company  must  be
    29  licensed  pursuant to article 145, article 147 and/or article 148 of the
    30  education law to practice one or more of such professions in this state.
    31  With respect to a foreign professional service limited liability company
    32  which provides public accountancy services as such services are  defined
    33  in article 149 of the education law, each member of such foreign profes-
    34  sional  service limited liability company whose principal place of busi-
    35  ness is in this state and  who  provides  public  accountancy  services,
    36  shall  be licensed pursuant to article 149 of the education law to prac-
    37  tice public accountancy in this state. With respect to a foreign profes-
    38  sional service limited liability company which provides  licensed  clin-
    39  ical social work services as such services are defined in article 154 of
    40  the  education  law,  each  member  of such foreign professional service
    41  limited liability company shall be licensed pursuant to article  154  of
    42  the  education  law to practice clinical social work in this state. With
    43  respect to a foreign  professional  service  limited  liability  company
    44  which  provides  creative  arts  therapy  services  as such services are
    45  defined in article 163 of the education law, each member of such foreign
    46  professional service limited liability company must be licensed pursuant
    47  to article 163 of the education law to practice creative arts therapy in
    48  this state. With respect  to  a  foreign  professional  service  limited
    49  liability company which provides marriage and family therapy services as
    50  such  services  are  defined  in  article 163 of the education law, each
    51  member of such foreign professional service  limited  liability  company
    52  must  be  licensed pursuant to article 163 of the education law to prac-
    53  tice marriage and family therapy  in  this  state.  With  respect  to  a
    54  foreign  professional  service  limited liability company which provides
    55  mental health counseling services as such services are defined in  arti-
    56  cle  163  of the education law, each member of such foreign professional

        S. 4006                            39                            A. 3006
 
     1  service limited liability company must be licensed pursuant  to  article
     2  163  of  the  education law to practice mental health counseling in this
     3  state. With respect to a foreign professional service limited  liability
     4  company  which  provides  psychoanalysis  services  as such services are
     5  defined in article 163 of the education law, each member of such foreign
     6  professional service limited liability company must be licensed pursuant
     7  to article 163 of the education law to practice psychoanalysis  in  this
     8  state.  With respect to a foreign professional service limited liability
     9  company which  provides  applied  behavior  analysis  services  as  such
    10  services are defined in article 167 of the education law, each member of
    11  such  foreign  professional  service  limited  liability company must be
    12  licensed or certified pursuant to article 167 of the  education  law  to
    13  practice applied behavior analysis in this state. A foreign professional
    14  service limited liability company formed to lawfully engage in the prac-
    15  tice  of public accountancy as a firm, as such practice is defined under
    16  article 149 of the education law shall be required to show  (i)  that  a
    17  simple  majority  of  the  ownership  of the firm, in terms of financial
    18  interests, and voting rights held by the firm's owners, belongs to indi-
    19  viduals licensed to practice public accountancy in some state, and  (ii)
    20  that  all  members  of  a  foreign  limited professional service limited
    21  liability company, whose principal place of business is in  this  state,
    22  and who are engaged in the practice of public accountancy in this state,
    23  hold a valid license issued under section 7404 of the education law. For
    24  purposes  of this subdivision, "financial interest" means capital stock,
    25  capital accounts, capital contributions, capital interest,  or  interest
    26  in  undistributed  earnings  of a business entity. Although firms regis-
    27  tered with the education department may include non-licensee  owners,  a
    28  registered firm and its owners must comply with rules promulgated by the
    29  state  board  of regents.   Notwithstanding the foregoing, a firm regis-
    30  tered with the education department may not have non-licensee owners  if
    31  the  firm's  name  includes  the words "certified public accountant," or
    32  "certified public accountants," or the abbreviations  "CPA"  or  "CPAs".
    33  Each  non-licensee owner of a firm that is registered under this section
    34  shall be (i) a natural person who actively participates in the  business
    35  of  the  firm  or its affiliated entities, or (ii) an entity, including,
    36  but not limited to, a partnership or professional corporation,  provided
    37  each  beneficial owner of an equity interest in such entity is a natural
    38  person who actively participates in the business conducted by  the  firm
    39  or  its affiliated entities. For purposes of this subdivision, "actively
    40  participate" means to provide services to clients or to otherwise  indi-
    41  vidually  take part in the day-to-day business or management of the firm
    42  or an affiliated entity.
    43    § 12. Notwithstanding any other provision of law to the contrary, if a
    44  firm which is registered  with  the  education  department  to  lawfully
    45  engage  in the practice of public accountancy has one or more non-licen-
    46  see owners, each such non-licensee owner of  the  firm  whose  principal
    47  place  of  business is in New York state shall pay a fee of nine hundred
    48  dollars to the department of education on a triennial basis.
    49    § 13. This act shall take effect immediately.
 
    50                                   PART F
 
    51    Section 1. Short title. This article shall be known and cited  as  the
    52  "new homes targets and fast-track approval act".

        S. 4006                            40                            A. 3006
 
     1    § 2. Article 20 of the general municipal law is renumbered to be arti-
     2  cle  21,  sections  1000 and 1001 are renumbered to be sections 1020 and
     3  1021, and a new article 20 is added to read as follows:
 
     4                                 ARTICLE 20
     5                  NEW HOMES TARGETS AND FAST TRACK APPROVAL

     6  Section 1000. Legislative findings and declarations.
     7          1001. Definitions.
     8          1002. Applicability.
     9          1003. Safe harbor.
    10          1004. Local  procedures  outside  of  safe harbor/general appeal
    11                  process.
    12          1005. Housing review board.
    13          1006. Land use appeals before the supreme court.
    14    § 1000. Legislative findings and declarations. The legislature  hereby
    15  finds, determines, and declares that:
    16    1.  The lack of housing, especially affordable and supportive housing,
    17  is a critical problem that threatens the  economic,  environmental,  and
    18  social  quality of life throughout New York state and disproportionately
    19  burdens various vulnerable populations that disproportionately need more
    20  affordable housing options including,  but  not  limited  to,  low-  and
    21  moderate-income, racial and ethnic minority, and elderly households.
    22    2. Housing in the state of New York is among the most expensive in the
    23  nation.  The  excessive  cost of the state's housing supply is partially
    24  caused by a lack of new housing production  due  to  the  prevalence  of
    25  local  governmental  land  use policies that limit the opportunities for
    26  and place procedural impediments on the approval of housing developments
    27  and thereby increase development costs and restrict the housing supply.
    28    3. Local governmental limitations on and barriers to housing  develop-
    29  ment  are  especially common for multi-family housing development, which
    30  constrains the supply of affordable and supportive  housing  that  often
    31  require multi-family development to be economically feasible.
    32    4.  Among  the consequences of the prevalence of local restrictions on
    33  housing development are  the  lack  of  housing  to  support  employment
    34  growth;  imbalance in number of jobs and housing supply, with the former
    35  outstripping the latter; sprawl; excessive commuting; and the  potential
    36  for  discrimination  against  low-income  and  minority  households  who
    37  disproportionately require affordable housing opportunities.
    38    5. Many local governments do not give adequate attention to the  local
    39  and  broader regional economic, environmental, and social costs of local
    40  policies and actions that have the effect of stagnating or reducing  the
    41  supply  of  housing, including affordable and supportive housing, or how
    42  such policies and actions thereby produce threats to the public  health,
    43  safety, and general welfare.
    44    6. Additionally, many local governments do not give adequate attention
    45  to  the  local  and broader regional economic, environmental, and social
    46  costs of local policies and actions that result in disapprovals or inhi-
    47  bition of proposals for housing development projects that would  benefit
    48  the  public  health, safety, and general welfare; a reduction in density
    49  of such housing projects; and creation of excessive land use  and  other
    50  barriers for such housing developments to be built.
    51    7.  Legislation  is  necessary to forestall restrictive land use prac-
    52  tices that inhibit and limit housing development, and to forestall undue
    53  local disapprovals of housing development projects, especially  afforda-

        S. 4006                            41                            A. 3006
 
     1  ble  and  supportive housing, given that such practices and disapprovals
     2  produce threats to the public health, safety, and general welfare.
     3    8.  The  state  of  New  York  must ensure that local governments give
     4  adequate attention to the local and broader regional economic,  environ-
     5  mental,  and  social  costs of land use zoning and planning policies and
     6  actions, as well as the denial of applications  to  build  new  housing,
     7  which  collectively and individually may result in a dearth of appropri-
     8  ate housing to meet the needs of  all  residents  in  the  community  or
     9  region.
    10    9.  In  furtherance of overall housing production goals and to promote
    11  the greatest efficiency and coordinated development efforts  of  locali-
    12  ties  within  the  state,  it  is both a matter of state concern and the
    13  policy of the state that local governments address their land use  poli-
    14  cies, practices, and decisions that make housing developments, and espe-
    15  cially  multi-family,  affordable,  and supportive housing developments,
    16  impossible or infeasible.
    17    10. To further address the shortage of affordable and supportive hous-
    18  ing in New York and encourage reduction of land use restrictions and the
    19  production of much needed housing, this  article  creates  an  impartial
    20  forum  and  a  process  for  specially  designating  judges  to  resolve
    21  conflicts arising from local decisions on the development of  affordable
    22  and supportive housing.
    23    11. In order to prevent housing insecurity, hardship, and dislocation,
    24  the  provisions  of  this  act are necessary and designed to protect the
    25  public health, safety, and general welfare of the residents of New  York
    26  state.
    27    §  1001. Definitions. The following definitions apply for the purposes
    28  of this article:
    29    1. "Accessory dwelling unit" shall mean  an  attached  or  a  detached
    30  residential  dwelling unit that provides housing for one or more persons
    31  which is located on a lot with a proposed or existing  primary  residen-
    32  tial  dwelling  unit  and shall include permanent provisions for living,
    33  sleeping, eating, cooking, and sanitation on the same lot as the primary
    34  single-family or multi-family dwelling.
    35    2. "Affordable housing" shall  mean  any  income  restricted  housing,
    36  whether intended for rental or homeownership, that is subject to a regu-
    37  latory agreement with a local, state or federal governmental entity.
    38    3.  "Application"  shall  mean  an  application for a building permit,
    39  variance, waiver, conditional use permit, special  permit,  zoning  text
    40  amendment,  zoning map amendment, amendment to zoning districts, certif-
    41  ication, authorization, site plan  approval,  subdivision  approval,  or
    42  other discretionary land use determination by a lead agency equivalent.
    43    4.  "Division"  shall  mean  the  division  of  housing  and community
    44  renewal.
    45    5. "Economically infeasible" shall mean any condition brought about by
    46  any single factor or combination of factors to the extent that it  makes
    47  it substantially unlikely for an owner to proceed in building a residen-
    48  tial  housing  project and still realize a reasonable return in building
    49  or operating  such  housing  without  substantially  changing  the  rent
    50  levels,  residential  dwelling  unit sizes, or residential dwelling unit
    51  counts proposed by the owner.
    52    6. "Housing review board" shall mean the housing review  board  estab-
    53  lished pursuant to this article.
    54    7.  "Land  use  action"  shall mean any enactment of or amendment to a
    55  provision of a zoning local law, ordinance, resolution, policy, program,

        S. 4006                            42                            A. 3006
 
     1  procedure, comprehensive plan, site plan,  subdivision  plan,  criteria,
     2  rule, regulation, or requirement of a local agency.
     3    8.  "Land  use  requirements" shall mean any and all local laws, ordi-
     4  nances, resolutions, or regulations, that shall be  adopted  or  enacted
     5  under this chapter, the municipal home rule law, or any general, special
     6  or other law pertaining to land use, and shall include but not be limit-
     7  ed to a locality's:
     8    a. written or other comprehensive plan or plans;
     9    b. zoning ordinance, local laws, resolutions, or regulations;
    10    c.  special  use  permit,  special exception permit, or special permit
    11  ordinance, local laws, resolutions, or regulations;
    12    d. subdivision ordinance, local laws, resolutions, or regulations;
    13    e. site plan review  ordinance,  local  laws,  resolutions,  or  regu-
    14  lations; and
    15    f. policies or procedures, or any planning, zoning, or other regulato-
    16  ry tool that controls or establishes standards for the use and occupancy
    17  of  land,  the  area and dimensional requirements for the development of
    18  land, or the intensity of such development.
    19    9. "Lead agency equivalent" shall be defined as any  legislative  body
    20  of  a  locality, planning board, zoning board of appeals, planning divi-
    21  sion, planning commission, board of  standards  and  appeals,  board  of
    22  zoning  appeals,  or  any  official  or  employee,  or any other agency,
    23  department, board or other entity related to a locality with the author-
    24  ity to approve or disapprove of any specific project or amendment to any
    25  land use requirements as defined in this article.
    26    10. "Locality" shall refer to all  cities,  towns,  or  villages  that
    27  regulate  land  use  pursuant to the general city law, the town law, the
    28  village law, or other state law, as applicable. Provided further that in
    29  a city with a population of one million or more, "locality" shall  refer
    30  to  a  community  board district as defined by chapter sixty-nine of the
    31  charter of the city of New York. Provided further that "locality"  shall
    32  refer  to  any city, town, or village within a county, where such county
    33  regulates or otherwise has approval authority  over  land  use  require-
    34  ments.
    35    11. "Metropolitan transportation commuter district" shall refer to the
    36  counties  of  the  Bronx,  Kings  (Brooklyn), New York, Richmond (Staten
    37  Island),  Queens,  Westchester,  Orange,  Putnam,  Dutchess,   Rockland,
    38  Nassau, and Suffolk.
    39    12.  "Objective  standards" shall be defined as standards that involve
    40  no personal or subjective judgment by a public official or employee  and
    41  are  uniformly  verifiable  by  reference  to  a  publicly available and
    42  uniform benchmark or criterion available and knowable by both the devel-
    43  opment applicant and the public official or employee before submittal of
    44  a residential land use application.
    45    13. "Previously disturbed land" shall mean a parcel  or  lot  of  land
    46  that  was  occupied  or  formerly  occupied  by  a building or otherwise
    47  improved or utilized that is not located in a 100-year floodplain or was
    48  not being used for commercial agricultural purposes as of the  effective
    49  date of this article.
    50    14.  "Qualifying project" shall refer to an application that is for at
    51  least ten dwelling units in localities not located in  the  metropolitan
    52  transportation  commuter  district  or at least twenty dwelling units in
    53  localities located in the metropolitan transportation commuter  district
    54  and at least twenty percent of the dwelling units are affordable housing
    55  units  restricted  to  households  at or below fifty percent of the area
    56  median income or supportive dwelling  units,  or  at  least  twenty-five

        S. 4006                            43                            A. 3006
 
     1  percent of the dwelling units are affordable housing units restricted to
     2  households  at  or  below  eighty  percent  of the area median income or
     3  supportive dwelling units.
     4    15.  "Residential  dwelling unit" shall mean any building or structure
     5  or portion thereof which is legally occupied in whole or in part as  the
     6  home,  residence  or sleeping place of one or more human beings, however
     7  the term does not include any class B multiple dwellings as  defined  in
     8  section four of the multiple dwelling law or housing that is intended to
     9  be used on a seasonal basis.
    10    16. "Safe harbor" shall mean that a locality's denials of applications
    11  are  not  subject  to  appeal pursuant to section one thousand four, one
    12  thousand five or one thousand six of this article for a three-year cycle
    13  as set forth in section one thousand three of this article.
    14    17. "Supportive housing" shall mean residential  dwelling  units  with
    15  supportive services for tenants.
    16    18.  "Three-year cycle" shall mean a term of three calendar years with
    17  the first cycle beginning on January first,  two  thousand  twenty-four,
    18  and each cycle commencing three calendar years thereafter.
    19    §  1002.  Applicability. This article shall apply to all localities as
    20  defined in subdivision ten of section one thousand one of this article.
    21    § 1003. Safe harbor. 1. Determinations.   a. The division,  using  the
    22  information  submitted  pursuant to this section, may make and publish a
    23  determination as to whether a locality is in safe harbor as a result  of
    24  such  locality  achieving  its growth targets, as defined in subdivision
    25  three of this section. Such determination may  only  be  reviewed  by  a
    26  court  or the housing review board as part of an appeal of a denial of a
    27  specific qualifying project.
    28    b. Safe harbor, as defined in section one thousand one of  this  arti-
    29  cle,  shall  be granted to localities based upon a three-year cycle with
    30  the first cycle beginning on January first,  two  thousand  twenty-four,
    31  provided  further that all localities shall be deemed in safe harbor for
    32  the duration of the first cycle beginning on January first, two thousand
    33  twenty-four and terminating after December  thirty-first,  two  thousand
    34  twenty-six.
    35    (i)  A  locality shall be deemed to be in safe harbor if such locality
    36  satisfactorily enacts at least two preferred actions, as  set  forth  in
    37  subdivision four of this section.  Except as otherwise set forth in this
    38  article,  any determination issued by the division that a locality is in
    39  safe harbor based on the enactment of preferred actions, as set forth in
    40  subdivision four of this section, shall be in effect from the  effective
    41  date  of such determination through the end of the three-year cycle that
    42  is current on the date on which such determination is  issued,  provided
    43  further,  however,  that  any  determination  as  to whether safe harbor
    44  should apply based on the locality's enactment of such preferred actions
    45  shall be based on such preferred actions enacted during  the  three-year
    46  cycle  immediately  preceding the three-year cycle in which the determi-
    47  nation was issued. In the  event  that  a  locality  rescinds  any  such
    48  preferred  action  that contributed to a locality being determined to be
    49  in safe harbor within ten years of such  preferred  action's  enactment,
    50  such  locality shall be ineligible for safe harbor for ten years, start-
    51  ing on the date such locality was initially deemed to be in safe  harbor
    52  as a result of such rescinded preferred action.
    53    (ii)  A locality shall be deemed to be in safe harbor if such locality
    54  met or exceeded their growth targets as set forth in  subdivision  three
    55  of  this  section.  Except  as  otherwise set forth in this article, any
    56  determination issued by the division that a locality is in  safe  harbor

        S. 4006                            44                            A. 3006
 
     1  based  on  the  locality  meeting  or exceeding their growth targets set
     2  forth in subdivision three of this section shall be in effect  from  the
     3  effective  date  of such determination through the end of the three-year
     4  cycle  that was current at the time such determination was issued by the
     5  division; provided further, however, that any determination as to wheth-
     6  er safe harbor should apply shall be based on the  locality  meeting  or
     7  exceeding  their  growth  targets  in  the  three-year cycle immediately
     8  preceding the three-year cycle in which the determination was issued.
     9    (iii) A locality shall be determined to be  in  safe  harbor  for  the
    10  three-year  cycle beginning on January first, two thousand twenty-seven,
    11  and ending on December thirty-first, two thousand twenty-nine, if,  from
    12  a period beginning on January first, two thousand twenty-one, and ending
    13  on  December  thirty-first, two thousand twenty-three, such locality met
    14  or exceeded their growth targets as set forth in  subdivision  three  of
    15  this section.
    16    2. Local reporting requirements. Each locality subject to this article
    17  shall submit housing production information to the division. Such infor-
    18  mation shall be submitted pursuant to the deadlines set forth by section
    19  twenty-a  of  the  public  housing law and shall contain the information
    20  prescribed in such section. Notwithstanding any other provision of  this
    21  section,  any failure of a locality to provide such information pursuant
    22  to this subdivision to the division shall result in the  locality  being
    23  deemed  ineligible for safe harbor until such time as the information is
    24  properly submitted.
    25    3. Growth targets. a. A locality may  be  determined  to  be  in  safe
    26  harbor  for  a three-year cycle, if, in the previous three-year cycle, a
    27  locality located outside of  the  metropolitan  transportation  commuter
    28  district permitted the construction of new eligible residential dwelling
    29  units  in  an  amount  equal to one percent of the amount of residential
    30  housing units existing in the locality as reported in the most  recently
    31  published United States decennial census.
    32    b.  A locality may be determined to be in safe harbor for a three-year
    33  cycle, if, in the previous three-year cycle, a locality  located  inside
    34  of  the  metropolitan  transportation  commuter  district  permitted the
    35  construction of new eligible residential dwelling  units  in  an  amount
    36  equal to three percent of the amount of residential housing units exist-
    37  ing  in  the  locality as reported in the most recently published United
    38  States decennial census.
    39    c. Subject to paragraph d of this subdivision, the number of  eligible
    40  residential  dwelling  units  shall  be  calculated  using the following
    41  formula:
    42    (i) a permitted new residential dwelling unit shall be counted as  one
    43  eligible  residential dwelling unit, provided that a permitted new resi-
    44  dential dwelling unit that is income restricted to households earning no
    45  more than an amount that is determined pursuant to a  regulatory  agree-
    46  ment with a federal, state, or local governmental entity shall be count-
    47  ed as two eligible residential dwelling units; and
    48    (ii)  every  permitted  residential dwelling unit that became suitable
    49  for occupancy and that previously had been deemed abandoned pursuant  to
    50  article  nineteen-A  of  the  real  property actions and proceedings law
    51  shall be counted as  one  and  one-half  eligible  residential  dwelling
    52  units.
    53    For the purposes of this subdivision, a project shall be considered to
    54  be  permitted  if  it  has  received  all necessary local authorizations
    55  required prior to requesting a building permit.

        S. 4006                            45                            A. 3006
 
     1    d. The following permitted residential dwelling  units  shall  not  be
     2  counted as eligible residential dwelling units:
     3    (i)  any  permitted  residential  dwelling unit where more than twelve
     4  months have passed between the authorization granting permission and the
     5  commencement of construction; and
     6    (ii) any permitted residential dwelling unit where more  than  twenty-
     7  four  months  have  passed between the authorization granting permission
     8  and the issuance of a certificate of occupancy or temporary  certificate
     9  of occupancy.
    10    e.  In  the event a permitted residential dwelling unit is not counted
    11  as an eligible residential unit pursuant to paragraph d of this subdivi-
    12  sion, such residential dwelling unit may be counted as an eligible resi-
    13  dential dwelling unit when the certificate  of  occupancy  or  temporary
    14  certificate  of  occupancy is issued for such residential dwelling unit.
    15  Provided, further, that in no event shall an eligible residential dwell-
    16  ing unit be counted towards a locality's growth target in more than  one
    17  three-year cycle.
    18    4. Preferred actions. a. Accessory dwelling units. It shall be consid-
    19  ered  to  be  a  preferred action pursuant to this section if a locality
    20  enacts by local law the provisions of this paragraph. For  any  locality
    21  within  a  city  with  a  population of one million or more, it shall be
    22  considered to be such a preferred action if such city  enacts  by  local
    23  law  the  provisions of this paragraph throughout such locality. For any
    24  locality located within a county wherein such  county  is  empowered  to
    25  approve  or  amend  some  or all of the land use requirements applicable
    26  within the locality, to the extent the county is so empowered, it  shall
    27  be considered such a preferred action if such county enacts by local law
    28  the provisions of this paragraph to be in effect throughout such locali-
    29  ty.
    30    (i) Definitions. For the purposes of this paragraph:
    31    A. "Local government" shall mean a county, city, town or village.
    32    B.  "Nonconforming zoning condition" shall mean a physical improvement
    33  on a property that does not conform with current zoning standards.
    34    C. "Proposed dwelling" shall mean a dwelling that is the subject of  a
    35  permit application and that meets the requirements for permitting.
    36    (ii)  A local government shall, by local law, provide for the creation
    37  of accessory dwelling units. Such local law shall:
    38    A. designate areas within the jurisdiction  of  the  local  government
    39  where  accessory  dwelling  units  shall  be permitted. Designated areas
    40  shall include all areas that permit single-family or multi-family  resi-
    41  dential use, and all lots with an existing residential use;
    42    B.  authorize the creation of at least one accessory dwelling unit per
    43  lot;
    44    C. provide reasonable standards for accessory dwelling units that  may
    45  include, but are not limited to, height, landscape, architectural review
    46  and maximum size of a unit. In no case shall such standards unreasonably
    47  restrict the creation of accessory dwelling units; and
    48    D. require accessory dwelling units to comply with the following:
    49    (1)  such  accessory  dwelling  unit  may  be rented separate from the
    50  primary residential dwelling unit, but shall not be  sold  or  otherwise
    51  conveyed separate from the primary residential dwelling unit;
    52    (2)  such  accessory  dwelling  unit  shall  be  located on a lot that
    53  includes a proposed dwelling or existing residential dwelling unit;
    54    (3) such accessory dwelling unit shall not be rented  for  a  term  of
    55  less than thirty days; and

        S. 4006                            46                            A. 3006
 
     1    (4)  if  there  is  an existing primary residential dwelling unit, the
     2  total floor area of an accessory dwelling unit shall  not  exceed  fifty
     3  percent  of  the existing primary residential dwelling unit, unless such
     4  limit would prevent the creation of an accessory dwelling unit  that  is
     5  no greater than six hundred square feet.
     6    (iii)  A  local government shall not establish by local law any of the
     7  following:
     8    A. in a local government having a population of one million or more, a
     9  minimum square footage requirement for an accessory dwelling unit great-
    10  er than two hundred square feet, or in a local government having a popu-
    11  lation of less than one million, a minimum  square  footage  requirement
    12  for  an  accessory dwelling unit that is greater than five hundred fifty
    13  square feet;
    14    B. a maximum square footage requirement for an accessory dwelling unit
    15  that is less than fifteen hundred square feet;
    16    C. any other minimum or maximum size for or other limits on an  acces-
    17  sory dwelling unit that does not permit at least an eight hundred square
    18  foot  accessory dwelling unit with four-foot side and rear yard setbacks
    19  to be constructed in compliance with other  local  standards,  including
    20  any such minimum or maximum size based upon a percentage of the proposed
    21  dwelling  or  existing  primary  residential  dwelling unit, or any such
    22  other limits on lot coverage, floor area ratio, open space, and  minimum
    23  lot  size.  Notwithstanding any other provision of this section, a local
    24  government may provide, where a lot  contains  an  existing  residential
    25  dwelling  unit,  that  an  accessory dwelling unit located within and/or
    26  attached to the primary residential dwelling unit shall not  exceed  the
    27  buildable  envelope for the existing residential dwelling unit, and that
    28  an accessory dwelling unit that is detached from an existing residential
    29  dwelling unit shall be constructed in the same location and to the  same
    30  dimensions as an existing structure, if such structure exists;
    31    D.  a  ceiling  height requirement greater than seven feet, unless the
    32  local government can demonstrate that such a  requirement  is  necessary
    33  for the preservation of health and safety;
    34    E.  any requirement that a pathway exist or be constructed in conjunc-
    35  tion with the creation of an accessory dwelling unit, unless  the  local
    36  government  can  demonstrate  that such requirement is necessary for the
    37  preservation of health and safety;
    38    F. any setback for an existing residential dwelling unit or  accessory
    39  structure  or  a  structure  constructed in the same location and to the
    40  same dimensions as an existing structure that is converted to an  acces-
    41  sory dwelling unit or to a portion of an accessory dwelling unit, or any
    42  setback  of  more than four feet from the side and rear lot lines for an
    43  accessory dwelling unit that is not converted from an existing structure
    44  or a new structure constructed in the same  location  and  to  the  same
    45  dimensions as an existing structure; or
    46    G.  any health or safety requirements on accessory dwelling units that
    47  are not  necessary  to  protect  health  and  safety.  Nothing  in  this
    48  provision  shall be construed to prevent a local government from requir-
    49  ing that accessory dwelling units are, where  applicable,  supported  by
    50  septic  capacity  necessary  to  meet  state health, safety and sanitary
    51  standards, that the creation of such accessory dwelling  units  comports
    52  with  flood  resiliency  policies  or  efforts,  and that such accessory
    53  dwelling units are  consistent  with  the  protection  of  wetlands  and
    54  watersheds.
    55    (iv)  No parking requirement shall be imposed on an accessory dwelling
    56  unit; provided, however, that where no adjacent  public  street  permits

        S. 4006                            47                            A. 3006
 
     1  year-round  on-street parking and the accessory dwelling unit is greater
     2  than one-half mile from access to public transportation, a local govern-
     3  ment may require up to one off-street parking space per accessory unit.
     4    (v) A local government shall not require that off-street parking spac-
     5  es  be  replaced  if  a garage, carport, or covered parking structure is
     6  demolished in conjunction with the construction of an accessory dwelling
     7  unit or converted to an accessory dwelling unit.
     8    (vi) Notwithstanding any local law, ordinance,  resolution,  or  regu-
     9  lations,  a  permit  application to create an accessory dwelling unit in
    10  conformance with a local law adopted pursuant to this paragraph shall be
    11  considered ministerially, without discretionary review or a hearing.  If
    12  there  is an existing single-family or multi-family residential dwelling
    13  unit on the lot, the permitting local government shall act on the appli-
    14  cation to create an accessory dwelling unit within ninety days from  the
    15  date  the  local  agency receives a completed application or, in a local
    16  government having a population of one  million  or  more,  within  sixty
    17  days.  If the permit application to create an accessory dwelling unit is
    18  submitted with a permit application to create a new primary  residential
    19  dwelling  unit  on  the  lot,  the permitting local government may delay
    20  acting on the permit application for the accessory dwelling  unit  until
    21  the permitting local government acts on the permit application to create
    22  the new primary residential dwelling unit, but the application to create
    23  the  accessory  dwelling  unit shall be considered without discretionary
    24  review or hearing. If the applicant requests a delay,  the  time  period
    25  for  review  shall  be  tolled  for the period of the delay. Such review
    26  shall include all necessary permits  and  approvals  including,  without
    27  limitation, those related to health and safety. A local government shall
    28  not  require  an  additional  or  amended  certificate  of  occupancy in
    29  connection with an accessory  dwelling  unit.  A  local  government  may
    30  charge  a fee not to exceed one thousand dollars per application for the
    31  reimbursement of the actual costs such local agency incurs  pursuant  to
    32  the local law enacted pursuant to this paragraph.
    33    (vii) Local governments shall establish an administrative appeal proc-
    34  ess  to  a  local  agency  for applications to create accessory dwelling
    35  units. The jurisdiction of the local agency to decide such appeals shall
    36  be limited to reviewing any order,  requirement,  decision,  interpreta-
    37  tion,  or  determination  issued under the local law adopted pursuant to
    38  this paragraph and deciding the matter from which any  such  appeal  was
    39  taken.  When a permit to create an accessory dwelling unit pursuant to a
    40  local law adopted pursuant to this paragraph is denied, the local agency
    41  that denied the permit shall  issue  a  notice  of  denial  which  shall
    42  contain  the  reason  or  reasons such permit application was denied and
    43  instructions on how the applicant may appeal such  denial.  Such  notice
    44  shall  be  made  part  of  the  record  of appeals. All appeals shall be
    45  submitted to the local agency authorized by the governing  body  of  the
    46  local  government  to decide such appeals, in writing within thirty days
    47  of any order, requirement, decision,  interpretation,  or  determination
    48  related to the creation of accessory dwelling units.
    49    (viii)  No  other local law, ordinance, policy, or regulation shall be
    50  the basis for the denial of a building permit or a use permit under this
    51  paragraph except to the extent necessary to protect  health  and  safety
    52  and  provided  such  law,  policy,  or regulation is consistent with the
    53  requirements of this paragraph.
    54    (ix) A local government shall not require, as a condition  for  minis-
    55  terial approval of a permit application for the creation of an accessory
    56  dwelling  unit,  the  correction  of  nonconforming  zoning  conditions,

        S. 4006                            48                            A. 3006
 
     1  noncomplying zoning conditions, or other minor violations of  any  local
     2  law.
     3    (x) Where an accessory dwelling unit requires a new or separate utili-
     4  ty connection directly between the accessory dwelling unit and the util-
     5  ity,  the  connection  may  be  subject  to a connection fee or capacity
     6  charge that shall be proportionate to the burden of the proposed  acces-
     7  sory  dwelling  unit,  based  upon  either its size or the number of its
     8  plumbing fixtures upon the water or sewer system.  Such  fee  or  charge
     9  shall   not  exceed  the  reasonable  cost  of  providing  such  utility
    10  connection. A local  government  shall  not  impose  any  other  fee  in
    11  connection with an accessory dwelling unit.
    12    (xi)  A property owner who is denied a permit by a local government in
    13  violation of this paragraph shall have a private cause of  action  in  a
    14  court of competent jurisdiction.
    15    (xii)  Any  amendment  undertaken  pursuant to this paragraph shall be
    16  exempt from any environmental review requirements  pursuant  to  article
    17  eight  of  the  environmental  conservation  law and any rules and regu-
    18  lations promulgated pursuant thereto, and any  substantially  equivalent
    19  local  law,  regulation  or  rule  to article eight of the environmental
    20  conservation law, including, but not limited to, in a city with a  popu-
    21  lation  greater  than  one  million  people,  city environmental quality
    22  review.
    23    b. Lot splits. It shall be considered to be a preferred action  pursu-
    24  ant  to this section if a locality enacts by local law the provisions of
    25  this paragraph. For any locality within a city with a population of  one
    26  million  or more, it shall be a considered to be such a preferred action
    27  if such city enacts by  local  law  the  provisions  of  this  paragraph
    28  throughout such locality. For any locality located within a county wher-
    29  ein such county is empowered to approve or amend some or all of the land
    30  use requirements applicable within the locality, to the extent the coun-
    31  ty  is  so  empowered, it shall be considered such a preferred action if
    32  such county enacts by local law the provisions of this paragraph  to  be
    33  in effect throughout such locality.
    34    (i) Notwithstanding any other provision of state or local law, rule or
    35  regulation, a lead agency equivalent shall ministerially approve, as set
    36  forth  by  the  local  law  adopted  to  establish a preferred action in
    37  accordance with this paragraph, a lot to be split  if  the  lead  agency
    38  equivalent  determines  that the lot meets all of the following require-
    39  ments:
    40    A. the lot to be split creates no more than two new lots  of  approxi-
    41  mately  equal  lot area, provided that one lot shall not be smaller than
    42  forty percent of the lot area of  the  original  lot  proposed  for  the
    43  subdivision;
    44    B. the lot to be split is located in an area where single-family resi-
    45  dential use is permitted;
    46    C.  the lot was not created from a previous lot split permitted pursu-
    47  ant to the local law that was enacted pursuant to this paragraph; and
    48    D. the proposed lot split would not require demolition  or  alteration
    49  of any of the following types of housing:
    50    (1)  housing that is subject to a recorded covenant, ordinance, law or
    51  regulatory agreement  that  restricts  rents  to  levels  affordable  to
    52  persons and families of a set income;
    53    (2) housing that is subject to the emergency rent stabilization law or
    54  the emergency tenant protection act; or

        S. 4006                            49                            A. 3006
 
     1    (3) housing that is listed on the state registry of historic places or
     2  had  an  application  pending  to  be  listed on such registry as of the
     3  effective date of this article.
     4    (ii)  An  application  for a lot split shall be approved in accordance
     5  with the following requirements:
     6    A. A lead agency equivalent shall approve or deny an application for a
     7  lot split ministerially without discretionary review.
     8    B. A lead agency equivalent shall not require dedications  of  rights-
     9  of-way  or  the  construction of offsite improvements for the lots being
    10  created as a condition of approving a lot split pursuant to a local  law
    11  adopted pursuant to this paragraph.
    12    C.  A  lead  agency  equivalent  shall  not impose land use standards,
    13  zoning standards, subdivision standards,  design  review  standards,  or
    14  other  development  standards  that  would have the effect of physically
    15  precluding the construction of two units, one on each of  the  resulting
    16  lots,  or  that  would  result in a unit size of less than eight hundred
    17  square feet, provided further that no setback shall be required  for  an
    18  existing  structure  or a structure constructed in the same location and
    19  to the same dimensions as an existing structure.
    20    D. Notwithstanding clause C of this subparagraph, a lead agency equiv-
    21  alent may require a setback of up to four feet from the  side  and  rear
    22  lot lines.
    23    (iii) A lead agency equivalent may deny a lot split if the lead agency
    24  equivalent  makes  a  written finding, based upon a preponderance of the
    25  evidence, that a proposed residential dwelling unit on one  of  the  new
    26  lots  would have a specific, adverse impact upon public health or safety
    27  for which there is no feasible method  to  satisfactorily  mitigate  the
    28  specific adverse impact.
    29    (iv)  A lead agency equivalent may require any of the following condi-
    30  tions when considering an application to undertake a lot split:
    31    A. easements required for the provision of public services and facili-
    32  ties;
    33    B. a requirement that the lots have access to, provide access  to,  or
    34  adjoin the public right-of-way; and
    35    C.  off-street  parking  of  up  to one space per residential dwelling
    36  unit, except that a lead agency  equivalent  shall  not  impose  parking
    37  requirements in either of the following instances:
    38    (1) where year-round parking is permitted on an adjacent street; or
    39    (2)  where  the  split lot is within one-half mile of access to public
    40  transportation.
    41    (v) A lead agency equivalent shall not impose owner occupancy require-
    42  ments on a lot split authorized pursuant to a local law adopted pursuant
    43  to this paragraph.
    44    (vi) A lead agency equivalent shall require that a rental of any  unit
    45  created  pursuant  to  a local law adopted pursuant to this paragraph be
    46  for a term longer than thirty days.
    47    (vii) A lead agency equivalent shall not require, as a  condition  for
    48  ministerial  approval  of  a  lot  split pursuant to a local law adopted
    49  pursuant to this paragraph, correction of nonconforming or  noncomplying
    50  zoning conditions.
    51    (viii)  A  request  for  a  lot  split pursuant to a local law adopted
    52  pursuant to this  paragraph  shall  not  be  denied  solely  because  it
    53  proposed  adjacent or connected structures, provided that the structures
    54  meet building code safety standards and are sufficient to allow separate
    55  conveyance.

        S. 4006                            50                            A. 3006
 
     1    (ix) Any amendment undertaken pursuant  to  this  paragraph  shall  be
     2  exempt  from  any  environmental review requirements pursuant to article
     3  eight of the environmental conservation law  and  any  rules  and  regu-
     4  lations  promulgated  pursuant thereto, and any substantially equivalent
     5  local  law,  regulation  or  rule  to article eight of the environmental
     6  conservation law, including, but not limited to, in a city with a  popu-
     7  lation of one million or more, city environmental quality review.
     8    c.  Remove  exclusionary  measures.  It  shall  be  considered to be a
     9  preferred action pursuant to this section if a locality enacts by  local
    10  law  the  provisions  of  this paragraph. For any locality within a city
    11  with a population of one million or more, it shall be considered  to  be
    12  such  a preferred action if such city enacts by local law the provisions
    13  of this paragraph throughout such locality.  For  any  locality  located
    14  within  a  county  wherein  such county is empowered to approve or amend
    15  some or all of the land use requirements applicable within the locality,
    16  to the extent the county is so empowered, it shall be considered such  a
    17  preferred  action  if  such county enacts by local law the provisions of
    18  this paragraph to be in effect throughout such locality.
    19    (i) No locality shall, as part of its land use laws, ordinances, rules
    20  or regulations, including, but not limited to, zoning laws,  ordinances,
    21  rules  or regulations, site plan review laws, ordinances, rules or regu-
    22  lations, subdivision laws, rules or regulations, or comprehensive  plan-
    23  ning laws, rules or regulations, impose:
    24    A. minimum lot size requirements for mixed-use or residential uses;
    25    B. height limits that preclude or unduly restrict the ability to build
    26  residential  accommodations,  including  multi-family residential build-
    27  ings;
    28    C. lot coverage restrictions that  preclude  or  unduly  restrict  the
    29  ability  to  build  residential  accommodations,  including multi-family
    30  residential buildings; or
    31    D. parking minimums on any site that  exceed  one  parking  space  per
    32  residential  dwelling  unit, provided, further, that no parking minimums
    33  may be imposed for any site that  includes  residential  dwelling  units
    34  when  such  site  is  located within one-half mile from access to public
    35  transportation.
    36    (ii) Any amendment undertaken pursuant  to  this  paragraph  shall  be
    37  exempt  from  any  environmental review requirements pursuant to article
    38  eight of the environmental conservation law  and  any  rules  and  regu-
    39  lations  promulgated  pursuant thereto, and any substantially equivalent
    40  local law, regulation or rule to  article  eight  of  the  environmental
    41  conservation  law, including, but not limited to, in a city with a popu-
    42  lation of one million or more, city environmental quality review.
    43    d. Smart growth rezonings. It shall be considered to  be  a  preferred
    44  action  pursuant  to  this section if a locality enacts by local law the
    45  provisions of this paragraph. Such preferred action  shall  be  designed
    46  and implemented in such a manner that it complies with federal and state
    47  fair  housing  laws,  including the requirement to affirmatively further
    48  fair housing, which shall include compliance with the  requirements  set
    49  forth  in subdivision three of section six hundred of the public housing
    50  law. For any locality within a city with a population of one million  or
    51  more,  it shall be considered to be such a preferred action if such city
    52  enacts by local law the provisions of  this  paragraph  throughout  such
    53  locality.   For any locality located within a county wherein such county
    54  is empowered to approve or amend some or all of the  land  use  require-
    55  ments  applicable  within  the  locality, to the extent the county is so
    56  empowered, it shall be considered such a preferred action if such county

        S. 4006                            51                            A. 3006
 
     1  enacts by local law the provisions of this paragraph  to  be  in  effect
     2  throughout such locality.
     3    (i)  A  lead  agency  equivalent  shall undertake a land use action to
     4  amend  its  land  use  requirements,  as  applicable,  to   permit   the
     5  construction  of  residential  housing  with  an aggregate density of at
     6  least twenty-five residential dwelling units per acre over  an  area  or
     7  areas consisting solely of previously disturbed land that, in the aggre-
     8  gate,  are  equal  to one-third of the previously disturbed land mass of
     9  the locality.
    10    (ii) Such land use action shall not include any measure that makes the
    11  development of residential housing economically  infeasible,  including,
    12  but  not limited to, unduly restrictive height limits, excessive yard or
    13  open space requirements, the imposition of minimum or  maximum  residen-
    14  tial  dwelling  unit size limits, or restrictions on the total number of
    15  permitted  residential  dwelling  units  within  a  residential  housing
    16  project  based  on  lot  size or other criteria other than the aggregate
    17  density.
    18    (iii) Such land use action shall permit commercial uses on  a  reason-
    19  able  percentage  of the lots impacted by the amendment with the goal of
    20  granting residents access to amenities, goods, and services within walk-
    21  ing distance of their residences.
    22    (iv) Any amendment undertaken pursuant  to  this  paragraph  shall  be
    23  exempt  from  any  environmental review requirements pursuant to article
    24  eight of the environmental conservation law  and  any  rules  and  regu-
    25  lations  promulgated  pursuant thereto, and any substantially equivalent
    26  local law, regulation or rule to  article  eight  of  the  environmental
    27  conservation  law, including, but not limited to, in a city with a popu-
    28  lation greater than  one  million  people,  city  environmental  quality
    29  review.
    30    (v)  Any  proposed  project  that  provides  residential  housing  and
    31  complies with a locality's land use requirements, after  such  land  use
    32  requirements  have  been  amended  pursuant  to this paragraph, shall be
    33  exempt from review requirements pursuant to article eight of  the  envi-
    34  ronmental  conservation  law  and  any rules and regulations promulgated
    35  thereto, and any substantially equivalent local law, regulation or  rule
    36  to  article  eight of the environmental conservation law, including, but
    37  not limited to, in a city with a population  greater  than  one  million
    38  people, city environmental quality review.
    39    (vi)  Project specific review of any project that provides residential
    40  housing and complies with a locality's land use requirements, after such
    41  requirements have been amended pursuant to this paragraph, shall:
    42    A. be completed with written approval or denial being delivered to the
    43  applying party within one hundred twenty days of the  application  being
    44  submitted; and
    45    B. be limited to a review of the following:
    46    (1)  the capacity of local infrastructure to provide adequate drinking
    47  water and wastewater services to the proposed project;
    48    (2) the capacity of local infrastructure to provide  adequate  utility
    49  services to the proposed project; and
    50    (3) the aesthetics of the proposed project, provided that any aesthet-
    51  ic  review  must be based on published objective standards. If no objec-
    52  tive standards are published, no project specific  review  may  consider
    53  aesthetics. Provided further that no aesthetic requirements may increase
    54  the  cost  of  a  project  to make such project as proposed economically
    55  infeasible.

        S. 4006                            52                            A. 3006
 
     1    C. Unless specifically set forth by this paragraph, nothing set  forth
     2  in this subparagraph shall be interpreted to override or otherwise waive
     3  any  permitting  required  pursuant  to  state  or federal laws or regu-
     4  lations.
     5    e.  Adaptive reuse rezonings. It shall be considered to be a preferred
     6  action pursuant to this section if a locality enacts by  local  law  the
     7  provisions  of  this  paragraph. Such preferred action shall be designed
     8  and implemented in such a manner that it complies with federal and state
     9  fair housing laws, including the requirement  to  affirmatively  further
    10  fair  housing,  which shall include compliance with the requirements set
    11  forth in subdivision three of section six hundred of the public  housing
    12  law.  For  any locality within a city with a population greater than one
    13  million people, it shall be considered to be such a preferred action  if
    14  such  city enacts by local law the provisions of this paragraph through-
    15  out such locality.  For any locality located  within  a  county  wherein
    16  such county is empowered to approve or amend some or all of the land use
    17  requirements applicable within the locality, to the extent the county is
    18  so  empowered,  it  shall  be considered such a preferred action if such
    19  county enacts by local law the provisions of this  paragraph  to  be  in
    20  effect throughout such locality.
    21    (i)  A  lead  agency  equivalent  shall undertake a land use action to
    22  amend its land use requirements to permit the construction and occupancy
    23  of residential housing with an aggregate density of at least twenty-five
    24  residential dwelling units per acre in  an  area  that,  prior  to  such
    25  amendment, permitted only commercial use.
    26    A. Such land use action must encompass an area of at least one hundred
    27  acres.
    28    B.  Such  land use action shall not include any measure that makes the
    29  development of residential housing economically  infeasible,  including,
    30  but  not limited to, unduly restrictive height limits, excessive yard or
    31  open space requirements, the imposition of minimum or maximum unit  size
    32  limits,  or  restrictions  on  the total number of permitted residential
    33  dwelling units within a residential housing project based on lot size or
    34  other criteria other than the aggregate density.
    35    C. Such land use action shall permit commercial uses on  a  reasonable
    36  percentage of the lots impacted by the amendment with the goal of grant-
    37  ing  residents  access  to amenities, goods, and services within walking
    38  distance of their residences.
    39    (ii) Any amendment undertaken pursuant  to  this  paragraph  shall  be
    40  exempt  from  any  environmental review requirements pursuant to article
    41  eight of the environmental conservation law  and  any  rules  and  regu-
    42  lations  promulgated  pursuant thereto, and any substantially equivalent
    43  local law, regulation or rule to  article  eight  of  the  environmental
    44  conservation  law, including, but not limited to, in a city with a popu-
    45  lation greater than  one  million  people,  city  environmental  quality
    46  review.
    47    (iii)  Any  proposed  project  that  provides  residential housing and
    48  complies with land use requirements, after such  land  use  requirements
    49  have  been  amended  pursuant  to  this  paragraph, shall be exempt from
    50  review requirements pursuant  to  article  eight  of  the  environmental
    51  conservation  law  and  any  rules  and regulations promulgated pursuant
    52  thereto, and any substantially equivalent local law, regulation or  rule
    53  to  article  eight of the environmental conservation law, including, but
    54  not limited to, in a city with a population  greater  than  one  million
    55  people, city environmental quality review.

        S. 4006                            53                            A. 3006
 
     1    (iv)  Any  project that provides residential housing and complies with
     2  applicable land use requirements, after such land use requirements  have
     3  been amended pursuant to this paragraph, shall be buildable as of right,
     4  and any project specific review relating to such project shall:
     5    A. be completed with written approval or denial being delivered to the
     6  applying  party  within one hundred twenty days of the application being
     7  submitted; and
     8    B. be limited to a review of the following:
     9    (1) the capacity of local infrastructure to provide adequate  drinking
    10  water and wastewater services to the proposed project;
    11    (2)  the  capacity of local infrastructure to provide adequate utility
    12  services to the proposed project; and
    13    (3) the aesthetics of the proposed project, provided that any aesthet-
    14  ic review must be based on published objective standards. If  no  objec-
    15  tive  standards  are  published, no project specific review may consider
    16  aesthetics. Provided further that no aesthetic requirements may increase
    17  the cost of a project to make  such  project  as  proposed  economically
    18  infeasible.
    19    C.  unless specifically set forth by this paragraph, nothing set forth
    20  in this subparagraph shall be interpreted to override or otherwise waive
    21  any permitting required pursuant to  state  or  federal  laws  or  regu-
    22  lations.
    23    §  1004.  Local procedures outside of safe harbor/general appeal proc-
    24  ess. Effective January first, two thousand twenty-seven, when a locality
    25  is not in safe harbor:
    26    1. An applicant may propose a qualifying  project  to  a  lead  agency
    27  equivalent,  regardless  of whether the qualifying project complies with
    28  the land use requirements applicable to the site  where  the  qualifying
    29  project  is  proposed.  No  lead agency equivalent may reject a proposed
    30  qualifying project due to such project failing to comply with  the  land
    31  use  requirements  on the site where the qualifying project is proposed,
    32  unless such qualifying project is not located  on  previously  disturbed
    33  land.
    34    2. The lead agency equivalent must approve or deny the application for
    35  the  qualifying  project  within one hundred twenty days if the proposed
    36  qualifying project contains at least ten residential dwelling units  but
    37  less than one hundred residential dwelling units, and within one hundred
    38  eighty  days  if the proposed qualifying project contains one hundred or
    39  more residential dwelling units. Failure to approve or deny an  applica-
    40  tion  within  the  time  periods  specified in this subdivision shall be
    41  deemed to be a constructive denial, provided further that the imposition
    42  of conditions on the project by the lead agency equivalent  that  render
    43  the project economically infeasible shall be deemed to be a constructive
    44  denial,  and  subject  to  appeal  pursuant to this section, section one
    45  thousand five or section one thousand six of this article.
    46    3. Any project  specific  review  related  to  a  proposed  qualifying
    47  project  shall  be  exempt  from review requirements pursuant to article
    48  eight of the environmental conservation law  and  any  rules  and  regu-
    49  lations  promulgated  pursuant thereto, and any substantially equivalent
    50  local law, regulation or rule to  article  eight  of  the  environmental
    51  conservation  law, including, but not limited to, in a city with a popu-
    52  lation of one million or more, city environmental  quality  review,  and
    53  shall be limited to a review of the following:
    54    a.  The  capacity of local infrastructure to provide adequate drinking
    55  water and wastewater services to the proposed project;

        S. 4006                            54                            A. 3006
 
     1    b. The capacity of local infrastructure to  provide  adequate  utility
     2  services to the proposed project; and
     3    c. The aesthetics of the proposed project, provided that any aesthetic
     4  review  must  be based on published objective standards. If no objective
     5  standards  are  published,  no  project  specific  review  may  consider
     6  aesthetics. Provided further that no aesthetic requirements may increase
     7  the  cost  of  a  project  to make such project as proposed economically
     8  infeasible.
     9    Nothing set forth in this subdivision shall be interpreted to override
    10  or otherwise waive any permitting required pursuant to state or  federal
    11  laws or regulations, unless specifically set forth in this article.
    12    4.  Any  denial  of an application must be accompanied by the specific
    13  reasons for the denial set forth in writing.
    14    5. When an applicant is denied permission to proceed with a qualifying
    15  project, the applicant may file an appeal  of  the  denial  pursuant  to
    16  section  one  thousand  five  or one thousand six of this article within
    17  sixty days of the denial. An applicant may only file one such appeal per
    18  qualifying project and may only file  either  pursuant  to  section  one
    19  thousand five or one thousand six.
    20    §  1005.  Housing review board. 1. Structure and powers of the housing
    21  review board.
    22    a. There is hereby established, within the division, a housing  review
    23  board, to effectuate the provisions of this article.
    24    b.  The  housing  review  board  shall consist of five members.  Three
    25  members shall  be  appointed  by  the  governor,  one  member  shall  be
    26  appointed  by  the  speaker  of  the  assembly,  and one member shall be
    27  appointed by the temporary president of the senate.  The  board  members
    28  shall  serve  five year terms, and shall only be relieved for cause. Any
    29  vacancies on the board shall be filled within a reasonable  time  period
    30  by  the official who appointed the board member whose absence has caused
    31  the vacancy.
    32    c. The housing review board shall have the power and duties to conduct
    33  hearings, take oaths, issue orders, and otherwise perform  any  function
    34  necessary  to operate in conformity with the provisions of this article.
    35  The powers of the housing review board shall include, but not be limited
    36  to, the powers granted to the commissioner of housing by subdivision one
    37  of section fourteen of the public housing law, and the statutes,  rules,
    38  regulations  and other documents governing the administration of housing
    39  by the division of homes and community renewal.
    40    d. The division shall provide any administrative  and  staff  support,
    41  including, but not limited to, administrative law judges, to the housing
    42  review   board   necessary  for  the  effective  implementation  of  the
    43  provisions of this article.
    44    e. If the division determines that a locality does or does not qualify
    45  for safe harbor, the housing review  board,  or  any  court  hearing  an
    46  appeal  related to such locality shall take judicial notice of the divi-
    47  sion's determination. If the division has not issued a determination  as
    48  to  whether  a  locality is in safe harbor based on the three-year cycle
    49  that was completed immediately prior to the applicable three-year cycle,
    50  and such a determination is necessary to adjudicate an appeal before the
    51  housing review board or a court, such housing review board or court  may
    52  make  such  a determination that applies only to the application pending
    53  before the housing review board or the court, provided further, however,
    54  that if the housing review board or a court makes a determination that a
    55  locality is in  safe  harbor  as  a  result  of  the  locality  enacting
    56  preferred  actions  pursuant to subdivision four of section one thousand

        S. 4006                            55                            A. 3006
 
     1  three of this article, such determination shall  be  applied  to  future
     2  proceedings  pursuant  to  this  section and section one thousand six of
     3  this article for the remainder of the three-year cycle  for  which  such
     4  determination was made. The division, at its discretion, may take notice
     5  of  such  determination and the facts underlying such determination, and
     6  issue its own determination as to the application of  safe  harbor  that
     7  would  be  applied  to all further appeals relating to such locality for
     8  the duration that safe harbor applies.
     9    2. Appeals before the housing review board. a.  Beginning  on  January
    10  first, two thousand twenty-seven, any applicant whose application relat-
    11  ing  to  a  qualifying project is denied by a lead agency equivalent may
    12  appeal such denial to the housing review board within sixty days of  the
    13  issuance of the denial.
    14    b.  If  an  appeal  is brought before the housing review board and the
    15  division has already determined that the locality at issue  is  in  safe
    16  harbor  for  the  applicable  three-year cycle, then the appeal shall be
    17  denied and the determination by the  lead  agency  equivalent  shall  be
    18  maintained. If no determination has been made as to whether the locality
    19  is in safe harbor, the housing review board shall determine as a thresh-
    20  old issue whether such locality is in safe harbor.
    21    c. If a locality is found to not be in safe harbor, the housing review
    22  board  shall  issue a determination as to whether the lead agency equiv-
    23  alent properly denied the application at issue in the appeal pursuant to
    24  the requirements set forth in section one thousand four of this article.
    25    d. In issuing a determination, the housing review board may:
    26    (i) remand the proceeding to the lead  agency  equivalent  and  direct
    27  such  lead agency equivalent to issue a comprehensive permit or approval
    28  to the applicant;
    29    (ii) deny the appeal and uphold the lead agency equivalent's denial of
    30  the application; or
    31    (iii) remand the proceeding to the lead agency equivalent  and  direct
    32  such  lead  agency  equivalent to consider the application as amended to
    33  address any legitimate concerns raised by the  lead  agency  equivalent.
    34  The  housing  review  board  may require that the lead agency equivalent
    35  consider any such amended application on an expedited basis.
    36    e. In considering the denial of an  application,  the  housing  review
    37  board  may  only  consider  the reasons for the denial given by the lead
    38  agency equivalent at the time the application was denied.
    39    f. Once a determination has been issued by the housing  review  board,
    40  such  determination  may be appealed within sixty days to an administra-
    41  tive law judge designated to hear such matters. Any determination issued
    42  by an administrative law judge shall be considered to be a final  agency
    43  determination  and  may be appealed pursuant to article seventy-eight of
    44  the civil practice law and rules.
    45    3. Burden of proof before the housing review board. a.  (i)  During  a
    46  proceeding  before  the  housing review board, the locality which denied
    47  the permit for the qualifying project shall initially carry  the  burden
    48  of  proof to demonstrate, based upon clear and convincing evidence, that
    49  the permit was properly denied pursuant to one or more  of  the  reasons
    50  set  forth  in  subdivision  three  of section one thousand four of this
    51  article, that the locality is in safe harbor, or  that  the  project  at
    52  issue is not a qualifying project.
    53    (ii)  Notwithstanding  any other provision in this article, a locality
    54  that is not in safe harbor may raise as an affirmative defense that  the
    55  amount  of  eligible residential dwelling units, as weighted pursuant to
    56  subdivision three  of  section  one  thousand  three  of  this  article,

        S. 4006                            56                            A. 3006
 
     1  constructed  in  the three-year cycle during which the appeal was filed,
     2  combined  with  the  amount  of  eligible  residential  dwelling   units
     3  constructed  in  the three-year cycle immediately preceding the cycle in
     4  which the appeal was filed, constitute an amount of eligible residential
     5  dwelling  units  to  qualify the locality for safe harbor for the three-
     6  year cycle in which the appeal was filed.  Provided, further that eligi-
     7  ble residential dwelling units shall only be credited for one three-year
     8  cycle, regardless of when such dwelling units were permitted  or  built.
     9  Such  defense must be demonstrated by clear and convincing evidence, and
    10  must be substantiated  by  documentation  such  as  temporary  or  final
    11  certificates  of  occupancy  for  the housing. If the locality meets the
    12  burden set forth in this paragraph, unless  the  applicant  successfully
    13  rebuts  the  evidence  or reasons for rejection provided by the locality
    14  pursuant to paragraph b of this  subdivision,  such  locality  shall  be
    15  deemed to be in safe harbor for the remainder of the three-year cycle in
    16  effect  at the time the appeal was filed, effective the date such deter-
    17  mination is made.
    18    b. If the locality meets the burden set forth in paragraph a  of  this
    19  subdivision,  the  applicant  shall be given an opportunity to rebut the
    20  evidence and reasons for rejection provided by the locality.
    21    c. If the division issues a determination as to whether a locality  is
    22  in  safe  harbor, the housing review board and administrative law judges
    23  shall take notice of such determination. If no  such  determination  has
    24  been issued by the division, except as provided in paragraph e of subdi-
    25  vision  one of this section, the housing review board and administrative
    26  law judges may make a determination as to whether a locality is in  safe
    27  harbor,  based  on  the  three-year cycle that was completed immediately
    28  prior to the applicable three-year cycle, solely  for  the  purposes  of
    29  issuing a determination regarding the application that is the subject of
    30  the appeal being considered.
    31    4.  Costs  shall  not  be allowed against the local government and the
    32  officer or officers whose failure or refusal gave rise  to  the  special
    33  proceeding,  unless  it shall appear to the court that the local govern-
    34  ment and its officers acted with gross negligence or  in  bad  faith  or
    35  with malice.
    36    §  1006.  Land  use appeals before the supreme court. 1. Judges of the
    37  supreme court that are specially designated as land use  judges  by  the
    38  chief  administrator  of  the  courts shall hear land use appeals.  Such
    39  judges shall be selected from a list of qualified candidates as  created
    40  by  the  land  use advisory council.  Only such land use judges shall be
    41  empowered to adjudicate land use appeals pursuant to this section  aris-
    42  ing  anywhere  in  the  State of New York, regardless of what county the
    43  judge serves in over the course of their normal duties.
    44    2. There shall be established a land use advisory  council.    a.  The
    45  land  use  advisory  council  shall  be  composed of five members. Three
    46  members shall  be  appointed  by  the  governor,  one  member  shall  be
    47  appointed  by  the  speaker  of  the  assembly,  and one member shall be
    48  appointed by the temporary president of the senate.  The  members  shall
    49  serve  five year terms, and shall only be relieved for cause. Any vacan-
    50  cies on the council shall be filled within a reasonable time  period  by
    51  the  official  who  appointed  the  member  whose absence has caused the
    52  vacancy.
    53    b. The land use advisory council shall meet  at  least  four  times  a
    54  year,  and on such additional occasions as they may require or as may be
    55  required by the administrative judge. Members shall receive  no  compen-
    56  sation.

        S. 4006                            57                            A. 3006
 
     1    c. The land use advisory council shall publish a list of supreme court
     2  judges  qualified to hear land use appeals based on training, experience
     3  and judicial temperament.
     4    3. Appeals before a land use judge. a. Beginning on January first, two
     5  thousand  twenty-seven,  any  applicant  whose  application related to a
     6  qualifying project is denied by a lead agency equivalent may appeal such
     7  denial before a land use judge designated pursuant to  this  section  in
     8  supreme court. The applicant shall choose the forum in which to file the
     9  appeal.
    10    b. If an appeal is brought before such land use judge and the division
    11  has  already determined that the locality at issue is in safe harbor for
    12  the applicable three-year cycle, then the appeal shall be denied and the
    13  determination by the lead agency equivalent shall be maintained.  If  no
    14  determination  has  been  made  as  to  whether  the locality is in safe
    15  harbor, such land use judge shall determine as a threshold issue whether
    16  such locality is in safe harbor based on the three-year cycle  that  was
    17  completed immediately prior to the applicable three-year cycle.
    18    c.  If  a  locality  is  found to not be in safe harbor, such land use
    19  judge shall issue a determination as to whether the lead  agency  equiv-
    20  alent properly denied the application at issue in the appeal pursuant to
    21  the requirements set forth in section one thousand four of this article.
    22    d. In issuing a determination, such land use judge may:
    23    (i)  remand  the  proceeding  to the lead agency equivalent and direct
    24  such lead agency equivalent to issue a comprehensive permit or  approval
    25  to the applicant;
    26    (ii) deny the appeal and uphold the lead agency equivalent's denial of
    27  the application; or
    28    (iii)  remand  the proceeding to the lead agency equivalent and direct
    29  such lead agency equivalent to consider the application  as  amended  to
    30  address  any  legitimate  concerns raised by the lead agency equivalent.
    31  Such land use judge may require that the lead agency equivalent consider
    32  any such amended application on an expedited basis.
    33    e. In considering the denial of an application, such  land  use  judge
    34  may  only  consider  the reasons for the denial given by the lead agency
    35  equivalent at the time the application was denied.
    36    4. Burden of proof before a court. a. (i) During a proceeding before a
    37  land use judge designated pursuant to this section, the  locality  which
    38  denied  the  permit for the qualifying project shall initially carry the
    39  burden  of  proof  to  demonstrate,  based  upon  clear  and  convincing
    40  evidence,  that the permits were properly denied pursuant to one or more
    41  of the reasons set forth in subdivision three of  section  one  thousand
    42  four  of  this article, that the locality is in safe harbor, or that the
    43  project at issue is not a qualifying project.
    44    (ii) Notwithstanding any other provision in this article,  a  locality
    45  that  is not in safe harbor may raise as an affirmative defense that the
    46  amount of eligible residential dwelling units, as weighted  pursuant  to
    47  subdivision  three  of  section  one  thousand  three  of  this article,
    48  constructed in the three-year cycle during which the appeal  was  filed,
    49  combined   with  the  amount  of  eligible  residential  dwelling  units
    50  constructed in the three-year cycle immediately preceding the  cycle  in
    51  which the appeal was filed, constitute an amount of eligible residential
    52  dwelling  units  needed  to qualify the locality for safe harbor for the
    53  three-year cycle in which the appeal was filed. Provided, further,  that
    54  eligible  residential  dwelling  units  shall  only  be credited for one
    55  three-year cycle, regardless of when such dwelling units were  permitted
    56  or  built.    Such  defense must be demonstrated by clear and convincing

        S. 4006                            58                            A. 3006
 
     1  evidence, and must be substantiated by documentation such  as  temporary
     2  or  final  certificates  of  occupancy  for the housing. If the locality
     3  meets the burden set forth  in  this  paragraph,  unless  the  applicant
     4  successfully  rebuts  the  evidence or reasons for rejection provided by
     5  the locality pursuant to paragraph b of this subdivision, such  locality
     6  shall be deemed to be in safe harbor for the remainder of the three-year
     7  cycle  in  effect  at  the time the appeal was filed, effective the date
     8  such determination is made.
     9    b. If the locality meets the burden set forth in paragraph a  of  this
    10  subdivision,  the  applicant  shall be given an opportunity to rebut the
    11  evidence and reasons for rejection provided by the locality.
    12    c. If the division issues a determination as to whether a locality  is
    13  in  safe  harbor, such land use judge shall take notice of such determi-
    14  nation. If no such determination has been issued by the division, except
    15  as provided in paragraph e of subdivision one of  section  one  thousand
    16  five of this article, such land use judge may make a determination as to
    17  whether a locality is in safe harbor, based on the three-year cycle that
    18  was  completed  immediately  prior  to  the applicable three-year cycle,
    19  solely for the purposes of issuing a determination regarding the  appli-
    20  cation that is the subject of the appeal being considered.
    21    5.  Any  final order issued by a land use judge designated pursuant to
    22  this section shall be appealed in a manner  consistent  with  the  civil
    23  practice law and rules.
    24    6.  The  chief  administrator  of the court shall promulgate rules and
    25  regulations to carry out the mandate of this section.
    26    7. Costs shall not be allowed against the  local  government  and  the
    27  officer  or  officers  whose failure or refusal gave rise to the special
    28  proceeding, unless it shall appear to the court that the  local  govern-
    29  ment  and  its  officers  acted with gross negligence or in bad faith or
    30  with malice.
    31    8. Employees and agents of localities may only be sued in their  offi-
    32  cial capacity for non-compliance with this article.
    33    §  3.  Section 14 of the public housing law is amended by adding a new
    34  subdivision 8 to read as follows:
    35    8. The division shall have the authority  to  promulgate  regulations,
    36  rules and policies related to land use by cities, towns, and villages as
    37  it relates to the development of housing, including, but not limited to,
    38  the  administration  and  enforcement  of  article twenty of the general
    39  municipal law, the Transit-Oriented Development Act of 2023, and section
    40  twenty-a of the public housing law.  Such  enforcement  authority  shall
    41  include, but not be limited to, all of the powers granted by subdivision
    42  one  of this section, in addition to the statutes, rules, regulation and
    43  other documents regarding the authority  of  the  division,  and,  where
    44  applicable,  the power to issue orders and administer funding and grants
    45  to localities to assist with land use planning.
    46    § 4. Severability. In the event it is determined by a court of  compe-
    47  tent  jurisdiction that any phrase, clause, part, subdivision, paragraph
    48  or subsection, or any of the provisions of this article  is  unconstitu-
    49  tional or otherwise invalid or inoperative, such determination shall not
    50  affect  the validity or effect of the remaining provisions of this arti-
    51  cle.
    52    § 5. This act shall take effect immediately.
 
    53                                   PART G

        S. 4006                            59                            A. 3006
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "transit-oriented development act of 2023".
     3    §  2.  Legislative  findings and statement of purpose. The legislature
     4  hereby finds, determines and declares:
     5    New York State has a vital interest in reducing harmful greenhouse gas
     6  emissions. New York State further recognizes that encouraging and facil-
     7  itating use of rail-based mass transit is a valuable method for reducing
     8  greenhouse gas emissions. New York State further recognizes that  creat-
     9  ing  walkable living environments with a variety of housing options near
    10  rail-based mass transit not only advances the goal  of  encouraging  the
    11  use  of  rail-based  mass  transit, but also promotes local and regional
    12  economic development.
    13    Housing in the state of New York is among the most  expensive  in  the
    14  nation and housing insecurity remains a problem for many low- and moder-
    15  ate-income families. The excessive cost of the state's housing supply is
    16  partially caused by a lack of housing near public transit access points.
    17  This  lack  of  available  housing  is especially pronounced in well-re-
    18  sourced municipalities and neighborhoods with  access  to  jobs,  educa-
    19  tional  resources,  and  health  infrastructure that engender social and
    20  economic mobility.
    21    Many local governments do not give adequate attention to  or  planning
    22  for  the  local and broader regional economic, environmental, and social
    23  costs of local policies and actions that have the effect  of  stagnating
    24  or  reducing  the supply of housing, including affordable and supportive
    25  housing, or how such policies and actions thereby produce threats to the
    26  public health, safety, and general welfare.
    27    Increasing the supply of housing in close proximity to  rail  stations
    28  is  a matter of state concern and critical to promoting housing afforda-
    29  bility, reducing housing insecurity, driving economic growth,  encourag-
    30  ing  social  and  economic  mobility,  and  actualizing the goals of the
    31  Climate Leadership and Community Protection Act.
    32    A public policy purpose would be  served  and  the  interests  of  the
    33  people  of  the  state would be advanced by requiring local planning and
    34  zoning changes that will facilitate the production of multifamily  hous-
    35  ing in areas near rail stations.
    36    §  3.  The general city law is amended by adding a new section 20-h to
    37  read as follows:
    38    § 20-h. Density of residential dwellings  near  transit  stations.  1.
    39  Definitions. As used in this section, the following terms shall have the
    40  following meanings:
    41    (a)  "Aggregate  density  requirement"  shall be defined as a required
    42  minimum average density of residential dwellings per acre across a tran-
    43  sit-oriented development zone, provided that exempt land  shall  not  be
    44  included  in the calculation to determine the aggregate density require-
    45  ment. Provided further that:
    46    (i) Within a tier 1 transit-oriented development  zone,  the  required
    47  minimum average density shall be fifty residential dwellings per acre;
    48    (ii)  Within  a tier 2 transit-oriented development zone, the required
    49  minimum average density shall be thirty residential dwellings per acre;
    50    (iii) Within a tier 3 transit-oriented development zone, the  required
    51  minimum  average density shall be twenty residential dwellings per acre;
    52  and
    53    (iv) Within a tier 4 transit-oriented development zone,  the  required
    54  minimum average density shall be fifteen residential dwellings per acre.

        S. 4006                            60                            A. 3006
 
     1    (b)  "Amendment" shall be defined as any local legislative, executive,
     2  or administrative change made to a city's local land use tools  pursuant
     3  to subdivision two of this section.
     4    (c)  "Economically  infeasible" shall mean any condition brought about
     5  by any single factor or combination of factors to  the  extent  that  it
     6  makes  it  substantially  unlikely for an owner to proceed in building a
     7  residential housing project and still realize  a  reasonable  return  in
     8  building  or  operating  such housing without substantially changing the
     9  rent levels, unit sizes, or unit counts proposed by the owner.
    10    (d) "Exempt land" shall be defined as non-buildable land,  cemeteries,
    11  mapped or dedicated parks, registered historic sites, and highways.
    12    (e) "Highways" shall be defined as a vehicle road designated and iden-
    13  tified  pursuant  to  the  New  York state or federal interstate highway
    14  system.
    15    (f) "Lead agency equivalent" shall be defined as any  city  or  common
    16  council  or  other  legislative body of the city, planning board, zoning
    17  board of appeals, planning division, planning commission, board of stan-
    18  dards and appeals, board of zoning appeals, or any official or employee,
    19  or any other agency, department, board, body, or other entity in a  city
    20  with  the  authority to approve or disapprove of any specific project or
    21  amendment to any local land use tools as defined herein.
    22    (g) "Local land use tools" shall be  adopted  or  enacted  under  this
    23  chapter,  the  municipal home rule law, or any general, special or other
    24  law pertaining to land use, and shall include but not be  limited  to  a
    25  city's:
    26    (i) written or other comprehensive plan or plans;
    27    (ii) zoning ordinance, local laws, resolutions or regulations;
    28    (iii)  special use permit, special exception permit, or special permit
    29  ordinance, local laws, resolutions or regulations;
    30    (iv) subdivision ordinance, local laws, resolutions, or regulations;
    31    (v) site plan review  ordinance,  local  laws,  resolutions  or  regu-
    32  lations; and/or
    33    (vi)  policies  or  procedures, or any planning, zoning, or other land
    34  use regulatory tool that controls or establishes standards for  the  use
    35  and  occupancy  of  land,  the area and dimensional requirements for the
    36  development of land or the intensity of such development.
    37    (h) "Mapped or dedicated parks" shall be defined as:
    38    (i) any land designated on an official map established  as  authorized
    39  by  law  or  depicted  on  another  map  adopted or enacted by the local
    40  governing board as a publicly accessible space designated  for  park  or
    41  recreational use on or before the effective date of this section; or
    42    (ii)  any  parkland expressly or impliedly dedicated to park or recre-
    43  ational use on or before the effective date of this section.
    44    (i) "Non-buildable land" shall be defined as any land that  cannot  be
    45  built upon without significant alterations to the natural terrain needed
    46  to  make  such land suitable for construction, including but not limited
    47  to rivers and streams, freshwater and tidal wetlands, marshlands,  coas-
    48  tal  erosion  hazard  areas, one-hundred-year flood plain, and protected
    49  forests. No land that has previously had a building  or  other  improve-
    50  ment, including but not limited to parking lots, constructed on it shall
    51  be considered non-buildable land.
    52    (j)  "Objective  standards" shall be defined as standards that involve
    53  no personal or subjective judgment by a public official or employee  and
    54  are  uniformly  verifiable  by  reference  to  a  publicly available and
    55  uniform benchmark or criterion available and knowable by both the devel-

        S. 4006                            61                            A. 3006
 
     1  opment applicant and the public official or employee before submittal of
     2  a land use application to locate and develop residential dwellings.
     3    (k)  "Project  specific  review"  shall  be  defined  as any review or
     4  approval process related to a specific site, or to a  proposed  develop-
     5  ment  or  an  application, regardless of the number of sites, including,
     6  but not limited to, variance, waiver, special permit, site  plan  review
     7  or subdivision review.
     8    (l)  "Qualifying  project" shall be defined as a proposed project that
     9  consists primarily of residential dwellings that is or will  be  located
    10  within  a  transit-oriented development zone and which will be connected
    11  to publicly-owned water and sewage systems.
    12    (m) "Registered historic sites" shall be defined as sites,  districts,
    13  structures,  landmarks,  or  buildings  listed  on the state register of
    14  historic places as of the effective date of this section.
    15    (n) "Residential dwellings" shall be defined as any building or struc-
    16  ture or portion thereof which is legally occupied in whole or in part as
    17  the home, residence or sleeping place  of  one  or  more  human  beings,
    18  however  the  term  does  not  include any class B multiple dwellings as
    19  defined in section four of the multiple dwelling law or housing that  is
    20  intended to be used on a seasonal basis.
    21    (o)  "Residential zone" shall be defined as any land within a transit-
    22  oriented development zone wherein residential dwellings are permitted as
    23  of the effective date of this section.
    24    (p) "Transit-oriented development review process" is  the  process  by
    25  which  all  project  specific  reviews in a transit-oriented development
    26  zone and all other land use actions undertaken pursuant to this  section
    27  shall be reviewed, which shall:
    28    (i)  Be  completed  with  approval or denial delivered to the applying
    29  party within one hundred twenty days of the application being submitted;
    30  and
    31    (ii) Be limited to a review of the following:
    32    (A) The capacity of local infrastructure to provide adequate  drinking
    33  water and wastewater services to the proposed project;
    34    (B)  The  capacity of local infrastructure to provide adequate utility
    35  services to the proposed project; and
    36    (C) The aesthetics of the proposed project, provided that any aesthet-
    37  ic review must be based on published objective standards. If  no  objec-
    38  tive  standards  are  published,  no transit-oriented development review
    39  process may consider aesthetics, and provided further that no  aesthetic
    40  requirements  shall  increase  the  cost of a qualifying project to make
    41  such project as proposed economically infeasible.
    42    All proposed actions subject to review pursuant to a  transit-oriented
    43  development review process shall be exempt from any environmental review
    44  requirements pursuant to article eight of the environmental conservation
    45  law  and  any  rules  and regulations promulgated thereto, and any local
    46  equivalent law, regulation or rule, including, but not  limited  to,  in
    47  the  city  of  New  York,  city  environmental  quality review. Provided
    48  further that nothing set forth in this paragraph shall be interpreted to
    49  override or otherwise waive any permitting required pursuant to state or
    50  federal laws or regulations, unless specifically set forth herein.
    51    (q) "Tier 1 qualifying transit station" shall be defined as  any  rail
    52  station, including subway stations, within the state of New York that is
    53  not  operated  on an exclusively seasonal basis and that is owned, oper-
    54  ated or otherwise served by metro-north railroad, the Long Island  rail-
    55  road,  the  port  authority  of  New York and New Jersey, the New Jersey
    56  transit corporation, the New York city transit authority, or the  metro-

        S. 4006                            62                            A. 3006
 
     1  politan  transportation  authority  where any portion of such station is
     2  located either within a city with  a  population  of  greater  than  one
     3  million people, or no more than fifteen miles from the nearest border of
     4  a city with a population of greater than one million people, as measured
     5  on a straight line from such city's nearest border to such rail station.
     6    (r)  "Tier  2 qualifying transit station" shall be defined as any rail
     7  station, including subway stations, within the state of New York that is
     8  not operated on an exclusively seasonal basis and that is  owned,  oper-
     9  ated  or otherwise served by metro-north railroad, the Long Island rail-
    10  road, the port authority of New York and  New  Jersey,  the  New  Jersey
    11  transit  corporation, the New York city transit authority, or the metro-
    12  politan transportation authority where any portion of  such  station  is
    13  located more than fifteen and no more than thirty miles from the nearest
    14  border  of  a city with a population of greater than one million people,
    15  as measured on a straight line from such city's nearest border  to  such
    16  rail station.
    17    (s)  "Tier  3 qualifying transit station" shall be defined as any rail
    18  station, including subway stations, within the state of New York that is
    19  not operated on an exclusively seasonal basis and that is  owned,  oper-
    20  ated  or otherwise served by metro-north railroad, the Long Island rail-
    21  road, the port authority of New York and  New  Jersey,  the  New  Jersey
    22  transit  corporation, the New York city transit authority, or the metro-
    23  politan transportation authority where any portion of  such  station  is
    24  located  more  than thirty and no more than fifty miles from the nearest
    25  border of a city with a population of greater than one  million  people,
    26  as  measured  on a straight line from such city's nearest border to such
    27  rail station.
    28    (t) "Tier 4 qualifying transit station" shall be defined as  any  rail
    29  station, including subway stations, within the state of New York that is
    30  not  operated  on an exclusively seasonal basis and that is owned, oper-
    31  ated or otherwise served by metro-north railroad, the Long Island  rail-
    32  road,  the  port  authority  of  New York and New Jersey, the New Jersey
    33  transit corporation, the New York city transit authority, or the  metro-
    34  politan  transportation  authority where the entirety of such station is
    35  located more than fifty miles from the nearest border of a city  with  a
    36  population of greater than one million people, as measured on a straight
    37  line from such city's nearest border to such rail station.
    38    (u) "Tier 1 transit-oriented development zone" shall be defined as any
    39  land,  other  than exempt land, located within a one-half mile radius of
    40  any publicly accessible areas of a tier 1  qualifying  transit  station,
    41  provided that such publicly accessible areas include, but are not limit-
    42  ed  to,  platforms, ticketing areas, waiting areas, entrances and exits,
    43  and parking lots or parking structures that provide parking for  custom-
    44  ers  of  such tier 1 qualifying transit stations, and are appurtenant to
    45  such tier 1 qualifying transit stations, regardless of the ownership  of
    46  such  parking structures or facilities, as of the effective date of this
    47  section. Provided further that any tier  1  qualifying  transit  station
    48  shall  be considered to be part of such tier 1 transit-oriented develop-
    49  ment zone.
    50    (v) "Tier 2 transit-oriented development zone" shall be defined as any
    51  land, other than exempt land, located within a one-half mile  radius  of
    52  any  publicly  accessible  areas of a tier 2 qualifying transit station,
    53  provided that such publicly accessible areas include, but are not limit-
    54  ed to, platforms, ticketing areas, waiting areas, entrances  and  exits,
    55  and  parking lots or parking structures that provide parking for custom-
    56  ers of such tier 2 qualifying transit stations, and are  appurtenant  to

        S. 4006                            63                            A. 3006
 
     1  such  tier 2 qualifying transit stations, regardless of the ownership of
     2  such parking structures or facilities, as of the effective date of  this
     3  section.  Provided  further  that  any tier 2 qualifying transit station
     4  shall  be considered to be part of such tier 2 transit-oriented develop-
     5  ment zone.
     6    (w) "Tier 3 transit-oriented development zone" shall be defined as any
     7  land, other than exempt land, located within a one-half mile  radius  of
     8  any  publicly  accessible  areas of a tier 3 qualifying transit station,
     9  provided that such publicly accessible areas include, but are not limit-
    10  ed to, platforms, ticketing areas, waiting areas, entrances  and  exits,
    11  and  parking lots or parking structures that provide parking for custom-
    12  ers of such tier 3 qualifying transit stations, and are  appurtenant  to
    13  such  tier 3 qualifying transit stations, regardless of the ownership of
    14  such parking structures or facilities, as of the effective date of  this
    15  section.  Provided  further  that  any tier 3 qualifying transit station
    16  shall be considered to be part of such tier 3 transit-oriented  develop-
    17  ment zone.
    18    (x) "Tier 4 transit-oriented development zone" shall be defined as any
    19  land,  other  than exempt land, located within a one-half mile radius of
    20  any publicly accessible areas of a tier 4  qualifying  transit  station,
    21  provided that such publicly accessible areas include, but are not limit-
    22  ed  to,  platforms, ticketing areas, waiting areas, entrances and exits,
    23  and parking lots or parking structures that provide parking for  custom-
    24  ers  of  such tier 4 qualifying transit stations, and are appurtenant to
    25  such tier 4 qualifying transit stations, regardless of the ownership  of
    26  such  parking structures or facilities, as of the effective date of this
    27  section. Provided further that any tier  4  qualifying  transit  station
    28  shall  be considered to be part of such tier 4 transit-oriented develop-
    29  ment zone.
    30    (y) "Transit-oriented development zone" shall refer to a tier 1 trans-
    31  it oriented development zone,  a  tier  2  transit-oriented  development
    32  zone,  a  tier 3 transit-oriented development zone, or a tier 4 transit-
    33  oriented development zone, as applicable.
    34    2. Amendment to local land use tools. (a)  A  city's  local  land  use
    35  tools  shall be amended to meet or exceed the aggregate density require-
    36  ment on or before the date that is three years subsequent to the  effec-
    37  tive  date  of this section unless such aggregate density requirement is
    38  permitted pursuant to a city's local land use  tools  without  requiring
    39  any amendment.
    40    (b)  Any amendment undertaken pursuant to paragraph (a) of this subdi-
    41  vision shall be exempt from any  review  required  pursuant  to  article
    42  eight  of  the  environmental  conservation  law and any rules and regu-
    43  lations promulgated thereto, and any local equivalent  law,  regulation,
    44  or  rule,  including,  but not limited to, in the city of New York, city
    45  environmental quality review, provided further that any amendment to the
    46  permissible use of non-buildable land shall be subject to  such  review,
    47  as applicable.
    48    (c) No amendment undertaken pursuant to paragraph (a) of this subdivi-
    49  sion  shall  create  or  otherwise  impose any unreasonable laws, rules,
    50  regulations, guidelines or restrictions  that  effectively  prevent  the
    51  construction  or  occupation  of qualifying projects, including, but not
    52  limited  to,  any  such  laws,   rules,   regulations,   guidelines   or
    53  restrictions governing lot coverage, open space, height, setbacks, floor
    54  area ratios, or parking requirements.

        S. 4006                            64                            A. 3006
 
     1    (d)  Prior to the finalization of the amendment undertaken pursuant to
     2  paragraph (a) of this subdivision, the lead agency equivalent shall  set
     3  forth in writing and publish:
     4    (i)  a description of the land that is part of the applicable transit-
     5  oriented development zone;
     6    (ii) a description of the land  that  is  exempt  from  the  aggregate
     7  density requirement;
     8    (iii)  a  description  of  any  exempt  land  that  would otherwise be
     9  included in the transit-oriented development zone;
    10    (iv) a specific description of the permissible land  uses  within  the
    11  applicable transit-oriented development zone prior to the amendment;
    12    (v) a specific description of the proposed permissible land uses with-
    13  in the applicable transit-oriented development zone following the amend-
    14  ment;
    15    (vi)  the  allowable  aggregate density, meaning the average allowable
    16  density within the  applicable  transit-oriented  development  zone,  of
    17  residential dwellings prior to the amendment;
    18    (vii)  the  allowable aggregate density, meaning the average allowable
    19  density within the  applicable  transit-oriented  development  zone,  of
    20  residential dwellings subsequent to the amendment;
    21    (viii) the capacity of the drinking water supply and wastewater treat-
    22  ment services, as applicable, to support the proposed increased residen-
    23  tial dwellings density contemplated by the amendment;
    24    (ix)  the capacity of local infrastructure to provide adequate utility
    25  services to support the proposed increased residential dwellings density
    26  contemplated by the amendment;
    27    (x) the existence of sites containing  or  contaminated  by  hazardous
    28  waste within the area contemplated by the amendment;
    29    (xi) any required stormwater runoff strategies or requirements contem-
    30  plated by the amendment; and
    31    (xii)  a  specific description of any land within the applicable tran-
    32  sit-oriented development zone located within the one-hundred-year  flood
    33  plain or where the depth to the water table is less than three feet.
    34    (e)  In the event that a city fails to finalize the amendment pursuant
    35  to and within the required time set  forth  in  paragraph  (a)  of  this
    36  subdivision,  and  until such time as a city comprehensively updates its
    37  local land use tools in compliance with paragraph (a) of  this  subdivi-
    38  sion, and notwithstanding the provisions of any general, special, local,
    39  or other law, including the common law, to the contrary:
    40    (i)  All  cities shall permit the construction and occupation of resi-
    41  dential dwellings with a density up  to  and  including  the  applicable
    42  aggregate density requirement in any residential zone;
    43    (ii)  No  city  shall impose restrictions that effectively prevent the
    44  construction or occupancy of such residential dwellings, including,  but
    45  not  limited  to,  any  such  restrictions related to lot coverage, open
    46  space, height, setbacks, floor area ratios, or parking requirements; and
    47    (iii) A project for residential dwellings, which  would  otherwise  be
    48  classified as a qualifying project if a city timely adopted an amendment
    49  pursuant to paragraph (a) of this subdivision and which is approved by a
    50  city  or  lead agency equivalent pursuant to a transit-oriented develop-
    51  ment review process prior to the date of the amendment, shall be  vested
    52  upon  the  issuance  of  a  building  permit in the event a subsequently
    53  enacted amendment or any updates to the land use tools are  contrary  to
    54  the  rights  granted  for  such  project. Such vested rights shall exist
    55  without the need  for  the  permit  holder  to  demonstrate  substantial
    56  expenditure  and  substantial construction in accordance with the permit

        S. 4006                            65                            A. 3006
 
     1  prior to the effective date of the amendment or any updates to the  land
     2  use tools.
     3    3.  Transit-oriented development review process. (a) In the event that
     4  a city fails to finalize  the  amendment  pursuant  to  and  within  the
     5  required  time  set  forth  in  paragraph (a) of subdivision two of this
     6  section, and until such time as a city comprehensively updates its local
     7  land use tools in compliance with paragraph (a) of  subdivision  two  of
     8  this section, any project specific review related to a proposed qualify-
     9  ing  project shall be reviewed pursuant to the transit-oriented develop-
    10  ment review process.
    11    (b) After the finalization of the  amendment  undertaken  pursuant  to
    12  paragraph  (a)  of subdivision two of this section, any project specific
    13  review related to a proposed qualifying project shall be reviewed pursu-
    14  ant to the transit-oriented development review process.
    15    4. Enforcement. (a) (i) The attorney general of the state of New  York
    16  may  commence an action in a court of appropriate jurisdiction to compel
    17  a city to amend its local land use tools in compliance with the require-
    18  ments set forth in subdivision two of this section if the city fails  to
    19  do so within the required timeframe set forth therein.
    20    (ii) A party may pursue a cause of action pursuant to paragraph (b) of
    21  this subdivision if such party is improperly denied permission by a lead
    22  agency  equivalent  to  build a qualifying project pursuant to paragraph
    23  (b) of subdivision three of this section.
    24    (b) (i) Upon a failure of a city to  comply  with  the  deadlines  set
    25  forth  in subdivision two of this section, or a lead agency equivalent's
    26  denial of any application submitted in relation to a qualifying  project
    27  in  violation of paragraph (a) of subdivision three of this section, any
    28  party aggrieved by any such failure or denial  may  commence  a  special
    29  proceeding  against  the  subject city or lead agency equivalent and the
    30  officers of such city and lead agency equivalent in  the  supreme  court
    31  within the judicial district in which the city or the greater portion of
    32  the  territory  of  such  city  is located to compel compliance with the
    33  provisions of this section.
    34    (ii) If, upon commencement of such proceeding, it shall appear to  the
    35  court  that  testimony  is  necessary  for the proper disposition of the
    36  matter, the court may take evidence and determine the matter.   Alterna-
    37  tively,  the  court  may  appoint  a hearing officer pursuant to article
    38  forty-three of the civil practice law and rules to take such evidence as
    39  it may direct and report the same to the court with  the  hearing  offi-
    40  cer's  findings of fact and conclusions of law, which shall constitute a
    41  part of the proceedings upon which the determination of the court  shall
    42  be made.
    43    (iii)  The  city  or lead agency equivalent must set forth the reasons
    44  for the denial of the application and  must  demonstrate  by  clear  and
    45  convincing  evidence  that the city or lead agency equivalent denied the
    46  application due to bona fide health and safety concerns, or pursuant  to
    47  the  transit-oriented  development review process that complies with the
    48  requirements of this section. If the  city  or  lead  agency  equivalent
    49  meets  such  burden,  the  applicant  shall  be given the opportunity to
    50  demonstrate that the concerns raised by the city or lead  agency  equiv-
    51  alent are pretextual or that such concerns can be addressed or mitigated
    52  by changes to the qualifying project.
    53    (iv)  The court may reverse or affirm, wholly or partly, or may modify
    54  the decision brought up for review. The court may  also  remand  to  the
    55  city  or lead agency equivalent to process or further consider an appli-

        S. 4006                            66                            A. 3006
 
     1  cation consistent with the terms of any order of the court, including on
     2  an expedited basis.
     3    (v)  Costs  shall  not be allowed against the city, lead agency equiv-
     4  alent, and the officer whose failure or refusal gave rise to the special
     5  proceeding, unless it shall appear to the  court  that  the  city,  lead
     6  agency equivalent, and its officers or employees acted with gross negli-
     7  gence, in bad faith, or with malice.
     8    §  4. The town law is amended by adding a new section 261-d to read as
     9  follows:
    10    § 261-d. Density of residential dwellings near  transit  stations.  1.
    11  Definitions. As used in this section, the following terms shall have the
    12  following meanings:
    13    (a)  "Aggregate  density  requirement"  shall be defined as a required
    14  minimum average density of residential dwellings per acre across a tran-
    15  sit-oriented development zone, provided that exempt land  shall  not  be
    16  included  in the calculation to determine the aggregate density require-
    17  ment. Provided further that:
    18    (i) Within a tier 1 transit-oriented development  zone,  the  required
    19  minimum average density shall be fifty residential dwellings per acre;
    20    (ii)  Within  a tier 2 transit-oriented development zone, the required
    21  minimum average density shall be thirty residential dwellings per acre;
    22    (iii) Within a tier 3 transit-oriented development zone, the  required
    23  minimum  average density shall be twenty residential dwellings per acre;
    24  and
    25    (iv) Within a tier 4 transit-oriented development zone,  the  required
    26  minimum average density shall be fifteen residential dwellings per acre.
    27    (b)  "Amendment" shall be defined as any local legislative, executive,
    28  or administrative change made to a town's local land use tools  pursuant
    29  to subdivision two of this section.
    30    (c)  "Economically  infeasible" shall mean any condition brought about
    31  by any single factor or combination of factors to  the  extent  that  it
    32  makes  it  substantially  unlikely for an owner to proceed in building a
    33  residential housing project and still realize  a  reasonable  return  in
    34  building  or  operating  such housing without substantially changing the
    35  rent levels, unit sizes, or unit counts proposed by the owner.
    36    (d) "Exempt land" shall be defined as non-buildable land,  cemeteries,
    37  mapped or dedicated parks, registered historic sites, and highways.
    38    (e) "Highways" shall be defined as a vehicle road designated and iden-
    39  tified  pursuant  to  the  New  York state or federal interstate highway
    40  system.
    41    (f) "Lead agency equivalent" shall be defined as any  town  or  common
    42  council  or  other  legislative body of the town, planning board, zoning
    43  board of appeals, planning division, planning commission, board of stan-
    44  dards and appeals, board of zoning appeals, or any official or employee,
    45  or any other agency, department, board, body, or other entity in a  town
    46  with  the  authority to approve or disapprove of any specific project or
    47  amendment to any local land use tools as defined herein.
    48    (g) "Local land use tools" shall be  adopted  or  enacted  under  this
    49  chapter,  the  municipal home rule law, or any general, special or other
    50  law pertaining to land use, and shall include but not be  limited  to  a
    51  town's:
    52    (i) written or other comprehensive plan or plans;
    53    (ii) zoning ordinance, local laws, resolutions or regulations;
    54    (iii)  special use permit, special exception permit, or special permit
    55  ordinance, local laws, resolutions or regulations;
    56    (iv) subdivision ordinance, local laws, resolutions or regulations;

        S. 4006                            67                            A. 3006
 
     1    (v) site plan review  ordinance,  local  laws,  resolutions  or  regu-
     2  lations; and/or
     3    (vi)  policies  or  procedures, or any planning, zoning, or other land
     4  use regulatory tool that controls or establishes standards for  the  use
     5  and  occupancy  of  land,  the area and dimensional requirements for the
     6  development of land or the intensity of such development.
     7    (h) "Mapped or dedicated parks" shall be defined as:
     8    (i) any land designated on an official map established  as  authorized
     9  by  law  or  depicted  on  another  map  adopted or enacted by the local
    10  governing board as a publicly accessible space designated  for  park  or
    11  recreational use on or before the effective date of this section; or
    12    (ii)  any  parkland expressly or impliedly dedicated to park or recre-
    13  ational use on or before the effective date of this section.
    14    (i) "Non-buildable land" shall be defined as any land that  cannot  be
    15  built upon without significant alterations to the natural terrain needed
    16  to  make  such land suitable for construction, including but not limited
    17  to rivers and streams, freshwater and tidal wetlands, marshlands,  coas-
    18  tal  erosion  hazard  areas, one-hundred-year flood plain, and protected
    19  forests. No land that has previously had a building  or  other  improve-
    20  ment, including but not limited to parking lots, constructed on it shall
    21  be considered non-buildable land.
    22    (j)  "Objective  standards" shall be defined as standards that involve
    23  no personal or subjective judgment by a public official or employee  and
    24  are  uniformly  verifiable  by  reference  to  a  publicly available and
    25  uniform benchmark or criterion available and knowable by both the devel-
    26  opment applicant and the public official or employee before submittal of
    27  a land use application to locate and develop residential dwellings.
    28    (k) "Project specific review"  shall  be  defined  as  any  review  or
    29  approval  process  related to a specific site, or to a proposed develop-
    30  ment or an application, regardless of the number  of  sites,  including,
    31  but  not  limited to, variance, waiver, special permit, site plan review
    32  or subdivision review.
    33    (l) "Qualifying project" shall be defined as a proposed  project  that
    34  consists  primarily  of residential dwellings that is or will be located
    35  within a transit-oriented development zone and which will  be  connected
    36  to publicly-owned water and sewage systems.
    37    (m)  "Registered historic sites" shall be defined as sites, districts,
    38  structures, landmarks, or buildings listed  on  the  state  register  of
    39  historic places as of the effective date of this section.
    40    (n) "Residential dwellings" shall be defined as any building or struc-
    41  ture or portion thereof which is legally occupied in whole or in part as
    42  the  home,  residence  or  sleeping  place  of one or more human beings,
    43  however the term does not include any  class  B  multiple  dwellings  as
    44  defined  in section four of the multiple dwelling law or housing that is
    45  intended to be used on a seasonal basis.
    46    (o) "Residential zone" shall be defined as any land within a  transit-
    47  oriented development zone wherein residential dwellings are permitted as
    48  of the effective date of this section.
    49    (p)  "Transit-oriented  development  review process" is the process by
    50  which all project specific reviews  in  a  transit-oriented  development
    51  zone  and all other land use actions undertaken pursuant to this section
    52  shall be reviewed, which shall:
    53    (i) Be completed with approval or denial  delivered  to  the  applying
    54  party within one hundred twenty days of the application being submitted;
    55  and
    56    (ii) Be limited to a review of the following:

        S. 4006                            68                            A. 3006
 
     1    (A)  The capacity of local infrastructure to provide adequate drinking
     2  water and wastewater services to the proposed project;
     3    (B)  The  capacity of local infrastructure to provide adequate utility
     4  services to the proposed project; and
     5    (C) The aesthetics of the proposed project, provided that any aesthet-
     6  ic review must be based on published objective standards. If  no  objec-
     7  tive  standards  are  published,  no transit-oriented development review
     8  process may consider aesthetics, and provided further that no  aesthetic
     9  requirements  shall  increase  the  cost of a qualifying project to make
    10  such project as proposed economically infeasible.
    11    All proposed actions subject to review pursuant to a  transit-oriented
    12  development review process shall be exempt from any environmental review
    13  requirements pursuant to article eight of the environmental conservation
    14  law  and  any  rules  and regulations promulgated thereto, and any local
    15  equivalent law, regulation or rule. Provided further  that  nothing  set
    16  forth  in  this  paragraph shall be interpreted to override or otherwise
    17  waive any permitting required pursuant to state or federal laws or regu-
    18  lations, unless specifically set forth herein.
    19    (q) "Tier 1 qualifying transit station" shall be defined as  any  rail
    20  station, including subway stations, within the state of New York that is
    21  not  operated  on an exclusively seasonal basis and that is owned, oper-
    22  ated or otherwise served by metro-north railroad, the Long Island  rail-
    23  road,  the  port  authority  of  New York and New Jersey, the New Jersey
    24  transit corporation, the New York city transit authority, or the  metro-
    25  politan  transportation  authority  where any portion of such station is
    26  located either within a town with  a  population  of  greater  than  one
    27  million people, or no more than fifteen miles from the nearest border of
    28  a city with a population of greater than one million people, as measured
    29  on a straight line from such city's nearest border to such rail station.
    30    (r)  "Tier  2 qualifying transit station" shall be defined as any rail
    31  station, including subway stations, within the state of New York that is
    32  not operated on an exclusively seasonal basis and that is  owned,  oper-
    33  ated  or otherwise served by metro-north railroad, the Long Island rail-
    34  road, the port authority of New York and  New  Jersey,  the  New  Jersey
    35  transit  corporation, the New York city transit authority, or the metro-
    36  politan transportation authority where any portion of  such  station  is
    37  located more than fifteen and no more than thirty miles from the nearest
    38  border  of  a city with a population of greater than one million people,
    39  as measured on a straight line from such city's nearest border  to  such
    40  rail station.
    41    (s)  "Tier  3 qualifying transit station" shall be defined as any rail
    42  station, including subway stations, within the state of New York that is
    43  not operated on an exclusively seasonal basis and that is  owned,  oper-
    44  ated  or otherwise served by metro-north railroad, the Long Island rail-
    45  road, the port authority of New York and  New  Jersey,  the  New  Jersey
    46  transit  corporation, the New York city transit authority, or the metro-
    47  politan transportation authority where any portion of  such  station  is
    48  located  more  than thirty and no more than fifty miles from the nearest
    49  border of a city with a population of greater than one  million  people,
    50  as  measured  on a straight line from such city's nearest border to such
    51  rail station.
    52    (t) "Tier 4 qualifying transit station" shall be defined as  any  rail
    53  station, including subway stations, within the state of New York that is
    54  not  operated  on an exclusively seasonal basis and that is owned, oper-
    55  ated or otherwise served by metro-north railroad, the Long Island  rail-
    56  road,  the  port  authority  of  New York and New Jersey, the New Jersey

        S. 4006                            69                            A. 3006
 
     1  transit corporation, the New York city transit authority, or the  metro-
     2  politan  transportation  authority where the entirety of such station is
     3  located more than fifty miles from the nearest border of a city  with  a
     4  population of greater than one million people, as measured on a straight
     5  line from such city's nearest border to such rail station.
     6    (u) "Tier 1 transit-oriented development zone" shall be defined as any
     7  land,  other  than exempt land, located within a one-half mile radius of
     8  any publicly accessible areas of a tier 1  qualifying  transit  station,
     9  provided that such publicly accessible areas include, but are not limit-
    10  ed  to,  platforms, ticketing areas, waiting areas, entrances and exits,
    11  and parking lots or parking structures that provide parking for  custom-
    12  ers  of  such tier 1 qualifying transit stations, and are appurtenant to
    13  such tier 1 qualifying transit stations, regardless of the ownership  of
    14  such  parking structures or facilities, as of the effective date of this
    15  section. Provided further that any tier  1  qualifying  transit  station
    16  shall  be considered to be part of such tier 1 transit-oriented develop-
    17  ment zone.
    18    (v) "Tier 2 transit-oriented development zone" shall be defined as any
    19  land, other than exempt land, located within a one-half mile  radius  of
    20  any  publicly  accessible  areas of a tier 2 qualifying transit station,
    21  provided that such publicly accessible areas include, but are not limit-
    22  ed to, platforms, ticketing areas, waiting areas, entrances  and  exits,
    23  and  parking lots or parking structures that provide parking for custom-
    24  ers of such tier 2 qualifying transit stations, and are  appurtenant  to
    25  such  tier 2 qualifying transit stations, regardless of the ownership of
    26  such parking structures or facilities, as of the effective date of  this
    27  section.  Provided  further  that  any tier 2 qualifying transit station
    28  shall be considered to be part of such tier 2 transit-oriented  develop-
    29  ment zone.
    30    (w) "Tier 3 transit-oriented development zone" shall be defined as any
    31  land,  other  than exempt land, located within a one-half mile radius of
    32  any publicly accessible areas of a tier 3  qualifying  transit  station,
    33  provided that such publicly accessible areas include, but are not limit-
    34  ed  to,  platforms, ticketing areas, waiting areas, entrances and exits,
    35  and parking lots or parking structures that provide parking for  custom-
    36  ers  of  such tier 3 qualifying transit stations, and are appurtenant to
    37  such tier 3 qualifying transit stations, regardless of the ownership  of
    38  such  parking structures or facilities, as of the effective date of this
    39  section. Provided further that any tier  3  qualifying  transit  station
    40  shall  be considered to be part of such tier 3 transit-oriented develop-
    41  ment zone.
    42    (x) "Tier 4 transit-oriented development zone" shall be defined as any
    43  land, other than exempt land, located within a one-half mile  radius  of
    44  any  publicly  accessible  areas of a tier 4 qualifying transit station,
    45  provided that such publicly accessible areas include, but are not limit-
    46  ed to, platforms, ticketing areas, waiting areas, entrances  and  exits,
    47  and  parking lots or parking structures that provide parking for custom-
    48  ers of such tier 4 qualifying transit stations, and are  appurtenant  to
    49  such  tier 4 qualifying transit stations, regardless of the ownership of
    50  such parking structures or facilities, as of the effective date of  this
    51  section.  Provided  further  that  any tier 4 qualifying transit station
    52  shall be considered to be part of such tier 4 transit-oriented  develop-
    53  ment zone.
    54    (y)  "Transit-oriented development zone" shall refer to a tier 1 tran-
    55  sit-oriented development zone, a  tier  2  transit-oriented  development

        S. 4006                            70                            A. 3006
 
     1  zone,  a  tier 3 transit-oriented development zone, or a tier 4 transit-
     2  oriented development zone, as applicable.
     3    2.  Amendment  to  local  land  use tools. (a) A town's local land use
     4  tools shall be amended to meet or exceed the aggregate density  require-
     5  ment  on or before the date that is three years subsequent to the effec-
     6  tive date of this section unless such aggregate density  requirement  is
     7  permitted  pursuant  to  a town's local land use tools without requiring
     8  any amendment.
     9    (b) Any amendment undertaken pursuant to paragraph (a) of this  subdi-
    10  vision  shall  be  exempt  from  any review required pursuant to article
    11  eight of the environmental conservation law  and  any  rules  and  regu-
    12  lations  promulgated  thereto, and any local equivalent law, regulation,
    13  or rule, provided further that any amendment to the permissible  use  of
    14  non-buildable land shall be subject to such review, as applicable.
    15    (c) No amendment undertaken pursuant to paragraph (a) of this subdivi-
    16  sion  shall  create  or  otherwise  impose any unreasonable laws, rules,
    17  regulations, guidelines or restrictions  that  effectively  prevent  the
    18  construction  or  occupation  of qualifying projects, including, but not
    19  limited  to,  any  such  laws,   rules,   regulations,   guidelines   or
    20  restrictions governing lot coverage, open space, height, setbacks, floor
    21  area ratios, or parking requirements.
    22    (d)  Prior to the finalization of the amendment undertaken pursuant to
    23  paragraph (a) of this subdivision, the lead agency equivalent shall  set
    24  forth in writing and publish:
    25    (i)  a description of the land that is part of the applicable transit-
    26  oriented development zone;
    27    (ii) a description of the land  that  is  exempt  from  the  aggregate
    28  density requirement;
    29    (iii)  a  description  of  any  exempt  land  that  would otherwise be
    30  included in the transit-oriented development zone;
    31    (iv) a specific description of the permissible land  uses  within  the
    32  applicable transit-oriented development zone prior to the amendment;
    33    (v) a specific description of the proposed permissible land uses with-
    34  in the applicable transit-oriented development zone following the amend-
    35  ment;
    36    (vi)  the  allowable  aggregate density, meaning the average allowable
    37  density within the  applicable  transit-oriented  development  zone,  of
    38  residential dwellings prior to the amendment;
    39    (vii)  the  allowable aggregate density, meaning the average allowable
    40  density within the  applicable  transit-oriented  development  zone,  of
    41  residential dwellings subsequent to the amendment;
    42    (viii) the capacity of the drinking water supply and wastewater treat-
    43  ment services, as applicable, to support the proposed increased residen-
    44  tial dwellings density contemplated by the amendment;
    45    (ix)  the capacity of local infrastructure to provide adequate utility
    46  services to support the proposed increased residential dwellings density
    47  contemplated by the amendment;
    48    (x) the existence of sites containing  or  contaminated  by  hazardous
    49  waste within the area contemplated by the amendment;
    50    (xi) any required stormwater runoff strategies or requirements contem-
    51  plated by the amendment; and
    52    (xii)  a  specific description of any land within the applicable tran-
    53  sit-oriented development zone located within the one-hundred-year  flood
    54  plain or where the depth to the water table is less than three feet.
    55    (e)  In the event that a town fails to finalize the amendment pursuant
    56  to and within the required time set  forth  in  paragraph  (a)  of  this

        S. 4006                            71                            A. 3006
 
     1  subdivision,  and  until such time as a town comprehensively updates its
     2  local land use tools in compliance with paragraph (a) of  this  subdivi-
     3  sion, and notwithstanding the provisions of any general, special, local,
     4  or other law, including the common law, to the contrary:
     5    (i) All towns shall permit the construction and occupation of residen-
     6  tial  dwellings with a density up to and including the applicable aggre-
     7  gate density requirement in any residential zone;
     8    (ii) No town shall impose restrictions that  effectively  prevent  the
     9  construction  or occupancy of such residential dwellings, including, but
    10  not limited to, any such restrictions  related  to  lot  coverage,  open
    11  space, height, setbacks, floor area ratios, or parking requirements; and
    12    (iii)  A  project  for residential dwellings, which would otherwise be
    13  classified as a qualifying project if a town timely adopted an amendment
    14  pursuant to paragraph (a) of this subdivision and which is approved by a
    15  town or lead agency equivalent pursuant to a  transit-oriented  develop-
    16  ment  review process prior to the date of the amendment, shall be vested
    17  upon the issuance of a building  permit  in  the  event  a  subsequently
    18  enacted  amendment  or any updates to the land use tools are contrary to
    19  the rights granted for such project.  Such  vested  rights  shall  exist
    20  without  the  need  for  the  permit  holder  to demonstrate substantial
    21  expenditure and substantial construction in accordance with  the  permit
    22  prior  to the effective date of the amendment or any updates to the land
    23  use tools.
    24    3. Transit-oriented development review process. (a) In the event  that
    25  a  town  fails  to  finalize  the  amendment  pursuant to and within the
    26  required time set forth in paragraph (a)  of  subdivision  two  of  this
    27  section, and until such time as a town comprehensively updates its local
    28  land  use  tools  in compliance with paragraph (a) of subdivision two of
    29  this section, any project specific review related to a proposed qualify-
    30  ing project shall be reviewed pursuant to the transit-oriented  develop-
    31  ment review process.
    32    (b)  After  the  finalization  of the amendment undertaken pursuant to
    33  paragraph (a) of subdivision two, any project specific review related to
    34  a proposed qualifying project shall be reviewed pursuant  to  the  tran-
    35  sit-oriented development review process.
    36    4.  Enforcement.  (a)(i) The attorney general of the state of New York
    37  may commence an action in a court of appropriate jurisdiction to  compel
    38  a town to amend its local land use tools in compliance with the require-
    39  ments  set forth in subdivision two of this section if the town fails to
    40  do so within the required timeframe set forth therein.
    41    (ii) A party may pursue a cause of action pursuant to paragraph (b) of
    42  this subdivision if such party is improperly denied permission by a lead
    43  agency equivalent to build a qualifying project  pursuant  to  paragraph
    44  (b) of subdivision three of this section.
    45    (b)  (i)  Upon  a  failure  of a town to comply with the deadlines set
    46  forth in subdivision two of this section, or a lead agency  equivalent's
    47  denial  of any application submitted in relation to a qualifying project
    48  in violation of paragraph (a) of subdivision three of this section,  any
    49  party  aggrieved  by  any  such failure or denial may commence a special
    50  proceeding against the subject town or lead agency  equivalent  and  the
    51  officers  of  such  town and lead agency equivalent in the supreme court
    52  within the judicial district in which the town or the greater portion of
    53  the territory of such town is located  to  compel  compliance  with  the
    54  provisions of this section.
    55    (ii)  If, upon commencement of such proceeding, it shall appear to the
    56  court that testimony is necessary for  the  proper  disposition  of  the

        S. 4006                            72                            A. 3006

     1  matter,  the court may take evidence and determine the matter.  Alterna-
     2  tively, the court may appoint a  hearing  officer  pursuant  to  article
     3  forty-three of the civil practice law and rules to take such evidence as
     4  it  may  direct  and report the same to the court with the hearing offi-
     5  cer's findings of fact and conclusions of law, which shall constitute  a
     6  part  of the proceedings upon which the determination of the court shall
     7  be made.
     8    (iii) The town or lead agency equivalent must set  forth  the  reasons
     9  for  the  denial  of  the  application and must demonstrate by clear and
    10  convincing evidence that the town or lead agency equivalent  denied  the
    11  application  due to bona fide health and safety concerns, or pursuant to
    12  the transit-oriented development review process that complies  with  the
    13  requirements  of  this  section.  If  the town or lead agency equivalent
    14  meets such burden, the applicant  shall  be  given  the  opportunity  to
    15  demonstrate  that  the concerns raised by the town or lead agency equiv-
    16  alent are pretextual or that such concerns can be addressed or mitigated
    17  by changes to the qualifying project.
    18    (iv) The court may reverse or affirm, wholly or partly, or may  modify
    19  the  decision  brought  up  for review. The court may also remand to the
    20  town or lead agency equivalent to process or further consider an  appli-
    21  cation consistent with the terms of any order of the court, including on
    22  an expedited basis.
    23    (v)  Costs  shall  not be allowed against the town, lead agency equiv-
    24  alent, and the officers whose  failure  or  refusal  gave  rise  to  the
    25  special  proceeding,  unless it shall appear to the court that the town,
    26  lead agency equivalent, and its officers or employees acted  with  gross
    27  negligence, in bad faith, or with malice.
    28    §  5.  The  village  law is amended by adding a new section 7-700-a to
    29  read as follows:
    30    § 7-700-a Density of residential dwellings near transit  stations.  1.
    31  Definitions. As used in this section, the following terms shall have the
    32  following meanings:
    33    (a)  "Aggregate  density  requirement"  shall be defined as a required
    34  minimum average density of residential dwellings per acre across a tran-
    35  sit-oriented development zone, provided that exempt land  shall  not  be
    36  included  in the calculation to determine the aggregate density require-
    37  ment. Provided further that:
    38    (i) Within a tier 1 transit-oriented development  zone,  the  required
    39  minimum average density shall be fifty residential dwellings per acre;
    40    (ii)  Within  a tier 2 transit-oriented development zone, the required
    41  minimum average density shall be thirty residential dwellings per acre;
    42    (iii) Within a tier 3 transit-oriented development zone, the  required
    43  minimum  average density shall be twenty residential dwellings per acre;
    44  and
    45    (iv) Within a tier 4 transit-oriented development zone,  the  required
    46  minimum average density shall be fifteen residential dwellings per acre.
    47    (b)  "Amendment" shall be defined as any local legislative, executive,
    48  or administrative change made to a village's local land use tools pursu-
    49  ant to subdivision two of this section.
    50    (c) "Economically infeasible" shall mean any condition  brought  about
    51  by  any  single  factor  or combination of factors to the extent that it
    52  makes it substantially unlikely for an owner to proceed  in  building  a
    53  residential  housing  project  and  still realize a reasonable return in
    54  building or operating such housing without  substantially  changing  the
    55  rent levels, unit sizes, or unit counts proposed by the owner.

        S. 4006                            73                            A. 3006
 
     1    (d)  "Exempt land" shall be defined as non-buildable land, cemeteries,
     2  mapped or dedicated parks, registered historic sites, and highways.
     3    (e) "Highways" shall be defined as a vehicle road designated and iden-
     4  tified  pursuant  to  the  New  York state or federal interstate highway
     5  system.
     6    (f) "Lead agency equivalent" shall be defined as any village or common
     7  council or other legislative body of the village, planning board, zoning
     8  board of appeals, planning division, planning commission, board of stan-
     9  dards and appeals, board of zoning appeals, or any official or employee,
    10  or any other agency, department, board,  body,  or  other  entity  in  a
    11  village  with  the  authority  to  approve or disapprove of any specific
    12  project or amendment to any local land use tools as defined herein.
    13    (g) "Local land use tools" shall be  adopted  or  enacted  under  this
    14  chapter,  the  municipal home rule law, or any general, special or other
    15  law pertaining to land use, and shall include but not be  limited  to  a
    16  village's:
    17    (i) written or other comprehensive plan or plans;
    18    (ii) zoning ordinance, local laws, resolutions or regulations;
    19    (iii)  special use permit, special exception permit, or special permit
    20  ordinance, local laws, resolutions or regulations;
    21    (iv) subdivision ordinance, local laws, resolutions or regulations;
    22    (v) site plan review  ordinance,  local  laws,  resolutions  or  regu-
    23  lations; and/or
    24    (vi)  policies  or  procedures, or any planning, zoning, or other land
    25  use regulatory tool that controls or establishes standards for  the  use
    26  and  occupancy  of  land,  the area and dimensional requirements for the
    27  development of land or the intensity of such development.
    28    (h) "Mapped or dedicated parks" shall be defined as:
    29    (i) any land designated on an official map established  as  authorized
    30  by  law  or  depicted  on  another  map  adopted or enacted by the local
    31  governing board as a publicly accessible space designated  for  park  or
    32  recreational use on or before the effective date of this section; or
    33    (ii)  any  parkland expressly or impliedly dedicated to park or recre-
    34  ational use on or before the effective date of this section.
    35    (i) "Non-buildable land" shall be defined as any land that  cannot  be
    36  built upon without significant alterations to the natural terrain needed
    37  to  make  such land suitable for construction, including but not limited
    38  to rivers and streams, freshwater and tidal wetlands, marshlands,  coas-
    39  tal  erosions  hazard areas, one-hundred-year flood plain, and protected
    40  forests. No land that has previously had a building  or  other  improve-
    41  ment, including but not limited to parking lots, constructed on it shall
    42  be considered non-buildable land.
    43    (j)  "Objective  standards" shall be defined as standards that involve
    44  no personal or subjective judgment by a public official or employee  and
    45  are  uniformly  verifiable  by  reference  to  a  publicly available and
    46  uniform benchmark or criterion available and knowable by both the devel-
    47  opment applicant and the public official or employee before submittal of
    48  a land use application to locate and develop residential dwellings.
    49    (k) "Project specific review"  shall  be  defined  as  any  review  or
    50  approval  process  related to a specific site, or to a proposed develop-
    51  ment or an application, regardless of the number  of  sites,  including,
    52  but  not  limited to, variance, waiver, special permit, site plan review
    53  or subdivision review.
    54    (l) "Qualifying project" shall be defined as a proposed  project  that
    55  consists  primarily  of residential dwellings that is or will be located

        S. 4006                            74                            A. 3006
 
     1  within a transit-oriented development zone and which will  be  connected
     2  to publicly-owned water and sewage systems.
     3    (m)  "Registered historic sites" shall be defined as sites, districts,
     4  structures, landmarks, or buildings listed  on  the  state  register  of
     5  historic places as of the effective date of this section.
     6    (n) "Residential dwellings" shall be defined as any building or struc-
     7  ture or portion thereof which is legally occupied in whole or in part as
     8  the  home,  residence  or  sleeping  place  of one or more human beings,
     9  however the term does not include any  class  B  multiple  dwellings  as
    10  defined  in section four of the multiple dwelling law or housing that is
    11  intended to be used on a seasonal basis.
    12    (o) "Residential zone" shall be defined as any land within a  transit-
    13  oriented development zone wherein residential dwellings are permitted as
    14  of the effective date of this section.
    15    (p)  "Transit-oriented  development  review process" is the process by
    16  which all project specific reviews  in  a  transit-oriented  development
    17  zone  and all other land use actions undertaken pursuant to this section
    18  shall be reviewed, which shall:
    19    (i) Be completed with approval or denial  delivered  to  the  applying
    20  party within one hundred twenty days of the application being submitted;
    21  and
    22    (ii) Be limited to a review of the following:
    23    (A)  The capacity of local infrastructure to provide adequate drinking
    24  water and wastewater services to the proposed project;
    25    (B) The capacity of local infrastructure to provide  adequate  utility
    26  services to the proposed project; and
    27    (C) The aesthetics of the proposed project, provided that any aesthet-
    28  ic  review  must be based on published objective standards. If no objec-
    29  tive standards are published,  no  transit-oriented  development  review
    30  process  may consider aesthetics, and provided further that no aesthetic
    31  requirements shall increase the cost of a  qualifying  project  to  make
    32  such project as proposed economically infeasible.
    33    All  proposed actions subject to review pursuant to a transit-oriented
    34  development review process shall be exempt from any environmental review
    35  requirements pursuant to article eight of the environmental conservation
    36  law and any rules and regulations promulgated  thereto,  and  any  local
    37  equivalent  law,  regulation  or rule. Provided further that nothing set
    38  forth in this paragraph shall be interpreted to  override  or  otherwise
    39  waive any permitting required pursuant to state or federal laws or regu-
    40  lations, unless specifically set forth herein.
    41    (q)  "Tier  1 qualifying transit station" shall be defined as any rail
    42  station, including subway stations, within the state of New York that is
    43  not operated on an exclusively seasonal basis and that is  owned,  oper-
    44  ated  or otherwise served by metro-north railroad, the Long Island rail-
    45  road, the port authority of New York and  New  Jersey,  the  New  Jersey
    46  transit  corporation, the New York city transit authority, or the metro-
    47  politan transportation authority where any portion of  such  station  is
    48  located  either  within  a village with a population of greater than one
    49  million people, or no more than fifteen miles from the nearest border of
    50  a city with a population of greater than one million people, as measured
    51  on a straight line from such city's nearest border to such rail station.
    52    (r) "Tier 2 qualifying transit station" shall be defined as  any  rail
    53  station, including subway stations, within the state of New York that is
    54  not  operated  on an exclusively seasonal basis and that is owned, oper-
    55  ated or otherwise served by metro-north railroad, the Long Island  rail-
    56  road,  the  port  authority  of  New York and New Jersey, the New Jersey

        S. 4006                            75                            A. 3006
 
     1  transit corporation, the New York city transit authority, or the  metro-
     2  politan  transportation  authority  where any portion of such station is
     3  located more than fifteen and no more than thirty miles from the nearest
     4  border  of  a city with a population of greater than one million people,
     5  as measured on a straight line from such city's nearest border  to  such
     6  rail station.
     7    (s)  "Tier  3 qualifying transit station" shall be defined as any rail
     8  station, including subway stations, within the state of New York that is
     9  not operated on an exclusively seasonal basis and that is  owned,  oper-
    10  ated  or otherwise served by metro-north railroad, the Long Island rail-
    11  road, the port authority of New York and  New  Jersey,  the  New  Jersey
    12  transit  corporation, the New York city transit authority, or the metro-
    13  politan transportation authority where any portion of  such  station  is
    14  located  more  than thirty and no more than fifty miles from the nearest
    15  border of a city with a population of greater than one  million  people,
    16  as  measured  on a straight line from such city's nearest border to such
    17  rail station.
    18    (t) "Tier 4 qualifying transit station" shall be defined as  any  rail
    19  station, including subway stations, within the state of New York that is
    20  not  operated  on an exclusively seasonal basis and that is owned, oper-
    21  ated or otherwise served by metro-north railroad, the Long Island  rail-
    22  road,  the  port  authority  of  New York and New Jersey, the New Jersey
    23  transit corporation, the New York city transit authority, or the  metro-
    24  politan  transportation  authority where the entirety of such station is
    25  located more than fifty miles from the nearest border of a city  with  a
    26  population of greater than one million people, as measured on a straight
    27  line from such city's nearest border to such rail station.
    28    (u) "Tier 1 transit-oriented development zone" shall be defined as any
    29  land,  other  than exempt land, located within a one-half mile radius of
    30  any publicly accessible areas of a tier 1  qualifying  transit  station,
    31  provided that such publicly accessible areas include, but are not limit-
    32  ed  to,  platforms, ticketing areas, waiting areas, entrances and exits,
    33  and parking lots or parking structures that provide parking for  custom-
    34  ers  of  such tier 1 qualifying transit stations, and are appurtenant to
    35  such tier 1 qualifying transit stations, regardless of the ownership  of
    36  such  parking structures or facilities, as of the effective date of this
    37  section. Provided further that any tier  1  qualifying  transit  station
    38  shall  be considered to be part of such tier 1 transit-oriented develop-
    39  ment zone.
    40    (v) "Tier 2 transit-oriented development zone" shall be defined as any
    41  land, other than exempt land, located within a one-half mile  radius  of
    42  any  publicly  accessible  areas of a tier 2 qualifying transit station,
    43  provided that such publicly accessible areas include, but are not limit-
    44  ed to, platforms, ticketing areas, waiting areas, entrances  and  exits,
    45  and  parking lots or parking structures that provide parking for custom-
    46  ers of such tier 2 qualifying transit stations, and are  appurtenant  to
    47  such  tier 2 qualifying transit stations, regardless of the ownership of
    48  such parking structures or facilities, as of the effective date of  this
    49  section.  Provided  further  that  any tier 2 qualifying transit station
    50  shall be considered to be part of such tier 2 transit-oriented  develop-
    51  ment zone.
    52    (w) "Tier 3 transit-oriented development zone" shall be defined as any
    53  land,  other  than exempt land, located within a one-half mile radius of
    54  any publicly accessible areas of a tier 3  qualifying  transit  station,
    55  provided that such publicly accessible areas include, but are not limit-
    56  ed  to,  platforms, ticketing areas, waiting areas, entrances and exits,

        S. 4006                            76                            A. 3006
 
     1  and parking lots or parking structures that provide parking for  custom-
     2  ers  of  such tier 3 qualifying transit stations, and are appurtenant to
     3  such tier 3 qualifying transit stations, regardless of the ownership  of
     4  such  parking structures or facilities, as of the effective date of this
     5  section. Provided further that any tier  3  qualifying  transit  station
     6  shall  be considered to be part of such tier 3 transit-oriented develop-
     7  ment zone.
     8    (x) "Tier 4 transit-oriented development zone" shall be defined as any
     9  land, other than exempt land, located within a one-half mile  radius  of
    10  any  publicly  accessible  areas of a tier 4 qualifying transit station,
    11  provided that such publicly accessible areas include, but are not limit-
    12  ed to, platforms, ticketing areas, waiting areas, entrances  and  exits,
    13  and  parking lots or parking structures that provide parking for custom-
    14  ers of such tier 4 qualifying transit stations, and are  appurtenant  to
    15  such  tier 4 qualifying transit stations, regardless of the ownership of
    16  such parking structures or facilities, as of the effective date of  this
    17  section.  Provided  further  that  any tier 4 qualifying transit station
    18  shall be considered to be part of such tier 4 transit-oriented  develop-
    19  ment zone.
    20    (y)  "Transit-oriented development zone" shall refer to a tier 1 tran-
    21  sit-oriented development zone, a  tier  2  transit-oriented  development
    22  zone,  a  tier 3 transit-oriented development zone, or a tier 4 transit-
    23  oriented development zone, as applicable.
    24    2. Amendment to local land use tools. (a) A village's local  land  use
    25  tools  shall be amended to meet or exceed the aggregate density require-
    26  ment on or before the date that is three years subsequent to the  effec-
    27  tive  date  of this section unless such aggregate density requirement is
    28  permitted pursuant to a village's local land use tools without requiring
    29  any amendment.
    30    (b) Any amendment undertaken pursuant to paragraph (a) of this  subdi-
    31  vision  shall  be  exempt  from  any review required pursuant to article
    32  eight of the environmental conservation law  and  any  rules  and  regu-
    33  lations  promulgated  thereto, and any local equivalent law, regulation,
    34  or rule, provided further that any amendment to the permissible  use  of
    35  non-buildable land shall be subject to such review, as applicable.
    36    (c) No amendment undertaken pursuant to paragraph (a) of this subdivi-
    37  sion  shall  create  or  otherwise  impose any unreasonable laws, rules,
    38  regulations, guidelines or restrictions  that  effectively  prevent  the
    39  construction  or  occupation  of qualifying projects, including, but not
    40  limited  to,  any  such  laws,   rules,   regulations,   guidelines   or
    41  restrictions governing lot coverage, open space, height, setbacks, floor
    42  area ratios, or parking requirements.
    43    (d)  Prior to the finalization of the amendment undertaken pursuant to
    44  paragraph (a) of this subdivision, the lead agency equivalent shall  set
    45  forth in writing and publish:
    46    (i)  a description of the land that is part of the applicable transit-
    47  oriented development zone;
    48    (ii) a description of the land  that  is  exempt  from  the  aggregate
    49  density requirement;
    50    (iii)  a  description  of  any  exempt  land  that  would otherwise be
    51  included in the transit-oriented development zone;
    52    (iv) a specific description of the permissible land  uses  within  the
    53  applicable transit-oriented development zone prior to the amendment;
    54    (v) a specific description of the proposed permissible land uses with-
    55  in the applicable transit-oriented development zone following the amend-
    56  ment;

        S. 4006                            77                            A. 3006

     1    (vi)  the  allowable  aggregate density, meaning the average allowable
     2  density within the  applicable  transit-oriented  development  zone,  of
     3  residential dwellings prior to the amendment;
     4    (vii)  the  allowable aggregate density, meaning the average allowable
     5  density within the  applicable  transit-oriented  development  zone,  of
     6  residential dwellings subsequent to the amendment;
     7    (viii) the capacity of the drinking water supply and wastewater treat-
     8  ment services, as applicable, to support the proposed increased residen-
     9  tial dwellings density contemplated by the amendment;
    10    (ix)  the capacity of local infrastructure to provide adequate utility
    11  services to support the proposed increased residential dwellings density
    12  contemplated by the amendment;
    13    (x) the existence of sites containing  or  contaminated  by  hazardous
    14  waste within the area contemplated by the amendment;
    15    (xi) any required stormwater runoff strategies or requirements contem-
    16  plated by the amendment; and
    17    (xii)  a  specific description of any land within the applicable tran-
    18  sit-oriented development zone located within the one-hundred-year  flood
    19  plain or where the depth to the water table is less than three feet.
    20    (e) In the event that a village fails to finalize the amendment pursu-
    21  ant  to  and within the required time set forth in paragraph (a) of this
    22  subdivision, and until such time as a  village  comprehensively  updates
    23  its local land use tools in compliance with paragraph (a) of this subdi-
    24  vision,  and  notwithstanding  the  provisions  of any general, special,
    25  local, or other law, including the common law, to the contrary:
    26    (i) All villages shall permit the construction and occupation of resi-
    27  dential dwellings with a density up  to  and  including  the  applicable
    28  aggregate density requirement in any residential zone;
    29    (ii) No village shall impose restrictions that effectively prevent the
    30  construction  or occupancy of such residential dwellings, including, but
    31  not limited to, any such restrictions  related  to  lot  coverage,  open
    32  space, height, setbacks, floor area ratios, or parking requirements; and
    33    (iii)  A  project  for residential dwellings, which would otherwise be
    34  classified as a qualifying project if a village timely adopted an amend-
    35  ment pursuant to paragraph (a) of this subdivision and which is approved
    36  by a village or lead agency equivalent pursuant  to  a  transit-oriented
    37  development  review process prior to the date of the amendment, shall be
    38  vested upon the issuance of a building permit in the event a subsequent-
    39  ly enacted amendment or any updates to the land use tools  are  contrary
    40  to  the  rights granted for such project. Such vested rights shall exist
    41  without the need  for  the  permit  holder  to  demonstrate  substantial
    42  expenditure  and  substantial construction in accordance with the permit
    43  prior to the effective date of the amendment or any updates to the  land
    44  use tools.
    45    3.  Transit-oriented development review process. (a) In the event that
    46  a village fails to finalize the amendment pursuant  to  and  within  the
    47  required  time  set  forth  in  paragraph (a) of subdivision two of this
    48  section, and until such time as a village  comprehensively  updates  its
    49  local land use tools in compliance with paragraph (a) of subdivision two
    50  of this section, any project specific review related to a proposed qual-
    51  ifying project shall be reviewed pursuant to the transit-oriented devel-
    52  opment review process.
    53    (b)  After  the  finalization  of the amendment undertaken pursuant to
    54  paragraph (a) of subdivision two of this section, any  project  specific
    55  review related to a proposed qualifying project shall be reviewed pursu-
    56  ant to the transit-oriented development review process.

        S. 4006                            78                            A. 3006
 
     1    4.  Enforcement.  (a)(i) The attorney general of the state of New York
     2  may commence an action in a court of appropriate jurisdiction to  compel
     3  a  village  to  amend  its  local  land use tools in compliance with the
     4  requirements set forth in subdivision two of this section if the village
     5  fails to do so within the required timeframe set forth therein.
     6    (ii) A party may pursue a cause of action pursuant to paragraph (b) of
     7  this subdivision if such party is improperly denied permission by a lead
     8  agency  equivalent  to  build a qualifying project pursuant to paragraph
     9  (b) of subdivision three of this section.
    10    (b)(i) Upon a failure of a village to comply with  the  deadlines  set
    11  forth  in subdivision two of this section, or a lead agency equivalent's
    12  denial of any application submitted in relation to a qualifying  project
    13  in  violation of paragraph (a) of subdivision three of this section, any
    14  party aggrieved by any such failure or denial  may  commence  a  special
    15  proceeding against the subject village or lead agency equivalent and the
    16  officers of such village and lead agency equivalent in the supreme court
    17  within the judicial district in which the village or the greater portion
    18  of  the  territory  of such village is located to compel compliance with
    19  the provisions of this section.
    20    (ii) If, upon commencement of such proceeding, it shall appear to  the
    21  court  that  testimony  is  necessary  for the proper disposition of the
    22  matter, the court may take evidence and determine the matter.   Alterna-
    23  tively,  the  court  may  appoint  a hearing officer pursuant to article
    24  forty-three of the civil practice law and rules to take such evidence as
    25  it may direct and report the same to the court with  the  hearing  offi-
    26  cer's  findings of fact and conclusions of law, which shall constitute a
    27  part of the proceedings upon which the determination of the court  shall
    28  be made.
    29    (iii) The village or lead agency equivalent must set forth the reasons
    30  for  the  denial  of  the  application and must demonstrate by clear and
    31  convincing evidence that the village or lead  agency  equivalent  denied
    32  the application due to bona fide health and safety concerns, or pursuant
    33  to  the  transit-oriented  development review process that complies with
    34  the requirements of this section. If the village or lead  agency  equiv-
    35  alent meets such burden, the applicant shall be given the opportunity to
    36  demonstrate  that  the  concerns  raised  by  the village or lead agency
    37  equivalent are pretextual or that such  concerns  can  be  addressed  or
    38  mitigated by changes to the qualifying project.
    39    (iv)  The court may reverse or affirm, wholly or partly, or may modify
    40  the decision brought up for review. The court may  also  remand  to  the
    41  village  or  lead  agency  equivalent  to process or further consider an
    42  application consistent with the terms of any order of the court, includ-
    43  ing on an expedited basis.
    44    (v) Costs shall not be allowed against the village, lead agency equiv-
    45  alent, and the officer whose failure or refusal gave rise to the special
    46  proceeding, unless it shall appear to the court that the  village,  lead
    47  agency equivalent, and its officers or employees acted with gross negli-
    48  gence, in bad faith, or with malice.
    49    § 6. This act shall take effect immediately.

    50                                   PART H
 
    51    Section  1.  The public housing law is amended by adding a new section
    52  20-a to read as follows:
    53    § 20-a. Housing production reporting. 1.  For  the  purposes  of  this
    54  section, the following terms shall have the following meanings:

        S. 4006                            79                            A. 3006
 
     1    (a)  "Local board" means any city, town, or village board, commission,
     2  officer or other agency or office having supervision of the construction
     3  of buildings or the power of enforcing municipal building laws.
     4    (b) "Housing site" means the site of planned construction, conversion,
     5  alteration,  demolition,  or  consolidation  of  one or more residential
     6  buildings.
     7    (c) "Dwelling unit" means a dwelling  within  a  residential  building
     8  which  is either sold, rented, leased, let or hired out, to be occupied,
     9  or is occupied as the residence or home of one or more individuals  that
    10  is independent of other dwellings within such residential building.
    11    2.  The  commissioner  shall require each local board to submit to the
    12  division of housing and community renewal annually, in  the  manner  and
    13  format  to be directed by the division of housing and community renewal,
    14  the following information regarding new construction, conversion, alter-
    15  ation, demolition, or consolidation of a housing site within the  juris-
    16  diction  of  such  local  board  that is required to be reported to such
    17  local board:
    18    (a) the address of such housing site;
    19    (b) the block and/or lot number of such housing site;
    20    (c) the total number of dwelling units in such housing site;
    21    (d) the building type, any relevant dates of  approval,  permits,  and
    22  completions associated with such housing site;
    23    (e) any associated governmental subsidies or program funds being allo-
    24  cated to such housing site that such local board is aware of;
    25    (f) the specific details of such construction, conversion, alteration,
    26  demolition, or consolidation of such housing site;
    27    (g)  any  permits requested to build dwelling units, and the status of
    28  such requests as of the date of the report; and
    29    (h) the total number of dwelling units within the jurisdiction of  the
    30  local board as of the date of the report.
    31    3. Beginning on the thirty-first of January next succeeding the effec-
    32  tive  date  of  this  section, and annually thereafter, the commissioner
    33  shall require each local board to  submit  to  the  commissioner,  in  a
    34  manner  and  format to be determined by the commissioner, a digital file
    35  containing a zoning map or maps of such local board's jurisdiction  that
    36  contains the following information for the prior year:
    37    (a) The geographic extents of areas where residential housing, commer-
    38  cial, industrial, or other developments are or are not permitted;
    39    (b) In areas zoned for residential buildings, where residential build-
    40  ings  containing two, three, and four or more dwelling units are allowed
    41  per lot;
    42    (c) Any minimum lot size requirements for residential buildings;
    43    (d) Any minimum size requirements for individual dwelling units;
    44    (e) Any parking requirements for residential buildings;
    45    (f) Any setback or lot coverage requirements  for  residential  build-
    46  ings;
    47    (g)  Designation of whether each zoning approval granted by such local
    48  board was as-of-right or discretionary;
    49    (h) The geographic bounds of any areas which have been  amended  since
    50  such local board's previous submission pursuant to this subdivision;
    51    (i) Any floor area ratio restrictions for residential buildings;
    52    (j)  In  areas  where  residential  development  is not permitted, the
    53  reasons such development is not permitted; and
    54    (k) Any other information deemed relevant by the commissioner.
    55    4. The commissioner may make the  information  submitted  pursuant  to
    56  subdivisions  two  and  three  of this section publicly available on the

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     1  division of housing and community renewal's website, updated annually to
     2  reflect the most recent submissions.
     3    §  2. This act shall take effect on the first of January next succeed-
     4  ing the date upon which it shall have become a law. Effective immediate-
     5  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
     6  necessary  for  the implementation of this act on its effective date are
     7  authorized to be made and completed on or before such effective date.
 
     8                                   PART I
 
     9    Section 1. Paragraph (b) of subdivision 1 of section 1971 of the  real
    10  property  actions  and proceedings law, as amended by chapter 529 of the
    11  laws of 2008, is amended to read as follows:
    12    (b) In the case of a vacant dwelling, it is not sealed or continuously
    13  guarded, in that admittance to the property may be gained without damag-
    14  ing any portion of the property, as required by law or it was sealed  or
    15  is  continuously  guarded by a person other than the owner, a mortgagee,
    16  lienor or agent thereof, and [either] any of the following facts exists:
    17    (i) A vacate order of the  department  or  other  governmental  agency
    18  currently prohibits occupancy of the dwelling; or
    19    (ii)  The tax on such premises has been due and unpaid for a period of
    20  at least one year; or
    21    (iii) The property has had a zoning, building or property  maintenance
    22  code  violation which has the potential to injure, endanger or unreason-
    23  ably annoy the health and safety of others that  has  been  continuously
    24  outstanding  and not remedied for a period of at least one year from the
    25  date the original notice of violation was served upon the property owner
    26  pursuant to subdivision four of section three hundred eight of the civil
    27  practice law and rules if the owner is a natural person, or pursuant  to
    28  section  three hundred ten, three hundred ten-a, three hundred eleven or
    29  three hundred eleven-a of the civil practice law and rules if the  owner
    30  is  a partnership, limited partnership, corporation or limited liability
    31  company, respectively; or
    32    § 2. This act shall take effect immediately.
 
    33                                   PART J
 
    34    Section 1. Subdivision 11 of section 3 of the multiple  dwelling  law,
    35  as  amended  by  chapter  806 of the laws of 1972, is amended to read as
    36  follows:
    37    11. Notwithstanding any other provision of this section, the following
    38  enumerated articles, sections and subdivisions of sections of this chap-
    39  ter shall not apply to the construction or alteration of multiple dwell-
    40  ings for which an application for a permit is  made  to  the  department
    41  after  December  sixth,  nineteen  hundred sixty-nine in a city having a
    42  population of one million or more [which adopts  or  has  adopted  local
    43  laws,  ordinances,  resolutions or regulations providing protection from
    44  fire  hazards  and  making  provision  for  escape  from  fire  in   the
    45  construction  and alteration of multiple dwellings and in other respects
    46  as protective as local law seventy-six of the laws of the  city  of  New
    47  York  for  nineteen  hundred  sixty-eight  and covering the same subject
    48  matter as the following]: subdivisions twenty-five, twenty-seven,  twen-
    49  ty-eight,  thirty-five-c,  thirty-six  and  thirty-nine of section four,
    50  subdivision three of section twenty-eight, sections thirty-six,  thirty-
    51  seven,  fifty,  fifty-one,  fifty-two,  fifty-three,  fifty-five, sixty,
    52  sixty-one, sixty-seven, subdivisions one, two, four and five of  section

        S. 4006                            81                            A. 3006
 
     1  seventy-five,  article four, article five, article five-A[,] and article
     2  six [and article seven-B]; except that after  December  sixth,  nineteen
     3  hundred  sixty-nine  where a multiple dwelling erected prior to December
     4  sixth,  nineteen  hundred  sixty-nine  is altered, or a building erected
     5  prior to December sixth, nineteen hundred sixty-nine is converted  to  a
     6  multiple  dwelling  pursuant  to  a permit applied for to the department
     7  having jurisdiction, the foregoing articles, sections  and  subdivisions
     8  of  sections  shall  remain  applicable  where  a local law of such city
     9  authorizes such alteration or conversion to be made, at  the  option  of
    10  the  owner,  either  in accordance with the requirements of the building
    11  law and regulations in effect in such  city  prior  to  December  sixth,
    12  nineteen hundred sixty-eight or the requirements of the building law and
    13  regulations  in  effect  after such date, and the owner elects to comply
    14  with the requirements of the building  law  and  regulations  in  effect
    15  prior to December sixth, nineteen hundred sixty-eight.
    16    § 2. Section 275 of the multiple dwelling law, as added by chapter 734
    17  of the laws of 1985, is amended to read as follows:
    18    §  275.  Legislative findings. It is hereby declared and found that in
    19  cities with a population in excess of  one  million,  large  numbers  of
    20  loft,  manufacturing,  commercial,  institutional,  public and community
    21  facility buildings have lost, and continue to  lose,  their  tenants  to
    22  more modern premises; and that the untenanted portions of such buildings
    23  constitute  a  potential housing stock within such cities which is capa-
    24  ble, when appropriately altered, of  accommodating  general  residential
    25  use, thereby contributing to an alleviation of the housing shortage most
    26  severely  affecting moderate and middle income families, and of accommo-
    27  dating joint living-work quarters for artists by making  readily  avail-
    28  able  space  which  is  physically  and economically suitable for use by
    29  persons regularly engaged in the arts.
    30    There is a public purpose to be served by making accommodations readi-
    31  ly available for joint living-work quarters for artists for the  follow-
    32  ing  reasons:    persons  regularly  engaged  in the arts require larger
    33  amounts of space for the pursuit of their artistic endeavors and for the
    34  storage of the materials therefor and of the products thereof  than  are
    35  regularly  to  be  found  in dwellings subject to this article; that the
    36  financial remunerations to be obtained from pursuit of a career  in  the
    37  arts  are  generally  small;  that as a result of such limited financial
    38  remuneration persons regularly engaged in the  arts  generally  find  it
    39  financially  impossible  to  maintain  quarters for the pursuit of their
    40  artistic endeavors separate and apart from their  places  of  residence;
    41  that the cultural life of cities of more than one million persons within
    42  this  state  and of the state as a whole is enhanced by the residence in
    43  such cities of large numbers of persons regularly engaged in  the  arts;
    44  that  the  high  cost  of  land within such cities makes it particularly
    45  difficult for persons regularly engaged in the arts to obtain the use of
    46  the amounts of space required for their work as aforesaid; and that  the
    47  residential  use  of  the space is secondary or accessory to the primary
    48  use as a place of work.
    49    It is further declared that the legislation governing  the  alteration
    50  of  such buildings to accommodate general residential use must of neces-
    51  sity be more restrictive  than  statutes  heretofore  in  effect,  which
    52  affected only joint living-work quarters for artists.
    53    It  is the intention of this legislation to promulgate statewide mini-
    54  mum standards for all alterations of non-residential buildings to  resi-
    55  dential  use,  but  the  legislature  is  cognizant that the use of such
    56  buildings for residential purposes must be consistent with local  zoning

        S. 4006                            82                            A. 3006
 
     1  ordinances.  The  legislature  further recognizes that it is the role of
     2  localities to adopt regulations which will define in further detail  the
     3  manner  in  which alterations should be carried out where building types
     4  and  conditions  are  peculiar  to their local environment. It is hereby
     5  additionally declared and found that in  cities  with  a  population  in
     6  excess  of one million, large numbers of commercial buildings have lost,
     7  and continue to lose, their tenants to more modern premises and  to  the
     8  changing  nature  of  remote  office  work  in  the wake of the COVID-19
     9  pandemic; and that the untenanted portions of such buildings  constitute
    10  a  potential  housing  stock  within  such cities which is capable, when
    11  appropriately altered, of accommodating general residential use, thereby
    12  contributing to an alleviation of the housing shortage.
    13    § 3. Section 276 of the multiple dwelling law, as amended  by  chapter
    14  420 of the laws of 2022, is amended to read as follows:
    15    § 276. [Definition of an artist] Definitions. As used in this article,
    16  the following terms shall have the following meanings:
    17    1.  The  word  "artist" means a person who is regularly engaged in the
    18  fine arts, such as painting and sculpture or in the performing or  crea-
    19  tive  arts, including choreography and filmmaking, or in the composition
    20  of music on a professional basis,  and  is  so  certified  by  the  city
    21  department  of  cultural  affairs  and/or state council on the arts. For
    22  joint living-work quarters for artists limited to artists' occupancy  by
    23  local  zoning resolution, any permanent occupant whose residence therein
    24  began on or before December fifteenth, two thousand twenty-one shall  be
    25  deemed  to  meet such occupancy requirements under the same rights as an
    26  artist so certified in accordance with applicable law.
    27    2. The term "general residential purposes" means use of a building  as
    28  a  class  A multiple dwelling, except that such term shall not include a
    29  rooming unit as defined in section 27-2004 of the administrative code of
    30  the city of New York other than a rooming unit in a class A or  class  B
    31  multiple dwelling that is authorized pursuant to section 27-2077 of such
    32  administrative code.
    33    §  4. The multiple dwelling law is amended by adding a new section 279
    34  to read as follows:
    35    § 279. Occupancy of commercial buildings. 1. Any building  in  a  city
    36  with  a population of one million or more persons which was occupied for
    37  loft, commercial, institutional, public, community facility or  manufac-
    38  turing  purposes  at  any  time prior to December thirty-first, nineteen
    39  hundred ninety, may be occupied, in whole or in part, for general  resi-
    40  dential  purposes  if such occupancy is in compliance with this article,
    41  notwithstanding any other article of this chapter, or any  provision  of
    42  law  covering  the  same subject matter, except as otherwise required by
    43  the zoning resolution of such city.
    44    2. Occupancy pursuant to this section shall be permitted only  if  the
    45  conditions  in  subdivisions  one through sixteen of section two hundred
    46  seventy-seven of this article are complied with, except that the conver-
    47  sion shall not be required to include  joint  living-work  quarters  for
    48  artists,  and  provided  further that conversions undertaken pursuant to
    49  this section shall not be subject to subdivision three of section  twen-
    50  ty-six of this chapter.
    51    3.  Notwithstanding  any  state  or  local  law,  rule, or regulation,
    52  including any other provision of this section or article to the  contra-
    53  ry,  the  provisions of this section shall apply to any building located
    54  in a district that otherwise would have been subject to  the  provisions
    55  of section 15-01 of the zoning resolution of a city with a population of
    56  one million or more persons.

        S. 4006                            83                            A. 3006
 
     1    §  5.  An  application  for  conversion  of a building pursuant to the
     2  provisions of this  act,  which  application  for  a  permit  containing
     3  complete  plans  and specifications is filed prior to December 31, 2030,
     4  shall be permitted to proceed as if subdivision 3 of section 279 of  the
     5  multiple dwelling law, as added by section four of this act, remained in
     6  effect, so long as construction of such project begins within the earli-
     7  er to occur of three years from December 31, 2030 or such time which the
     8  permit otherwise expires.
     9    §  6.  This act shall take effect immediately; provided, however, that
    10  subdivision 3 of section 279 of the multiple dwelling law  as  added  by
    11  section four of this act shall expire and be deemed repealed on December
    12  31, 2030; provided further, however, that the repeal of subdivision 3 of
    13  section  279  of  the  multiple dwelling law as added by section four of
    14  this act shall not affect the use of any building for  general  residen-
    15  tial  purposes,  as  such term is defined in article 7-B of the multiple
    16  dwelling law, permitted prior to such repeal.
 
    17                                   PART K
 
    18    Section 1. The multiple dwelling law is amended by adding a new  arti-
    19  cle 7-D to read as follows:
    20                                 ARTICLE 7-D
    21           LEGALIZATION AND CONVERSION OF BASEMENT DWELLING UNITS
    22  Section 288. Definitions.
    23          289. Basement local laws and regulations.
    24          290. Tenant protections in inhabited basement dwelling units.
    25    § 288. Definitions. As used in this article, the following terms shall
    26  have the following meanings:
    27    1. The term "inhabited basement dwelling unit" means a basement unlaw-
    28  fully  occupied as a residence by one or more tenants on or prior to the
    29  effective date of this article;
    30    2. The term "rented" means leased, let, or hired out, with or  without
    31  a written agreement; and
    32    3. The term "tenant" means an individual to whom an inhabited basement
    33  dwelling unit is rented.
    34    §  289.  Basement  local laws and regulations.  1. Notwithstanding any
    35  other provision of state or local law to the contrary, in a city with  a
    36  population  of  one  million or more, the local legislative body may, by
    37  local law, establish a program to  address,  provided  that  health  and
    38  safety  are protected, (a) the legalization of specified inhabited base-
    39  ment dwelling units in existence prior to the  effective  date  of  this
    40  article  through  conversion to legal dwelling units, or (b) the conver-
    41  sion of other specified basement dwelling units in  existence  prior  to
    42  the  effective  date  of this article to legal dwelling units. The local
    43  law authorized by this section, and any rules or regulations promulgated
    44  thereunder, shall not be  subject  to  environmental  review,  including
    45  environmental review conducted pursuant to article eight of the environ-
    46  mental  conservation law and any state and local regulations promulgated
    47  thereunder.
    48    2. The program established by such local law may provide to  an  owner
    49  who  converts  an  inhabited basement dwelling unit in accordance with a
    50  local law authorized by this article or who otherwise abates the illegal
    51  occupancy of a basement dwelling unit, (a) freedom  from  any  civil  or
    52  administrative  liability, citations, fines, penalties, judgments or any
    53  other determinations  of or prosecution for  civil  violations  of  this
    54  chapter,  other  state  law or local law or rules, and the zoning resol-

        S. 4006                            84                            A. 3006
 
     1  ution of such city, and (b) relief from any outstanding civil  judgments
     2  issued  in  connection  with  any  such violation of such laws, rules or
     3  zoning resolution issued before the  effective  date  of  this  article.
     4  Provided  that  such  local  law shall require that all applications for
     5  conversions be filed by a date certain subsequent to the effective  date
     6  of  this  article, provided further that such date shall not exceed five
     7  years after the effective date of this article.
     8    3. Such local law may provide that any provision of  this  chapter  or
     9  local  law,  rule  or regulation, shall not be applicable to provide for
    10  the alterations necessary for the conversion of  a  specified  inhabited
    11  basement  dwelling  unit  or  other  specified basement dwelling unit in
    12  existence prior to the effective date into a lawful dwelling  unit.  Any
    13  amendment of the zoning resolution necessary to enact such program shall
    14  be subject to a public hearing at the planning commission of such local-
    15  ity,  and  approval  by such commission and the legislative body of such
    16  local government, provided, however, that it shall not require  environ-
    17  mental  review,  including  environmental  review  conducted pursuant to
    18  article eight of the environmental conservation law and  any  state  and
    19  local  regulations  promulgated  thereunder,  or any additional land use
    20  review.
    21    § 290. Tenant protections in inhabited basement dwelling  units.    1.
    22  The  program  authorized by this article shall require an application to
    23  make alterations to legalize an  inhabited  basement  dwelling  unit  be
    24  accompanied  by  a certification indicating whether such unit was rented
    25  to a tenant on the  effective  date  of  this  article,  notwithstanding
    26  whether the occupancy of such unit was authorized by law. A city may not
    27  use  such certification as the basis for an enforcement action for ille-
    28  gal occupancy of such unit, provided  that  nothing  contained  in  this
    29  article  shall  be  construed  to  limit such city from issuing a vacate
    30  order for hazardous or unsafe conditions.
    31    2. The local law authorized by  this  article  shall  provide  that  a
    32  tenant  in  occupancy at the time of the effective date of this article,
    33  who is evicted or otherwise removed from such unit as  a  result  of  an
    34  alteration  necessary  to bring an inhabited basement dwelling unit into
    35  compliance with the standards established by the local law authorized by
    36  this article, shall have a right of first refusal to return to such unit
    37  as a tenant upon its first lawful occupancy as a  legal  dwelling  unit,
    38  notwithstanding  whether the occupancy at the time of the effective date
    39  of this article was authorized by law. Such local law shall specify  how
    40  to determine priority when multiple tenants may claim such right.
    41    3.  A tenant unlawfully denied a right of first refusal to return to a
    42  legal dwelling unit, as provided pursuant to the local law authorized by
    43  this article, shall have a cause of action in  any  court  of  competent
    44  jurisdiction  for  compensatory  damages  or  declaratory and injunctive
    45  relief as the  court  deems  necessary  in  the  interests  of  justice,
    46  provided  that  such  compensatory  relief  shall  not exceed the annual
    47  rental charges for such legal dwelling unit.
    48    § 2. Subdivision 1 of section 472 of the private housing finance  law,
    49  as  amended  by  chapter  479 of the laws of 2005, is amended to read as
    50  follows:
    51    1. Notwithstanding the provisions of any  general,  special  or  local
    52  law,  a  municipality,  acting  through an agency, is authorized: (a) to
    53  make, or contract to make, loans to low and moderate income  owner-occu-
    54  pants  of one to four unit existing private or multiple dwellings within
    55  its territorial limits, subject to the limitation  of  subdivisions  two
    56  through  seven of this section, in such amounts as shall be required for

        S. 4006                            85                            A. 3006
 
     1  the rehabilitation of such dwellings, provided, however, that such loans
     2  shall not exceed sixty thousand dollars per dwelling unit,  except  that
     3  the  limitation  on  the  maximum amount of a loan, as described in this
     4  paragraph,  shall  not  apply to any such loan for, in whole or in part,
     5  rehabilitation of a specified inhabited basement dwelling unit or  other
     6  specified  basement  dwelling  unit  for  which  such owner has sought a
     7  permit pursuant to the local law  authorized  pursuant  to  section  two
     8  hundred  eighty-nine  of  the multiple dwelling law. Such loans may also
     9  include the refinancing of the outstanding indebtedness of  such  dwell-
    10  ings,  and the municipality may make temporary loans or advances to such
    11  owner-occupants in anticipation of permanent loans  for  such  purposes;
    12  and
    13    (b) to make or contract to make grants to any owner described in para-
    14  graph (a) of this subdivision, on the same terms as permitted under such
    15  paragraph for a loan.
    16    §  3.  Section  472  of  the private housing finance law is amended by
    17  adding a new subdivision 1-a to read as follows:
    18    1-a. As used in this article, the term "loan" shall include any  grant
    19  made by a municipality pursuant to this article, provided, however, that
    20  provisions  of  this article concerning the repayment or forgiveness of,
    21  or security for, a loan shall not apply to any grant  made  pursuant  to
    22  this article.
    23    §  4. Subdivision 2 of section 473 of the private housing finance law,
    24  as added by chapter 786 of the laws of  1987,  is  amended  to  read  as
    25  follows:
    26    2.  A  municipality shall neither make nor participate in a loan to an
    27  owner-occupant of an existing private or multiple dwelling  pursuant  to
    28  this  article unless the agency finds that the area in which such dwell-
    29  ing is situated is a blighted, deteriorated or deteriorating area or has
    30  a blighting influence on the surrounding area, or is in danger of becom-
    31  ing a slum or a blighted area because of the existence  of  substandard,
    32  unsanitary,  deteriorating  or  deteriorated conditions, an aged housing
    33  stock, or other factors indicating an inability of the private sector to
    34  cause such rehabilitation to be made, except that any such finding shall
    35  not be required for any such loan for, in whole or  in  part,  rehabili-
    36  tation  of  a specified inhabited basement dwelling unit or other speci-
    37  fied basement dwelling unit for which such owner  has  sought  a  permit
    38  pursuant  to  the  local  law authorized pursuant to section two hundred
    39  eighty-nine of the multiple dwelling law.
    40    § 5. This act shall take effect immediately.
 
    41                                   PART L
 
    42    Section 1. Subdivision 3 of section 26 of the multiple  dwelling  law,
    43  as  amended  by  chapter  748 of the laws of 1961, is amended to read as
    44  follows:
    45    3. Floor area ratio (FAR). [The] Except as otherwise provided  in  and
    46  determined under a zoning law, ordinance, or resolution of a city with a
    47  population  of  one  million  or  more, or after consultation with local
    48  officials, as provided in a general project plan of the New  York  state
    49  urban  development corporation, the floor area ratio (FAR) of any dwell-
    50  ing or dwellings on a lot shall not exceed 12.0, except that a fireproof
    51  class B dwelling in which six or more passenger elevators are maintained
    52  and operated in any city having a local zoning law, ordinance or  resol-
    53  ution  restricting  districts  in  such  city to residential use, may be
    54  erected in accordance with the provisions of such zoning law,  ordinance

        S. 4006                            86                            A. 3006
 
     1  or resolution, if such class B dwelling is erected in a district no part
     2  of  which  is  restricted by such zoning law, ordinance or resolution to
     3  residential uses.
     4    § 2. This act shall take effect immediately.
 
     5                                   PART M
 
     6    Section  1.  Section  489  of  the real property tax law is amended by
     7  adding a new subdivision 21 to read as follows:
     8    21. (a) Definitions. For purposes of this subdivision:
     9    (1) "Affordable rent" shall mean the maximum rent within the marketing
    10  band that is allowed for an affordable  rental  unit  as  such  rent  is
    11  established by the local housing agency.
    12    (2) "Affordable rental unit" shall mean a dwelling unit in an eligible
    13  rental  building  that, as of the filing of an application for a certif-
    14  icate of eligibility and reasonable cost, has a rent  at  or  below  the
    15  applicable affordable rent.
    16    (3)  "Certificate  of  eligibility  and  reasonable cost" shall mean a
    17  document issued by the local housing  agency  that  establishes  that  a
    18  property  is eligible for rehabilitation program benefits and sets forth
    19  the certified reasonable cost of the  eligible  construction  for  which
    20  such benefits shall be received.
    21    (4)  "Certified reasonable cost schedule" shall mean a table providing
    22  maximum dollar limits for specified alterations and improvements, estab-
    23  lished, and updated as necessary, by the local housing agency.
    24    (5) "Checklist" shall mean a document that the  local  housing  agency
    25  issues requesting additional information or documentation that is neces-
    26  sary  for  further  assessment  of  an  application for a certificate of
    27  eligibility and reasonable cost where  such  application  contained  all
    28  information and documentation required at the initial filing.
    29    (6)   "Commencement   date"  shall  mean,  with  respect  to  eligible
    30  construction, the date on which any physical  operation  undertaken  for
    31  the purpose of performing such eligible construction lawfully begins.
    32    (7)   "Completion   date"   shall   mean,  with  respect  to  eligible
    33  construction, the date on which:
    34    (A) every physical operation undertaken for the purpose of all  eligi-
    35  ble construction has concluded; and
    36    (B)  all such eligible construction has been completed to a reasonable
    37  and customary standard that renders such eligible  construction  capable
    38  of  use  for  the  purpose  for  which  such  eligible  construction was
    39  intended.
    40    (8) "Dwelling unit" shall mean  any  residential  accommodation  in  a
    41  class A multiple dwelling that:
    42    (A)  is  arranged,  designed,  used or intended for use by one or more
    43  persons living together and maintaining a common household;
    44    (B) contains at least one room; and
    45    (C) contains within such accommodation  lawful  sanitary  and  kitchen
    46  facilities reserved for its occupants.
    47    (9)  "Eligible  building"  shall  mean an eligible rental building, an
    48  eligible homeownership building, or an eligible regulated  homeownership
    49  building,  provided  that  such building contains three or more dwelling
    50  units.
    51    (10) "Eligible construction" shall mean alterations or improvements to
    52  an eligible building that:
    53    (A) are specifically identified on the certified reasonable cost sche-
    54  dule;

        S. 4006                            87                            A. 3006
 
     1    (B) meet the minimum scope of work threshold;
     2    (C)  have a completion date that is after June twenty-ninth, two thou-
     3  sand twenty-two and prior to June thirtieth, two thousand twenty-six and
     4  that is not more than thirty months after their commencement date; and
     5    (D) are not attributable to any increased cubic content in such eligi-
     6  ble building.
     7    (11) "Eligible homeownership building" shall mean an existing building
     8  that:
     9    (A) is a class A multiple dwelling operated as condominium or  cooper-
    10  ative housing;
    11    (B) is not operating in whole or in part as a hotel; and
    12    (C)  has an average assessed valuation, including the valuation of the
    13  land, that as of the commencement date does not exceed the homeownership
    14  average assessed valuation limitation.
    15    (12) "Eligible regulated homeownership building" shall mean an  exist-
    16  ing  building  that is a class A multiple dwelling owned and operated by
    17  either:
    18    (A) a mutual company that continues to be organized and operated as  a
    19  mutual  company  and that has entered into and recorded a mutual company
    20  regulatory agreement; or
    21    (B) a mutual redevelopment company that continues to be organized  and
    22  operated as a mutual redevelopment company and that has entered into and
    23  recorded a mutual redevelopment company regulatory agreement.
    24    (13) "Eligible rental building" shall mean an existing building that:
    25    (A)  is a class A multiple dwelling in which all of the dwelling units
    26  are operated as rental housing;
    27    (B) is not operating in whole or in part as a hotel; and
    28    (C) satisfies one of the following conditions:
    29    (i) not less than fifty percent of the dwelling units in such building
    30  are affordable rental units;
    31    (ii) such building is owned and operated by a  limited-profit  housing
    32  company; or
    33    (iii)  such  building  is  the  recipient  of substantial governmental
    34  assistance.
    35    (14) "Existing building" shall mean an enclosed structure which:
    36    (A) is permanently affixed to the land;
    37    (B) has one or more floors and a roof;
    38    (C) is bounded by walls;
    39    (D) has at least one principal entrance utilized for day-to-day pedes-
    40  trian ingress and egress;
    41    (E) has a certificate of occupancy or equivalent document that  is  in
    42  effect prior to the commencement date; and
    43    (F)  exclusive of the land, has an assessed valuation of more than one
    44  thousand dollars for the fiscal year immediately preceding the commence-
    45  ment date.
    46    (15) "Homeownership average assessed valuation limitation" shall  mean
    47  an  average assessed valuation of forty-five thousand dollars per dwell-
    48  ing unit.
    49    (16) "Limited-profit housing company" shall have the same  meaning  as
    50  "company"  set  forth  in  section twelve of the private housing finance
    51  law.
    52    (17) "Market rental unit" shall mean a dwelling unit  in  an  eligible
    53  rental building other than an affordable rental unit.
    54    (18)  "Marketing  band"  shall  mean maximum rent amounts ranging from
    55  twenty percent of eighty percent of the area median income, adjusted for

        S. 4006                            88                            A. 3006

     1  family size, to thirty percent of eighty  percent  of  the  area  median
     2  income, adjusted for family size.
     3    (19)  "Minimum  scope  of work threshold" shall mean a total amount of
     4  certified reasonable cost established by rules and  regulations  of  the
     5  local  housing  agency,  provided that such amount shall be no less than
     6  one thousand five hundred dollars for each dwelling unit in existence on
     7  the completion date.
     8    (20) "Multiple dwelling" shall  have  the  meaning  as  set  forth  in
     9  section four of the multiple dwelling law.
    10    (21)  "Mutual  company" shall have the meaning as set forth in section
    11  twelve of the private housing finance law.
    12    (22) "Mutual company regulatory agreement" shall mean  a  binding  and
    13  irrevocable  agreement  between a mutual company and the commissioner of
    14  housing, the mutual company supervising agency, the New York city  hous-
    15  ing development corporation, or the New York state housing finance agen-
    16  cy  prohibiting the dissolution or reconstitution of such mutual company
    17  pursuant to section thirty-five of the private housing finance  law  for
    18  not  less  than  fifteen  years  from the commencement of rehabilitation
    19  program benefits for the existing building owned and  operated  by  such
    20  mutual company.
    21    (23)  "Mutual company supervising agency" shall have the same meaning,
    22  with respect to any mutual company, as "supervising agency" set forth in
    23  section two of the private housing finance law.
    24    (24) "Mutual redevelopment company" shall have  the  same  meaning  as
    25  "mutual"  when  applied  to  a  redevelopment  company,  as set forth in
    26  section one hundred two of the private housing finance law.
    27    (25) "Mutual redevelopment company regulatory agreement" shall mean  a
    28  binding and irrevocable agreement between a mutual redevelopment company
    29  and  the  commissioner of housing, the redevelopment company supervising
    30  agency, the New York city housing development corporation,  or  the  New
    31  York  state housing finance agency prohibiting the dissolution or recon-
    32  stitution of such mutual redevelopment company pursuant to  section  one
    33  hundred twenty-three of the private housing finance law until the earli-
    34  er of:
    35    (A)  fifteen  years  from  the  commencement of rehabilitation program
    36  benefits for the existing building owned and  operated  by  such  mutual
    37  redevelopment company; or
    38    (B)  the  expiration of any tax exemption granted to such mutual rede-
    39  velopment company pursuant to section one  hundred  twenty-five  of  the
    40  private housing finance law.
    41    (26)  "Redevelopment company" shall have the same meaning as set forth
    42  in section one hundred two of the private housing finance law.
    43    (27) "Redevelopment company supervising agency" shall  have  the  same
    44  meaning,  with  respect  to  any  redevelopment company, as "supervising
    45  agency" set forth in section one hundred  two  of  the  private  housing
    46  finance law.
    47    (28)  "Rehabilitation  program  benefits" shall mean abatement of real
    48  property taxes pursuant to this subdivision.
    49    (29) "Rent regulation" shall mean, collectively, the emergency housing
    50  rent control law, any local law enacted pursuant to the local  emergency
    51  housing rent control act, the rent stabilization law of nineteen hundred
    52  sixty-nine,  the  rent  stabilization  code,  and  the  emergency tenant
    53  protection act of nineteen seventy-four, all as  in  effect  as  of  the
    54  effective  date  of the chapter of the laws of two thousand twenty-three
    55  that added this subdivision, or as any such statute is amended thereaft-

        S. 4006                            89                            A. 3006

     1  er, together with  any  successor  statutes  or  regulations  addressing
     2  substantially the same subject matter.
     3    (30)  "Restriction period" shall mean, notwithstanding any termination
     4  or revocation of rehabilitation program benefits prior to  such  period,
     5  fifteen  years  from the initial receipt of rehabilitation program bene-
     6  fits, or such additional period of time as may be  imposed  pursuant  to
     7  clause (A) of subparagraph five of paragraph (e) of this subdivision.
     8    (31)  "Substantial  governmental assistance" shall mean grants, loans,
     9  or subsidies from any federal, state or  local  governmental  agency  or
    10  instrumentality  in  furtherance  of  a  program  for the development of
    11  affordable housing approved by the local housing agency,  provided  that
    12  such grants, loans, or subsidies are provided in accordance with a regu-
    13  latory  agreement  entered into with such agency or instrumentality that
    14  is in effect as of the filing date of the application for a  certificate
    15  of eligibility and reasonable cost.
    16    (32)  "Substantial  interest"  shall mean an ownership interest of ten
    17  percent or more.
    18    (b) Abatement. Notwithstanding the provisions of any other subdivision
    19  of this section or of any general, special or local law to the contrary,
    20  any city to which  the  multiple  dwelling  law  is  applicable,  acting
    21  through  its local legislative body or other governing agency, is hereby
    22  authorized and empowered, until and including June thirtieth, two  thou-
    23  sand  twenty-five, to adopt and amend local laws or ordinances providing
    24  an abatement of real property taxes on an  eligible  building  in  which
    25  eligible construction has been completed, provided that:
    26    (1)  such  abatement shall not exceed seventy percent of the certified
    27  reasonable cost of the eligible construction, as determined under  rules
    28  and regulations of the local housing agency;
    29    (2) such abatement shall not be effective for more than twenty years;
    30    (3)  the  annual  abatement  of  real  property taxes on such eligible
    31  building shall not exceed eight  and  one-third  percent  of  the  total
    32  certified reasonable cost of such eligible construction;
    33    (4)  the  annual  abatement  of  real  property taxes on such eligible
    34  building in any consecutive twelve-month period shall in no event exceed
    35  the amount of real property taxes payable in  such  twelve-month  period
    36  for  such  building,  provided,  however,  that such abatement shall not
    37  exceed fifty percent of the amount of real  property  taxes  payable  in
    38  such twelve-month period for any of the following:
    39    (A)  an  eligible  rental  building  owned by a limited-profit housing
    40  company or a redevelopment company; (B) an eligible homeownership build-
    41  ing; and
    42    (C) an eligible regulated homeownership building; and
    43    (5) such abatement shall become effective  beginning  with  the  first
    44  quarterly  tax  bill  immediately  following the date of issuance of the
    45  certificate of eligibility and reasonable cost.
    46    (c) Authority of city to adopt rules and regulations. Any  such  local
    47  law  or ordinance shall authorize the adoption of rules and regulations,
    48  not inconsistent with this subdivision, by the local housing agency  and
    49  any other local agency necessary for the implementation of this subdivi-
    50  sion.
    51    (d)  Applications.  (1)  Any such local law or ordinance shall require
    52  that an application for a certificate of eligibility and reasonable cost
    53  pursuant to this subdivision be made after the completion date and on or
    54  before the later of (A) four months from  the  effective  date  of  such
    55  local law or ordinance; or (B) four months from such completion date.

        S. 4006                            90                            A. 3006
 
     1    (2)  Such  application shall include evidence of eligibility for reha-
     2  bilitation program benefits and evidence of reasonable cost as shall  be
     3  satisfactory  to the local housing agency including, but not limited to,
     4  evidence showing the cost of eligible construction.
     5    (3) The local housing agency shall require a non-refundable filing fee
     6  that  shall  be  paid  by  a certified check or cashier's check upon the
     7  filing of an application for a certificate of eligibility and reasonable
     8  cost. Such fee shall be (A) one thousand dollars, plus (B)  seventy-five
     9  dollars  for  each  dwelling unit in excess of six dwelling units in the
    10  eligible building that is the subject of such application.
    11    (4) Any application that is filed pursuant to this paragraph  that  is
    12  missing  any  of  the  information and documentation required at initial
    13  filing by such local law or ordinance and any rules and  regulations  of
    14  the  local  housing agency shall be denied, provided that a new applica-
    15  tion for the same eligible construction, together with a new non-refund-
    16  able filing fee, may be filed within fifteen days of the date  of  issu-
    17  ance of such denial. If such second application is also missing any such
    18  required  information  and  documentation,  it  shall  be  denied and no
    19  further applications for the same eligible construction shall be permit-
    20  ted.
    21    (5) The failure of an applicant to respond  to  any  checklist  within
    22  thirty  days  of  the  date  of its issuance by the local housing agency
    23  shall result in denial of such application, and no further  applications
    24  for the same eligible construction shall be permitted. The local housing
    25  agency  shall  issue  not more than three checklists per application. An
    26  application for a certificate of eligibility and reasonable  cost  shall
    27  be denied when the local housing agency does not have a sufficient basis
    28  to  issue  a  certificate  of  eligibility and reasonable cost after the
    29  timely response of an applicant to the third checklist  concerning  such
    30  application.    After the local housing agency has denied an application
    31  for the reason described in the preceding sentence,  such  agency  shall
    32  permit no further applications for the same eligible construction.
    33    (6)  An  application  for  a certificate of eligibility and reasonable
    34  cost shall also include an affidavit of no harassment.
    35    (A) Such affidavit shall set forth the following information:
    36    (i) the name of every owner of  record  and  owner  of  a  substantial
    37  interest in the eligible building or entity owning the eligible building
    38  or sponsoring the eligible construction; and
    39    (ii)  a statement that none of such persons had, within the five years
    40  prior to the completion date, been found to have harassed or  unlawfully
    41  evicted  tenants  by  judgment  or  determination  of a court or agency,
    42  including a non-governmental agency having appropriate  legal  jurisdic-
    43  tion,  under  the  penal law, any state or local law regulating rents or
    44  any state or local law relating to harassment  of  tenants  or  unlawful
    45  eviction.
    46    (B)  No  eligible building shall be eligible for an abatement pursuant
    47  to paragraph (b) of this subdivision where:
    48    (i) any affidavit required under this subparagraph has not been filed;
    49    (ii) any such affidavit contains a willful misrepresentation or  omis-
    50  sion of any material fact; or
    51    (iii)  any  owner  of record or owner of a substantial interest in the
    52  eligible building or entity owning the eligible building  or  sponsoring
    53  the  eligible  construction has been found, by judgment or determination
    54  of a court or agency, including a non-governmental agency having  appro-
    55  priate  legal  jurisdiction, under the penal law, any state or local law
    56  regulating rents or any state or local law  relating  to  harassment  of

        S. 4006                            91                            A. 3006
 
     1  tenants  or  unlawful  eviction, to have, within the five years prior to
     2  the completion date, harassed or unlawfully evicted tenants,  until  and
     3  unless the finding is reversed on appeal.
     4    (C)  Notwithstanding  the  provisions of any general, special or local
     5  law to the contrary, the corporation counsel or  other  legal  represen-
     6  tative  of  a  city  having  a  population of one million or more or the
     7  district attorney of any county, may institute an action  or  proceeding
     8  in any court of competent jurisdiction that may be appropriate or neces-
     9  sary  to determine whether any owner of record or owner of a substantial
    10  interest in the eligible building or entity owning the eligible building
    11  or sponsoring the  eligible  construction  has  harassed  or  unlawfully
    12  evicted tenants as described in this subparagraph.
    13    (7)  Notwithstanding  the  provisions of any general, special or local
    14  law to the contrary, the local housing agency may require by  rules  and
    15  regulations  that  an  application  for a certificate of eligibility and
    16  reasonable cost be filed electronically.
    17    (e) Additional requirements for an eligible rental building other than
    18  one owned and operated by a limited-profit  housing  company.  Any  such
    19  local  law  or  ordinance  shall, in addition to all other conditions of
    20  eligibility for rehabilitation program benefits set forth in this subdi-
    21  vision, require that an eligible rental building, other than  one  owned
    22  and  operated  by a limited-profit housing company, also comply with all
    23  provisions of this paragraph. Notwithstanding the foregoing, an eligible
    24  rental building  that  is  the  recipient  of  substantial  governmental
    25  assistance  shall  not  be  required  to  comply  with the provisions of
    26  subparagraph three of this paragraph.
    27    (1) Notwithstanding any provision of rent regulation to the  contrary,
    28  any  market  rental unit within such eligible rental building subject to
    29  rent regulation as of the filing date of the application for  a  certif-
    30  icate  of eligibility and reasonable cost and any affordable rental unit
    31  within such eligible rental building shall be subject to rent regulation
    32  until such unit  first  becomes  vacant  after  the  expiration  of  the
    33  restriction  period  at which time such unit, unless it would be subject
    34  to rent regulation for reasons other than the provisions of this  subdi-
    35  vision,  shall  be  deregulated,  provided,  however,  that  during  the
    36  restriction period, no exemption or exclusion from  any  requirement  of
    37  rent regulation shall apply to such dwelling units.
    38    (2)  Additional  requirements  for an eligible rental building that is
    39  not a recipient of substantial governmental assistance.
    40    (A) Not less than fifty percent of the dwelling units in such eligible
    41  rental building shall be designated as affordable rental units.
    42    (B) The owner of such eligible rental building shall  ensure  that  no
    43  affordable rental unit is held off the market for a period that is long-
    44  er than reasonably necessary.
    45    (C)  The  owner  of  such  eligible  rental  building  shall waive the
    46  collection of any major capital improvement rent increase granted by the
    47  New York state division of housing and  community  renewal  pursuant  to
    48  rent  regulation that is attributable to eligible construction for which
    49  such eligible rental building receives rehabilitation program  benefits,
    50  and shall file a declaration with the New York state division of housing
    51  and community renewal providing such waiver.
    52    (D)  An  affordable  rental  unit  shall not be rented on a temporary,
    53  transient or short-term basis. Every lease and renewal  thereof  for  an
    54  affordable  rental  unit shall be for a term of one or two years, at the
    55  option of the tenant, and shall include a notice  in  at  least  twelve-
    56  point type informing such tenant of their rights pursuant to this subdi-

        S. 4006                            92                            A. 3006
 
     1  vision,  including  an explanation of the restrictions on rent increases
     2  that may be imposed on such affordable rental unit.
     3    (E)  The  local  housing agency may establish by rules and regulations
     4  such requirements as the local housing agency deems necessary or  appro-
     5  priate  for  designating  affordable  rental  units,  including, but not
     6  limited to, designating the unit mix and  distribution  requirements  of
     7  such affordable rental units in an eligible building.
     8    (3)  The owner of such eligible rental building shall not engage in or
     9  cause any harassment of the tenants of such eligible rental building  or
    10  unlawfully evict any such tenants during the restriction period.
    11    (4)  No  dwelling  units within such eligible rental building shall be
    12  converted to cooperative or condominium ownership during the restriction
    13  period.
    14    (5) Any  non-compliance  of  an  eligible  rental  building  with  the
    15  provisions  of  this  paragraph shall permit the local housing agency to
    16  take the following action:
    17    (A) extend the restriction period;
    18    (B) increase the number of affordable rental units  in  such  eligible
    19  rental building;
    20    (C)  impose  a  penalty  of  not more than the product of one thousand
    21  dollars per instance of non-compliance and the number of dwelling  units
    22  contained in such eligible rental building; and
    23    (D) terminate or revoke any rehabilitation program benefits in accord-
    24  ance with paragraph (m) of this subdivision.
    25    (f)  Compliance  with  applicable law. Any such local law or ordinance
    26  may also provide that  rehabilitation  program  benefits  shall  not  be
    27  allowed  for any eligible building unless and until such eligible build-
    28  ing complies with all applicable provisions of law.
    29    (g) Implementation of rehabilitation program benefits.  Upon  issuance
    30  of  a  certificate  of  eligibility  and  reasonable cost and payment of
    31  outstanding fees, the local housing agency shall be authorized to trans-
    32  mit such certificate of eligibility and reasonable  cost  to  the  local
    33  agency  responsible for real property tax assessment.  Upon receipt of a
    34  certificate of eligibility and reasonable cost, the local agency respon-
    35  sible for real property tax assessment shall certify the amount of taxes
    36  to be abated pursuant to paragraph (b) of this subdivision and  pursuant
    37  to  such  certificate of eligibility and reasonable cost provided by the
    38  local housing agency.
    39    (h) Outstanding taxes and charges. Any such  local  law  or  ordinance
    40  shall  also  provide  that  rehabilitation program benefits shall not be
    41  allowed for an eligible building in either of the following cases:
    42    (1) there are outstanding real estate taxes or water and sewer charges
    43  or payments in lieu of taxes that are due and owing as of the  last  day
    44  of  the  tax period preceding the date of the receipt of the certificate
    45  of eligibility and reasonable cost by the local agency  responsible  for
    46  real property tax assessment; or
    47    (2)  real  estate  taxes  or  water  and sewer charges due at any time
    48  during the authorized term of such benefits remain unpaid for  one  year
    49  after the same are due and payable.
    50    (i) Additional limitations on eligibility. Any such local law or ordi-
    51  nance shall also provide that:
    52    (1)  rehabilitation  program  benefits  shall  not  be allowed for any
    53  eligible building receiving tax exemption or abatement concurrently  for
    54  rehabilitation or new construction under any other provision of state or
    55  local  law  or ordinance with the exception of any eligible construction

        S. 4006                            93                            A. 3006
 
     1  to an eligible building receiving a tax exemption or abatement under the
     2  provisions of the private housing finance law;
     3    (2)  rehabilitation program benefits shall not be allowed for any item
     4  of eligible construction in an eligible building if such eligible build-
     5  ing is receiving tax exemption or abatement for the same  or  a  similar
     6  item  of eligible construction as of the December thirty-first preceding
     7  the date of application for a certificate of eligibility and  reasonable
     8  cost for such rehabilitation program benefits;
     9    (3)  where the eligible construction includes or benefits a portion of
    10  an eligible building that is not occupied  for  dwelling  purposes,  the
    11  assessed  valuation of such eligible building and the cost of the eligi-
    12  ble construction shall be apportioned  so  that  rehabilitation  program
    13  benefits  shall not be provided for eligible construction made for other
    14  than dwelling purposes; and
    15    (4) rehabilitation program benefits shall not be applied to  abate  or
    16  reduce  the  taxes  upon  the land portion of real property, which shall
    17  continue to be taxed based upon the assessed valuation of the  land  and
    18  the applicable tax rate at the time such taxes are levied.
    19    (j)  Re-inspection penalty. Any such local law or ordinance shall also
    20  provide that if the local housing  agency  cannot  verify  the  eligible
    21  construction  claimed  by  an applicant upon the first inspection by the
    22  local housing agency of the eligible building, such applicant  shall  be
    23  required  to  pay ten times the actual cost of any additional inspection
    24  needed to verify such eligible construction.
    25    (k) Strict liability for inaccurate applications. Any such  local  law
    26  or  ordinance shall also provide that if the local housing agency deter-
    27  mines that an application for a certificate of eligibility  and  reason-
    28  able  cost  contains  a material misstatement of fact, the local housing
    29  agency may reject such application and bar the submission of  any  other
    30  application  pursuant  to this subdivision with respect to such eligible
    31  building for a period not to exceed three years. An applicant shall  not
    32  be relieved from liability under this paragraph because it submitted its
    33  application under a mistaken belief of fact.  Furthermore, any person or
    34  entity  that files more than six applications containing such a material
    35  misstatement of fact within any twelve-month period shall be barred from
    36  submitting any new application for rehabilitation  program  benefits  on
    37  behalf of any eligible building for a period not to exceed five years.
    38    (l)  Investigatory  authority.  Any  such local law or ordinance shall
    39  also allow the local housing agency to require such  certifications  and
    40  consents  necessary  to  access records, including other tax records, as
    41  may be deemed appropriate to enforce  the  eligibility  requirements  of
    42  this  subdivision. Any such local law or ordinance shall further provide
    43  that, for purposes of determining and certifying eligibility  for  reha-
    44  bilitation  program  benefits  and  the  reasonable cost of any eligible
    45  construction, the local housing agency shall be authorized to:
    46    (1) administer oaths to and take the testimony of any person,  includ-
    47  ing, but not limited to, the owner of such eligible building;
    48    (2)  issue  subpoenas requiring the attendance of such persons and the
    49  production of any bills, books, papers or other documents as it may deem
    50  necessary;
    51    (3) make preliminary estimates of the maximum reasonable cost of  such
    52  eligible construction;
    53    (4)  establish maximum allowable costs of specified units, fixtures or
    54  work in such eligible construction;
    55    (5) require the submission of plans and specifications of such  eligi-
    56  ble construction before the commencement thereof;

        S. 4006                            94                            A. 3006
 
     1    (6) require physical access to inspect the eligible building; and
     2    (7)  on  an  annual  basis,  require  the submission of leases for any
     3  dwelling unit in a building granted a  certificate  of  eligibility  and
     4  reasonable cost.
     5    (m)  Termination  or revocation. Any such local law or ordinance shall
     6  provide that failure to comply with the provisions of this  subdivision,
     7  any  such  local law or ordinance, any rules and regulations promulgated
     8  thereunder, or any mutual company regulatory agreement or  mutual  rede-
     9  velopment  company  regulatory  agreement  entered  into thereunder, may
    10  result in revocation of any rehabilitation program benefits  retroactive
    11  to  the  commencement  thereof. Such termination or revocation shall not
    12  exempt  such  eligible  building  from  continued  compliance  with  the
    13  requirements  of  this  subdivision,  such  local law or ordinance, such
    14  rules and regulations, and such mutual company regulatory  agreement  or
    15  mutual redevelopment company regulatory agreement.
    16    (n)  Criminal  liability  for unauthorized uses. Any such local law or
    17  ordinance shall also provide that in the event  that  any  recipient  of
    18  rehabilitation  program benefits uses any dwelling unit in such eligible
    19  building in violation of the requirements of such local law or ordinance
    20  as adopted pursuant to this subdivision and any  rules  and  regulations
    21  promulgated  pursuant  thereto,  such  recipient  shall  be guilty of an
    22  unclassified misdemeanor punishable by a fine in an amount equivalent to
    23  double the value of the gain of such recipient from such unlawful use or
    24  imprisonment for not more than ninety days, or both.
    25    (o) Private right of  action.  Any  prospective,  present,  or  former
    26  tenant  of  an  eligible rental building may sue to enforce the require-
    27  ments and prohibitions of this subdivision, any such local law or  ordi-
    28  nance,  or  any  rules  and  regulations  promulgated thereunder, in the
    29  supreme court of New York. Any such individual harmed  by  reason  of  a
    30  violation  of such requirements and prohibitions may sue therefor in the
    31  supreme court of New York on behalf of himself  or  herself,  and  shall
    32  recover  threefold  the  damages  sustained  and  the  cost of the suit,
    33  including a reasonable attorney's fee. The local housing agency may  use
    34  any  court decision under this paragraph that is adverse to the owner of
    35  an eligible building  as  the  basis  for  further  enforcement  action.
    36  Notwithstanding  any other provision of law, an action by a tenant of an
    37  eligible rental building under this paragraph must be  commenced  within
    38  six years from the date of the latest violation.
    39    (p)  Appointment of receiver. In addition to the remedies for non-com-
    40  pliance provided for in subparagraph  five  of  paragraph  (e)  of  this
    41  subdivision,  any  such local law or ordinance may also provide that the
    42  local housing agency may make  application  for  the  appointment  of  a
    43  receiver  in  accordance with the procedures contained in such local law
    44  or ordinance. Any receiver appointed pursuant to this paragraph shall be
    45  authorized, in addition to any other powers conferred by law, to  effect
    46  compliance  with  the  provisions of this subdivision, such local law or
    47  ordinance, and rules and regulations of the local  housing  agency.  Any
    48  expenditures  incurred  by  the receiver to effect such compliance shall
    49  constitute a debt of the owner and a lien upon the  property,  and  upon
    50  the  rents  and  income  thereof,  in  accordance  with  the  procedures
    51  contained in such local law or ordinance. The local  housing  agency  in
    52  its  discretion  may  provide  funds to be expended by the receiver, and
    53  such funds shall constitute a debt recoverable from the owner in accord-
    54  ance with applicable local laws or ordinances.
    55    (r) Authority of city to limit local  law.  Where  a  city  enacts  or
    56  amends  a  local law or ordinance under this subdivision, such local law

        S. 4006                            95                            A. 3006
 
     1  or ordinance may restrict, limit or condition the eligibility, scope  or
     2  amount  of  rehabilitation program benefits under the local law or ordi-
     3  nance in any manner, provided that the local law or  ordinance  may  not
     4  grant  rehabilitation  program  benefits  beyond  those provided in this
     5  subdivision.
     6    § 2. This act shall take effect immediately.
 
     7                                   PART N
 
     8    Section 1. The real property tax  law  is  amended  by  adding  a  new
     9  section 421-p to read as follows:
    10    §  421-p. Exemption of newly-constructed rental multiple dwellings. 1.
    11  (a) A city, town or village may, by local law, provide for the exemption
    12  of rental multiple dwellings constructed in a benefit area designated in
    13  such local law from taxation and special ad valorem levies, as  provided
    14  in  this  section.  Subsequent  to the adoption of such a local law, any
    15  other municipal corporation in which  the  designated  benefit  area  is
    16  located  may likewise exempt such property from its taxation and special
    17  ad valorem levies by local law, or in the case of a school district,  by
    18  resolution.
    19    (b)  As  used  in this section, the term "benefit area" means the area
    20  within a city, town or village, designated by local  law,  to  which  an
    21  exemption, established pursuant to this section, applies.
    22    (c)  The term "rental multiple dwelling" means a structure, other than
    23  a hotel, consisting of twenty or more dwelling units, where all  of  the
    24  units  are  rented for residential purposes, and at least twenty percent
    25  of such units, upon initial  rental  and  upon  each  subsequent  rental
    26  following   a   vacancy   during  the  restriction  period  or  extended
    27  restriction period, as applicable, is affordable to  and  restricted  to
    28  occupancy  by  individuals  or  families whose household income does not
    29  exceed eighty percent of the area median  income,  adjusted  for  family
    30  size, on average, at the time that such households initially occupy such
    31  dwelling units, provided further that all of the income restricted units
    32  upon  initial rental and upon each subsequent rental following a vacancy
    33  during the restriction period or extended restriction period, as  appli-
    34  cable, shall be affordable to and restricted to occupancy by individuals
    35  or  families  whose household income does not exceed one hundred percent
    36  of the area median income, adjusted for family size, at  the  time  that
    37  such  households  initially occupy such dwelling units. Such restriction
    38  period shall be in effect coterminous with the benefit period, provided,
    39  however, that the tenant or tenants in  an  income  restricted  dwelling
    40  unit  at  the  time such restriction period ends shall have the right to
    41  lease renewals at the income restricted level until such  time  as  such
    42  tenant or tenants permanently vacate the dwelling unit.
    43    2.  Eligible  newly-constructed  rental multiple dwellings in a desig-
    44  nated benefit area shall be wholly  exempt  from  taxation  while  under
    45  construction,  subject  to a maximum of three years. Such property shall
    46  then be exempt for an additional period of twenty-five years,  provided,
    47  that  the  exemption percentage during such additional period of twenty-
    48  five years shall begin at ninety-six percent and shall decrease by  four
    49  percent each year thereafter. Provided, however:
    50    (a)  Taxes  shall  be paid during the exemption period in an amount at
    51  least equal to the taxes paid on such land and any improvements  thereon
    52  during the tax year preceding the commencement of such exemption.
    53    (b)  No  other  exemption  may  be  granted  concurrently  to the same
    54  improvements under any other section of law.

        S. 4006                            96                            A. 3006
 
     1    3. To be eligible for exemption under this section, such  construction
     2  shall  take place on vacant, predominantly vacant or underutilized land,
     3  or on land improved with a non-conforming use or on land containing  one
     4  or  more  substandard  or  structurally unsound dwellings, or a dwelling
     5  that has been certified as unsanitary by the local health agency.
     6    4.  Application  for  exemption  under this section shall be made on a
     7  form prescribed by the commissioner and filed with the  assessor  on  or
     8  before the applicable taxable status date.
     9    5.  In  the case of newly constructed property which is used partially
    10  as a rental multiple dwelling and  partially  for  commercial  or  other
    11  purposes,  the portion of the newly constructed property that is used as
    12  a rental multiple dwelling shall be eligible for the  exemption  author-
    13  ized by this section if:
    14    (a) The square footage of the portion used as a rental multiple dwell-
    15  ing  represents  at  least  fifty  percent  of the square footage of the
    16  entire property;
    17    (b) The rental units are affordable  to  individuals  or  families  as
    18  determined  according  to  the  criteria  set  forth in paragraph (c) of
    19  subdivision one of this section; and
    20    (c) The requirements of this  section  are  otherwise  satisfied  with
    21  respect  to the portion of the property used as a rental multiple dwell-
    22  ing.
    23    6. The exemption authorized by this section shall not be available  in
    24  a city with a population of one million or more.
    25    7.  Any recipient of the exemption authorized by this section or their
    26  designee shall certify compliance with the provisions  of  this  section
    27  under  penalty  of  perjury, at such time or times and in such manner as
    28  may be prescribed in the local law adopted by the city, town or  village
    29  pursuant  to  paragraph  (a) of subdivision one of this section, or by a
    30  subsequent local law. Such city, town  or  village  may  establish  such
    31  procedures as it deems necessary for monitoring and enforcing compliance
    32  of an eligible building with the provisions of this section.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART O
 
    35    Section  1.  The  real  property  tax  law  is amended by adding a new
    36  section 421-p to read as follows:
    37    §  421-p.  Exemption  of  capital  improvements  to  residential   new
    38  construction  involving  the  creation  of  accessory dwelling units. 1.
    39  Residential  buildings  reconstructed,  altered,  improved,   or   newly
    40  constructed in order to create one or more additional residential dwell-
    41  ing  units  on the same parcel as a pre-existing residential building to
    42  provide independent living facilities for one or more persons subsequent
    43  to the effective date of a local law or resolution enacted  pursuant  to
    44  this section shall be exempt from taxation and special ad valorem levies
    45  to  the extent provided hereinafter. After a public hearing, the govern-
    46  ing board of a county, city, town or village may adopt a local law and a
    47  school district, other than a school district subject to article  fifty-
    48  two  of the education law, may adopt a resolution to grant the exemption
    49  authorized pursuant to this section. A copy of such local law or  resol-
    50  ution  shall  be  filed  with  the commissioner and the assessor of such
    51  county, city, town or village who prepares the assessment roll on  which
    52  the  taxes  of  such  county, city, town, village or school district are
    53  levied.

        S. 4006                            97                            A. 3006
 
     1    2. (a) Such buildings shall be exempt for a period of  five  years  to
     2  the  extent  of one hundred per centum of the increase in assessed value
     3  thereof attributable to such reconstruction, alteration, improvement, or
     4  new construction for such additional  residential  unit  or  units  that
     5  provide  independent  living facilities for one or more persons, and for
     6  an additional period of five years subject to the following:
     7    (i) The extent of such exemption shall be decreased by twenty-five per
     8  centum of the "exemption base" for each of the first three years  during
     9  such  additional  period  and  shall  be  decreased by a further ten per
    10  centum of the "exemption base" during each of the  final  two  years  of
    11  such  additional  period.  The  exemption shall expire at the end of the
    12  extended period.  The "exemption base" shall be the increase in assessed
    13  value as determined in the initial year of the term  of  the  exemption,
    14  except as provided in subparagraph (ii) of this paragraph.
    15    (ii)  In  any year in which a change in level of assessment of fifteen
    16  percent or more is certified for a final assessment roll pursuant to the
    17  rules of the commissioner, the exemption base shall be multiplied  by  a
    18  fraction,  the  numerator  of which shall be the total assessed value of
    19  the parcel on such final assessment roll (after accounting for any phys-
    20  ical or quantity changes to the parcel since the  immediately  preceding
    21  assessment  roll),  and  the  denominator  of  which  shall be the total
    22  assessed value of the parcel on the immediately preceding final  assess-
    23  ment  roll.  The  result  shall be the new exemption base. The exemption
    24  shall thereupon be recomputed to take into  account  the  new  exemption
    25  base,  notwithstanding the fact that the assessor receives certification
    26  of the change in level of assessment after the completion,  verification
    27  and  filing of the final assessment roll. In the event the assessor does
    28  not have custody of the roll when such certification  is  received,  the
    29  assessor  shall  certify  the recomputed exemption to the local officers
    30  having custody and control of the roll,  and  such  local  officers  are
    31  hereby  directed and authorized to enter the recomputed exemption certi-
    32  fied by the assessor on the roll. The assessor shall give written notice
    33  of such recomputed exemption to the property owner, who may,  if  he  or
    34  she  believes that the exemption was recomputed incorrectly, apply for a
    35  correction in the manner provided by title three of article five of this
    36  chapter for the correction of clerical errors.
    37    (iii) Such exemption shall be limited to two hundred thousand  dollars
    38  in  increased  market  value of the property attributable to such recon-
    39  struction, alteration, improvement, or new construction and any increase
    40  in market value greater than such amount shall not be eligible  for  the
    41  exemption  pursuant  to  this section. For the purposes of this section,
    42  the market value of the reconstruction, alteration, improvement, or  new
    43  construction  as  authorized by subdivision one of this section shall be
    44  equal to the  increased  assessed  value  attributable  to  such  recon-
    45  struction,  alteration,  improvement  or new construction divided by the
    46  class one ratio in a special assessing unit or the most recently  estab-
    47  lished  state  equalization  rate  or  special  equalization rate in the
    48  remainder of the state, except where  the  state  equalization  rate  or
    49  special  equalization  rate  equals  or  exceeds ninety-five percent, in
    50  which case the increase in assessed value attributable  to  such  recon-
    51  struction,  alteration,  improvement or new construction shall be deemed
    52  to equal the market value of such reconstruction,  alteration,  improve-
    53  ment, or new construction.
    54    (b)  No  such  exemption  shall  be granted for reconstruction, alter-
    55  ations, improvements, or new construction unless:

        S. 4006                            98                            A. 3006

     1    (i) such reconstruction, alteration, improvement, or new  construction
     2  was  commenced  subsequent  to  the  effective  date of the local law or
     3  resolution adopted pursuant to subdivision one of this section; and
     4    (ii) the value of such reconstruction, alteration, improvement, or new
     5  construction exceeds three thousand dollars; and
     6    (iii)   such   reconstruction,   alteration,   improvement,   or   new
     7  construction created one or more additional residential  dwelling  units
     8  on  the  same  parcel as the preexisting residential building to provide
     9  independent living facilities for one or more persons.
    10    (c) For purposes of this section the terms reconstruction, alteration,
    11  improvement, and new construction shall not include ordinary maintenance
    12  and repairs.
    13    3. Such exemption shall be granted only upon application by the  owner
    14  of  such building on a form prescribed by the commissioner. The applica-
    15  tion shall be filed with the assessor of  the  city,  town,  village  or
    16  county having the power to assess property for taxation on or before the
    17  appropriate taxable status date of such city, town, village or county.
    18    4.  If satisfied that the applicant is entitled to an exemption pursu-
    19  ant to this section, the assessor shall approve the application and such
    20  building shall thereafter be exempt from taxation and special ad valorem
    21  levies as herein provided commencing with the assessment  roll  prepared
    22  on the basis of the taxable status date referred to in subdivision three
    23  of this section. The assessed value of any exemption granted pursuant to
    24  this  section  shall  be  entered by the assessor on the assessment roll
    25  with the taxable property, with the amount of the exemption shown  in  a
    26  separate column.
    27    5. For the purposes of this section, a residential building shall mean
    28  any building or structure designed and occupied exclusively for residen-
    29  tial purposes by not more than two families.
    30    6.  In the event that a building granted an exemption pursuant to this
    31  section ceases to be used primarily for residential purposes,  or  title
    32  thereto  is  transferred  to other than the heirs or distributees of the
    33  owner, the exemption granted pursuant to this section shall cease.
    34    7. (a) A county, city, town or village  may,  by  its  local  law,  or
    35  school district, by its resolution:
    36    (i)  reduce  the per centum of exemption otherwise allowed pursuant to
    37  this section;
    38    (ii) limit eligibility for the exemption  to  those  forms  of  recon-
    39  struction,   alterations,  improvements,  or  new  construction  as  are
    40  prescribed in such local law or resolution.
    41    (b) No such local law or resolution shall repeal an exemption  granted
    42  pursuant  to  this  section until the expiration of the period for which
    43  such exemption was granted.
    44    § 2. This act shall take effect immediately and shall apply to assess-
    45  ment rolls based on taxable status dates  occurring  on  or  after  such
    46  effective date.

    47                                   PART P
 
    48    Section  1. Paragraph a of subdivision 3 of section 224-a of the labor
    49  law, as added by section 1 of Part FFF of chapter  58  of  the  laws  of
    50  2020, is amended to read as follows:
    51    a.  Benefits  under  section four hundred twenty-one-a or four hundred
    52  sixty-seven-m of the real property tax law;
    53    § 2. The real property tax law is amended  by  adding  a  new  section
    54  467-m to read as follows:

        S. 4006                            99                            A. 3006
 
     1    § 467-m. Exemption from local real property taxation of certain multi-
     2  ple  dwellings in a city having a population of one million or more.  1.
     3  Definitions. For purposes of this section,  the  following  terms  shall
     4  have the following meanings:
     5    a. "Affordable housing from commercial conversions tax incentive bene-
     6  fits" hereinafter referred to as "AHCC program benefits", shall mean the
     7  exemption  from  real  property  taxation  authorized  pursuant  to this
     8  section.
     9    b. "Affordability requirement" shall mean  that  within  any  eligible
    10  multiple  dwelling:  (i)  not  less  than twenty percent of the dwelling
    11  units are affordable housing units; (ii) not less than five  percent  of
    12  the dwelling units are affordable housing forty percent units; (iii) the
    13  weighted  average  of all income bands for all of the affordable housing
    14  units does not  exceed  seventy  percent  of  the  area  median  income,
    15  adjusted for family size; (iv) there are no more than three income bands
    16  for  all  of  the  affordable  housing units; and (v) no income band for
    17  affordable housing units exceeds one hundred percent of the area  median
    18  income, adjusted for family size.
    19    c.  "Affordable housing forty percent unit" shall mean a dwelling unit
    20  that: (i) is situated within the eligible multiple  dwelling  for  which
    21  AHCC program benefits are granted; and (ii) upon initial rental and upon
    22  each  subsequent rental following a vacancy during the restriction peri-
    23  od, is affordable to and restricted to occupancy by individuals or fami-
    24  lies whose household income does not exceed forty percent  of  the  area
    25  median income, adjusted for family size, at the time that such household
    26  initially occupies such dwelling unit.
    27    d.  "Affordable housing unit" shall mean, collectively and individual-
    28  ly: (i) an affordable housing forty percent unit;  and  (ii)  any  other
    29  unit that meets the affordability requirement upon initial occupancy and
    30  upon  each  subsequent rental following a vacancy during the restriction
    31  period, and is affordable to and restricted to occupancy by  individuals
    32  or  families  whose  household  income  does not exceed the income bands
    33  established in conjunction with such affordability requirement.
    34    e. "Agency" shall mean the New York city department of housing preser-
    35  vation and development.
    36    f. "Application" shall mean an application for AHCC program benefits.
    37    g. "Building service employee" shall mean any person who is  regularly
    38  employed  at,  and  performs work in connection with the care or mainte-
    39  nance of, an eligible multiple dwelling, including, but not limited  to,
    40  a watchman, guard, doorman, building cleaner, porter, handyman, janitor,
    41  gardener,  groundskeeper,  elevator  operator  and  starter,  and window
    42  cleaner, but not including persons regularly  scheduled  to  work  fewer
    43  than eight hours per week at such eligible multiple dwelling.
    44    h.  "Commencement  date"  shall  mean  the  date upon which the actual
    45  construction of the eligible conversion lawfully begins in good faith.
    46    i. "Completion date" shall mean the date upon which the local  depart-
    47  ment of buildings issues the first temporary or permanent certificate of
    48  occupancy  covering all residential areas of an eligible multiple dwell-
    49  ing.
    50    j. "Construction period" shall mean,  with  respect  to  any  eligible
    51  multiple dwelling, a period: (i) beginning on the later of the commence-
    52  ment  date or three years before the completion date; and (ii) ending on
    53  the day preceding the completion date.
    54    k. "Dwelling" or "dwellings" shall have the same meaning as set  forth
    55  in subdivision four of section four of the multiple dwelling law.

        S. 4006                            100                           A. 3006
 
     1    l.  "Eligible  conversion" shall mean the conversion of a non-residen-
     2  tial building to an eligible multiple dwelling.
     3    m.  "Eligible  multiple  dwelling"  shall  mean a multiple dwelling in
     4  which: (i) all dwelling units included in any application  are  operated
     5  as  rental  housing;  (ii)  six or more dwelling units have been created
     6  through an eligible conversion; (iii) the  commencement  date  is  after
     7  December thirty-first, two thousand twenty-two and on or before December
     8  thirty-first,  two  thousand thirty-two; and (iv) the completion date is
     9  on or before December thirty-first, two thousand thirty-eight.
    10    n. "Fiscal officer" shall mean  the  comptroller  or  other  analogous
    11  officer in a city having a population of one million or more.
    12    o. "Floor area" shall mean the horizontal areas of the several floors,
    13  or any portion thereof, of a dwelling or dwellings, and accessory struc-
    14  tures  on  a  lot measured from the exterior faces of exterior walls, or
    15  from the center line of party walls.
    16    p. "Income band" shall mean a percentage of the  area  median  income,
    17  adjusted for family size, that is a multiple of ten percent.
    18    q.  "Manhattan  prime  development  area"  shall  mean any tax lot now
    19  existing or hereafter created which is located entirely  south  of  96th
    20  street in the borough of Manhattan.
    21    r.  "Market  unit"  shall mean a dwelling unit in an eligible multiple
    22  dwelling other than an affordable housing unit.
    23    s. "Marketing band" shall mean maximum rent amounts ranging from twen-
    24  ty percent to thirty percent of the area median income or  income  band,
    25  respectively, that is applicable to a specific affordable housing unit.
    26    t.  "Multiple  dwelling"  shall  have the same meaning as set forth in
    27  subdivision seven of section four of the multiple dwelling law.
    28    u. "Nineteen-year benefit" shall mean: (i) for the construction  peri-
    29  od,  a  one hundred percent exemption from real property taxation, other
    30  than assessments for local improvements;  (ii)  for  the  first  fifteen
    31  years of the restriction period, (A) within the Manhattan prime develop-
    32  ment  area, a fifty percent exemption from real property taxation, other
    33  than assessments for local improvements, and (B) outside of the  Manhat-
    34  tan  prime  development  area, a thirty-five percent exemption from real
    35  property taxation, other than assessments for local improvements;  (iii)
    36  for the sixteenth year of the restriction period, (A) within the Manhat-
    37  tan prime development area, a forty percent exemption from real property
    38  taxation, other than assessments for local improvements, and (B) outside
    39  of   the  Manhattan  prime  development  area,  a  twenty-eight  percent
    40  exemption from real property taxation, other than assessments for  local
    41  improvements;  (iv)  for the seventeenth year of the restriction period,
    42  (A) within the  Manhattan  prime  development  area,  a  thirty  percent
    43  exemption  from real property taxation, other than assessments for local
    44  improvements, and (B) outside of the Manhattan prime development area, a
    45  twenty-one percent exemption from real  property  taxation,  other  than
    46  assessments  for  local improvements; (v) for the eighteenth year of the
    47  restriction period, (A) within the Manhattan prime development  area,  a
    48  twenty percent exemption from real property taxation, other than assess-
    49  ments  for  local  improvements,  and (B) outside of the Manhattan prime
    50  development area, a fourteen percent exemption from real property  taxa-
    51  tion,  other  than  assessments for local improvements; and (vi) for the
    52  nineteenth year of the restriction  period,  (A)  within  the  Manhattan
    53  prime development area, a ten percent exemption from real property taxa-
    54  tion,  other than assessments for local improvements, and (B) outside of
    55  the Manhattan prime development area, a  seven  percent  exemption  from
    56  real property taxation, other than assessments for local improvements.

        S. 4006                            101                           A. 3006
 
     1    v.  "Non-residential  building" shall mean a structure or portion of a
     2  structure having at least one floor, a roof and  at  least  three  walls
     3  enclosing all or most of the space used in connection with the structure
     4  or  portion  of  the structure, which has a certificate of occupancy for
     5  commercial, manufacturing or other non-residential use for not less than
     6  ninety  percent of the aggregate floor area of such structure or portion
     7  of such structure, or other proof of  such  non-residential  use  as  is
     8  acceptable to the agency.
     9    w.  "Non-residential  tax  lot"  shall  mean  a  tax lot that does not
    10  contain any dwelling units.
    11    x. "Rent stabilization" shall mean, collectively, the rent  stabiliza-
    12  tion  law  of  nineteen hundred sixty-nine, the rent stabilization code,
    13  and the emergency tenant protection act of nineteen seventy-four, all as
    14  in effect as of the effective date of this section or as amended  there-
    15  after,  together  with  any successor statutes or regulations addressing
    16  substantially the same subject matter.
    17    y. "Residential tax lot" shall mean a tax lot that  contains  dwelling
    18  units.
    19    z.  "Restriction  period"  shall  mean  a  period  commencing  on  the
    20  completion date and extending in perpetuity, notwithstanding any earlier
    21  termination or revocation of AHCC program benefits.
    22    2. Benefit. In cities having a population  of  one  million  or  more,
    23  notwithstanding  the  provisions  of any other general, special or local
    24  law to the contrary, a new eligible multiple dwelling, except  a  hotel,
    25  that  complies  with the provisions of this section shall be exempt from
    26  real property taxation, other than assessments for  local  improvements,
    27  in  the  amounts and for the periods specified in this section, provided
    28  that such eligible multiple dwelling is used or held  out  for  use  for
    29  dwelling  purposes.  An eligible multiple dwelling that meets all of the
    30  requirements of this section shall receive a nineteen-year benefit.
    31    3. Tax payments. In addition to any other amounts payable pursuant  to
    32  this section, the owner of any eligible multiple dwelling receiving AHCC
    33  program  benefits shall pay, in each tax year in which such AHCC program
    34  benefits are in effect, all assessments for local improvements.
    35    4. Limitation on benefits for non-residential space. If the  aggregate
    36  floor  area of commercial, community facility and accessory use space in
    37  an eligible multiple dwelling exceeds twelve percent  of  the  aggregate
    38  floor area in such eligible multiple dwelling, any AHCC program benefits
    39  shall  be  reduced  by a percentage equal to such excess. If an eligible
    40  multiple dwelling contains multiple tax lots, the  tax  arising  out  of
    41  such  reduction  in AHCC program benefits shall first be apportioned pro
    42  rata among any non-residential tax lots. After any such  non-residential
    43  tax lots are fully taxable, the remainder of the tax arising out of such
    44  reduction  in  AHCC  program  benefits, if any, shall be apportioned pro
    45  rata among the remaining residential tax lots. For the purposes of  this
    46  section,  accessory use space shall not include home occupation space or
    47  accessory parking space located not more than  twenty-three  feet  above
    48  the curb level.
    49    5.  Application  of  benefit. Based on the certification of the agency
    50  certifying eligibility for AHCC  program  benefits,  the  department  of
    51  finance shall determine the amount of the exemption pursuant to subdivi-
    52  sions  two and four of this section and shall apply the exemption to the
    53  assessed value of the eligible multiple dwelling.
    54    6. Affordability requirements. An  eligible  multiple  dwelling  shall
    55  comply   with   the  following  affordability  requirements  during  the
    56  restriction period:

        S. 4006                            102                           A. 3006
 
     1    a. All affordable housing units in an eligible multiple dwelling shall
     2  share the same common entrances and common areas as rental  market  rate
     3  units  in such eligible multiple dwelling and shall not be isolated to a
     4  specific  floor  or  area  of  an  eligible  multiple  dwelling.  Common
     5  entrances  shall  mean  any means of ingress or egress regularly used by
     6  any resident of a rental dwelling unit in the eligible  multiple  dwell-
     7  ing.
     8    b.  Unless  preempted by the requirements of a federal, state or local
     9  housing program, either: (i) the affordable housing units in an eligible
    10  multiple dwelling shall have a  unit  mix  proportional  to  the  rental
    11  market  units;  or (ii) at least fifty percent of the affordable housing
    12  units in an eligible multiple dwelling shall have two or  more  bedrooms
    13  and  no  more  than  twenty-five percent of the affordable housing units
    14  shall have less than one bedroom.
    15    c. Notwithstanding any provision of rent stabilization to the  contra-
    16  ry:  (i) all affordable housing units shall remain fully subject to rent
    17  stabilization during the restriction period;  and  (ii)  any  affordable
    18  housing  unit  occupied by a tenant that has been approved by the agency
    19  prior to the agency's denial of an eligible multiple dwelling's applica-
    20  tion for AHCC program benefits shall remain subject to  rent  stabiliza-
    21  tion until such tenant vacates such affordable housing unit.
    22    d.  All  rent  stabilization  registrations required to be filed shall
    23  contain a designation that specifically  identifies  affordable  housing
    24  units created pursuant to this section as "AHCC program affordable hous-
    25  ing  units"  and  shall  contain an explanation of the requirements that
    26  apply to all such affordable housing units.
    27    e. Failure to comply with the  provisions  of  this  subdivision  that
    28  require  the  creation,  maintenance, rent stabilization compliance, and
    29  occupancy of affordable housing units shall result in revocation of AHCC
    30  program benefits.
    31    f. Nothing in this section shall: (i) prohibit  the  occupancy  of  an
    32  affordable  housing  unit by individuals or families whose income at any
    33  time is less than the maximum percentage of the area  median  income  or
    34  income band, as applicable, adjusted for family size, specified for such
    35  affordable  housing  unit pursuant to this section; or (ii) prohibit the
    36  owner of an eligible multiple  dwelling  from  requiring,  upon  initial
    37  rental  or  upon  any  rental  following a vacancy, the occupancy of any
    38  affordable housing unit by such lower income individuals or families.
    39    g. Following issuance of a temporary certificate of occupancy and upon
    40  each vacancy thereafter, an affordable housing unit  shall  promptly  be
    41  offered  for  rental  by  individuals  or families whose income does not
    42  exceed the maximum percentage of the area median income or income  band,
    43  as  applicable,  adjusted for family size, specified for such affordable
    44  housing unit pursuant to this section and  who  intend  to  occupy  such
    45  affordable  housing unit as their primary residence. An affordable hous-
    46  ing unit shall not be: (i) rented to a corporation, partnership or other
    47  entity; or (ii) held off the market for a period longer than is  reason-
    48  ably necessary to perform repairs needed to make such affordable housing
    49  unit available for occupancy.
    50    h.  An  affordable  housing  unit  shall not be rented on a temporary,
    51  transient or short-term basis.  Every lease and renewal thereof  for  an
    52  affordable  housing unit shall be for a term of one or two years, at the
    53  option of the tenant.
    54    i. An affordable housing unit shall not be converted to cooperative or
    55  condominium ownership.

        S. 4006                            103                           A. 3006

     1    j. The agency may establish by rule such requirements  as  the  agency
     2  deems  necessary  or  appropriate  for:  (i) the marketing of affordable
     3  housing units, both upon initial occupancy and upon  any  vacancy;  (ii)
     4  monitoring compliance with the provisions of this subdivision; and (iii)
     5  the  establishment of marketing bands for affordable housing units. Such
     6  requirements may include, but need not be limited to, retaining a  moni-
     7  tor  approved  by  the  agency and paid for by the owner of the eligible
     8  multiple dwelling.
     9    k. Notwithstanding any provision of this section to  the  contrary,  a
    10  market  unit  shall  not be subject to rent stabilization unless, in the
    11  absence of AHCC program benefits, the unit  would  be  subject  to  rent
    12  stabilization.
    13    7.  Building  service  employees. a. For the purposes of this subdivi-
    14  sion, "applicant" shall mean an applicant for AHCC program benefits, any
    15  successor to such applicant, or any employer of building service employ-
    16  ees for such applicant including, but not limited to, a property manage-
    17  ment company or contractor.
    18    b. All building service employees employed by  the  applicant  at  the
    19  eligible  multiple dwelling shall receive the applicable prevailing wage
    20  for the duration of the  nineteen-year  benefit  period,  regardless  of
    21  whether such benefits are revoked or terminated.
    22    c.  The  fiscal officer shall have the power to enforce the provisions
    23  of this subdivision. In enforcing such provisions,  the  fiscal  officer
    24  shall have the power: (i) to investigate or cause an investigation to be
    25  made  to  determine the prevailing wages for building service employees,
    26  and in making such investigation, the fiscal officer  may  utilize  wage
    27  and fringe benefit data from various sources, including, but not limited
    28  to,  data  and  determinations  of  federal, state or other governmental
    29  agencies; provided, however, that the provision of a dwelling unit shall
    30  not be considered wages or a  fringe  benefit;  (ii)  to  institute  and
    31  conduct inspections at the site of the work or elsewhere; (iii) to exam-
    32  ine  the  books,  documents and records pertaining to the wages paid to,
    33  and the hours of work performed by, building service employees; (iv)  to
    34  hold  hearings  and,  in  connection  therewith, to issue subpoenas, the
    35  enforcement of which shall be regulated by the civil  practice  law  and
    36  rules, administer oaths and examine witnesses; (v) to make a classifica-
    37  tion by craft, trade or other generally recognized occupational category
    38  of the building service employees and to determine whether such work has
    39  been performed by the building service employees in such classification;
    40  (vi)  to  require the applicant to file with the fiscal officer a record
    41  of the wages actually paid by such applicant  to  the  building  service
    42  employees and of their hours of work; (vii) to delegate any of the fore-
    43  going  powers  to  his or her deputy or other authorized representative;
    44  (viii) to promulgate rules as he or she shall consider necessary for the
    45  proper execution of the duties, responsibilities  and  powers  conferred
    46  upon  him  or  her  by  the  provisions of this subdivision; and (ix) to
    47  prescribe  appropriate  sanctions  for  failure  to  comply   with   the
    48  provisions  of  this  subdivision.  For each violation of paragraph b of
    49  this subdivision, the fiscal officer may require the payment of (A) back
    50  wages and fringe benefits; (B) liquidated damages up to three times  the
    51  amount  of  the  back  wages and fringe benefits for willful violations;
    52  and/or (C) reasonable attorneys' fees. If the fiscal officer finds  that
    53  the  applicant has failed to comply with the provisions of this subdivi-
    54  sion, he or she shall present evidence of  such  non-compliance  to  the
    55  agency.

        S. 4006                            104                           A. 3006
 
     1    d. Paragraph b of this subdivision shall not be applicable to:  (i) an
     2  eligible  multiple  dwelling containing less than thirty dwelling units;
     3  or (ii) an eligible  multiple  dwelling  whose  eligible  conversion  is
     4  carried  out  with the substantial assistance of grants, loans or subsi-
     5  dies  provided  by  a  federal,  state  or  local governmental agency or
     6  instrumentality pursuant to a program for the development of  affordable
     7  housing.
     8    e.  The  applicant shall submit a sworn affidavit with its application
     9  certifying that it shall comply with the requirements of  this  subdivi-
    10  sion  or  is  exempt in accordance with paragraph d of this subdivision.
    11  Upon the agency's approval of such application, the applicant who is not
    12  exempt in accordance with paragraph d of this subdivision  shall  submit
    13  annually  a  sworn  affidavit  to  the fiscal officer certifying that it
    14  shall comply with the requirements of this subdivision.
    15    8. Concurrent exemptions or abatements. An eligible multiple  dwelling
    16  receiving  AHCC program benefits shall not receive any exemption from or
    17  abatement of real property taxation under any other law.
    18    9.  Voluntary  renunciation  or   termination.   Notwithstanding   the
    19  provisions  of  any  general,  special  or local law to the contrary, an
    20  owner shall not be entitled to voluntarily renounce  or  terminate  AHCC
    21  program  benefits  unless  the  agency  authorizes  such renunciation or
    22  termination in connection with  the  commencement  of  a  tax  exemption
    23  pursuant  to  the  private  housing  finance law or section four hundred
    24  twenty-c of this title.
    25    10. Termination or revocation. The agency may terminate or revoke AHCC
    26  program benefits for noncompliance with this section. All of the afford-
    27  able housing units shall remain subject to rent  stabilization  and  all
    28  other  requirements  of this section for the duration of the restriction
    29  period, regardless of whether such  benefits  have  been  terminated  or
    30  revoked.
    31    11.  Powers  cumulative.  The  enforcement  provisions of this section
    32  shall not be exclusive, and are in addition to any other  rights,  reme-
    33  dies  or  enforcement  powers set forth in any other law or available at
    34  law or in equity.
    35    12. Multiple tax lots.  If  an  eligible  multiple  dwelling  contains
    36  multiple  tax  lots, an application may be submitted with respect to one
    37  or more of such tax lots. The agency  shall  determine  eligibility  for
    38  AHCC  program benefits based upon the tax lots included in such applica-
    39  tion and benefits for each such  eligible  multiple  dwelling  shall  be
    40  based upon the completion date of each such multiple dwelling.
    41    13.  Applications.  a.  The  application  with respect to any eligible
    42  multiple dwelling shall be filed with the agency  no  earlier  than  the
    43  completion date and not later than one year after the completion date of
    44  such eligible multiple dwelling.
    45    b.  Notwithstanding  the  provisions of any general, special, or local
    46  law to the contrary, the agency may require by rule that applications be
    47  filed electronically.
    48    c. The agency may rely on certification by an  architect  or  engineer
    49  submitted  by  an applicant in connection with the filing of an applica-
    50  tion. A false certification by  such  architect  or  engineer  shall  be
    51  deemed  to  be  professional  misconduct  pursuant to section sixty-five
    52  hundred nine of the education law.   Any  architect  or  engineer  found
    53  guilty  of  such  misconduct  under the procedures prescribed in section
    54  sixty-five hundred ten of the education law  shall  be  subject  to  the
    55  penalties  prescribed in section sixty-five hundred eleven of the educa-

        S. 4006                            105                           A. 3006
 
     1  tion law and shall thereafter be ineligible to  submit  a  certification
     2  pursuant to this section.
     3    d.  Such application shall also certify that all taxes, water charges,
     4  and sewer rents currently due and owing on the  property  which  is  the
     5  subject of the application have been paid or are currently being paid in
     6  timely  installments pursuant to a written agreement with the department
     7  of finance or other appropriate agency.
     8    14. Filing fee. The agency may require a filing fee of  no  less  than
     9  three thousand dollars per dwelling unit in connection with any applica-
    10  tion, except that the agency may promulgate rules:
    11    a.  imposing  a  lesser  fee  for  an eligible multiple dwelling whose
    12  eligible conversion is carried out with the  substantial  assistance  of
    13  grants, loans or subsidies provided by a federal, state or local govern-
    14  mental  agency or instrumentality pursuant to a program for the develop-
    15  ment of affordable housing; and
    16    b. requiring a  portion  of  the  filing  fee  to  be  paid  upon  the
    17  submission  of the information the agency requires in advance of approv-
    18  ing the commencement of the marketing process for such eligible  conver-
    19  sion.
    20    15.  Rules.  Except  as provided in subdivision seven of this section,
    21  the agency shall have the sole authority to enforce  the  provisions  of
    22  this  section  and  may  promulgate rules to carry out the provisions of
    23  this section.
    24    16. Penalties for violations of affordability requirements. a.  On  or
    25  after  the  expiration date of the nineteen-year benefit, the agency may
    26  impose, after notice and an opportunity to be heard, a penalty  for  any
    27  violation by an eligible multiple dwelling of the affordability require-
    28  ments of subdivision six of this section.
    29    b.  A  penalty  imposed  under this subdivision shall be computed as a
    30  percentage of the capitalized value of all AHCC program benefits on  the
    31  eligible  multiple  dwelling, calculated as of the first year that bene-
    32  fits were granted, not to exceed one thousand percent. The agency  shall
    33  establish  a schedule and method of calculation of such penalties pursu-
    34  ant to subdivision fifteen of this section.
    35    c. A penalty imposed under this subdivision shall be  imposed  against
    36  the  owner  of  the eligible multiple dwelling at the time the violation
    37  occurred, even if such owner  no  longer  owns  such  eligible  multiple
    38  dwelling at the time of the agency's determination.
    39    d.  A  person or entity who fails to pay a penalty imposed pursuant to
    40  this subdivision shall be guilty of a misdemeanor punishable  by  impri-
    41  sonment not to exceed six months.
    42    § 3. This act shall take effect immediately.
    43                                   PART Q
 
    44    Section  1.  Notwithstanding  any  other provision of law, the housing
    45  trust fund corporation may provide, for  purposes  of  the  neighborhood
    46  preservation  program,  a  sum  not to exceed $12,830,000 for the fiscal
    47  year ending March 31, 2024.  Notwithstanding any other provision of law,
    48  and subject to the approval of the New York state director of the  budg-
    49  et,  the  board  of  directors  of the state of New York mortgage agency
    50  shall authorize the transfer to the housing trust fund corporation,  for
    51  the purposes of reimbursing any costs associated with neighborhood pres-
    52  ervation  program  contracts authorized by this section, a total sum not
    53  to exceed $12,830,000, such transfer to be made  from  (i)  the  special
    54  account  of  the  mortgage  insurance  fund  created pursuant to section
    55  2429-b of the public authorities law, in an amount  not  to  exceed  the

        S. 4006                            106                           A. 3006
 
     1  actual  excess  balance in the special account of the mortgage insurance
     2  fund, as determined and certified by the  state  of  New  York  mortgage
     3  agency  for  the fiscal year 2022-2023 in accordance with section 2429-b
     4  of  the  public  authorities  law, if any, and/or (ii) provided that the
     5  reserves in the project pool insurance account of the mortgage insurance
     6  fund created pursuant to section 2429-b of the  public  authorities  law
     7  are  sufficient  to attain and maintain the credit rating (as determined
     8  by the state of New York mortgage agency)  required  to  accomplish  the
     9  purposes  of  such  account,  the  project pool insurance account of the
    10  mortgage insurance fund, such transfer to be made as soon as practicable
    11  but no later than June 30, 2023.
    12    § 2. Notwithstanding any other provision of  law,  the  housing  trust
    13  fund  corporation  may  provide,  for purposes of the rural preservation
    14  program, a sum not to exceed $5,360,000 for the fiscal year ending March
    15  31, 2024.  Notwithstanding any other provision of law,  and  subject  to
    16  the  approval of the New York state director of the budget, the board of
    17  directors of the state of New York mortgage agency shall  authorize  the
    18  transfer  to  the  housing  trust  fund corporation, for the purposes of
    19  reimbursing  any  costs  associated  with  rural  preservation   program
    20  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    21  $5,360,000, such transfer to be made from (i) the special account of the
    22  mortgage insurance fund created pursuant to section 2429-b of the public
    23  authorities law, in an amount not to exceed the actual excess balance in
    24  the special account of the mortgage insurance fund,  as  determined  and
    25  certified  by  the state of New York mortgage agency for the fiscal year
    26  2022-2023 in accordance with section 2429-b of  the  public  authorities
    27  law,  if any, and/or (ii) provided that the reserves in the project pool
    28  insurance account of the mortgage insurance  fund  created  pursuant  to
    29  section  2429-b  of  the public authorities law are sufficient to attain
    30  and maintain the credit rating (as determined by the state of  New  York
    31  mortgage  agency)  required  to accomplish the purposes of such account,
    32  the project pool insurance account of the mortgage insurance fund,  such
    33  transfer  to  be  made as soon as practicable but no later than June 30,
    34  2023.
    35    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    36  fund  corporation  may provide, for purposes of the rural rental assist-
    37  ance program pursuant to article 17-A of  the  private  housing  finance
    38  law,  a  sum  not to exceed $21,710,000 for the fiscal year ending March
    39  31, 2024.  Notwithstanding any other provision of law,  and  subject  to
    40  the  approval of the New York state director of the budget, the board of
    41  directors of the state of New York mortgage agency shall  authorize  the
    42  transfer  to  the  housing  trust  fund corporation, for the purposes of
    43  reimbursing any costs associated with rural  rental  assistance  program
    44  contracts  authorized  by  this  section,  a  total  sum  not  to exceed
    45  $21,710,000, such transfer to be made from (i) the  special  account  of
    46  the  mortgage  insurance  fund created pursuant to section 2429-b of the
    47  public authorities law, in an amount not to  exceed  the  actual  excess
    48  balance in the special account of the mortgage insurance fund, as deter-
    49  mined  and  certified  by  the state of New York mortgage agency for the
    50  fiscal year 2022-2023 in accordance with section 2429-b  of  the  public
    51  authorities  law,  if any, and/or (ii) provided that the reserves in the
    52  project pool insurance account of the mortgage  insurance  fund  created
    53  pursuant  to section 2429-b of the public authorities law are sufficient
    54  to attain and maintain the credit rating, as determined by the state  of
    55  New  York  mortgage  agency, required to accomplish the purposes of such
    56  account, the project pool insurance account of  the  mortgage  insurance

        S. 4006                            107                           A. 3006
 
     1  fund,  such  transfer  shall be made as soon as practicable but no later
     2  than June 30, 2023.
     3    §  4. Notwithstanding any other provision of law, the homeless housing
     4  and assistance corporation may provide, for purposes  of  the  New  York
     5  state  supportive  housing  program,  the  solutions to end homelessness
     6  program or the operational support for AIDS housing program, or to qual-
     7  ified grantees under such programs, in accordance with the  requirements
     8  of  such  programs,  a sum not to exceed $50,781,000 for the fiscal year
     9  ending March 31, 2024. The homeless housing and  assistance  corporation
    10  may  enter into an agreement with the office of temporary and disability
    11  assistance to administer such sum in accordance with the requirements of
    12  such programs. Notwithstanding any other provision of law,  and  subject
    13  to  the approval of the New York state director of the budget, the board
    14  of directors of the state of New York mortgage  agency  shall  authorize
    15  the transfer to the homeless housing and assistance corporation, a total
    16  sum  not  to  exceed  $50,781,000, such transfer to be made from (i) the
    17  special account of the  mortgage  insurance  fund  created  pursuant  to
    18  section 2429-b of the public authorities law, in an amount not to exceed
    19  the  actual excess balance in the special account of the mortgage insur-
    20  ance fund, as determined and certified by the state of New York mortgage
    21  agency for the fiscal year 2022-2023 in accordance with  section  2429-b
    22  of  the  public  authorities  law, if any, and/or (ii) provided that the
    23  reserves in the project pool insurance account of the mortgage insurance
    24  fund created pursuant to section 2429-b of the  public  authorities  law
    25  are sufficient to attain and maintain the credit rating as determined by
    26  the  state  of  New  York  mortgage  agency,  required to accomplish the
    27  purposes of such account, the project  pool  insurance  account  of  the
    28  mortgage  insurance fund, such transfer shall be made as soon as practi-
    29  cable but no later than March 31, 2024.
    30    § 5. This act shall take effect immediately.
 
    31                                   PART R
 
    32    Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
    33  section 421-a of the real property tax law, as amended by section  3  of
    34  part  TTT  of  chapter  59  of  the  laws of 2017, is amended to read as
    35  follows:
    36    (xxviii) "Eligible multiple dwelling" shall mean a  multiple  dwelling
    37  or  homeownership  project containing six or more dwelling units created
    38  through new construction or eligible conversion for which the  commence-
    39  ment date is after December thirty-first, two thousand fifteen and on or
    40  before  June  fifteenth,  two  thousand  twenty-two,  and  for which the
    41  completion date is on or before June fifteenth,  two  thousand  [twenty-
    42  six] thirty.
    43    § 2.  This act shall take effect immediately.
 
    44                                   PART S
 
    45    Section  1.    Section 652 of the labor law is amended by adding a new
    46  subdivision 1-a to read as follows:
    47    1-a. Annual minimum wage increase.  (a) New York city.  On  and  after
    48  December thirty-first, two thousand twenty-three, every employer regard-
    49  less  of size shall pay to each of its employees for each hour worked in
    50  the city of New York, a wage of not less than the adjusted minimum  wage
    51  rate  established  annually  by  the commissioner. Such adjusted minimum
    52  wage rate shall be determined by increasing the current  year's  minimum

        S. 4006                            108                           A. 3006
 
     1  wage  rate  by the lesser of three percent and the rate of change in the
     2  average of the most recent period between the first of  August  and  the
     3  thirty-first  of  July over the preceding twelve months published by the
     4  United States department of labor non-seasonally adjusted consumer price
     5  index  for  northeast  region  urban  wage  earners and clerical workers
     6  (CPI-W) or any successor  index  as  calculated  by  the  United  States
     7  department of labor.
     8    (b)  Remainder  of  downstate. On and after December thirty-first, two
     9  thousand twenty-three, every employer shall pay to each of its employees
    10  for each hour worked in the counties of Nassau, Suffolk,  and  Westches-
    11  ter,  a wage of not less than the adjusted minimum wage rate established
    12  annually by the commissioner. Such adjusted minimum wage rate  shall  be
    13  determined  by  increasing  the  current year's minimum wage rate by the
    14  lesser of three percent and the rate of change in  the  average  of  the
    15  most  recent  period between the first of August and the thirty-first of
    16  July over the preceding twelve months for the northeast region CPI-W  or
    17  any  successor  index  as  calculated by the United States department of
    18  labor.
    19    (c) Remainder of state. On and after December thirty-first, two  thou-
    20  sand  twenty-three, in the year following the year the minimum wage rate
    21  equals fifteen dollars for each hour worked outside of the city  of  New
    22  York  and  the  counties of Nassau, Suffolk, and Westchester pursuant to
    23  subdivision one of this section, every employer shall pay to each of its
    24  employees for each hour worked outside of the city of New York  and  the
    25  counties of Nassau, Suffolk, and Westchester a wage of not less than the
    26  adjusted  minimum  wage  rate  established annually by the commissioner.
    27  Such adjusted minimum wage rate shall be determined  by  increasing  the
    28  current  year's minimum wage rate by the lesser of three percent and the
    29  rate of change in the average of the  most  recent  period  between  the
    30  first  of  August and the thirty-first of July over the preceding twelve
    31  months for the northeast region CPI-W or any successor index  as  calcu-
    32  lated by the United States department of labor.
    33    (d)  Notwithstanding paragraphs (a), (b), and (c) of this subdivision,
    34  the minimum wage for a home care aide as defined in  section  thirty-six
    35  hundred fourteen-c of the public health law shall be set by subdivisions
    36  two  and  three  of  section thirty-six hundred fourteen-f of the public
    37  health law.
    38    (e) Exceptions. Notwithstanding paragraphs (a), (b) and  (c)  of  this
    39  subdivision, there shall be no increase in the minimum wage in the state
    40  for the following year if:
    41    (i) the rate of change in the average of the most recent period of the
    42  first of August to the thirty-first of July over the preceding period of
    43  the first of August to the thirty-first of July for the northeast region
    44  CPI-W is negative;
    45    (ii)  the  three-month  moving  average of the seasonally adjusted New
    46  York state unemployment rate as determined by the U-3 measure  of  labor
    47  underutilization  for  the most recent period ending the thirty-first of
    48  July as calculated by the United States department  of  labor  rises  by
    49  one-half  percentage point or more relative to its low during the previ-
    50  ous twelve months; or
    51    (iii) seasonally adjusted, total  non-farm  employment  for  New  York
    52  state  in  July,  calculated  by  the United States department of labor,
    53  decreased from the seasonally adjusted, total  non-farm  employment  for
    54  New York state in April, and seasonally adjusted, total non-farm employ-
    55  ment for New York state in July, calculated by the United States depart-

        S. 4006                            109                           A. 3006
 
     1  ment  of  labor,  decreased from the seasonally adjusted, total non-farm
     2  employment for New York state in January.
     3    (f)  The commissioner shall publish the adjusted minimum wage rates no
     4  later than the first of October of each year to take effect on the thir-
     5  ty-first day of December. The commissioner shall  publish  the  adjusted
     6  minimum  wage  rates  that will go into effect on December thirty-first,
     7  two thousand twenty-three no later  than  October  first,  two  thousand
     8  twenty-three.
     9    § 2. Subdivisions 2, 4 and 5 of section 652 of the labor law, subdivi-
    10  sion  2  as amended by chapter 38 of the laws of 1990, the opening para-
    11  graph of subdivision 2 as amended by section 6 of part II of chapter  58
    12  of the laws of 2020, and subdivisions 4 and 5 as amended by section 2 of
    13  part  K  of  chapter  54  of  the  laws  of 2016, are amended to read as
    14  follows:
    15    2. Existing wage orders. The minimum wage  orders  in  effect  on  the
    16  effective date of this act shall remain in full force and effect, except
    17  as modified in accordance with the provisions of this article; provided,
    18  however,  that  the minimum wage order for farm workers codified at part
    19  one hundred ninety of title twelve of the New York  code  of  rules  and
    20  regulations  in  effect  on  January first, two thousand twenty shall be
    21  deemed to be a wage order established and adopted under this article and
    22  shall remain in full force and effect except as modified  in  accordance
    23  with  the provisions of this article or article nineteen-A of this chap-
    24  ter.
    25    Such minimum wage orders shall be  modified  by  the  commissioner  to
    26  increase  all  monetary amounts specified therein in the same proportion
    27  as the increase in the hourly minimum wage as provided in  [subdivision]
    28  subdivisions one and one-a of this section, including the amounts speci-
    29  fied  in such minimum wage orders as allowances for gratuities, and when
    30  furnished by the employer to its employees, for meals, lodging,  apparel
    31  and  other  such items, services and facilities. All amounts so modified
    32  shall be rounded off to the nearest  five  cents.  The  modified  orders
    33  shall  be  promulgated by the commissioner without a public hearing, and
    34  without reference to a wage board, and shall  become  effective  on  the
    35  effective date of such increases in the minimum wage except as otherwise
    36  provided  in  this  subdivision,  notwithstanding any other provision of
    37  this article.
    38    4. Notwithstanding subdivisions one, one-a and two  of  this  section,
    39  the  wage  for  an  employee who is a food service worker receiving tips
    40  shall be a cash wage of at least two-thirds of the  minimum  wage  rates
    41  set  forth  in  subdivision  one of this section, rounded to the nearest
    42  five cents or seven  dollars  and  fifty  cents,  whichever  is  higher,
    43  provided  that  the  tips  of  such an employee, when added to such cash
    44  wage, are equal to or exceed the minimum  wage  in  effect  pursuant  to
    45  [subdivision]  subdivisions  one  and one-a of this section and provided
    46  further that no other cash wage is established pursuant to  section  six
    47  hundred fifty-three of this article.
    48    5.  Notwithstanding  subdivisions  one, one-a and two of this section,
    49  meal and lodging allowances for a food service worker receiving  a  cash
    50  wage  pursuant  to  subdivision  four of this section shall not increase
    51  more than two-thirds of the increase required by subdivision two of this
    52  section as applied to state wage orders in effect pursuant to  [subdivi-
    53  sion] subdivisions one and one-a of this section.
    54    § 3. Section 3614-f of the public health law, as added by section 1 of
    55  part  XX  of  chapter  56  of  the  laws  of 2022, is amended to read as
    56  follows:

        S. 4006                            110                           A. 3006
 
     1    § 3614-f. Home care minimum wage increase. 1. For the purpose of  this
     2  section,  "home  care  aide"  shall  have the same meaning as defined in
     3  section thirty-six hundred fourteen-c of this article.
     4    2. [In addition to the otherwise applicable minimum wage under section
     5  six hundred fifty-two of the labor law, or any otherwise applicable wage
     6  rule  or order under article nineteen of the labor law]  Notwithstanding
     7  any increase to the minimum wage under paragraph (a),  (b),  or  (c)  of
     8  subdivision one-a of section six hundred fifty-two of the labor law, the
     9  minimum  wage  for  a  home care aide shall be increased by an amount of
    10  three dollars and zero cents from the  minimum  wage  established  under
    11  subdivision  one  of  section six hundred fifty-two of the labor law for
    12  each region of the state in accordance with the following schedule:
    13    (a) beginning October first, two thousand twenty-two, the minimum wage
    14  for a home care aide shall be increased by an amount of two dollars  and
    15  zero cents, and
    16    (b)  beginning  October  first, two thousand twenty-three, the minimum
    17  wage for a home care aide shall be increased by an additional amount  of
    18  one dollar and zero cents.
    19    3.  On and after December thirty-first, two thousand twenty-three, the
    20  minimum wage for a home care aide shall be the greater of either:
    21    (a) the rate established in accordance with subdivision  two  of  this
    22  section; or
    23    (b)  the  rate  established  in  accordance  with  section six hundred
    24  fifty-two of the labor law.
    25    4. At no time shall the minimum wage for a home care  aide  be  higher
    26  than  eighteen dollars until such time as the minimum wage rate pursuant
    27  to subdivision one-a of section six hundred fifty-two of the  labor  law
    28  in the locality of the state in which such home care aide works is high-
    29  er than eighteen dollars.
    30    5.  Where  any  home  care aide is paid less than what is required [by
    31  subdivision] under subdivisions two and three of this section, the  home
    32  care  aide,  or  the  commissioner of labor acting on behalf of the home
    33  care aide, may bring a civil action under article six or nineteen of the
    34  labor law; provided that this shall not  preclude  the  commissioner  of
    35  labor from taking direct administrative enforcement action under article
    36  six of the labor law.
    37    § 4. This act shall take effect immediately.
 
    38                                   PART T
 
    39    Section 1. Legislative findings. The legislature finds that both with-
    40  in  the  city  of  New  York and across the United States, over the past
    41  several decades, income inequality has  expanded  and  that  poverty  is
    42  frequently  concentrated  in  economically  disadvantaged  regions.  The
    43  legislature also finds that economic disparities among  individuals  and
    44  across  communities have further expanded due to the economic and health
    45  effects of the virus known as COVID-19. The purpose of this  legislation
    46  is  to  remediate  these economic disparities by authorizing the city of
    47  New York, the city school district of the city of New York, the New York
    48  city school construction authority, the New York city health and  hospi-
    49  tals  corporation,  the New York city industrial development agency, and
    50  other city-affiliated not-for-profit corporations to  use  the  economic
    51  power of their transactions to implement programs by administrative rule
    52  requiring  contractors  and  subcontractors benefitting from such trans-
    53  actions to make best efforts to employ qualified economically  disadvan-

        S. 4006                            111                           A. 3006
 
     1  taged  candidates  and  qualified candidates from economically disadvan-
     2  taged regions.
     3    §  2.  The New York city charter is amended by adding a new chapter 79
     4  to read as follows:
     5                                 CHAPTER 79
     6                 COMMUNITY HIRING AND WORKFORCE DEVELOPMENT
     7  § 3501. Absorption hire. The term "absorption hire" means an  individual
     8  who fills a building service opportunity and who:
     9    (1) was employed to perform building service work within the preceding
    10  six months at the same facility to which such individual is assigned; or
    11    (2) fills such building service opportunity as a result of a reassign-
    12  ment by a contractor or subcontractor, as applicable, due to a displace-
    13  ment  caused by the closure of another facility, a staffing reduction at
    14  another facility, or any other similar event.
    15    Apprentice. The term "apprentice" means an individual who is receiving
    16  training and performing labor pursuant to an apprenticeship agreement.
    17    Apprenticeship agreement. The term "apprenticeship agreement" means an
    18  agreement, as such term is defined by section eight hundred  sixteen  of
    19  the  labor  law,  that  has  been  registered with, and approved by, the
    20  commissioner of labor of the state of New York pursuant to article twen-
    21  ty-three of the labor law.
    22    Building service opportunity. The term "building service  opportunity"
    23  means an employment opportunity to perform building service work.
    24    Building  service  opportunity  labor hour. The term "building service
    25  opportunity labor hour" means a labor hour performed  by  an  individual
    26  employed to fill a building service opportunity.
    27    Building  service  work.  The  term  "building service work" means the
    28  classifications of labor that the applicable fiscal officer has  identi-
    29  fied  as  consistent  with  section two hundred thirty of the labor law,
    30  regardless of whether such labor constitutes building service  work  for
    31  which  workers  are entitled to prevailing wage pursuant to article nine
    32  of the labor law.
    33    City-affiliated not-for-profit corporation. The term  "city-affiliated
    34  not-for-profit  corporation"  means  a  local development corporation or
    35  other not-for-profit  corporation,  a  majority  of  whose  members  are
    36  appointed by the mayor.
    37    Construction. The term "construction" means:
    38    (1) any labor of a type that the applicable fiscal officer, as defined
    39  in  paragraph e of subdivision five of section two hundred twenty of the
    40  labor law, has identified in a published schedule as a classification of
    41  work performed by laborers, workmen or mechanics, regardless of  whether
    42  such labor constitutes public work pursuant to such section; and
    43    (2)  any additional types of labor identified by the director by rule,
    44  provided that such labor shall not include building service work.
    45    Contractor. The term "contractor" means an individual, company, corpo-
    46  ration, partnership, or other entity that has entered into a transaction
    47  with the city, except that the term "contractor" does not include:
    48    (1) any governmental entity;
    49    (2)  any  microbusiness,  other  than   a   microbusiness   performing
    50  construction work under a transaction; or
    51    (3) any labor organization.
    52    Director.  The  term  "director"  means  the director of the office of
    53  community hiring and workforce development or his or her designee.
    54    Economically disadvantaged candidate. The term "economically disadvan-
    55  taged candidate" means an individual:

        S. 4006                            112                           A. 3006
 
     1    (1) whose income or household income falls below an applicable quanti-
     2  tative threshold determined by the director, provided that  such  income
     3  shall  not  include any types of public benefits provided by the federal
     4  government or a state or local government and identified by  the  direc-
     5  tor; and
     6    (2) who is certified as meeting all applicable requirements.
     7    Economically  disadvantaged  region.  The term "economically disadvan-
     8  taged region" means an area, represented by its ZIP code,  in  which  at
     9  least  fifteen  percent  of  residents  have household incomes below the
    10  federal poverty threshold.
    11    Economically disadvantaged region candidate.  The  term  "economically
    12  disadvantaged  region candidate" means an individual who is certified as
    13  meeting all applicable requirements and who is a:
    14    (1) resident  of  an  address  within  an  economically  disadvantaged
    15  region;
    16    (2) resident of a building that is:
    17    (i) owned or operated by the New York city housing authority; and
    18    (ii) subject to section nine of the United States Housing Act of nine-
    19  teen hundred thirty-seven, as amended; or
    20    (3) resident of a dwelling unit that is:
    21    (i)  subject  to a regulatory agreement with a federal, state or local
    22  government agency requiring that occupancy of such  unit  be  restricted
    23  based on the income of the occupants; and
    24    (ii)  located  in  a  building that was previously operated by the New
    25  York city housing authority, was previously subject to section  nine  of
    26  the  United  States  Housing  Act  of  nineteen hundred thirty-seven, as
    27  amended, and is subject to section eight of such act.
    28    Employment opportunity. The  term  "employment  opportunity"  means  a
    29  vacancy in a position to perform services under a transaction.
    30    Exempt transaction. The term "exempt transaction" includes any:
    31    (1) contract procured pursuant to section one hundred sixty-two of the
    32  state finance law;
    33    (2)  contract  for  the  performance  of services by a city-affiliated
    34  not-for-profit corporation;
    35    (3) contract the principal purpose of which is the supply of goods;
    36    (4) contract in an amount  below  the  small  purchase  threshold  set
    37  pursuant  to  the  authority and procedure set forth in subdivision a of
    38  section three hundred fourteen of this charter;
    39    (5) contract for confidential or investigative services or  any  other
    40  type  of  contract excluded by a rule adopted by the director based on a
    41  determination that the application of goals  under  this  program  would
    42  substantially undermine the primary objective of that type of contract;
    43    (6)  contract  subject  to  federal or state funding requirements that
    44  preclude or substantially conflict with the application of  goals  under
    45  this program;
    46    (7) contract for emergency demolition services procured by the depart-
    47  ment  of  housing preservation and development pursuant to the procedure
    48  set forth in section three hundred fifteen of this charter; or
    49    (8) a contract for which contractor selection is made  by  an  elected
    50  official  other than the mayor or an agency other than a mayoral agency,
    51  except as otherwise provided by rule by the director.
    52    Labor organization. The term  "labor  organization"  has  the  meaning
    53  provided  in  section  one hundred fifty-two of title twenty-nine of the
    54  United States code, or any successor provision.
    55    Mayoral agency. The term "mayoral agency" includes:
    56    (1) any agency the head of which is appointed by the mayor;

        S. 4006                            113                           A. 3006
 
     1    (2) any agency headed by a board, commission,  or  other  multi-member
     2  body, the majority of the membership of which is appointed by the mayor;
     3  and
     4    (3) the office of the mayor.
     5    Microbusiness.  The term "microbusiness" means an individual, company,
     6  corporation, partnership, or other entity that employs no less than  one
     7  employee and no more than nine employees.
     8    MWBE.  The  term  "MWBE"  means  a business certified as a minority or
     9  women-owned business enterprise pursuant to  article  fifteen-A  of  the
    10  executive law or section thirteen hundred four of this charter.
    11    Project  labor  agreement.  The term "project labor agreement" means a
    12  pre-hire collective bargaining agreement entered into between  the  city
    13  and  a  bona  fide  building  and  construction trade labor organization
    14  establishing the labor organization or its affiliates as the  collective
    15  bargaining  representative for all persons who will perform construction
    16  work on a transaction, provided such agreement:
    17    (1) provides that only contractors and subcontractors who sign a  pre-
    18  negotiated  agreement  with the labor organization can perform such work
    19  on such transaction; and
    20    (2) includes goals for the employment of qualified economically disad-
    21  vantaged region candidates to perform such work.
    22    Referral source. The  term  "referral  source"  means  an  individual,
    23  company,  corporation,  partnership,  agency,  union referral system, or
    24  other entity selected pursuant to paragraph three of  subdivision  a  of
    25  section  thirty-five  hundred  two  of this chapter to make referrals of
    26  candidates to contractors, prospective contractors, subcontractors,  and
    27  prospective  subcontractors  for  the purposes of meeting the applicable
    28  employment goals set forth in such section; provided that union referral
    29  systems that have affiliated registered apprentice programs with  direct
    30  entry access from pre-apprentice programs that are compliant with United
    31  States  department  of labor or New York state department of labor regu-
    32  lations, as well as union referral systems  with  community  recruitment
    33  programs,  shall  be deemed an approved referral source for the purposes
    34  of paragraph three of subdivision a of section thirty-five  hundred  two
    35  of this chapter.
    36    Small business. The term "small business" means an entity that:
    37    (1) is independently owned and operated; and
    38    (2)  has annual gross revenues not exceeding five million dollars or a
    39  lesser amount established by the director by rule.
    40    Subcontractor. The term "subcontractor" means an individual,  company,
    41  corporation, partnership or other entity that has entered into an agree-
    42  ment  with  a  contractor  or  another subcontractor in order to perform
    43  services or any other obligation under a transaction, provided that such
    44  agreement involves the performance of construction work of any value, or
    45  the total  dollar  value  of  such  agreement  exceeds  twenty  thousand
    46  dollars,  and  further  provided  that the term "subcontractor" does not
    47  include:
    48    (1) employees;
    49    (2) governmental entities;
    50    (3)   microbusinesses,   other   than    microbusinesses    performing
    51  construction work under a transaction; or
    52    (4) labor organizations.
    53    Transaction.  The  term  "transaction"  means,  a procurement contract
    54  except that the term "transaction" shall not include any  exempt  trans-
    55  action.

        S. 4006                            114                           A. 3006

     1    §  3502.  Office  of  community  hiring  and workforce development. a.
     2  Office established. The mayor shall establish  an  office  of  community
     3  hiring  and  workforce  development. Such office may be established as a
     4  separate office or within any department the head of which is  appointed
     5  by  the  mayor. The office of community hiring and workforce development
     6  shall be headed by a director who shall be appointed  by  the  mayor  or
     7  head  of  such  department.  The  director  shall, as the director deems
     8  appropriate, adopt rules consistent with the  purpose  of  this  chapter
     9  relating to employment goals on transactions, including rules:
    10    (1)  requiring  contractors  and  subcontractors  to agree to publicly
    11  disclose employment opportunities;
    12    (2) establishing a procedure for the certification of  individuals  as
    13  economically disadvantaged candidates, economically disadvantaged region
    14  candidates,  or  both, provided that such certification procedure shall,
    15  to the extent the director deems feasible, use data sources and adminis-
    16  trative processes established  or  maintained  by  the  city  for  other
    17  programs  or  operations  in order to minimize administrative burdens on
    18  contractors, subcontractors, and individuals;
    19    (3) establishing a procedure by which the director may approve  refer-
    20  ral  sources  for  the  purposes  of  this section, whereby the director
    21  shall:
    22    (i) publicly release a referral source solicitation  that  includes  a
    23  description  of  functions  of  a  referral  source, the manner in which
    24  responses must be submitted, and the criteria by which responding  enti-
    25  ties  will be approved, and authorize one or more entities, as appropri-
    26  ate, to function as referral sources, based on the criteria included  in
    27  the solicitation;
    28    (ii) authorize an agency in writing to function as a referral source;
    29    (iii)  authorize,  in writing, an entity engaged pursuant to an agree-
    30  ment with an agency for employment recruitment services or  other  work-
    31  force development services to function as a referral source; or
    32    (iv)  identify  and  deem  union referral systems that have affiliated
    33  registered apprentice programs with direct entry access from pre-appren-
    34  tice programs and that are compliant with United  States  department  of
    35  labor  or  New  York  state  department of labor regulations, as well as
    36  union referral systems with community recruitment programs, as  approved
    37  referral systems;
    38    (4)  establishing  a  procedure through which the director may provide
    39  information regarding referral sources to  contractors,  subcontractors,
    40  prospective contractors, and prospective subcontractors;
    41    (5)  establishing  a procedure by which the director shall monitor and
    42  criteria by which the director shall evaluate the  performance  of  each
    43  referral  source  on  an annual basis, and where the director determines
    44  that a referral source has performed inadequately, terminate or  suspend
    45  the referral source;
    46    (6)  requiring contractors to agree to make best efforts to interview,
    47  as appropriate,  and  to  employ  qualified  economically  disadvantaged
    48  region candidates in order to meet employment goals relating to building
    49  service work based on:
    50    (i) the percentage of building service opportunities filled by econom-
    51  ically  disadvantaged  region  candidates,  provided that in calculating
    52  such goals, absorption hires shall not be considered; or
    53    (ii) the  percentage  of  building  service  opportunity  labor  hours
    54  performed by economically disadvantaged region candidates, provided that
    55  in  calculating  such  goals,  building  service opportunity labor hours
    56  performed by absorption hires shall not be considered;

        S. 4006                            115                           A. 3006
 
     1    (7) requiring contractors and subcontractors to  agree  to  make  best
     2  efforts to employ qualified economically disadvantaged region candidates
     3  to  perform  no  less  than  thirty  percent  of the cumulative hours of
     4  construction labor on  transactions  involving  construction  work,  and
     5  additionally requiring, to the extent feasible consistent with the maxi-
     6  mum  ratios  of  apprentices to journey-level workers established by the
     7  New York state department of labor, that such  contractors  and  subcon-
     8  tractors agree to make best efforts to employ apprentices who are quali-
     9  fied  economically  disadvantaged  region  candidates to perform no less
    10  than nine percent  of  such  cumulative  hours  of  construction  labor,
    11  provided  that  labor performed by apprentices who are qualified econom-
    12  ically disadvantaged region candidates shall  be  credited  towards  the
    13  achievement  of  both  employment goals set forth in this paragraph, and
    14  further provided that prior to releasing a  solicitation  for  a  trans-
    15  action  or  otherwise  initiating  a  process for entering into a trans-
    16  action, as applicable, the director may waive  such  requirements  where
    17  the  director  determines  in  writing  that  such waiver is in the best
    18  interest of the city;
    19    (8) requiring contractors to agree to make best efforts  to  interview
    20  and  to  employ qualified economically disadvantaged candidates in order
    21  to  meet  employment  goals  relating  to  work  that  neither  involves
    22  construction work nor building service work, and establishing such goals
    23  based on:
    24    (i)  the percentage of the cumulative hours of labor performed by such
    25  candidates;
    26    (ii) the percentage of employment opportunities filled by such  candi-
    27  dates; or
    28    (iii) the total value of the transaction;
    29    (9)  requiring  subcontractors to agree to make best efforts to inter-
    30  view, as appropriate, and to extend offers of  employment  to  qualified
    31  candidates  in order to meet any employment goals described in paragraph
    32  six or eight of this  subdivision  and  established  pursuant  to  rules
    33  adopted by the director;
    34    (10)  establishing  a  schedule  of  civil penalties, based on factors
    35  including but not limited to a contractor's  industry  or  any  relevant
    36  occupations employed by a contractor or subcontractor, that the director
    37  or  an  applicable agency may impose on a contractor due to the contrac-
    38  tor's or  subcontractor's  non-compliance  with  an  obligation  created
    39  pursuant  to  this  section  and  a procedure for the imposition of such
    40  penalties, which will not exclude other  remedies  established  in  this
    41  charter  or  any  other  law,  provided that any civil penalties imposed
    42  pursuant to this paragraph shall not exceed two  thousand  five  hundred
    43  dollars  for each non-compliance with such an obligation or each failure
    44  to correct such non-compliance, and further provided that  when  promul-
    45  gating  rules  establishing  or amending such a schedule of civil penal-
    46  ties, the director shall consider the potential impact of such penalties
    47  on contractors and subcontractors that are MWBEs, not-for-profit  corpo-
    48  rations, or small businesses;
    49    (11)  designating  paper  or  electronic formats for the submission of
    50  documents related to the selection and operation of referral sources and
    51  contractors and subcontractors subject to goals pursuant  to  paragraphs
    52  six  through  nine of this subdivision, as applicable, including but not
    53  limited to, documents containing information required pursuant to  para-
    54  graphs  one and three of this subdivision and subdivision c and subpara-
    55  graphs (E) and (F) of paragraph one of subdivision d  of  this  section;
    56  solicitation  documents and responses, including bids and proposals; and

        S. 4006                            116                           A. 3006
 
     1  data related to labor  performed  pursuant  to  transactions,  including
     2  payroll reports, as applicable; and
     3    (12)  (A) authorizing the director to establish factors by which goals
     4  described in paragraphs six, eight, and nine of this subdivision will be
     5  established for individual transactions, including:
     6    (i) the scope of the transaction;
     7    (ii) the availability of qualified economically  disadvantaged  candi-
     8  dates and economically disadvantaged region candidates;
     9    (iii)  the  nature  of  any employment opportunities that the director
    10  expects will result from the transaction;
    11    (iv) the potential impact of such goal on contractors and  subcontrac-
    12  tors,  as  applicable,  that  are MWBEs, not-for-profit corporations, or
    13  small businesses; and
    14    (v) any other similar factors.
    15    (B) prior to setting a goal pursuant to this subdivision for an  indi-
    16  vidual  transaction,  the  agency  entering  into  the transaction shall
    17  consider the goals set for previous, similar  transactions  and  whether
    18  such goals were appropriate for such transactions.
    19    b.  Lists  of economically disadvantaged regions. No later than ninety
    20  days after the effective date of this section, and at least once  during
    21  each twelve-month period thereafter, the director shall publish a report
    22  including  an  updated  list  of  all economically disadvantaged regions
    23  within a radius of one hundred miles of the city  or  all  such  econom-
    24  ically disadvantaged regions within the metropolitan area. Nothing shall
    25  preclude  an individual whose residence is within an economically disad-
    26  vantaged region that is not included in such list from qualifying as  an
    27  economically  disadvantaged  region  candidate for the purposes of goals
    28  set forth under this section.
    29    c. Reporting. No later than one hundred eighty days after  the  effec-
    30  tive  date  of  this  section and each quarter thereafter, the office of
    31  community hiring and workforce development shall publish a report  on  a
    32  website  maintained or controlled by the city, pursuant to rules adopted
    33  by the director, that shall include, for each transaction subject  to  a
    34  goal  established pursuant to paragraph six, seven, or eight of subdivi-
    35  sion a of this  section,  information  demonstrating  the  corresponding
    36  contractor's  progress towards meeting such goal and, if applicable, any
    37  subcontractors' progress towards meeting any goal  established  pursuant
    38  to  paragraph seven or nine of subdivision a of this section, and aggre-
    39  gate information regarding the demographics and compensation of  econom-
    40  ically   disadvantaged  region  candidates,  economically  disadvantaged
    41  candidates, and apprentices who are  economically  disadvantaged  region
    42  candidates,  as applicable, relative to all individuals employed by such
    43  contractor and, if applicable, subcontractors on  such  transaction.  In
    44  compiling this report, the director shall, to the extent he or she deems
    45  feasible,  use  data  sources  established or maintained by the city for
    46  other programs or operations in order to minimize administrative burdens
    47  on contractors and subcontractors,  provided  that  where  the  director
    48  determines  that  such  data  sources  cannot  be  used to complete such
    49  report, the director may adopt rules requiring contractors  and  subcon-
    50  tractors  to  provide  such  additional  data necessary to complete this
    51  report, and to certify the  accuracy  of  such  additional  information.
    52  Nothing in this subdivision shall be interpreted to authorize the direc-
    53  tor  to promulgate rules requiring labor organizations to provide infor-
    54  mation on a regular basis to complete such reports.
    55    d. Best efforts. (1) In determining whether a  contractor  or  subcon-
    56  tractor  has  exercised best efforts to meet the employment goals estab-

        S. 4006                            117                           A. 3006
 
     1  lished pursuant to subdivision a of this  section,  the  director  shall
     2  consider the degree to which the contractor or subcontractor has endeav-
     3  ored:
     4    (A)  to  review  economically  disadvantaged  region  candidates'  and
     5  economically disadvantaged candidates' qualifications, as applicable, in
     6  good faith;
     7    (B) to advertise employment opportunities, as applicable, in a  manner
     8  reasonably  intended  to  attract  qualified  economically disadvantaged
     9  candidates or economically disadvantaged region candidates, except  that
    10  contractors  and subcontractors performing construction work pursuant to
    11  a project labor agreement shall not be  required to advertise employment
    12  opportunities for construction work;
    13    (C) to coordinate with referral sources or apprenticeship programs, as
    14  applicable, in order to interview, if applicable, and employ such candi-
    15  dates identified by such referral sources  or  apprenticeship  programs,
    16  provided that for contractors and subcontractors performing construction
    17  work  pursuant  to  a  project  labor agreement, the director shall only
    18  consider the degree to which the contractor or subcontractor has endeav-
    19  ored to meet such goals by complying with  the  referral  provisions  of
    20  such project labor agreement;
    21    (D)  to review and organize the work under the transaction in order to
    22  eliminate obstacles to meeting such employment goals;
    23    (E) to monitor and to document  the  contractor's  or  subcontractor's
    24  efforts to meet the employment goals;
    25    (F)  to  contact the office of community hiring and workforce develop-
    26  ment at routine intervals, or as otherwise required by rule,  to  inform
    27  the  director of the contractor's or subcontractor's efforts to meet the
    28  employment goals; and
    29    (G) to take all other commercially  reasonable  actions  to  meet  the
    30  employment goals.
    31    (2) In order to exercise best efforts, neither contractors nor subcon-
    32  tractors are required:
    33    (A) to undertake an undue financial burden;
    34    (B)  to  terminate or substantially reduce the work levels of any of a
    35  contractor's or subcontractor's existing employees;
    36    (C) to extend an offer of employment  to  an  individual  whose  labor
    37  would not be commercially useful; or
    38    (D)  to  forgo  filling building service opportunities with absorption
    39  hires.
    40    e. Discretionary  application  of  goals.  Notwithstanding  any  other
    41  provision  of this section, employment goals authorized under paragraphs
    42  six, seven, eight and nine of subdivision a of this section may, but are
    43  not required to be, established  for  transactions  that  are  emergency
    44  procurement  contracts  procured  pursuant to the procedure set forth in
    45  section three hundred fifteen of this charter.
    46    f. Adjustment of construction goals. On a biannual basis, the director
    47  shall review and thereafter may promulgate rules increasing or  decreas-
    48  ing  the value of the employment goals established under paragraph seven
    49  of subdivision a of this section.
    50    g. Wage payment assurances. The director may promulgate rules  setting
    51  forth  standards and a procedure by which contractors and subcontractors
    52  that the director has determined have a record of failing to pay  wages,
    53  including  but  not  limited  to  prevailing wages and benefits required
    54  pursuant to article eight of the labor law,  to  individuals  performing
    55  construction  labor  under  a  transaction  shall be required to provide
    56  additional assurances acceptable to the director  in  order  to  receive

        S. 4006                            118                           A. 3006
 
     1  credit  towards  the  achievement of employment goals set forth in para-
     2  graph seven of subdivision a of this section.
     3    §  3. Paragraph 1 of subdivision b of section 311 of the New York city
     4  charter, as amended by local law number 20 of the city of New  York  for
     5  the year 2004, is amended to read as follows:
     6    1.   the  methods  for  soliciting  bids  or  proposals  and  awarding
     7  contracts, consistent with the provisions of this chapter, provided that
     8  the director of the office of community hiring and workforce development
     9  may promulgate rules authorizing agencies to incorporate into the  award
    10  methodology  for any contract a quantitative factor based on a bidder or
    11  proposer's capacity to meet or  exceed  goals  established  pursuant  to
    12  subdivision  a  of  section thirty-five hundred two of this charter, and
    13  further provided that agencies incorporating such a quantitative  factor
    14  into  the award methodology for a contract pursuant to such a rule shall
    15  consider the potential impact of such a  quantitative  factor  on  busi-
    16  nesses  certified as minority or women-owned business enterprises pursu-
    17  ant to article fifteen-A  of  the  executive  law  or  section  thirteen
    18  hundred  four  of  this  charter, not-for-profit corporations, and small
    19  businesses, as such term is defined in section thirty-five  hundred  one
    20  of this charter;
    21    §  4.  Subparagraphs  (x) and (xi) of paragraph a of subdivision 36 of
    22  section 2590-h of the education law, as amended by  chapter  98  of  the
    23  laws of 2019, are amended and two new subparagraphs (xii) and (xiii) are
    24  added to read as follows:
    25    (x)  a  process for emergency procurement in the case of an unforeseen
    26  danger to life, safety, property or a necessary  service  provided  that
    27  such  procurement  shall be made with such competition as is practicable
    28  under the circumstances and that a written determination  of  the  basis
    29  for the emergency procurement shall be required and filed with the comp-
    30  troller  of  the  city of New York when such emergency contract is filed
    31  with such comptroller; [and]
    32    (xi) procedures for the fair  and  equitable  resolution  of  contract
    33  disputes[.];
    34    (xii)  employment  goals  established  in  accordance with the program
    35  established pursuant to section thirty-five hundred two of the New  York
    36  city  charter, including but not limited to employment goals established
    37  pursuant to paragraph seven of subdivision a and the corresponding  best
    38  efforts provisions set forth in subdivision d of such section; provided,
    39  however,  that  where a provision of such section requires action by the
    40  director of the office of community hiring  and  workforce  development,
    41  such action shall not be taken by the director of the office of communi-
    42  ty hiring and workforce development but shall be taken by the chancellor
    43  or his or her designee; and
    44    (xiii)  a  quantitative  factor  to be used in the evaluation of bids,
    45  proposals or other offers for the  purposes  of  awarding  of  contracts
    46  based  on  a  bidder,  proposer  or  other offerer's capacity to meet or
    47  exceed goals established pursuant to subparagraph (xii)  of  this  para-
    48  graph, provided that, when incorporating such a quantitative factor into
    49  the  award  process  for  a contract, the chancellor, superintendent, or
    50  school, as applicable, shall consider the potential  impact  of  such  a
    51  quantitative  factor  on businesses certified as minority or women-owned
    52  business enterprises pursuant to article fifteen-A of the executive  law
    53  or  section thirteen hundred four of the New York city charter, not-for-
    54  profit corporations, and small businesses, as such term  is  defined  in
    55  section thirty-five hundred one of such charter.

        S. 4006                            119                           A. 3006
 
     1    §  5.  Subdivision (c) of section 917 of the general municipal law, as
     2  separately amended by chapter 1082 of the laws of 1974 and  chapter  239
     3  of the laws of 2001, is amended to read as follows:
     4    (c)  For the benefit of the city and the inhabitants thereof an indus-
     5  trial development agency, to be known as the New  York  City  Industrial
     6  Development  Agency, is hereby established for the accomplishment of any
     7  or all of the purposes specified in title one of article  eighteen-A  of
     8  this  chapter,  except  that it shall not have the power to construct or
     9  rehabilitate any residential facility or housing of any nature and  kind
    10  whatsoever,   nor  shall  it  use  any  of  its  funds  to  further  the
    11  construction or rehabilitation of any residential facility or housing of
    12  any nature and kind whatsoever. It shall constitute a body corporate and
    13  politic, and be perpetual in duration. It shall only have the powers and
    14  duties conferred by title one of article eighteen-A of this chapter upon
    15  industrial development agencies as of January 1,  1973  except  that  it
    16  shall have the power to finance a rail freight facility and the power to
    17  establish  employment  goals  in accordance with the program established
    18  pursuant to section thirty-five hundred two of the New York  city  char-
    19  ter,  including but not limited to employment goals established pursuant
    20  to paragraph seven of subdivision a and the corresponding  best  efforts
    21  provisions  set forth in subdivision d of such section; provided, howev-
    22  er, that where a provision of such section requires action by the direc-
    23  tor of the office of community hiring and  workforce  development,  such
    24  action  shall  not  be  taken by the director of the office of community
    25  hiring and workforce development but shall be taken by the chief  execu-
    26  tive officer of the agency or his or her designee, and it shall not have
    27  the  power of condemnation. In the exercise of the powers conferred upon
    28  such agency with respect to the acquisition of real property by  article
    29  eighteen-A of this chapter such agency shall be limited to the geograph-
    30  ical jurisdictional limits of the city.
    31    §  6.  Section  816-b of the labor law, as added by chapter 571 of the
    32  laws of 2001, is amended to read as follows:
    33    §  816-b.  Apprenticeship  participation  on  [construction]   certain
    34  governmental contracts. 1. For purposes of this section:
    35    (a)  "governmental  entity" shall mean the state, any state agency, as
    36  that term is defined in section two-a of the state finance law,  munici-
    37  pal  corporation, commission appointed pursuant to law, school district,
    38  district corporation, board of education, board  of  cooperative  educa-
    39  tional  services,  soil conservation district, and public benefit corpo-
    40  ration; [and]
    41    (b) "construction contract" shall mean any contract to which a govern-
    42  mental entity may be a direct  or  indirect  party  which  involves  the
    43  design, construction, reconstruction, improvement, rehabilitation, main-
    44  tenance, repair, furnishing, equipping of or otherwise providing for any
    45  building, facility or physical structure of any kind; and
    46    (c) "city governmental entity" means a governmental entity that is (i)
    47  a  city  with a population of one million or more inhabitants; or (ii) a
    48  city school district or public benefit corporation  operating  primarily
    49  within a city with a population of one million or more inhabitants.
    50    2. Notwithstanding any other provision of this article, of section one
    51  hundred three of the general municipal law, of section one hundred thir-
    52  ty-five  of  the  state finance law, of section one hundred fifty-one of
    53  the public housing law, or of any other general, special or local law or
    54  administrative code, in  entering  into  any  construction  contract,  a
    55  governmental  entity [which] that is to be a direct or indirect party to
    56  such contract may require that any contractors and subcontractors  have,

        S. 4006                            120                           A. 3006
 
     1  prior  to  entering into such contract, apprenticeship agreements appro-
     2  priate for the type and scope of work to be performed,  that  have  been
     3  registered  with,  and  approved  by,  the  commissioner pursuant to the
     4  requirements found in this article. A city governmental entity that is a
     5  direct  or  indirect party to a contract, including but not limited to a
     6  construction contract, may establish in its specifications a requirement
     7  that, in performing the work,  the  contractor  and  its  subcontractors
     8  utilize  a  minimum  ratio  of  apprentices to journey-level workers, as
     9  established by the governmental entity but subject to any maximum  ratio
    10  established  by  the  department, for any classification appropriate for
    11  the type and scope of work to be performed, provided that no such  mini-
    12  mum  ratio  shall  be  established  for  labor  performed  pursuant to a
    13  construction contract subject to a goal for the  employment  of  appren-
    14  tices who reside in economically disadvantaged regions. Whenever utiliz-
    15  ing  [this requirement] these requirements, the governmental entity may,
    16  in addition to whatever considerations are required by law, consider the
    17  degree to which career opportunities in apprenticeship training programs
    18  approved by the commissioner may be provided.
    19    § 7. Notwithstanding any provision of law to the contrary,  any  city-
    20  affiliated  not-for-profit  corporation,  as  such  term  is  defined in
    21  section 3501 of the New York city charter, is  authorized  to  establish
    22  employment  goals in accordance with the program established pursuant to
    23  section 3502 of such charter, including but not  limited  to  employment
    24  goals  established  pursuant  to  paragraph  7  of subdivision a and the
    25  corresponding best efforts provisions set forth in subdivision d of such
    26  section; provided, however, that  where  a  provision  of  such  section
    27  requires  action  by  the director of the office of community hiring and
    28  workforce development of the city of New York, such action shall not  be
    29  taken  by  the  director of the office of community hiring and workforce
    30  development but shall be taken by the chief executive  officer  of  such
    31  corporation, or a duly appointed designee.
    32    § 8. Section 1728 of the public authorities law is amended by adding a
    33  new subdivision 15-a to read as follows:
    34    15-a.  To  establish  employment  goals in accordance with the program
    35  established pursuant to section thirty-five hundred two of the New  York
    36  city  charter, including but not limited to employment goals established
    37  pursuant to paragraph seven of subdivision a and the corresponding  best
    38  efforts provisions set forth in subdivision d of such section; provided,
    39  however,  that  where a provision of such section requires action by the
    40  director of the office of community hiring  and  workforce  development,
    41  such action shall not be taken by the director of the office of communi-
    42  ty  hiring and workforce development but shall be taken by the president
    43  of the authority or his or her designee;
    44    § 9. The opening paragraph of paragraph d of subdivision 5 of  section
    45  1734  of the public authorities law, as added by chapter 738 of the laws
    46  of 1988, is amended to read as follows:
    47    the authority determines that it is in the public  interest  to  award
    48  contracts  pursuant  to a process for competitive requests for proposals
    49  as hereinafter set forth. For purposes of this section,  a  process  for
    50  competitive  requests  for  proposals  shall mean a method of soliciting
    51  proposals and awarding a contract on the basis of a formal evaluation of
    52  the characteristics, such  as  quality,  cost,  delivery  schedule,  the
    53  capacity  to meet or exceed the goals set forth in subdivision fifteen-a
    54  of section seventeen hundred twenty-eight of this title and financing of
    55  such proposals against stated selection criteria. Public notice  of  the
    56  requests  for proposals shall be given in the same manner as provided in

        S. 4006                            121                           A. 3006
 
     1  subdivision three of this section and shall include the selection crite-
     2  ria. In the event the authority makes a material change in the selection
     3  criteria from those previously stated in the notice, it will inform  all
     4  proposers of such change and permit proposers to modify their proposals.
     5  When  the authority includes in the selection criteria for a request for
     6  proposals a quantitative factor based on a proposer's capacity  to  meet
     7  or exceed the goals set forth in subdivision fifteen-a of section seven-
     8  teen  hundred  twenty-eight  of this title, the authority shall consider
     9  the potential impact of such a quantitative factor on businesses  certi-
    10  fied as minority or women-owned business enterprises pursuant to article
    11  fifteen-A of the executive law, section thirteen hundred four of the New
    12  York  city  charter,  or  section  seventeen hundred forty-three of this
    13  title, not-for-profit corporations, and small businesses, as  such  term
    14  is defined in section thirty-five hundred one of the New York city char-
    15  ter.
    16    §  10.  Section  5  of  section  1 of chapter 1016 of the laws of 1969
    17  constituting the New York city health and hospitals corporation act,  is
    18  amended by adding a new subdivision 20-a to read as follows:
    19    20-a.  To  establish  employment  goals in accordance with the program
    20  established pursuant to section thirty-five hundred two of the New  York
    21  city  charter, including but not limited to employment goals established
    22  pursuant to paragraph seven of subdivision a and the corresponding  best
    23  efforts provisions set forth in subdivision d of such section; provided,
    24  however,  that  where a provision of such section requires action by the
    25  director of the office of community hiring  and  workforce  development,
    26  such action shall not be taken by the director of the office of communi-
    27  ty  hiring  and  workforce  development  but  shall  be  taken by a duly
    28  appointed designee of the corporation; and
    29    § 11. Section 8 of section 1 of chapter  1016  of  the  laws  of  1969
    30  constituting  the New York city health and hospitals corporation act, is
    31  amended by adding a new subdivision 1-a to read as follows:
    32    1-a. Notwithstanding any other provision in this act, the  corporation
    33  may establish a quantitative factor to be used in the evaluation of bids
    34  for  the  purposes of awarding of contracts based on a bidder's capacity
    35  to meet or exceed goals established pursuant to subdivision twenty-a  of
    36  section five of this act, provided that when establishing such a quanti-
    37  tative  factor,  the  corporation shall consider the potential impact of
    38  such a quantitative  factor  on  businesses  certified  as  minority  or
    39  women-owned  business  enterprises  pursuant to article fifteen-A of the
    40  executive law or section thirteen hundred four  of  the  New  York  city
    41  charter, not-for-profit corporations, and small businesses, as such term
    42  is defined in section thirty-five hundred one of the New York city char-
    43  ter;
    44    §  12.  Subdivision  b of section 2 of chapter 749 of the laws of 2019
    45  constituting the New York city public works investment act,  is  amended
    46  by adding a new paragraph 12-a to read as follows:
    47    (12-a)  A  quantitative factor to be used in the evaluation of bids or
    48  offers for awarding of contracts based on a bidder or offerer's capacity
    49  to meet or exceed goals established pursuant to subdivision a of section
    50  3502 of the New York city charter;
    51    § 13. No provision of this act shall be construed  to  invalidate  any
    52  provision  of  a  project  labor  agreement,  as such term is defined in
    53  section 3501 of the New York city charter, as added by  section  two  of
    54  this  act,  or  otherwise  affect the contractual rights of any party to
    55  such an agreement.

        S. 4006                            122                           A. 3006
 
     1    § 14. Severability. If any clause, sentence, paragraph, or section  of
     2  this  act is declared invalid or unconstitutional by any court of compe-
     3  tent jurisdiction, after exhaustion of all further judicial review, such
     4  portion shall be deemed severable, and the court's  judgment  shall  not
     5  affect,  impair  or  invalidate  the remainder of this act, but shall be
     6  confined in its operation to the clause, sentence, paragraph, or section
     7  of this act directly involved in the controversy in which  the  judgment
     8  was rendered.
     9    §  15.  This  act  shall  take effect on the one hundred eightieth day
    10  after it shall have become a law; provided that:
    11    (a) sections one, two, three, five,  six,  seven,  eight,  nine,  ten,
    12  eleven,  thirteen,  and  fourteen of this act shall expire and be deemed
    13  repealed seven years after this act takes  effect,  provided  that  such
    14  expiration  and repeal shall not affect any transaction, as such term is
    15  defined by section 3501 of the  New  York  city  charter,  as  added  by
    16  section  two  of  this act, entered into or for which a solicitation was
    17  released prior to such expiration and repeal, or to any renewals, exten-
    18  sions, modifications, or amendments to such transaction;
    19    (b) the amendments to paragraph a of subdivision 36 of section  2590-h
    20  of  the  education law made by section four of this act shall not affect
    21  the expiration of such subdivision and section pursuant to section 34 of
    22  chapter 91 of the laws of 2002 and subdivision 12 of section 17 of chap-
    23  ter 345 of the laws of 2009, as amended, and shall expire and be  deemed
    24  repealed therewith, or seven years after this act takes effect, whichev-
    25  er  occurs  earlier,  provided that such expiration and repeal shall not
    26  affect any transaction entered into or  for  which  a  solicitation  was
    27  released prior to such expiration and repeal, or to any renewals, exten-
    28  sions, modifications, or amendments to such transaction; and
    29    (c) the amendments to chapter 749 of the laws of 2019 constituting the
    30  New York city public works investment act made by section twelve of this
    31  act  shall not affect the expiration and repeal of such chapter pursuant
    32  to section 14 of such chapter, as  amended,  and  shall  expire  and  be
    33  deemed  repealed  therewith, or seven years after this act takes effect,
    34  whichever occurs earlier.
    35    Effective immediately, the addition, amendment and/or  repeal  of  any
    36  rule  or  regulation necessary for the implementation of this act on its
    37  effective date are authorized to be made and completed on or before such
    38  effective date by the director of the office  of  community  hiring  and
    39  workforce  development  of  the city of New York, the chancellor and the
    40  city board of the city school district of the  city  of  New  York,  the
    41  president  of  the New York city school construction authority, the duly
    42  appointed designee of the New York  city  health  and  hospitals  corpo-
    43  ration,  the  chief  executive  officer  of the New York city industrial
    44  development agency, and the chief executive officer of any  city-affili-
    45  ated not-for-profit corporation, as such term is defined by section 3501
    46  of the New York city charter, as added by section two of this act.

    47                                   PART U
 
    48    Section  1. Subdivision 2 of section 410-u of the social services law,
    49  as amended by section 1 of part L of chapter 56 of the laws of 2022,  is
    50  amended to read as follows:
    51    2.  The  state  block  grant  for child care shall be divided into two
    52  parts pursuant to a plan developed by the department and approved by the
    53  director of the budget. One part shall  be  retained  by  the  state  to
    54  provide child care on a statewide basis to special groups and for activ-

        S. 4006                            123                           A. 3006
 
     1  ities  to  increase  the  availability  and/or  quality  of  child  care
     2  programs, including, but not limited to,  the  start-up  of  child  care
     3  programs,  the  operation  of child care resource and referral programs,
     4  training  activities,  the  regulation  and  monitoring  of  child  care
     5  programs, the development of computerized  data  systems,  and  consumer
     6  education,  provided  however,  that  child  care  resource and referral
     7  programs funded under title five-B of article six of this chapter  shall
     8  meet  additional  performance  standards  developed by the department of
     9  social services including but not limited to: increasing the  number  of
    10  child  care  placements  for  persons  who  are at or below [two hundred
    11  percent of the state income standard, or three hundred  percent  of  the
    12  state  income  standard effective August first, two thousand twenty-two,
    13  provided such persons are at or below] eighty-five percent of the  state
    14  median  income,  with emphasis on placements supporting local efforts in
    15  meeting federal and state work  participation  requirements,  increasing
    16  technical  assistance  to  all modalities of legal child care to persons
    17  who are at or below [two hundred percent of the state  income  standard,
    18  or  three  hundred percent of the state income standard effective August
    19  first, two thousand twenty-two, provided such persons are at  or  below]
    20  eighty-five  percent of the state median income, including the provision
    21  of training to assist providers in meeting child care standards or regu-
    22  latory requirements, and creating  new  child  care  opportunities,  and
    23  assisting social services districts in assessing and responding to child
    24  care  needs  for  persons  at or below [two hundred percent of the state
    25  income standard, or three hundred percent of the state  income  standard
    26  effective  August  first, two thousand twenty-two, provided such persons
    27  are at or below] eighty-five percent of the  state  median  income.  The
    28  department  shall  have the authority to withhold funds from those agen-
    29  cies which do not meet performance standards. Agencies whose  funds  are
    30  withheld  may  have funds restored upon achieving performance standards.
    31  The other part shall  be  allocated  to  social  services  districts  to
    32  provide  child  care  assistance to families receiving family assistance
    33  and to other low income families.
    34    § 2.  Subdivisions 1 and 3 of section 410-w  of  the  social  services
    35  law,  subdivision  1  as amended by section 2 of part L of chapter 56 of
    36  the laws of 2022, and subdivision 3 as amended by  chapter  834  of  the
    37  laws of 2022, are amended to read as follows:
    38    1.  A  social services district may use the funds allocated to it from
    39  the block grant to provide child care assistance to:
    40    (a) families receiving public assistance when such child care  assist-
    41  ance is necessary: to enable a parent or caretaker relative to engage in
    42  work,  participate  in  work  activities  or perform a community service
    43  pursuant to title nine-B of article five of this chapter;  to  enable  a
    44  teenage  parent  to  attend  high  school  or  other equivalent training
    45  program; because the parent  or  caretaker  relative  is  physically  or
    46  mentally incapacitated; or because family duties away from home necessi-
    47  tate the parent or caretaker relative's absence; child day care shall be
    48  provided during breaks in activities[, for a period of up to two weeks].
    49  Such child day care [may] shall be authorized [for a period of up to one
    50  month if child care arrangements shall be lost if not continued, and the
    51  program  or employment is scheduled to begin within such period] for the
    52  period designated by the regulations of the department;
    53    (b) families with incomes up to [two  hundred  percent  of  the  state
    54  income  standard,  or three hundred percent of the state income standard
    55  effective August first, two thousand twenty-two] eighty-five percent  of
    56  the  state  median  income who are attempting through work activities to

        S. 4006                            124                           A. 3006

     1  transition off of public assistance when such child care is necessary in
     2  order to enable a  parent  or  caretaker  relative  to  engage  in  work
     3  provided  such  families'  public  assistance  has  been terminated as a
     4  result  of  increased  hours  of  or income from employment or increased
     5  income from child support  payments  or  the  family  voluntarily  ended
     6  assistance; provided that the family received public assistance at least
     7  three  of  the  six  months preceding the month in which eligibility for
     8  such assistance terminated or ended or provided  that  such  family  has
     9  received  child care assistance under subdivision four of this section[;
    10  and provided, the family income does not exceed eighty-five  percent  of
    11  the state median income];
    12    (c)  families  with  incomes  up  to [two hundred percent of the state
    13  income standard, or three hundred percent of the state  income  standard
    14  effective  August first, two thousand twenty-two] eighty-five percent of
    15  the state median income, which are determined  in  accordance  with  the
    16  regulations  of  the  department  to be at risk of becoming dependent on
    17  family assistance[; provided, the family income does not exceed  eighty-
    18  five percent of the state median income];
    19    (d)  families  with  incomes  up  to [two hundred percent of the state
    20  income standard, or three hundred percent of the state  income  standard
    21  effective  August first, two thousand twenty-two] eighty-five percent of
    22  the state median income, who are attending a post secondary  educational
    23  program[;  provided,  the  family  income  does  not  exceed eighty-five
    24  percent of the state median income]; and
    25    (e) other families with incomes up to  [two  hundred  percent  of  the
    26  state  income  standard,  or  three  hundred percent of the state income
    27  standard effective August first,  two  thousand  twenty-two,  which  the
    28  social services district designates in its consolidated services plan as
    29  eligible  for  child  care  assistance] eighty-five percent of the state
    30  median income in accordance with criteria  established  by  the  depart-
    31  ment[;  provided,  the family income does not exceed eighty-five percent
    32  of the state median income].
    33    3. A social services district shall guarantee child care assistance to
    34  families in receipt of public assistance with  children  under  thirteen
    35  years  of  age when such child care assistance is necessary for a parent
    36  or caretaker relative to engage in work or participate  in  work  activ-
    37  ities pursuant to the provisions of title nine-B of article five of this
    38  chapter.  Child care assistance shall continue to be guaranteed for such
    39  a family for a period of twelve months or may be provided  by  a  social
    40  service  district for a period up to twenty-four months, after the month
    41  in which the family's eligibility for public assistance  has  terminated
    42  or ended when such child care is necessary in order to enable the parent
    43  or  caretaker  relative  to  engage  in work, provided that the family's
    44  public assistance has been terminated as a result of an increase in  the
    45  hours  of  or  income  from  employment  or  increased income from child
    46  support payments or because the  family  voluntarily  ended  assistance;
    47  that  the family received public assistance in at least three of the six
    48  months preceding the month in  which  eligibility  for  such  assistance
    49  terminated or ended or provided that such family has received child care
    50  assistance under subdivision four of this section; and that the family's
    51  income  does  not exceed [two hundred percent of the state income stand-
    52  ard, or three hundred percent of the  state  income  standard  effective
    53  August  first,  two thousand twenty-two; and that the family income does
    54  not exceed] eighty-five percent of the state median income.  Such  child
    55  day  care  shall recognize the need for continuity of care for the child

        S. 4006                            125                           A. 3006
 
     1  and a district shall not move a child from an existing  provider  unless
     2  the participant consents to such move.
     3    §  3.  Paragraph  (a)  of subdivision 2 of section 410-x of the social
     4  services law, as amended by chapter 416 of the laws of 2000, is  amended
     5  to read as follows:
     6    (a)  [A social services district] The department may establish priori-
     7  ties for the  families  which  will  be  eligible  to  receive  funding;
     8  provided that the priorities provide that eligible families will receive
     9  equitable access to child care assistance funds to the extent that these
    10  funds are available.
    11    §  4.  Paragraphs (b) and (c) of subdivision 2 of section 410-x of the
    12  social services law are REPEALED.
    13    § 5. This act shall take effect October 1, 2023. The office  of  chil-
    14  dren  and  family services is hereby authorized to promulgate such rules
    15  and regulations as may be necessary, including on an emergency basis, to
    16  implement the provisions of this act.
 
    17                                   PART V
 
    18    Section 1. Section 3 of part N of chapter 56  of  the  laws  of  2020,
    19  amending the social services law relating to restructuring financing for
    20  residential  school  placements,  as  amended  by section 1 of part M of
    21  chapter 56 of the laws of 2022, is amended to read as follows:
    22    § 3. This act shall take effect immediately [and shall expire  and  be
    23  deemed  repealed April 1, 2023]; provided however that the amendments to
    24  subdivision 10 of section 153 of the social services law made by section
    25  one of this act, shall not affect the expiration of such subdivision and
    26  shall be deemed to expire therewith.
    27    § 2. This act shall take effect immediately.

    28                                   PART W
 
    29    Section 1. Section 11 of subpart A of part G of chapter 57 of the laws
    30  of 2012, amending the social services  law  and  the  family  court  act
    31  relating  to  establishing  a  juvenile  justice  services close to home
    32  initiative, as amended by section 2 of part G of chapter 56 of the  laws
    33  of 2018, is amended to read as follows:
    34    §  11.  This  act shall take effect April 1, 2012 [and shall expire on
    35  March 31, 2023 when upon such date the provisions of this act  shall  be
    36  deemed  repealed;  provided,  however,  that  effective immediately, the
    37  addition, amendment and/or repeal of any rule  or  regulation  necessary
    38  for  the implementation of this act on its effective date are authorized
    39  and directed to be made and completed on or before such effective  date;
    40  provided,  however,  upon  the  repeal  of  this  act, a social services
    41  district that has custody  of  a  juvenile  delinquent  pursuant  to  an
    42  approved juvenile justice services close to home initiative shall retain
    43  custody  of such juvenile delinquent until custody may be legally trans-
    44  ferred in an orderly fashion  to  the  office  of  children  and  family
    45  services].
    46    §  2.  Section  7  of subpart B of part G of chapter 57 of the laws of
    47  2012, amending the social services law, the family  court  act  and  the
    48  executive  law relating to juvenile delinquents, as amended by section 3
    49  of part G of chapter 56 of the laws of  2018,  is  amended  to  read  as
    50  follows:
    51    §  7.  This  act  shall take effect April 1, 2012 [and shall expire on
    52  March 31, 2023 when upon such date the provisions of this act  shall  be

        S. 4006                            126                           A. 3006

     1  deemed  repealed;  provided,  however,  that  effective immediately, the
     2  addition, amendment and/or repeal of any rule  or  regulation  necessary
     3  for  the  implementation of this act on its effective date is authorized
     4  and directed to be made and completed on or before such effective date].
     5    §  3.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after March 31, 2023.
 
     7                                   PART X
 
     8    Section 1. Subdivision 1 of section 336-a of the social services  law,
     9  as  amended  by  chapter  275 of the laws of 2017, is amended to read as
    10  follows:
    11    1. Social services districts shall make  available  vocational  educa-
    12  tional training and educational activities.  Such activities may include
    13  but  need not be limited to, high school education or education designed
    14  to prepare a participant for  a  high  school  equivalency  certificate,
    15  basic  and  remedial education, education in English proficiency, educa-
    16  tion or a course of  instruction  in  financial  literacy  and  personal
    17  finance  that  includes  instruction  on household cash management tech-
    18  niques, career advice to obtain a well  paying  and  secure  job,  using
    19  checking  and  savings  accounts, obtaining and utilizing short and long
    20  term credit, securing a loan or other long  term  financing  arrangement
    21  for  high  cost  items,  participation  in  a higher education course of
    22  instruction or trade school, and no more than a total of four  years  of
    23  post-secondary  education  (or  the  part-time  equivalent). Educational
    24  activities pursuant to this section may  be  offered  with  any  of  the
    25  following  providers  which meet the performance or assessment standards
    26  established in regulations by the commissioner  for  such  providers:  a
    27  community college, licensed trade school, registered business school, or
    28  a  two-year or four-year college; provided, however, that such post-sec-
    29  ondary education must be necessary to  the  attainment  of  the  partic-
    30  ipant's  individual  employment  goal  as set forth in the employability
    31  plan and such goal must relate directly to obtaining  useful  employment
    32  [in  a  recognized  occupation].  When making [any] an assignment to any
    33  educational activity pursuant to this subdivision, such assignment shall
    34  be permitted only to the extent that such assignment is consistent  with
    35  the individual's assessment and employment plan goals in accordance with
    36  sections  three  hundred  thirty-five and three hundred thirty-five-a of
    37  this title and shall require that the individual maintains  satisfactory
    38  academic progress and hourly participation is documented consistent with
    39  federal  and  state requirements. For purposes of this provision "satis-
    40  factory academic progress" shall mean having a cumulative C average,  or
    41  its  equivalent, as determined by the academic institution. The require-
    42  ment to maintain satisfactory academic progress may be waived if done so
    43  by the academic institution and the social services  district  based  on
    44  undue  hardship  caused by an event such as a personal injury or illness
    45  of the student, the death of a relative of the student or  other  exten-
    46  uating circumstances. [Any enrollment in post-secondary education beyond
    47  a twelve month period must be combined with no less than twenty hours of
    48  participation  averaged  weekly in paid employment or work activities or
    49  community service when paid employment is not available.]  Participation
    50  in  an  educational  and/or  vocational  training  program,  that  shall
    51  include, but  not  be  limited  to,  a  two-year  post-secondary  degree
    52  program, which is necessary for the participant to attain their individ-
    53  ual  employment  goal and is likely to lead to a degree or certification
    54  and sustained  employment, shall be approved consistent with such  indi-

        S. 4006                            127                           A. 3006

     1  vidual's  assessment  and  employability  plan  to  the extent that such
     2  approval does not jeopardize the state's ability to comply with  federal
     3  work  participation  rates, as determined by the office of temporary and
     4  disability assistance.
     5    §  2.  Paragraph  (a)  of subdivision 8 of section 131-a of the social
     6  services law is amended by adding two new subparagraphs (xi)  and  (xii)
     7  to read as follows:
     8    (xi) all of the earned income of a recipient of public assistance that
     9  is  derived  from participation in a qualified work activity or training
    10  program as determined by the office of temporary and disability  assist-
    11  ance,  to the extent that such earned income has not already been disre-
    12  garded pursuant to subparagraph (vii) of this paragraph,  provided  that
    13  the  recipient's total income shall not be more than two hundred percent
    14  of the federal poverty level.
    15    (xii) once during the lifetime of a recipient  of  public  assistance,
    16  all of the earned income of such recipient will be disregarded following
    17  job entry, provided that such exemption of income for purposes of public
    18  assistance  eligibility shall be for no more than six consecutive months
    19  from the initial date of obtaining such employment and that the  recipi-
    20  ent's  total  income  shall  not be more than two hundred percent of the
    21  federal poverty level.
    22    § 3. This act shall take effect on the two hundred fortieth day  after
    23  it shall have become a law.
 
    24                                   PART Y

    25    Section  1. The social services law is amended by adding a new section
    26  152-d to read as follows:
    27    § 152-d. Replacement of stolen public assistance.  1.  Notwithstanding
    28  section  three hundred fifty-j of this article and subdivision eleven of
    29  section one hundred thirty-one of this title,  and  in  accordance  with
    30  this  section,  public  assistance  recipients shall receive replacement
    31  assistance for the loss of public assistance, as defined in  subdivision
    32  nineteen  of  section two of this chapter, in instances when such public
    33  assistance has been stolen as a result of card skimming, cloning,  third
    34  party misrepresentation or other similar fraudulent activities, consist-
    35  ent  with  guidance  issued  by  the  office of temporary and disability
    36  assistance.
    37    2. The office of temporary and disability assistance shall establish a
    38  protocol for recipients to report incidents of stolen public assistance.
    39    3. Social services districts  shall  promptly  replace  stolen  public
    40  assistance,  however,  such  replacement  shall occur no later than five
    41  business days after the social services district has verified the public
    42  assistance was stolen in accordance with  guidance  established  by  the
    43  office of temporary and disability assistance.
    44    4.  For  public  assistance  that  is  verified as stolen, replacement
    45  assistance shall be provided by the social services district in  accord-
    46  ance with this section as follows:
    47    (a)  the  lesser  of:  (i)  the  amount  of public assistance that was
    48  stolen; or (ii) the amount of public assistance provided during the  two
    49  most recent months prior to such assistance being stolen; and
    50    (b)(i)  no  more  than  twice in a federal fiscal year to cover public
    51  assistance stolen on or after October  first,  two  thousand  twenty-two
    52  through  September  thirtieth, two thousand twenty-four; or (ii) no more
    53  than once in a federal fiscal year to cover public assistance stolen  on
    54  or after October first, two thousand twenty-four.

        S. 4006                            128                           A. 3006
 
     1    5.  Any  replacement  assistance  provided under this section shall be
     2  exempt from recoupment and recovery provisions under title six of  arti-
     3  cle  three of this chapter; provided, however, that assistance shall not
     4  be exempt from recoupment and recovery if it is  later  determined  that
     5  the public assistance that was replaced pursuant to this section was not
     6  stolen  as  a result of card skimming, cloning, third party misrepresen-
     7  tation or other similar fraudulent activities.
     8    § 2. This act shall take effect immediately.
 
     9                                   PART Z
 
    10    Section 1.   Paragraphs (a), (b), (c) and  (d)  of  subdivision  1  of
    11  section  131-o  of  the  social services law, as amended by section 1 of
    12  part S of chapter 56 of the  laws  of  2022,  are  amended  to  read  as
    13  follows:
    14    (a)  in  the  case of each individual receiving family care, an amount
    15  equal to at least [$161.00] $175.00 for each month beginning on or after
    16  January first, two thousand [twenty-two] twenty-three.
    17    (b) in the case of each  individual  receiving  residential  care,  an
    18  amount  equal  to at least [$186.00] $202.00 for each month beginning on
    19  or after January first, two thousand [twenty-two] twenty-three.
    20    (c) in the case of  each  individual  receiving  enhanced  residential
    21  care,  an  amount  equal  to  at  least [$222.00] $241.00 for each month
    22  beginning on or after January first, two thousand  [twenty-two]  twenty-
    23  three.
    24    (d)  for  the  period  commencing January first, two thousand [twenty-
    25  three] twenty-four, the monthly personal needs  allowance  shall  be  an
    26  amount  equal  to  the sum of the amounts set forth in subparagraphs one
    27  and two of this paragraph:
    28    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    29  subdivision; and
    30    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    31  the percentage of any  federal  supplemental  security  income  cost  of
    32  living adjustment which becomes effective on or after January first, two
    33  thousand  [twenty-three]  twenty-four,  but prior to June thirtieth, two
    34  thousand  [twenty-three]  twenty-four,  rounded  to  the  nearest  whole
    35  dollar.
    36    §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
    37  section 209 of the social services law, as amended by section 2 of  part
    38  S of chapter 56 of the laws of 2022, are amended to read as follows:
    39    (a)  On  and  after  January  first, two thousand [twenty-two] twenty-
    40  three, for an eligible individual living alone, [$928.00] $1,001.00; and
    41  for an eligible couple living alone, [$1,365.00] $1,475.00.
    42    (b)  On  and  after   January   first,   two   thousand   [twenty-two]
    43  twenty-three,  for  an  eligible  individual  living with others with or
    44  without in-kind income, [$864.00] $937.00; and for  an  eligible  couple
    45  living   with   others  with  or  without  in-kind  income,  [$1,307.00]
    46  $1,417.00.
    47    (c) On and after January first, two thousand [twenty-two]twenty-three,
    48  (i) for  an  eligible  individual  receiving  family  care,  [$1,107.48]
    49  $1,180.48 if he or she is receiving such care in the city of New York or
    50  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    51  eligible couple receiving family care in the city of  New  York  or  the
    52  county of Nassau, Suffolk, Westchester or Rockland, two times the amount
    53  set  forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
    54  ble individual receiving such care in any other  county  in  the  state,

        S. 4006                            129                           A. 3006
 
     1  [$1,069.48]  $1,142.48;  and  (iv) for an eligible couple receiving such
     2  care in any other county in the state, two times the amount set forth in
     3  subparagraph (iii) of this paragraph.
     4    (d)   On   and   after   January   first,  two  thousand  [twenty-two]
     5  twenty-three, (i) for an eligible individual receiving residential care,
     6  [$1,276.00] $1,349.00 if he or she is receiving such care in the city of
     7  New York or the county of Nassau, Suffolk, Westchester or Rockland;  and
     8  (ii)  for  an  eligible couple receiving residential care in the city of
     9  New York or the county of Nassau, Suffolk, Westchester or Rockland,  two
    10  times  the  amount  set  forth in subparagraph (i) of this paragraph; or
    11  (iii) for an eligible individual receiving such care in any other county
    12  in the state, [$1,246.00] $1,319.00; and (iv)  for  an  eligible  couple
    13  receiving  such  care  in  any  other county in the state, two times the
    14  amount set forth in subparagraph (iii) of this paragraph.
    15    (e)  On  and  after   January   first,   two   thousand   [twenty-two]
    16  twenty-three, (i) for an eligible individual receiving enhanced residen-
    17  tial  care,  [$1,535.00]  $1,608.00;  and  (ii)  for  an eligible couple
    18  receiving enhanced residential care, two times the amount set  forth  in
    19  subparagraph (i) of this paragraph.
    20    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    21  vision  shall  be  increased to reflect any increases in federal supple-
    22  mental security income benefits for individuals or couples which  become
    23  effective  on  or after January first, two thousand [twenty-three] twen-
    24  ty-four but prior to June thirtieth, two thousand  [twenty-three]  twen-
    25  ty-four.
    26    § 3. This act shall take effect December 31, 2023.
    27    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    28  sion,  section  or  part  of  this act shall be adjudged by any court of
    29  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    30  impair,  or  invalidate  the remainder thereof, but shall be confined in
    31  its operation to the clause, sentence, paragraph,  subdivision,  section
    32  or part thereof directly involved in the controversy in which such judg-
    33  ment shall have been rendered. It is hereby declared to be the intent of
    34  the  legislature  that  this  act  would  have been enacted even if such
    35  invalid provisions had not been included herein.
    36    § 3. This act shall take effect immediately  provided,  however,  that
    37  the  applicable effective date of Parts A through Z of this act shall be
    38  as specifically set forth in the last section of such Parts.
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