Relates to contracts of excellence, library funding, reimbursement of school districts, apportionment of school aid, building aid, foundation aid base, apportionment of school aid and of current year approved expenditures for debt service, apportionment of transportation aid, academic enhancement aid, high tax aid, Medicaid reimbursement, gap elimination adjustment, small government assistance and maximum class size; relates to the former New York State Theatre Institute; transfers all the rights and property held by the former New York State Theatre Institute to the office of general services and authorizes the commissioner of general services to transfer all the property that was part of the former New York State Theatre Institute to the Sage Colleges; relates to capital facilities in support of the state university and community colleges; relates to procurement in support of the state and city universities; relates to state university health care facilities; authorizes the commissioner of the office of children and family services to close certain facilities and makes other decisions necessary for the cost-effective and efficient operation of facilities operated by the office; relates to funding and utilization of juvenile detention and funding for supervision and treatment services; relates to the use of surplus funds from the greater Catskills flood remediation program; relates to directing the office of children and family services to annually provide, to the legislative leaders and social services districts, a detailed report on the total cost and operating capacity of its juvenile facilities; relates to eligibility requirements for student financial aid; relates to the effectiveness of certain provisions of law; provides for the administration of certain funds and accounts related to the 2011-2012 budget; authorizes certain payments and transfers; relates to the school tax relief fund; relates to the issuance of revenue bonds; relates to mental health service facilities financing; relates to the effectiveness of certain provisions of law; relates to environmental infrastructure projects; relates to certificates of participation; relates to housing program bonds and notes; relates to the issuance of bonds by the dormitory authority and the New York state environmental facilities corporation; provides funding for certain community projects, relating to increasing such funding, relating to certain monetary transfers; relates to voting of directors of local government assistance corporation; relates to library construction; relates to community enhancement facilities projects; relates to the amount of bonds issued for community enhancement projects; relates to providing for the administration of certain funds and accounts related to the 2002-2003 budget; relates to bonds or notes; relates to the issuance of bonds by the dormitory authority and the New York state urban development corporation; relates to the aggregate principal amount; relates to financing economic development and regional initiatives and in relation to the issuance of bonds or notes for the purpose of funding project costs for regional economic development council initiatives, communities impacted by the closure of New York state prison and correctional facilities and other states' costs associated with such projects; relates to the effectiveness of certain provisions of law; and relates to governing operators of commercial motor vehicles and federal requirements for medical certification pertaining to such operators.
S2808-2011 Actions
- Mar 31, 2011: SIGNED CHAP.58
- Mar 30, 2011: DELIVERED TO GOVERNOR
- Mar 30, 2011: returned to senate
- Mar 30, 2011: passed assembly
- Mar 30, 2011: message of necessity - 3 day message
- Mar 30, 2011: ordered to third reading rules cal.16
- Mar 30, 2011: substituted for a4008d
- Mar 30, 2011: referred to ways and means
- Mar 30, 2011: DELIVERED TO ASSEMBLY
- Mar 30, 2011: PASSED SENATE
- Mar 30, 2011: MESSAGE OF NECESSITY
- Mar 30, 2011: AMENDED ON THIRD READING (T) 2808D
- Mar 30, 2011: AMENDED ON THIRD READING (T) 294
- Mar 30, 2011: ORDERED TO THIRD READING CAL.294
- Mar 30, 2011: PRINT NUMBER 2808C
- Mar 30, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Mar 12, 2011: PRINT NUMBER 2808B
- Mar 12, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 25, 2011: PRINT NUMBER 2808A
- Feb 25, 2011: AMEND (T) AND RECOMMIT TO FINANCE
- Feb 1, 2011: REFERRED TO FINANCE
S2808-2011 Votes
VOTE: COMMITTEE VOTE:
- Finance
- Mar 30, 2011
Ayes (27): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Gianaris, Kruger, Montgomery, Oppenheimer, Stavisky, Stewart-Cousins
Ayes W/R (2): Dilan, Peralta
Nays (5): Diaz, Duane, Parker, Perkins, Rivera
VOTE: FLOOR VOTE:
- Mar 30, 2011
Ayes (49): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Valesky, Young, Zeldin
Nays (13): Adams, Diaz, Duane, Espaillat, Hassell-Thomps, Kennedy, Krueger, Parker, Peralta, Perkins, Rivera, Smith, Stewart-Cousin
S2808-2011 Memo
BILL NUMBER:S2808 TITLE OF BILL: An act to amend the education law, in relation to contracts of excellence, library funding, reimbursement of school districts, electronic format materials and reporting requirements, apportionment of school aid, building aid, foundation aid base, apportionment of school aid and of current year approved expenditures for debt service, apportionment of transportation aid, academic enhancement aid, incentive operating aid for reorganized districts, high tax aid, Medicaid reimbursement, gap elimination adjustment, school district performance incentive grants, grants, maximum class size; to amend the state finance law, in relation to base grant; 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 apportionment and reimbursement; in relation to the apportionment of funds to the education jobs fund; to amend chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government, chapter 386 of the laws of 1996 amending the education law relating to providing for a waiver allowing state aid in certain circumstances, chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees, chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, chapter 57 of the laws of 2008 amending the education law relating to the universal pre-kindergarten program, in relation to school aid and extending the expiration of certain provisions of such chapters; to amend chapter 665 of the laws of 1963, relating to the human resources school, in relation to changing such name to the Henry Viscardi school; to amend the public authorities law, in relation to approved non-profit schools for the deaf and blind or other students with disabilities, in relation to school bus driver training; in relation to the support of public libraries; to provide special apportionment for salary expenses; to provide special apportionment for public pension expenses; in relation to suballocation of certain education department accruals; in relation to purchases by the city school district of Rochester; to repeal section 23 of chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets, in relation to the effectiveness thereof; to repeal certain provisions of the education law, in relation to instruction of the deaf and blind; and providing for the repeal of section 86 of this act on March 31, 2012 when upon such date the provisions of such section shall be deemed repealed (Part A); to amend the education law, in relation to the school district management efficiency awards program and school district performance improvement awards grant (Part B); to repeal article 9 of the arts and cultural affairs law relating to the New York state theatre institute corporation and section 97-u of state finance law relating to the New York state theatre institute corporation fund, and to establish procedures for the transfer and ownership of rights and real property currently held by the entity formerly referred to as the New York state theatre institute (Part C); to amend the education law, the public authorities law and the public buildings law, in relation to capital facilities in support of the state university and community colleges; and providing for the repeal of certain provisions upon expiration thereof (Subpart A); to amend the education law and the state finance law, in relation to procurement in support of the state and city universities; and providing for the repeal of such provisions upon expiration thereof (Subpart B); to amend the education law, in relation to state university health care facilities; and providing for the repeal of such provisions upon expiration thereof (Subpart C); and to enact certain reporting requirements; and providing for the repeal of such provisions upon expiration thereof (Subpart D) (Part D); to amend the education law, in relation to tuition assistance program award determinations (Part E); to amend the education law, in relation to income as a determinate of tuition assistance awards (Part F); to amend the education law, in relation to restrictions on eligibility to receive awards and loans; and to repeal certain provisions of such law relating thereto (Part G); to amend the education law, in relation to tuition assistance program awards (Part H); to amend the education law, in relation to good academic standing requirements (Part I); to amend the education law, in relation to tuition assistance program awards for graduate school students; and to repeal certain provisions of such law relating thereto (Part J); to amend chapter 31 of the laws of 1985, amending the education law relating to regents scholarships in certain professions, in relation to the physician loan forgiveness program (Part K); to amend chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, in relation to the effectiveness thereof (Part L); to amend chapter 161 of the laws of 2005, amending the education law and other laws relating to the social worker loan forgiveness program, in relation to the effectiveness thereof (Part M); to amend the real property tax law and the tax law, in relation to containing the cost of the STAR program and allowing the renunciation of STAR and other property tax exemptions (Part N); to amend the education law, in relation to maintenance costs for students with disabilities placed in a residential school under article 89 of the education law; and to amend the social services law, in relation to expenditures by social services districts for children in residential schools (Part O); to amend the social services law and the executive law, in relation to establishing a primary prevention incentive program; to amend the executive law, in relation to delinquent and runaway youths; to repeal subdivision 3 of section 409-a of the social services law, relating to community optional preventive services; and to repeal article 10-A of the social services law, relating to the William B. Hoyt memorial children and family trust (Part P); to amend the executive law, in relation to prior notice for closure of facilities operated by the office of children and family services; and to repeal certain provisions of such law relating thereto (Subpart A); and to amend the executive law, the family court act, the social services law and the county law, in relation to funding and utilization of juvenile detention and funding for supervision and treatment services; to repeal subdivisions 7 and 8 of section 530 of the executive law, relating to state operation of juvenile detention and approval of new juvenile detention capacity; and to repeal certain provisions of article 7 of the family court act and subdivision 12 of section 153 of the social services law, relating to the use of detention for persons alleged or adjudicated to be in need of supervision (Subpart B) (Part Q); to amend the social services law, in relation to the fee charged for clearances from the statewide central register of child abuse or maltreatment (Part R); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons (Part S); to amend the social services law, in relation to sanctions imposed for noncompliance with public assistance work requirements; and to repeal certain provisions of such law relating thereto and providing for the repeal of such provisions upon expiration thereof (Part T); to amend the social services law, in relation to the standards of monthly need for persons in receipt of public assistance (Part U); to amend the private housing finance law, in relation to the neighborhood and rural preservation program and to repeal articles 16 and 17 of such law relating thereto (Part V); and to amend chapter 62 of the laws of 2003 amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to extending the interest assessment surcharge fund (Part W) PURPOSE: This bill contains provisions needed to implement the Education, Labor and Family Assistance portions of the 2011-12 Executive Budget. This memorandum describes Parts A through W of the bill which are described wholly within the parts listed below. Part A - Amend the Education Law to realign School Aid and make other changes necessary to implement education-related programs in the Executive Budget. Purpose: This bill contains various provisions necessary for implementation of the education portion of the 2011-12 Executive Budget. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Public education in New York represents a significant commitment of State and local resources. With total State and local spending levels exceeding $53 billion, New Yorkers have maintained the highest per-pupil spending levels in the nation even in these difficult financial times. Education is the largest area of State spending. This is a reflection of New York State's long-standing commitment to providing opportunity for all students and ensuring that the children of New York have an opportunity for a sound, basic education. Although today's economic climate imposes significant limitations on funding of public education, the State's commitment to ensuring that this critical standard is met is unwavering. Accordingly, we must improve the performance of our schools in educating our children through greater efficiency and wiser investments. In addition, as we proceed in future years, we must reassess the State's approach to public education to ensure that it meets the needs of our children for the future. This bill includes several measures to realign School Aid along with other changes necessary to implement education-related programs in the Executive Budget. The major initiatives include: * Foundation Aid and Other Operating Support: Funding for individual aid categories that provide operating support to school districts will be continued at current levels for the 2011-12 and the 2012-13 school years. These include: Foundation Aid, Academic Enhancement Grants, High Tax Aid, Supplementary Public Excess Cost Aid, and Universal Prekindergarten. In addition, this bill would adjust the phase-in schedule for Foundation Aid so it would be fully phased-in by 2016-17. * Gap Elimination Adjustment: This bill would authorize a Gap Elimination Adjustment (GEA) formula that reduces School Aid progressively, accounting for each school district's wealth, student need, administrative efficiency and residential property tax burden. The GEA would be applied against formula-based School Aid, excluding Building Aid and Universal Prekindergarten. It would reduce School Aid by a $2.8 billion GEA in the 2011-12 school year, which translates to a $2.0 billion reduction in State General Fund support in the 2011-12 State fiscal year. In future years, the GEA would be continued and scaled to limit annual growth in School Aid based on growth in New York personal income. * Building Aid: This bill would redesign Building Aid to target limited State resources for school construction by aligning reimbursement rates more closely with the fiscal capacity of school districts. This bill would .also create a new funding structure for school construction that will use a competitive application process that considers the need for the project, the age of the building to be renovated or replaced and district fiscal capacity. This new process would provide an authorization for $2 billion in new reimbursable construction expenses annually for school districts statewide. * Transportation Aid: Prospective changes to the Transportation Aid program would be made to encourage cost-effective school transportation services. By the end of the 2012-13 school year, school districts must either demonstrate participation in a cost-effective shared services program or use best practices identified as efficient by the State Education Department. Noncompliance would result in graduated reductions in the percentage of costs the State would reimburse, beginning in the 2013-14 school year. Limits would also be placed on reimbursement to ensure that the acquisition of school buses are cost justified. * Boards of Cooperative Educational Services (BOCES) Aid: Beginning with aid payable in the 2012-13 school year, the State aid ratios used in the calculation of BOCES Aid would be more closely aligned with those used in the calculation of Foundation Aid. In addition, certain non-instructional shared services provided by BOCES would no longer be reimbursed by the State. * Summer School Special Education: State reimbursement to school districts for summer school special education costs would be changed from a flat rate of 70 percent for all districts to the Foundation Aid State sharing ratio for each district, starting with the 2011-12 school year. This change would conform reimbursement for summer school special education with the more equitable wealth adjusted financing structure of the State's School Aid funding system. This bill would also limit the portion of the current year appropriation that is available to pay prior years' claims. * State Supported Schools for the Blind and Deaf: Beginning with the 2011-12 school year, the 11 State Supported Schools for the Blind and Deaf would be consolidated into the broader private special education school classification. This consolidation will better align the funding for these schools with that of other private special education schools. The amendment would maintain the ability of State Supported Schools for the Blind and Deaf to finance capital projects through the Dormitory Authority. * Library Aid: The Library Aid program provides operating support to more than 700 public libraries, 23 public library systems, 41 school district library systems and 9 reference and research library systems. This bill would permanently authorize Library Aid payments to be disbursed pursuant to the same methodology enacted in recent years. * Contract for Excellence: School districts recently participating in the Contracts for Excellence program would continue operating approved academic intervention programs consistent with Contract for Excellence requirements. However, the required investment in these programs Will be permitted to decline by the same percentage as the district's formula-based aid will be reduced under the Gap Elimination Adjustment. This approach will ensure the continued participation of 23 school districts, including all "Big Five" city school districts (New York City, Buffalo, Rochester, Syracuse and Yonkers). * Access to Employee Benefit Accrued Liability Reserve Funds: School districts would be authorized to withdraw excess funds in an Employee Benefits Accrued Liability Reserve Fund in order to maintain educational programming during the 2011-12 school year. The amount withdrawn could not exceed the Gap Elimination Adjustment for a school district. * Claiming Limits: The State's liabilities for School Aid would be limited to data and claims on file with the State Education Department by the statutory deadline for the production of the data set used in developing the Executive Budget. * School District Charter School Payments: The per pupil charter school tuition payments made by school districts to charter schools for the 2011-12 and 2012-13 school years would be maintained at 2010-11 levels. * County Vocational Education and Extension Boards (CVEEBs): Reimbursement for CVEEBs would be limited to courses submitted to the Commissioner of Education for approval on or before July 1, 2010. In addition, the statute would be clarified to codify the methodology used by State Education Department to calculate reimbursement. A statute of limitations would be established to ensure timely submission of claims. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget including out-year savings. Effective Date: This bill takes effect April 1, 2011,except that selected provisions take effect immediately or on other specified dates. Part B - Authorize competitive grants to reward school districts with the most improvement in student performance and/or management efficiencies. Purpose: This bill will incentivize improvement in student performance and management efficiencies by awarding competitive grants to school districts with the most improved student achievement and districts that implement long-term management efficiencies. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: New York's public schools spend more money per pupil than those in any other state. Yet, in measures of student performance, New York ranks 40th nationally in graduation rates and 34th nationally in the percentage of adults who have a high school diploma or the equivalent. Current education aid is primarily distributed through formula-based grants with no performance incentives or requirements. Last year the federal government began to change this model through the Race to the Top competition, by awarding competitive grants to states that demonstrated a cohesive plan to improve student achievement, as well as those states with the best plans for accelerating reforms in the future. On August 24, 2010, the U.S. Department of Education announced that New York State had been awarded $700 million as a winner of the Race to the Top competition. As a result school districts across New York are implementing plans to improve education outcomes and close gaps in achievement. To expand on this successful model and bring performance based education awards to the next level, the Governor provides $500 education award programs: 1) School District Performance Improvement Awards and 2) School District Management Efficiency Awards. The parameters of each award program are described below. School District Performance Improvement Awards Program By participating in the Race to the Top program, the majority of New York's school districts made a substantial commitment to partake in an innovative program to help close the State's achievement gap and improve student outcomes. The School District Performance Improvement Awards program builds on the education reforms being implemented throughout New York. The performance awards seek to reward school districts that produce the most improved measureable results in student performance, student outcomes, high school performance and graduation rates, and college attendance and retention rates, as well as close the gap in achievement. The awards will also be available to school districts that exhibit the greatest potential for continued improvements in student performance. Additionally, priority will be given to eligible districts that have been most successful in implementing innovative and replicable programs, including models to improve and expand middle school student performance; college level or early college programs; college admission; and career and technical education training programs. The grants will be awarded pursuant to a competitive process and applications will be reviewed and scored by a peer review panel. In determining grant award, district size and student enrollment will be considered, as well as measures of district need. These performance grants will first be awarded during the 2011-2012 school year. School District Management Efficiency Awards Program The School District Management Efficiency Awards Program will reward school districts that have implemented long-term efficiencies or cost saving measures in school district management and operations. Priority will be given to proposals that provide for the implementation of long term efficiencies, and to efficiencies that create significant savings while maintaining or improving student achievement; include the participation of key school district stakeholders, such as parents and teachers; can be replicated by other districts; or have the greatest sustainable savings. No award will be granted to programs that result in additional cost to the State. Awards will be administered by the Commissioner of Education subject to a plan jointly developed with the Secretary of State and approved by the Director of the Budget. The maximum grant award will reflect student enrollment and may be adjusted based on measures of district need. Two or more school districts may jointly apply for shared services agreements that result in savings. These efficiency grants will first be awarded during the 2011-2012 school year. Budget Implications Enactment of this bill is necessary to implement the 2011-2012 Executive Budget, which Includes a $250 million appropriation for each grant program. Effective Date: This bill takes effect immediately. Part C - Eliminate the statutory authorization for the New York State Theatre Institute and provide for the transfer of its rights and property to the Office of General Services. Purpose This bill repeals the New York State Theatre Institute Corporation's (NYSTI's) enabling legislation and transfers its rights and property to the Office of General Services (OGS). As of January 1, 2011, pursuant to actions taken by the NYSTI Board of Directors, NYSTI operations were suspended and the retrenchment of its remaining employees was initiated. This bill is necessary to eliminate NYSTI as a public benefit corporation and ensure orderly transfer of its remaining assets to the State. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History The 2010-11 Enacted Budget phased-out State support for NYSTI and required NYSTI to become a self-supporting organization. Because NYSTI was unable to generate sufficient off-budget revenue or identify feasible solutions to become self-sufficient, the NYSTI Board of Directors suspended NYSTI's operations effective December 31, 2010. The NYSTI Board of Directors also adopted a resolution on December 22, 2010 to transfer NYSTI's deeds, assets and property to OGS to be held in escrow until its existence is terminated in law. The transfer was effective January 1, 2011. As a result, OGS has managed NYSTI's property and assets since that time. This bill repeals Article 9 of the Arts and Cultural Affairs Law, which established NYSTI as a public benefit corporation dedicated to producing family theatre and providing educational programs to students. Repeal of Article 9 terminates NYSTI's status as a public benefit corporation. This bill also repeals section 97-u of State Finance Law, which established NYSTI's authority to deposit revenue and funds received from productions and sale of concessions into bank accounts. As NYSTI's existence is terminated, this language is no longer necessary. Consistent with similar provisions included in NYSTI's enabling legislation, this bill also authorizes OGS to take possession of any rights or property formerly held or owned by NYSTI, and upon enactment, these assets pass to and are vested with the State. Budget Implications: This bill is necessary to implement the 2011-12 Executive Budget because it dissolves NYSTI, and no State support for NYSTI is included in the 2011-12 Financial Plan. Absent this bill, the State would continue to incur costs related to ongoing upkeep and maintenance of NYSTI's real property. Further, this bill provides resources necessary to satisfy NYSTI's outstanding liabilities. Effective Date: This bill takes effect immediately. Part D - Enhance flexibility for SUNY and CUNY in the areas of procurement and participation in public-private partnerships. Purpose: This bill would provide enhanced discretion for the State University of New York (SUNY) ,and the City University of New York (CUNY) in the areas of procurement, participation in public-private partnerships, and the lease and transfer of state lands. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History In June 2008, the Commission on Higher Education submitted its Final Report of Findings and Recommendations. The Commission recommended that the regulatory reforms enacted subsequent to the 1985 report of the Independent Commission on the Future of the State University of New York should be expanded in scope so that New York's public universities were better equipped to sustain themselves in an environment of declining State support, and were better aligned with the innovative capacity enjoyed by peer public university systems and institutions in other states. Two specific recommendations of the Commission involved providing SUNY and CUNY with greater flexibility in the areas of procurement and public-private partnerships. Such proposals would be beneficial during times of strong economic growth, but are essential in this time of financial difficulty, and would give the universities specific tools to better manage declining State fiscal support. This bill includes the following specific provisions: Sections 1 and 3 of subpart A authorize SUNY to lease real property to other entities for up to fifty years in support of its educational purpose, and participate in public-private partnerships that would benefit SUNY's mission, subject to approval of a newly created State University Asset Maximization Review Board. Section 1 further provides that any lease agreement authorized pursuant to this legislation would be subject to minority and women-owned business enterprise (MWBE) provisions, prevailing wage rates, indemnification clauses, reverter clauses and project labor agreements. Section 2 of subpart A creates the State University Asset Maximization Review Board and establishes that arrangements for the lease of real property and participation in public-private partnerships be unanimously approved by all voting members of the board--including representation from the Executive, Assembly and Senate. The board will also include representation from the State Comptroller, Attorney General, president of the AFL-CIO and the director of the Division of Minority and Women-Owned Business Enterprises (MWBE). Section 2 of subpart A further establishes the action and timeline for which the board shall adhere with regards to voting. Sections 4 and 5 of subpart A broaden the abilities of the State University Construction Fund (SUCF) to implement capital projects through alternative construction delivery methods and streamlined procurement guidelines, which must substantially conform to those applicable to existing public authorities. Sections 6 and 7 of subpart A authorize the construction and financing by the Dormitory Authority of the State of New York (DASNY) of facilities for the benefit of SUNY's State'" operated and community colleges by not-for-profit entities associated with the State University, provided that the associated projects are subject to prevailing wage, MWBE, and competitive process requirements. Sections 8 and 9 of subpart A authorize DASNY to construct and finance dormitories 011 behalf of community colleges, and requires community colleges to assume full financial responsibility for the cost of the projects. Section 10 of subpart A allows SUNY to lease facilities within Albany County directly, rather than requiring the Office of General Services (OGS) to act on its behalf. Sections 1,2,3,4 and 6 of subpart B remove provisions of law subjecting SUNY and CUNY to pre-approval of contracts by the Office of the State Comptroller (OSC) in order to streamline the procurement of goods and services, while maintaining provisions requiring the post-audit of such contracts by OSC. Also, sections 2 and 4 promulgate new protocol and reporting requirements to gauge the efficacy of the aforementioned action. Section 5 of subpart B authorizes streamlined procurement guidelines for the City University Construction Fund (CUCF), which must substantially conform to those applicable to existing public authorities. Section 7 of subpart B allows post-audit in lieu of pre-audit requirements for Attorney General approval of leases between SUNY and its alumni associations in support of dormitory projects. Section 8 of subpart B codifies in law, the ability of CUCF and DASNY to implement capital projects through alternative construction delivery mechanisms, other than "design, bid, build". Subpart C allows for expansion of State University hospital participation in managed care networks and other joint and cooperative health care arrangements without preapproval from any State entity, and conforms procurement guidelines of SUNY's health care facilities to those of the SUNY campuses, as prescribed in this bill. Subpart D prescribes reporting requirements by the universities that detail the effectiveness of the provisions of this bill. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget, as it will provide SUNY and CUNY with the ability to more efficiently and effectively manage recommended reductions of State support. Effective Date: The provisions of this bill would be effective immediately upon enactment, and would expire and be deemed repealed June 30, 2016. Part E - Reduce the maximum TAP award for students matriculated in certain two-year degree programs to $4,000. Purpose: This bill continues provisions from the FY 2010-11 budget that set the maximum TAP award for students matriculated in certain two-year degree programs at $4,000. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This bill continues the maximum TAP award for students matriculated in certain two year degree programs at $4,000, and adjusts the overall award schedule accordingly. The highest tuition rate currently being charged at a New York public community college is $3,890 and the average rate is $3,521. As a result, the maximum TAP award proposed in this bill would still cover the entire cost of tuition at public community colleges. Additionally, students enrolled in a program of study leading to a certificate or degree in nursing as well as students currently matriculated in two-year degree programs at institutions which also offer baccalaureate and graduate degrees would remain on the current schedule that has a $5,000 maximum TAP award. A bill to lower the maximum TAP award for students in certain two-year degree programs from $5000 to $4000 was advanced with the 2010-11 Executive Budget. Similar provisions were enacted through appropriation language for a one-year period. This bill would amend the Education Law to include such a limitation. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget, which assumes savings of $11.2 million in 2011-12 and $16.0 million in savings on a recurring basis annually thereafter. Effective Date: This bill takes effect July 1, 2011. Part F - Include pension and annuity income for Tuition Assistance Program eligibility determinations. Purpose: This bill continues a provision from the FY 2010-11 Budget that provides that the calculation of income for purposes of the Tuition Assistance Program (TAP) shall include private pension and annuity income not subject to State taxation. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Currently, for private pensioners aged 59% and older, the first $20,000 of pension and annuity income is excluded for purposes of calculating TAP. This bill continues from FY 2010-11 the treatment of private pension and annuity income in the same manner as that of public pension income, by requiring that pension income from any and all sources be counted as income for purposes of calculating TAP award levels. This measure was enacted in the FY 2010-11 Executive Budget through appropriation language for a one-year period. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget, which assumes savings of $4.2 million in 2011-12 and $6.0 million in savings on a recurring basis annually thereafter. Effective Date: This bill takes effect July 1, 2011. Part G - Amend the eligibility requirements for the Tuition Assistance Program (TAP) related to students in default on certain student loans. Purpose: This bill modifies the award eligibility criteria for the Tuition Assistance Program (TAP) to create parity in the treatment of students in default on New York State and Federal loans, regardless of guarantor. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: The Federal Department of Education enters into agreements with state or private nonprofit entities to serve as guarantors on student loans, and also provides loans directly to students without using a guarantor. The New York State Higher Education Services Corporation (HESC) is such a guarantor and has the largest share of New York State's guaranteed student loan market. Under current law, students in default on loans guaranteed by HESC are ineligible for TAP awards, while students in default on other student loans remain eligible for TAP. This bill creates parity by amending Section 661 of the Education Law to eliminate TAP eligibility for all students who are in default on any New York State or Federal student loan, regardless of whether or not the loan is guaranteed by HESC. This proposal was advanced with the 2010-11 Executive Budget and was enacted through appropriation language for a one-year period. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget, which assumes savings of $3.6 million-in 2011-12 and $5.2 million in savings on a recurring basis annually thereafter. Effective Date: This bill takes effect July 1, 2011. Part H - Continue Tuition Assistance Award (TAP) schedule for students who are married with no children. Purpose: This bill continues the Tuition Assistance Award (TAP) schedule for students who are married with no children currently in effect for FY 2010-11. Statement in Support. Summary of Provisions, Existing Law, and Prior Legislative History: Currently, students who are married with no children are on a more generous TAP award schedule than single adults with no children. This bill continues from FY 2010-11 the TAP award schedule that decreases the maximum award for independent students who are married without children from $5,000 to $3,025, which is consistent with the award provided to single adults with no children. Approximately 6,500 students are expected to be impacted by this proposal, resulting in an average award reduction of about $1,200. This proposal was advanced with the 2010-11 Executive Budget and was enacted through appropriation language for a one-year period. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget, which assumes savings of $5.4 million in 2011-12 and annual savings of $7.8 million when fully effective. Effective Date: This bill takes effect July 1, 2011. Part I - Increase academic standards for non-remedial Tuition Assistance Program (TAP) recipients. Purpose: This bill maintains the minimum academic standards required for non-remedial students to maintain Tuition Assistance Program (TAP) eligibility. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This bill maintains the minimum academic standards required for non-remedial students to be eligible for TAP. Students whose scores on a recognized college placement exam or nationally recognized standardized exam indicate the need for remediation, as certified by the appropriate college official and approved by the Commissioner of Education, and who are enrolled in up to nine remedial courses in their first term, and up to six remedial courses in subsequent terms, will remain on the current academic standards and TAP eligibility schedules. Students enrolled in the higher education opportunity program (HEOP), the education opportunity program (EOP), the search for education. elevation and knowledge (SEEK) program, or the college discovery program will also remain on the current schedules. All other TAP recipients who first received an award starting in the 2010-11 academic year and thereafter are placed on a more stringent academic standards schedule that will require them to earn a minimum of 15 credits and a 1.8 GPA by the end of their second semester of study. Similar requirements are established for students attending programs organized on a trimester basis. This proposal will impact approximately 2,100 TAP recipients currently receiving an average award of about $3,000. Similar provisions were advanced with the 2010-11 Executive Budget and enacted through appropriation language for a one-year period. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget, which assumes savings of $4.4 million in 2011-12 and annual savings of $8.9 million when fully effective. Effective Date: This bill takes effect July 1, 2011. Part J - Eliminate Tuition Assistance Program (TAP) eligibility for graduate students. Purpose: This bill continues the provision enacted in the 2010-11 budget that renders graduate students ineligible for the tuition assistance program (TAP). Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: The 2010-11 budget eliminated TAP eligibility for graduate students for a period of one year through appropriation language. This proposal makes this provision permanent. Graduate students are typically eligible for institutionally-supported fellowships and assistantships to help defray the cost of attendance. Moreover, in light of the State fiscal situation, continuing the elimination of graduate TAP awards would help minimize the reductions necessary to TAP awards for undergraduate students. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget, which assumes savings of $2.0 million in 2011-12 and annual savings of $2.8 million when fully effective. Effective Date: This bill takes effect July 1, 2011. Part K - Extend the Regents Physician Loan Forgiveness Program until the end of the 2015-16 school year. Purpose: This bill extends the Regents Physician Loan Forgiveness Program until the end of the 2015-16 school year. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: The Regents Physician Loan Forgiveness Program provides annual awards of $10,000 for a period of 2 years to physicians who are serving in high need areas of New York State. Statutory authorization for the Regents Physician Loan Forgiveness Program expired June 30, 2009. This proposal extends authorization for this Program through the 2015-16 school year, which will provide the necessary statutory authority for the continuation of the program and fulfill prior year obligations to individuals who are carrying out their service requirements associated with the program. This Program provides up to 80 new awards annually. A proposal to provide statutory authorization to continue this Program was advanced in the 2010-11 Executive Budget, but not enacted. Budget Implications: Enactment of this bill is expected to cost $3.9 million in 2011-12 and $1.6 million annually when fully effective. Effective Date: This bill takes effect immediately and shall be deemed to have been in full force and effect on the same date and in the same manner as part I of Chapter 57 of the laws of 2008. Part L - Extend Patricia K. McGee Nursing Faculty Scholarship and the Nursing Faculty Loan Forgiveness Incentive programs until June 30, 2016. Purpose: This bill extends the Patricia K. McGee Nursing Faculty Scholarship and the Nursing Faculty Loan Forgiveness Incentive programs until June 30, 2016. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Statutory authorization for the Patricia K. McGee Nursing Faculty Scholarship and the Nursing Faculty Loan Forgiveness Incentive programs expired June 30, 2010. This proposal extends authorization for these programs through June 30, 2016, which would provide the necessary statutory authority to continue these programs, and fulfill prior year obligations to individuals who are carrying out their service requirements associated with the programs. The McGee Nursing Faculty Scholarship Program pays for the cost of attendance up to $20,000 for individuals who enroll in a masters or doctoral program and agree to teach in a clinical or faculty position in the field of nursing. The Nursing Faculty Loan Forgiveness Program provides up to $8,000 per year for individuals who provide classroom or clinical instruction in nursing. A proposal to provide statutory authorization to continue these programs through June 30, 2015 was advanced in the 2010-11 Executive Budget, but not enacted. Budget Implications: Enactment of this bill is expected to cost $3.8 million in 2011-12 and $2.6 million annually when fully effective. Effective Date: This bill takes effect immediately. Part M - Extend the Regents Licensed Social Worker Loan Forgiveness Program until June 30, 2016. Purpose: This bill extends the Regents Licensed Social Worker Loan Forgiveness Program until June 30, 2016. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Statutory authorization for the Regents licensed Social Worker Loan Forgiveness Program is set to expire June 30, 2011. This proposal extends authorization for this Program through June 30, 2016. The Regents Social Worker Loan Forgiveness Program encourages professional social workers with outstanding student loans to accept and continue employment in mission critical human service areas of health, mental health, substance abuse, aging, HIV/AIDS and child welfare by providing them with up to $6,500 per year for a period of up to four years. Budget Implications: The State Financial Plan currently takes the extension of this program into account; therefore, this bill has no fiscal implications. Estimated SFY 2011-12 spending for the Regents Licensed Social Worker Loan Forgiveness Program is $978,000. Effective Date: This bill takes effect immediately. Part N - Establish STAR Program Cost Containment Measures. Purpose: This bill makes the STAR program more cost-effective. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This proposal enables the State to continue offering broad-based tax relief under the STAR program by implementing important cost-containment reforms. In particular, the bill (1) caps the maximum tax benefit in each school district or "portion" thereof at 2 percent above of the tax benefit that was applicable therein for the prior school year, and (2) creates a mechanism by which property owners may renounce and repay (with interest and a $500 processing fee) any previously-granted property tax exemptions (including, but not limited to STAR) to which they now acknowledge they were not entitled (for example, where they own two homes in New York and have been improperly receiving STAR on both, or where they own homes both in New York and Florida and have been improperly receiving STAR on the first and the Florida Homestead Exemption on the second). Those who undertake such renunciation and repayment would be exempt from sanctions that otherwise could be imposed. Providing this process would encourage individuals to come into legal compliance, ,and reduce the number of individuals improperly receiving tax exemptions. In addition, the bill authorizes the Commissioner of Taxation and Finance to adopt by regulation a uniform statewide system of parcel identification numbers and a uniform statewide assessment calendar, to be effective no sooner than January 1, 2013. This will facilitate the matching of taxpayer ID numbers to parcel ID numbers by the Department for purposes of administering the new $500,000 income limit for Basic STAR. The STAR program now costs the State over $3 billion each year. Its costs are growing annually at a time when the State can least afford it. These reforms will bring these costs under control while making the Program work more fairly and effectively. Budget Implications: Enactment of this bill is necessary to implement the 2011-2012 Executive Budget. Establishing these STAR program cost containment measures would reduce General Fund spending by $125 million in SFY 2011-12. Effective Date: This bill takes effect immediately. Part 0 - Better align Committee on Special Education (CSE) maintenance cost shares. Purpose: This bill realigns the State share of maintenance costs for children placed in a residential school by a school district's Committee on Special Education (CSE) to the placing school district. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: The Office of Children and Family Services (OCFS) is charged with overseeing the maintenance (room and board) costs of students who are placed in residential schools by a CSE when the child's needs cannot be met in the school district. Currently, the maintenance cost shares are split as follows: 36.8 percent to the State, 43.2 percent to the local social services district and 20 percent to the school district. This bill adjusts this allocation of costs so that the school district cost share will be 56.8 percent, and the State will no longer bear such maintenance costs. Educational determinations that result in residential placements are made by a school district's CSE. The cost share change made by the bill would better align fiscal responsibilities with the entity that makes the placement decisions. It would also incentivize school districts to find more effective and less costly ways to better serve these children in their schools and community. Budget Implications: Enactment of this bill is necessary to implement the 2011-2012 Executive Budget, which assumes a $69.3 million General Fund savings. Effective Date: This bill takes effect January 1, 2011. Part P - Establish the Primary Prevention Incentive Program. Purpose: Establish a Primary Prevention Incentive Program to provide funding to prevent out of home placements and to reduce juvenile delinquency. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Currently, there are various contract programs and county allocations that provide front end prevention services to prevent juvenile delinquency and placements in foster care. These programs include the Healthy Families New York Home Visiting Program, Hoyt Trust Fund (Family Violence Prevention), Kinship Contract Program, Community Optional Preventive Services, Youth Development and Delinquency Prevention, Special Delinquency Prevention Program, Runaway Homeless Youth Act, Child Protective Caseworker Caseload Ratio Funding, and Settlement Houses. This bill would restructure the allocation of moneys supporting such programs by creating a new Primary Prevention Incentive Program. This proposal would reinvest 50 percent of the savings from this restructuring to support statewide front-end prevention services. Funding to local districts would support outcome-based preventive programs to mitigate the need for more costly services in the child welfare and juvenile justice systems by preventing placements in foster care and combating juvenile delinquency. Budget Implications: Enactment of this bill is necessary to implement the 2011-2012 Executive Budget, which assumes $35.4 million in General Fund savings. Effective Date: This bill takes effect On July 1, 2011. Part Q - Establish Juvenile Justice Reforms. Purpose: This bill reforms the State's juvenile justice system by: 1) rightsizing the State's youth facility system; 2) reducing placements of low risk youth into both local detention centers and Office of Children and Family Service (OCFS) facilities; and 3) investing in performance-focused and community-based supervision and treatment programs for juveniles. Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History: OCFS currently pays 50 percent of costs associated with residential placements in OCFS facilities for youth sentenced for committing crimes prior to their 16th birthday that would be criminal if committed by an adult. OCFS also supports 49 percent of costs associated with operating local secure and non-secure detention centers. In addition, OCFS supports aftercare services and provides funding through allocations to local social services districts and direct contracts with not-for-profit organizations for programs that act as an alternative to detention and OCFS residential placement. The current residential programs are expensive and ineffective, as is shown by recidivism rates in excess of 80 percent. Research indicates that youth are better served in less expensive, community-based programs that allow them to remain in their homes while receiving services necessary to help them lead lives as productive, law abiding citizens. As a result of youth being diverted into community-based settings, OCFS has experienced a significant decline in placements in facilities (65 percent decline between 2001 and 2009). Currently, OCFS facilities are operating at 50 percent capacity, resulting in exorbitant excess costs to both the State and local governments. This bill allows for reform in the State's juvenile justice system by rightsizing the State's youth facility system, reducing placements of low risk youth into both local detention centers and OCFS facilities, and investing in performance-focused and community based supervision and treatment programs for juveniles. To achieve these reforms, this bill does the following: * eliminates the current requirement that OCFS provide 12-months notice prior to instituting significant service reductions, public employee staffing reductions or the transfer of operations to a private or not-for-profit entity (effective April 1, 2011); * eliminates the current open-ended 49 percent reimbursement for local secure and non-secure detention and in its place creates a capped appropriation to support 50 percent of costs associated with local secure and non-secure detention. In addition, the bill eliminates Person In Need of Supervision (PINS) placements into local detention. As of January 1, 2012, these funds will only support youth who have been designated as high risk, as determined by a risk assessment instrument approved by OCFS (effective July 1, 2011); and * creates the Supervision and Treatment Services for Juveniles Program, in which OCFS will provide 62 percent reimbursement to eligible municipalities and New York City for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents from placement in detention or in residential care (effective July 1, 2011). In 2009-10, the 12-month notification requirement was waived for one year to close certain facilities. Budget Implications: Enactment of this bill is necessary to implement the 2011-2012 Executive Budget. The net savings is $13.6 million in 2011-12 and $24.6 million in 2012-13, which is broken down as follows: * Rightsizing the capacity of OCFS facilities including elimination of the 12-month notification requirement (2011-12: $21.8 million savings; 2012-13: $21.8 million savings). * Eliminating the open-ended 49 percent funding for secure and non-secure detention (2011-12: $38.2 million savings; 2012-13: $81.1 million savings). * Creating a capped funding stream for detention for high risk youth (2011-12: $15 million cost; 2012-13: $30 million cost). * Creating the Supervision and Treatment Services for Juveniles Program (201112: $31.4 million cost; 2012-13: $48.3 million cost). Effective Date: Provisions are effective on various dates, as indicated above. Part R - Modify the fee structure for Statewide Central Registry (SCR) clearance checks. Purpose: This bill increases or imposes fees on certain individuals to help cover the costs of conducting Statewide Central Registry (SCR) clearance checks. Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History: The SCR receives calls alleging child abuse and maltreatment and maintains records of all persons who have been the subject of child abuse investigations. State Law requires that individuals who work alone with children receive clearance checks through the SCR database. However, the current fee structure does not support the per clearance check cost of approximately $60 that the Office of Children and Family Services (OCFS) incurs for meeting this requirement. This bill amends Social Services Law � 424-a by increasing the fee from $5 to $60 for individuals who currently pay for clearances through the SCR. It also imposes a $60 fee on certain individuals who are currently exempt from the fee. Under existing law, prospective OCFS employees, and employees of the following institutions and types of organizations must pay a $5 fee for an SCR clearance: runaway and homeless youth shelters and programs certified by OCFS; residential schools operated by the State Education Department; early intervention programs; preschool services; Office of Alcoholism and Substance Abuse Services (OASAS) programs and facilities; residential facilities and non-facilities programs under the Office of Mental Health (OMH) and the Office for People with Developmental Disabilities (OPWDD); residential facilities under OCFS; and applicants of safe houses for children's programs. Currently, applicants to become a child day care provider, and applicants for employment with such a provider do not pay a fee for an SCR clearance. This bill imposes a $60 fee on both individuals requiring a clearance for becoming a child day care provider and applicants for employment with such a provider. A $25 fee was proposed in the 2009-10 Executive Budget, but it was not enacted. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget. New and increased fees will result in $11.9 million in revenue in 2011-12 that will support costs currently paid with General Fund dollars. Effective Date: This bill takes effect April 1, 2011. Part S - Authorize the pass-through of any Federal Social Security Income (551) Cost of living Adjustment which becomes effective on or after January 1, 2012. Purpose: To authorize SSI benefits to be increased in 2012 by the percentage of any Federal SSI Cost of living Adjustment (COLA). Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Sections 131-o and 209 of the Social Services Law establish specific amounts for the monthly Personal Needs Allowance (PNA) and the monthly SSI standard of need (the maximum combined federal and State benefit) for recipients in various living arrangements. This bill amends those sections of law to set forth the actual 2011 PNA amounts and the standard of need for eligibility and payment of additional State payments. It also authorizes those amounts to be automatically increased in 2012 by the percentage of any federal SSI COLA which becomes effective within the first half of calendar year 2012. Legislation to effectuate the federal SSI COLA has been enacted annually since 1984. Budget Implications: If the pass-through of the federal SSI COLA is not authorized in State statute, there will be no statutory authority to provide SSI recipients with the full amount of any federal increase plus a State supplement at the current level. The State supplements would be automatically reduced to reflect the current standards of need set forth in the SSL. Effective Date: This act shall take effect December 31, 2011. Part T - Strengthen compliance with Public Assistance Work Requirements. Purpose: This bill encourages public assistance recipients to comply with employment requirements by withholding the public assistance grant of a household when the head of household does not engage in eligible work activities. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: Under current State law, public assistance benefit payments to households in which the head of household is out of compliance with work requirements are reduced by the portion of the grant attributable to the head of household. As such, if the head of a three-person household does not comply with work requirements, the household still receives two-thirds of the monthly public assistance grant. This partial sanction policy remains effective until compliance and is also durational; therefore, the greater the instances of non-compliance, the longer the period of benefit reduction. Current statute also requires local social services districts to notify those households at risk of a partial sanction of their right to a conciliation process whereby "good cause" for non-compliance may be established. This bill: * Compels local social services districts to make a second attempt to contact households with dependent children who do not respond to the first conciliation notice; * Includes in the conciliation notice an explanation of the benefits of compliance and makes the conciliation process consistent for all public assistance recipients regardless of the length of stay on assistance; * Withholds the entire monthly public assistance grant in the second instance of non-compliance with work requirements until such time of compliance; and * Applies the full sanction in the third and subsequent instances of non-compliance for a minimum of six months - with households that comply during this period receiving a partial grant for the duration of the sanction period. * Mandates a report on the implication of the full family sanction policy by December 31, 2012. Implementation of a full family sanction policy will remove the current disincentive to work that allows recipients to receive a reduced benefit regardless of the duration of their non-compliance and it will end payments to those currently sanctioned households that may have alternate sources of income and use the reduced benefit as supplemental income. Budget Implications: Enactment of this bill is necessary to implement the 2011-2012 Executive Budget, which assumes $7.4 million in General Fund savings. Effective Date: This bill takes effect on October 1, 2011. Part U - Delay the scheduled Public Assistance Grant increase. Purpose This bill delays the scheduled 2011 ten percent increase to the non-shelter portion of the public assistance grant. Statement in Support, Summary of Provisions. Existing Law, and Prior Legislative History: The public assistance benefit is comprised of a shelter and non-shelter portion. The shelter portion varies based on family composition and county of residence. The non-shelter portion varies based on family composition and is comprised of a basic allowance, a home energy allowance and a supplemental home energy allowance. The enacted 2009-2010 budget included a ten percent increase to the non-shelter portion of the public assistance grant for three consecutive years. The first two increases were implemented in July 2009 and July 2010 and raised the monthly non-shelter portion of the grant from $291 to $353 for the average public assistance household. The third and last increase was scheduled for July 2011 and would increase the monthly non-shelter portion of the grant to $388 for approximately 240,000 households. This bill would delay the increase until July 2012. This bill: * Delays the planned July 2011 increase to the non-shelter portion of the grant by amending paragraphs (a.-2) and (a-3) of subdivision 3 of section 131-a of the Social Services law; and * Maintains the current income threshold used to determine public assistance eligibility by amending paragraphs (a-2) and (a-3) of subdivision 2 of section 131a of the Social Services Law - the income threshold must always align with the amount of the non-shelter portion of the public assistance grant. Budget Implications: Enactment of this bill is necessary to implement the 2011-2012 Executive Budget, which assumes $29.3 million in General Fund savings. Effective Date: This bill takes effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. Part V - Consolidate the Neighborhood Preservation Program and Rural Preservation Program into a single, competitive, performance-based program. Purpose: This bill restructures the Neighborhood Preservation Program (NPP) and Rural Preservation Program (RPP) into a single, competitive, performance based program. Statement in Support, Summary of Provisions, Existing Law, and Prior Legislative History: This bill repeals Articles 16 and 17 of the Private Housing Finance Law (PHFL) that establishes the Neighborhood Preservation Program and the Rural Preservation Program and creates a new Article 27 to establish a new Neighborhood and Rural Preservation Program. Under current law, the Division of Housing and Community Renewal (DHCR) provides financial support to approximately 200 not-for-profit community-based housing corporations across the State. These corporations provide various housing related services to communities and are required to serve areas with significant unmet housing needs for low- and moderate- income populations. The proposed single program would support the same housing and community renewal Under the new program, funds will be awarded pursuant to a competitive solicitation, and based upon achievement of performance standards established by the Commissioner of DHCR. The bill raises the cap on payments to be made under contracts pursuant to this program to $600,000 per year. The bill also authorizes more than one corporation to file a joint application for funding. Budget Implications: In addition to the reform of the NPP and RPP programs, the 2011-12 Executive Budget recommends a consolidation of the funding for the NPP and RPP programs into a single appropriation. The proposal includes a 60 percent reduction in funding for the NPP and RPP programs, from $12 million in 2010-11 to $6 million in 2011-12. Effective Date: This bill takes effect July 1, 2011. Part W - Make permanent the Unemployment Insurance (UI) Interest Assessment Surcharge. Purpose: This bill makes permanent the statutory authorization for the Department of Labor (DOL) to assess a surcharge on employers for payment of interest due on Unemployment Insurance (UI) benefit loans from the Federal government. Statement in Support, Summary of Provisions, Existing Law and Prior Legislative History: This bill permanently extends current statutory authorization to collect a UI interest assessment surcharge from employers in order to pay interest on federal loans taken to support the UI benefit program and ensure UI Trust Fund solvency. The UI Trust Fund currently has outstanding loans for which the State is expected to be required to begin interest payments in October, 2011. This bill eliminates the expiration date of sections 30 and 31 of Chapter 62 of the Laws of 2003. Section 30 establishes the interest assessment surcharge fund in order to receive these assessed surcharges from DOL. Section 31 authorizes DOL to collect a surcharge from employers for the purpose of paying interest on UI benefit loans from the Federal government. These provisions have been extended since 2006. Given that the surcharge authorized by the statute is necessary to ensure repayment of UI benefit loans, there is no purpose in requiring the annual renewal of this provision. Budget Implications: Enactment of this bill is necessary to implement the 2011-12 Executive Budget. If New York State is required to make federal interest payments and there is no mechanism in place to assess employers for this cost, the State could incur General Fund liabilities, which are not assumed in the Executive Budget, or face federal sanctions. Effective Date: This bill takes effect immediately. The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.
S2808-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2808 A. 4008
SENATE - ASSEMBLY
February 1, 2011
___________
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 of excel-
lence, library funding, reimbursement of school districts, electronic
format materials and reporting requirements, apportionment of school
aid, building aid, foundation aid base, apportionment of school aid
and of current year approved expenditures for debt service, apportion-
ment of transportation aid, academic enhancement aid, incentive oper-
ating aid for reorganized districts, high tax aid, Medicaid reimburse-
ment, gap elimination adjustment, school district performance
incentive grants, grants, maximum class size; to amend the state
finance law, in relation to base grant; 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 apportionment and reimbursement; in relation to the appor-
tionment of funds to the education jobs fund; to amend chapter 169 of
the laws of 1994 relating to certain provisions related to the 1994-95
state operations, aid to localities, capital projects and debt service
budgets, chapter 82 of the laws of 1995, amending the education law
and certain other laws relating to state aid to school districts and
the appropriation of funds for the support of government, chapter 386
of the laws of 1996 amending the education law relating to providing
for a waiver allowing state aid in certain circumstances, chapter 472
of the laws of 1998 amending the education law relating to the lease
of school buses by school districts, chapter 147 of the laws of 2001
amending the education law relating to conditional appointment of
school district, charter school or BOCES employees, chapter 425 of the
laws of 2002 amending the education law relating to the provision of
supplemental educational services, attendance at a safe public school
and the suspension of pupils who bring a firearm to or possess a
firearm at a school, chapter 101 of the laws of 2003 amending the
education law relating to implementation of the No Child Left Behind
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12572-01-1
S. 2808 2 A. 4008
Act of 2001, chapter 57 of the laws of 2008 amending the education law
relating to the universal pre-kindergarten program, in relation to
school aid and extending the expiration of certain provisions of such
chapters; to amend chapter 665 of the laws of 1963, relating to the
human resources school, in relation to changing such name to the Henry
Viscardi school; to amend the public authorities law, in relation to
approved non-profit schools for the deaf and blind or other students
with disabilities, in relation to school bus driver training; in
relation to the support of public libraries; to provide special appor-
tionment for salary expenses; to provide special apportionment for
public pension expenses; in relation to suballocation of certain
education department accruals; in relation to purchases by the city
school district of Rochester; to repeal section 23 of chapter 169 of
the laws of 1994, relating to certain provisions related to the 1994-
95 state operations, aid to localities, capital projects and debt
service budgets, in relation to the effectiveness thereof; to repeal
certain provisions of the education law, in relation to instruction of
the deaf and blind; and providing for the repeal of section 86 of this
act on March 31, 2012 when upon such date the provisions of such
section shall be deemed repealed (Part A); to amend the education law,
in relation to the school district management efficiency awards
program and school district performance improvement awards grant (Part
B); to repeal article 9 of the arts and cultural affairs law relating
to the New York state theatre institute corporation and section 97-u
of state finance law relating to the New York state theatre institute
corporation fund, and to establish procedures for the transfer and
ownership of rights and real property currently held by the entity
formerly referred to as the New York state theatre institute (Part C);
to amend the education law, the public authorities law and the public
buildings law, in relation to capital facilities in support of the
state university and community colleges; and providing for the repeal
of certain provisions upon expiration thereof (Subpart A); to amend
the education law and the state finance law, in relation to procure-
ment in support of the state and city universities; and providing for
the repeal of such provisions upon expiration thereof (Subpart B); to
amend the education law, in relation to state university health care
facilities; and providing for the repeal of such provisions upon expi-
ration thereof (Subpart C); and to enact certain reporting require-
ments; and providing for the repeal of such provisions upon expiration
thereof (Subpart D) (Part D); to amend the education law, in relation
to tuition assistance program award determinations (Part E); to amend
the education law, in relation to income as a determinate of tuition
assistance awards (Part F); to amend the education law, in relation to
restrictions on eligibility to receive awards and loans; and to
repeal certain provisions of such law relating thereto (Part G); to
amend the education law, in relation to tuition assistance program
awards (Part H); to amend the education law, in relation to good
academic standing requirements (Part I); to amend the education law,
in relation to tuition assistance program awards for graduate school
students; and to repeal certain provisions of such law relating there-
to (Part J); to amend chapter 31 of the laws of 1985, amending the
education law relating to regents scholarships in certain professions,
in relation to the physician loan forgiveness program (Part K); to
amend chapter 57 of the laws of 2005 amending the education law relat-
ing to the New York state nursing faculty loan forgiveness incentive
program and the New York state nursing faculty scholarship program, in
S. 2808 3 A. 4008
relation to the effectiveness thereof (Part L); to amend chapter 161
of the laws of 2005, amending the education law and other laws relat-
ing to the social worker loan forgiveness program, in relation to the
effectiveness thereof (Part M); to amend the real property tax law and
the tax law, in relation to containing the cost of the STAR program
and allowing the renunciation of STAR and other property tax
exemptions (Part N); to amend the education law, in relation to main-
tenance costs for students with disabilities placed in a residential
school under article 89 of the education law; and to amend the social
services law, in relation to expenditures by social services districts
for children in residential schools (Part O); to amend the social
services law and the executive law, in relation to establishing a
primary prevention incentive program; to amend the executive law, in
relation to delinquent and runaway youths; to repeal subdivision 3 of
section 409-a of the social services law, relating to community
optional preventive services; and to repeal article 10-A of the social
services law, relating to the William B. Hoyt memorial children and
family trust (Part P); to amend the executive law, in relation to
prior notice for closure of facilities operated by the office of chil-
dren and family services; and to repeal certain provisions of such law
relating thereto (Subpart A); and to amend the executive law, the
family court act, the social services law and the county law, in
relation to funding and utilization of juvenile detention and funding
for supervision and treatment services; to repeal subdivisions 7 and 8
of section 530 of the executive law, relating to state operation of
juvenile detention and approval of new juvenile detention capacity;
and to repeal certain provisions of article 7 of the family court act
and subdivision 12 of section 153 of the social services law, relating
to the use of detention for persons alleged or adjudicated to be in
need of supervision (Subpart B) (Part Q); to amend the social services
law, in relation to the fee charged for clearances from the statewide
central register of child abuse or maltreatment (Part R); to amend the
social services law, in relation to increasing the standards of month-
ly need for aged, blind and disabled persons (Part S); to amend the
social services law, in relation to sanctions imposed for noncompli-
ance with public assistance work requirements; and to repeal certain
provisions of such law relating thereto and providing for the repeal
of such provisions upon expiration thereof (Part T); to amend the
social services law, in relation to the standards of monthly need for
persons in receipt of public assistance (Part U); to amend the private
housing finance law, in relation to the neighborhood and rural preser-
vation program and to repeal articles 16 and 17 of such law relating
thereto (Part V); and to amend chapter 62 of the laws of 2003 amending
the state finance law and other laws relating to authorizing and
directing the state comptroller to loan money to certain funds and
accounts, in relation to extending the interest assessment surcharge
fund (Part W)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through W. The effective date for each particular
S. 2808 4 A. 4008
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as added by section 2-a of part A of chapter 57 of the laws of
2009, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing AND PROVIDED FURTHER THAT, A SCHOOL
DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT
ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCEL-
LENCE FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR WHICH
SHALL, NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARA-
GRAPH A OF SUBDIVISION TWO OF THIS SECTION, PROVIDE FOR THE EXPENDITURE
OF AN AMOUNT WHICH SHALL BE NOT LESS THAN THE PRODUCT OF THE AMOUNT
APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR, MULTIPLIED BY THE
DISTRICT'S GAP ELIMINATION ADJUSTMENT PERCENTAGE. FOR PURPOSES OF THIS
PARAGRAPH, THE "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL BE CALCU-
LATED AS THE SUM OF ONE MINUS THE QUOTIENT OF THE SCHOOL DISTRICT'S GAP
ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AS
COMPUTED PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN
ENACTED TO MAKE APPROPRIATIONS FOR THE SUPPORT OF THE LOCAL ASSISTANCE
BUDGET, INCLUDING SUPPORT FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS,
DIVIDED BY THE TOTAL AID FOR ADJUSTMENT COMPUTED PURSUANT TO A CHAPTER
OF THE LAWS OF TWO THOUSAND ELEVEN ENACTED TO MAKE APPROPRIATIONS FOR
THE LOCAL ASSISTANCE BUDGET, INCLUDING SUPPORT FOR GENERAL SUPPORT FOR
PUBLIC SCHOOLS. PROVIDED, FURTHER, THAT SUCH AMOUNT SHALL BE EXPENDED TO
SUPPORT AND MAINTAIN ALLOWABLE PROGRAMS AND ACTIVITIES APPROVED IN THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR OR TO SUPPORT NEW OR
EXPANDED ALLOWABLE PROGRAMS AND ACTIVITIES IN THE CURRENT YEAR.
S 2. Subparagraph (vii) of paragraph a of subdivision 2 of section
211-d of the education law, as added by section 3 of part A of chapter
57 of the laws of 2009, is amended to read as follows:
(vii) (A) Notwithstanding any other provision of this section to the
contrary, a school district that submitted a contract for excellence for
the two thousand seven--two thousand eight school year and the two thou-
sand eight--two thousand nine school year and is required to submit a
contract for excellence for the two thousand nine--two thousand ten
school year but did not fully expend all of its two thousand seven--two
thousand eight foundation aid subject to the contract for excellence
restrictions during the two thousand seven--two thousand eight school
year may re-allocate and expend such unexpended funds during the two
thousand eight--two thousand nine and two thousand nine--two thousand
S. 2808 5 A. 4008
ten school years for allowable contract for excellence programs and
activities as defined in subdivision three of this section in a manner
prescribed by the commissioner. For purposes of determining maintenance
of effort pursuant to subparagraph (vi) of this paragraph for the two
thousand eight--two thousand nine school year, funds expended pursuant
to this subparagraph shall be included in the total budgeted amount
approved by the commissioner in the district's contract for excellence
for the two thousand seven--two thousand eight school year; provided
that such amount shall not be counted more than once in determining
maintenance of effort for the two thousand nine--two thousand ten school
year or thereafter.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION TO THE CONTRA-
RY, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR AND IS REQUIRED TO
SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR BUT DID NOT FULLY EXPEND ALL OF ITS TWO THOUSAND
NINE--TWO THOUSAND TEN FOUNDATION AID SUBJECT TO THE CONTRACT FOR EXCEL-
LENCE RESTRICTIONS DURING THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
YEAR MAY RE-ALLOCATE AND EXPEND SUCH UNEXPENDED FUNDS DURING THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR FOR ALLOWABLE CONTRACT
FOR EXCELLENCE PROGRAMS AND ACTIVITIES AS DEFINED IN SUBDIVISION THREE
OF THIS SECTION IN A MANNER PRESCRIBED BY THE COMMISSIONER. FOR PURPOSES
OF DETERMINING MAINTENANCE OF EFFORT PURSUANT TO SUBPARAGRAPH (VI) OF
THIS PARAGRAPH FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL
YEAR, FUNDS EXPENDED PURSUANT TO THIS SUBPARAGRAPH SHALL BE INCLUDED IN
THE TOTAL BUDGETED AMOUNT APPROVED BY THE COMMISSIONER IN THE DISTRICT'S
CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR; PROVIDED THAT SUCH AMOUNT SHALL NOT BE COUNTED MORE THAN
ONCE IN DETERMINING MAINTENANCE OF EFFORT FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR OR THEREAFTER.
S 3. Subdivision 12 of section 273 of the education law, as amended by
section 4-a of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
12. The commissioner is hereby authorized to expend [in state fiscal
year two thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight eight million
dollars and in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and in state fiscal
year two thousand nine--two thousand ten eight million dollars subject
to an appropriation] FUNDS ANNUALLY for formula grants to public library
systems, reference and research library resources systems, and school
library systems operating under an approved plan of service. Such formu-
la grants shall be provided for the period commencing July first and
ending on June thirtieth next following. Such formula grants will be
distributed in the following manner:
a. Each public library system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and operat-
ing under a plan approved by the commissioner is entitled to receive
ANNUALLY thirty-nine thousand dollars and an amount equal to ten and
ninety-four hundredths percent of the amount of state aid received for
the current year by such system under paragraphs a, c, d, e and n of
subdivision one of this section [for the two thousand nine--two thousand
ten state fiscal year];
b. Each reference and research library resources system established
pursuant to section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive ANNUAL-
S. 2808 6 A. 4008
LY thirty-nine thousand dollars and an amount equal to ten and ninety-
four hundredths percent of the amount of state aid received for the
current year under paragraph a of subdivision four of this section [for
the two thousand nine--two thousand ten state fiscal year]; and
c. Each school library system established pursuant to section two
hundred eighty-two of this part and operating under a plan approved by
the commissioner is entitled to receive ANNUALLY thirty-nine thousand
dollars and an amount equal to ten and ninety-four hundredths percent of
the amount of state aid received for the current year by such system
under paragraphs a, b, c, d, e and f of subdivision one of section two
hundred eighty-four of this part [for the two thousand nine--two thou-
sand ten state fiscal year].
S 4. Section 407-b of the education law, as added by chapter 407 of
the laws of 1989, subdivision 5 as amended by chapter 557 of the laws of
1989, subdivision 6, paragraph (a) and subparagraphs (iii) and (iv) of
paragraph (b) of subdivision 8 as amended by chapter 695 of the laws of
1992 and subdivision 10 as amended by chapter 31 of the laws of 1996, is
amended to read as follows:
S 407-b. Authorization for dormitory authority financing of capital
facilities for state-supported schools for blind and deaf students. 1.
The legislature declares that it is in the interest of the state and the
children of the state to assure that state-supported schools for the
instruction of blind and deaf students and other children with [handi-
capping conditions] DISABILITIES pursuant to article eighty-five of this
chapter and chapter one thousand sixty of the laws of nineteen hundred
seventy-four have sufficient facilities related to the education of such
children. The legislature finds that state-supported schools for blind
and deaf students providing such education [are] WERE in need of
improved and additional facilities related to the education of such
children, and the means to finance the construction of such improvements
and additional facilities PURSUANT TO THIS SECTION. The legislature,
therefore, enacts the following provisions.
2. This section shall apply to APPROVED PRIVATE SCHOOLS, FORMERLY
KNOWN AS state-supported schools for the instruction of the blind and
deaf students and children with other [handicapping conditions, subject
to the appointment of the commissioner, pursuant to article eighty-five]
DISABILITIES AS ENUMERATED IN SUBDIVISION ONE OF SECTION FORTY-TWO
HUNDRED ONE of this chapter and [chapter one thousand sixty of the laws
of nineteen hundred seventy-four] THE FINANCING OF THE DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, RENOVATION OR
OTHERWISE PROVIDING FOR FURNISHING OR EQUIPPING OF EDUCATIONAL OR RESI-
DENTIAL FACILITIES FOR PROJECTS APPROVED BY THE COMMISSIONER FOR SUCH
SCHOOLS ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND ELEVEN.
3. Such [state-supported] schools may enter into leases, subleases or
other agreements with the dormitory authority pursuant to title four of
article eight of the public authorities law for the financing of the
design, construction, reconstruction, rehabilitation, improvement, reno-
vation or otherwise providing for furnishing or equipping of educational
or residential facilities where the total estimated cost of such facili-
ties exceeds ten thousand dollars. The plans and specifications of such
capital facilities shall be subject to approval of the commissioner.
Such educational or residential facilities may be constructed only on
land owned by such [state-supported] school or, if the land is leased,
where the lease is for a period at least equal to the appropriate period
of probable usefulness for such facilities as listed in section 11.00 of
S. 2808 7 A. 4008
the local finance law, or the length of the lease, sublease or other
agreement with the dormitory authority, whichever is longer.
4. Each [state-supported] school shall, notwithstanding any other
provision of law, have the power to convey, lease, sublease or otherwise
make available to the dormitory authority without consideration, title
or any other rights in real property satisfactory to the dormitory
authority.
5. In addition to providing for all other matters deemed necessary and
proper, such leases, subleases and other agreements shall (a) require
the [state-supported] APPROVED PRIVATE school to pay to the dormitory
authority annual rentals which shall include the amount required to pay
the principal of and interest on obligations of the dormitory authority
issued in relation to providing such facilities and all incidental
expenses of the dormitory authority incurred in relation thereto, (b)
require the [state-supported] school to include an amount sufficient to
meet its obligations under the lease, sublease or other agreement in
each proposed budget submitted during the term of the lease, sublease or
other agreement, and (c) a provision that such agreement shall not be
effective unless and until it is approved by the commissioner and the
director of the budget.
6. Title or other real property rights, to the capital facilities
financed pursuant to this section shall remain with the dormitory
authority until the dormitory authority certifies to the commissioner
and the comptroller the receipt by it of the amount necessary to pay the
aggregate amount of annual rentals to the dormitory authority. At such
time, title or other real property rights thereto shall be transferred
by the dormitory authority to the [state-supported] school. In order to
avail itself of the provisions of this section, each [state-supported]
SUCH APPROVED PRIVATE SCHOOL school must also agree to continue to oper-
ate a program for the education of children WITH DISABILITIES pursuant
to [article] ARTICLES eighty-five AND EIGHTY-NINE of this chapter [and
chapter one thousand sixty of the laws of nineteen hundred seventy-
four], and any lease, sublease or other agreement with the dormitory
authority shall provide that, if the [state-supported] school shall
cease to operate at any time during the term of the agreement, the
school shall have the obligation to pay the total aggregate amount of
annual rentals to the dormitory authority. Upon a determination that the
[state-supported] school is unable to satisfy such obligations, the
state may take such title or other real property rights of the dormitory
authority in such land, buildings, equipment and other properties which
the [state-supported] school uses for its program upon payments, subject
to appropriations, by the state to the dormitory authority of the amount
required to pay the total aggregate amount of annual rentals to the
dormitory authority.
7. On or before November fifteenth of each year, the dormitory author-
ity shall submit, and thereafter may resubmit, to the director of the
budget, the state comptroller, the chairman of the senate finance
committee and the chairman of the assembly ways and means committee a
report setting forth the amounts, if any, of all annual rentals esti-
mated to become due in the succeeding state fiscal year to the dormitory
authority from the [state-supported] APPROVED PRIVATE schools ENUMERATED
IN SUBDIVISION ONE OF SECTION FORTY-TWO HUNDRED ONE OF THIS CHAPTER FOR
PROJECTS APPROVED BY THE COMMISSIONER ON OR BEFORE JUNE THIRTIETH, TWO
THOUSAND ELEVEN pursuant to any leases, subleases or other agreements
between the dormitory authority and [state-supported] SUCH schools to
S. 2808 8 A. 4008
provide educational and residential facilities for such [state-support-
ed] schools.
The state comptroller shall pay over to the dormitory authority pursu-
ant to appropriations therefor solely from moneys available in the
school capital facilities financing reserve fund the amount set forth in
such report at the times and in the amounts set forth in the certificate
filed with the comptroller by the dormitory authority pursuant to
subparagraph (iv) of paragraph (b) of subdivision eight of this section.
8. Method of payment; reserve fund. (a) Each [state-supported] school
which elects to avail itself of the provisions of this section shall
have established with the state comptroller a school capital facilities
financing reserve account which shall be used to pay to the dormitory
authority the annual rentals payable to the dormitory authority by
[state-supported] schools which have entered into leases, subleases or
other agreements with the dormitory authority to provide educational or
residential facilities pursuant to this section or to reimburse the
state for expenditures from appropriations made pursuant to subdivision
seven of this section. The dormitory authority shall identify to the
state comptroller and to the commissioner the [state-supported] schools
with which it has leases, subleases or other agreements pursuant to this
section and shall annually certify the amount of annual rentals required
to be paid pursuant to such leases, subleases or other agreements.
(b) (i) There is hereby established in the custody of the state comp-
troller a special fund to be known as the school capital facilities
financing reserve fund. Within such fund, there is hereby established a
special account for each [state-supported] school which enters into a
lease, sublease or other agreement with the dormitory authority pursuant
to this section.
(ii) Notwithstanding the provisions of any other law, such fund shall
consist of payments as made and determined by the commissioner. The
comptroller shall maintain sufficient amounts in the fund in order to
pay when due the annual rentals due to the dormitory authority from each
such [state-supported] school pursuant to any lease, sublease or other
agreement entered into pursuant to the provisions of this section. The
dormitory authority shall certify to the state comptroller the dates and
amounts of such payments as scheduled in its lease, subleases or other
agreements with such [state-supported] school. The commissioner shall
certify the amount of payments due the fund from [state-supported] SUCH
APPROVED PRIVATE schools, and shall make such payments to the fund at
such times as appropriate, subject to the approval of the director of
the budget, and after consultation with the dormitory authority.
(iii) Revenues in any special account in the school capital facilities
financing reserve fund may be commingled with any other moneys in such
fund. All deposits of such revenues shall be secured by obligations of
the United States or of the state of New York or its political subdivi-
sions. Such obligations shall have a market value not less than one
hundred five percent of the amount of such deposits. All the banks and
trust companies are authorized to give security for such deposits. Any
such revenues in such fund may, in the discretion of the comptroller, be
invested in obligations of the United States or the state or obligations
the principal of and interest on which are guaranteed by the United
States or by the state. Any interest earned shall be credited to such
fund.
(iv) Upon receipt by the comptroller of a certificate or certificates
from the dormitory authority that it requires a payment or payments from
the appropriate special account established for a [state-supported]
S. 2808 9 A. 4008
school to comply with any lease, sublease or other agreement pursuant to
this section, each of which certificate shall specify the required
payment or payments and the date when the payment or payments is
required, the comptroller shall pay from such special account on or
before the specified date or within thirty days after receipt of such
certificate or certificates, whichever is later, to the paying agent
designated by the dormitory authority in any such certificate, the
amount or amounts so certified.
(v) Notwithstanding any other provisions of this subdivision to the
extent that the state makes appropriations for the payment of annual
rentals to the dormitory authority required to be paid pursuant to the
terms of any lease, sublease or other agreement between the dormitory
authority and any [state-supported] schools and makes such payments,
moneys in the school capital facilities financing reserve fund shall be
used to reimburse the state for moneys so expended from such appropri-
ation.
(vi) All payments of money from the school capital facilities financ-
ing reserve fund shall be made on the audit and warrant of the state
comptroller.
9. All state officials are authorized and required to take whatever
actions are necessary to carry out the provisions of this section and
any leases, subleases or other agreements entered into pursuant to this
section, including making the required payments to the dormitory author-
ity.
10. Notwithstanding any other provision of law to the contrary, the
dormitory authority may execute leases, subleases, or other agreements
with [state supported] APPROVED PRIVATE schools for financing of the
design, construction, rehabilitation, improvement, renovation, acquisi-
tion or provision, furnishing or equipping of capital facilities;
provided, however, that during the two year period commencing July
first, nineteen hundred ninety-five, the amount of bonds inclusive of
principal, interest and issuance costs to be issued for each individual
lease, sublease, or other agreement shall not exceed fifteen million
dollars annually; provided further that the interest on such bonds may
not be deferred through additional borrowing; and provided finally that
the total amount of such bonds for all such leases, subleases, or agree-
ments with [state supported] schools during such period shall not exceed
sixty-five million dollars.
On or before September first of each year, the commissioner shall
submit to the chairs of the assembly ways and means committee, the
senate finance committee and the director of the budget, a capital plan
for those projects expected to be bonded for [state supported] schools
pursuant to this section, within such sixty-five million dollar allow-
ance. After application of the principles of the capital assets preser-
vation program, such plan shall accord priority to health and safety
considerations and shall specify the name, location, estimated total
cost of the project at the time the project is to be bid, the antic-
ipated bid date and the anticipated completion date and may contain any
further recommendations the commissioner may deem appropriate.
11. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SECTION AND THE DORMITORY AUTHORITY ACT, AS THE SAME
WERE AMENDED BY CHAPTER FOUR HUNDRED SEVEN OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-NINE, SHALL, IN ALL RESPECTS, CONTINUE TO APPLY TO ANY
APPROVED PRIVATE NONRESIDENTIAL AND RESIDENTIAL SCHOOL WITH RESPECT TO
ANY BONDS ISSUED BY THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR
S. 2808 10 A. 4008
THE BENEFIT OF SUCH SCHOOL PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVI-
SION.
S 5. Subdivision 1 of section 1104 of the education law, as amended by
chapter 53 of the laws of 1990, is amended to read as follows:
1. The commissioner [of education] in the annual apportionment of
public moneys shall apportion therefrom to each county maintaining
approved vocational education and extension work, a quota amounting to
one-half of the salary paid each teacher, director, assistant, and
supervisor, WHERE SUCH SALARY IS ATTRIBUTABLE TO A COURSE OF STUDY FIRST
SUBMITTED TO THE COMMISSIONER FOR APPROVAL PURSUANT TO SECTION ELEVEN
HUNDRED THREE OF THIS ARTICLE ON OR BEFORE JULY FIRST, TWO THOUSAND TEN,
but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER BASED UPON AN
ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five hundred dollars PER
SCHOOL YEAR on account of the employment of such teacher, director,
assistant or supervisor.
S 6. Section 1104 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. FOR THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL
YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION-
ER SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION
BOARD BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE
OF THE SCHOOL YEAR IN WHICH SUCH PAYMENT WAS FIRST TO BE MADE. FOR
CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD
BASED ON A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE OF SUCH
SCHOOL YEAR. PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED
WHERE SUCH PAYMENT IS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE
STATE.
S 7. Intentionally omitted.
S 8. Subdivision 21-a of section 1604 of the education law, as added
by chapter 472 of the laws of 1998, is amended to read as follows:
21-a. To lease a motor vehicle or vehicles to be used for the trans-
portation of the children of the district from a school district, board
of cooperative educational services or county vocational education and
extension board or from any other source, under the conditions specified
in this subdivision. No such agreement for the lease of a motor vehicle
or vehicles shall be for a term of more than one school year, provided
that when THE BOARD OF TRUSTEES CAN DEMONSTRATE TO THE SATISFACTION OF
THE COMMISSIONER THAT THE COST OF A LEASE, IF EXTENDED OVER THE EXPECTED
LIFESPAN OF A SCHOOL BUS, WOULD BE LOWER THAN THE COST OF PURCHASING A
SCHOOL BUS, AND THE LEASE IS authorized by a vote of the qualified
voters of the district, such lease may have a term of up to five years.
Where the trustee or board of trustees enter into a lease of a motor
vehicle or vehicles pursuant to this subdivision for a term of one
school year or less, such trustee or board shall not be authorized to
enter into another lease for the same or an equivalent replacement vehi-
cle or vehicles, as determined by the commissioner, without obtaining
approval of the qualified voters of the school district.
S 9. Intentionally omitted.
S 10. Intentionally omitted.
S 11. Intentionally omitted.
S 12. Paragraph i of subdivision 25 of section 1709 of the education
law, as added by chapter 472 of the laws of 1998, is amended to read as
follows:
S. 2808 11 A. 4008
i. In addition to the authority granted in paragraph e of this subdi-
vision, the board of education shall be authorized to lease a motor
vehicle or vehicles to be used for the transportation of the children of
the district from sources other than a school district, board of cooper-
ative educational services or county vocational education and extension
board under the conditions specified in this paragraph. No such agree-
ment for the lease of a motor vehicle or vehicles shall be for a term of
more than one school year, provided that when THE BOARD OF EDUCATION CAN
DEMONSTRATE TO THE SATISFACTION OF THE COMMISSIONER THAT THE COST OF A
LEASE, IF EXTENDED OVER THE EXPECTED LIFESPAN OF A SCHOOL BUS, WOULD BE
LOWER THAN THE COST OF PURCHASING A SCHOOL BUS, AND THE LEASE IS author-
ized by a vote of the qualified voters of the district, such lease may
have a term of up to five years. Where the board of education enters a
lease of a motor vehicle or vehicles pursuant to this paragraph for a
term of one school year or less, such board shall not be authorized to
enter into another lease of the same or an equivalent replacement vehi-
cle or vehicles, as determined by the commissioner, without obtaining
approval of the voters.
S 13. Intentionally omitted.
S 14. Intentionally omitted.
S 15. Subparagraph 2 of paragraph d of subdivision 4 of section 1950
of the education law, as added by chapter 474 of the laws of 1996, is
amended to read as follows:
(2) Certain services prohibited. (I) Commencing with the nineteen
hundred ninety-seven--ninety-eight school year, the commissioner shall
not be authorized to approve as an aidable shared service pursuant to
this subdivision any cooperative maintenance services or municipal
services, including but not limited to, lawn mowing services and heat-
ing, ventilation or air conditioning repair or maintenance or trash
collection, or any other municipal services as defined by the commis-
sioner. On and after the effective date of this paragraph, the commis-
sioner shall not approve, as an aidable shared service, any new cooper-
ative maintenance or municipal services for the nineteen hundred
ninety-six--ninety-seven school year, provided that the commissioner may
approve the continuation of such services for one year if provided in
the nineteen hundred ninety-five--ninety-six school year.
(II) COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR, THE COMMISSIONER SHALL NOT BE AUTHORIZED TO APPROVE AS AN
AIDABLE SHARED SERVICE PURSUANT TO THIS SUBDIVISION THE FOLLOWING
SERVICES:
(A) COLLECTIVE NEGOTIATIONS AND LABOR RELATIONS;
(B) PERSONNEL SERVICES - RECRUITING;
(C) EMPLOYEE ASSISTANCE PROGRAMS;
(D) BUSINESS OFFICE SERVICES, INCLUDING BUT NOT LIMITED TO COMPETITIVE
BIDDING COORDINATION, PAYROLL, MICROFILMING, TEXTBOOK COORDINATOR, BUSI-
NESS MANAGER, BUSINESS OFFICE SUPPORT, MEDICAID REIMBURSEMENT, TELECOM-
MUNICATIONS, TELEPHONE INTERCONNECTS, INSURANCE MANAGEMENT COORDINATION
AND EMPLOYEE BENEFIT AND HEALTHCARE BENEFIT COORDINATION;
(E) PLANNING SERVICES AND MANAGEMENT;
(F) PUBLIC INFORMATION COORDINATOR OR SERVICES (PUBLIC RELATIONS);
(G) SCHOOL FOOD SERVICES AND FOOD MANAGEMENT;
(H) EXTRACURRICULAR ACTIVITIES AND INTER-SCHOLASTIC SPORTS COORDI-
NATION;
(I) INSTRUCTIONAL GRAPHICS, EQUIPMENT REPAIR, PRINTING, PHOTOCOPYING,
NON-PRINT DUPLICATION, EDUCATIONAL TELEVISION;
(J) ENERGY MANAGEMENT;
S. 2808 12 A. 4008
(K) SUBSTITUTE TEACHER COORDINATION;
(L) GASB 45 PLANNING AND VALUATION; OR
(M) ENGINEERING SERVICES.
NOTHING IN THIS CLAUSE SHALL PRECLUDE THE ABILITY OF A BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES TO APPLY FOR AND RECEIVE AID PURSUANT TO
ANY OTHER PROVISION OF LAW. ADDITIONALLY, NOTHING IN THIS CLAUSE SHALL
PRECLUDE A BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PROVIDING
THESE SERVICES WITHOUT RESPECT TO AID.
S 16. Paragraphs a and g of subdivision 5 of section 1950 of the
education law, paragraph a as amended by section 4 and paragraph g as
amended by section 5 of part C of chapter 57 of the laws of 2004, are
amended to read as follows:
a. Upon application by a board of cooperative educational services,
there shall be apportioned and paid from state funds to each board of
cooperative educational services an amount which shall be the product of
the approved cost of services actually incurred during the base year
multiplied by the sharing ratio for cooperative educational services aid
which, FOR APPROVED COSTS INCURRED PRIOR TO JULY FIRST, TWO THOUSAND
ELEVEN, shall equal the greater of: (i) an amount equal to one minus the
quotient expressed as a decimal to three places without rounding of
eight mills divided by the tax rate of the local district computed upon
the actual valuation of taxable property, as determined pursuant to
subdivision one of section thirty-six hundred two of this chapter [and
notwithstanding section three thousand six hundred three,] expressed in
mills to the nearest tenth as determined by the commissioner, provided,
however, that where services are provided to a school district which is
included within a central high school district or to a central high
school district, such amount shall equal one minus the quotient
expressed as a decimal to three places without rounding of three mills
divided by the tax rates, expressed in mills to the nearest tenth, of
such districts, as determined by the commissioner or (ii) the aid ratio
of each school district for the current year, which shall be such compo-
nent school district's board of cooperative educational services aid
ratio and which shall be not less than thirty-six percent converted to
decimals and shall be not more than ninety percent converted to
decimals, AND WHICH, FOR APPROVED COSTS INCURRED ON OR AFTER JULY FIRST,
TWO THOUSAND ELEVEN, SHALL EQUAL THE STATE SHARING RATIO FOR TOTAL FOUN-
DATION AID COMPUTED FOR EACH SCHOOL DISTRICT FOR THE CURRENT YEAR PURSU-
ANT TO PARAGRAPH G OF SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS CHAPTER, BUT NOT LESS THAN TEN PERCENT AND NOT MORE THAN
NINETY PERCENT. For the purposes of this paragraph, the tax rate of the
local district computed upon the actual valuation of taxable property
shall be the sum of the amount of tax raised by the school district plus
any payments in lieu of taxes received by the school district pursuant
to section four hundred eighty-five of the real property tax law,
divided by the actual valuation of the school district, provided, howev-
er that the tax rate for a central high school district shall be the sum
of the amount of tax raised by the common and union free school
districts included within the central high school district for the
support of the central high school district plus any payments in lieu of
taxes received for the support of the central high school district
pursuant to section four hundred eighty-five of the real property tax
law, divided by the actual valuation of the central high school
district. The tax rate for each common or union free school district
which is included within a central high school district shall be the sum
of the amount raised for the support of such common or union free school
S. 2808 13 A. 4008
district plus any payments in lieu of taxes received for the support of
the school district pursuant to section four hundred eighty-five of the
real property tax law, exclusive of the amount raised for the central
high school district, divided by the actual valuation of such common or
union free school district.
g. Any payment required by a board of cooperative educational services
to the dormitory authority or any payment required by a board of cooper-
ative educational services to acquire or construct a school facility of
the board of cooperative educational services, and any payments for
rental of facilities by a board of cooperative educational services
shall, for the purposes of apportionment of public moneys to the board
of cooperative educational services by the state of New York, be deemed
to be an administrative or capital expense, as designated by the commis-
sioner, but the entire amount of such payment shall be utilized in
making such apportionment and the limitation of ten percent of the total
expenses contained in this subdivision shall not be applicable. Any
expense designated by the commissioner as a capital expense shall be
included in the capital budget of the board of cooperative educational
services and, except as otherwise provided in this paragraph, shall be
aided in the same manner as an administrative expense. Any such payment
shall not be considered part of the total expenses of the board for
purposes of determining the administrative and clerical expenses not to
exceed ten percent otherwise eligible for aid under this subdivision,
and such payments shall be considered for the purpose of apportionment
during the current school year such payment is made. The apportionment
for such payments shall be determined by multiplying the amount of such
payment allocated to each component school district in the board of
cooperative educational services by the BOARD OF COOPERATIVE EDUCATIONAL
SERVICES BUILDING aid ratio, and shall be not more than ninety percent
converted to decimals, WHERE, FOR APPORTIONMENTS COMPUTED PRIOR TO JULY
FIRST, TWO THOUSAND TWELVE, THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES BUILDING AID RATIO SHALL BE THE AID RATIO of each such compo-
nent computed pursuant to subdivision three of section thirty-six
hundred two and used to apportion aid to that district in that current
school year, AND FOR APPORTIONMENTS COMPUTED ON OR AFTER JULY FIRST, TWO
THOUSAND TWELVE SHALL BE THE SHARING RATIO FOR COOPERATIVE EDUCATIONAL
SERVICES AID COMPUTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION;
provided, however, the apportionment for the construction, acquisition,
reconstruction, rehabilitation, or improvement of board of cooperative
educational services facilities, including payments to the dormitory
authority and payments under any lease agreement, shall be based upon
the cost of the board of cooperative educational services school facili-
ties but not to exceed the cost allowance set forth in subdivision six
of section thirty-six hundred two of [the education law] THIS CHAPTER
and payments for rental facilities shall be subject to the approval of
the commissioner.
S 17. Paragraph c of subdivision 5-a of section 1950 of the education
law, as added by chapter 82 of the laws of 1995, is amended to read as
follows:
c. Applicable percent. The applicable percent shall be determined by
the number of years that an eligible district has been a component
district of a BOCES. In the first year, such percent shall be equal to
the district's [BOCES and building] SHARING RATIO FOR COOPERATIVE EDUCA-
TIONAL SERVICES aid [ratio] for aid payable in the first year in which
the district joins the BOCES, each year thereafter, such percent shall
S. 2808 14 A. 4008
be reduced by ten percent until such percent would drop below ten
percent at which time it shall be deemed to be zero.
S 18. Intentionally omitted.
S 19. Intentionally omitted.
S 20. Intentionally omitted.
S 21. Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 12 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
(a) The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which the
pupil resides. The charter school shall report all such data to the
school districts of residence in a timely manner. Each school district
shall report such enrollment, attendance and count of students with
disabilities to the department. The school district of residence shall
pay directly to the charter school for each student enrolled in the
charter school who resides in the school district the charter school
basic tuition, which shall be:
(I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the amount calculated pursuant to paragraph f of subdivision one of
section thirty-six hundred two of this chapter for the school district
for the year prior to the base year increased by the percentage change
in the state total approved operating expense calculated pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
[provided, however, that]
(II) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year[.];
(III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
BASIC TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
S 22. Subdivision 1 of section 2856 of the education law, as separate-
ly amended by chapter 4 of the laws of 1998 and section 12 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
1. (A) The enrollment of students attending charter schools shall be
included in the enrollment, attendance and, if applicable, count of
students with disabilities of the school district in which the pupil
resides. The charter school shall report all such data to the school
districts of residence in a timely manner. Each school district shall
report such enrollment, attendance and count of students with disabili-
ties to the department. The school district of residence shall pay
directly to the charter school for each student enrolled in the charter
school who resides in the school district THE CHARTER SCHOOL BASIC
TUITION WHICH SHALL BE:
(I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR AND FOR SCHOOL YEARS FOLLOWING THE TWO THOUSAND TWELVE--TWO
THOUSAND THIRTEEN SCHOOL YEAR, an amount equal to one hundred percent of
the amount calculated pursuant to paragraph f of subdivision one of
section [thirty six] THIRTY-SIX hundred two of this chapter for the
school district for the year prior to the base year increased by the
S. 2808 15 A. 4008
percentage change in the state total approved operating expense calcu-
lated pursuant to [subdivision eleven] PARAGRAPH T OF SUBDIVISION ONE of
section [thirty six] THIRTY-SIX hundred two of this chapter from two
years prior to the base year to the base year; [provided, however, that]
(II) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
(III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN THROUGH TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS, THE CHARTER SCHOOL
BASIC TUITION SHALL BE THE BASIC TUITION COMPUTED FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH.
(B) The school district shall also pay directly to the charter school
any federal or state aid attributable to a student with a disability
attending charter school in proportion to the level of services for such
student with a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section to the contrary,
amounts payable pursuant to this subdivision may be reduced pursuant to
an agreement between the school and the charter entity set forth in the
charter. Payments made pursuant to this subdivision shall be made by the
school district in six substantially equal installments each year begin-
ning on the first business day of July and every two months thereafter.
Amounts payable under this subdivision shall be determined by the
commissioner. Amounts payable to a charter school in its first year of
operation shall be based on the projections of initial-year enrollment
set forth in the charter. Such projections shall be reconciled with the
actual enrollment at the end of the school's first year of operation,
and any necessary adjustments shall be made to payments during the
school's second year of operation.
S 23. Subdivision 1 of section 3602 of the education law is amended by
adding a new paragraph z to read as follows:
Z. BEGINNING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR AND THEREAFTER, "NEEDS-RESOURCE INDEX" SHALL MEAN THE NUMBER
COMPUTED TO THREE DECIMALS WITHOUT ROUNDING OBTAINED WHEN (1) THE
QUOTIENT OF THE EXTRAORDINARY NEEDS PERCENT OF SUCH DISTRICT DIVIDED BY
THE STATEWIDE EXTRAORDINARY NEEDS PERCENT IS DIVIDED BY (2) THE COMBINED
WEALTH RATIO OF SUCH DISTRICT. SUCH STATEWIDE AVERAGE EXTRAORDINARY
NEEDS PERCENT SHALL BE ESTABLISHED EACH YEAR BY THE COMMISSIONER.
S 24. Paragraph j of subdivision 1 of section 3602 of the education
law is amended by adding a new subparagraph (iii) to read as follows:
(III) THE TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE TWO THOU-
SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND FOR AID
CALCULATIONS FOR SUBSEQUENT SCHOOL YEARS BASED ON AID PAYABLE IN SUCH
SCHOOL YEARS, SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE ON OR
AFTER JULY FIRST OF THE SCHOOL YEAR FOLLOWING THE LAST SCHOOL YEAR IN
WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI-
TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION
FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS ARTICLE.
S 25. Subdivision 1 of section 3602 of the education law is amended by
adding four new paragraphs z, aa, bb and cc to read as follows:
Z. "TOTAL PERSONAL INCOME OF THE STATE" SHALL MEAN THE TOTAL PERSONAL
INCOME OF THE STATE OF NEW YORK AS PUBLISHED BY THE UNITED STATES
DEPARTMENT OF COMMERCE OR ANY SUCCESSOR AGENCY FROM WHICH INFORMATION IS
AVAILABLE, AGGREGATED ON A STATE FISCAL YEAR BASIS. FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, SUCH PERSONAL INCOME SHALL BE
S. 2808 16 A. 4008
BASED ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR TO FEBRUARY FIRST,
TWO THOUSAND ELEVEN, AND FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER, SUCH PERSONAL
INCOME SHALL BE BASED ON THE DATA AVAILABLE MOST PROXIMATE AND PRIOR TO
OCTOBER THIRTY-FIRST OF THE BASE YEAR. SUBSEQUENT REVISIONS OF THE
PUBLISHED ESTIMATED DOLLAR AMOUNT FOR ANY STATE FISCAL YEAR ESTIMATE
EMPLOYED PURSUANT TO THE TERMS OF THIS SECTION SHALL NOT AFFECT THE
VALIDITY OF THE DETERMINATIONS MADE FOR ANY STATE FISCAL YEAR.
AA. "PERSONAL INCOME GROWTH INDEX" SHALL MEAN (1) FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, THE AVERAGE OF THE QUOTIENTS
FOR EACH YEAR IN THE PERIOD COMMENCING WITH THE TWO THOUSAND FIVE--TWO
THOUSAND SIX STATE FISCAL YEAR AND FINISHING WITH THE TWO THOUSAND
NINE--TWO THOUSAND TEN STATE FISCAL YEAR OF THE TOTAL PERSONAL INCOME OF
THE STATE FOR EACH SUCH YEAR DIVIDED BY THE TOTAL PERSONAL INCOME OF THE
STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, BUT NOT LESS THAN
ONE AND (2) FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL
YEAR AND EACH SCHOOL YEAR THEREAFTER, THE QUOTIENT OF THE TOTAL PERSONAL
INCOME OF THE STATE FOR THE STATE FISCAL YEAR ONE YEAR PRIOR TO THE
STATE FISCAL YEAR IN WHICH THE BASE YEAR COMMENCED DIVIDED BY THE TOTAL
PERSONAL INCOME OF THE STATE FOR THE IMMEDIATELY PRECEDING STATE FISCAL
YEAR, BUT NOT LESS THAN ONE.
BB. "EXCESS GROWTH AMOUNT" SHALL MEAN THE POSITIVE DIFFERENCE, IF ANY,
OF (1) THE STATEWIDE TOTAL, EXCLUDING THE GAP ELIMINATION ADJUSTMENT, OF
THE APPORTIONMENTS DUE AND OWING DURING THE CURRENT SCHOOL YEAR TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM THE
GENERAL SUPPORT FOR PUBLIC SCHOOLS LESS (2) THE PRODUCT OF THE PERSONAL
INCOME GROWTH INDEX MULTIPLIED BY THE STATEWIDE TOTAL OF SUCH APPORTION-
MENTS, INCLUDING THE GAP ELIMINATION ADJUSTMENT, DUE AND OWING DURING
THE BASE SCHOOL YEAR TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE
EDUCATIONAL SERVICES FROM THE GENERAL SUPPORT FOR PUBLIC SCHOOLS AS
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE BASE YEAR.
CC. "GAP ELIMINATION ADJUSTMENT PERCENTAGE" SHALL MEAN THE QUOTIENT OF
THE GAP ELIMINATION ADJUSTMENT AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT
AS "NET GAP ELIMINATION ADJMT" UNDER THE HEADING "2011-12 ESTIMATED
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE 2011-12 SCHOOL YEAR AND
ENTITLED "BT111-2", DIVIDED BY THE STATEWIDE TOTAL OF ALL SUCH GAP ELIM-
INATION ADJUSTMENT AMOUNTS SET FORTH FOR ALL DISTRICTS IN SUCH SCHOOL
AID COMPUTER LISTING.
S 26. The opening paragraph and paragraphs a, b and b-1 of subdivision
4 of section 3602 of the education law, the opening paragraph, subpara-
graph 1 of paragraph a and paragraphs b and b-1 as amended by section 13
of part A of chapter 57 of the laws of 2009, paragraph a as amended by
section 14 of part B of chapter 57 of the laws of 2008, are amended to
read as follows:
In addition to any other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand eight--two thousand nine and
[two thousand eleven--two thousand twelve through] two thousand [twelve]
S. 2808 17 A. 4008
THIRTEEN--two thousand [thirteen] FOURTEEN THROUGH TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN school years, no school district shall
receive total foundation aid in excess of the sum of the total founda-
tion aid base for aid payable in the two thousand seven--two thousand
eight school year computed pursuant to subparagraph (i) of paragraph j
of subdivision one of this section, plus the phase-in foundation
increase computed pursuant to paragraph b of this subdivision, and
provided further that total foundation aid shall not be less than the
product of the total foundation aid base computed pursuant to paragraph
j of subdivision one of this section and one hundred three percent, nor
more than the product of such total foundation aid base and one hundred
fifteen percent, and provided further that for the two thousand nine--
two thousand ten [and two thousand ten--two thousand eleven] THROUGH TWO
THOUSAND TWELVE--TWO THOUSAND THIRTEEN school years, each school
district shall receive total foundation aid in an amount equal to the
amount apportioned to such school district for the two thousand eight--
two thousand nine school year pursuant to this subdivision. Total aida-
ble foundation pupil units shall be calculated pursuant to paragraph g
of subdivision two of this section. For the purposes of calculating aid
pursuant to this subdivision, aid for the city school district of the
city of New York shall be calculated on a citywide basis.
a. Foundation formula aid. Foundation formula aid shall equal the
remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
(1) The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of special education and
general education in successful school districts, provided that the
foundation amount shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two thousand
eight--two thousand nine school year, for the purpose of such adjust-
ment, the percentage increase in the consumer price index shall be
deemed to be two and nine-tenths percent (0.029), and provided further
that the foundation amount for the two thousand seven--two thousand
eight school year shall be five thousand two hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand eight through [two thousand twelve--two thousand thirteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
Labor Force Region Index
Capital District 1.124
Southern Tier 1.045
Western New York 1.091
Hudson Valley 1.314
Long Island/NYC 1.425
Finger Lakes 1.141
S. 2808 18 A. 4008
Central New York 1.103
Mohawk Valley 1.000
North Country 1.000
(3) The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one of this
section.
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
prior to the base year in accordance with such provisions, divided by
three, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section. Total
wealth foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
b. Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product of the phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil units multiplied by
the district's selected foundation aid less (B) the total foundation aid
base for aid payable in the two thousand seven--two thousand eight
school year computed pursuant to subparagraph (i) of paragraph j of
subdivision one of this section or (ii) the product of the phase-in
due-minimum percent multiplied by the total foundation aid base for aid
payable in the two thousand seven--two thousand eight school year
computed pursuant to subparagraph (i) of paragraph j of subdivision one
of this section.
(2) For the two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one hundred seven and sixty-
eight hundredths percent (1.0768), the phase-in foundation increase
S. 2808 19 A. 4008
factor shall equal twenty percent (0.20), and the phase-in due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
for the two thousand eight--two thousand nine school year, the phase-
in foundation percent shall equal one hundred five and twenty-six
hundredths percent (1.0526), the phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
for the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five tenths percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en and one-half percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255);
for the two thousand ten--two thousand eleven school year, the phase-
in foundation percent shall equal one hundred seven and sixty-eight
hundredths percent (1.0768), the phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
for the two thousand eleven--two thousand twelve school year, the
phase-in foundation percent shall equal [one hundred five and six
hundredths percent (1.0506)] ONE HUNDRED THIRTEEN AND FOURTEEN ONE
HUNDREDTHS PERCENT (1.1314), the phase-in foundation increase factor
shall equal [fifty-three and one-tenth percent (0.531)] THIRTY-SEVEN AND
ONE-HALF PERCENT (0.375), and the phase-in due-minimum percent shall
equal [twelve and fifty-five hundredths percent (0.1255)] NINETEEN AND
FORTY-ONE HUNDREDTHS PERCENT (0.1941); and
for the two thousand twelve--two thousand thirteen school year, the
phase-in foundation percent shall equal [one hundred two and five
hundredths percent (1.0250)] ONE HUNDRED TEN AND THIRTY-EIGHT HUNDREDTHS
PERCENT (1.1038), the phase-in foundation increase factor shall equal
[seventy-five percent (0.75)] THIRTY-SEVEN AND ONE-HALF PERCENT (0.375),
and the phase-in due-minimum percent shall equal [twelve and fifty-five
hundredths percent (0.1255)] NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT
(0.1941); AND
FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED SEVEN AND
SIXTY-EIGHT HUNDREDTHS PERCENT (1.0768), THE PHASE-IN FOUNDATION
INCREASE FACTOR SHALL EQUAL FORTY-FIVE AND ONE-HALF PERCENT (0.455), AND
THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL NINETEEN AND FORTY-ONE
HUNDREDTHS PERCENT (0.1941);
FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED FIVE AND SIX
HUNDREDTHS PERCENT (1.0506), THE PHASE-IN FOUNDATION INCREASE FACTOR
SHALL EQUAL SIXTY-ONE AND ONE-HALF PERCENT (0.615), AND THE PHASE-IN
DUE-MINIMUM PERCENT SHALL EQUAL NINETEEN AND FORTY-ONE HUNDREDTHS
PERCENT (0.1941); AND
FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED TWO AND FIVE TENTHS
PERCENT (1.0250), THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL
EIGHTY PERCENT (0.800), AND THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL
NINETEEN AND FORTY-ONE HUNDREDTHS PERCENT (0.1941).
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight through [two thousand thir-
teen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
school years, the additional amount payable to each school district
S. 2808 20 A. 4008
pursuant to this subdivision in the current year as total foundation
aid, after deducting the total foundation aid base, shall be deemed a
state grant in aid identified by the commissioner for general use for
purposes of sections seventeen hundred eighteen and two thousand twen-
ty-three of this chapter.
S 27. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten [and] THROUGH two
thousand [ten] TWELVE--two thousand [eleven] THIRTEEN school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910".
S 28. The opening paragraph and paragraphs a, b and c of subdivision 6
of section 3602 of the education law, the opening paragraph as amended
by chapter 416 of the laws of 2007, paragraph a as added by chapter 57
of the laws of 1993, the opening paragraph of paragraph a as amended by
chapter 260 of the laws of 1993, subparagraphs 1, 2 and 3 of paragraph a
as amended and subparagraph 4 of paragraph a as added by section 5 of
part A of chapter 60 of the laws of 2000, subparagraph 5 of paragraph a
as added by section 12, clause (ii) of subparagraph 2 of paragraph b as
amended by section 12-a and clause (c) of subparagraph 2 of paragraph c
as added by section 12-b of part L of chapter 57 of the laws of 2005,
paragraph b as amended by section 37 of part A of chapter 436 of the
laws of 1997, subparagraph 1 of paragraph b as amended by section 12 and
clause (i) of subparagraph 2 of paragraph b as amended by section 13 of
part C of chapter 57 of the laws of 2004, paragraph c as amended by
chapter 474 of the laws of 1996, subparagraph 2 of paragraph c as
amended by section 13 of part L of chapter 405 of the laws of 1999 and
clause (b) of subparagraph 2 of paragraph c as amended by section 15 of
part B of chapter 57 of the laws of 2008, are amended to read as
follows:
Any apportionment to a school district pursuant to this subdivision
shall be based upon:
(1) base year approved expenditures for capital outlays incurred prior
to July first, two thousand one from its general fund, capital fund or
reserved funds and
(2) current year approved expenditures for debt service, including:
(I) debt service for refunding bond issues eligible for an apportion-
ment pursuant to paragraph g of this subdivision and
(II) lease or other annual payments to the New York city educational
construction fund created by article ten of this chapter or the city of
Yonkers educational construction fund created by article ten-B of this
chapter which have been pledged to secure the payment of bonds, notes or
other obligations issued by the fund to finance the construction, acqui-
sition, reconstruction, rehabilitation or improvement of the school
portion of combined occupancy structures, or
(III) for lease or other annual payments to the New York state urban
development corporation created by chapter one hundred seventy-four of
S. 2808 21 A. 4008
the laws of nineteen hundred sixty-eight, pursuant to agreement between
such school district and such corporation relating to the construction,
acquisition, reconstruction, rehabilitation or improvement of any school
building, or
(IV) for annual payments to the dormitory authority pursuant to any
lease, sublease or other agreement relating to the financing, refinanc-
ing, acquisition, design, construction, reconstruction, rehabilitation,
improvement, furnishing and equipping of, or otherwise provide for
school district capital facilities or school district capital equipment
made under the provisions of section sixteen hundred eighty of the
public authorities law, or
(V) for annual payments pursuant to any lease, sublease or other
agreement relating to the financing, refinancing, acquisition, design,
construction, reconstruction, rehabilitation, improvement, furnishing
and equipping of, or otherwise providing for educational facilities of a
city school district under the provisions of section sixteen of chapter
six hundred five of the laws of two thousand, or
(VI) for payments, pursuant to any assignment authorized by section
twenty-seven hundred ninety-nine-tt of the public authorities law, of
debt service in furtherance of funding the five-year educational facili-
ties capital plan of the city of New York school district or related
debt service costs and expenses as set forth in such section, OR
(VII) for annual payments pursuant to any lease, sublease or other
agreement relating to the financing, refinancing, design, recon-
struction, rehabilitation, improvement, furnishing and equipping of, or
otherwise providing for projects authorized pursuant to the city of
Syracuse and the board of education of the city school district of the
city of Syracuse cooperative school reconstruction act, OR
(VIII) for annual payments pursuant to any lease, sublease or other
agreement relating to the financing, refinancing, design, recon-
struction, rehabilitation, improvement, furnishing and equipping of, or
otherwise providing for projects authorized pursuant to the city of
Rochester and the board of education of the city school district of the
city of Rochester school facilities modernization program act, or
(IX) for lease, lease-purchase or other annual payments to another
school district or person, partnership or corporation pursuant to an
agreement made under the provisions of section four hundred three-b,
subdivision eight of section twenty-five hundred three, or subdivision
six of section twenty-five hundred fifty-four of this chapter, provided
that the apportionment for such lease or other annual payments under the
provisions of section four hundred three-b, subdivision eight of section
twenty-five hundred three, or subdivision six of section twenty-five
hundred fifty-four of this chapter, other than payments under a lease-
purchase agreement or an equivalent agreement, shall be based upon
approved expenditures in the current year.
Approved expenditures for capital outlays from a school district's
general fund, capital fund or reserved funds that are incurred on or
after July first, two thousand two, and are not aidable pursuant to
subdivision six-f of this section, shall be aidable as debt service
under an assumed amortization established pursuant to paragraphs e and j
of this subdivision. In any such case approved expenditures shall be
only for new construction, reconstruction, purchase of existing struc-
tures, for site purchase and improvement, for new garages, for original
equipment, furnishings, machinery, or apparatus, and for professional
fees and other costs incidental to such construction or reconstruction,
or purchase of existing structures. In the case of a lease or lease-pur-
S. 2808 22 A. 4008
chase agreement entered pursuant to section four hundred three-b, subdi-
vision eight of section twenty-five hundred three or subdivision six of
section twenty-five hundred fifty-four of this chapter, approved expend-
itures for the lease or other annual payments shall not include the
costs of heat, electricity, water or other utilities or the costs of
operation or maintenance of the leased facility. An apportionment shall
be available pursuant to this subdivision for construction, recon-
struction, rehabilitation or improvement in a building, or portion ther-
eof, being leased by a school district only if the lease is for a term
of at least ten years subsequent to the date of the general construction
contract for such construction, reconstruction, rehabilitation or
improvement. Each school district shall prepare a five year capital
facilities plan, pursuant to regulations developed by the commissioner
for such purpose, provided that in the case of a city school district in
a city having a population of one million inhabitants or more, such
facilities plan shall comply with the provisions of section twenty-five
hundred ninety-p of this chapter and this subdivision. Such plan shall
include, but not be limited to, a building inventory, and estimated
expense of facility needs, for new construction, additions, alterations,
reconstruction, major repairs, energy consumption and maintenance by
school building, as appropriate. Such five year plan shall include a
priority ranking of projects and shall be amended if necessary to
reflect subsequent on-site evaluations of facilities conducted by state
supported contractors.
a. For capital outlays for such purposes first incurred on or after
July first, nineteen hundred sixty-one and debt service for such
purposes first incurred on or after July first, nineteen hundred sixty-
two, WHERE SUCH EXPENDITURES ARE INCURRED FOR PROJECTS APPROVED BY THE
COMMISSIONER PRIOR TO FEBRUARY FIRST, TWO THOUSAND ELEVEN AND FOR
COMPETITIVE CONSTRUCTION FUND PROJECTS APPROVED BY THE COMMISSIONER ON
OR AFTER FEBRUARY FIRST, TWO THOUSAND ELEVEN, the actual approved
expenditures less the amount of civil defense aid received pursuant to
the provisions of section thirty-five of chapter seven hundred eighty-
four of the laws of nineteen hundred fifty-one as amended shall be
allowed for purposes of apportionment under this subdivision but not in
excess of the following schedule of cost allowances:
(1) For new construction and the purchase of existing structures, the
cost allowances shall be based upon the rated capacity of the building
or addition and a basic per pupil allowance of up to six thousand three
hundred seventy-five dollars adjusted monthly by a statewide index
reflecting changes in the cost of labor and materials since July first,
nineteen hundred ninety-two, established by the commissioner of labor,
modified by an annual county or multi-county labor market composite wage
rate, established by the commissioner of labor in consultation with the
commissioner, for July first of the base year, commencing July first,
nineteen hundred ninety-seven for general construction contracts awarded
on or after July first, nineteen hundred ninety-eight, indexed to the
median of such county or multi-county rates, but not less than one.
Such base allowance shall apply to a building or an addition housing
grades prekindergarten through six and shall be adjusted for a building
or an addition housing grades seven through nine by a factor of one and
four-tenths, for a building or an addition housing grades seven through
twelve by a factor of one and five-tenths, for a building or addition
housing special education programs by a factor of two, except that where
such building or addition is connected to, or such space is located
within, a public school facility housing programs for nondisabled
S. 2808 23 A. 4008
pupils, as approved by the commissioner, a factor of three shall be
used. Rated capacity of a building or an addition shall be determined by
the commissioner based on space standards and other requirements for
building construction specified by the commissioner. Such assigned
capacity ratings shall include, in addition to those spaces used for the
instruction of pupils, those spaces which are used for elementary and
secondary school libraries, cafeterias, prekindergarten instructional
rooms, teachers' conference rooms, gymnasiums and auditoriums. For new
construction projects approved on or after July first, two thousand, by
the voters of the school district or by the board of education of a city
school district in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in a city school district in a
city having a population of one million or more, such rated capacity for
new buildings and additions constructed to replace existing buildings
that, in the judgment of the commissioner, have not been adequately
maintained and have not reached their projected useful life shall be
reduced by the commissioner by an amount proportional to the remaining
unused portion of the useful life of the existing buildings, provided
however that the commissioner may waive such requirement upon a finding
that replacement of the existing building is necessary to protect the
health and safety of students or staff, that reconstruction and modern-
ization of the existing building would not adequately address such
health and safety problems, and that the need to replace the building
was not caused by failure to adequately maintain the building. If the
commissioner of labor resets the statewide index reflecting changes in
the costs of labor and materials since July first, nineteen hundred
ninety-two, the commissioner shall adopt regulations to supersede the
basic per pupil allowance of up to six thousand three hundred seventy-
five dollars to the imputed allowance in effect at that time.
(2) Where a school district has expenditures for site purchase, grad-
ing or improvement of the site, original furnishings, equipment, machin-
ery or apparatus, or professional fees, or other incidental costs, the
cost allowances for new construction and the purchase of existing struc-
tures may be increased by the actual expenditures for such purposes but
by not more than:
(I) FOR PROJECTS APPROVED PRIOR TO FEBRUARY FIRST, TWO THOUSAND ELEVEN
BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A
CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE
THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN
A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AN AMOUNT EQUAL TO
the product of the applicable cost allowance established pursuant to
subparagraph one of this paragraph and twenty per centum for school
buildings or additions housing grades prekindergarten through six and by
not more than the product of such cost allowance and twenty-five per
centum for school buildings or additions housing grades seven through
twelve and by not more than the product of such cost allowance and twen-
ty-five per centum for school buildings or additions housing special
education programs as approved by the commissioner, AND
(II) FOR PROJECTS APPROVED ON OR AFTER FEBRUARY FIRST, TWO THOUSAND
ELEVEN BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION
OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED
TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AND
INCLUDED IN THE COMPETITIVE CONSTRUCTION FUND PURSUANT TO SUBPARAGRAPH
SIX OF THIS PARAGRAPH, AN AMOUNT EQUAL TO THE PRODUCT OF THE LESSER OF
THE COST ALLOWANCE COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF THIS PARA-
S. 2808 24 A. 4008
GRAPH OR THE ACTUAL COSTS RELATING TO THE CONSTRUCTION, ACQUISITION,
RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF A SCHOOL BUILDING AND
TWENTY PER CENTUM FOR SCHOOL BUILDINGS OR ADDITIONS HOUSING GRADES PREK-
INDERGARTEN THROUGH SIX AND BY NOT MORE THAN THE PRODUCT OF SUCH LESSER
AMOUNT AND TWENTY-FIVE PER CENTUM FOR SCHOOL, BUILDINGS OR ADDITIONS
HOUSING GRADES SEVEN THROUGH TWELVE AND BY NOT MORE THAN THE PRODUCT OF
SUCH LESSER AMOUNT AND TWENTY-FIVE PER CENTUM FOR SCHOOL BUILDINGS OR
ADDITIONS HOUSING SPECIAL EDUCATION PROGRAMS AS APPROVED BY THE COMMIS-
SIONER.
(3) Cost allowances for reconstructing or modernizing structures shall
not exceed one hundred per centum of the cost allowances for the equiv-
alent new construction over the projected useful life of the building,
to be determined in accordance with the regulations of the commissioner.
Reconstruction projects shall reasonably meet the criteria established
for new construction, including but not limited to energy, fire,
personal safety and space per pupil standards.
(4) The commissioner shall promulgate regulations prescribing the
methodology for establishing a multi-year cost allowance for the purpose
of computation of building aid to school districts and a procedure for
school districts to appeal the determination that a building has not
been adequately maintained, as required by subparagraphs one and three
of this paragraph. Such methodology shall include the development of a
building replacement cost allowance schedule for the replacement of
major building systems of a building over its projected useful life and
the construction of new buildings and additions for projects that have
been approved on or after July first, two thousand by the voters of the
school district or by the board of education of a city school district
in a city with more than one hundred twenty-five thousand inhabitants,
and/or the chancellor in a city school district in a city having a popu-
lation of one million or more. For purposes of this subdivision, "major
building systems" shall mean the electrical, plumbing, heating, venti-
lation and air conditioning systems, and the roof and other major struc-
tural elements of a school building.
(5) For costs relating to the construction, acquisition, recon-
struction or leases of any school building project conducted by or on
behalf of a city school district in a city having a population of one
million inhabitants or more, where a general construction contract has
been awarded or a purchase or lease agreement was executed on or after
July first, two thousand four, the cost allowance for such project shall
include: (a) construction and incidental costs where such costs are
associated with multistory construction necessitated by substandard site
sizes, site security costs, difficulties with delivery of construction
supplies, increased fire [resistence] RESISTANCE and fire suppression
costs, and (b) site acquisition, environmental remediation and building
demolition costs, provided, however, that costs which are eligible for
an apportionment pursuant to this subparagraph on or before July first,
two thousand six shall be deemed to be debt service for the two thousand
five--two thousand six school year on new bonds and capital notes aida-
ble in July following the current year pursuant to clause (b) of subpar-
agraph one of paragraph f of this subdivision.
On or before January first, two thousand nine, the commissioner shall
report to the director of the budget, the chair of the senate finance
committee and the chair of the assembly ways and means committee on the
projects which received funding pursuant to the provisions of this
subparagraph, and the overall implementation of this subparagraph.
S. 2808 25 A. 4008
(6) FOR PROJECTS APPROVED ON OR AFTER FEBRUARY FIRST, TWO THOUSAND
ELEVEN, THE COMPETITIVE CONSTRUCTION FUND SHALL BE COMPRISED OF THOSE
PROJECTS SELECTED BY THE COMMISSIONER WITHIN THE COMPETITIVE
CONSTRUCTION CEILING AND THOSE PROJECTS SELECTED BY THE COMMISSIONER
WITHIN THE EMERGENCY PROJECT CEILING.
(I) FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND
THEREAFTER, THE COMPETITIVE CONSTRUCTION CEILING SHALL BE TWO BILLION
DOLLARS ($2,000,000,000). PROJECT ELIGIBILITY PURSUANT TO THIS CLAUSE
WILL BE PRIORITIZED ON THE BASIS OF THE BUILDING CONDITION SURVEYS
SUBMITTED PURSUANT TO SUBDIVISION SIX-E OF THIS SECTION AND SUBDIVISION
FOUR OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE, THE AGE OF
THE BUILDING AND THE OVERALL NEEDS OF THE DISTRICT. COMPETITIVE
CONSTRUCTION PROJECTS SHALL HAVE BEEN APPROVED BY THE VOTERS OF THE
SCHOOL DISTRICT OR APPROVED BY THE TRUSTEES OR BOARD OF EDUCATION FOR
SCHOOL DISTRICTS WHERE VOTER APPROVAL IS NOT REQUIRED, AND SHALL BE
CATEGORIZED BY THE FOLLOWING CLASSIFICATIONS:
(A) FIRST TIER PROJECTS SHALL BE NECESSARY TO INSURE THE HEALTH AND
SAFETY OF THE BUILDING'S OCCUPANTS OR OF NEIGHBORING RESIDENTS THROUGH
REMEDIATION OF SPECIFIC HAZARDS IDENTIFIED BY THE DEPARTMENT OF HEALTH
AND DEFICIENCIES IDENTIFIED BY FIRE SAFETY INSPECTIONS, OR THROUGH
CORRECTION OF CODE DEFICIENCIES THAT ARE DETERMINED TO BE HAZARDOUS TO
HEALTH OR SAFETY AND ARE IDENTIFIED THROUGH SUCH BUILDING CONDITION
SURVEY;
(B) SECOND TIER PROJECTS SHALL BE NECESSARY TO AMELIORATE IMMEDIATE
OVERCROWDING, AS DEFINED BY THE COMMISSIONER, IN THE SCHOOL DISTRICT;
(C) THIRD TIER PROJECTS SHALL BE NECESSARY TO REPLACE OR RENOVATE
SCHOOL BUILDINGS THAT HAVE BEEN IN USE FOR MORE THAN FORTY YEARS, WHERE
SUCH PROJECTS DO NOT INCLUDE A CAPACITY INCREASE GREATER THAN TEN
PERCENT OF THE GROSS FLOOR AREA AND WHERE SUCH SCHOOL DISTRICT HAS A
NEEDS-RESOURCE INDEX IN EXCESS OF THE STATEWIDE MEDIAN, AS ESTABLISHED
BY THE COMMISSIONER;
(D) FOURTH TIER PROJECTS SHALL BE PROJECTS TO MODERNIZE OR RENOVATE
SCHOOL BUILDINGS THAT HAVE BEEN IN USE FOR AT LEAST TWENTY YEARS, WHERE
SUCH PROJECTS DO NOT INCLUDE A CAPACITY INCREASE GREATER THAN TEN
PERCENT OF THE GROSS FLOOR AREA AND WHERE SUCH SCHOOL DISTRICT HAS A
NEEDS-RESOURCE INDEX IN EXCESS OF THE STATEWIDE MEDIAN, AS ESTABLISHED
BY THE COMMISSIONER;
(E) FIFTH TIER PROJECTS SHALL BE PROJECTS TO ADD SIGNIFICANT CAPACITY
WHERE THE MAJORITY OF SUCH ADDED CAPACITY IS USED TO AUGMENT BASIC
EDUCATIONAL SPACE SUCH AS CLASSROOMS AND LABORATORIES, OR BUILDING
SYSTEM RENOVATIONS WHICH ARE DESIGNED TO EXTEND THE USEFUL LIFE OF THE
BUILDING BY AT LEAST FIFTEEN YEARS AND WHERE SUCH SCHOOL DISTRICT HAS A
NEEDS-RESOURCE INDEX IN EXCESS OF THE STATEWIDE MEDIAN, AS ESTABLISHED
BY THE COMMISSIONER.
(F) SIXTH TIER PROJECTS SHALL BE PROJECTS THAT HAVE NOT BEEN MADE
ELIGIBLE PURSUANT TO SUBCLAUSES (A), (B), (C), (D) OR (E) OF THIS CLAUSE
AND ARE NOT INELIGIBLE FOR BUILDING AID PURSUANT TO SUBCLAUSE (G) OF
THIS CLAUSE.
(G) NOTWITHSTANDING ANY OTHER PROVISION OF THIS CLAUSE, PROJECTS TO
MODERNIZE OR RENOVATE SCHOOL BUILDINGS THAT HAVE BEEN IN USE FOR LESS
THAN TWENTY YEARS; PROJECTS TO RENOVATE OR RECONSTRUCT SPACE LEASED FOR
NON-SCHOOL DISTRICT PURPOSES, EXCLUDING SPACE LEASED TO BOARDS OF COOP-
ERATIVE EDUCATIONAL SERVICES; AND PROJECTS TO CORRECT DESIGN FLAWS,
ERRORS OR OMISSIONS AND IMPROPER CONSTRUCTION SHALL NOT BE ELIGIBLE FOR
AN APPORTIONMENT OF BUILDING AID PURSUANT TO THIS CLAUSE.
S. 2808 26 A. 4008
WITHIN EACH TIER CATEGORY, PROJECTS SHALL BE RANKED FIRST BY THE
DISTRICT'S NEED RESOURCE INDEX, THEN BY THE ADJUSTED AGE OF THE BUILD-
ING. PROJECTS SHALL BE SELECTED FOR INCLUSION IN THE COMPETITIVE
CONSTRUCTION FUND IN RANK ORDER, FIRST FROM FIRST TIER PROJECTS, THEN
FROM SECOND TIER PROJECTS, THEN FROM THIRD TIER PROJECTS, THEN FROM
FOURTH TIER PROJECTS, THEN FROM FIFTH TIER PROJECTS, THEN FROM SIXTH
TIER PROJECTS. SUCH DETERMINATION SHALL BE MADE PURSUANT TO REGULATIONS
OF THE COMMISSIONER ON A QUARTERLY BASIS, ON THE FIRST BUSINESS DAY
FOLLOWING FEBRUARY FIFTEENTH, THE FIRST BUSINESS DAY FOLLOWING MAY
FIFTEENTH, THE FIRST BUSINESS DAY FOLLOWING AUGUST FIFTEENTH AND THE
FIRST BUSINESS DAY FOLLOWING NOVEMBER FIFTEENTH. ANY SCHOOL DISTRICT NOT
IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL BE ELIGIBLE
TO RECEIVE A MAXIMUM OF TWENTY PERCENT OF THE FUNDS AVAILABLE PURSUANT
TO THIS PARAGRAPH. ANY CITY SCHOOL DISTRICT IN A CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE SHALL BE ELIGIBLE TO RECEIVE A MAXIMUM OF
FIFTY PERCENT OF THE FUNDS AVAILABLE PURSUANT TO THIS PARAGRAPH
PROVIDED, HOWEVER, THAT IN THE EVENT THAT ANY SUCH CITY HAS NOT MADE
APPLICATION FOR AND BEEN AWARDED SUCH FUNDS AS OF APRIL FIRST, THEY
SHALL BE MADE AVAILABLE FOR OTHER PROJECTS ELIGIBLE FOR FUNDING PURSUANT
TO THIS CLAUSE.
(II) FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND
THEREAFTER, THE EMERGENCY PROJECT CEILING SHALL BE THIRTY MILLION
DOLLARS ($30,000,000). PROJECT ELIGIBILITY PURSUANT TO THIS CLAUSE SHALL
BE CONSTRUCTION EMERGENCY PROJECTS THAT ARE REVIEWED BY THE STATE EDUCA-
TION DEPARTMENT AT THE REQUEST OF THE SCHOOL DISTRICT AND ARE DETERMINED
TO BE NECESSARY TO REMEDIATE EMERGENCY SITUATIONS WHICH ARISE IN PUBLIC
SCHOOL BUILDINGS AND THREATEN THE HEALTH AND/OR SAFETY OF BUILDING OCCU-
PANTS, AS A RESULT OF THE UNANTICIPATED DISCOVERY OF ASBESTOS OR OTHER
HAZARDOUS SUBSTANCES DURING CONSTRUCTION WORK ON A SCHOOL OR SIGNIFICANT
DAMAGE CAUSED BY A FIRE, SNOW STORM, ICE STORM, EXCESSIVE RAIN, HIGH
WIND, FLOOD OR SIMILAR CATASTROPHIC EVENT WHICH RESULTS IN THE NECESSITY
FOR IMMEDIATE REPAIR. IF FUNDS MADE AVAILABLE PURSUANT TO THIS SUBPARA-
GRAPH REMAIN UNALLOCATED AS OF APRIL FIRST, THEY SHALL BE MADE AVAILABLE
FOR COMPETITIVE CONSTRUCTION PROJECTS ELIGIBLE FOR FUNDING PURSUANT TO
CLAUSE (A) OF THIS SUBPARAGRAPH. IF, UPON SUBSEQUENT REVIEW OF THE
PROJECT, IT IS DEEMED NOT TO HAVE BEEN AN EMERGENCY PROJECT, THE
DISTRICT SHALL HAVE ITS APPORTIONMENTS PAYABLE PURSUANT TO THIS SECTION
REDUCED BY THE AMOUNT OF ANY APPORTIONMENTS PREVIOUSLY PAID PURSUANT TO
THIS CLAUSE FOR SUCH PROJECT, AND SUCH PROJECT SHALL BE ELIGIBLE FOR
FUNDING PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH.
b. (1) The apportionment for school building purposes to any district
shall be determined by adding the amount of its current year approved
expenditures for lease or other annual payments under the provisions of
section four hundred three-b, subdivision eight of section twenty-five
hundred three, or subdivision six of section twenty-five hundred fifty-
four of this chapter, other than payments under a lease-purchase agree-
ment or an equivalent agreement, plus the amount of its current year
approved expenditures under an assumed amortization for capital outlays
for school building purposes from its general fund, capital fund or from
a reserve fund to the amount of its current year approved expenditures
for debt service for such purposes and multiplying the sum by its aid
ratio. Expenditures made for computer equipment, including original
purchase and installation of hardware, conduit, wiring, and powering of
hardware installations in computer classrooms, or for building or
campuswide local area network systems and in-building elements of other
wide area networks, including the original purchase and installation of
S. 2808 27 A. 4008
conduit, wiring, and powering of hardware installations, may be included
in approved expenditures for building aid pursuant to this paragraph on
the approval of the commissioner regardless of any minimum cost require-
ment that may be applied to other approved expenditures pursuant to this
section. Such equipment expenses claimed for aid under this subdivision
shall not be claimed for aid under any other provisions of this chapter.
(2) Additional apportionment for certain school building projects.
(i) Eligibility. All school building projects (a) approved by the voters
of the school district or (b) approved by the board of education of a
city school district in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or more or (c) in the case of
a construction emergency project, approved by the board of education of
any school district or by the chancellor in a city school district in a
city having a population of one million or more, for projects approved
on or after July first, nineteen hundred ninety-eight, shall be eligible
for an additional apportionment pursuant to this subparagraph to the
extent that expenditures for such projects are otherwise aidable pursu-
ant to this subdivision, provided that where such projects are leases,
such projects would only be aidable pursuant to this subdivision follow-
ing the approval of the voters of the school district if entered into
pursuant to section four hundred three-b of the education law, and
provided that for all such projects so approved on or after July first,
two thousand, expenditures directly related to swimming pools shall not
be eligible for such additional apportionment, and further provided that
for the purposes of this subdivision a construction emergency project
shall mean a school construction project approved on or after July
first, two thousand, to remediate emergency situations which arise in
public school buildings and threaten the health and/or safety of build-
ing occupants, as a result of the unanticipated discovery of asbestos or
other hazardous substances during construction work on a school or
significant damage caused by a fire, snow storm, ice storm, excessive
rain, high wind, flood or similar catastrophic event which results in
the necessity for immediate repair.
(ii) Apportionment. The apportionment pursuant to this subparagraph
shall equal the product of such eligible approved expenses determined in
accordance with the provisions of clause (i) of this subparagraph and
this section and the incentive decimal computed for use in the year in
which the project was approved. The incentive decimal shall equal the
positive remainder resulting when the district's building aid ratio
selected pursuant to paragraph c of this subdivision is subtracted from
the enhanced building aid ratio. The enhanced building aid ratio shall
equal the sum of the building aid ratio selected for use in the current
year pursuant to paragraph c of this subdivision and one-tenth, computed
to three decimals without rounding, but not more than (a) ninety-eight
hundredths for a high need school district, as defined pursuant to regu-
lations of the commissioner, for all school building projects approved
by the voters of the school district or by the board of education of a
city school district in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or more, on or after July
first, two thousand five, or (b) ninety-five hundredths for any other
school building project or school district, nor less than one-tenth.
c. (1) For aid payable in the school year nineteen hundred ninety-
three--ninety-four and earlier, any school district may compute aid
under the provisions of this subdivision, or under FORMER subdivision
S. 2808 28 A. 4008
six of section thirty-six hundred one-a of this article, using the
building aid ratio computed for use in the current year or the aid ratio
computed for use in any year commencing with the nineteen hundred eight-
y-one--eighty-two school year as computed by the commissioner based on
data on file with the education department as of July first, nineteen
hundred ninety-six, and; provided that, school districts who are eligi-
ble for aid under paragraph f of subdivision fourteen of this section
may compute aid under the provisions of this subdivision using the aid
ratio so computed for the reorganized district or the highest of the aid
ratios so computed for any of the individual school districts which
existed prior to the date of the reorganized school district.
(2) (a) For aid payable in the school years nineteen hundred ninety-
four--ninety-five and thereafter for all school building projects
approved by the voters of the school district or by the board of educa-
tion of a city school district in a city with more than one hundred
twenty-five thousand inhabitants, and/or the chancellor in a city school
district in a city having a population of one million or more, before
July first, two thousand, any school district may compute aid under the
provisions of this subdivision using the building aid ratio computed for
use in the current year or the aid ratio computed for use in any year
commencing with the nineteen hundred eighty-one--eighty-two school year
as such earlier aid ratios are computed by the commissioner based on
data on file with the education department on or before July first of
the third school year following the school year in which aid is first
payable; provided that, school districts who are eligible for aid under
paragraph f of subdivision fourteen of this section may compute aid
under the provisions of this subdivision using the aid ratio so computed
for the reorganized district or the highest of the aid ratios so
computed for any of the individual school districts which existed prior
to the date of the reorganized school district.
(b) For aid payable in the school years two thousand--two thousand one
and thereafter for all school building projects approved by the voters
of the school district or by the board of education of a city school
district in a city with more than one hundred twenty-five thousand
inhabitants, and/or the chancellor in a city school district in a city
having a population of one million or more, on or after July first, two
thousand AND BEFORE FEBRUARY FIRST, TWO THOUSAND ELEVEN, any school
district shall compute aid under the provisions of this subdivision
using the sum of the high-need supplemental building aid ratio, if any,
computed pursuant to clause (c) of this subparagraph and the greater of
(i) the building aid ratio computed for use in the current year; or (ii)
a building aid ratio equal to the difference of the aid ratio that was
used or that would have been used to compute an apportionment pursuant
to this subdivision in the nineteen hundred ninety-nine--two thousand
school year as such aid ratio is computed by the commissioner based on
data on file with the department on or before July first of the third
school year following the school year in which aid is first payable,
less one-tenth; or (iii) for all such school building projects approved
by the voters of the school district or by the board of education of a
city school district in a city with more than one hundred twenty-five
thousand inhabitants, and/or the chancellor in a city school district in
a city having a population of one million or more, on or after July
first, two thousand and on or before June thirtieth, two thousand four,
for any school district for which the pupil wealth ratio is greater than
two and five-tenths in the school year in which such school building
project was approved by the voters of the school district or by the
S. 2808 29 A. 4008
board of education of a city school district in a city with more than
one hundred twenty-five thousand inhabitants, and/or the chancellor in a
city school district in a city having a population of one million or
more and for which the alternate pupil wealth ratio is less than eight-
y-five hundredths in such school year, and for all such school building
projects approved by the voters of the school district or by the board
of education of a city school district in a city with more than one
hundred twenty-five thousand inhabitants, and/or the chancellor in a
city school district in a city having a population of one million or
more, on or after July first, two thousand five and on or before June
thirtieth, two thousand eight, for any school district for which the
pupil wealth ratio was greater than two and five-tenths in the two thou-
sand--two thousand one school year and for which the alternate pupil
wealth ratio was less than eighty-five hundredths in the two thousand--
two thousand one school year, the additional building aid ratio;
provided that, school districts who are eligible for aid under paragraph
f of subdivision fourteen of this section may compute aid under the
provisions of this subdivision using the difference of the highest of
the aid ratios so computed for the reorganized district or the highest
of the aid ratios so computed for any of the individual school districts
which existed prior to the date of the reorganized school district less
one-tenth.
(c) For aid payable in the school years two thousand five--two thou-
sand six and thereafter for all school building projects approved by the
voters of the school district or by the board of education of a city
school district in a city with more than one hundred twenty-five thou-
sand inhabitants, and/or the chancellor in A city school district in a
city having a population of one million or more, on or after July first,
two thousand five, high need school districts, as defined pursuant to
regulations of the commissioner, may compute aid under the provisions of
this subdivision using the high-need supplemental building aid ratio,
which shall be the lesser of (A) the product, computed to three decimals
without rounding, of the greater of the building aid ratios computed
pursuant to subclauses i, ii and iii of clause (b) of this subparagraph
multiplied by five percent, or (B) the positive remainder of ninety-
eight one-hundredths less the greater of the building aid ratios
computed pursuant to subclauses i, ii and iii of clause (b) of this
subparagraph.
(D) FOR AID PAYABLE IN THE SCHOOL YEARS TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE AND THEREAFTER FOR ALL SCHOOL BUILDING PROJECTS APPROVED BY
THE VOTERS OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION OF A CITY
SCHOOL DISTRICT IN A CITY WITH MORE THAN ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS, AND/OR THE CHANCELLOR IN A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, ON OR AFTER FEBRUARY
FIRST, TWO THOUSAND ELEVEN, ANY SCHOOL DISTRICT SHALL COMPUTE AID UNDER
THE PROVISIONS OF THIS SUBDIVISION USING THE SUM OF THE HIGH-NEED
SUPPLEMENTAL BUILDING AID RATIO, IF ANY, COMPUTED PURSUANT TO CLAUSE (C)
OF THIS SUBPARAGRAPH AND THE BUILDING AID RATIO COMPUTED FOR USE IN THE
CURRENT YEAR.
S 29. Clause (c) of subparagraph 1 of paragraph e of subdivision 6 of
section 3602 of the education law, as amended by section 3 of part A-3
of chapter 58 of the laws of 2006, is amended to read as follows:
(c) By the first day of September of the current year the comptroller
of the city of New York shall provide to the commissioner an analysis,
as prescribed by the commissioner, of the actual average interest rate
applied to all capital debt incurred by the city of New York AND THE NEW
S. 2808 30 A. 4008
YORK CITY TRANSITIONAL FINANCE AUTHORITY for school purposes [(or by the
New York city transitional finance authority for school purposes, if no
such capital debt is incurred by the city of New York)] during the base
year and of the estimated average interest rate applied to all capital
debt to be incurred by the city of New York AND THE NEW YORK CITY TRAN-
SITIONAL FINANCE AUTHORITY for school purposes [(or by the New York city
transitional finance authority for school purposes, if no such capital
debt is incurred by the city of New York)] during the current year. Upon
approval by the commissioner such actual average interest rate shall be
established as the interest rate applicable to the base year for the
purposes of this subparagraph and subparagraph two of this paragraph,
and such estimated average interest rate shall be tentatively estab-
lished as the interest rate applicable to the current year, except that
all apportionments of aid payable during the current year based on such
estimated average interest rate shall be recalculated in the following
year and adjusted as appropriate based on the appropriate actual average
interest rate then established by the commissioner.
S 30. Clause (d) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as added by section 55-a of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
(d) Notwithstanding any other law, rule or regulation to the contrary,
any interest rate calculated under this subdivision shall take into
account any federal subsidy payments made or to be made to the applica-
ble [issuer] SCHOOL DISTRICT OR AN ISSUER ON BEHALF OF THE SCHOOL
DISTRICT under the terms of a federally authorized debt instrument which
have the effect of reducing the actual interest costs incurred by [such
issuer] THE SCHOOL DISTRICT OR AN ISSUER ON BEHALF OF THE SCHOOL
DISTRICT over the life of such capital debt, irrespective of any federal
government right of set-off.
S 31. Paragraph e of subdivision 6 of section 3602 of the education
law is amended by adding a new subparagraph 8 to read as follows:
(8) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY,
WHERE, DURING THE PERIOD OF ASSUMED AMORTIZATION RELATING TO A PROJECT
FOR THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR
IMPROVEMENT OF A SCHOOL BUILDING, THE SCHOOL BUILDING IS SOLD OR OWNER-
SHIP IS OTHERWISE TRANSFERRED TO AN ENTITY OTHER THAN THE SCHOOL
DISTRICT OR CITY AND SUCH TRANSFER RESULTS IN THE BUILDING NO LONGER
BEING OPERATED BY THE SCHOOL DISTRICT AS A PUBLIC ELEMENTARY OR SECOND-
ARY SCHOOL THAT IS NOT INDEPENDENT OR AUTONOMOUS, THE DISTRICT SHALL,
WITHIN SIXTY DAYS OF THE TRANSFER OF OWNERSHIP, NOTIFY THE COMMISSIONER
OF SUCH SALE OR TRANSFER, AND SHALL PROVIDE SUCH ADDITIONAL INFORMATION
ABOUT THE SALE OR TRANSFER AS THE COMMISSIONER MAY REQUIRE, IN A FORM
PRESCRIBED BY THE COMMISSIONER, AND THE COMMISSIONER SHALL RE-COMPUTE
THE BUILDING AID, IF ANY, PAYABLE FOR SUCH PROJECT PURSUANT TO THIS
SUBPARAGRAPH, EXCEPT TO THE EXTENT SUCH RE-COMPUTATION WOULD CONFLICT
WITH THE PROVISIONS OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-TT OF
THE PUBLIC AUTHORITIES LAW. THE COMMISSIONER SHALL DEDUCT THE REVENUES
RECEIVED BY THE SCHOOL DISTRICT OR CITY AS A RESULT OF SUCH SALE OR
TRANSFER FROM THE APPROVED TOTAL PROJECT COST AND, BASED ON SUCH
ADJUSTED PROJECT COST, ESTABLISH A NEW ASSUMED AMORTIZATION FOR THE
REMAINING USEFUL LIFE OF THE PROJECT UNDER THE APPLICABLE PROVISIONS OF
THIS PARAGRAPH.
S 32. Clause (ii) of subparagraph 5 of paragraph i of subdivision 6 of
section 3602 of the education law, as amended by section 1 of part F of
chapter 383 of the laws of 2001, is amended to read as follows:
S. 2808 31 A. 4008
(ii) notwithstanding any inconsistent provisions of this paragraph,
for aid payable in the two thousand two--two thousand three school year
and thereafter, approved expenditures for debt service for energy
performance contracts shall be based on assumed amortization where
required by paragraph e of this subdivision, AND PROVIDED FURTHER, THAT
APPROVED EXPENDITURES FOR DEBT SERVICE FOR ENERGY PERFORMANCE CONTRACTS
FOR PROJECTS APPROVED BY THE VOTERS OF THE SCHOOL DISTRICT OR BY THE
BOARD OF EDUCATION OF A CITY SCHOOL DISTRICT IN A CITY WITH MORE THAN
ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS, AND/OR THE CHANCELLOR IN A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN SHALL NOT BE ELIGIBLE
FOR AN ADDITIONAL APPORTIONMENT COMPUTED PURSUANT TO CLAUSE (II) OF
SUBPARAGRAPH TWO OF PARAGRAPH B OF THIS SUBDIVISION.
S 33. Subparagraph 1 of paragraph b of subdivision 7 of section 3602
of the education law, as amended by section 17 of part B of chapter 57
of the laws of 2007, is amended and a new subparagraph 3 is added to
read as follows:
(1) For the purposes of this apportionment, approved transportation
operating expense shall be the actual expenditure incurred by a school
district and approved by the commissioner, LESS ANY DEDUCTIONS REQUIRED
BY SUBPARAGRAPH THREE OF THIS PARAGRAPH: (i) for those items of trans-
portation operating expense allowable under subdivision one of section
thirty-six hundred twenty-three-a of this article for regular aidable
transportation of pupils as such terms are defined in sections thirty-
six hundred twenty-one and thirty-six hundred twenty-two-a of this arti-
cle, and (ii) for those items of transportation operating expense allow-
able under subdivision one of section thirty-six hundred twenty-three-a
of this article for the transportation required or authorized pursuant
to article eighty-nine of this chapter, and (iii) for providing monitors
on school buses for students with disabilities, and (iv) for transporta-
tion operating expenses allowable under section thirty-six hundred twen-
ty-three-a of this article for the transportation of homeless children
authorized by paragraph c of subdivision four of section thirty-two
hundred nine of this chapter, provided that the total approved cost of
such transportation shall not exceed the amount of the total cost of the
most cost-effective mode of transportation.
(3) (I) COMMENCING WITH AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR, TO RECEIVE AID ON ITS TOTAL ACTUAL TRANS-
PORTATION OPERATING EXPENSE APPROVED BY THE COMMISSIONER FOR THE BASE
YEAR, A SCHOOL DISTRICT SHALL DEMONSTRATE TO THE SATISFACTION OF THE
COMMISSIONER THAT IT: (I) HAS IMPLEMENTED A MAJORITY OF THE COST-EFFEC-
TIVE TRANSPORTATION MANAGEMENT BEST PRACTICES PRESCRIBED IN THE REGU-
LATIONS OF THE COMMISSIONER THAT ARE APPLICABLE TO THE DISTRICT, OR (II)
HAS ENTERED INTO A COST-EFFECTIVE SHARED TRANSPORTATION ARRANGEMENT WITH
ANOTHER LOCAL GOVERNMENT ENTITY.
(II) FOR PURPOSES OF THIS SUBPARAGRAPH, COST-EFFECTIVE TRANSPORTATION
MANAGEMENT BEST PRACTICES SHALL INCLUDE, BUT NEED NOT BE LIMITED TO:
(A) MAINTENANCE OF A REASONABLE UTILIZATION RATIO FOR BUSES;
(B) USE OF MULTIPLE YEAR CONTRACTS FOR PRIVATE VENDOR CONTRACTS;
(C) NO BUS PURCHASES MADE AT HIGHER THAN STATE CONTRACT PRICE IN THE
BASE YEAR;
(D) EARLY ADVERTISEMENT FOR NEW CONTRACTS;
(E) USE OF BUS ROUTING SOFTWARE WHERE POSSIBLE; AND/OR
(F) USE OF A STATEWIDE WEBSITE TO ADVERTISE FOR BIDS.
(III) A SCHOOL DISTRICT THAT FAILS TO MEET THE REQUIREMENTS OF CLAUSE
(I) OF THIS SUBPARAGRAPH SHALL HAVE ITS TOTAL ACTUAL TRANSPORTATION
S. 2808 32 A. 4008
OPERATING EXPENSE AS OTHERWISE APPROVED BY THE COMMISSIONER REDUCED AS
FOLLOWS:
(A) FOR AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN SCHOOL YEAR, BY TWO AND ONE HALF PERCENT;
(B) FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR, BY FIVE PERCENT;
(C) FOR AID PAYABLE IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR, BY SEVEN AND ONE-HALF PERCENT;
(D) FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN-
TEEN SCHOOL YEAR, BY TEN PERCENT.
S 34. Paragraph c of subdivision 7 of section 3602 of the education
law, as amended by section 1 of part A-4 of chapter 58 of the laws of
2006, is amended to read as follows:
c. (1) For the purposes of computing this apportionment for the two
thousand five--two thousand six school year and thereafter, approved
transportation capital, debt service, and lease expense shall be the
amount computed based upon an assumed amortization determined pursuant
to paragraph e of this subdivision for an expenditure incurred by a
school district and approved by the commissioner for those items of
transportation capital, debt service and lease expense allowable under
subdivision two of section thirty-six hundred twenty-three-a of this
article for: (i) the regular aidable transportation of pupils, as such
terms are defined in sections thirty-six hundred twenty-one and thirty-
six hundred twenty-two-a of this article, (ii) the transportation of
children with disabilities pursuant to article eighty-nine of this chap-
ter, and (iii) the transportation of homeless children pursuant to para-
graph c of subdivision four of section thirty-two hundred nine of this
chapter, provided that the total approved cost of such transportation
shall not exceed the amount of the total cost of the most cost-effective
mode of transportation.
(2) Approvable expenses for the purchase of school buses shall be
limited to the actual purchase price, or the expense as if the bus were
purchased under state contract, whichever is less. If the commissioner
determines that no comparable bus was available under state contract at
the time of purchase, the approvable expenses shall be the actual
purchase price or the state wide median price of such bus in the most
recent base year in which such median price was established with an
allowable year to year CPI increase as defined in subdivision fourteen
of section three hundred five of this chapter; whichever is less. Such
median shall be computed by the commissioner for the purposes of this
subdivision.
(3) FOR A SCHOOL BUS WITH A SEATING CAPACITY OF TEN OR MORE PASSEN-
GERS, INCLUDING THE DRIVER, WHICH IS PURCHASED ON OR AFTER THE EFFECTIVE
DATE OF THIS SUBPARAGRAPH AS A REPLACEMENT FOR AN EXISTING SCHOOL BUS,
THE EXPENSE OF SUCH PURCHASE SHALL NOT BE AN ALLOWABLE COST UNLESS THE
SCHOOL BUS BEING REPLACED IS AT LEAST TEN YEARS OLD AND HAS A MILEAGE IN
EXCESS OF ONE HUNDRED TWENTY THOUSAND MILES, OR A WAIVER IS GRANTED BY
THE COMMISSIONER PURSUANT TO THIS PARAGRAPH. FOR A SCHOOL BUS WITH A
SEATING CAPACITY OF LESS THAN TEN PASSENGERS, INCLUDING THE DRIVER,
WHICH IS PURCHASED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH
AS A REPLACEMENT FOR AN EXISTING SCHOOL BUS, THE EXPENSE OF SUCH
PURCHASE SHALL NOT BE AN ALLOWABLE COST UNLESS THE SCHOOL BUS BEING
REPLACED IS AT LEAST TEN YEARS OLD AND HAS A MILEAGE IN EXCESS OF ONE
HUNDRED TWENTY THOUSAND MILES, OR A WAIVER IS GRANTED BY THE COMMISSION-
ER PURSUANT TO THIS SUBPARAGRAPH. THE COMMISSIONER MAY GRANT SUCH WAIVER
WHERE THE SCHOOL DISTRICT DEMONSTRATES TO THE SATISFACTION OF THE
S. 2808 33 A. 4008
COMMISSIONER THAT THE CONTINUED OPERATION OF THE VEHICLE WOULD BE UNSAFE
AS A RESULT OF DAMAGE TO THE VEHICLE FROM AN ACCIDENT OR OTHERWISE, OR
OF MECHANICAL FAILURE, THAT CANNOT BE REMEDIED BY REPAIRS WITHOUT EXCES-
SIVE COST TO THE SCHOOL DISTRICTS.
S 35. Subdivision 12 of section 3602 of the education law, as added by
section 19 of part B of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this [act] ARTICLE, less (ii) the total foundation aid
base.
For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten] TWELVE--two thousand [eleven] THIRTEEN school years, each school
district shall be entitled to an apportionment equal to the amount set
forth for such school district as "EDUCATION GRANTS, ACADEMIC EN" under
the heading "2008-09 BASE YEAR AIDS" in the school aid computer listing
produced by the commissioner in support of the budget for the two thou-
sand nine--two thousand ten school year and entitled "SA0910", and such
apportionment shall be deemed to satisfy the state obligation to provide
an apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
S 36. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 19 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten [and] THROUGH two thousand [ten] TWELVE--two thousand
[eleven] THIRTEEN school years in the amount set forth for such school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand ten school year
and entitled "SA0910".
S 37. Section 3602 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. GAP ELIMINATION ADJUSTMENT. COMMENCING WITH AID PAYABLE IN THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, THE AGGREGATE
S. 2808 34 A. 4008
APPORTIONMENTS DUE ANY SCHOOL DISTRICT AND PAYABLE FROM APPROPRIATIONS
MADE IN SUPPORT OF GENERAL SUPPORT FOR PUBLIC SCHOOLS SHALL BE REDUCED
BY THE GAP ELIMINATION ADJUSTMENT, AND SUCH REDUCTION SHALL BE INCLUDED
IN THE COMPUTATION OF "MONEYS APPORTIONED" PURSUANT TO THE OPENING PARA-
GRAPH OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART. THE GAP ELIMI-
NATION ADJUSTMENT FOR ANY DISTRICT SHALL EQUAL THE PRODUCT OF THE GAP
ELIMINATION ADJUSTMENT PERCENTAGE FOR SUCH DISTRICT AND THE EXCESS
GROWTH AMOUNT, AS COMPUTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
S 38. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the elec-
tronic data file produced by the commissioner in support of the two
thousand nine--two thousand ten education, labor and family assistance
budget, provided, however, that in the case of a district implementing
programs for the first time or implementing expansion programs in the
two thousand eight--two thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, FOR THE TWO
THOUSAND NINE--TWO THOUSAND TEN AND TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN SCHOOL YEARS, such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two thousand nine
school year, AND FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE AND
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEARS EACH SCHOOL
DISTRICT SHALL BE ELIGIBLE FOR A MAXIMUM GRANT EQUAL TO THE AMOUNT SET
FORTH FOR SUCH SCHOOL DISTRICT AS "UNIVERSAL PRE-KINDERGARTEN" UNDER THE
HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
FOR THE 2011-12 SCHOOL YEAR AND ENTITLED "BT111-2", and provided further
that the maximum grant shall not exceed the total actual grant expendi-
tures incurred by the school district in the current school year as
approved by the commissioner.
S 39. Paragraphs a and b of subdivision 5 of section 3604 of the
education law, paragraph a as amended by chapter 161 of the laws of 2005
and paragraph b as amended by section 59 of part A of chapter 436 of the
laws of 1997, are amended to read as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
S. 2808 35 A. 4008
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN school year [and thereafter], the commissioner shall
certify no payment to a school district based on a claim submitted later
than one year after the close of such school year. FOR CLAIMS FOR WHICH
PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL
DISTRICT IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND ENTITLED "BT111-2".
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS
PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST, AND SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE DATE UPON WHICH AN ELECTRONIC DATA FILE
WAS CREATED FOR THE PURPOSES OF COMPUTING THE JUNE AMOUNT PURSUANT TO
S. 2808 36 A. 4008
SUBPARAGRAPH TWO OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED NINE-A OF THIS PART. Provided, however, no payments shall be
barred or reduced where such payment is required as a result of a final
audit of the state. [It is further provided that, until June thirtieth,
nineteen hundred ninety-six, the commissioner may grant a waiver from
the provisions of this section for any school district if it is in the
best educational interests of the district pursuant to guidelines devel-
oped by the commissioner and approved by the director of the budget.]
b. Claims resulting from court orders or judgments. [Any] FOR CLAIMS
FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN SCHOOL YEAR, ANY payment which would be due as the
result of a court order or judgment shall not be barred, provided that,
commencing January first, nineteen hundred ninety-six, such court order
or judgment and any other data required shall be filed with the comp-
troller within one year from the date of the court order or judgment,
and provided further that the commissioner shall certify no payment to a
school district for a specific school year that is based on a claim that
results from a court order or judgement so filed with the comptroller
unless the total value of such claim, as determined by the commissioner,
is greater than one percent of the school district's total revenues from
state sources as previously recorded in the general fund and reported to
the comptroller in the annual financial report of the school district
for such school year.
S 40. The opening paragraph of section 3609-a of the education law, as
amended by section 22 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the respective amount set forth for each
school district as payable pursuant to this section in the school aid
computer listing for the current year produced by the commissioner in
support of the budget which includes the appropriation for the general
support for public schools for the prescribed payments and individual-
ized payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment calculated
by the commissioner based on data on file at the time the payment is
processed; provided however, that for the purposes of any payments made
pursuant to this section prior to the first business day of June of the
current year, moneys apportioned shall not include any aids payable
pursuant to subdivisions six and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or any aids payable for full-day kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two of this
part. The definitions of "base year" and "current year" as set forth in
S. 2808 37 A. 4008
subdivision one of section thirty-six hundred two of this part shall
apply to this section. For aid payable in the two thousand nine--two
thousand ten school year, reference to such "school aid computer listing
for the current year" shall mean the printouts entitled "SA0910". FOR
AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR
AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE
SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH
SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID
COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION
FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS
AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT
YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR
PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS PURSUANT TO
SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART OR ANY
DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAPTER FOR
COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN SUBDI-
VISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER, LESS ANY
GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDI-
VISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW, LESS ANY
GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX
HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPORTIONMENT CALCULATED
BY THE COMMISSIONER BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS
PROCESSED; PROVIDED HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE
PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE
CURRENT YEAR, MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE
PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE
ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR
OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR
PURSUANT TO SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT YEAR" AS SET FORTH IN
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL
APPLY TO THIS SECTION.
S 41. Subparagraphs 2 and 3 of paragraph a and clauses (i), (iv), (v),
(vi) and (vii) of subparagraph 3 of paragraph b of subdivision 1 of
section 3609-a of the education law, subparagraph 2 of paragraph a and
clauses (v) and (vii) of subparagraph 3 of paragraph b as amended by
section 32 of part B of chapter 57 of the laws of 2007, subparagraph 3
of paragraph a and clauses (i) and (iv) of subparagraph 3 of paragraph b
as amended by chapter 474 of the laws of 1996 and clause (vi) of subpar-
agraph 3 of paragraph b as added by section 43 of part A of chapter 60
of the laws of 2000, are amended to read as follows:
(2) Lottery apportionment. Of the estimated moneys to be apportioned
by the commissioner to school districts for the current year, that
portion payable pursuant to section ninety-two-c of the state finance
law, exclusive of the minimum lottery grant provided for the purchase of
textbooks pursuant to subparagraph one of paragraph b of subdivision
four of section ninety-two-c of such law and the lottery grant provided
pursuant to subparagraph two-a of paragraph b of subdivision four of
section ninety-two-c of the state finance law, shall be payable on the
[first] LAST state business day of September.
(3) Lottery textbook apportionment. The minimum lottery grant provided
for the purchase of textbooks pursuant to subparagraph one of paragraph
b of subdivision four of section ninety-two-c of the state finance law,
S. 2808 38 A. 4008
shall be payable on or before the [first] LAST STATE BUSINESS day of
September.
(i) Winter payments. The amounts designated for January, February and
March pursuant to clauses (i), (ii) and (iii) of subparagraph two of
this paragraph shall be paid on OR BEFORE the [first] LAST state busi-
ness day of such months.
(iv) April and May payments. Any amount designated for and remaining
to be paid in April or May pursuant to clauses (iv) and (v) of subpara-
graph two of this paragraph minus any portion of such amounts advanced
pursuant to clause (ii) of this subparagraph shall be paid on OR BEFORE
the [first] LAST state business day of such months.
(v) June payment. The moneys apportioned to school districts and
designated for June pursuant to clause (vi) of subparagraph two of this
paragraph shall be paid on OR BEFORE the [first] LAST state business day
of such month, to the extent that moneys are owed to school districts
pursuant to this section for the current year, including claims for
current year aid for debt service on bond anticipation notes aidable in
June and/or new bonds and capital notes aidable in June pursuant to
subdivisions six and fourteen, if applicable, of section thirty-six
hundred two of this [article] PART and claims for current year aid for
conversion to full day kindergarten [pursuant to subdivision nine of
section thirty-six hundred two of this article], after taking into
account any adjustments made in accordance with clauses (ii) and (iii)
of this subparagraph, net of any disallowances.
(vi) Deferred July payment of certain claims for debt service on bond
anticipation notes and on bonds or capital notes first issued in the
current year. The moneys apportioned to school districts for claims for
current year aid for debt service on bond anticipation notes aidable in
July following the current year and/or new bonds and capital notes aida-
ble in July following the current year pursuant to subdivisions six and
fourteen, if applicable, of section thirty-six hundred two of this
[article] PART shall be paid on OR BEFORE the [first] LAST state busi-
ness day of July immediately following the current school year, to the
extent that moneys are owed to school districts pursuant to this section
for the current year, net of any disallowances.
(vii) Deferred September payments. Any amounts payable to a school
district pursuant to this section which exceeded one hundred percent of
the respective amount set forth for such district as payable pursuant to
this section in the school aid computer listing for the current school
year shall be designated for payment for the month of September next
following the close of the current school year. Such payments shall be
made on OR BEFORE the [first] LAST state business day of the month of
September, based on data on file as of August first.
S 42. Clause (iii) of subparagraph 3 of paragraph b of subdivision 1
of section 3609-a of the education law, as amended by section 32 of part
B of chapter 57 of the laws of 2007, is amended to read as follows:
(iii) Determining final payment for the state fiscal year. Prior to
transmitting the March payment to the state comptroller, based on
current year, base year and prior school year state aid payments made or
scheduled to be made from the general support for public schools appro-
priations for the state fiscal year ending March thirty-first, the
commissioner shall determine the extent to which the amount designated
for June pursuant to clause (vi) of subparagraph two of this paragraph,
as adjusted in accordance with clause (ii) of this subparagraph, net of
any disallowances, would need to be advanced and paid on or before March
thirty-first in order to use the remainder of such appropriations,
S. 2808 39 A. 4008
EXCLUDING AMOUNTS ASSIGNED TO THE DEPARTMENT OF HEALTH PURSUANT TO
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-B OF THIS ARTICLE, on
or before March thirty-first, or to the extent to which the amount
designated for March would need to be proportionally reduced so as not
to exceed such state fiscal year appropriations. The commissioner shall
report the amount of money required to be advanced or deferred and the
percent it represents of the June or March amounts, as the case may be,
to the director of the budget, the chairperson of the senate finance
committee and the chairperson of the assembly ways and means committee.
To the extent that moneys are advanced or deferred pursuant to this
paragraph, they shall be in the same proportion as each school
district's share bears to the total of such June or March amount. Upon
approval of the director of the budget, the commissioner shall transmit
the schedule of any such partial June prepayments or such reduced March
payments to the state comptroller. Any portion of the March payment
deferred shall be added to the June payment; any portion of the June
payment advanced shall be paid on or before March thirty-first.
S 43. Subparagraph 4 of paragraph b of subdivision 1 of section 3609-a
of the education law, as amended by section 25 of part A of chapter 57
of the laws of 2009, is amended to read as follows:
(4) State share of medicaid reimbursements. For the purposes of this
subparagraph, FOR AID PAYABLE IN THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR, the first reporting period shall run from May first
of the base year through January thirty-first of the current year, and
the second reporting period shall run from February first of the current
year through [April thirtieth] MARCH THIRTY-FIRST of the current year.
FOR AID PAYABLE IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR AND THEREAFTER, THE FIRST REPORTING PERIOD SHALL RUN FROM APRIL
FIRST OF THE BASE YEAR THROUGH DECEMBER THIRTY-FIRST OF THE CURRENT
YEAR, AND THE SECOND REPORTING PERIOD SHALL RUN FROM JANUARY FIRST OF
THE CURRENT YEAR THROUGH MARCH THIRTY-FIRST OF THE CURRENT YEAR.
Notwithstanding any inconsistent provisions of law to the contrary, the
sustaining advance payment due any school district pursuant to clause
(ii) of subparagraph three of this paragraph in March shall be reduced
by fifty percent of any federal participation during the first reporting
period pursuant to title XIX of the social security act, in special
education programs provided pursuant to article eighty-nine of this
chapter for services provided on or before June thirtieth, two thousand
nine; the June payment due any school district pursuant to clause (v) of
subparagraph three of this paragraph shall be reduced by fifty percent
of any federal participation during the second reporting period for
services provided on or before June thirtieth, two thousand nine. Not
later than ten days after the end of [a] THE FIRST reporting period
ENDING ON JANUARY THIRTY-FIRST, TWO THOUSAND ELEVEN, NOT LATER THAN
FORTY-ONE DAYS AFTER EACH FIRST REPORTING PERIOD THEREAFTER AND NOT
LATER THAN FORTY DAYS AFTER THE END OF EACH SECOND REPORTING PERIOD, the
commissioner of health, as the authorized fiscal agent of the state
education department, shall certify to the commissioner and the director
of the budget the total amount of such federal moneys paid to a school
district for such services during such reporting period. Following each
cycle payment, the commissioner of health shall report to the commis-
sioner the aggregate amount of such federal medicaid payments to each
school district. The commissioner shall recoup such amounts first, to
the extent possible, from the specified payment, then by withholding any
other moneys due the school district and finally by direct billing to
any school district still owing moneys to the state. All moneys withheld
S. 2808 40 A. 4008
or paid to the state on account of this paragraph shall be credited by
the comptroller to the local assistance account for general support for
public schools.
S 44. Subdivision 1 of section 3609-a of the education law is amended
by adding a new paragraph e to read as follows:
E. GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE COMMISSIONER SHALL REDUCE PAYMENTS DUE TO EACH DISTRICT FOR THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR PURSUANT TO THIS
SECTION BY AN AMOUNT EQUAL TO THE GAP ELIMINATION ADJUSTMENT COMPUTED
FOR SUCH DISTRICT, AND SUCH AMOUNT SHALL BE DEDUCTED FROM MONEYS APPOR-
TIONED FOR THE PURPOSES OF PAYMENTS MADE PURSUANT TO THIS SECTION AND IF
THE REDUCTION IS GREATER THAN THE SUM OF THE AMOUNTS AVAILABLE FOR SUCH
DEDUCTIONS, THE REMAINDER OF THE REDUCTION SHALL BE WITHHELD FROM
PAYMENTS SCHEDULED TO BE MADE TO THE DISTRICT PURSUANT TO THIS SECTION
FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, AND
PROVIDED FURTHER THAT AN AMOUNT EQUAL TO THE AMOUNT OF SUCH DEDUCTION
SHALL BE DEEMED TO HAVE BEEN PAID TO THE DISTRICT PURSUANT TO THIS
SECTION FOR THE SCHOOL YEAR IN WHICH SUCH DEDUCTION IS MADE. THE COMMIS-
SIONER SHALL COMPUTE SUCH GAP ELIMINATION ADJUSTMENT AND SHALL PROVIDE A
SCHEDULE OF SUCH REDUCTION IN PAYMENTS TO THE STATE COMPTROLLER, THE
DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND
THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
(2) THE GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON DATA USED
BY THE COMMISSIONER FOR THE PURPOSES OF PRODUCING A SCHOOL AID COMPUTER
LISTING IN SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR.
(I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A) THE PRODUCT OF
THE TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY SIX AND FOUR-TENTHS PERCENT
(0.064), AND (B) THE PRODUCT OF FOUR THOUSAND FOUR HUNDRED DOLLARS
($4,400) MULTIPLIED BY THE REDUCTION FACTOR, MULTIPLIED BY THE PUBLIC
SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF SUCH SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART, PROVIDED, HOWEVER, THAT SUCH PERCENTAGE
REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF ELEVEN PERCENT (0.11)
MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PROD-
UCT OF TWENTY-THREE PERCENT (0.23) MULTIPLIED BY SUCH TOTAL AID FOR
ADJUSTMENT.
(II) THE TAX EFFORT REDUCTION SHALL BE THE PRODUCT OF THE TOTAL AID
FOR ADJUSTMENT, MULTIPLIED BY THE QUOTIENT OF TWENTY-THREE PERCENT
(0.23) DIVIDED BY THE QUOTIENT OF THE TAX EFFORT RATIO DIVIDED BY FOUR
AND FIVE TENTHS PERCENT (0.045), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT
REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF FIFTEEN PERCENT (0.15)
MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PROD-
UCT OF TWENTY-THREE PERCENT (0.23) MULTIPLIED BY SUCH TOTAL AID FOR
ADJUSTMENT.
(III) THE TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE PERCENTAGE AND
THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.
(IV) THE ADMINISTRATIVE EFFICIENCY OFFSET SHALL BE THE PRODUCT OF
SEVENTY-FIVE DOLLARS ($75), MULTIPLIED BY THE STATE SHARING RATIO,
MULTIPLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS.
THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE LESSER
OF THE DISTRICT'S PERCENTAGE REDUCTION AND ITS TGFE CHECK, PROVIDED,
HOWEVER, THAT IN THE CASE OF A DISTRICT WITH A TAX EFFORT RATIO GREATER
THAN FOUR AND ONE-HALF PERCENT (0.045) AND A COMBINED WEALTH RATIO FOR
S. 2808 41 A. 4008
TOTAL FOUNDATION AID THAT IS LESS THAN ONE AND FIVE-TENTHS (0.015)
PERCENT, THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE
LESSER OF THE PERCENTAGE REDUCTION, THE TGFE CHECK AND THE TAX EFFORT
REDUCTION, AND FURTHER PROVIDED THAT IN THE CASE OF A SCHOOL DISTRICT,
OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND, WITH (A) AN ADMINISTRATIVE
EFFICIENCY RATIO OF LESS THAN ONE AND EIGHT-TENTHS PERCENT (0.018) AND
(B) AN ADMINISTRATIVE EXPENSE PER PUPIL OF LESS THAN THREE HUNDRED
FORTY-EIGHT DOLLARS ($348), THE GAP ELIMINATION ADJUSTMENT SHALL BE
REDUCED BY AN AMOUNT EQUAL TO THE ADMINISTRATIVE EFFICIENCY OFFSET.
(3) FOR THE PURPOSES OF SUCH COMPUTATION, (I) "TOTAL AID FOR ADJUST-
MENT" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH FOR EACH SCHOOL
DISTRICT AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES + SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL
SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",
"ACADEMIC ENHANCEMENT", "HIGH TAX AID" AND "SUPPLEMENTAL PUB EXCESS
COST" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEAR;
(II) "THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT" SHALL
MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO HAVE
APPLICATIONS ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION LETTER
CONFIRMING THEIR ELIGIBILITY FOR PARTICIPATION IN THE STATE AND FEDER-
ALLY FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE ENROLLMENT
WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE YEAR PRIOR TO
THE BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS PRIOR TO
THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
GARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC
SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH
THIS SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER
OF PUPILS IN KINDERGARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT
REGISTER OF A PUBLIC SCHOOL DISTRICT COMPUTED FOR THE YEAR TWO YEARS
PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC SCHOOL
DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR; AND
(III) "TOTAL AIDABLE FOUNDATION PUPIL UNITS" SHALL MEAN THE TOTAL
AIDABLE FOUNDATION PUPIL UNITS COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION TWO OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, FOR
THE PURPOSES OF COMPUTING TOTAL FOUNDATION AID; AND
(IV) "COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID" SHALL MEAN THE
COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS PART; AND
(V) "THE STATE SHARING RATIO" SHALL MEAN THE STATE SHARING RATIO
COMPUTED FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, BUT
NOT LESS THAN TEN PERCENT (0.10); AND
(VI) "TAX EFFORT RATIO" SHALL MEAN THE TAX EFFORT RATIO COMPUTED
PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION SIXTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND
S. 2808 42 A. 4008
(VII) "REDUCTION FACTOR" SHALL MEAN THE PRODUCT OF THE POSITIVE
REMAINDER OF ONE LESS THE THREE-YEAR AVERAGE FREE AND REDUCED PRICE
LUNCH PERCENT, MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDA-
TION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
VISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART; AND
(VIII) "ADMINISTRATIVE EFFICIENCY RATIO" SHALL MEAN THE QUOTIENT OF
THE SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
EXPENDITURES FOR THE BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE RECORDS MANAGEMENT OFFICER, PUBLIC INFORMATION AND
SERVICES AND FEES FOR FISCAL AGENTS, DIVIDED BY THE TOTAL EXPENDITURES
CHARGED BY A DISTRICT TO THE GENERAL, DEBT SERVICE, AND SPECIAL AID
FUNDS, EXCLUDING TRANSFERS FROM THE GENERAL FUND TO THE DEBT SERVICE AND
SPECIAL AID FUNDS, BASED ON EXPENDITURES REPORTED BY THE DISTRICT FOR
THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR, BASED ON DATA ON FILE
FOR AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST; AND
(IX) "ADMINISTRATIVE EXPENSE PER PUPIL" SHALL MEAN THE QUOTIENT OF THE
SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
EXPENDITURES FOR THE BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE RECORDS MANAGEMENT OFFICER, PUBLIC INFORMATION AND
SERVICES AND FEES FOR FISCAL AGENTS, CHARGED BY A DISTRICT TO THE GENER-
AL, DEBT SERVICE, AND SPECIAL AID FUNDS, BASED ON EXPENDITURES REPORTED
BY THE DISTRICT FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR,
DIVIDED BY THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE
OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART BASED ON DATA ON FILE FOR
AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST;
AND
(X) "TGFE PERCENTAGE" SHALL MEAN, (A) IN THE CASE OF A DISTRICT DETER-
MINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE (C) OF
SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", FOR A
SCHOOL DISTRICT WHICH HAS A THREE-YEAR AVERAGE FREE AND REDUCED PRICE
LUNCH PERCENT GREATER THAN SEVENTY-FIVE PERCENT (0.75) AND WHICH HAS AN
ADMINISTRATIVE EFFICIENCY RATIO LESS THAN ONE AND FIFTY-FIVE ONE
HUNDREDTHS PERCENT (0.0155), FOUR AND SEVEN TENTHS PERCENT (0.047) AND
FOR ALL OTHER SUCH SCHOOL DISTRICTS, SIX AND NINE TENTHS PERCENT
(0.069), OR (B) IN THE CASE OF ALL OTHER SCHOOL DISTRICTS, ELEVEN
PERCENT (0.11).
S 45. Paragraphs a and a-1 of subdivision 1 of section 3609-b of the
education law, paragraph a as amended by section 26 and paragraph a-1 as
added by section 27 of part A of chapter 57 of the laws of 2009, are
amended to read as follows:
S. 2808 43 A. 4008
a. Any moneys to be apportioned by the commissioner to school
districts during the school year pursuant to this section for services
provided on or before June thirtieth, two thousand nine THAT WERE REIM-
BURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEVEN shall,
in the first instance, be designated as the state share of moneys due a
school district pursuant to title XIX of the social security act, on
account of school supportive health services provided to students with
disabilities in special education programs pursuant to article eighty-
nine of this chapter and to those pupils who are qualified handicapped
persons as defined in the federal rehabilitation act of nineteen hundred
seventy-three, as amended. Some or all of such state share may be
assigned on behalf of school districts to the department of health, as
provided herein; any remaining state share moneys shall be paid to
school districts on the same schedule as the federal share of such title
XIX payments and shall be based on the monthly report of the commission-
er of health to the commissioner; and any remaining moneys to be appor-
tioned to a school district pursuant to this section shall be paid in
accordance with the provisions of subdivision two of this section. The
amount to be assigned to the department of health, as determined by the
commissioner of health, for any school district shall not exceed the
federal share of any moneys due such school district pursuant to title
XIX. Moneys designated as state share moneys shall be paid to such
school districts based on the submission and approval of claims related
to such school supportive health services, in the manner provided by
law.
a-1. Any moneys to be apportioned by the commissioner to school
districts during the school year pursuant to this section for services
provided during the two thousand nine--two thousand ten school year and
thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR THAT WERE
NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO THOUSAND ELEV-
EN, shall, in the first instance, be designated as the state share of
moneys due a school district pursuant to title XIX of the social securi-
ty act, on account of school supportive health services provided to
students with disabilities in special education programs pursuant to
article eighty-nine of this chapter and to those pupils who are quali-
fied handicapped persons as defined in the federal rehabilitation act of
nineteen hundred seventy-three, as amended. Such state share shall be
assigned on behalf of school districts to the department of health, as
provided herein; the amount designated as such nonfederal share shall be
transferred by the commissioner to the department of health based on the
monthly report of the commissioner of health to the commissioner; and
any remaining moneys to be apportioned to a school district pursuant to
this section shall be paid in accordance with the provisions of subdivi-
sion two of this section. The amount to be assigned to the department of
health, as determined by the commissioner of health, for any school
district shall not exceed the federal share of any moneys due such
school district pursuant to title XIX. Moneys designated as state share
moneys shall be paid to such school districts by the department of
health based on the submission and approval of claims related to such
school supportive health services, in the manner provided by law.
S 46. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 28 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
S. 2808 44 A. 4008
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through two
thousand nine--two thousand ten AND TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE.
S 47. Subdivision 6 of section 3622-a of the education law, as amended
by chapter 422 of the laws of 2004, is amended to read as follows:
6. Transportation of pupils to and from approved summer school
programs operated by a school district in the two thousand--two thousand
one school year and thereafter, provided, however, [that any expenses
for which aid is received pursuant to subdivision thirty-nine of section
thirty-six hundred two of this article shall be excluded from the compu-
tation of allowable transportation expense, and provided further] that
if the total statewide apportionment attributable to allowable transpor-
tation expenses incurred pursuant to this subdivision exceeds five
million dollars ($5,000,000), individual school district allocations
shall be prorated to ensure that the apportionment for such summer
transportation does not exceed five million dollars ($5,000,000),
provided that such prorated apportionment computed and payable as of
September one of the school year immediately following the school year
for which such aid is claimed shall be deemed final and not subject to
change; and
S 48. Paragraph c of subdivision 2 of section 3623-a of the education
law, as amended by chapter 453 of the laws of 2005, is amended and a new
paragraph f is added to read as follows:
c. [The] SUBJECT TO THE LIMITATION IN PARAGRAPH F OF THIS SUBDIVISION,
THE purchase of equipment deemed a proper school district expense,
including: (i) the purchase of two-way radios to be used on old and new
school buses, (ii) the purchase of stop-arms, to be used on old and new
school buses, (iii) the purchase and installation of seat safety belts
on school buses in accordance with the provisions of section thirty-six
hundred thirty-five-a of this article, (iv) the purchase of school bus
back up beepers, (v) the purchase of school bus front crossing arms,
(vi) the purchase of school bus safety sensor devices, (vii) the
purchase and installation of exterior reflective marking on school
buses, (viii) the purchase of automatic engine fire extinguishing
systems for school buses used to transport students who use wheelchairs
or other assistive mobility devices, and (ix) the purchase of other
equipment as prescribed in the regulations of the commissioner; and
F. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION,
ALLOWABLE EXPENSES FOR THE PURCHASE OF EQUIPMENT FOR NEW SCHOOL BUSES
PURCHASED ON OR AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL BE
LIMITED TO EXPENSES FOR THOSE ITEMS OF EQUIPMENT DETERMINED BY THE
DEPARTMENT TO BE COST-EFFECTIVE.
S. 2808 45 A. 4008
S 49. Section 3641 of the education law is amended by adding a new
subdivision 7 to read as follows:
7. A. THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT THE LOCAL
COMPETITIVE PERFORMANCE GRANT PROGRAM FOR PRIORITY INITIATIVES TO
IMPROVE THE ACADEMIC ACHIEVEMENT OF STUDENTS.
B. THE COMMISSIONER MAY AWARD GRANTS, WITHIN AVAILABLE FUNDING, IN
SUPPORT OF PROGRAMS THAT HAVE PROVEN TO BE EFFECTIVE IN IMPROVING THE
ACADEMIC ACHIEVEMENT OF STUDENTS, INCLUDING TO THE EXTENT PRACTICABLE,
BUT NOT LIMITED TO, SERVICES THAT SUPPORT STUDENTS' ACADEMIC ACHIEVEMENT
AND CLASSROOM READINESS, ENHANCE THE PROFESSIONAL CAPACITY OF TEACHERS
OR PROVIDE SUPPORT FOR ECONOMICALLY DISADVANTAGED AND UNDERREPRESENTED
INDIVIDUALS WHO WISH TO ENTER THE TEACHING WORKFORCE. SUCH GRANTS SHALL
BE AWARDED UNDER THIS SECTION ON A COMPETITIVE BASIS PURSUANT TO A
REQUEST FOR APPLICATION/PROPOSAL PROCESS AS DEVELOPED BY THE COMMISSION-
ER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
C. THE COMMISSIONER MAY PROMULGATE REGULATIONS, INCLUDING ON AN EMER-
GENCY BASIS, AS NECESSARY TO IMPLEMENT THIS SECTION.
S 50. Paragraph b of subdivision 11 of section 3641 of the education
law, as amended by chapter 9 of the laws of 2008, is amended to read as
follows:
b. To the Roosevelt union free school district FOR THE TWO THOUSAND
ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR there shall be paid [twelve] SIX
million dollars [($12,000,000)] ($6,000,000) on an annual basis, AND FOR
THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFT-
ER THERE SHALL BE PAID TWELVE MILLION DOLLARS ($12,000,000) ON ANNUAL
BASIS. For school years commencing on July first, two thousand seven and
thereafter, such special academic improvement grant shall be payable
from funds appropriated for such purpose and shall be apportioned to the
Roosevelt union free school district in accordance with the payment
schedules contained in section three thousand six hundred nine-a of this
article, notwithstanding any provision of law to the contrary.
S 51. Section 4201 of the education law, subdivision 1 as amended by
chapter 183 of the laws of 1965, paragraph h of subdivision 1 as amended
by chapter 496 of the laws of 1986 and paragraph l of subdivision 1 as
amended by chapter 111 of the laws of 1975, is amended to read as
follows:
S 4201. [Duties of commissioner of education] APPROVED PRIVATE SCHOOLS
FOR THE INSTRUCTION OF THE BLIND AND THE DEAF AND OTHER STUDENTS WITH
DISABILITIES. 1. The following institutions for the instruction of the
deaf and of the blind shall be [subject to the visitation of the commis-
sioner of education] DEEMED TO BE APPROVED PRIVATE NONRESIDENTIAL AND
RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILITIES
APPROVED PURSUANT TO PARAGRAPHS E AND G OF SUBDIVISION TWO OF SECTION
FORTY-FOUR HUNDRED ONE OF THIS TITLE, AS APPLICABLE, AS OF JULY FIRST,
TWO THOUSAND ELEVEN AND THEREAFTER SHALL OPERATE AS APPROVED PRIVATE
NONRESIDENTIAL AND RESIDENTIAL SCHOOLS PURSUANT TO ARTICLE EIGHTY-NINE
OF THIS TITLE FOR ALL PURPOSES, INCLUDING WHERE APPLICABLE AS AN
APPROVED PROGRAM UNDER SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE,
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND SECTION FORTY-TWO
HUNDRED FOUR-A OF THIS ARTICLE:
a. The New York school for the deaf;
b. The Lexington school for the deaf;
c. St. Mary's school for the deaf in the city of Buffalo;
D. THE HENRY VISCARDI SCHOOL;
e. St. Joseph's school for the deaf in the city of New York;
f. Rochester school for the deaf in the city of Rochester;
S. 2808 46 A. 4008
h. The New York Institute for Special Education in the city of New
York;
i. Lavelle School for the Blind in the city of New York;
j. Mill Neck Manor school for the deaf in Nassau county;
k. St. Francis DeSales school for the deaf and hard of hearing in the
county of Kings.
l. Cleary Deaf Child Center, Inc., in the counties of Suffolk and
Nassau.
2. [It shall be the duty of the commissioner:
a. To inquire into the organization of the several schools and the
methods of instruction employed therein.
b. To prescribe courses of study and methods of instruction that will
meet the requirements of the state for the education of state pupils.
c. To make appointments of pupils to the several schools, to transfer
such pupils from one school to another as circumstances may require; to
cancel appointments for sufficient reason.
d. To ascertain by a comparison with other similar institutions wheth-
er any improvements in instruction and discipline can be made; and for
that purpose to appoint from time to time, suitable persons to visit the
schools.
e. To suggest to the directors of such institutions and to the legis-
lature such improvements as he shall judge expedient.
f. To make an annual report to the legislature on all of the matters
enumerated in this subdivision and particularly as to the condition of
the schools, the improvement of the pupils, and their treatment in
respect to board and lodging.] BY NO LATER THAN JULY FIRST, TWO THOUSAND
TWELVE, THE COMMISSIONER SHALL REVIEW THE APPROVED STATUS OF EACH SUCH
SCHOOL AND, BASED ON THE STANDARDS APPLICABLE TO ALL OTHER APPROVED
PRIVATE SCHOOLS, DETERMINE WHETHER TO CONTINUE OR REVOKE SUCH APPROVAL
BASED UPON THE SCHOOL'S COMPLIANCE WITH SUCH STANDARDS. IN ADDITION,
SUCH SCHOOLS MAY BE APPROVED BY THE COMMISSIONER TO SERVE STUDENT POPU-
LATIONS OTHER THAN BLIND OR VISUALLY IMPAIRED OR DEAF OR HEARING
IMPAIRED STUDENTS.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE STATE APPOINTMENTS OF ALL STUDENTS OF SCHOOL AGE
ENROLLED IN SUCH SCHOOLS PRIOR TO JULY FIRST, TWO THOUSAND ELEVEN SHALL
CONTINUE UNTIL JUNE THIRTIETH, TWO THOUSAND TWELVE OR UNTIL SUCH TIME AS
THE COMMITTEE ON SPECIAL EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE
STUDENT CURRENTLY RESIDES HAS RECOMMENDED AN INDIVIDUALIZED EDUCATION
PROGRAM FOR SUCH STUDENT FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE SCHOOL YEAR, WHICHEVER IS LATER. WHERE SUCH COMMITTEE ON SPECIAL
EDUCATION HAS RECOMMENDED PLACEMENT IN AN APPROVED PRIVATE SCHOOL LISTED
IN SUBDIVISION ONE OF THIS SECTION PURSUANT TO PARAGRAPH D OF SUBDIVI-
SION TWO OF SECTION FORTY-FOUR HUNDRED ONE OF THIS TITLE FOR THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR IN AN INDIVIDUALIZED
EDUCATION PROGRAM RECOMMENDED PRIOR TO JULY FIRST, TWO THOUSAND ELEVEN,
SUCH PLACEMENT SHALL BE DEEMED TO HAVE BEEN A PLACEMENT IN SUCH SCHOOL
MADE PURSUANT TO PARAGRAPHS E AND G OF SUBDIVISION TWO OF SECTION
FORTY-FOUR HUNDRED ONE OF THIS TITLE AND SHALL CONTINUE WITHOUT
DISRUPTION DESPITE TERMINATION OF THE STATE APPOINTMENT.
4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
CURRENT SCHOOL DISTRICT OF RESIDENCE OF EACH STUDENT ENROLLED IN SUCH
SCHOOL SHALL BE RESPONSIBLE FOR THE TUITION AND MAINTENANCE COSTS,
EXCEPT WHERE SUCH MAINTENANCE COSTS ARE REIMBURSED BY A DIRECT STATE
APPROPRIATION FOR SUCH PURPOSE, OF STUDENTS OF SCHOOL AGE ENROLLED IN
SUCH SCHOOLS PURSUANT TO SECTION FORTY-FOUR HUNDRED FIVE OF THIS TITLE
S. 2808 47 A. 4008
TO THE SAME EXTENT AS WITH OTHER APPROVED PRIVATE SCHOOLS, INCLUDING ANY
STUDENTS WHOSE STATE APPOINTMENTS ARE CONTINUED BEYOND JUNE THIRTIETH,
TWO THOUSAND ELEVEN IN ACCORDANCE WITH SUBDIVISION THREE OF THIS
SECTION. PROVIDED, HOWEVER, THAT THE COSTS OF PARTICIPATION IN A PUBLIC
RETIREMENT SYSTEM FOR EMPLOYEES HIRED ON OR BEFORE JUNE THIRTIETH, TWO
THOUSAND ELEVEN SHALL CONTINUE TO BE ALLOWABLE AND SUCH EMPLOYEES SHALL
CONTINUE TO BE DEEMED PUBLIC EMPLOYEES AND THE SCHOOLS PUBLIC EMPLOYERS
SOLELY FOR SUCH PURPOSE. EMPLOYEES OF SUCH SCHOOLS HIRED ON OR AFTER
JULY FIRST, TWO THOUSAND ELEVEN SHALL NOT BE ELIGIBLE TO PARTICIPATE IN
A PUBLIC RETIREMENT SYSTEM.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ON AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, SUCH SCHOOLS
SHALL NOT BE AUTHORIZED TO OPERATE MULTIDISCIPLINARY TEAMS, AND EACH
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM MAY ONLY BE DEVELOPED, RECOM-
MENDED AND REVISED BY THE COMMITTEE ON SPECIAL EDUCATION OF THE
STUDENT'S SCHOOL DISTRICT OF RESIDENCE.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ALL PRESCHOOL PROGRAMS SERVING STUDENTS WITH DISABILITIES
THAT WERE PROVIDED BY A SCHOOL ENUMERATED IN SUBDIVISION ONE OF THIS
SECTION IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR, OTHER
THAN THOSE PROGRAMS AUTHORIZED BY SECTION FORTY-TWO HUNDRED FOUR-A OF
THIS ARTICLE, SHALL, AS OF JULY FIRST, TWO THOUSAND ELEVEN, BE DEEMED TO
BE APPROVED PROGRAMS PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
TITLE. BY NO LATER THAN JULY FIRST, TWO THOUSAND TWELVE, THE COMMISSION-
ER SHALL REVIEW THE APPROVED STATUS OF EACH SUCH PROGRAM AND, BASED ON
THE STANDARDS APPLICABLE TO ALL OTHER APPROVED PROGRAMS FOR CHILDREN
WITH DISABILITIES, DETERMINE WHETHER TO CONTINUE OR REVOKE SUCH APPROVAL
BASED UPON THE SCHOOL'S COMPLIANCE WITH SUCH STANDARDS.
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY REFERENCE IN LAW TO "STATE-SUPPORTED SCHOOLS" SHALL BE
DEEMED A REFERENCE TO THE SCHOOLS ENUMERATED IN SUBDIVISION ONE OF THIS
SECTION AND SHALL CONTINUE IN EFFECT UNLESS IT CONFLICTS WITH THE
PROVISIONS OF THIS SECTION, IN WHICH CASE THE PROVISIONS OF THIS SECTION
SHALL PREVAIL.
S 52. Sections 4202, 4203, subdivisions 2 and 3 of section 4204, 4205,
4206, subdivisions 2, 3 and 4 of section 4207, 4208, 4209, 4211, 4212
and 4213 of the education law are REPEALED.
S 53. Subdivision 1 of section 4204 of the education law, as amended
by chapter 352 of the laws of 1958, is amended to read as follows:
1. Each deaf pupil so received into any of the institutions aforesaid
shall be provided with board, lodging and tuition; and the directors of
the institution shall receive an appropriation for each pupil so
provided for, in quarterly payments, to be paid by the commissioner of
taxation and finance, on the warrant of the comptroller, to the treasur-
er of said institution; provided, however, that an estimated one-half of
each such quarterly payment shall be due on the first day of each quar-
ter, the estimate to be based on the affidavit of the chief executive
officer of the institution stating the number of pupils for whom board,
lodging and tuition was so provided by the institution during the
preceding quarter and during the comparable quarter of the preceding
year, and the remaining part of each such quarterly payment shall be due
thereafter on the first day of the quarter next ensuing, upon the pres-
entation by the treasurer of the institution of a bill showing the actu-
al time and number of pupils attending the institution, which bill shall
be signed by the chief executive officer of the institution, and veri-
fied by his oath. THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO
S. 2808 48 A. 4008
BOARD, LODGING AND TUITION FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
AND PRIOR SCHOOL YEARS.
S 54. Section 4204-a of the education law, as added by chapter 1066 of
the laws of 1974, subdivision 1 as amended by chapter 705 of the laws of
1992, is amended to read as follows:
S 4204-a. DEAF-INFANT PROGRAM. (1) All deaf children resident in this
state, below the age of three, of suitable age and capacity, who shall
have been resident in this state for one year immediately preceding the
application, or is an orphan whose nearest friend shall have been resi-
dent in this state for one year immediately preceding the application,
shall be eligible to receive approved educational services in one of the
institutions for instruction for the deaf of the state as enumerated in
section forty-two hundred one of this article, as well as in such educa-
tional programs or other like facilities which shall, in the discretion
of the commissioner, be certified as eligible to receive such pupils on
a day basis only; provided, however, the foregoing requirement as to
length of residence in this state may be waived in the discretion of the
commissioner. Such children who are first eligible for services pursuant
to section forty-four hundred ten of this [chapter] TITLE whose parents
or persons in parental relationship elect to have them continue to
receive services pursuant to this section may do so through August thir-
ty-first of the calendar year in which such child turns three.
(2) Each deaf pupil so received into any of the approved institutions
or facilities aforesaid shall be provided with tuition; and the direc-
tors of the institution or facility shall receive an appropriation for
each pupil so provided for, in quarterly payments, to be paid by the
commissioner of taxation and finance on the warrant of the comptroller,
to the treasurer of said institution or facility, on his OR HER present-
ing a bill showing the actual time and number of pupils in attendance,
which bill shall be signed by the chief executive officer of the insti-
tution, and verified under his OR HER oath.
(3) Children placed in any such approved institution or facility,
pursuant to this section, shall be maintained therein on a day basis
only at the expense of the state for the period of time the school is in
session. Further, the commissioner shall approve such expense only if
the child attends the facility nearest his OR HER legal residence;
provided, however, that the foregoing requirement as to the facility the
child shall attend may be waived in the discretion of the commissioner.
(4) The commissioner shall promulgate such rules and regulations
pertaining to the educational programs for deaf children placed in
facilities under the provisions of this section as he OR SHE shall deem
to be in the best interests of such children.
(5) The [state education] department shall maintain a register of such
approved institutions or facilities which, after inspection, it deems
qualified to meet the needs of such child for instruction of such child
in such institution or facility. Such inspection shall also determine
the eligibility of such educational facility to receive the funds
hereinbefore specified.
S 55. Section 4204-b of the education law, as added by chapter 853 of
the laws of 1976, is amended to read as follows:
S 4204-b. School district contribution. The school district of which
any such child is resident at the time of admission or readmission to
any of the institutions or facilities enumerated in section forty-two
hundred one of this [chapter] ARTICLE shall be required to reimburse the
state on account of any expenditure made by the state for any such child
initially appointed by the commissioner to such institution or facility
S. 2808 49 A. 4008
after June thirtieth, nineteen hundred seventy-seven AND ATTENDING SUCH
FACILITY OR INSTITUTION IN THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR OR A PRIOR SCHOOL YEAR in an amount equal to the school
district basic contribution defined in subdivision eight of section
forty-four hundred one of this [chapter] TITLE. The state comptroller
may deduct from any state funds which become due to a school district
for each year in which such child was in attendance at such institution
or facility an amount equal to the reimbursement required to be made by
such school district in accordance with this section, and the amount so
deducted shall not be included in the operating expense of such district
for the purposes of computing the apportionment for operating expense
aid pursuant to subdivision eleven of section thirty-six hundred two of
this chapter.
S 56. Subdivision 1 of section 4207 of the education law, as amended
by chapter 352 of the laws of 1958, is amended to read as follows:
1. Each blind pupil so received into any of the institutions specified
in this article shall be provided with board, lodging and tuition; and
the directors of the institution shall receive an appropriation for each
pupil so provided for, in quarterly payments, to be paid by the commis-
sioner of taxation and finance, on the warrant of the comptroller, to
the treasurer of said institution; provided, however, that an estimated
one-half of each such quarterly payment shall be due on the first day of
each quarter, the estimate to be based on the affidavit of the chief
executive officer of the institution stating the number of pupils for
whom board, lodging and tuition was so provided by the institution
during the preceding quarter and during the comparable quarter of the
preceding year, and the remaining part of each such quarterly payment
shall be due thereafter on the first day of the quarter next ensuing,
upon the presentation by the treasurer of the institution of a bill
showing the actual time and number of pupils attending the institution,
which bill shall be signed by the chief executive officer of the insti-
tution, and verified by his oath. THE PROVISIONS OF THIS SUBDIVISION
SHALL APPLY TO BOARD, LODGING AND TUITION FOR THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN AND PRIOR SCHOOL YEARS.
S 57. Paragraph d of subdivision 2 of section 4401 of the education
law, as amended by chapter 53 of the laws of 1990, is amended to read as
follows:
d. Appointment by the commissioner to a state school in accordance
with article eighty-seven or eighty-eight of this [chapter or a state-
supported school in accordance with article eighty-five of this chapter]
TITLE.
S 58. Subdivision 6 of section 4402 of the education law, as amended
by section 34 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [ten] TWELVE of the [two
thousand nine--two thousand ten] TWO THOUSAND ELEVEN--TWO THOUSAND
S. 2808 50 A. 4008
TWELVE school year, be authorized to increase class sizes in special
classes containing students with disabilities whose age ranges are
equivalent to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum specified
in the applicable regulation, provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization shall be
granted upon filing of a notice by such a board of education with the
commissioner stating the board's intention to increase such class sizes
and a certification that the board will conduct a study of attendance
problems at the secondary level and will implement a corrective action
plan to increase the rate of attendance of students in such classes to
at least the rate for students attending regular education classes in
secondary schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during the school
year in which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the commissioner. Upon at least
thirty days notice to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that the board has failed to
develop or implement an approved corrective action plan.
S 59. Subdivision 17 of section 4403 of the education law, as amended
by chapter 53 of the laws of 1987, is amended to read as follows:
17. Commencing with the nineteen hundred eighty-seven--eighty-eight
school year, to provide for instruction during the months of July and
August of students with [handicapping conditions] DISABILITIES who have
received state appointments pursuant to article [eighty-five,] eighty-
seven or eighty-eight of this [chapter] TITLE and whose [handicapping
conditions] DISABILITIES, in the judgment of the commissioner, are
severe enough to exhibit the need for a structured learning environment
of twelve months duration to maintain developmental levels, by making
such appointments for twelve months; provided that the initial term of
appointment of a student with a [handicapping condition] DISABILITY who
is the minimum age eligible for such a state appointment shall not
commence during the months of July or August.
S 60. Section 4408 of the education law, as amended by chapter 82 of
the laws of 1995, subdivision 1 as amended by section 32 and subdivision
3 as amended by section 33 of part A-1 of chapter 58 of the laws of
2006, is amended to read as follows:
S 4408. Payment for July and August programs for students with disa-
bilities. 1. State aid. The commissioner shall make payments for
approved July and August programs for students with disabilities in
accordance with this section in an amount equal to [eighty percent of]
THE PRODUCT OF THE STATE PAYMENT, COMPUTED PURSUANT TO SUBDIVISION FIVE
OF THIS SECTION, AND the sum of the approved tuition and maintenance
rates and the transportation expense for the current year enrollment of
students with disabilities ages five through twenty-one or students
eligible for services during July and August pursuant to article [eight-
y-five,] eighty-seven or eighty-eight of this chapter, where such costs
are determined pursuant to section forty-four hundred five of this arti-
S. 2808 51 A. 4008
cle, provided that the placement of such students was approved by the
commissioner, if required. Such programs shall operate for six weeks and
shall be funded for thirty days of service, provided, however, that the
observance of the legal holiday for Independence day may constitute a
day of service. Upon certification by the school district in which the
student resides, that such services were provided, such payment shall be
made to the provider of such services, in accordance with the provisions
of subdivision three of this section.
2. Chargeback to a municipality. Ten percent of the approved cost of
July and August services provided pursuant to this section for each
student shall be a charge against the municipality in which the parent,
or person in parental relationship to such student, resided on July
first of the school year in which such services were provided. The comp-
troller shall deduct from any state funds which become due to a munici-
pality an amount equal to such ten percent required in accordance with
this subdivision which amount shall be credited to the local assistance
account of the state education department as designated by the division
of the budget.
3. Payment schedule. For aid payable in the [two thousand six--two
thousand seven] TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE school year AND
THEREAFTER, moneys appropriated annually to the department from the
general fund - local assistance account under the elementary, middle and
secondary education program for July and August programs for students
with disabilities, shall be used as follows: (i) for remaining base year
and prior school years obligations, PROVIDED THAT STATE AID PAYMENTS DUE
FOR SUCH PRIOR SCHOOL YEARS SHALL BE PAID WITHIN THE LIMIT OF THE APPRO-
PRIATION DESIGNATED FOR SUCH PURPOSE, AND PROVIDED FURTHER THAT EACH
ELIGIBLE CLAIM SHALL BE PAYABLE IN THE ORDER THAT IT HAS BEEN APPROVED
FOR PAYMENT BY THE COMMISSIONER, BUT IN NO CASE SHALL A SINGLE CLAIM
DRAW DOWN MORE THAN FORTY-FIVE PERCENT OF THE APPROPRIATION SO DESIG-
NATED FOR A SINGLE YEAR, AND PROVIDED FURTHER THAT NO CLAIM SHALL BE SET
ASIDE FOR INSUFFICIENCY OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL
BE ELIGIBLE FOR A PARTIAL PAYMENT IN ONE YEAR AND SHALL RETAIN ITS
PRIORITY DATE STATUS FOR APPROPRIATIONS DESIGNATED FOR SUCH PURPOSES IN
FUTURE YEARS, (ii) for the purposes of subdivision four of this section
for schools operated under articles eighty-seven and eighty-eight of
this chapter, OR ANY OTHER PURPOSE OF SUCH APPROPRIATION EXCEPT AS
DESIGNATED IN PARAGRAPH (I) OF THIS SUBDIVISION AND THIS PARAGRAPH and
(iii) notwithstanding any inconsistent provisions of this chapter, for
payments made pursuant to this section for current school year obli-
gations WITHIN THE LIMIT OF THE AMOUNT OF THE APPROPRIATION DESIGNATED
FOR SUCH PURPOSE THAT REMAINS AFTER PAYMENT OF CLAIMS PURSUANT TO PARA-
GRAPHS (I) AND (II) OF THIS SUBDIVISION, provided, however, that such
payments shall not exceed seventy percent of the state aid due for the
sum of the approved tuition and maintenance rates and transportation
expense provided for herein; provided, however, that payment of eligible
claims shall be payable in the order that such claims have been approved
for payment by the commissioner, but in no case shall a single payee
draw down more than forty-five percent of the appropriation provided for
the purposes of this section, and provided further that no claim shall
be set aside for insufficiency of funds to make a complete payment, but
shall be eligible for a partial payment in one year and shall retain its
priority date status for appropriations provided for this section in
future years.
4. Of the amount so appropriated to the department for the July and
August programs for schools operated under articles eighty-seven and
S. 2808 52 A. 4008
eighty-eight of this chapter, an amount shall be transferred to the
special revenue funds - other, Batavia school for the blind and Rome
school for the deaf accounts, pursuant to a plan to be developed by the
commissioner and approved by the director of the budget for students
with disabilities attending July and August programs pursuant to this
section at such schools pursuant to such articles. Such amount shall be
determined by the tuition and maintenance rates and the total number of
students with disabilities approved by the commissioner for placement
for the July and August program. The commissioner shall establish the
methodology for computation of such tuition and maintenance rates for
each school which shall take into account all pertinent expenditures
including administration, direct care staff, nondirect care staff and
other than personal service costs.
5. State [share] PAYMENT. A. FOR SCHOOL YEARS COMMENCING PRIOR TO
JULY FIRST, TWO THOUSAND ELEVEN, THE STATE PAYMENT SHALL BE EIGHTY
PERCENT OF THE SUM OF SUCH APPROVED TUITION AND MAINTENANCE RATES AND
TRANSPORTATION EXPENSE.
B. FOR SCHOOL YEARS COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND
ELEVEN, THE STATE PAYMENT SHALL BE EQUAL TO THE STATE SHARING RATIO FOR
TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION
THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, BUT SHALL NOT
BE LESS THAN TWENTY PERCENT NOR MORE THAN NINETY PERCENT.
C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER THE CHARGE-
BACK TO A MUNICIPALITY REQUIRED PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
6. MEDICAID ADJUSTMENT. In accordance with the provisions of subpara-
graph four of paragraph b of subdivision one of section thirty-six
hundred nine-a of this chapter FOR SERVICES PROVIDED DURING THE TWO
THOUSAND EIGHT--TWO THOUSAND NINE AND PRIOR SCHOOL YEARS, any moneys due
the school district shall be reduced by an amount equal to fifty percent
of any federal participation, pursuant to title XIX of the social secu-
rity act, in special education programs provided pursuant to this
section. FOR SERVICES PROVIDED DURING THE TWO THOUSAND NINE--TWO THOU-
SAND TEN SCHOOL YEAR AND THEREAFTER, OR FOR SERVICES PROVIDED IN A PRIOR
SCHOOL YEAR THAT WERE NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL
FIRST, TWO THOUSAND ELEVEN, SUCH STATE SHARE SHALL BE DESIGNATED AND
TRANSFERRED PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-B OF THIS CHAP-
TER.
[6.] 7. Notwithstanding any other provision of law to the contrary, no
payments shall be made by the commissioner pursuant to this section on
or after July first, nineteen hundred ninety-six based on a claim
submitted later than three years after the end of the school year in
which services were rendered, provided however that no payment shall be
barred or reduced where such payment is required as a result of a court
order or judgment or a final audit.
S 61. Intentionally omitted.
S 62. Paragraphs a and d of subdivision 1 of section 4410-b of the
education law, as added by chapter 6 of the laws of 2000, are amended to
read as follows:
a. "Approved preschool special education program" shall mean a public
or private agency which has been approved by the commissioner as a
provider of special education programs or services to preschool students
with disabilities pursuant to subdivision nine of section forty-four
hundred ten of this article or A DEAF-INFANT PROGRAM PROVIDED pursuant
to article eighty-five of this chapter.
S. 2808 53 A. 4008
d. "Public or private agency" shall mean an approved preschool special
education program, or [a state-supported] AN APPROVED PRIVATE school
[operating pursuant to article eighty-five] LISTED IN SUBDIVISION ONE OF
SECTION FORTY-TWO HUNDRED ONE of this chapter THAT PROVIDES A DEAF-IN-
FANT PROGRAM, or an approved private non-residential or residential
school that provides special services or programs pursuant to subdivi-
sion two of section forty-four hundred one of this article. Such term
shall not include an individual providing related services only to
preschool students with disabilities pursuant to section forty-four
hundred ten of this article. Such term shall include a board of cooper-
ative educational services only to the extent it is an approved
preschool special education program, and only for those students
provided special education programs or services pursuant to section
forty-four hundred ten of this article.
S 63. Clause (b) of subparagraph (iii) of paragraph b of subdivision
11 of section 4410 of the education law, as amended by chapter 205 of
the laws of 2009, is amended to read as follows:
(b) Any moneys due municipalities pursuant to this paragraph for
services provided during the two thousand nine--two thousand ten school
year and thereafter, OR FOR SERVICES PROVIDED IN A PRIOR SCHOOL YEAR
THAT WERE NOT REIMBURSED BY THE STATE ON OR BEFORE APRIL FIRST, TWO
THOUSAND ELEVEN, shall, in the first instance, be designated as the
state share of moneys due a municipality pursuant to title XIX of the
social security act, on account of school supportive health services
provided to preschool students with disabilities pursuant to this
section. Such state share shall be assigned on behalf of municipalities
to the department of health, as provided herein; the amount designated
as such nonfederal share shall be transferred by the commissioner to the
department of health based on the monthly report of the commissioner of
health to the commissioner; and any remaining moneys to be apportioned
to a municipality pursuant to this section shall be paid in accordance
with this section. The amount to be assigned to the department of
health, as determined by the commissioner of health, for any munici-
pality shall not exceed the federal share of any moneys due such munici-
pality pursuant to title XIX of the social security act. Moneys desig-
nated as state share moneys shall be paid to such municipality by the
department of health based on the submission and approval of claims
related to such school supportive health services, in the manner
provided by law.
S 64. Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
of the state finance law, as amended by section 46 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
(4) each eligible school district shall be entitled to an additional
lottery grant equal to the result of multiplying the district's total
aidable FOUNDATION pupil units for the base year COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
ACT by:
Base Grant x (1 + aid ratio)
Where, the base grant shall equal the sum of the net total available
moneys after making payments pursuant to subparagraphs (1), (2), (2-a)
and (3) above, plus an amount from the general support for public
schools-- general fund local assistance account equal to the June
lottery payment, divided by the total aidable FOUNDATION pupil units of
the state and where the Aid Ratio is equal to one minus the pupil wealth
S. 2808 54 A. 4008
ratio of the district as such term is defined in section thirty-six
hundred two of the education law. In no case shall a school district aid
ratio exceed one (1) or be less than minus one (-1).
S 65. Subdivision b of section 2 of 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, as amended by section
41 of part A of chapter 57 of the laws of 2009, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year shall not exceed 64.7
percent of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact hour where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult, reimbursement for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or nine
dollars and ninety cents per contact hour where a contact hour repres-
ents sixty minutes of instruction services provided to an eligible
adult], reimbursement for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour or ten
dollars and sixty-five cents per contact hour [where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult and], reimbursement for the 2009-10 school year shall not exceed
64.1 percent of the lesser of such approvable costs per contact hour or
eleven dollars and [fifty] FORTY cents per contact hour [where a contact
hour represents sixty minutes of instruction services provided to an
eligible adult], REIMBURSEMENT FOR THE 2010-11 SCHOOL YEAR SHALL NOT
EXCEED 62.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT
HOUR OR TWELVE DOLLARS AND FIVE CENTS PER CONTACT HOUR AND REIMBURSEMENT
FOR THE 2011-12 SCHOOL YEAR SHALL NOT EXCEED 62.9 PERCENT OF THE LESSER
OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND TWENTY-
NINE CENTS PER CONTACT HOUR, WHERE A CONTACT HOUR REPRESENTS SIXTY
MINUTES OF INSTRUCTION SERVICES PROVIDED TO AN ELIGIBLE ADULT. Notwith-
standing any other provision of law to the contrary, [for the 2006-07
school year such contact hours shall not exceed one million nine hundred
twenty-three thousand seventy-six (1,923,076) hours; whereas for the
2007-08 school year such contact hours shall not exceed one million
eight hundred thirty-seven thousand sixty (1,837,060) hours; whereas]
for the 2008-09 school year such contact hours shall not exceed one
million nine hundred forty-six thousand one hundred seven (1,946,107)
hours; whereas for the 2009-10 school year such contact hours shall not
exceed one million seven hundred [sixty-three] EIGHTY thousand [nine
hundred seven (1,763,907)] EIGHT HUNDRED TWENTY-ONE (1,780,821) hours;
WHEREAS FOR THE 2010-11 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED
ONE MILLION FIVE HUNDRED TWENTY-FIVE THOUSAND ONE HUNDRED NINETY-EIGHT
(1,525,198) HOURS; WHEREAS FOR THE 2011-12 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED NINETY-THREE THOUSAND
FIVE HUNDRED SIX (1,493,506) HOURS.
Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
S 66. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
S. 2808 55 A. 4008
worker education in New York city, is amended by adding a new subdivi-
sion p to read as follows:
P. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2011-2012 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
S 67. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 43 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2010] 2012.
S 68. Subdivision 1 of section 167 of chapter 169 of the laws of 1994
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 44 of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty[,] AND twenty-two [and twenty-three] of this act shall expire and
be deemed repealed on March 31, [2011] 2013.
S 69. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by section 45 of part A of chapter 57
of the laws of 2009, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2010] 2012 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2010] 2012;
S 70. Section 2 of chapter 386 of the laws of 1996, amending the
education law relating to providing for a waiver allowing state aid in
certain circumstances, as amended by chapter 661 of the laws of 2005, is
amended to read as follows:
S 2. This act shall take effect immediately, provided that the
provisions of this act shall be deemed to have been in full force and
S. 2808 56 A. 4008
effect on and after January 1, 1996[, and provided, further that this
act shall be deemed repealed on and after January 1, 2011].
S 71. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion law relating to the lease of school buses by school districts, as
amended by section 46 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
S 7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2011] 2013.
S 72. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by chapter 179 of the laws
of 2009, is amended to read as follows:
S 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2010] 2012 when
upon such date the provisions of this act shall be deemed repealed.
S 73. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by chapter 158 of the laws of 2009, is amended to read as
follows:
S 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2010] 2012.
S 74. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by chapter 158 of the laws of 2009, is amended to
read as follows:
S 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2010] 2012.
S 75. Subdivision 4 of section 51 of part B of chapter 57 of the laws
of 2008 amending the education law relating to the universal pre-kinder-
garten program, is amended to read as follows:
4. section 23 of this act shall take effect July 1, 2008 and shall
expire and be deemed repealed June 30, [2010] 2012;
S 76. Section 23 of chapter 169 of the laws of 1994, relating to
certain provisions related to the 1994-95 state operations, aid to
localities, capital projects and debt service budgets, is REPEALED.
S 77. Section 1 of chapter 665 of the laws of 1963, relating to the
Human Resources School, as amended by chapter 1060 of the laws of 1974
and subdivision f as added by chapter 235 of the laws of 1990, is
amended to read as follows:
Section 1. a. Whereas the state of New York is committed to the devel-
opment of educational programs for all of its pupils and the promotion
and development of EDUCATIONAL programs for [physically handicapped]
children WITH PHYSICAL DISABILITIES in public school classes so that
they may benefit from the many advantages inherent in group instruction.
In the fulfillment of this commitment and notwithstanding any incon-
sistent provision of law, the legislature does hereby, through the
facility known as the [Human Resources] HENRY VISCARDI school, provide
for the instruction of [severely physically handicapped] children WITH
SEVERE PHYSICAL DISABILITIES who prior to admission to such school have
been receiving home-instruction, attending out-of-state schools or have
been exempted from school because their disability or combination of
disabilities is such to make them ineligible for or unable to receive
instruction in regular schools.
S. 2808 57 A. 4008
b. The [Human Resources] HENRY VISCARDI school shall be [the subject
of visitation of the commissioner of education to the same extent as
prescribed for those schools] AN APPROVED PRIVATE SCHOOL PURSUANT TO
ARTICLE 89 OF THE EDUCATION LAW AS set forth in section [forty-two
hundred one] 4201 of the education law [and the commissioner of educa-
tion shall have the same duties toward the Human Resources school as
prescribed in sections forty-two hundred one and forty-two hundred two
of the education law].
c. Each such severely physically [handicapped] DISABLED child received
into the [Human Resources] HENRY VISCARDI school shall, IN THE TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN AND PRIOR SCHOOL YEARS, be provided with
tuition and the directors or trustees of said [Human Resources] HENRY
VISCARDI school shall receive an appropriation for each pupil so
provided for, to the same extent as that provided for the schools for
the deaf and blind as enumerated in section [forty-two hundred one] 4201
of the education law and in the same manner as set forth in section
forty-two hundred four of the education law except that in the case of
[Human Resources] THE HENRY VISCARDI school no payment for board or
lodging shall be provided.
[The commissioner is authorized to transfer any funds appropriated by
the legislature for the Human Resources school to those funds appropri-
ated for those schools enumerated in section forty-two hundred one of
the education law. Thereafter, the commissioner shall include the
expenses anticipated for the support of such severely physically hand-
icapped students attending the Human Resources school in the budget
estimates, submissions and appropriations made pursuant to section
forty-two hundred four of the education law.]
d. The eligibility requirements for pupils attending the [Human
Resources] HENRY VISCARDI school shall extend to all severely physically
[handicapped] DISABLED children [who meet the residence and age require-
ments, subject to the waiver by the commissioner as set forth in section
forty-two hundred three of the education law] AND OTHER STUDENTS WITH
DISABILITIES LAWFULLY ATTENDING PROGRAMS OFFERED BY SUCH SCHOOL AND
APPROVED BY THE COMMISSIONER OF EDUCATION.
e. [The term of instruction for pupils in the Human Resources school
shall be the same as that set forth in subdivision two of section
forty-two hundred four of the education law.
f.] In the event that the name "Human Resources School" as set forth
herein is changed, the provisions hereof shall apply to such school as
renamed.
S 78. Subdivision 2 of section 1676 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
APPROVED PRIVATE NON-PROFIT SCHOOLS FOR THE DEAF AND BLIND OR OTHER
STUDENTS WITH DISABILITIES AS LISTED IN SUBDIVISION ONE OF SECTION
FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW WHICH IS APPROVED BY THE
COMMISSIONER OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS PURSUANT
TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
S 79. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
APPROVED PRIVATE NON-PROFIT SCHOOLS FOR THE DEAF AND BLIND OR OTHER
STUDENTS WITH DISABILITIES AS LISTED IN SUBDIVISION ONE OF SECTION
FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW WHICH IS APPROVED BY THE
COMMISSIONER OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS PURSUANT
TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
S 80. Section 1680 of the public authorities law is amended by adding
a new subdivision 41 to read as follows:
S. 2808 58 A. 4008
41. A. THE DORMITORY AUTHORITY MAY ENTER INTO LEASES, SUBLEASES OR
OTHER AGREEMENTS WITH APPROVED PRIVATE NON-PROFIT SCHOOLS, AS DEFINED IN
THIS SUBDIVISION, FOR THE FINANCING OF AND THE DESIGN, CONSTRUCTION,
RECONSTRUCTION, REHABILITATION, IMPROVEMENT, RENOVATION, ACQUISITION OR
OTHERWISE PROVIDING FOR, FURNISHING OR EQUIPPING OF CAPITAL FACILITIES
WHICH ARE EDUCATIONAL FACILITIES WHERE THE TOTAL ESTIMATED COST OF SUCH
FACILITIES EXCEEDS TEN THOUSAND DOLLARS. THE PLANS AND SPECIFICATIONS OF
SUCH CAPITAL FACILITIES SHALL BE SUBJECT TO THE APPROVAL OF THE COMMIS-
SIONER OF EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES. SUCH CAPITAL
FACILITIES MAY BE CONSTRUCTED ONLY ON LAND OWNED BY SUCH PRIVATE
NOT-FOR-PROFIT SCHOOL OR, IF THE LAND IS LEASED, WHERE THE LEASE IS FOR
A PERIOD AT LEAST EQUAL TO THE APPROPRIATE PERIOD OF PROBABLE USEFULNESS
FOR SUCH FACILITIES AS LISTED IN SECTION 11.00 OF THE LOCAL FINANCE LAW,
OR THE LENGTH OF THE LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE DORMI-
TORY AUTHORITY, WHICHEVER IS LONGER.
B. FOR PURPOSES OF THIS SUBDIVISION, AN "APPROVED PRIVATE NON-PROFIT
SCHOOL" MEANS AN APPROVED PRIVATE SCHOOL FOR THE INSTRUCTION OF THE DEAF
AND BLIND AND OTHER STUDENTS WITH DISABILITIES LISTED IN SUBDIVISION ONE
OF SECTION FORTY-TWO HUNDRED ONE OF THE EDUCATION LAW WHICH IS APPROVED
BY THE COMMISSIONER OF EDUCATION TO PROVIDE SERVICES TO SUCH STUDENTS
PURSUANT TO ARTICLE EIGHTY-NINE OF THE EDUCATION LAW.
C. EACH SUCH PRIVATE NON-PROFIT SCHOOL SHALL, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, HAVE THE POWER TO CONVEY, LEASE, SUBLEASE OR
OTHERWISE MAKE AVAILABLE TO THE DORMITORY AUTHORITY WITHOUT CONSIDER-
ATION, TITLE OR ANY OTHER RIGHTS IN REAL PROPERTY SATISFACTORY TO THE
DORMITORY AUTHORITY.
D. IN ADDITION TO PROVIDING FOR ALL OTHER MATTERS DEEMED NECESSARY AND
PROPER, SUCH LEASES, SUBLEASES AND OTHER AGREEMENTS SHALL (1) REQUIRE
SUCH PRIVATE NON-PROFIT SCHOOL TO PAY TO THE DORMITORY AUTHORITY ANNUAL
RENTALS WHICH SHALL INCLUDE THE AMOUNT REQUIRED TO PAY THE PRINCIPAL OF
AND INTEREST ON OBLIGATIONS OF THE DORMITORY AUTHORITY ISSUED IN
RELATION TO PROVIDING SUCH FACILITIES AND ALL INCIDENTAL EXPENSES OF THE
DORMITORY AUTHORITY INCURRED IN RELATION THERETO, (2) REQUIRE THE
PRIVATE NON-PROFIT SCHOOL TO INCLUDE AN AMOUNT SUFFICIENT TO MEET ITS
OBLIGATIONS UNDER THE LEASE, SUBLEASE OR OTHER AGREEMENT IN EACH
PROPOSED BUDGET SUBMITTED DURING THE TERM OF THE LEASE, SUBLEASE OR
OTHER AGREEMENT, AND (3) NOT BE EXECUTED UNTIL SUCH CAPITAL FACILITIES
ARE APPROVED BY THE COMMISSIONER OF EDUCATION WITH RESPECT TO EDUCA-
TIONAL FACILITIES.
E. TITLE OR OTHER REAL PROPERTY RIGHTS TO THE CAPITAL FACILITIES
FINANCED PURSUANT TO THIS SECTION SHALL REMAIN WITH THE DORMITORY
AUTHORITY UNTIL THE DORMITORY AUTHORITY CERTIFIES TO THE COMMISSIONER OF
EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES AND THE COMPTROLLER THE
RECEIPT BY IT OF THE AMOUNT NECESSARY TO PAY THE TOTAL AGGREGATE AMOUNT
OF ANNUAL RENTALS TO THE DORMITORY AUTHORITY. AT SUCH TIME, TITLE OR
OTHER REAL PROPERTY RIGHTS THERETO SHALL BE TRANSFERRED BY THE DORMITORY
AUTHORITY TO SUCH PRIVATE NON-PROFIT SCHOOL FOR USE FOR EDUCATIONAL
PURPOSES. IN ORDER TO AVAIL ITSELF OF THE PROVISIONS OF THIS SECTION,
EACH SUCH PRIVATE NON-PROFIT SCHOOL MUST ALSO AGREE TO CONTINUE TO OPER-
ATE A PROGRAM FOR THE EDUCATION OF CHILDREN PURSUANT TO CONTRACT WITH
PUBLIC SCHOOL DISTRICTS OR SOCIAL SERVICES DISTRICTS, AND SUCH LEASE,
SUBLEASE OR OTHER AGREEMENT WITH THE DORMITORY AUTHORITY SHALL PROVIDE
THAT, IF THE PRIVATE NON-PROFIT SCHOOL SHALL CEASE TO OPERATE SUCH A
PROGRAM AT ANY TIME DURING THE TERM OF THE AGREEMENT, THE STATE WILL
HAVE THE OPTION TO TAKE SUCH TITLE OR OTHER REAL PROPERTY RIGHTS OF THE
DORMITORY AUTHORITY IN LAND, BUILDINGS, EQUIPMENT AND OTHER PROPERTIES
S. 2808 59 A. 4008
WHICH THE PRIVATE NON-PROFIT SCHOOL USES FOR ITS PROGRAM UPON, SUBJECT
TO APPROPRIATIONS, PAYMENT BY THE STATE TO THE DORMITORY AUTHORITY OF
THE AMOUNT REQUIRED TO PAY THE TOTAL AGGREGATE AMOUNT OF ANNUAL RENTALS
TO THE DORMITORY AUTHORITY.
F. ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR, THE DORMITORY AUTHOR-
ITY SHALL SUBMIT, AND THEREAFTER MAY RESUBMIT, TO THE DIRECTOR OF THE
BUDGET, THE STATE COMPTROLLER, THE CHAIRMAN OF THE SENATE FINANCE
COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE A
REPORT SETTING FORTH THE AMOUNTS, IF ANY, OF ALL ANNUAL RENTALS ESTI-
MATED TO BECOME DUE IN THE SUCCEEDING STATE FISCAL YEAR TO THE DORMITORY
AUTHORITY FROM THE PRIVATE NON-PROFIT SCHOOL PURSUANT TO ANY LEASES,
SUBLEASES OR OTHER AGREEMENTS BETWEEN THE DORMITORY AUTHORITY AND SUCH
PRIVATE NON-PROFIT SCHOOL TO PROVIDE EDUCATIONAL FACILITIES FOR SUCH
PRIVATE NON-PROFIT SCHOOL. THE STATE COMPTROLLER SHALL PAY OVER TO THE
DORMITORY AUTHORITY PURSUANT TO APPROPRIATIONS THEREFOR SOLELY FROM
MONEYS AVAILABLE IN THE PRIVATE NON-PROFIT SCHOOL CAPITAL FACILITIES
FINANCING RESERVE FUND THE AMOUNT SET FORTH IN SUCH REPORT AT THE TIMES
AND IN THE AMOUNTS SET FORTH IN THE CERTIFICATE FILED WITH THE COMP-
TROLLER BY THE DORMITORY AUTHORITY PURSUANT TO CLAUSE (IV) OF SUBPARA-
GRAPH TWO OF PARAGRAPH G OF THIS SUBDIVISION.
G. METHOD OF PAYMENT; RESERVE FUND. (1) EACH PRIVATE NON-PROFIT SCHOOL
WHICH ELECTS TO AVAIL ITSELF OF THE PROVISIONS OF THIS SECTION SHALL
HAVE ESTABLISHED WITH THE STATE COMPTROLLER A PRIVATE NON-PROFIT SCHOOL
CAPITAL FACILITIES FINANCING RESERVE ACCOUNT WHICH SHALL BE USED TO PAY
TO THE DORMITORY AUTHORITY THE ANNUAL RENTALS PAYABLE TO THE DORMITORY
AUTHORITY BY PRIVATE NON-PROFIT SCHOOLS WHICH HAVE ENTERED INTO LEASES,
SUBLEASES OR OTHER AGREEMENTS WITH THE DORMITORY AUTHORITY TO PROVIDE
EDUCATIONAL FACILITIES PURSUANT TO THE PROVISIONS OF THIS SECTION. THE
DORMITORY AUTHORITY SHALL IDENTIFY TO THE STATE COMPTROLLER AND TO THE
COMMISSIONER OF EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES, THE
PRIVATE NON-PROFIT SCHOOLS WITH WHICH IT HAS LEASES, SUBLEASES OR OTHER
AGREEMENTS PURSUANT TO THIS SECTION AND SHALL ANNUALLY CERTIFY THE
AMOUNT OF ANNUAL RENTALS REQUIRED TO BE PAID PURSUANT TO SUCH LEASES,
SUBLEASES OR OTHER AGREEMENTS.
(2) (I) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMP-
TROLLER A SPECIAL FUND TO BE KNOWN AS THE PRIVATE NON-PROFIT SCHOOL
CAPITAL FACILITIES FINANCING RESERVE FUND. WITHIN SUCH FUND, THERE IS
HEREBY ESTABLISHED A SPECIAL ACCOUNT FOR EACH PRIVATE NON-PROFIT SCHOOL
WHICH ENTERS INTO A LEASE, SUBLEASE OR OTHER AGREEMENT WITH THE DORMITO-
RY AUTHORITY PURSUANT TO THIS SECTION.
(II) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, SUCH FUND SHALL
CONSIST OF PART OF THE TUITION PAYMENTS FROM PUBLIC SCHOOL DISTRICTS AND
SOCIAL SERVICES DISTRICTS AS DETERMINED BY THE COMMISSIONER OF EDUCA-
TION. THE COMPTROLLER SHALL MAINTAIN SUFFICIENT AMOUNTS IN THE FUND IN
ORDER TO PAY WHEN DUE THE ANNUAL RENTALS DUE TO THE DORMITORY AUTHORITY
FROM EACH SUCH PRIVATE NON-PROFIT SCHOOL PURSUANT TO ANY LEASE, SUBLEASE
OR OTHER AGREEMENT ENTERED INTO PURSUANT TO THE PROVISIONS OF THIS
SECTION. THE DORMITORY AUTHORITY SHALL CERTIFY TO THE STATE COMPTROLLER
THE DATES AND AMOUNT OF SUCH ANNUAL PAYMENTS AS SCHEDULED IN ITS LEASES,
SUBLEASES OR OTHER AGREEMENTS WITH SUCH PRIVATE NON-PROFIT SCHOOLS. THE
COMMISSIONER OF EDUCATION WITH RESPECT TO EDUCATIONAL FACILITIES SHALL
CERTIFY THE AMOUNT OF PAYMENTS DUE THE FUND FROM PUBLIC SCHOOL DISTRICTS
AND SOCIAL SERVICES DISTRICTS, RESPECTIVELY AND SUCH PUBLIC SCHOOL
DISTRICTS AND SOCIAL SERVICES DISTRICTS SHALL MAKE SUCH PAYMENTS TO THE
FUND AT SUCH TIMES AS SHALL BE PRESCRIBED BY THE COMMISSIONER WITH
S. 2808 60 A. 4008
RESPECT TO EDUCATIONAL FACILITIES, SUBJECT TO THE APPROVAL OF THE DIREC-
TOR OF THE BUDGET, AND AFTER CONSULTATION WITH THE DORMITORY AUTHORITY.
(III) REVENUES IN ANY SPECIAL ACCOUNT IN THE PRIVATE NON-PROFIT SCHOOL
CAPITAL FACILITIES FINANCING RESERVE FUND MAY BE COMMINGLED WITH ANY
OTHER MONIES IN SUCH FUND. ALL DEPOSITS OF SUCH REVENUES WITH BANKS AND
TRUST COMPANIES SHALL BE SECURED BY OBLIGATIONS OF THE UNITED STATES OR
OF THE STATE OF NEW YORK OR ITS POLITICAL SUBDIVISIONS. SUCH OBLIGATIONS
SHALL HAVE A MARKET VALUE AT LEAST EQUAL AT ALL TIMES TO, BUT NOT LESS
THAN, ONE HUNDRED FIVE PERCENT OF THE AMOUNT OF SUCH DEPOSITS. ALL BANKS
AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH DEPOSITS.
ANY SUCH REVENUES IN SUCH FUND MAY, IN THE DISCRETION OF THE COMP-
TROLLER, BE INVESTED IN OBLIGATIONS OF THE UNITED STATES OR THE STATE OR
OBLIGATIONS THE PRINCIPAL OF AND INTEREST ON WHICH ARE GUARANTEED BY THE
UNITED STATES OR BY THE STATE. ANY INTEREST EARNED SHALL BE CREDITED TO
SUCH FUND.
(IV) UPON RECEIPT BY THE COMPTROLLER OF A CERTIFICATE OR CERTIFICATES
FROM THE DORMITORY AUTHORITY THAT IT REQUIRES A PAYMENT OR PAYMENTS FROM
THE APPROPRIATE SPECIAL ACCOUNT ESTABLISHED FOR A PRIVATE NON-PROFIT
SCHOOL IN ORDER FOR SUCH PRIVATE NON-PROFIT SCHOOL TO COMPLY WITH ANY
LEASE, SUBLEASE OR OTHER AGREEMENT PURSUANT TO THIS SECTION, EACH OF
WHICH CERTIFICATES SHALL SPECIFY THE REQUIRED PAYMENT OR PAYMENTS AND
THE DATE WHEN THE PAYMENT OR PAYMENTS IS REQUIRED, THE COMPTROLLER SHALL
PAY FROM SUCH SPECIAL ACCOUNT ON OR BEFORE THE SPECIFIED DATE OR WITHIN
THIRTY DAYS AFTER RECEIPT OF SUCH CERTIFICATE OR CERTIFICATES, WHICHEVER
IS LATER, TO THE PAYING AGENT DESIGNATED BY THE DORMITORY AUTHORITY IN
ANY SUCH CERTIFICATE, THE AMOUNT OR AMOUNTS SO CERTIFIED.
(V) ALL PAYMENTS OF MONEY FROM THE PRIVATE NON-PROFIT SCHOOL CAPITAL
FACILITIES FINANCING RESERVE FUND SHALL BE MADE ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER.
H. NOTWITHSTANDING THE PROVISIONS OF ANY CONTRACT PURSUANT TO ARTICLE
EIGHTY-ONE OR EIGHTY-NINE OF THE EDUCATION LAW BETWEEN A SOCIAL SERVICES
DISTRICT OR A PUBLIC SCHOOL DISTRICT AND A PRIVATE NON-PROFIT SCHOOL. IF
THE PRIVATE NON-PROFIT SCHOOL ENTERS INTO A LEASE, SUBLEASE OR OTHER
AGREEMENT WITH THE DORMITORY AUTHORITY PURSUANT TO THIS SECTION,
PAYMENTS DUE FROM THE PUBLIC SCHOOL DISTRICT OR SOCIAL SERVICES DISTRICT
SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER.
I. ALL STATE AND LOCAL OFFICIALS ARE AUTHORIZED AND REQUIRED TO TAKE
WHATEVER ACTIONS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS
SECTION AND THE PROVISIONS OF ANY LEASES, SUBLEASES OR OTHER AGREEMENTS
ENTERED INTO PURSUANT TO THIS SECTION, INCLUDING MAKING THE REQUIRED
PAYMENTS TO THE DORMITORY AUTHORITY.
J. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
DORMITORY AUTHORITY MAY EXECUTE LEASES, SUBLEASES, OR OTHER AGREEMENTS
WITH PRIVATE NON-PROFIT SCHOOLS FOR FINANCING OF THE DESIGN,
CONSTRUCTION, REHABILITATION, IMPROVEMENT, RENOVATION, ACQUISITION OR
PROVISION, FURNISHING OR EQUIPPING OF CAPITAL FACILITIES; PROVIDED,
HOWEVER, THAT COMMENCING JULY FIRST, TWO THOUSAND ELEVEN, THE AMOUNT OF
BONDS INCLUSIVE OF PRINCIPAL, INTEREST AND ISSUANCE COSTS TO BE ISSUED
FOR EACH INDIVIDUAL LEASE, SUBLEASE, OR OTHER AGREEMENT SHALL NOT EXCEED
SUCH LIMITS AS ESTABLISHED IN SECTION FOUR HUNDRED SEVEN-B OF THE EDUCA-
TION LAW; AND PROVIDED FURTHER THAT THE TOTAL AMOUNT OF SUCH BONDS FOR
ALL SUCH LEASES, SUBLEASES, OR AGREEMENTS WITH PRIVATE NON-PROFIT
SCHOOLS EXCLUSIVE OF BONDS FOR PROJECTS ALREADY APPROVED BY THE DIVISION
OF BUDGET AS OF SUCH DATE SHALL NOT EXCEED LIMITS AS ESTABLISHED IN SUCH
SECTION FOUR HUNDRED SEVEN-B.
S. 2808 61 A. 4008
K. ON OR BEFORE SEPTEMBER FIRST OF EACH YEAR, THE COMMISSIONER OF
EDUCATION SHALL SUBMIT TO THE CHAIRS OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE SENATE FINANCE COMMITTEE AND THE DIRECTOR OF THE BUDGET,
A CAPITAL PLAN FOR THOSE PROJECTS EXPECTED TO BE BONDED FOR PRIVATE
NON-PROFIT SCHOOLS PURSUANT TO THIS SECTION. AFTER APPLICATION OF THE
PRINCIPLES OF THE CAPITAL ASSETS PRESERVATION PROGRAM PURSUANT TO EDUCA-
TION LAW, SUCH PLAN SHALL ACCORD PRIORITY TO HEALTH AND SAFETY CONSIDER-
ATIONS AND SHALL SPECIFY THE NAME, LOCATION, ESTIMATED TOTAL COST OF THE
PROJECT AT THE TIME THE PROJECT IS TO BE BID, THE ANTICIPATED BID DATE
AND THE ANTICIPATED COMPLETION DATE AND MAY CONTAIN ANY FURTHER RECOM-
MENDATIONS THE COMMISSIONER MAY DEEM APPROPRIATE.
S 81. Section 6-p of the general municipal law is amended by adding a
new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE GOVERN-
ING BOARD OF A SCHOOL DISTRICT MAY, DURING THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN
AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
ING IN THE FUND AS DETERMINED BY THE COMPTROLLER PURSUANT TO SECTION
THIRTY-THREE OF THIS CHAPTER OR (B) THE AMOUNT OF THE SCHOOL DISTRICT'S
GAP ELIMINATION ADJUSTMENT AS CALCULATED BY THE COMMISSIONER OF EDUCA-
TION PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED NINE-A OF THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS
SUBDIVISION MAY ONLY BE USED FOR THE PURPOSE OF MAINTAINING EDUCATIONAL
PROGRAMMING DURING THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR WHICH OTHERWISE WOULD HAVE BEEN REDUCED AS A RESULT OF SUCH GAP
ELIMINATION ADJUSTMENT. GOVERNING BOARDS WHICH MAKE SUCH A WITHDRAWAL
SHALL SUBMIT, IN A FORM PRESCRIBED BY THE COMMISSIONER OF EDUCATION,
RELEVANT INFORMATION ABOUT THE WITHDRAWAL, WHICH SHALL INCLUDE BUT NOT
BE LIMITED TO, THE AMOUNT OF SUCH WITHDRAWAL, THE DATE OF WITHDRAWAL,
AND THE USE OF SUCH WITHDRAWN FUNDS.
S 82. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2010-11 and 2011-2012 school years, the commissioner of education
shall allocate school bus driver training grants to school districts and
boards of cooperative education services pursuant to sections 3650-a,
3650-b and 3650-c of the education law, or for contracts directly with
not-for-profit educational organizations for the purposes of this
section. Such payments shall not exceed four hundred thousand dollars
($400,000) per school year.
S 83. Support of public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2011 enacting
the local assistance budget shall be apportioned for the 2011--12 state
fiscal year in accordance with the provisions of sections 271, 272, 273,
282, 284, and 285 of the education law as amended by the provisions of
this chapter and the provisions of this section, provided that library
construction aid pursuant to section 273-a of the education law shall
not be payable from the appropriations for the support of public
libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2011--2012
by a chapter of the laws of 2011 enacting the local assistance budget
shall fulfill the state's obligation to provide such aid and, pursuant
S. 2808 62 A. 4008
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
S 84. Special apportionment for salary expenses. a. 1. Notwithstand-
ing any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June, 2011 and not later than the last day of the third full
business week of June, 2011, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this section, for the school
year ending June 30, 2011, for salary expenses incurred between April 1
and June 30, 2011.
2. Notwithstanding any other provision of law, upon application to the
commissioner of education, not sooner than the first day of the second
full business week of June, 2012 and not later than the last day of the
third full business week of June, 2012, a school district eligible for
an apportionment pursuant to section 3602 of the education law shall be
eligible to receive an apportionment pursuant to this section, for the
school year ending June 30, 2012, for salary expenses incurred between
April 1 and June 30, 2012.
3. Such apportionment shall not exceed the sum of (i) the deficit
reduction assessment of 1990-91 as determined by the commissioner of
education, pursuant to paragraph f of subdivision 1 of section 3602 of
the education law, as in effect through June 30, 1993, plus (ii) 186
percent of such amount for a city school district in a city with a popu-
lation in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, and provided further that such appor-
tionment shall not exceed such salary expenses. Such application shall
be made by a school district, after the board of education or trustees
have adopted a resolution to do so and in the case of a city school
district in a city with a population in excess of 125,000 inhabitants,
with the approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
S. 2808 63 A. 4008
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 85. Special apportionment for public pension accruals. a. 1.
Notwithstanding any other provision of law, upon application to the
commissioner of education, not later than June 30, 2011, a school
district eligible for an apportionment pursuant to section 3602 of the
education law shall be eligible to receive an apportionment pursuant to
this section, for the school year ending June 30, 2011.
2. Notwithstanding any other provision of law, upon application to the
commissioner of education, not later than June 30, 2012, a school
district eligible for an apportionment pursuant to section 3602 of the
education law shall be eligible to receive an apportionment pursuant to
this section, for the school year ending June 30, 2012.
3. Such apportionment shall not exceed the additional accruals
required to be made by school districts in the 2004-05 and 2005-06
school years associated with changes for such public pension liabil-
ities. The amount of such additional accrual shall be certified to the
commissioner of education by the president of the board of education or
the trustees or, in the case of a city school district in a city with a
population in excess of 125,000 inhabitants, the mayor of such city.
Such application shall be made by a school district, after the board of
education or trustees have adopted a resolution to do so and in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, with the approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
S. 2808 64 A. 4008
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 86. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
b. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from the general
fund/aid to localities, local assistance account-001, shall be for
payment of financial assistance, as scheduled, net of disallowances,
refunds, reimbursement and credits.
c. Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account office of prekindergarten through grade
twelve education program.
S 87. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2010-11 and 2011-12 school years, as a non-component
school district, services required by article 19 of the education law.
S 88. The amounts specified in this section shall be a setaside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the purpose of the development, maintenance or expansion of
magnet schools or magnet school programs for the two thousand eleven--
two thousand twelve school year. To the city school district of the city
of New York there shall be paid forty-eight million one hundred seven-
ty-five thousand dollars ($48,175,000) including five hundred thousand
dollars ($500,000) for the Andrew Jackson High School; to the Buffalo
city school district, twenty-one million twenty-five thousand dollars
($21,025,000); to the Rochester city school district, fifteen million
dollars ($15,000,000); to the Syracuse city school district, thirteen
million dollars ($13,000,000); to the Yonkers city school district,
forty-nine million five hundred thousand dollars, ($49,500,000); to the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); to the Poughkeepsie city school district, two
million four hundred seventy-five thousand dollars ($2,475,000); to the
Mount Vernon city school district, two million dollars ($2,000,000); to
the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); to the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); to the Port
Chester city school district, one million one hundred fifty thousand
S. 2808 65 A. 4008
dollars ($1,150,000); to the White Plains city school district, nine
hundred thousand dollars ($900,000); to the Niagara Falls city school
district, six hundred thousand dollars ($600,000); to the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); to the Utica city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the Middletown city school district,
four hundred thousand dollars ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh central school district, three hundred thousand dollars
($300,000); to the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the Peekskill city school district, two
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000).
b. notwithstanding the provisions of paragraph a of this subdivision,
a school district receiving a grant pursuant to this subdivision may use
such grant funds for: (i) any instructional or instructional support
costs associated with the operation of a magnet school; or (ii) any
instructional or instructional support costs associated with implementa-
tion of an alternative approach to reduction of racial isolation and/or
enhancement of the instructional program and raising of standards in
elementary and secondary schools of school districts having substantial
concentrations of minority students. The commissioner of education shall
not be authorized to withhold magnet grant funds from a school district
that used such funds in accordance with this paragraph, notwithstanding
any inconsistency with a request for proposals issued by such commis-
sioner.
c. for the purpose of attendance improvement and dropout prevention
for the two thousand eleven--two thousand twelve school year, for any
city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the year prior to the base year. For
the two thousand eleven--two thousand twelve school year, it is further
provided that any city school district in a city having a population of
more than one million shall allocate at least one-third of any increase
from base year levels in funds set aside pursuant to the requirements of
this subdivision to community-based organizations. Any increase required
pursuant to this subdivision to community-based organizations must be in
addition to allocations provided to community-based organizations in the
base year.
d. for the purpose of teacher support for the two thousand eleven--two
thousand twelve school year: to the city school district of the city of
New York, sixty-two million seven hundred seven thousand dollars
($62,707,000); to the Buffalo city school district, one million seven
hundred forty-one thousand dollars ($1,741,000); to the Rochester city
school district, one million seventy-six thousand dollars ($1,076,000);
to the Yonkers city school district, one million one hundred forty-seven
thousand dollars ($1,147,000); and to the Syracuse city school district,
eight hundred nine thousand dollars ($809,000). All funds made available
to a school district pursuant to this subdivision shall be distributed
among teachers including prekindergarten teachers and teachers of adult
vocational and academic subjects in accordance with this subdivision and
shall be in addition to salaries heretofore or hereafter negotiated or
made available; provided, however, that all funds distributed pursuant
to this section for the current year shall be deemed to incorporate all
funds distributed pursuant to former subdivision 27 of section 3602 of
S. 2808 66 A. 4008
the education law for prior years. In school districts where the teach-
ers are represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and procedures of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
S 89. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 90. This act shall take effect immediately; and shall be deemed to
have been in full force and effect on and after April 1, 2011, provided,
however, that:
1. section five of this act shall take effect immediately and shall be
deemed to have been in full force and effect on and after July 1, 2006;
2. section twenty-four of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after July
1, 2007;
3. sections seventy-two through seventy-five of this act shall take
effect immediately and shall be deemed to have been in full force and
effect on and after June 30, 2010;
4. sections two, three, twenty-five, twenty-six, thirty-seven, thir-
ty-nine, forty-four, forty-nine, fifty-eight, sixty-five, sixty-six,
eighty-two and eighty-seven of this act shall take effect immediately
and shall be deemed to have been in full force and effect on and after
July 1, 2010;
5. section twenty-eight of this act shall be deemed to have been in
full force and effect on and after February 1, 2011;
6. sections four, fifteen through seventeen, twenty-one, twenty-two,
twenty-seven, thirty-three, thirty-five, thirty-six, thirty-eight,
forty-two, forty-three, forty-six, fifty through fifty-seven, fifty-
nine, sixty, sixty-two, sixty-four, seventy-six through eighty and
eighty-eight of this act shall take effect July 1, 2011;
7. section sixty-seven of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after the
effective date of section 85 of part H of chapter 83 of the laws of
2002;
8. section sixty-eight of this act shall be deemed to have been in
full force and effect on and after the effective date of section 101 of
chapter 436 of the laws of 1997;
9. section sixty-nine of this act shall take effect immediately, and
shall be deemed to have been in full force and effect as of the effec-
tive date of section 140 of chapter 82 of the laws of 1995;
10. section seventy of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after Janu-
ary 1, 2011;
S. 2808 67 A. 4008
11. section eighty-six of this act shall take effect immediately, and
shall be deemed to have been in full force and effect on and after April
1, 2010 and shall be deemed repealed on March 31, 2012;
12. section eighty-seven of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after July
1, 2010;
13. the amendments to subdivision 21-a of section 1604 of the educa-
tion law made by section eight of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;
14. the amendments to subdivision 25 of section 1709 of the education
law made by section twelve of this act shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
15. the amendments to subdivision 1 of section 2856 of the education
law made by section twenty-one of this act shall be subject to the expi-
ration and reversion of such subdivision pursuant to subdivision d of
section 27 of chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section twenty-two of this act shall take
effect;
16. notwithstanding the provisions of article 5 of the general
construction law, the provisions of subdivision 6 of section 4402 of the
education law, as amended by section fifty-eight of this act, are hereby
revived and shall continue in full force and effect as such provisions
existed on July 1, 2010; provided that the amendments to such subdivi-
sion 6 shall not affect the repeal of such subdivision;
17. notwithstanding the provisions of article 5 of the general
construction law, the provisions of subdivision b of section 2, section
4 of 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, as amended by sections sixty-five and sixty-six of this
act are hereby revived and shall continue in full force and effect as
such provisions existed on June 30, 2010;
18. the amendments to section 7 of chapter 472 of the laws of 1998
amending the education law relating to school buses by school districts
made by section seventy-one of this act shall not affect the expiration
of such section and shall be deemed to expire therewith;
19. the amendments to section 12 of chapter 147 of the laws of 2001
amending the education law relating to conditional appointment of school
district, charter school or BOCES employees made by section seventy-two
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith;
20. notwithstanding the provisions of article 5 of the general
construction law, the provisions of section 4 of chapter 425 of the laws
of 2002 amending the education law relating to the provision of supple-
mental educational services, attendance at a safe public school and the
suspension of pupils who bring a firearm at a school, as amended by
section seventy-three of this act are hereby revived and shall continue
in full force and effect as such provisions existed on June 30, 2010;
21. notwithstanding the provisions of article 5 of the general
construction law, the provisions of section 5 of chapter 101 of the laws
of 2003 amending the education law relating to implementation of the No
Child Left Behind Act of 2001, as amended by section seventy-four of
this act are hereby revived and shall continue in full force and effect
as such provisions existed on June 30, 2010; and
22. notwithstanding the provisions of article 5 of the general
construction law, the provisions of section 4 of chapter 51 of the laws
of 2008 amending the education law relating to the universal pre-kinder-
S. 2808 68 A. 4008
garten program, as amended by section seventy-five of this act are here-
by revived and shall continue in full force and effect as such
provisions existed on June 30, 2010.
PART B
Section 1. Section 3641 of the education law is amended by adding a
new subdivision 5 to read as follows:
5. SCHOOL DISTRICT MANAGEMENT EFFICIENCY AWARDS PROGRAM. A. WITHIN
THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED
JOINTLY WITH THE SECRETARY OF STATE AND APPROVED BY THE DIRECTOR OF THE
BUDGET, THE COMMISSIONER SHALL AWARD COMPETITIVE GRANTS PURSUANT TO THIS
SUBDIVISION FOR ACHIEVING SCHOOL DISTRICT MANAGEMENT EFFICIENCIES.
(1) SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO: THE PROCESS BY
WHICH A REQUEST FOR PROPOSALS IS DEVELOPED; THE SCORING RUBRIC BY WHICH
SUCH PROPOSALS WILL BE EVALUATED; THE FORM AND MANNER BY WHICH APPLICA-
TIONS WILL BE SUBMITTED; THE MANNER BY WHICH CALCULATION OF THE AMOUNT
OF THE AWARD WAS DETERMINED, INCLUDING ESTABLISHING BENCHMARKS BASED ON
ACTUAL COST SAVINGS THAT MUST BE MET BEFORE ANY AWARDS ARE PAID; AND THE
TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS TO ENSURE THAT
GRANTS WILL BE FIRST AWARDED DURING THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE SCHOOL YEAR.
(2) THE COMMISSIONER SHALL BE AUTHORIZED, CONSISTENT WITH THE PLAN
REQUIRED BY THIS PARAGRAPH, TO PROMULGATE RULES AND REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THIS SUBDIVISION.
B. A RESPONSE TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS
SUBDIVISION MAY BE SUBMITTED BY A SCHOOL DISTRICT OR JOINTLY BY TWO OR
MORE SCHOOL DISTRICTS WHO HAVE DEMONSTRATED TO THE SATISFACTION OF THE
COMMISSIONER THAT:
(1) ONE OR MORE LONG TERM EFFICIENCIES IN SCHOOL DISTRICT MANAGEMENT,
OPERATIONS, PROCUREMENT PRACTICES OR OTHER COST SAVINGS MEASURES THAT
HAVE NOT AND WILL NOT RESULT IN AN INCREASE IN COST TO THE STATE OR
LOCALITY HAVE BEEN IMPLEMENTED;
(2) SUCH EFFICIENCIES HAVE RESULTED OR WILL RESULT IN A SIGNIFICANT
REDUCTION IN TOTAL OPERATING EXPENSES COMPARED TO THE PRIOR YEAR, IN THE
ADMINISTRATIVE COMPONENT, OR THE EQUIVALENT, OF THE SCHOOL DISTRICT
BUDGET, IN TRANSPORTATION OPERATING EXPENSES, IN TRANSPORTATION CAPITAL
EXPENSES, AND/OR IN OTHER NON-PERSONAL SERVICE COSTS INCLUDED IN THE
PROGRAM COMPONENT OF THE SCHOOL DISTRICT BUDGET, OR THE EQUIVALENT,
COMPARED TO THE PRIOR YEAR; AND
(3) SUCH EFFICIENCIES ARE EXPECTED TO RESULT IN SUBSTANTIAL AND
SUSTAINABLE COST SAVINGS IN FUTURE YEARS; AND
(4) IF TWO OR MORE SCHOOL DISTRICTS ARE APPLYING JOINTLY, AND HAVE
ENTERED A SHARED SERVICES AGREEMENT AS AUTHORIZED BY LAW, THAT SIGNIF-
ICANT SAVINGS WOULD RESULT FROM SUCH SHARED SERVICES; PROVIDED THAT IN
NO EVENT SHALL DISTRICTS THAT HAVE ENTERED INTO AN AIDABLE COOPERATIVE
EDUCATIONAL SERVICES AGREEMENT FOR ANY SUCH SERVICES WITH A BOARD OF
COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION NINETEEN HUNDRED
FIFTY OF THIS CHAPTER BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION. PROVIDED HOWEVER, A DISTRICT WHICH HAS RECEIVED AN AWARD PURSUANT
TO THE LOCAL GOVERNMENT EFFICIENCY GRANT PROGRAM AUTHORIZED BY SUBDIVI-
SION TEN OF SECTION FIFTY-FOUR OF THE STATE FINANCE LAW, SHALL NOT BE
ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO THIS SUBDIVISION FOR THE SAME
PURPOSE.
C. THE COMMISSIONER SHALL GRANT PRIORITY TO APPLICATIONS THAT HAVE
DEMONSTRATED THAT THE LONG TERM EFFICIENCIES THAT HAVE BEEN IMPLEMENTED:
S. 2808 69 A. 4008
(1) ARE INNOVATIVE IN THE MANNER THAT THE MANAGEMENT OR ORGANIZATIONAL
STRUCTURE MAY BE CHANGED TO GENERATE SIGNIFICANT SAVINGS WHILE MAINTAIN-
ING OR IMPROVING STUDENT ACHIEVEMENT; (2) HAVE THE PARTICIPATION OF THE
TEACHERS, PARENTS AND/OR OTHER STAKEHOLDERS IN THE SCHOOL DISTRICT; (3)
ARE MEASURES OR STRATEGIES THAT OTHER SCHOOL DISTRICTS CAN REPLICATE; OR
(4) HAVE THE GREATEST QUANTIFIABLE SAVINGS THAT WILL BE SUSTAINABLE.
D. A SCHOOL DISTRICT OR SCHOOL DISTRICTS SEEKING A GRANT SHALL SUBMIT
AN APPLICATION TO THE COMMISSIONER IN A FORM AND MANNER AND BY A DATE AS
PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER MAY CONSULT WITH ANY
OTHER STATE AGENCY ABOUT SUCH GRANTS AND EACH SUCH AGENCY SHALL COOPER-
ATE IN ASSISTING IN THE ANALYSIS OF GRANT APPLICATIONS.
E. THE AMOUNT OF THE GRANT AWARD, INCLUDING THE MAXIMUM GRANT AMOUNT
AVAILABLE TO ANY DISTRICT OR DISTRICTS, SHALL BE DETERMINED BY THE
COMMISSIONER, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO PARAGRAPH A
OF THIS SUBDIVISION PROVIDED THAT THE AMOUNT OF SUCH AWARDS SHALL BE,
BASED UPON THE SIZE OF THE DISTRICT OR SCHOOL DISTRICTS MEASURED BY
PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT OR DISTRICTS; PROVIDED FURTHER
THAT SUCH AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF DISTRICT NEED.
S 2. Section 3641 of the education law is amended by adding a new
subdivision 6 to read as follows:
6. SCHOOL DISTRICT PERFORMANCE IMPROVEMENT AWARDS GRANT. A. WITHIN
THE AMOUNTS APPROPRIATED FOR SUCH PURPOSE, THE COMMISSIONER SHALL AWARD
COMPETITIVE GRANTS TO ELIGIBLE SCHOOL DISTRICTS PURSUANT TO THIS SUBDI-
VISION THAT HAVE DEMONSTRATED THE MOST IMPROVED ACADEMIC ACHIEVEMENT
GAINS AND STUDENT OUTCOMES, AS WELL AS HAVING IMPLEMENTED STRATEGIES
THAT HAVE THE MOST POTENTIAL FOR CONTINUED IMPROVEMENTS IN STUDENT
PERFORMANCE.
B. THE COMMISSIONER SHALL:
(1) DEVELOP A COMPETITIVE REQUEST FOR PROPOSALS TO BE ISSUED ON OR
BEFORE OCTOBER FIRST, TWO THOUSAND ELEVEN AND SHALL ENSURE THAT GRANTS
WILL FIRST BE AWARDED PURSUANT TO THIS SUBDIVISION DURING THE TWO THOU-
SAND ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR.
(2) CREATE A PEER REVIEW PROCESS AND A SCORING RUBRIC TO BE USED IN
THE EVALUATION OF APPLICATIONS DURING SUCH PROCESS. SUCH SCORING RUBRIC
SHALL GIVE PRIORITY TO THOSE ELIGIBLE SCHOOL DISTRICTS THAT HAVE THE
MOST SIGNIFICANT MEASURABLE IMPROVEMENTS IN ACADEMIC ACHIEVEMENT AND
STUDENT OUTCOMES; AND HAVE (A) IMPLEMENTED RIGOROUS PROGRAMS TO IMPROVE
MIDDLE SCHOOL STUDENT PERFORMANCE; (B) NEWLY ESTABLISHED OR EXPANDED
PARTICIPATION IN COLLEGE LEVEL OR EARLY COLLEGE PROGRAMS; (C) SIGNIF-
ICANTLY INCREASED COLLEGE ADMISSION RATES; (D) EXEMPLARY CAREER AND
TECHNICAL EDUCATION PROGRAMS WITH A RECORD OF SUCCESSFUL STUDENT
OUTCOMES; OR (E) OTHER INNOVATIVE AND REPLICABLE STRATEGIES FOR STUDENT
ACHIEVEMENT.
(3) BE AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY FOR
THE IMPLEMENTATION OF THIS SUBDIVISION.
C. TO BE AN ELIGIBLE APPLICANT, A SCHOOL DISTRICT MUST:
(1) HAVE A RACE TO THE TOP FINAL SCOPE OF WORK THAT WAS APPROVED BY
THE COMMISSIONER BY FEBRUARY FIFTEENTH, TWO THOUSAND ELEVEN;
(2) HAVE DEMONSTRATED SATISFACTORY PROGRESS, AS DETERMINED BY THE
COMMISSIONER, TOWARDS IMPLEMENTATION OF ELEMENTS SUCH AS HIGH QUALITY
STUDENT ASSESSMENTS, USE OF DATA TO IMPROVE INSTRUCTION AND STUDENT
PERFORMANCE, PROVISION OF PROFESSIONAL DEVELOPMENT TO IMPROVE TEACHER
PERFORMANCE; AND
(3) BE AMONG THE SCHOOL DISTRICTS SHOWING THE GREATEST GAINS IN
STUDENT PERFORMANCE IN ITS CATEGORY OF DISTRICT IN THE PRIOR SCHOOL YEAR
AS REFLECTED BY INCREASES IN STUDENT OUTCOME, AS WELL AS OTHER MEASURES
S. 2808 70 A. 4008
FOR CLOSING THE ACHIEVEMENT GAP, IMPROVING HIGH SCHOOL PERFORMANCE AND
GRADUATION RATES, AND INCREASING COLLEGE ATTENDANCE AND RETENTION RATES
AS COMPARED TO STUDENT PERFORMANCE IN THOSE AREAS IN THE APPLICABLE
BASELINE YEAR.
D. FOR PURPOSES OF THIS SUBDIVISION:
(1) "CATEGORY OF DISTRICT" MEANS:
(A) A HIGH-NEED LARGE CITY CATEGORY CONSISTING OF CITY SCHOOL
DISTRICTS HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHAB-
ITANTS OR MORE, PROVIDED THAT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK THE CHANCELLOR SHALL HAVE THE OPTION OF APPLYING ON
BEHALF OF ONE OR MORE COMMUNITY SCHOOL DISTRICTS AND/OR DISTRICT SEVEN-
TY-FIVE IN LIEU OF APPLYING ON A CITYWIDE BASIS;
(B) A HIGH-NEED URBAN-SUBURBAN CATEGORY AS DEFINED BY THE COMMISSIONER
BASED UPON THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL
DISTRICTS;
(C) A HIGH-NEED RURAL CATEGORY AS DEFINED BY THE COMMISSIONER BASED
UPON THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL
DISTRICTS;
(D) AN AVERAGE NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON
THE NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL DISTRICTS;
AND
(E) A LOW NEED CATEGORY AS DEFINED BY THE COMMISSIONER BASED UPON THE
NEED/RESOURCE CAPACITY INDEX APPLICABLE TO SUCH SCHOOL DISTRICTS.
(2) THE COMMISSIONER SHALL ESTABLISH A METHODOLOGY FOR DETERMINING
WHICH DISTRICTS IN EACH CATEGORY OF DISTRICT THAT HAVE APPLIED FOR A
PERFORMANCE IMPROVEMENT GRANT HAVE SHOWN THE GREATEST ACHIEVEMENT GAINS.
PROVIDED, HOWEVER, THAT WHERE A SCHOOL DISTRICT DOES NOT HAVE THE MINI-
MUM NUMBER OF STUDENTS SPECIFIED BY THE COMMISSIONER FOR ACCOUNTABILITY
PURPOSES (MINIMUM "N" SIZE) IN ONE OR MORE OF THE FIVE SUBGROUPS, SUCH
DISTRICT SHALL NOT BE DISQUALIFIED FROM RECEIVING A GRANT, BUT A PREFER-
ENCE SHALL BE GIVEN TO DISTRICTS WITHIN EACH CATEGORY OF DISTRICT WITH
THE HIGHEST NUMBER OF SUBGROUPS MEETING SUCH MINIMUM "N" SIZE.
E. THE COMMISSIONER SHALL GRANT AWARDS TO THE SCHOOL DISTRICTS, AS
RECOMMENDED BY THE PEER REVIEW PANEL, AMONG THE VARIOUS CATEGORIES OF
DISTRICTS AND DETERMINE THE AMOUNT OF THE GRANT AWARD FOR EACH ELIGIBLE
SCHOOL DISTRICT BASED UPON THE PUBLIC SCHOOL ENROLLMENT OF THE DISTRICT;
PROVIDED FURTHER THAT SUCH AMOUNT MAY BE ADJUSTED BASED UPON MEASURES OF
DISTRICT NEED.
F. ANY SCHOOL DISTRICT RECEIVING AN AWARD SHALL EXPEND GRANT FUNDS IN
ACCORDANCE WITH A HIGH-QUALITY PLAN SUBMITTED WITH ITS APPLICATION IN
RESPONSE TO THE REQUEST FOR PROPOSALS. SUCH PLAN MUST SPECIFY HOW SUCH
FUNDS WILL BE USED TO ENHANCE THE ACTIVITIES AND STRATEGIES THAT HAVE
BEEN OR WILL BE IMPLEMENTED THAT HAVE BEEN DEMONSTRATED TO BE EFFECTIVE
IN, OR SHOW THE MOST PROMISE FOR, INCREASING STUDENT PERFORMANCE.
S 3. This act shall take effect immediately.
PART C
Section 1. Article 9 of the arts and cultural affairs law is REPEALED.
S 2. Section 97-u of the state finance law is REPEALED.
S 3. Notwithstanding any inconsistent provision of law, all rights and
property previously held by the entity formerly referred to as the New
York state theatre institute corporation, as established in chapter 824
of the laws of 1992, and as repealed in this act, shall pass to and be
vested within the office of general services.
S 4. This act shall take effect immediately.
S. 2808 71 A. 4008
PART D
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2011-2012
state fiscal year. Each component is wholly contained within a Subpart
identified as Subparts A through D. The effective date for each partic-
ular provision contained within such Subparts is set forth in the last
section of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, which makes a
reference to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section three of
this act sets forth the general effective date of this act.
SUBPART A
Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is amended to
read as follows:
a. (1) To take, hold and administer on behalf of the state university
or any institution therein, real and personal property or any interest
therein and the income thereof either absolutely or in trust for any
educational or other purpose within the jurisdiction and corporate
purposes of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the acceptance
of gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution ther-
ein. THE TRUSTEES MAY ACQUIRE PROPERTY BY THE ACCEPTANCE OF CONDITIONAL
GIFTS, GRANTS, DEVISES OR BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF
THE STATE FINANCE LAW NOTWITHSTANDING. Where real property is to be
acquired by purchase or appropriation, such acquisition shall be in
accordance with the provisions of section three hundred seven of this
chapter except that the powers and duties in said section mentioned to
be performed by the commissioner [of education] shall be performed by
the state university trustees.
(2) THE PROVISIONS OF SECTIONS THREE, THIRTY-A, AND THIRTY-THREE OF
THE PUBLIC LANDS LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE
LEASE, TRANSFER OR CONVEYANCE, OTHER THAN CONVEYANCE OF TITLE, OF
STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE UNIVERSI-
TY, UPON APPROVAL OF THE STATE UNIVERSITY ASSET MAXIMIZATION REVIEW
BOARD CREATED PURSUANT TO SECTION THREE HUNDRED SIXTY-ONE OF THIS ARTI-
CLE. THE FOREGOING NOTWITHSTANDING, THE TRUSTEES, UPON APPROVAL OF THE
STATE UNIVERSITY ASSET MAXIMIZATION REVIEW BOARD, MAY PROVIDE FOR THE
LEASE OF SUCH REAL PROPERTY FOR PERIODS NOT TO EXCEED FIFTY YEARS IN
SUPPORT OF THE EDUCATIONAL AND OTHER CORPORATE PURPOSES OF THE STATE
UNIVERSITY, UNLESS THE SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION
OF THE CAMPUS TO WHICH IT RELATES, INCLUDING BUT NOT LIMITED TO, THE
DEVELOPMENT AND OPERATION OF RESEARCH, INCUBATOR, COMMUNITY, HEALTH
CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUS-
ING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY, HOTEL, CONFERENCE CENTER
AND RECREATIONAL FACILITIES, AND FOR THE PURPOSE OF MAXIMIZING THE USE
OF NATURAL RESOURCES; PROVIDED, HOWEVER, THAT WITH REGARD TO ANY SUCH
LEASE, TRANSFER OR CONVEYANCE:
(I) SUCH LEASE OR AGREEMENT SHALL BE DEEMED A STATE CONTRACT FOR
PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, AND THE ENTITY
S. 2808 72 A. 4008
ENTERING INTO SUCH CONTRACT SHALL BE DEEMED A STATE AGENCY FOR PURPOSES
OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
(II) ALL WORK PERFORMED ON A PROJECT WHERE ALL OR ANY PORTION THEREOF
INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR
IMPROVEMENT SHALL BE DEEMED A PUBLIC WORK AND SHALL BE SUBJECT TO AND
PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF THE
LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A CONTRACT OF THE
STATE, AND COMPLIANCE WITH ALL THE PROVISIONS OF ARTICLE EIGHT OF THE
LABOR LAW SHALL BE REQUIRED OF ANY LESSEE, SUBLESSEE, CONTRACTOR OR
SUBCONTRACTOR ON THE PROJECT.
(III) THE LESSEE OR SUBLESSEE SHALL INDEMNIFY AND DEFEND THE STATE
UNIVERSITY OF NEW YORK AGAINST ALL CLAIMS, SUITS, ACTIONS AND LIABILITY
TO ALL PERSONS ARISING OUT OF THE LESSEE OR SUBLESSEE'S USE OR OCCUPANCY
OF THE DEMISED PREMISES.
(IV) NOTHING IN THE LEASE OR AGREEMENT SHALL BE DEEMED TO WAIVE OR
IMPAIR ANY RIGHTS OR BENEFITS OF EMPLOYEES OF THE STATE UNIVERSITY OF
NEW YORK THAT OTHERWISE WOULD BE AVAILABLE TO THEM PURSUANT TO THE TERMS
OF COLLECTIVE BARGAINING AGREEMENTS. ALL WORK PERFORMED ON THE DEMISED
PREMISES THAT ORDINARILY WOULD BE PERFORMED BY EMPLOYEES SUBJECT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SHALL CONTINUE TO BE PERFORMED
BY SUCH EMPLOYEES.
(V) UPON THE EXPIRATION OF THE LEASE OR AGREEMENT, THE DEMISED PREM-
ISES SHALL REVERT TO THE STATE UNIVERSITY OF NEW YORK.
(VI) IN THE EVENT THE DEMISED PREMISES SHALL CEASE TO BE USED FOR THE
PURPOSES DESCRIBED IN THE LEASE OR AGREEMENT, THE LEASE OR AGREEMENT
SHALL IMMEDIATELY TERMINATE, AND THE DEMISED PREMISES SHALL REVERT TO
THE STATE UNIVERSITY OF NEW YORK.
(VII) ANY CONTRACTS AWARDED OR ENTERED INTO BY A CAMPUS RELATED FOUN-
DATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT
CORPORATION OR ASSOCIATION ORGANIZED BY A STATE-OPERATED INSTITUTION TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE FOREGOING ENTITIES, FOR CONSTRUCTION, RECONSTRUCTION,
RENOVATION, REHABILITATION, IMPROVEMENT OR EXPANSION AT THE STATE-OPER-
ATED INSTITUTION, FOR ANY SINGLE CONSTRUCTION PROJECT EXCEEDING TEN
MILLION DOLLARS IN THE AGGREGATE, FOR WHICH MORE THAN TWENTY-FIVE
PERCENT OF SUCH AGGREGATE AMOUNT IS TO BE PAID FROM APPROPRIATIONS
FURNISHED BY EITHER THE STATE OF NEW YORK OR THE STATE UNIVERSITY, SUCH
CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT OR
EXPANSION AT THE STATE-OPERATED INSTITUTION SHALL BE UNDERTAKEN PURSUANT
TO A PROJECT LABOR AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF SECTION
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, PROVIDED A STUDY DONE BY OR FOR
THE CONTRACTING ENTITY DETERMINES THAT A PROJECT LABOR AGREEMENT WILL
BENEFIT SUCH CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION,
IMPROVEMENT OR EXPANSION THROUGH REDUCED RISK OF DELAY, POTENTIAL COST
SAVINGS OR POTENTIAL REDUCTION IN THE RISK OF LABOR UNREST IN LIGHT OF
ANY PERTINENT LOCAL HISTORY THEREOF. FOR PURPOSES OF APPLYING THE DOLLAR
THRESHOLDS SET FORTH IN THIS CLAUSE, THE TERM "SINGLE CONSTRUCTION
PROJECT" SHALL MEAN ANY CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHA-
BILITATION, IMPROVEMENT OR EXPANSION ACTIVITY ASSOCIATED WITH ONE OR
MORE BUILDINGS, STRUCTURES OR IMPROVEMENTS, INCLUDING ALL DIRECTLY
RELATED INFRASTRUCTURE AND SITE WORK IN CONTEMPLATION THEREOF, THAT ARE
FUNCTIONALLY INTERDEPENDENT.
(3) THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE
FINANCE LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE SALE,
LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY UNDER THE CUSTODY AND
S. 2808 73 A. 4008
CONTROL OF THE STATE UNIVERSITY IN SUCH MANNER AND UPON SUCH TERMS AS
THE TRUSTEES SHALL DETERMINE. THE PROVISIONS OF SECTION TWENTY-THREE OF
THE PUBLIC LANDS LAW AND SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE
FINANCE LAW NOTWITHSTANDING, THE PROCEEDS FROM THE SALE, LEASE, TRANSFER
OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
STATE UNIVERSITY OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND CONTROL
OF THE STATE UNIVERSITY SHALL BE RETAINED BY THE STATE UNIVERSITY.
S 2. The education law is amended by adding a new section 361 to read
as follows:
S 361. STATE UNIVERSITY ASSET MAXIMIZATION REVIEW BOARD; CREATION;
PROCEDURE. 1. CREATION. (A) THE STATE UNIVERSITY ASSET MAXIMIZATION
REVIEW BOARD ("THE BOARD") IS HEREBY CREATED TO HAVE AND EXERCISE THE
POWERS, DUTIES AND PREROGATIVES PROVIDED BY THE PROVISIONS OF THIS
SECTION AND ANY OTHER PROVISION OF LAW.
(B) THE VOTING MEMBERSHIP OF THE BOARD SHALL CONSIST OF THREE PERSONS
APPOINTED BY THE GOVERNOR, OF WHICH ONE SHALL BE UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE RECOMMENDATION
OF THE SPEAKER OF THE ASSEMBLY. UPON RECOMMENDATION OF THE NOMINATING
PARTY, THE GOVERNOR SHALL REPLACE ANY MEMBER IN ACCORDANCE WITH THE
PROVISION CONTAINED IN THIS SUBDIVISION FOR THE APPOINTMENT OF MEMBERS.
THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS TO SERVE AS CHAIRPERSON.
THE BOARD SHALL ACT BY UNANIMOUS VOTE OF THE MEMBERS OF THE BOARD;
PROVIDED, HOWEVER THAT WITHIN FORTY-FIVE DAYS OF RECEIPT OF AN APPLICA-
TION SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,
THE DESIGNATED BOARD CHAIRPERSON SHALL CONVENE A MEETING OF THE BOARD,
CONSISTING OF ALL VOTING AND NON-VOTING MEMBERS OF THE BOARD PURSUANT TO
THIS PARAGRAPH AND PARAGRAPHS (C), (D) AND (E) OF THIS SUBDIVISION
PROVIDED, HOWEVER THAT ALL VOTING MEMBERS OR THEIR DESIGNEE MUST PARTIC-
IPATE TO APPROVE OR DENY AN APPLICATION. ANY DETERMINATION OF THE BOARD
SHALL BE EVIDENCED BY A CERTIFICATION THEREOF EXECUTED BY ALL THE
MEMBERS. EACH MEMBER OF THE BOARD SHALL BE ENTITLED TO DESIGNATE A
REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD ON THE DESIGNATING
MEMBER'S BEHALF, AND TO VOTE OR OTHERWISE ACT ON THE DESIGNATING
MEMBER'S BEHALF IN THE DESIGNATING MEMBER'S ABSENCE. NOTICE OF SUCH
DESIGNATION SHALL BE FURNISHED IN WRITING TO THE BOARD BY THE DESIGNAT-
ING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE PLEASURE OF THE DESIG-
NATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A REPRESENTATIVE SHALL
NOT BE AUTHORIZED TO DELEGATE ANY OF HIS OR HER DUTIES OR FUNCTIONS TO
ANY OTHER PERSON.
(C) THE GOVERNOR SHALL ALSO APPOINT TWO NON-VOTING MEMBERS TO THE
BOARD OF WHICH ONE SHALL BE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE AND ONE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE ASSEMBLY. EACH NON-VOTING MEMBER SHALL BE ENTITLED TO
DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER
PLACE.
(D) TWO EX-OFFICIO NON-VOTING MEMBERS OF THE BOARD SHALL BE THE STATE
COMPTROLLER AND THE STATE ATTORNEY GENERAL. EACH EX-OFFICIO MEMBER SHALL
BE ENTITLED TO DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE
BOARD IN HIS OR HER PLACE.
(E) TWO EX-OFFICIO NON-VOTING MEMBERS OF THE BOARD SHALL BE THE PRESI-
DENT OF THE AFL-CIO AND THE DIRECTOR OF THE DIVISION OF MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES OF THE EMPIRE STATE DEVELOPMENT CORPO-
RATION. EACH EX-OFFICIO MEMBER SHALL BE ENTITLED TO DESIGNATE A REPRE-
SENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER PLACE.
(F) EVERY OFFICER, EMPLOYEE, OR MEMBER OF A GOVERNING BOARD OR OTHER
BOARD OF ANY COLLEGE OR GROUP OR ASSOCIATION OF COLLEGES, AND EVERY NEW
S. 2808 74 A. 4008
YORK STATE REGENT, EVERY OFFICER OR EMPLOYEE OF THE BOARD OF REGENTS OR
THE DEPARTMENT AND EVERY TRUSTEE, OFFICER OR EMPLOYEE OF THE STATE
UNIVERSITY OF NEW YORK SHALL BE INELIGIBLE FOR APPOINTMENT AS A MEMBER,
REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE BOARD.
(G) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT SALARY OR PER DIEM
ALLOWANCE BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSUANT TO
THIS SECTION OR OTHER PROVISION OF LAW, PROVIDED HOWEVER THAT SUCH
MEMBERS AND REPRESENTATIVES ARE NOT, AT THE TIME SUCH EXPENSES ARE
INCURRED, PUBLIC OFFICERS OR EMPLOYEES OTHERWISE ENTITLED TO SUCH
REIMBURSEMENT.
(H) THE MEMBERS, THEIR REPRESENTATIVES, OFFICERS AND STAFF TO THE
BOARD SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING OF SECTION SEVENTEEN
OF THE PUBLIC OFFICERS LAW.
2. POWERS, FUNCTIONS AND DUTIES OF THE STATE UNIVERSITY ASSET MAXIMI-
ZATION REVIEW BOARD; LIMITATIONS. PURSUANT TO THIS CHAPTER, THE BOARD
SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY TO APPROVE OR DENY: (A)
REQUESTS RECEIVED FROM THE TRUSTEES OF THE STATE UNIVERSITY FOR THE
LEASE, TRANSFER OR CONVEYANCE, OTHER THAN THE CONVEYANCE OF TITLE, OF
STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE
UNIVERSITY, AND (B) REQUESTS FROM THE TRUSTEES OF THE STATE UNIVERSITY
TO PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS WITH PUBLIC,
NOT-FOR-PROFIT AND BUSINESS ENTITIES AS PARTNERS, JOINT VENTURERS,
MEMBERS OF NOT-FOR-PROFIT CORPORATIONS, MEMBERS OF LIMITED LIABILITY
COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS, AS AUTHORIZED BY
PARAGRAPH Z OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
THIS ARTICLE.
3. (A) THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL SUBMIT,
IN WRITING, AN APPLICATION TO ALL VOTING AND NON-VOTING MEMBERS OF THE
BOARD FOR THE LEASE, TRANSFER, CONVEYANCE, OTHER THAN THE CONVEYANCE OF
TITLE, OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE
UNIVERSITY. THE APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
NAME OR NAMES OF THE PROSPECTIVE ENTITY FOR WHICH A LEASE OR AGREEMENT
SHALL BE ENTERED, THE GEOGRAPHICAL LOCATION AND PARCEL OF REAL PROPERTY
THAT WOULD BE UTILIZED, THE PERIOD OF TIME FOR WHICH THE LEASE, TRANSFER
OR CONVEYANCE IS TO BE EXECUTED AND ANY CONSIDERATION WHICH IS TO BE
GRANTED TO THE STATE UNIVERSITY FOR THE LEASE, TRANSFER OR CONVEYANCE OF
SUCH REAL PROPERTY. WHERE A LEASE AGREEMENT FOR STUDENT AND/OR FACULTY
HOUSING IS SUBMITTED TO THE BOARD FOR APPROVAL, IF APPLICABLE, THE BOARD
MAY TAKE INTO CONSIDERATION WHETHER THE AGREEMENT WOULD IMPACT OCCUPANCY
IN DORMITORIES FINANCED PURSUANT TO AGREEMENTS BETWEEN THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK OR
THE STATE UNIVERSITY CONSTRUCTION FUND. THE TRUSTEES SHALL ALSO FURNISH
ANY OTHER INFORMATION THAT THE BOARD DEEMS NECESSARY WITHIN FIFTEEN DAYS
OF THE REQUEST.
(B) UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE DAYS TO EVALUATE SUCH APPLICATION AND
RECORD A VOTE OF APPROVE OR DENY FOR EACH VOTING MEMBER OF THE BOARD.
(C) WITHIN THREE DAYS OF RECEIPT OF AN APPLICATION BY THE BOARD, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE AN INITIAL MEETING TO TAKE PLACE
WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND
WITHIN TWENTY-ONE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE
OF RECORDING A VOTE TO APPROVE, DENY, OR TABLE THE APPLICATION. IF ANY
VOTE IS MADE TO DENY THE APPLICATION, THE APPLICATION IS DENIED UNLESS
THERE IS A VOTE TO TABLE THE APPLICATION. IF AT THE INITIAL MEETING,
ANY VOTING MEMBER OR THEIR DESIGNEE DOES NOT PARTICIPATE TO RECORD A
S. 2808 75 A. 4008
VOTE, OR IF THERE IS A VOTE TO TABLE THE APPLICATION, THEN WITHIN THREE
DAYS OF THE INITIAL MEETING, THE CHAIRPERSON OF THE BOARD SHALL CONVENE
A SUBSEQUENT MEETING WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL
MEMBERS OF THE BOARD, AND WITHIN THIRTY-FIVE DAYS OF THE RECEIPT OF THE
APPLICATION FOR THE PURPOSE OF RECORDING A VOTE TO APPROVE, DENY, OR
TABLE THE APPLICATION. IF ANY VOTE IS MADE TO DENY THE APPLICATION, THE
APPLICATION IS DENIED UNLESS THERE IS A VOTE TO TABLE THE APPLICATION.
IF AT THE SUBSEQUENT MEETING, ANY VOTING MEMBER OR THEIR DESIGNEE DOES
NOT PARTICIPATE TO RECORD A VOTE, OR IF THERE IS A VOTE TO TABLE THE
APPLICATION, THEN WITHIN THREE DAYS OF THE SUBSEQUENT MEETING, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE A FINAL MEETING WITH AT LEAST
SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND WITHIN
FORTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE OF
RECORDING A VOTE TO APPROVE OR DENY THE APPLICATION. IF ANY VOTE IS MADE
TO DENY THE APPLICATION, THE APPLICATION IS DENIED. IF ANY VOTING MEMBER
OR THEIR DESIGNEE DOES NOT PARTICIPATE IN THE FINAL MEETING, OR IF ANY
VOTING MEMBER DOES NOT CAST A VOTE TO APPROVE OR DENY THE APPLICATION,
THEN THE VOTE OF SUCH MEMBER SHALL BE RECORDED AS A VOTE TO APPROVE THE
APPLICATION.
(D) IN THE EVENT THAT THE CHAIRPERSON OF THE BOARD DOES NOT CONVENE A
MEETING REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, EITHER
OF THE OTHER VOTING MEMBERS OF THE BOARD SHALL HAVE THE AUTHORITY TO
CONVENE SUCH MEETING WITHIN THE SAME PARAMETERS AND WITH THE SAME CRITE-
RIA REQUIRED BY SUCH PARAGRAPH, EXCEPT THAT ANY SUCH MEETING SHALL BE
CONVENED WITHIN TWO DAYS OF THE EXPIRATION OF THE THREE DAY TIME ALLOT-
MENT PROVIDED TO THE CHAIRPERSON. IN ADDITION, NOTHING IN THIS SECTION
SHALL PREVENT THE CHAIRPERSON FROM CONVENING ADDITIONAL MEETINGS NOT
SPECIFICALLY REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
PROVIDED THAT ANY SUCH MEETING SHALL ALLOW AT LEAST SEVEN DAYS ADVANCE
NOTICE TO ALL MEMBERS OF THE BOARD.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ANY
ADVANCE NOTICE REQUIREMENTS MAY BE WAIVED UPON THE CONSENT OF ALL VOTING
MEMBERS OF THE BOARD.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF ANY
VOTING MEMBER CASTS A VOTE TO TABLE THE APPLICATION, NO OTHER VOTES
SHALL BE RECORDED UNTIL A SUBSEQUENT MEETING IS CONVENED. PROVIDED,
HOWEVER, THAT A VOTE TO TABLE THE APPLICATION SHALL NOT BE ALLOWABLE
AFTER THIRTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION.
(G) ALL MEETINGS CONVENED BY THE BOARD SHALL BE SUBJECT TO THE OPEN
MEETINGS LAW, AND ANY VOTES RECORDED BY ANY VOTING MEMBER OF THE BOARD
SHALL BE MADE PUBLIC.
(H) UPON APPROVAL OF AN APPLICATION, THE TRUSTEES SHALL SUBMIT TO THE
BOARD PROOF OF COMPLIANCE WITH ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND UPON NON-COMPLIANCE, SHALL PROVIDE GOOD CAUSE SHOWN FOR SUCH
NON-COMPLIANCE. UPON REVIEW OF SUCH INFORMATION, THE BOARD SHALL REPORT
ITS FINDINGS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE HIGHER EDUCA-
TION COMMITTEES IN BOTH HOUSES.
4. (A) THE TRUSTEES OF THE STATE UNIVERSITY SHALL SUBMIT, IN WRITING,
AN APPLICATION TO ALL VOTING AND NON-VOTING MEMBERS OF THE BOARD TO
PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS WITH PUBLIC, NOT-FOR-
PROFIT AND BUSINESS ENTITIES AS PARTNERS, JOINT VENTURERS, MEMBERS OF
NOT-FOR-PROFIT CORPORATIONS, MEMBERS OF LIMITED LIABILITY COMPANIES AND
SHAREHOLDERS OF BUSINESS CORPORATIONS, AS AUTHORIZED BY PARAGRAPH Z OF
SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE. THE
S. 2808 76 A. 4008
APPLICATION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NAME OF THE ENTITY
WITH WHICH THE STATE UNIVERSITY SEEKS TO PARTICIPATE, THE TYPE OF LEGAL
ENTITY TO BE CREATED, AND THE TRANSACTION THAT THE STATE UNIVERSITY AND
THE OTHER PARTICIPANT SEEK TO UNDERTAKE. THE TRUSTEES SHALL ALSO FURNISH
INFORMATION RELATED TO THEIR PLANS TO ADVERTISE PROSPECTIVE PROJECTS IN
THE PROCUREMENT OPPORTUNITIES NEWSLETTER AND IN LOCAL NEWSPAPERS AND
TAKE ANY OTHER STEPS TO MAXIMIZE THE OPPORTUNITY FOR LOCAL BUSINESS
PARTICIPATION AND THE BOARD MAY REQUEST ANY OTHER INFORMATION THAT THE
BOARD DEEMS NECESSARY WITHIN FIFTEEN DAYS OF THE REQUEST.
(B) UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE DAYS TO EVALUATE SUCH APPLICATION AND
RECORD A VOTE OF APPROVE OR DENY FOR EACH VOTING MEMBER OF THE BOARD.
(C) WITHIN THREE DAYS OF RECEIPT OF AN APPLICATION BY THE BOARD, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE AN INITIAL MEETING TO TAKE PLACE
WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND
WITHIN TWENTY-ONE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE
OF RECORDING A VOTE TO APPROVE, DENY, OR TABLE THE APPLICATION. IF ANY
VOTE IS MADE TO DENY THE APPLICATION, THE APPLICATION IS DENIED UNLESS
THERE IS A VOTE TO TABLE THE APPLICATION. IF AT THE INITIAL MEETING,
ANY VOTING MEMBER OR THEIR DESIGNEE DOES NOT PARTICIPATE TO RECORD A
VOTE, OR IF THERE IS A VOTE TO TABLE THE APPLICATION, THEN WITHIN THREE
DAYS OF THE INITIAL MEETING, THE CHAIRPERSON OF THE BOARD SHALL CONVENE
A SUBSEQUENT MEETING WITH AT LEAST SEVEN DAYS ADVANCE NOTICE TO ALL
MEMBERS OF THE BOARD, AND WITHIN THIRTY-FIVE DAYS OF THE RECEIPT OF THE
APPLICATION FOR THE PURPOSE OF RECORDING A VOTE TO APPROVE, DENY, OR
TABLE THE APPLICATION. IF ANY VOTE IS MADE TO DENY THE APPLICATION, THE
APPLICATION IS DENIED UNLESS THERE IS A VOTE TO TABLE THE APPLICATION.
IF AT THE SUBSEQUENT MEETING, ANY VOTING MEMBER OR THEIR DESIGNEE DOES
NOT PARTICIPATE TO RECORD A VOTE, OR IF THERE IS A VOTE TO TABLE THE
APPLICATION, THEN WITHIN THREE DAYS OF THE SUBSEQUENT MEETING, THE
CHAIRPERSON OF THE BOARD SHALL CONVENE A FINAL MEETING WITH AT LEAST
SEVEN DAYS ADVANCE NOTICE TO ALL MEMBERS OF THE BOARD, AND WITHIN
FORTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION FOR THE PURPOSE OF
RECORDING A VOTE TO APPROVE OR DENY THE APPLICATION. IF ANY VOTE IS MADE
TO DENY THE APPLICATION, THE APPLICATION IS DENIED. IF ANY VOTING MEMBER
OR THEIR DESIGNEE DOES NOT PARTICIPATE IN THE FINAL MEETING, OR IF ANY
VOTING MEMBER DOES NOT CAST A VOTE TO APPROVE OR DENY THE APPLICATION,
THEN THE VOTE OF SUCH MEMBER SHALL BE RECORDED AS A VOTE TO APPROVE THE
APPLICATION.
(D) IN THE EVENT THAT THE CHAIRPERSON OF THE BOARD DOES NOT CONVENE A
MEETING REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, EITHER
OF THE OTHER VOTING MEMBERS OF THE BOARD SHALL HAVE THE AUTHORITY TO
CONVENE SUCH MEETING WITHIN THE SAME PARAMETERS AND WITH THE SAME CRITE-
RIA REQUIRED BY SUCH PARAGRAPH, EXCEPT THAT ANY SUCH MEETING SHALL BE
CONVENED WITHIN TWO DAYS OF THE EXPIRATION OF THE THREE DAY TIME ALLOT-
MENT PROVIDED TO THE CHAIRPERSON. IN ADDITION, NOTHING IN THIS SECTION
SHALL PREVENT THE CHAIRPERSON FROM CONVENING ADDITIONAL MEETINGS NOT
SPECIFICALLY REQUIRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
PROVIDED THAT ANY SUCH MEETING SHALL ALLOW AT LEAST SEVEN DAYS ADVANCE
NOTICE TO ALL MEMBERS OF THE BOARD.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ANY
ADVANCE NOTICE REQUIREMENTS MAY BE WAIVED UPON THE CONSENT OF ALL VOTING
MEMBERS OF THE BOARD.
(F) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, IF ANY
VOTING MEMBER CASTS A VOTE TO TABLE THE APPLICATION, NO OTHER VOTES
SHALL BE RECORDED UNTIL A SUBSEQUENT MEETING IS CONVENED. PROVIDED,
S. 2808 77 A. 4008
HOWEVER, THAT A VOTE TO TABLE THE APPLICATION SHALL NOT BE ALLOWABLE
AFTER THIRTY-FIVE DAYS OF THE RECEIPT OF THE APPLICATION.
(G) ALL MEETINGS CONVENED BY THE BOARD SHALL BE SUBJECT TO THE OPEN
MEETINGS LAW, AND ANY VOTES RECORDED BY ANY VOTING MEMBER OF THE BOARD
SHALL BE MADE PUBLIC.
(H) UPON APPROVAL OF AN APPLICATION, THE TRUSTEES SHALL SUBMIT TO THE
BOARD PROOF OF COMPLIANCE WITH ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND UPON NON-COMPLIANCE, SHALL PROVIDE GOOD CAUSE SHOWN FOR SUCH
NON-COMPLIANCE. UPON REVIEW OF SUCH INFORMATION, THE BOARD SHALL REPORT
ITS FINDINGS TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE HIGHER EDUCA-
TION COMMITTEES IN BOTH HOUSES.
5. INSOFAR AS THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH THE
PROVISIONS OF ANY LAW, GENERAL, SPECIAL OR LOCAL, THE PROVISIONS OF THIS
SECTION SHALL BE CONTROLLING, EXCEPT THAT NOTHING IN THIS SECTION SHALL
PRECLUDE THE STATE UNIVERSITY OF NEW YORK FROM ENTERING INTO CONTRACTS
OR AGREEMENTS OTHERWISE PERMITTED BY LAW WITHOUT BOARD APPROVAL.
S 3. Subdivision 2 of section 355 of the education law is amended by
adding two new paragraphs y and z to read as follows:
Y. TO LEASE OR MAKE AVAILABLE TO ANY OTHER PUBLIC OR PRIVATE FOR-PRO-
FIT OR NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVEL-
OPMENT CORPORATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF
THE NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, A
PORTION OF THE GROUNDS OR REAL PROPERTY OCCUPIED BY A STATE OPERATED
INSTITUTION OR STATUTORY OR CONTRACT COLLEGE FOR THE CONSTRUCTION,
ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF ACADEMIC
BUILDINGS, DORMITORIES OR OTHER FACILITIES THEREON AND FOR THE PURPOSE
OF FACILITATING SUCH CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABIL-
ITATION OR IMPROVEMENT, TO ENTER INTO LEASES AND AGREEMENTS FOR THE USE
OF ANY SUCH ACADEMIC BUILDING, DORMITORY OR OTHER FACILITY; PROVIDED,
HOWEVER, THAT NOTHING HEREIN CONTAINED SHALL AFFECT THE PROVISIONS OF
ANY LEASE OR AGREEMENT HERETOFORE EXECUTED BY THE STATE UNIVERSITY WITH
THE DORMITORY AUTHORITY. THE STATE UNIVERSITY TRUSTEES MAY ALSO ENTER
INTO AGREEMENTS WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
FIT ENTITY, INCLUDING, BUT NOT LIMITED TO A LOCAL DEVELOPMENT CORPO-
RATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, TO
FURNISH HEAT FROM A CENTRAL HEATING PLANT TO ANY ACADEMIC BUILDING,
DORMITORY OR OTHER FACILITY ERECTED BY THEM OR WITH MONEYS SUPPLIED BY
THEM.
Z. IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT OF THE
CORPORATE PURPOSES OF THE STATE UNIVERSITY, TO PARTICIPATE IN JOINT AND
COOPERATIVE ARRANGEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND BUSINESS ENTI-
TIES AS PARTNERS, JOINT VENTURERS, MEMBERS OF NOT-FOR-PROFIT CORPO-
RATIONS, MEMBERS OF LIMITED LIABILITY COMPANIES AND SHAREHOLDERS OF
BUSINESS CORPORATIONS. THE STATE UNIVERSITY'S PARTICIPATION SHALL BE
SUBJECT TO GUIDELINES OF THE STATE UNIVERSITY WITH RESPECT TO CONFLICTS
OF INTEREST AND TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND THE
APPLICABLE PROVISIONS OF AGREEMENTS BETWEEN THE STATE AND EMPLOYEE
ORGANIZATIONS PURSUANT TO SUCH ARTICLE FOURTEEN. NOTWITHSTANDING ANY
INCONSISTENT PROVISION IN SECTION EIGHT OF THE COURT OF CLAIMS ACT, THE
STATE UNIVERSITY MAY INCLUDE IN A CONTRACT RELATING TO SUCH PARTIC-
IPATION, OTHER THAN A CONTRACT WITH STATE EMPLOYEES RELATING TO TERMS
S. 2808 78 A. 4008
AND CONDITIONS OF THEIR EMPLOYMENT, A PROVISION THAT SOME OR ALL
DISPUTES ARISING UNDER OR RELATED TO SUCH CONTRACT SHALL BE RESOLVED BY
BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF A NATIONALLY-RECOG-
NIZED ARBITRATION ASSOCIATION. NOTHING CONTAINED IN THE PUBLIC OFFICERS
LAW OR IN ANY OTHER LAW, RULE OR REGULATION SHALL BE CONSTRUED OR
APPLIED TO PROHIBIT STATE UNIVERSITY OFFICERS AND EMPLOYEES FROM ENGAG-
ING IN ACTIVITIES FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF THE
STATE UNIVERSITY IN CONNECTION WITH SUCH JOINT AND COOPERATIVE ARRANGE-
MENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY AS DIREC-
TORS ON BOARDS OR OTHER GOVERNING BODIES OF CORPORATIONS OR OTHER ENTI-
TIES.
S 4. Subdivisions 8 and 12 of section 373 of the education law, as
added by chapter 251 of the laws of 1962, are amended to read as
follows:
8. (A) To design, construct, acquire, reconstruct, rehabilitate and
improve academic buildings, dormitories and other facilities for the
state university [in accordance with sections three hundred seventy-five
and three hundred seventy-six of this chapter] USING ANY PROJECT DELIV-
ERY METHOD, INCLUDING BUT NOT LIMITED TO, DESIGN, BID, BUILD,
DESIGN/BUILD, OR CONSTRUCTION MANAGER AT RISK, THAT WILL ASSIST THE FUND
IN FULFILLING ITS PURPOSES UNDER SECTION THREE HUNDRED SEVENTY-TWO OF
THIS ARTICLE, PROVIDED THAT ALL WORK PERFORMED ON A PROJECT WHERE ALL OR
ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR SUCH CONSTRUCTION,
DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENO-
VATION, ALTERATION OR IMPROVEMENTS SHALL BE DEEMED PUBLIC WORK AND SHALL
BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A
CONTRACT OF THE STATE. COMPLIANCE WITH ALL THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW AND ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW SHALL
BE REQUIRED OF ANY LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON
THE PROJECT. IN NO EVENT SHALL MORE THAN FIFTEEN PERCENT OF THE TOTAL
ANNUAL COST OF ALL STATE UNIVERSITY CAPITAL PROJECTS BE AWARDED FOR
PROJECTS THAT USE A PROJECT DELIVERY METHOD OTHER THAN DESIGN, BID,
BUILD.
(B) NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN THE FUND
SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY A REPORT DESCRIBING THE EFFICACY OF THE
FUND'S USE OF PROJECT DELIVERY METHODS OTHER THAN DESIGN, BID, BUILD.
COMMENTS, IF ANY, OF THE NEW YORK STATE BUILDING AND CONSTRUCTION TRADES
COUNCIL SHALL BE INCLUDED IN SUCH REPORT.
(C) WITH RESPECT TO ANY PROJECT BY THE FUND FOR WHICH A PROJECT DELIV-
ERY METHOD OTHER THAN DESIGN, BID, BUILD IS PROPOSED, THE PROJECT SHALL
BE UNDERTAKEN PURSUANT TO A PROJECT LABOR AGREEMENT, AS DEFINED IN
SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW.
UNLESS THE FUND DETERMINES, UPON THE BASIS OF A STUDY DONE BY OR FOR THE
CONTRACTING ENTITY BY A QUALIFIED ENTITY ACCEPTABLE TO THE FUND, THAT
THE FUND'S INTEREST IN OBTAINING THE BEST WORK AT THE LOWEST POSSIBLE
PRICE, PREVENTING FAVORITISM, FRAUD AND CORRUPTION, AND OTHER CONSIDER-
ATIONS SUCH AS THE IMPACT OF DELAY, THE POSSIBILITY OF COST SAVINGS
ADVANTAGES, AND ANY LOCAL HISTORY OF LABOR UNREST, ARE BEST MET BY
REQUIRING A PROJECT LABOR AGREEMENT, THE FUND SHALL NOT UNDERTAKE THE
PROJECT USING A PROJECT DELIVERY METHOD OTHER THAN DESIGN, BID, BUILD;
12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its corporate purposes under this
article. NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE
S. 2808 79 A. 4008
LAW OR ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND PROCUREMENTS SHALL
BE SUBJECT ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF TITLE FOUR
OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW;
S 5. Subdivisions 2 and 8 of section 376 of the education law, as
added by chapter 251 of the laws of 1962, the opening paragraph and
paragraph a of subdivision 8 as amended by chapter 877 of the laws of
1990 and paragraph f of subdivision 8 as added by chapter 769 of the
laws of 1978, are amended to read as follows:
2. The fund may construct, acquire, reconstruct, rehabilitate and
improve such facilities, other than dormitories, by its own employees,
by agreement with a state retirement system or any state agency author-
ized to perform such work, or by contract awarded pursuant to subdivi-
sion eight of this section. IF THE FUND AND THE STATE UNIVERSITY ENTER
INTO AN AGREEMENT WHEREBY THE STATE UNIVERSITY IS AUTHORIZED BY THE FUND
TO CONSTRUCT, ACQUIRE, RECONSTRUCT, REHABILITATE AND IMPROVE SUCH FACIL-
ITIES, SUCH AGREEMENT MAY ALLOW THE STATE UNIVERSITY TO USE THE SAME
PROJECT DELIVERY METHODS CONTAINED IN SUBDIVISION EIGHT OF SECTION THREE
HUNDRED SEVENTY-THREE OF THIS ARTICLE.
8. All contracts which are to be awarded pursuant to this subdivision
shall be awarded by public letting in accordance with the following
provisions, notwithstanding any contrary provision of section ONE
HUNDRED TWELVE, one hundred thirty-five, one hundred thirty-six, one
hundred thirty-nine or one hundred forty of the state finance law OR ANY
OTHER LAW, provided, however, that where the estimated expense of any
contract which may be awarded pursuant to this subdivision is less than
TWO HUNDRED fifty thousand dollars, a performance bond and a bond for
the payment of labor and material may, in the discretion of the fund,
not be required, and except that in the discretion of the fund, a
contract may be entered into for such purposes without public letting
where the estimated expense thereof is less than twenty thousand
dollars, or where in the judgment of the fund an emergency condition
exists as a result of damage to an existing academic building, dormitory
or other facility which has been caused by an act of God, fire or other
casualty, or any other unanticipated, sudden and unexpected occurrence,
that has resulted in damage to or a malfunction in an existing academic
building, dormitory or other facility and involves a pressing necessity
for immediate repair, reconstruction or maintenance in order to permit
the safe continuation of the use or function of such facility, or to
protect the facility or the life, health or safety of any person, and
the nature of the work is such that in the judgment of the fund it would
be impractical and against the public interest to have public letting;
provided, however, that the fund, prior to awarding a contract hereunder
because of an emergency condition notify the comptroller of its intent
to award such a contract:
a. [If contracts are to be publicly let, the] THE letting agency shall
advertise the invitation to bid OR THE REQUEST FOR PROPOSALS in [a news-
paper published in the city of Albany and in] such [other newspapers]
NEWSPAPER as will be most likely in its opinion to give adequate notice
to contractors of the work required [and of the invitation to bid]
provided, however, that where the estimated expense of any contract
which may be awarded pursuant to this subdivision is less than TWO
HUNDRED fifty thousand dollars, the letting agency may advertise the
invitation to bid solely through the procurement opportunities newslet-
ter published pursuant to section one hundred forty-two of the economic
S. 2808 80 A. 4008
development law. The invitation to bid OR REQUEST FOR PROPOSALS shall
contain such information as the letting agency shall deem appropriate
[and a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read].
b. The letting agency shall not award any contract after public
bidding except to the lowest bidder who in its opinion is qualified to
perform the work required and is responsible and reliable. The letting
agency may, however, reject any or all bids, again advertise for bids,
or waive any informality in a bid if it believes that the public inter-
est will be promoted thereby.
c. The invitation to bid, REQUEST FOR PROPOSALS and the contract
awarded shall contain such other terms and conditions, and such
provisions for penalties, as the letting agency may deem desirable.
d. [The form of any] ANY contract awarded pursuant to this subdivision
shall [be approved by the attorney general and by the comptroller and
shall] contain a clause that the contract shall be deemed executory to
the extent of the moneys available and that no liability shall be
incurred by the fund beyond the moneys available therefor.
e. The letting agency shall require such deposits, bonds and security
in connection with the submission of bids OR REQUEST FOR PROPOSALS, the
award of contracts and the performance of work as it shall determine to
be in the public interest and for the protection of the state, the state
university, the fund and the letting agency.
f. Notwithstanding the provisions of any other law to the contrary,
all contracts for public work awarded by the state university
construction fund pursuant to this subdivision shall be in accordance
with section one hundred thirty-nine-f of the state finance law.
S 6. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding three new undesignated paragraphs
to read as follows:
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF THE STATE UNIVERSITY OF NEW YORK TO SUPPORT THE STATE
UNIVERSITY AND WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSITY, FOR THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR FAMILIES
OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORATORY,
CLASSROOM, HEALTH FACILITY OR OTHER FACILITY, BUILDING OR STRUCTURE
ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE ACADEMIC, CULTURAL,
HEALTH OR RESEARCH PROGRAMS OF THE STATE UNIVERSITY OF NEW YORK, INCLUD-
ING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES AND EQUIP-
MENT.
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
SPONSORED COMMUNITY COLLEGE ESTABLISHED AND OPERATED BY A COMMUNITY
COLLEGE REGION AS SET FORTH IN SECTION SIXTY-THREE HUNDRED ONE OF THE
EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE AND
WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
ORGANIZED EXCLUSIVELY BY STUDENTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE, FOR THE FINANCING, REFINANCING, ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY,
S. 2808 81 A. 4008
STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR OTHER FACILITY,
BUILDING OR STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE
ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS OF THE LOCALLY SPONSORED
COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND
RELATED FACILITIES AND EQUIPMENT.
A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A HOUS-
ING UNIT, INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
S 7. Subdivision 1 of section 1680 of the public authorities law is
amended by adding three new undesignated paragraphs to read as follows:
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF THE STATE UNIVERSITY OF NEW YORK TO SUPPORT THE STATE
UNIVERSITY AND WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSITY, FOR THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR FAMILIES
OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORATORY,
CLASSROOM, HEALTH FACILITY OR ANY OTHER BUILDING, FACILITY OR STRUCTURE
ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE ACADEMIC, CULTURAL,
HEALTH OR RESEARCH PROGRAMS FOR THE STATE UNIVERSITY OF NEW YORK,
INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES AND
EQUIPMENT; PROVIDED HOWEVER THAT ANY PROJECT PROPOSED TO BE UNDERTAKEN
PURSUANT TO THIS PARAGRAPH SHALL FIRST BE APPROVED BY THE STATE UNIVER-
SITY OF NEW YORK; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, THAT ANY SUCH NOT-FOR-PROFIT ENTITY, THE STATE
UNIVERSITY OF NEW YORK AND THE STATE UNIVERSITY CONSTRUCTION FUND ARE
HEREBY AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREEMENTS
WITH THE DORMITORY AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
PROJECT AS PROVIDED IN THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
PROVIDING FOR THE CONVEYANCE OF STATE-OWNED PROPERTY UNDER THE JURISDIC-
TION OF THE STATE UNIVERSITY TO THE NOT-FOR-PROFIT ENTITY; OR (II) GRANT
THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE
RECEIVED BY THE NOT-FOR-PROFIT ENTITY TO THE EXTENT THAT SUCH REVENUES,
PROPERTY OR MONEYS ARE PLEDGED BY THE ENTITY TO THE DORMITORY AUTHORITY
TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF
ANY PROJECT UNDERTAKEN PURSUANT TO THIS PARAGRAPH; PROVIDED FURTHER,
THAT ALL WORK PERFORMED ON A PROJECT WHERE ALL OR ANY PORTION THEREOF
INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR
IMPROVEMENT SHALL BE DEEMED PUBLIC WORK AND SHALL BE SUBJECT TO AND
PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF THE
LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A CONTRACT OF THE
STATE AND THE CONTRACTORS PERFORMING SUCH WORK SHALL ALSO BE DEEMED A
STATE AGENCY FOR THE PURPOSE OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW
AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE, AND SHALL BE SUBJECT TO A
COMPETITIVE PROCESS. COMPLIANCE WITH ALL THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW SHALL BE REQUIRED OF ANY LESSEE, SUBLESSEE,
CONTRACTOR, OR SUBCONTRACTOR ON THE PROJECT. ALL STATE AND LOCAL OFFI-
S. 2808 82 A. 4008
CERS ARE HEREBY AUTHORIZED TO PAY ALL FUNDS SO ASSIGNED AND PLEDGED TO
THE DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE DORMITORY AUTHORI-
TY, TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUE.
NEITHER THE STATE OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR THE
STATE UNIVERSITY CONSTRUCTION FUND SHALL TAKE ANY ACTION IN SUCH MANNER
AS TO IMPAIR OR DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY PURSU-
ANT TO ANY SUCH PLEDGE AND ASSIGNMENT AND ANY LIEN OR OTHER SECURITY
INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
SPONSORED COMMUNITY COLLEGE ESTABLISHED AND OPERATED BY A COMMUNITY
COLLEGE REGION AS SET FORTH IN SECTION SIXTY-THREE HUNDRED ONE OF THE
EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE AND
WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
ORGANIZED EXCLUSIVELY BY STUDENTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE, FOR THE FINANCING, REFINANCING, ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY,
STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR ANY OTHER BUILD-
ING, FACILITY OR STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING
THE ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS FOR THE LOCALLY
SPONSORED COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL ATTENDANT
AND RELATED FACILITIES AND EQUIPMENT; PROVIDED HOWEVER THAT ANY PROJECT
PROPOSED TO BE UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL FIRST BE
APPROVED BY THE BOARD OF TRUSTEES OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, THAT ANY SUCH NOT-FOR-PROFIT ENTITY, THE LOCALLY SPONSORED
COMMUNITY COLLEGE AND THE LOCAL SPONSOR ARE HEREBY AUTHORIZED TO TAKE
SUCH ACTIONS AND TO ENTER INTO SUCH AGREEMENTS WITH THE DORMITORY
AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION,
IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY PROJECT AS PROVIDED IN THIS
PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, PROVIDING FOR THE CONVEYANCE
OF PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND PURPOSES
OF THE LOCALLY SPONSORED COMMUNITY COLLEGE TO THE NOT-FOR-PROFIT ENTITY;
OR (II) GRANT THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY
MONEYS TO BE RECEIVED BY THE NOT-FOR-PROFIT ENTITY TO THE EXTENT THAT
SUCH REVENUES, PROPERTY OR MONEYS ARE PLEDGED BY THE ENTITY TO THE
DORMITORY AUTHORITY TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE
AUTHORITY ON ACCOUNT OF ANY PROJECT UNDERTAKEN PURSUANT TO THIS PARA-
GRAPH; PROVIDED FURTHER, ALL WORK PERFORMED ON A PROJECT WHERE ALL OR
ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR CONSTRUCTION,
DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENO-
VATION, ALTERATION OR IMPROVEMENT SHALL BE DEEMED PUBLIC WORK AND SHALL
BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE
EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN THE SAME MANNER AS A
CONTRACT OF THE STATE AND THE CONTRACTORS PERFORMING SUCH WORK SHALL
ALSO BE DEEMED A STATE AGENCY FOR THE PURPOSE OF ARTICLE FIFTEEN-A OF
THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS OF SUCH ARTICLE, AND
SHALL BE SUBJECT TO A COMPETITIVE PROCESS. COMPLIANCE WITH ALL THE
PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE REQUIRED OF ANY
LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON THE PROJECT. ALL
STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED TO PAY ALL SUCH FUNDS SO
ASSIGNED AND PLEDGED TO THE DORMITORY AUTHORITY OR, UPON THE DIRECTION
S. 2808 83 A. 4008
OF THE DORMITORY AUTHORITY, TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY
BOND OR NOTE ISSUE. NEITHER THE STATE OF NEW YORK, THE LOCAL SPONSOR
NOR THE LOCALLY SPONSORED COMMUNITY COLLEGE SHALL TAKE ANY ACTION IN
SUCH MANNER AS TO IMPAIR OR DIMINISH THE RIGHTS AND REMEDIES OF THE
AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND ASSIGNMENT AND ANY LIEN OR
OTHER SECURITY INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A HOUS-
ING UNIT, INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
S 8. Section 6304 of the education law is amended by adding a new
subdivision 14 to read as follows:
14. A. FOR THE PURPOSES OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN A HOUSING UNIT, INCLUDING ALL NECESSARY AND
ATTENDANT AND RELATED FACILITIES AND EQUIPMENT ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED AND IMPROVED, OR OTHERWISE
PROVIDED THROUGH THE DORMITORY AUTHORITY IN ACCORDANCE WITH THE
PROVISIONS OF THE DORMITORY AUTHORITY ACT FOR THE USE OF STUDENTS,
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A COMMUNITY
COLLEGE.
B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A COMMUNITY
COLLEGE IS AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREE-
MENTS WITH THE DORMITORY AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE
THE FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF A
COMMUNITY COLLEGE DORMITORY, INCLUDING, BUT NOT LIMITED TO, PROVIDING
FOR THE LEASING OR OTHERWISE MAKING AVAILABLE TO THE DORMITORY AUTHORITY
REAL PROPERTY HELD BY THE LOCAL SPONSOR IN TRUST FOR THE USES AND
PURPOSES OF THE COMMUNITY COLLEGE; OR (II) GRANT THE DORMITORY AUTHORITY
A LIEN ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE RECEIVED BY THE
COMMUNITY COLLEGE DERIVED FROM THE OPERATIONS OF THE PROJECT BEING
FINANCED TO THE EXTENT THAT SUCH REVENUES, PROPERTY OR MONEYS ARE
PLEDGED BY THE COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY TO SECURE
THE PAYMENT OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF ANY
COMMUNITY COLLEGE DORMITORY UNDERTAKEN PURSUANT TO THIS SUBDIVISION;
PROVIDED, FURTHER, THAT ANY SUCH AGREEMENTS MAY PROVIDE THAT THE OBLI-
GATION OF THE COMMUNITY COLLEGE TO MAKE RENTAL OR OTHER PAYMENTS TO THE
DORMITORY AUTHORITY SHALL CONSTITUTE A GENERAL OBLIGATION OF THE COMMU-
NITY COLLEGE PAYABLE FROM ALL MONIES LEGALLY AVAILABLE TO THE COMMUNITY
COLLEGE (INCLUDING AMOUNTS PROVIDED FOR OPERATING AID BY THE LOCAL SPON-
SOR OR SPONSORS TO THE COMMUNITY COLLEGE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR AMOUNTS PROVIDED FOR OPERATING AID BY THE STATE TO THE
COMMUNITY COLLEGE); AND PROVIDED FURTHER, THAT ALL WORK PERFORMED ON A
COMMUNITY COLLEGE DORMITORY UNDERTAKEN PURSUANT TO THIS SUBDIVISION
WHERE ALL OR ANY PORTION THEREOF INVOLVES A LEASE OR AGREEMENT FOR
CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILITATION,
REPAIR, RENOVATION, ALTERATION OR IMPROVEMENT SHALL BE DEEMED PUBLIC
WORK AND SHALL BE SUBJECT TO AND PERFORMED IN ACCORDANCE WITH THE
PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW TO THE SAME EXTENT AND IN
THE SAME MANNER AS A CONTRACT OF THE STATE AND THE CONTRACTORS PERFORM-
ING SUCH WORK SHALL ALSO BE DEEMED A STATE AGENCY FOR THE PURPOSE OF
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AND SUBJECT TO THE PROVISIONS OF
SUCH ARTICLE, AND SHALL BE SUBJECT TO A COMPETITIVE PROCESS. COMPLIANCE
WITH ALL THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE
REQUIRED OF ANY LESSEE, SUBLESSEE, CONTRACTOR, OR SUBCONTRACTOR ON THE
S. 2808 84 A. 4008
PROJECT. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED AND
REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITORY
AUTHORITY OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY, TO ANY
TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUE. NEITHER THE STATE
OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR A LOCAL SPONSOR SHALL
TAKE ANY ACTION IN SUCH MANNER AS TO IMPAIR OR DIMINISH THE RIGHTS AND
REMEDIES OF THE DORMITORY AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND
ASSIGNMENT AND ANY LIEN OR OTHER SECURITY INTEREST CREATED PURSUANT TO
THIS SUBDIVISION.
C. A LOCAL SPONSOR IS AUTHORIZED TO LEASE OR OTHERWISE MAKE AVAILABLE
TO THE DORMITORY AUTHORITY FOR THE PURPOSES SET FORTH IN THIS SUBDIVI-
SION REAL PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND
PURPOSES OF THE COMMUNITY COLLEGE.
D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NEITHER A
LOCAL SPONSOR NOR THE STATE OF NEW YORK SHALL BE REQUIRED TO PROVIDE A
SHARE OF THE CAPITAL COSTS OF A COMMUNITY COLLEGE DORMITORY. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PROJECT FOR WHICH
THE STATE APPROPRIATES FUNDS PURSUANT TO SUBDIVISION EIGHT OF THIS
SECTION.
S 9. Section 1680 of the public authorities law is amended by adding a
new subdivision 41 to read as follows:
41. A. FOR THE PURPOSES OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN A HOUSING UNIT, INCLUDING ALL NECESSARY AND
ATTENDANT AND RELATED FACILITIES AND EQUIPMENT ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED AND IMPROVED, OR OTHERWISE
PROVIDED THROUGH THE DORMITORY AUTHORITY IN ACCORDANCE WITH THE
PROVISIONS OF THE DORMITORY AUTHORITY ACT FOR THE USE OF STUDENTS,
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A LOCALLY
SPONSORED COMMUNITY COLLEGE.
B. THE DORMITORY AUTHORITY IS HEREBY EMPOWERED AND AUTHORIZED TO ENTER
INTO A LEASE OR OTHER AGREEMENT WITH A LOCALLY SPONSORED COMMUNITY
COLLEGE TO FINANCE, REFINANCE, ACQUIRE, DESIGN, CONSTRUCT, RECONSTRUCT,
REHABILITATE, IMPROVE, FURNISH AND EQUIP ONE OR MORE COMMUNITY COLLEGE
DORMITORIES. SUCH LEASE OR OTHER AGREEMENT MAY PROVIDE FOR THE PAYMENT
OF ANNUAL RENTALS AND OTHER PAYMENTS BY THE LOCALLY SPONSORED COMMUNITY
COLLEGE TO THE DORMITORY AUTHORITY AND CONTAIN SUCH OTHER TERMS AND
CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES THERETO, INCLUDING BUT
NOT LIMITED TO PROVISIONS RELATING TO THE MAINTENANCE AND OPERATION OF
THE COMMUNITY COLLEGE DORMITORIES, THE ESTABLISHMENT OF RESERVE FUNDS,
INDEMNITIES AND THE DISPOSITION OF A COMMUNITY COLLEGE DORMITORY OR THE
INTEREST OF THE AUTHORITY THEREIN PRIOR TO OR UPON THE TERMINATION OR
EXPIRATION OF SUCH LEASE OR OTHER AGREEMENT.
C. IN THE EVENT OF A FAILURE OF A LOCALLY SPONSORED COMMUNITY COLLEGE
TO PAY THE DORMITORY AUTHORITY WHEN DUE ALL OR PART OF AMOUNTS PAYABLE
BY THE LOCALLY SPONSORED COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY
PURSUANT TO A LEASE OR AGREEMENT AUTHORIZED BY THIS SUBDIVISION, THE
DORMITORY AUTHORITY SHALL FORTHWITH MAKE AND DELIVER TO THE STATE COMP-
TROLLER A CERTIFICATE STATING THE AMOUNT OF THE PAYMENT REQUIRED TO HAVE
BEEN MADE BY THE LOCALLY SPONSORED COMMUNITY COLLEGE, THE AMOUNT PAID BY
THE LOCALLY SPONSORED COMMUNITY COLLEGE, AND THE AMOUNT REMAINING UNPAID
BY THE LOCALLY SPONSORED COMMUNITY COLLEGE. THE STATE COMPTROLLER, AFTER
GIVING WRITTEN NOTICE TO THE DIRECTOR OF THE BUDGET, SHALL PAY TO THE
DORMITORY AUTHORITY THE AMOUNT SET FORTH IN SUCH CERTIFICATE AS REMAIN-
ING UNPAID, WHICH AMOUNT SHALL BE PAID FROM ANY MONIES APPROPRIATED BY
THE STATE FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY SPON-
SORED COMMUNITY COLLEGE AND NOT YET PAID. THE AMOUNT REQUIRED TO BE PAID
S. 2808 85 A. 4008
BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH SHALL BE PAID TO THE
DORMITORY AUTHORITY AS SOON AS PRACTICABLE AFTER RECEIPT OF THE CERTIF-
ICATE OF THE DORMITORY AUTHORITY AND NOTICE TO THE DIRECTOR OF THE BUDG-
ET IS GIVEN, WHETHER OR NOT THE MONEYS FROM WHICH SUCH PAYMENT IS TO BE
MADE ARE THEN DUE AND PAYABLE TO THE LOCALLY SPONSORED COMMUNITY
COLLEGE. THE AMOUNT OF STATE APPROPRIATIONS PAYABLE TO THE LOCALLY SPON-
SORED COMMUNITY COLLEGE FROM WHICH THE STATE COMPTROLLER HAS MADE A
PAYMENT PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED BY THE AMOUNT SO
PAID TO THE DORMITORY AUTHORITY, NOTWITHSTANDING THE AMOUNT APPROPRIATED
AND APPORTIONED BY THE STATE TO THE LOCALLY SPONSORED COMMUNITY COLLEGE,
AND THE STATE SHALL NOT BE OBLIGATED TO MAKE AND THE LOCALLY SPONSORED
COMMUNITY COLLEGE SHALL NOT BE ENTITLED TO RECEIVE ANY ADDITIONAL APPOR-
TIONMENT OR PAYMENT OF STATE MONEYS. NOTHING CONTAINED IN THIS SUBDIVI-
SION SHALL BE CONSTRUED TO CREATE AN OBLIGATION UPON THE STATE TO APPRO-
PRIATE MONEYS FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY
SPONSORED COMMUNITY COLLEGE, TO PRECLUDE THE STATE FROM REDUCING THE
AMOUNT OF MONEYS APPROPRIATED OR LEVEL OF SUPPORT PROVIDED FOR THE OPER-
ATING COSTS OF THE LOCALLY SPONSORED COMMUNITY COLLEGE FROM THE AMOUNT
APPROPRIATED OR LEVEL OF SUPPORT PROVIDED IN ANY PRIOR FISCAL YEAR, OR
TO PRECLUDE THE STATE FROM ALTERING OR MODIFYING THE MANNER IN WHICH IT
PROVIDES FOR THE OPERATING COSTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE.
D. THE PROVISIONS OF THIS SUBDIVISION SHALL BE IN ADDITION TO ANY
AUTHORIZATION CONTAINED IN THIS TITLE GOVERNING THE PROVISION OF FACILI-
TIES BY THE DORMITORY AUTHORITY FOR THE LOCAL SPONSOR OF A LOCALLY SPON-
SORED COMMUNITY COLLEGE, AND ALL PROVISIONS OF THIS TITLE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SUBDIVISION SHALL BE APPLICABLE WITH
RESPECT TO ANY BONDS OF THE AUTHORITY ISSUED TO OBTAIN FUNDS FOR ANY
PURPOSE AUTHORIZED UNDER THIS SUBDIVISION FOR THE BENEFIT OF A LOCALLY
SPONSORED COMMUNITY COLLEGE AND WITH RESPECT TO THE POWERS OF THE DORMI-
TORY AUTHORITY.
S 10. Subdivision 12 of section 3 of the public buildings law, as
amended by section 48 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
12. Lease from time to time buildings, rooms or premises in the county
of Albany, and elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the state government, upon
such terms and conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term not exceeding ten
years, but may provide for optional renewals on the part of the state,
for terms of ten years or less. Each such lease shall contain a clause
stating that the contract of the state thereunder shall be deemed execu-
tory only to the extent of moneys available therefor and that no liabil-
ity shall be incurred by the state beyond the money available for such
purpose. Notwithstanding the provisions of any other law, except section
sixteen hundred seventy-six of the public authorities law relating to
use of dormitory authority facilities by the aged, the commissioner of
general services shall have sole and exclusive authority to lease space
for state departments, agencies, commissions, boards and officers, OTHER
THAN THE STATE UNIVERSITY OF NEW YORK, within the county of Albany. Any
buildings, rooms or premises, now or hereafter held by the commissioner
of general services under lease, may be sublet, in part or in whole,
provided that in the judgment of the commissioner, and the occupying
department, commission, board, and officers of the state government,
such buildings, rooms or premises are not for a time needed.
S. 2808 86 A. 4008
S 11. This act shall take effect immediately; provided, however, that
sections one through nine of this act shall expire and be deemed
repealed June 30, 2016, and provided, further, that the amendments to
subdivision 12 of section 3 of the public buildings law made by section
ten of this act shall take effect on the same date as the reversion of
such subdivision as provided in subdivision 4 of section 27 of chapter
95 of the laws of 2000, as amended.
SUBPART B
Section 1. Subdivisions 5 and 6 of section 355 of the education law,
subdivision 5 as added by chapter 552 of the laws of 1985, paragraph a
of subdivision 5 as amended by chapter 682 of the laws of 2007, para-
graph c of subdivision 5 as added by chapter 103 of the laws of 1989,
paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
and subdivision 6 as amended by chapter 554 of the laws of 1985, are
amended to read as follows:
5. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and sections one hundred fifteen,
one hundred sixty-one, AND one hundred sixty-three [and one hundred
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
a. (i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars], (ii) execute contracts for
services and construction, CONSTRUCTION-RELATED contracts [to an amount
not exceeding twenty thousand dollars] AND CONTRACTS FOR COMPUTER TECH-
NOLOGY AND LEASES, LICENSES, PERMITS AND CONTRACTS FOR THE PURCHASE OR
SALE OF REAL PROPERTY, and (iii) contract for printing [to an amount not
exceeding five thousand dollars], without prior approval by any other
state officer or agency, but subject to rules and regulations of the
state comptroller not otherwise inconsistent with the provisions of this
section and in accordance with [the rules and regulations] GUIDELINES
promulgated by the state university board of trustees after consultation
with the state comptroller. [In addition, the trustees, after consulta-
tion with the commissioner of general services, are authorized to annu-
ally negotiate with the state comptroller increases in the aforemen-
tioned dollar limits and the exemption of any articles, categories of
articles or commodities from these limits. Rules and regulations]. THE
GUIDELINES promulgated by the state university board of trustees shall,
to the extent practicable, require that competitive proposals be solic-
ited for purchases, and shall include requirements that purchases and
contracts authorized under this section be at the lowest available
price, including consideration of prices available through other state
agencies, consistent with quality requirements, and as will best promote
the public interest. Such purchases may be made directly from any
contractor pursuant to any contract for commodities let by the office of
general services or any other state agency;
b. to establish cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials, supplies, or services
where the amount of a single purchase does not exceed [two hundred
fifty] ONE THOUSAND dollars, in accordance with such guidelines as shall
S. 2808 87 A. 4008
be prescribed by the state university trustees after consultation with
the state comptroller.
c. establish guidelines in consultation with the commissioner of
general services authorizing participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner of general
services shall provide assistance to the state university necessary to
enable the university to participate in these programs.
[d. (1) Award contract extensions for campus transportation without
competitive bidding where such contracts were secured either through
competitive bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2) of this paragraph,
however such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to reflect any
decrease in the regional consumer price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for all urban
consumers (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to any compet-
itive proposal offered by a public transportation agency. Such contract
may be increased for each year of the contract extension by an amount
not to exceed the regional consumer price index increase for the New
York, New York-Northeastern, New Jersey area, based upon the index for
all urban consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the contractor that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
6. To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university without prior review or
approval by any state officer or agency [other than the state comp-
troller and the attorney general] including contracts with non-profit
corporations organized by officers, employees, alumni or students of
state university for the furtherance of its objects and purposes.
Contracts or agreements entered into with the federal government to
enable participation in federal student loan programs, including any and
all instruments required thereunder, shall not be subject to the
requirements of section forty-one of the state finance law; provided,
however, that the state shall not be liable for any portion of any
defaults which it has agreed to assume pursuant to any such agreement in
an amount in excess of money appropriated or otherwise lawfully avail-
able therefor at the time the liability for payment arises.
S 2. Section 355 of the education law is amended by adding two new
subdivisions 5-a and 5-b to read as follows:
5-A. A. THE CHANCELLOR OF THE STATE UNIVERSITY AND THE COMMISSIONER OF
THE OFFICE OF GENERAL SERVICES SHALL DEVELOP A PROTOCOL TO DETERMINE
WHETHER IT IS MORE ECONOMICAL AND EFFICIENT TO PURCHASE GOODS FOR THE
STATE UNIVERSITY SYSTEM THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE
OF GENERAL SERVICES THAN THROUGH A COMPETITIVE BIDDING PROCESS.
B. THE PROTOCOL SHALL INCLUDE A PROCESS IN WHICH THE CHANCELLOR SHALL
OBTAIN INFORMATION ANNUALLY FROM EACH STATE-OPERATED INSTITUTION AND
UNIVERSITY HEALTH SCIENCES CENTER UNDER THE JURISDICTION OF THE STATE
UNIVERSITY, IN SUCH DETAIL AS REQUIRED BY THE CHANCELLOR, RELATING TO
THE TYPE AND TOTAL AMOUNT OF GOODS, INCLUDING TECHNOLOGY PURCHASES FOR
NEW SOFTWARE, SYSTEMS, ENHANCEMENTS AND EQUIPMENT, THAT EACH STATE-OPER-
ATED INSTITUTION OR UNIVERSITY HEALTH SCIENCES CENTER PROPOSES TO
PURCHASE IN THE UPCOMING FISCAL YEAR.
S. 2808 88 A. 4008
C. UPON RECEIPT OF THE INFORMATION OBTAINED PURSUANT TO PARAGRAPH B OF
THIS SUBDIVISION, THE CHANCELLOR, PURSUANT TO THE PROTOCOL AND IF JUSTI-
FIED BY PRICE AND VALUE, MAY REQUIRE THE STATE-OPERATED INSTITUTION OR
UNIVERSITY HEALTH SCIENCES CENTER TO MAKE ITS PURCHASES THROUGH THE USE
OF THE CENTRALIZED CONTRACTS OF THE OFFICE OF GENERAL SERVICES.
5-B. A. THE STATE UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF
EACH YEAR TO THE DIRECTOR OF THE DIVISION OF BUDGET, THE STATE COMP-
TROLLER, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION
COMMITTEES A REPORT WHICH SETS FORTH WITH RESPECT TO ITS CONTRACTING
PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
(1) THE STATE UNIVERSITY'S PROCUREMENT GUIDELINES;
(2) SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE", SOLE
SOURCE, SINGLE SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
BY STATE-OPERATED INSTITUTIONS AND UNIVERSITY HEALTH SCIENCES CENTERS
AND BY TYPE OF GOODS OR COMMODITY;
(3) NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
SOURCE SELECTION METHOD;
(4) A LISTING OF CONTRACTS BY INDIVIDUAL STATE-OPERATED INSTITUTION
AND UNIVERSITY HEALTH SCIENCES CENTER, INCLUDING VENDOR NAME, APPROVAL
DATES, DOLLAR VALUE OF SUCH CONTRACTS, INCLUDING THE TOTAL AMOUNT OF
GOODS PURCHASED THROUGH THE CENTRALIZED CONTRACTS OF THE OFFICE OF
GENERAL SERVICES;
(5) A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
THE PRIOR FISCAL YEAR AND TOTAL YEAR-TO-DATE EXPENDITURES FOR ALL
CONTRACTS, WITH SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
STATE-OPERATED INSTITUTION AND UNIVERSITY HEALTH SCIENCES CENTER; AND
MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED TO, GOODS, EQUIPMENT
AND COMMODITIES;
(6) THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT SUCH CONTRACTS
REPRESENT OF THE STATE UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
(7) THE NUMBER OF CONTRACTS DISAPPROVED DURING THE FISCAL YEAR AND
REASONS FOR DISAPPROVAL.
B. THE REPORT SHALL ALSO SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
EFFICIENCY OF THE STATE UNIVERSITY'S PROCUREMENT PROCESS.
S 3. Subdivision a of section 6218 of the education law, as amended by
chapter 697 of the laws of 1993, is amended to read as follows:
a. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and sections one hundred fifteen,
one hundred sixty-one[,] AND one hundred sixty-three [and one hundred
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the city university [trustees are] IS authorized and empowered
to:
(i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles, [where the amount for a single purchase
does not exceed twenty thousand dollars,] (ii) execute contracts for
services [to an amount not exceeding twenty thousand dollars]; INCLUDING
CONSTRUCTION, CONSTRUCTION-RELATED CONTRACTS, CONTRACTS FOR COMPUTER
TECHNOLOGY AND LEASES, LICENSES, PERMITS AND CONTRACTS FOR THE PURCHASE
OR SALE OF REAL PROPERTY, and (iii) contract for printing [to an amount
not exceeding five thousand dollars], without prior approval by any
other state officer or agency, but subject to rules and regulations of
the state comptroller not otherwise inconsistent with the provisions of
S. 2808 89 A. 4008
this section and in accordance with the [rules and regulations] GUIDE-
LINES promulgated by the city university board of trustees after consul-
tation with the state comptroller. [In addition, the trustees are
authorized to annually negotiate with the state comptroller increases in
the aforementioned dollar limits and the exemption of any articles,
categories of articles or commodities from these limits. Rules and regu-
lations] THE GUIDELINES promulgated by the city university board of
trustees shall, to the extent practicable, require that competitive
proposals be solicited for purchases, and shall include requirements
that purchases and contracts authorized under this section be at the
lowest possible price.
S 4. Section 6218 of the education law is amended by adding a new
subdivision i to read as follows:
I. (I) THE CITY UNIVERSITY SHALL PROVIDE BY OCTOBER FIFTEENTH OF EACH
YEAR TO THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE STATE COMP-
TROLLER, THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE
SENATE AND THE CHAIRS OF THE ASSEMBLY AND SENATE HIGHER EDUCATION
COMMITTEES A REPORT WHICH SETS FORTH WITH RESPECT TO ITS CONTRACTING
PROCESS THE FOLLOWING INFORMATION FOR THE PRIOR FISCAL YEAR:
1. THE CITY UNIVERSITY'S PROCUREMENT GUIDELINES;
2. SELECTION METHOD, INCLUDING "LOWEST PRICE", "BEST VALUE", SOLE
SOURCE, SINGLE SOURCE, NEGOTIATED AND EMERGENCY PROCUREMENT SUBTOTALED
BY INDIVIDUAL SENIOR COLLEGES AND BY TYPE OF GOODS OR COMMODITY;
3. NUMBER OF CONTRACTS AWARDED BY NUMBER OF BIDS AND/OR PROPOSALS AND
SOURCE SELECTION METHOD;
4. A LISTING OF THE CONTRACTS BY INDIVIDUAL SENIOR COLLEGES, INCLUDING
VENDOR NAME, APPROVAL DATES, DOLLAR VALUE OF SUCH CONTRACTS;
5. A LISTING OF THE TOTAL NUMBER AND AMOUNT OF CONTRACTS AWARDED FOR
THE PRIOR FISCAL YEAR AND TOTAL YEAR-TO-DATE EXPENDITURES FOR ALL
CONTRACTS, WITH SUBTOTALS BY CENTRAL ADMINISTRATION, AND BY INDIVIDUAL
SENIOR COLLEGES; AND MAJOR CONTRACT CATEGORY INCLUDING, BUT NOT LIMITED
TO, GOODS, EQUIPMENT AND COMMODITIES;
6. THE TOTAL NUMBER AND TOTAL DOLLAR VALUE OF SINGLE SOURCE CONTRACTS
AWARDED DURING THE FISCAL YEAR, AND THE PERCENTAGE THAT SUCH CONTRACTS
REPRESENT OF THE CITY UNIVERSITY'S TOTAL NUMBER AND TOTAL DOLLAR VALUE
OF CONTRACT AWARDS DURING THE REPORTING PERIOD; AND
7. THE NUMBER OF CONTRACTS DISAPPROVED DURING THE FISCAL YEAR AND
REASONS FOR DISAPPROVAL.
(II) THE REPORT SHALL SET FORTH ANY RECOMMENDATIONS TO IMPROVE THE
EFFICIENCY OF THE CITY UNIVERSITY'S PROCUREMENT PROCESS.
S 5. The education law is amended by adding a new section 6283 to read
as follows:
S 6283. PROCUREMENTS OF THE FUND. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CONTRACTS OF THE FUND MAY BE EXECUTED AND SHALL BE
VALID, ENFORCEABLE AND EFFECTIVE WITHOUT PRIOR REVIEW OR APPROVAL BY, OR
FILING WITH, THE STATE COMPTROLLER, PROVIDED, HOWEVER, THAT SUCH
CONTRACTS SHALL BE SUBJECT TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY
ADOPTED BY THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF
TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW, EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW.
S 6. Subdivisions 2 and 3 of section 112 of the state finance law, as
amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
are amended to read as follows:
2. (a) Before any contract made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the office of
S. 2808 90 A. 4008
general services, THE CITY UNIVERSITY OF NEW YORK AND THE STATE UNIVER-
SITY OF NEW YORK, shall be executed or become effective, whenever such
contract exceeds fifty thousand dollars in amount and before any
contract made for or by the office of general services shall be executed
or become effective, whenever such contract exceeds eighty-five thousand
dollars in amount, it shall first be approved by the comptroller and
filed in his or her office, provided, however, that the comptroller
shall make a final written determination with respect to approval of
such contract within ninety days of the submission of such contract to
his or her office unless the comptroller shall notify, in writing, the
state agency, department, board, officer, commission, or institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period of time agreed to by such state agency, department, board, offi-
cer, commission, or institution and provided, further, that such written
determination or extension shall be made part of the procurement record
pursuant to paragraph f of subdivision one of section one hundred
sixty-three of this chapter.
(b) Whenever any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or institution OTHER
THAN THE CITY UNIVERSITY OF NEW YORK AND THE STATE UNIVERSITY OF NEW
YORK, notice that such liability has been incurred shall be immediately
given in writing to the state comptroller.
3. A contract or other instrument wherein the state or any of its
officers, agencies, boards or commissions OTHER THAN THE CITY UNIVERSITY
OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK agrees to give a
consideration other than the payment of money, when the value or reason-
ably estimated value of such consideration exceeds ten thousand dollars,
shall not become a valid enforceable contract unless such contract or
other instrument shall first be approved by the comptroller and filed in
his office.
S 7. Paragraph i of subdivision 2 of section 355 of the education law,
as amended by chapter 552 of the laws of 1985, is amended to read as
follows:
i. To lease to alumni associations of institutions of the state
university a portion of the grounds occupied by any institution of the
state university, for the erection thereon of dormitories to be used by
students in attendance at such institutions. The terms of any lease and
the character of the building to be erected shall be determined by the
state university trustees. [Such lease, prior to its execution, shall be
submitted to the attorney general for his approval as to its form,
contents and legal effect.] Nothing contained in this paragraph shall
affect the provisions of any lease heretofore executed by a board of
visitors of any state-operated institution pursuant to law. The state
university trustees may similarly enter into an agreement with an alumni
association of an institution of the state university to furnish heat
from a central heating plant to any dormitory erected by such alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.
S 8. Subdivision (b) of section 6281 of the education law, as amended
by chapter 1081 of the laws of 1969, is amended to read as follows:
(b) Notwithstanding any other provision of this article or any other
law, any contract let by the dormitory authority and/or the city univer-
sity construction fund for the purposes of this article shall be in
conformity with the provisions of section one hundred one of the general
municipal law, AND MAY BE AWARDED USING ANY DELIVERY METHOD AUTHORIZED
S. 2808 91 A. 4008
BY THE PROCUREMENT GUIDELINES ADOPTED BY THE CITY UNIVERSITY
CONSTRUCTION FUND OR THE DORMITORY AUTHORITY PURSUANT TO SECTION TWEN-
TY-EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW.
S 9. This act shall take effect immediately and shall expire and be
deemed repealed June 30, 2016.
SUBPART C
Section 1. Subdivision 16 of section 355 of the education law, as
added by chapter 363 of the laws of 1998, is amended to read as follows:
16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:
a. Notwithstanding section one hundred sixty-three of the state
finance law AND SECTION SIXTY-THREE OF THE EXECUTIVE LAW, authorize
[contracts for] a state university health care facility [for partic-
ipation] TO CREATE AND/OR PARTICIPATE in managed care networks and other
joint and cooperative arrangements with public, [non-profit]
NOT-FOR-PROFIT or FOR PROFIT business entities, INCLUDING JOINT VENTUR-
ERS, NOT-FOR-PROFIT OR FOR PROFIT CORPORATIONS, PROFESSIONAL CORPO-
RATIONS, AND LIMITED LIABILITY COMPANIES, including entering into a
maximum of twenty network arrangements per year, as partners, JOINT
VENTURERS, members of [non-profit] NOT-FOR-PROFIT corporations, MEMBERS
OF LIMITED LIABILITY COMPANIES and shareholders of business corpo-
rations, and the provision of management and administrative services by
or for state university. Any contract for the provision of management
services shall be subject to any provision of the public health law and
health regulations applicable to the state university as a health care
provider, including any review by the commissioner of health pursuant to
10 NYCRR section 405.3(f). In addition, the commissioner of health shall
provide for public comment within thirty days of a submission of any
management contract required to be reviewed pursuant to regulation. The
trustees may also authorize contracts, including [capitation] RISK-SHAR-
ING contracts, for a state university health care facility for the
provision of general comprehensive and specialty health care services,
directly or through contract with other service providers or entities,
including state university employees or entities comprised thereof.
Contracts authorized hereunder shall be:
(1) consistent with trustee guidelines respecting all terms and condi-
tions necessary and appropriate for managed care NETWORKS and other
[network,] joint or cooperative arrangements, including GUIDELINES
GOVERNING THE AWARDING OF SUCH CONTRACTS, guidelines for comparative
review where appropriate, AND CONFLICT-OF-INTEREST GUIDELINES;
(2) subject to laws and regulations applicable to the state university
as a health care provider, including with respect to rates and certif-
icates of need; and
(3) subject to article fourteen of the civil service law and the
applicable provisions of agreements between the state and employee
organizations pursuant to article fourteen of the civil service law.
b. (1) Notwithstanding the provisions of [subdivision two of section
one hundred twelve of the state finance law relating to the dollar
threshold requiring the comptroller's approval of contracts and] SUBDI-
VISION TWO OF SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE LAW RELAT-
ING TO THE COMPTROLLER'S APPROVAL OF CONTRACTS FOR SERVICES AND subdivi-
sion six of section one hundred sixty-three of the state finance law AND
SECTION SIXTY-THREE OF THE EXECUTIVE LAW, authorize contracts for the
S. 2808 92 A. 4008
purchase of goods and services for state university health care facili-
ties WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY:
[(1)] (A) for any contract [which does not exceed seventy-five thou-
sand dollars] FOR GOODS OR SERVICES OR FOR ANY REVENUE CONTRACT; or
[(2)] (B) for joint or group purchasing arrangements [which do not
exceed seventy-five thousand dollars without prior approval by any other
state, officer or agency] in accordance with procedures and requirements
found in paragraph a of subdivision five of this section.
[(3) contracts] (2) CONTRACTS authorized hereunder shall be subject to
article fourteen of the civil service law and the applicable provisions
of agreements between the state and employee organizations pursuant to
article fourteen of the civil service law AND SHALL BE CONSISTENT WITH
TRUSTEE GUIDELINES GOVERNING THE AWARDING OF SUCH CONTRACTS, COMPARATIVE
REVIEW WHERE APPROPRIATE, AND CONFLICT-OF-INTEREST GUIDELINES.
[The trustees are authorized to negotiate annually with the state
comptroller increases in the aforementioned dollar limits.]
c. Authorize contracts for the acquisition BY STATE UNIVERSITY HEALTH
CARE FACILITIES OR FACILITIES SUITABLE FOR THE DELIVERY OF HEALTH CARE
SERVICES, by purchase, lease, sublease, transfer of jurisdiction or
otherwise[, of facilities suitable for the delivery of health care
services] and for the construction, repair, maintenance, equipping,
rehabilitation or improvement thereof. SUCH FACILITIES MAY BE ACQUIRED
IN WHOLE OR IN PART BY STATE UNIVERSITY HEALTH CARE FACILITIES, EITHER
DIRECTLY OR THROUGH OWNERSHIP IN A JOINT OR COOPERATIVE ARRANGEMENT
AUTHORIZED BY PARAGRAPH A OF THIS SUBDIVISION. Such contracts shall be
[subject to approval by the attorney general as to form and by the
director of the budget and the state comptroller] CONSISTENT WITH TRUS-
TEE GUIDELINES GOVERNING THE AWARDING OF SUCH CONTRACTS, INCLUDING
GUIDELINES REQUIRING COMPARATIVE REVIEW WHERE APPROPRIATE AND CONFLICT
OF INTEREST GUIDELINES. Contracts under this paragraph shall be funded
from any moneys lawfully available for the expenses of the STATE UNIVER-
SITY health care facilities.
D. THE STATE UNIVERSITY SHALL PROVIDE BY JULY FIFTEENTH OF EACH YEAR
TO THE DIRECTOR OF THE BUDGET AND TO THE CHAIRS OF THE SENATE FINANCE
COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE A REPORT WHICH SETS
FORTH WITH RESPECT TO CONTRACTS ENTERED INTO DURING THE PRIOR YEAR BY
STATE UNIVERSITY HEALTH CARE FACILITIES (1) THE AMOUNT, PURPOSE, AND
DURATION OF CONTRACTS AND ARRANGEMENTS ENTERED INTO PURSUANT TO PARA-
GRAPHS A AND C OF THIS SUBDIVISION, (2) A LISTING OF CONTRACTS OVER THE
AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO
CLAUSE (A) OF SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION, AND
(3) THE AMOUNT, PURPOSE AND DURATION OF CONTRACTS OVER THE AMOUNT OF TWO
HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO CLAUSE (B) OF
SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION.
S 2. Notwithstanding any inconsistent provision in section 8 of the
court of claims act, subdivision 10 of section 355 of the education law
or any other provision of law, a state university health care facility
may include in a contract authorized by paragraph a of subdivision 16 of
section 355 of the education law, other than a contract with state
employees relating to terms and conditions of their employment, a
provision that some or all disputes arising under or related to such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
S 3. This act shall take effect immediately, and shall expire and be
deemed repealed June 30, 2016.
S. 2808 93 A. 4008
SUBPART D
Section 1. The board of trustees of the state university of New York
and the city university of New York shall report every January first to
the governor, the temporary president of the senate and the speaker of
the assembly on the effectiveness of the reforms pursuant to this act.
The report shall address the progress of the state-operated and senior
colleges in competing with the top academic research institutions, the
impact of efforts by the state university of New York and the city
university of New York to increase the economic well-being of New York.
S 2. This act shall take effect immediately, and shall expire and be
deemed repealed June 30, 2016.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through D of this act shall
be as specifically set forth in the last section of such Subparts.
PART E
Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
paragraph a of subdivision 3 of section 667 of the education law, as
amended by section 1 of part B of chapter 60 of the laws of 2000, is
amended and a new subitem (d) is added to read as follows:
(c) For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars[.]; OR
(D) FOR UNDERGRADUATE STUDENTS ENROLLED IN A PROGRAM OF STUDY AT A
PUBLIC OR NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A
PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGIS-
TERED NOT-FOR-PROFIT BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME TAX
PURPOSES THAT DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCA-
LAUREATE DEGREE, FOUR THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT THIS
SUBITEM SHALL NOT APPLY TO STUDENTS ENROLLED IN A PROGRAM OF STUDY LEAD-
ING TO A CERTIFICATE OR DEGREE IN NURSING.
S 2. This act shall take effect July 1, 2011.
PART F
Section 1. Subdivision 1 of section 663 of the education law, as
amended by section 1 of part F of chapter 57 of the laws of 2009, is
amended to read as follows:
1. Income defined. Except as otherwise provided in this section,
"income" shall be the total of the combined net taxable income and
income from pensions of New York state, local governments [and], the
federal government AND ANY PRIVATE EMPLOYER of the applicant, the appli-
cant's spouse, and the applicant's parents, INCLUDING ANY PENSION AND
ANNUITY INCOME EXCLUDED FOR PURPOSES OF TAXATION PURSUANT TO PARAGRAPH
THREE-A OF SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX LAW,
S. 2808 94 A. 4008
as reported in New York state income tax returns for the calendar year
next preceding the beginning of the school year for which application
for assistance is made, except that any amount received by an applicant
as a scholarship at an educational institution or as a fellowship grant,
including the value of contributed services and accommodations, shall
not be included within the definition of "income" for the purposes of
this article. The term "parent" shall include birth parents, steppar-
ents, adoptive parents and the spouse of an adoptive parent. Income, if
not a whole dollar amount, shall be assumed to be equal to the next
lowest whole dollar amount. Any change in the status of an applicant
with regard to the persons responsible for the applicant's support
occurring after the beginning of any semester shall not be considered to
change the applicant's award for that semester.
S 2. This act shall take effect July 1, 2011.
PART G
Section 1. Paragraphs b and c of subdivision 6 of section 661 of the
education law are REPEALED and two new paragraphs b and c are added to
read as follows:
B. A STUDENT WHO IS IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STAT-
UTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM SHALL BE INELIGI-
BLE TO RECEIVE ANY AWARD OR LOAN PURSUANT TO THIS ARTICLE UNTIL THE
STUDENT CURES THE DEFAULT STATUS PURSUANT TO APPLICABLE LAW AND REGU-
LATION.
C. A STUDENT WHO HAS FAILED TO COMPLY WITH THE TERMS OF ANY SERVICE
CONDITION IMPOSED BY AN AWARD MADE PURSUANT TO THIS ARTICLE OR HAS
FAILED TO REPAY AN AWARD MADE PURSUANT TO THIS ARTICLE, AS REQUIRED BY
PARAGRAPH A OF SUBDIVISION FOUR OF SECTION SIX HUNDRED SIXTY-FIVE OF
THIS SUBPART, SHALL BE INELIGIBLE TO RECEIVE ANY AWARD OR LOAN PURSUANT
TO THIS ARTICLE SO LONG AS SUCH FAILURE TO COMPLY OR REPAY CONTINUES.
S 2. This act shall take effect July 1, 2011; provided that the
provisions of this act shall apply to any student who is in default in
the repayment of any student loan or under the terms of any award pursu-
ant to article 14 of the education law.
PART H
Section 1. Subclause 1 of clause (A) of subparagraph (i) of paragraph
a of subdivision 3 of section 667 of the education law, as amended by
section 1 of part B of chapter 60 of the laws of 2000, is amended to
read as follows:
(1) In the case of students who have not been granted an exclusion of
parental income or had a dependent for income tax purposes during the
tax year next preceding the academic year for which application is made,
EXCEPT FOR THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT:
(a) For students first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two thousand--two thou-
sand one, four thousand one hundred twenty-five dollars; or
(b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three thousand five hundred
seventy-five dollars; or
(c) For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars.
S. 2808 95 A. 4008
S 2. Subclause 2 of clause (A) of subparagraph (i) of paragraph a of
subdivision 3 of section 667 of the education law, as amended by section
1 of part B of chapter 60 of the laws of 2000, is amended to read as
follows:
(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
(a) For students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
teen hundred ninety-six and thereafter, three thousand twenty-five
dollars, or
(b) For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
teen hundred ninety-four, two thousand five hundred seventy-five
dollars, or
(c) For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand four hundred fifty
dollars; or
S 3. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
(iii) (A) For students who have been granted exclusion of parental
income and were single with no dependent for income tax purposes during
the tax year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
[(A)] (1) Less than three thousand None
dollars
[(B)] (2) Three thousand dollars or Thirty-one per centum of
more, but not more than ten amount in excess of three
thousand dollars thousand dollars
(B) FOR THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT, FOR INCOME TAX PURPOSES
DURING THE TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICA-
TION IS MADE, THE BASE AMOUNT, AS DETERMINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
AMOUNT OF INCOME SCHEDULE OF REDUCTION
OF BASE AMOUNT
(1) LESS THAN SEVEN THOUSAND NONE
DOLLARS
(2) SEVEN THOUSAND DOLLARS OR SEVEN PER CENTUM OF EXCESS
MORE, BUT LESS THAN ELEVEN OVER SEVEN THOUSAND DOLLARS
THOUSAND DOLLARS
(3) ELEVEN THOUSAND DOLLARS OR TWO HUNDRED EIGHTY DOLLARS
MORE, BUT LESS THAN EIGHTEEN PLUS TEN PER CENTUM OF EXCESS
THOUSAND DOLLARS OVER ELEVEN THOUSAND DOLLARS
(4) EIGHTEEN THOUSAND DOLLARS OR NINE HUNDRED EIGHTY DOLLARS
MORE, BUT NOT MORE THAN FORTY PLUS TWELVE PER CENTUM OF
THOUSAND DOLLARS EXCESS OVER EIGHTEEN
S. 2808 96 A. 4008
THOUSAND DOLLARS
S 4. This act shall take effect July 1, 2011.
PART I
Section 1. Subparagraphs (i), (ii), (iii) and (iv) of paragraph c of
subdivision 6 of section 665 of the education law, subparagraphs (i),
(ii) and (iii) as added by section 3 of part E-1 of chapter 57 of the
laws of 2007 and subparagraph (iv) as amended by section 2 of part I of
chapter 57 of the laws of 2008, are amended to read as follows:
(i) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in four-year or five-year undergraduate
programs whose terms are organized in semesters:
Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
Certified
for This
Payment
A Student Must 0 3 9 21 33 45 60 75 90 105
Have Accrued at
Least This
Many Credits
With At Least 0 1.1 1.2 1.3 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
(ii) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in two-year undergraduate programs whose terms
are organized in semesters:
Before Being 1 2 3 4 5 6
Certified
for This
Payment
A Student 0 3 9 18 30 45
Must Have
Accrued at
Least This
Many Credits
With at Least 0 .5 .75 1.3 2.0 2.0
This Grade
Point Average
(iii) For students first receiving aid in two thousand seven--two
thousand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND
S. 2808 97 A. 4008
TEN, AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDI-
VISION WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT,
and thereafter, and enrolled in four-year or five-year undergraduate
programs whose terms are organized on a trimester basis:
Before Being 1 2 3 4 5 6 7 8
Certified
for This
Payment
A Student 0 2 4 9 17 25 33 40
Must Have
Accrued at
Least This
Many Credits
With At Least 0 1.1 1.1 1.2 1.2 1.3 2.0 2.0
This Grade
Point Average
and,
Before Being 9 10 11 12 13 14 15
Certified
for This
Payment
A Student 50 60 70 80 90 100 110
Must Have
Accrued at
Least This
Many Credits
With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
(iv) For students first receiving aid in two thousand seven--two thou-
sand eight, THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND FOR REMEDIAL STUDENTS AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION
WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO THOUSAND EIGHT, and
thereafter, and enrolled in two-year undergraduate programs whose terms
are organized on a trimester basis:
Before Being 1 2 3 4 5 6 7 8 9
Certified
for This
Payment
A Student 0 2 4 9 15 21 30 37 45
Must Have
Accrued at
Least This
Many Credits
With At Least 0 .5 .5 .75 .75 1.3 2.0 2.0 2.0
S. 2808 98 A. 4008
This Grade
Point Average
S 2. Paragraph c of subdivision 6 of section 665 of the education law
is amended by adding four new subparagraphs (v), (vi), (vii) and (viii)
to read as follows:
(V) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOUSAND
ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED IN SEMESTERS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 6 15 27 39 51 66 81 96 111
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(VI) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED IN SEMES-
TERS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 6 15 27 39 51
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.3 1.5 1.8 2.0 2.0
THIS GRADE
POINT AVERAGE
(VII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGAN-
IZED ON A TRIMESTER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH
CERTIFIED
S. 2808 99 A. 4008
FOR THIS
PAYMENT
A STUDENT 0 4 8 14 22 30 38 46
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
AND,
BEFORE BEING 9TH 10TH 11TH 12TH 13TH 14TH 15TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 56 66 76 86 96 106 116
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 2.0 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(VIII) FOR STUDENTS FIRST RECEIVING AID IN TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN AND THEREAFTER, WHO DO NOT MEET THE DEFINITION OF REMEDIAL
STUDENT AS DEFINED IN PARAGRAPH D OF THIS SUBDIVISION, AND ARE ENROLLED
IN A TWO-YEAR UNDERGRADUATE PROGRAM WHOSE TERMS ARE ORGANIZED ON A
TRIMESTER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 2 6 14 22 30 38 46 54
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
S 3. Subdivision 6 of section 665 of the education law is amended by
adding a new paragraph d to read as follows:
D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, A REMEDIAL STUDENT
SHALL MEAN A STUDENT CARRYING A FULL-TIME PROGRAM: (A) WHOSE SCORES ON A
RECOGNIZED COLLEGE PLACEMENT EXAM OR NATIONALLY RECOGNIZED STANDARDIZED
EXAM INDICATE THE NEED FOR REMEDIATION, AS CERTIFIED BY THE APPROPRIATE
S. 2808 100 A. 4008
COLLEGE OFFICIAL AND APPROVED BY THE COMMISSIONER, AND WHO IS ENROLLED
IN UP TO NINE SEMESTER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED
BY THE COMMISSIONER, IN THEIR FIRST TERM OF STUDY, AND UP TO SIX SEMES-
TER HOURS OF NON-CREDIT REMEDIAL COURSES, AS APPROVED BY THE COMMISSION-
ER, IN EACH TERM THEREAFTER; OR (B) WHO IS ENROLLED IN THE HIGHER EDUCA-
TION OPPORTUNITY PROGRAM (HEOP), THE EDUCATION OPPORTUNITY PROGRAM
(EOP), THE SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM,
OR THE COLLEGE DISCOVERY PROGRAM.
S 4. This act shall take effect July 1, 2011.
PART J
Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. [No
graduate student shall be eligible for more than four academic years of
study provided, however, that no graduate student shall be eligible for
more than one degree program at the master's, first professional or
doctorate level. No student shall be eligible for a total of more than
the equivalent of eight years of combined undergraduate and graduate
study.] Any semester, quarter, or term of attendance during which a
student receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this [article] SUBPART shall be counted as one-half of a
semester, quarter or term, as the case may be, toward the maximum term
of eligibility under this section. Any semester, quarter or term of
attendance during which a student received an award pursuant to section
six hundred sixty-seven-a of this [article] SUBPART shall not be counted
toward the maximum term of eligibility under this section.
S 2. Paragraph c of subdivision 3 of section 667 of the education law
is REPEALED and paragraph d is relettered paragraph c.
S 3. Subdivision 5 of section 663 of the education law, as amended by
chapter 622 of the laws of 2008, is amended to read as follows:
5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b of subdivision three of section six hundred sixty-seven of this part
if, during the academic year in which the applicant will receive an
award, one or more of either the parents of the applicant or other
dependent children of such parents, the spouse of the applicant, or one
or more dependent children of the applicant, in addition to the appli-
cant, will be in full-time attendance in an approved program, the
combined net taxable income determined under subdivision one of this
section shall be divided by the total number of the aforesaid persons
(including the applicant) who will be in such attendance, and the
S. 2808 101 A. 4008
resulting quotient shall be deemed the applicable income in determining
the applicant's award for such academic year.
(b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during the academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent child of
such parents, the spouse of the applicant, or one or more dependent
children of the applicant, in addition to the applicant, will be in
full-time attendance in an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional two thousand dollars for
each other such person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting amount
shall be deemed the applicable income in determining the applicant's
award for the academic year.
S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977, is amended to read as
follows:
a. In determining the amount of an award for [graduate and undergradu-
ate] students, the income of the parents shall be excluded if the
student has been emancipated from his parents.
S 5. The opening paragraph of subparagraph 1 of paragraph b of subdi-
vision 3 of section 663 of the education law, as amended by chapter 101
of the laws of 1992, is amended to read as follows:
The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the beginning of the academic
year for which application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth prior to
the academic year for which application is made [or is a graduate
student,] and who, during the calendar year next preceding the semester,
quarter or term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977, is amended to read as
follows:
d. Any [graduate or] undergraduate student who was allowed to exclude
parental income pursuant to the provisions of subdivision three of
section six hundred three of this chapter as they existed prior to July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
S 7. This act shall take effect July 1, 2011.
PART K
Section 1. Section 17 of chapter 31 of the laws of 1985, amending the
education law relating to regents scholarships in certain professions,
as amended by section 1 of part I of chapter 57 of the laws of 2008, is
amended to read as follows:
S 17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon the granting of such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN LOAN FORGIVENESS PROGRAM ESTABLISHED PURSUANT TO THIS ACT
SHALL NOT TERMINATE UNTIL THE GRANTING OF SUCH AWARDS FOR THE 2015-16
S. 2808 102 A. 4008
SCHOOL YEAR, PROVIDED THAT THE FINAL DISBURSEMENT OF ANY MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as part I of chapter 57 of the laws of 2008, takes effect.
PART L
Section 1. Section 3 of part V of chapter 57 of the laws of 2005
amending the education law relating to the New York state nursing facul-
ty loan forgiveness incentive program and the New York state nursing
faculty scholarship program, as added by section 4 of part D of chapter
63 of the laws of 2005, is amended to read as follows:
S 3. This act shall take effect on the same date and in the same
manner as Part H of [a] THIS chapter [of the laws of 2005 amending the
labor law and other laws relating to implementing the state fiscal plan
for the 2005-2006 state fiscal year, as proposed in legislative bill
numbers S.3667 and A.6841, takes effect]; provided that section two of
this act shall take effect on the same date and in the same manner as
Part I of [a] THIS chapter [of the laws of 2005 amending the labor law
and other laws relating to implementing the state fiscal plan for the
2005-2006 state fiscal year, as proposed in legislative bill numbers
S.3667 and A.6841, takes effect]; and provided further that this act
shall expire and be deemed repealed on June 30, [2010] 2016.
S 2. This act shall take effect immediately.
PART M
Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of
2005, amending the education law and other laws relating to the social
worker loan forgiveness program is amended to read as follows:
(a) section two of this act shall expire and be deemed repealed June
30, [2011] 2016; and provided, further that the amendment to paragraph b
of subdivision 1 of section 679-c and the amendment to paragraph 2 of
subdivision a of section 679-d of the education law made by sections
three and four of this act shall not affect the repeal of such sections
and shall be deemed repealed therewith;
S 2. This act shall take effect immediately.
PART N
Section 1. Paragraph (b) of subdivision 12 of section 425 of the real
property tax law, as added by section 1 of part B of chapter 389 of the
laws of 1997, is amended and a new paragraph (d) is added to read as
follows:
(b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of section five hundred
fifty-one or five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative or final
assessment roll, shall apply so far as practicable to the revocation
procedure, except that the tax rate to be applied to any revoked
exemption shall be the tax rate that was applied to the corresponding
assessment roll, AND THAT INTEREST SHALL THEN BE ADDED TO EACH SUCH
PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE HUNDRED TWENTY-FOUR-A OF
THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLICABLE FOR EACH MONTH OR
S. 2808 103 A. 4008
PORTION THEREON SINCE THE LEVY OF TAXES UPON THE ASSESSMENT ROLL OR
ROLLS UPON WHICH THE EXEMPTION WAS GRANTED.
(D) APPLICABILITY. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
APPLICABLE TO THE EXTENT THAT THE PRIOR EXEMPTIONS SHALL HAVE BEEN
RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
S 2. The real property tax law is amended by adding a new section 496
to read as follows:
S 496. VOLUNTARILY RENUNCIATION OF AN EXEMPTION. 1. A PROPERTY OWNER
WHO WISHES TO GIVE UP HIS OR HER CLAIM TO AN EXEMPTION ON ONE OR MORE
PRECEDING ASSESSMENT ROLLS MAY RENOUNCE THE EXEMPTION IN THE MANNER
PROVIDED BY THIS SECTION.
2. AN APPLICATION TO RENOUNCE AN EXEMPTION SHALL BE MADE ON A FORM
PRESCRIBED BY THE COMMISSIONER AND SHALL BE FILED WITH THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES NO LATER THAN TWENTY YEARS AFTER THE
LEVY OF TAXES UPON THE ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION
APPEARS. THE COUNTY DIRECTOR, AFTER CONSULTING WITH THE ASSESSOR AS
APPROPRIATE, SHALL COMPUTE THE TOTAL AMOUNT OWED ON ACCOUNT OF THE
RENOUNCED EXEMPTION AS FOLLOWS:
(A) FOR EACH ASSESSMENT ROLL ON WHICH THE RENOUNCED EXEMPTION APPEARS,
THE ASSESSED VALUE THAT WAS EXEMPTED SHALL BE MULTIPLIED BY THE TAX RATE
OR RATES THAT WERE APPLIED TO THAT ASSESSMENT ROLL. INTEREST SHALL THEN
BE ADDED TO EACH SUCH PRODUCT AT THE RATE PRESCRIBED BY SECTION NINE
HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR SUCH OTHER LAW AS MAY BE APPLI-
CABLE FOR EACH MONTH OR PORTION THEREON SINCE THE LEVY OF TAXES UPON
SUCH ASSESSMENT ROLL.
(B) THE SUM OF THE CALCULATIONS MADE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION WITH RESPECT TO ALL OF THE ASSESSMENT ROLLS IN QUESTION
SHALL BE DETERMINED.
(C) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED TO THE SUM
DETERMINED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
3. AFTER COMPUTING THE TOTAL AMOUNT DUE ON ACCOUNT OF THE RENOUNCED
EXEMPTION, THE COUNTY DIRECTOR SHALL RETURN THE FORM TO THE APPLICANT
WITH THE TOTAL AMOUNT DUE NOTED THEREON. A COPY OF SUCH FORM SHALL BE
PROVIDED TO THE ASSESSOR, AND IN THE CASE OF THE STAR EXEMPTION, TO THE
COMMISSIONER. WITHIN FIFTEEN DAYS AFTER THE MAILING OF SUCH FORM, THE
APPLICANT SHALL PAY THE TOTAL AMOUNT DUE AS SHOWN THEREON TO THE COUNTY
TREASURER, WHO SHALL ISSUE A RECEIPT FOR SUCH PAYMENT. AFTER DEDUCTING
THE PROCESSING FEE, THE COUNTY TREASURER SHALL DISTRIBUTE THE AMOUNT
COLLECTED AMONG THE AFFECTED MUNICIPAL CORPORATIONS ACCORDING TO THE
TAXES AND INTEREST OWING TO EACH, PROVIDED THAT IN THE CASE OF THE STAR
EXEMPTION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS ARTI-
CLE, THE AMOUNT COLLECTED, INCLUDING INTEREST, SHALL BE PAID TO THE
STATE IN THE MANNER DIRECTED BY THE COMMISSIONER.
4. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, IN A CITY
WITH A POPULATION OF ONE MILLION OR MORE, AN EXEMPTION MAY BE RENOUNCED
ON A FORM PRESCRIBED BY THE COMMISSIONER OF FINANCE, AND THE DUTIES
IMPOSED BY THIS SECTION UPON THE COUNTY TREASURER SHALL BE PERFORMED BY
THE COMMISSIONER OF FINANCE.
S 3. Paragraph (e) of subdivision 3 of section 550 of the real proper-
ty tax law, as added by chapter 160 of the laws of 1988, is amended to
read as follows:
(e) an incorrect entry of a partial exemption on an assessment roll
for a parcel which is not eligible for such partial exemption; PROVIDED
THAT THE EXEMPTION HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR
HUNDRED NINETY-SIX OF THIS CHAPTER; or
S. 2808 104 A. 4008
S 4. Paragraph (f-1) of subdivision 1 of section 553 of the real prop-
erty tax law, as added by chapter 616 of the laws of 2002, is amended to
read as follows:
(f-1) an incorrect entry of a partial exemption on the immediately
preceding year's assessment roll for a parcel which was not eligible for
such exemption, provided that there has not been a transfer of title
subsequent to the filing of such roll AND PROVIDED FURTHER THAT THE
EXEMPTION HAS NOT BEEN RENOUNCED PURSUANT TO SECTION FOUR HUNDRED NINE-
TY-SIX OF THIS CHAPTER;
S 5. Subdivision 2 of section 1306-a of the real property tax law, as
added by section 16 of part B of chapter 389 of the laws of 1997, is
amended to read as follows:
2. Tax savings. (A)(I) The tax savings for each parcel receiving the
exemption authorized by section four hundred twenty-five of this chapter
shall be computed by subtracting the amount actually levied against the
parcel from the amount that would have been levied if not for the
exemption, PROVIDED HOWEVER, THAT BEGINNING WITH THE TWO THOUSAND
ELEVEN-TWO THOUSAND TWELVE SCHOOL YEAR, THE TAX SAVINGS APPLICABLE TO
ANY "PORTION" (WHICH AS USED HEREIN SHALL MEAN THAT PART OF AN ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT) SHALL NOT EXCEED THE TAX SAVINGS
APPLICABLE TO THAT PORTION IN THE PRIOR SCHOOL YEAR MULTIPLIED BY ONE
HUNDRED TWO PERCENT, WITH THE RESULT ROUNDED TO THE NEAREST DOLLAR. THE
TAX SAVINGS ATTRIBUTABLE TO THE BASIC AND ENHANCED EXEMPTIONS SHALL BE
CALCULATED SEPARATELY. IT SHALL BE THE RESPONSIBILITY OF THE COMMISSION-
ER TO CALCULATE TAX SAVINGS LIMITATIONS FOR PURPOSES OF THIS
SUBDIVISION.
(II) THE TAX SAVINGS APPLICABLE TO A PORTION FOR THE TWO THOUSAND
TEN-TWO THOUSAND ELEVEN SCHOOL YEAR SHALL BE DETERMINED BY MULTIPLYING
THE EXEMPT AMOUNT APPLICABLE TO THE PORTION FOR THE TWO THOUSAND TEN-TWO
THOUSAND ELEVEN SCHOOL YEAR BY THE TAX RATE APPLICABLE TO THE PORTION
FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR, WITH SEPARATE
CALCULATIONS FOR THE BASIC AND ENHANCED EXEMPTIONS.
(III) WHERE A SCHOOL TAX RATE WAS CHANGED IN THE MIDST OF THE PRIOR
SCHOOL YEAR, AN ANNUALIZED SCHOOL TAX RATE SHALL BE USED FOR THIS
PURPOSE. THE ANNUALIZED TAX RATE FOR THIS PURPOSE SHALL BE DETERMINED BY
CALCULATING THE AVERAGE OF THE TAX RATES IN EFFECT AT VARIOUS TIMES
DURING THE SCHOOL YEAR, WEIGHTED ACCORDING TO THE LENGTH OF TIME DURING
WHICH THEY WERE RESPECTIVELY APPLICABLE.
(B) A statement shall then be placed on the tax bill for the parcel in
substantially the following form: "Your tax savings this year resulting
from the New York state school tax relief (STAR) program is $_______."
S 6. Section 171-u of the tax law is amended by adding a new subdivi-
sion 5 to read as follows:
(5)(A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER MAY ADOPT RULES PRESCRIBING A UNIFORM STATEWIDE SYSTEM OF
PARCEL IDENTIFICATION NUMBERS AND A UNIFORM STATEWIDE ASSESSMENT CALEN-
DAR APPLICABLE TO ALL "ASSESSING UNITS", AS THAT TERM IS DEFINED BY
SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW, PROVIDED THAT NO
SUCH RULE SHALL APPLY TO AN ASSESSMENT ROLL WITH A TAXABLE STATUS DATE
OCCURRING PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN. THE RULES SO
PRESCRIBED SHALL TAKE PRECEDENCE OVER ANY AND ALL GENERAL, SPECIAL AND
LOCAL LAWS, ORDINANCES AND RESOLUTIONS TO THE CONTRARY.
(B) THE UNIFORM STATEWIDE ASSESSMENT CALENDAR SO PRESCRIBED SHALL
PROVIDE FOR A UNIFORM VALUATION DATE, A UNIFORM TAXABLE STATUS DATE, A
UNIFORM DATE FOR THE FILING OF TENTATIVE ASSESSMENT ROLLS, A UNIFORM
DATE FOR THE HEARING OF COMPLAINTS ON TENTATIVE ASSESSMENTS, AND A
S. 2808 105 A. 4008
UNIFORM DATE FOR THE FILING OF FINAL ASSESSMENT ROLLS. THE CALENDAR MAY
NOT, HOWEVER, OVERRIDE THE DATES OTHERWISE SET BY LAW FOR THE LEVY OR
COLLECTION OF TAXES, NOR MAY IT OVERRIDE THE DATES OTHERWISE SET BY LAW
FOR LOCAL FISCAL YEARS TO BEGIN OR END.
(C) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, THE
COMMISSIONER MAY, AT HIS OR HER DISCRETION, ADOPT RULES THAT ARE APPLI-
CABLE ONLY TO "SPECIAL ASSESSING UNITS," AS THAT TERM IS DEFINED BY
SECTION EIGHTEEN HUNDRED ONE OF THE REAL PROPERTY TAX LAW, WHICH
PRESCRIBE AN ALTERNATIVE SYSTEM OF PARCEL IDENTIFICATION NUMBERS AND AN
ALTERNATIVE ASSESSMENT CALENDAR SOLELY FOR SUCH SPECIAL ASSESSING UNITS.
S 7. This act shall take effect immediately.
PART O
Section 1. Paragraphs b and c of subdivision 1 of section 4405 of the
education law, paragraph b as amended and paragraph c as added by
section 2 of part G2 of chapter 62 of the laws of 2003, are amended to
read as follows:
b. Expenditures made by a social services district for the maintenance
of [a child with a disability placed in a residential school under the
provisions of this article, including a child with a disability placed
in a special act school district by a school district committee on
special education pursuant to this article, or] a child with a disabili-
ty placed in a state school under the provisions of articles eighty-sev-
en and eighty-eight of this chapter shall be subject to reimbursement by
the state pursuant to the provisions of subdivision ten of section one
hundred fifty-three of the social services law. Expenditures shall
include both direct payments and deductions from state aid made by the
comptroller, if any, in lieu of such direct payments.
c. Expenditures made by a social services district for the maintenance
of a child with a disability placed in a residential school under the
provisions of this article, including a child with a disability placed
by a school district committee on special education pursuant to this
article in a special act school district, or a state school subject to
the provisions of articles eighty-seven and eighty-eight of this chap-
ter, shall be subject to [twenty] FIFTY-SIX AND EIGHT HUNDRED
FORTY-EIGHT THOUSANDTHS percent reimbursement by the child's school
district of residence pursuant to the provisions of subdivision ten of
section one hundred fifty-three of the social services law. The amount
of such reimbursement shall be a charge upon such school district of
residence.
S 2. Subdivision 10 of section 153 of the social services law, as
amended by section 1 of part G2 of chapter 62 of the laws of 2003, is
amended to read as follows:
10. Expenditures made by a social services district for the mainte-
nance of children with disabilities, placed by school districts, pursu-
ant to section forty-four hundred five of the education law shall, if
approved by the office of children and family services, be subject to
[forty percent reimbursement by the state and twenty] FIFTY-SIX AND
EIGHT HUNDRED FORTY-EIGHT THOUSANDTHS percent reimbursement by school
districts in accordance with paragraph (c) of subdivision one of section
forty-four hundred five of the education law, after first deducting
therefrom any federal funds received or to be received on account of
such expenditures, except that in the case of a student attending a
state-operated school for the deaf or blind pursuant to article eighty-
seven or eighty-eight of the education law who was not placed in such
S. 2808 106 A. 4008
school by a school district such expenditures shall be subject to fifty
percent reimbursement by the state after first deducting therefrom any
federal funds received or to be received on account of such expenditures
and there shall be no reimbursement by school districts. Such expendi-
tures shall not be subject to the limitations on state reimbursement
contained in subdivision two of section one hundred fifty-three-k of
this [chapter] TITLE. In the event of the failure of the school district
to make the maintenance payment pursuant to the provisions of this
subdivision, the state comptroller shall withhold state reimbursement to
any such school district in an amount equal to the unpaid obligation for
maintenance and pay over such sum to the social services district upon
certification of the commissioner of the office of children and family
services and the commissioner of education that such funds are overdue
and owed by such school district. The commissioner of the office of
children and family services, in consultation with the commissioner of
education, shall promulgate regulations to implement the provisions of
this subdivision.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after January 1, 2011;
provided, however, that the amendments to subdivision 10 of section 153
of the social services law made by section two of this act shall not
affect the expiration of such subdivision and shall expire therewith.
PART P
Section 1. The social services law is amended by adding a new section
409-b to read as follows:
S 409-B. PRIMARY PREVENTION INCENTIVE PROGRAM. 1. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY AND SUBJECT TO AVAILABLE APPROPRIATION,
ELIGIBLE EXPENDITURES BY A MUNICIPALITY FOR PRIMARY PREVENTION INCENTIVE
PROGRAMS AND SERVICES SHALL BE SUBJECT TO STATE REIMBURSEMENT FOR UP TO
SIXTY-TWO PERCENT OF THE MUNICIPALITY'S EXPENDITURES, EXCLUSIVE OF ANY
FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, NOT TO EXCEED THE
MUNICIPALITY'S DISTRIBUTION UNDER THE PRIMARY PREVENTION INCENTIVE
PROGRAM. THE STATE FUNDS APPROPRIATED FOR THE PRIMARY PREVENTION INCEN-
TIVE PROGRAM SHALL BE DISTRIBUTED TO ELIGIBLE MUNICIPALITIES BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES BASED ON A PLAN DEVELOPED BY THE
OFFICE AND SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET. THE
OFFICE IS AUTHORIZED, IN ITS DISCRETION, TO MAKE ADVANCES TO A MUNICI-
PALITY IN ANTICIPATION OF SUCH STATE REIMBURSEMENT. ANY CLAIMS SUBMITTED
BY A MUNICIPALITY FOR REIMBURSEMENT FOR A PARTICULAR PROGRAM YEAR FOR
WHICH THE MUNICIPALITY DOES NOT RECEIVE STATE REIMBURSEMENT DURING THAT
PROGRAM YEAR MAY NOT BE CLAIMED AGAINST ANY DISTRIBUTION AMOUNT FOR THE
NEXT PROGRAM YEAR. THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED
TO THE OFFICE ELECTRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE
OFFICE.
2. AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A COUN-
TY, OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE; AND THE TERM
"PRIMARY PREVENTION INCENTIVE PROGRAMS AND SERVICES" SHALL MEAN PROGRAMS
OR SERVICES PROVIDED ON A COMMUNITY BASIS FOR THE PURPOSES OF PREVENTING
CHILD ABUSE AND NEGLECT, AVERTING FAMILY CRISES AND LATER FOSTER CARE
PLACEMENTS FOR FAMILIES THAT ARE NOT AT IMMEDIATE RISK OF FOSTER CARE,
PREVENTING DELINQUENCY, OR PROMOTING POSITIVE YOUTH DEVELOPMENT. PRIMARY
PREVENTION INCENTIVE PROGRAMS AND SERVICES SHALL NOT INCLUDE "PREVENTIVE
SERVICES" AS DEFINED IN SECTION FOUR HUNDRED NINE OF THIS TITLE AND
PROVIDED TO INDIVIDUAL CHILDREN AND THEIR FAMILIES PURSUANT TO SUBDIVI-
S. 2808 107 A. 4008
SION ONE OR TWO OF SECTION FOUR HUNDRED NINE-A OF THE SOCIAL SERVICES
LAW.
3. TWO OR MORE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH, OPERATE
AND MAINTAIN PRIMARY PREVENTION INCENTIVE PROGRAMS AND MAY MAKE AND
PERFORM AGREEMENTS IN CONNECTION THEREWITH. SUCH AGREEMENTS SHALL
INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO BE BORNE BY EACH MUNI-
CIPALITY AND FOR THE MANNER OF EMPLOYMENT OF PERSONNEL AND MAY PROVIDE
THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY SHALL BE THE CUSTODIAN OF
THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSES BY ALL SUCH
MUNICIPALITIES AND THAT SUCH FISCAL OFFICER MAY MAKE PAYMENTS THEREFROM
UPON AUDIT OF THE APPROPRIATE AUDITING BODY OR OFFICER OF HIS OR HER
MUNICIPALITY. IN MAKING CLAIMS FOR STATE REIMBURSEMENT PURSUANT TO THIS
SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS PROPORTIONATE SHARE OF
EXPENDITURES. HOWEVER, WHERE THE AGREEMENT PROVIDES FOR A DISBURSING
MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR THE TOTAL
JOINT PROGRAM EXPENDITURES MADE AND SHALL DISBURSE THE STATE REIMBURSE-
MENT TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE PROPORTIONATE
SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
4. A MUNICIPALITY AND THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR THE
TRUSTEE OF A SCHOOL DISTRICT MAY MAKE AND PERFORM AGREEMENTS PROVIDING
FOR THE OPERATION BY A SCHOOL DISTRICT OF A YOUTH DEVELOPMENT OR SIMILAR
PROGRAM.
5. THE CHIEF EXECUTIVE OFFICER OF EACH MUNICIPALITY MAY DESIGNATE ONE
OR MORE AGENCIES RESPONSIBLE FOR PROVIDING PRIMARY PREVENTION INCENTIVE
PROGRAMS AND SERVICES PURSUANT TO THIS SECTION. PROGRAMS AND SERVICES
SHALL BE TARGETED TO COMMUNITIES HAVING THE HIGHEST NEED FOR SUCH
SERVICES, AND SHALL INCLUDE EVIDENCE-BASED PROGRAMS DEMONSTRATED TO
REDUCE CHILD ABUSE AND NEGLECT, PREVENT FOSTER CARE PLACEMENT, PREVENT
DELINQUENCY OR PROMOTE POSITIVE YOUTH DEVELOPMENT.
6. MUNICIPALITIES MAY APPLY TO THE OFFICE FOR A WAIVER OF ELIGIBILITY
AND ADMINISTRATIVE REQUIREMENTS FOR PRIMARY PREVENTION INCENTIVE
PROGRAMS AND SERVICES. UPON APPROVAL OF THE APPLICATION BY THE OFFICE,
ELIGIBILITY REQUIREMENTS ESTABLISHED IN STATUTE OR REGULATION MAY BE
WAIVED FOR THOSE PERSONS AND COMMUNITIES IDENTIFIED IN THE APPLICATION
AS RECIPIENTS OF THE SERVICES. WHERE SUCH A WAIVER IS APPROVED, THE
OFFICE SHALL HAVE THE AUTHORITY TO ESTABLISH ALTERNATIVE STANDARDS TO BE
FOLLOWED BY THE MUNICIPALITY THAT IS GRANTED A WAIVER. UPON APPROVAL OF
AN APPLICATION FOR SUCH WAIVERS, THE OFFICE APPROVAL MUST SPECIFY THE
REQUIREMENTS BEING WAIVED AND ANY ALTERNATIVE STANDARDS ESTABLISHED.
7. PRIMARY PREVENTION INCENTIVE PROGRAMS AND SERVICES MAY BE PROVIDED
DIRECTLY BY A MUNICIPALITY OR THROUGH PURCHASE OF SERVICE.
S 2. Subdivisions 4, 6 and 7 of section 532-a of the executive law,
subdivisions 4 and 6 as amended by section 14 of part E of chapter 57 of
the laws of 2005, and subdivision 7 as added by section 13 of part G of
chapter 58 of the laws of 2010, are amended to read as follows:
4. "[Approved] CERTIFIED runaway program" shall mean [any non-residen-
tial program approved by the office of children and family services
after submission by the county youth bureau, as part of its comprehen-
sive plan, or] any residential facility which is operated by an author-
ized agency as defined in subdivision ten of section three hundred
seventy-one of the social services law, and [approved] CERTIFIED by the
office of children and family services [after submission by the county
youth bureau as part of its comprehensive plan], established and oper-
ated to provide services to runaway and homeless youth in accordance
with the regulations of the office of temporary and disability assist-
ance and the office of children and family services. Such programs may
S. 2808 108 A. 4008
also provide non-residential crisis intervention and residential respite
services to youth in need of crisis intervention or respite services, as
defined in this section. Residential respite services in [an approved]
A CERTIFIED runaway program may be provided for no more than twenty-one
days in accordance with the regulations of the office of children and
family services.
6. "Transitional independent living support program" shall mean [any
non-residential program approved by the office of children and family
services after submission by the county youth bureau as part of its
comprehensive plan, or] any residential facility [approved] CERTIFIED by
the office of children and family services [after submission by the
county youth bureau as part of its comprehensive plan], established and
operated to provide supportive services, for a period of up to eighteen
months in accordance with the regulations of the office of children and
family services, to enable homeless youth between the ages of sixteen
and twenty-one to progress from crisis care and transitional care to
independent living. Such transitional independent living support program
may also provide services to youth in need of crisis intervention or
respite services. Notwithstanding the time limitation in paragraph (i)
of subdivision (d) of section seven hundred thirty-five of the family
court act, residential respite services may be provided in a transi-
tional independent living support program for a period of more than
twenty-one days.
7. "Safe house" shall mean a residential program for sexually
exploited children as defined in subdivision one of section four hundred
forty-seven-a of the social services law. [An approved] A CERTIFIED
runaway program may operate a short-term safe house, as defined in
subdivision two of section four hundred forty-seven-a of the social
services law, for sexually exploited children. A transitional independ-
ent living support program may operate a long-term safe house for sexu-
ally exploited children.
S 3. The opening paragraph and paragraph (e) of subdivision 1 and
subdivision 2 of section 532-b of the executive law, the opening para-
graph of subdivision 1 as amended by chapter 182 of the laws of 2002,
paragraph (e) of subdivision 1 as amended by chapter 569 of the laws of
1994 and subdivision 2 as added by chapter 722 of the laws of 1978, are
amended to read as follows:
Notwithstanding any other provision of law, pursuant to regulations of
the office of children and family services [an approved] A CERTIFIED
runaway program is authorized to and shall:
(e) assist in arranging for necessary services for runaway or homeless
youth, and where appropriate, their families, including but not limited
to food, shelter, clothing, medical care, education and individual and
family counseling. Where the [approved] CERTIFIED runaway program
concludes that such runaway or homeless youth would be eligible for
assistance, care or services from a local social services district, it
shall assist the youth in securing such assistance, care or services as
the youth is entitled to; and
2. The runaway youth may remain in the program on a voluntary basis
for a period not to exceed thirty days from the date of admission where
the filing of a petition pursuant to article ten of the family court act
is not contemplated, in order that arrangements can be made for the
runaway youth's return home, alternative residential placement pursuant
to section three hundred ninety-eight of the social services law, or any
other suitable plan. If the runaway youth and the parent, guardian or
custodian agree, in writing, the runaway youth may remain in the runaway
S. 2808 109 A. 4008
program up to sixty days without the filing of a petition pursuant to
article ten of the family court act[, provided that in any such case the
facility shall first have obtained the approval of the county runaway
coordinator, who shall notify the county youth bureau of his approval
together with a statement as to the reason why such additional residen-
tial stay is necessary and a description of the efforts being made to
find suitable alternative living arrangements for such youth].
S 4. Subdivision 2 of section 532-c of the executive law, as added by
chapter 722 of the laws of 1978, is amended to read as follows:
2. Where custody of the youth upon leaving the [approved] CERTIFIED
program is assumed by a relative or other person, other than the parent
or guardian, the staff of the program shall so notify the parent or
guardian as soon as practicable after the release of the youth. The
officers, directors or employees of [an approved] A CERTIFIED runaway
program shall be immune from any civil or criminal liability for or
arising out of the release of a runaway or homeless youth to a relative
or other responsible person other than a parent or guardian.
S 5. Subdivisions (a), (c) and (e) of section 532-e of the executive
law, as amended by chapter 182 of the laws of 2002, are amended to read
as follows:
(a) visit, inspect and make periodic reports on the operation and
adequacy of [approved] CERTIFIED runaway programs and transitional inde-
pendent living support programs;
(c) maintain a register of [approved] CERTIFIED runaway programs,
transitional independent living support programs and runaway and home-
less youth service coordinators;
(e) develop and promulgate in consultation with [county youth bureaus
and] organizations or programs which have had past experience dealing
with runaway and homeless youth, regulations concerning the coordination
and integration of services available for runaway and otherwise homeless
youth and prohibiting the disclosure or transferal of any records
containing the identity of individual youth receiving services pursuant
to this section, without the written consent of the youth; and
S 6. Subdivision 3 of section 409-a of the social services law is
REPEALED.
S 7. Subdivisions 2 and 4 of section 447-a of the social services law,
subdivision 2 as added by chapter 569 of the laws of 2008 and subdivi-
sion 4 as amended by section 1 of part G of chapter 58 of the laws of
2010, are amended to read as follows:
2. The term "short-term safe house" means a residential facility oper-
ated by an authorized agency as defined in subdivision ten of section
three hundred seventy-one of this article including a residential facil-
ity operating as part of [an approved] A CERTIFIED runaway program as
defined in subdivision four of section five hundred thirty-two-a of the
executive law or a not-for-profit agency with experience in providing
services to sexually exploited youth and approved in accordance with the
regulations of the office of children and family services that provides
emergency shelter, services and care to sexually exploited children
including food, shelter, clothing, medical care, counseling and appro-
priate crisis intervention services at the time they are taken into
custody by law enforcement and for the duration of any legal proceeding
or proceedings in which they are either the complaining witness or the
subject child. The short-term safe house shall also be available at the
point in time that a child under the age of eighteen has first come into
the custody of juvenile detention officials, law enforcement, local
S. 2808 110 A. 4008
jails or the local commissioner of social services or is residing with
the local runaway and homeless youth authority.
4. The term "safe house" means a residential facility operated by an
authorized agency as defined in subdivision ten of section three hundred
seventy-one of this article including a residential facility operating
as part of [an approved] A CERTIFIED runaway program as defined in
subdivision four of section five hundred thirty-two-a of the executive
law or a not-for-profit agency with experience in providing services to
sexually exploited youth and approved in accordance with the regulations
of the office of children and family services that provides shelter for
sexually exploited children. In addition, a long-term safe house may be
operated by a transitional independent living support program as defined
in subdivision six of section five hundred thirty-two-a of the executive
law. A safe house serving sexually exploited children as defined in this
title shall provide or assist in securing necessary services for such
sexually exploited children either through direct provision of services,
or through written agreements with other community and public agencies
for the provision of services including but not limited to housing,
assessment, case management, medical care, legal, mental health and
substance and alcohol abuse services. Where appropriate such safe house
in accordance with a service plan for such sexually exploited child may
also provide counseling and therapeutic services, educational services
including life skills services and planning services to successfully
transition residents back to the community. Nothing in the provisions of
this title or article nineteen-H of the executive law shall prevent a
child who is the subject of a proceeding which has not reached final
disposition from residing at the safe house for the duration of that
proceeding nor shall it prevent any sexually exploited child who is not
the subject of a proceeding from residing at the safe house. An advocate
employed by a short-term safe house or other appropriate staff of a
short-term safe house shall, to the maximum extent possible, preferably
within twenty-four hours but within no more than seventy-two hours
following a sexually exploited child's admission into the program other
than pursuant to a court order, notify such child's parent, guardian or
custodian of his or her physical and emotional condition and the circum-
stances surrounding the child's presence at the program, unless there
are compelling circumstances why the parent, guardian or custodian
should not be so notified. Where such circumstances exist, the advocate
or other appropriate staff member shall either file an appropriate peti-
tion in the family court, refer the youth to the local social services
district, or in instances where abuse or neglect is suspected, report
such case pursuant to title six of this article.
S 8. Subdivision 1 of section 447-b of the social services law, as
amended by section 2 of part G of chapter 58 of the laws of 2010, is
amended to read as follows:
1. Notwithstanding any inconsistent provision of law, pursuant to
regulations of the office of children and family services, every local
social services district shall as a component of the district's multi-
year consolidated services child welfare services plan address the child
welfare services needs of sexually exploited children and to the extent
that funds are available specifically therefor ensure that a short-term
safe house or another short-term safe placement such as [an approved] A
CERTIFIED runaway and homeless youth program, approved respite or crisis
program providing crisis intervention or respite services or community-
based program to serve sexually exploited children is available to chil-
dren residing in such district. Nothing in this section shall prohibit a
S. 2808 111 A. 4008
local social services district from utilizing existing respite or crisis
intervention services already operated by such social services district
or homeless youth programs or services for victims of human trafficking
pursuant to article ten-D of this chapter so long as the staff members
have received appropriate training approved by the office of children
and family services regarding sexually exploited children and the exist-
ing programs and facilities provide a safe, secure and appropriate envi-
ronment for sexually exploited children. Crisis intervention services,
short-term safe house care and community-based programming may, where
appropriate, be provided by the same not-for-profit agency. Local social
services districts may work cooperatively to provide such short-term
safe house or other short-term safe placement, services and programming
and access to such placement, services and programming may be provided
on a regional basis, provided, however, that every local social services
district shall to the extent that funds are available ensure that such
placement, services and programs shall be readily accessible to sexually
exploited children residing within the district.
S 9. Article 10-A of the social services law is REPEALED.
S 10. This act shall take effect on July 1, 2011; provided however
that section six of this act shall be considered to have been in full
force and effect on and after October 1, 2010.
PART Q
Section 1. This act enacts into law major components of legislation
which are necessary to continue transforming New York's juvenile justice
system. Each component is wholly contained within a Subpart identified
as Subparts A and B. The effective date for each particular provision
contained within such Subpart is set forth in the last section of such
Subpart. Any provision in any section contained within a Subpart,
including the effective date of the Subpart, which makes reference to a
section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Subpart in which it is found. Section three of this act
sets forth the general effective date of this act.
SUBPART A
Section 1. Paragraph (c) of subdivision 15 of section 501 of the exec-
utive law is REPEALED and subdivision (d) is relettered subdivision (c).
S 2. This act shall take effect April 1, 2011.
SUBPART B
Section 1. Subdivision 3 of section 502 of the executive law, as added
by chapter 465 of the laws of 1992, is amended to read as follows:
3. "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three [or seven] of the family
court act, or held pending a hearing for alleged violation of the condi-
tions of release from [a division] AN OFFICE OF CHILDREN AND FAMILY
SERVICES facility or authorized agency, or held pending a hearing for
alleged violation of the condition of parole as a juvenile offender, or
held pending return to a jurisdiction other than the one in which the
youth is held, or held pursuant to a securing order of a criminal court
if the youth named therein as principal is charged as a juvenile offen-
der or held pending a hearing on an extension of placement or held pend-
S. 2808 112 A. 4008
ing transfer to a facility upon commitment or placement by a court. Only
alleged or convicted juvenile offenders who have not attained their
eighteenth birthday shall be subject to detention in a detention facili-
ty.
S 2. Subdivision 4, paragraphs (b) and (c) of subdivision 5 and subdi-
vision 7 of section 503 of the executive law, as amended by chapter 465
of the laws of 1992, are amended to read as follows:
4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall visit
and inspect all facilities used for detention and make periodic reports
of the operation and adequacy of such facilities, and the need for
provision of such facilities to the county executive, if there be one,
the county legislature and the family court judges of the county in
which such facilities are located, and the office of court adminis-
tration. [The department of social services shall cooperate with the
division for youth to make arrangements for joint visitation and
inspection of foster care programs certified by the department of social
services and serving youth detained, in cities having a population of
one million or more, pursuant to article seven of the family court act.]
(b) The [division] OFFICE OF CHILDREN AND FAMILY SERVICES may suspend
a certification for good cause shown. Suspension shall mean that no
persons coming within the provisions of article three [or seven] of the
family court act and no alleged or convicted juvenile offender may be
received for care in a detention facility, but persons already in care
may remain in care. The [division] OFFICE may impose such conditions in
the event of a suspension as it shall deem necessary and proper.
(c) [The division] SUCH OFFICE may revoke a certification for good
cause shown. Revocation shall mean that no persons coming within the
provisions of article three [or seven] of the family court act and no
alleged or convicted juvenile offender may be received for care nor
remain at the detention facility.
7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript of such record to the
[division] OFFICE, social services district, or other agency taking
custody of the youth pursuant to article three [or seven] of the family
court act, before, or at the same time as the youth is delivered to the
[division] OFFICE, district or other agency, as is appropriate.
S 3. The executive law is amended by adding a new section 529-b to
read as follows:
S 529-B. SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM. 1.
(A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ELIGIBLE
EXPENDITURES BY AN ELIGIBLE MUNICIPALITY FOR SERVICES TO DIVERT YOUTH AT
RISK OF, ALLEGED TO BE, OR ADJUDICATED AS JUVENILE DELINQUENTS FROM
PLACEMENT IN DETENTION OR IN RESIDENTIAL CARE SHALL BE SUBJECT TO STATE
REIMBURSEMENT UNDER THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAM FOR UP TO SIXTY-TWO PERCENT OF THE MUNICIPALITY'S EXPENDITURES,
SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH PURPOSES, NOT TO EXCEED THE MUNICIPALITY'S
DISTRIBUTION UNDER THE SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAM.
(B) THE STATE FUNDS APPROPRIATED FOR THE SUPERVISION AND TREATMENT
SERVICES FOR JUVENILES PROGRAM SHALL BE DISTRIBUTED TO ELIGIBLE MUNICI-
PALITIES BY THE OFFICE OF CHILDREN AND FAMILY SERVICES BASED ON A PLAN
DEVELOPED BY THE OFFICE WHICH MAY CONSIDER HISTORICAL INFORMATION
REGARDING THE NUMBER OF YOUTH SEEN AT PROBATION INTAKE FOR AN ALLEGED
ACT OF DELINQUENCY, THE NUMBER OF YOUTH REMANDED TO DETENTION, THE
S. 2808 113 A. 4008
NUMBER OF JUVENILE DELINQUENTS PLACED WITH THE OFFICE, THE NUMBER OF
JUVENILE DELINQUENTS PLACED IN RESIDENTIAL CARE WITH THE MUNICIPALITY,
THE MUNICIPALITY'S REDUCTION IN THE USE OF DETENTION AND RESIDENTIAL
PLACEMENTS, AND OTHER FACTORS AS DETERMINED BY THE OFFICE. SUCH PLAN
DEVELOPED BY THE OFFICE SHALL BE SUBJECT TO THE APPROVAL OF THE DIRECTOR
OF THE BUDGET. THE OFFICE IS AUTHORIZED, IN ITS DISCRETION, TO MAKE
ADVANCE DISTRIBUTIONS TO A MUNICIPALITY IN ANTICIPATION OF STATE
REIMBURSEMENT.
2. AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" SHALL MEAN A COUN-
TY, OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE, AND "SUPER-
VISION AND TREATMENT SERVICES FOR JUVENILES" SHALL MEAN COMMUNITY-BASED
SERVICES OR PROGRAMS DESIGNED TO SAFELY MAINTAIN YOUTH IN THE COMMUNITY
PENDING A FAMILY COURT DISPOSITION AND SERVICES OR PROGRAMS PROVIDED TO
YOUTH ADJUDICATED AS JUVENILE DELINQUENTS TO PREVENT RESIDENTIAL PLACE-
MENT OF SUCH YOUTH OR A RETURN TO PLACEMENT WHERE SUCH YOUTH HAVE BEEN
RELEASED TO THE COMMUNITY FROM RESIDENTIAL PLACEMENT. SUPERVISION AND
TREATMENT SERVICES FOR JUVENILES MAY INCLUDE BUT ARE NOT LIMITED TO
SERVICES OR PROGRAMS THAT:
(A) PROVIDE OR FACILITATE SUPPORT TO SUCH YOUTH FOR MENTAL HEALTH
DISORDERS, SUBSTANCE ABUSE PROBLEMS, OR LEARNING DISABILITIES THAT
CONTRIBUTE TO SUCH YOUTH BEING AT RISK FOR DETENTION, RESIDENTIAL PLACE-
MENT, OR RETURN TO DETENTION OR RESIDENTIAL PLACEMENT;
(B) PROVIDE TEMPORARY RESPITE CARE;
(C) PROVIDE FAMILY THERAPY OR SUPPORT OR EXPLORE ALTERNATE HOUSING
OPTIONS FOR YOUTH WHO ARE AT RISK FOR DETENTION OR PLACEMENT DUE TO THE
ABSENCE OF AN AVAILABLE HOME;
(D) PROVIDE POST-RELEASE SUPPORT WITHIN THE YOUTH'S COMMUNITY; OR
(E) REDUCE ARREST RATES OR RECIDIVISM.
3. (A) THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY SHALL DESIGNATE
A LEAD AGENCY FOR THE PURPOSES OF PLANNING AND ADMINISTERING THE MUNICI-
PALITY'S SUPERVISION AND TREATMENT SERVICES FOR JUVENILES PROGRAM. IN
ORDER FOR A MUNICIPALITY TO BE ELIGIBLE TO RECEIVE REIMBURSEMENT PURSU-
ANT TO THIS SECTION, SUCH MUNICIPALITY MUST SUBMIT AN ANNUAL PLAN TO THE
OFFICE OF CHILDREN AND FAMILY SERVICES DETAILING HOW THE SUPERVISION AND
TREATMENT SERVICES FOR JUVENILES WILL BE PROVIDED WITHIN THE MUNICI-
PALITY. THE MUNICIPALITY SHALL DEVELOP SUCH PLAN IN COOPERATION WITH THE
APPLICABLE LOCAL GOVERNMENTAL DEPARTMENTS RESPONSIBLE FOR PROBATION, LAW
ENFORCEMENT, DETENTION, AND SOCIAL SERVICES; AND WITH THE COURTS,
SERVICE PROVIDERS, SCHOOLS AND YOUTH DEVELOPMENT PROGRAMS. THE PLAN MUST
BE APPROVED BY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY, AND MUST
INCLUDE:
(I) AN ANALYSIS THAT IDENTIFIES THE NEIGHBORHOODS OR COMMUNITIES FROM
WHICH THE GREATEST NUMBER OF JUVENILE DELINQUENTS ARE REMANDED TO
DETENTION OR RESIDENTIALLY PLACED;
(II) WHERE THE USE OF DETENTION OR RESIDENTIAL PLACEMENT IN THE MUNI-
CIPALITY SHOWS A SIGNIFICANT RACIAL OR ETHNIC DISPROPORTIONALITY, A
DESCRIPTION OF HOW THE SERVICES PROPOSED FOR FUNDING WILL ADDRESS SUCH
DISPROPORTIONALITY;
(III) A DESCRIPTION OF HOW THE SERVICES AND PROGRAMS PROPOSED FOR
FUNDING WILL REDUCE THE NUMBER OF YOUTH FROM THE MUNICIPALITY WHO ARE
DETAINED AND RESIDENTIALLY PLACED; HOW SUCH SERVICES AND PROGRAMS ARE
FAMILY-FOCUSED; AND WHETHER SUCH SERVICES AND PROGRAMS ARE CAPABLE OF
BEING REPLICATED ACROSS MULTIPLE SITES;
(IV) A DESCRIPTION OF THE DEMONSTRATED EFFECTIVENESS OF SUCH SERVICES
AND PROGRAMS OR OTHER JUSTIFICATION WHY THE SERVICES AND PROGRAMS ARE
PROPOSED FOR FUNDING;
S. 2808 114 A. 4008
(V) PROJECTED PERFORMANCE OUTCOMES FOR SUCH SERVICES AND PROGRAMS,
INCLUDING AN ESTIMATE OF THE ANTICIPATED REDUCTIONS IN DETENTION UTILI-
ZATION AND RESIDENTIAL PLACEMENTS, AND OTHER PROJECTED POSITIVE OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
(VI) FOR EACH YEAR THAT THE MUNICIPALITY SUBMITS A PLAN AS REQUIRED BY
THIS SECTION, THE MUNICIPALITY MUST PROVIDE THE FOLLOWING INFORMATION
FOR THE MOST RECENT PRECEDING YEAR FOR WHICH SUCH MUNICIPALITY RECEIVED
FUNDING:
(A) THE NUMBER OF YOUTH WHO PARTICIPATED IN THE SERVICES AND PROGRAMS
FUNDED PURSUANT TO THIS SECTION; AND
(B) WHETHER THE SERVICES AND PROGRAMS ACHIEVED THE PROJECTED
REDUCTIONS IN DETENTION UTILIZATION AND RESIDENTIAL PLACEMENTS AND OTHER
PERFORMANCE OUTCOMES.
(B) A MUNICIPALITY'S PLAN SHALL BE SUBMITTED TO THE OFFICE OF CHILDREN
AND FAMILY SERVICES FOR REVIEW AND APPROVAL. THE OFFICE MAY APPROVE ALL
OR PART OF THE PLAN BASED ON THE POTENTIAL EFFECTIVENESS OF THE PLAN.
(I) IF THE OFFICE DOES NOT APPROVE A PLAN, THE MUNICIPALITY SHALL HAVE
SIXTY DAYS TO SUBMIT AN AMENDED PLAN.
(II) UPON APPROVAL OF A PLAN, THE OFFICE SHALL NOTIFY THE MUNICIPALITY
AND POST THE APPROVED PLAN ON THE OFFICE OF CHILDREN AND FAMILY SERVICES
WEBSITE.
(C) ANY CLAIMS SUBMITTED BY A MUNICIPALITY FOR REIMBURSEMENT FOR A
PARTICULAR PROGRAM YEAR FOR WHICH THE MUNICIPALITY DOES NOT RECEIVE
STATE REIMBURSEMENT DURING THE APPLICABLE PROGRAM YEAR MAY NOT BE
CLAIMED AGAINST THAT MUNICIPALITY'S DISTRIBUTION FOR ANY SUCCEEDING
PROGRAM YEAR. THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO
THE OFFICE ELECTRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE
OFFICE.
(D) ANY MUNICIPALITY SUBMITTING CLAIMS FOR REIMBURSEMENT SHALL CERTIFY
TO THE OFFICE THAT SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAM FUNDS WERE NOT USED TO SUPPLANT OTHER STATE AND LOCAL FUNDS, AND
SUCH CLAIMS FOR REIMBURSEMENT ARE NOT FOR THE SAME TYPE AND LEVEL OF
SERVICES THAT THE MUNICIPALITY PROVIDED UNDER ANY CONTRACT IN EXISTENCE
ON SEPTEMBER THIRTIETH, TWO THOUSAND TEN THAT WAS FUNDED OTHER THAN
THROUGH THE OFFICE OF CHILDREN AND FAMILY SERVICES AS COMMUNITY OPTIONAL
PREVENTIVE, ALTERNATIVES TO DETENTION, ALTERNATIVES TO RESIDENTIAL
PLACEMENT, PREVENTIVE, INDEPENDENT LIVING, OR AFTER CARE SERVICES.
4. TWO OR MORE ELIGIBLE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH,
OPERATE AND MAINTAIN SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROGRAMS AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THEREWITH.
SUCH AGREEMENTS SHALL INCLUDE PROVISIONS FOR THE PROPORTIONATE COST TO
BE BORNE BY EACH MUNICIPALITY AND FOR THE MANNER OF EMPLOYMENT OF
PERSONNEL AND MAY PROVIDE THAT A FISCAL OFFICER OF ONE SUCH MUNICIPALITY
SHALL BE THE CUSTODIAN OF THE MONEYS MADE AVAILABLE FOR EXPENDITURE FOR
SUCH PURPOSES BY ALL SUCH MUNICIPALITIES AND THAT SUCH FISCAL OFFICER
MAY MAKE PAYMENTS THEREFROM UPON AUDIT OF THE APPROPRIATE AUDITING BODY
OR OFFICER OF HIS MUNICIPALITY. IN MAKING CLAIMS FOR STATE REIMBURSEMENT
PURSUANT TO THIS SECTION, EACH MUNICIPALITY SHALL CLAIM FOR ITS PROPOR-
TIONATE SHARE OF EXPENDITURES. HOWEVER, WHERE THE AGREEMENT PROVIDES FOR
A DISBURSING MUNICIPALITY, SUCH DISBURSING MUNICIPALITY SHALL CLAIM FOR
THE TOTAL JOINT PROGRAM EXPENDITURES MADE AND SHALL DISBURSE THE STATE
REIMBURSEMENT TO EACH PARTICIPATING MUNICIPALITY BASED UPON THE PROPOR-
TIONATE SHARE OF EACH PARTICIPATING MUNICIPALITY'S EXPENDITURES.
S 4. Subdivisions 1, 2, 2-a, 3 and 4 of section 530 of the executive
law, subdivisions 1, 3 and 4 as amended by chapter 880 of the laws of
1976, subdivision 2 as amended by chapter 920 of the laws of 1982,
S. 2808 115 A. 4008
subdivision 2-a as added and paragraph (a) of subdivision 4 as amended
by chapter 419 of the laws of 1987, the closing paragraph of subdivision
2-a as amended by chapter 465 of the laws of 1992, and paragraph (c) of
subdivision 4 as added by chapter 169 of the laws of 1994, are amended
to read as follows:
1. Definitions. As used in this section, the [terms "local charge" and
"state charge" shall have the meaning ascribed to them in the social
services law] TERM "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY HAVING
A POPULATION OF ONE MILLION OR MORE.
2. Expenditures made by [social services districts] MUNICIPALITIES in
providing care, maintenance and supervision to youth in detention facil-
ities [designated pursuant to sections seven hundred twenty-four and
305.2 of the family court act and certified by the division for youth,]
shall be subject to reimbursement by the state [upon approval by the
division in accordance with its regulations], as follows:
[(1) the full amount expended by the district for care, maintenance
and supervision of state charges;
(2) fifty percent of the amount expended for the care, maintenance and
supervision of local charges where counties conform with requirements of
subdivision B of section two hundred eighteen-a of the county law.
2-a. Expenditures made by the city of New York in providing care,
maintenance and supervision to youth detained pursuant to article seven
of the family court act in foster care facilities approved by the state
department of social services shall be subject to reimbursement by the
state upon the approval of the division, as follows:
(1) the full per diem rate set by the state department of social
services for such programs for the care, maintenance and supervision of
state charges;
(2) fifty percent of the per diem rate set by the state department of
social services for such programs for the care, maintenance and super-
vision of local charges. Notwithstanding the provisions of this subdi-
vision, section three hundred ninety-eight-a of the social services law
shall not apply to facilities certified by the division pursuant to
section five hundred three of this chapter.] (A) NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, ELIGIBLE EXPENDITURES BY A MUNICI-
PALITY FOR THE CARE MAINTENANCE AND SUPERVISION IN SECURE AND NON-SECURE
DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES IN ACCORDANCE WITH SECTION FIVE HUNDRED THREE OF THIS ARTICLE
PROVIDED DURING A PARTICULAR PROGRAM YEAR FOR THOSE YOUTH ALLEGED TO BE
JUVENILE DELINQUENTS; ADJUDICATED JUVENILE DELINQUENTS HELD PENDING
TRANSFER TO A FACILITY UPON PLACEMENT, AND JUVENILE DELINQUENTS HELD AT
THE REQUEST OF THE OFFICE OF CHILDREN AND FAMILY SERVICES PENDING EXTEN-
SION OF PLACEMENT HEARINGS OR RELEASE REVOCATION HEARINGS OR WHILE
AWAITING DISPOSITION OF SUCH HEARINGS; AND YOUTH ALLEGED TO BE OR
CONVICTED AS JUVENILE OFFENDERS SHALL BE SUBJECT TO STATE REIMBURSEMENT
FOR UP TO FIFTY PERCENT OF THE MUNICIPALITY'S EXPENDITURES, EXCLUSIVE OF
ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, NOT TO EXCEED THE
MUNICIPALITY'S DISTRIBUTION FROM FUNDS THAT HAVE BEEN APPROPRIATED
SPECIFICALLY THEREFOR FOR THAT PROGRAM YEAR; PROVIDED, FURTHER, HOWEVER,
THAT COMMENCING JANUARY FIRST, TWO THOUSAND TWELVE, REIMBURSEMENT FROM A
MUNICIPALITY'S DISTRIBUTION FOR YOUTH ALLEGED TO BE JUVENILE DELINQUENTS
SHALL ONLY BE AVAILABLE FOR THOSE YOUTH WHO HAVE BEEN ASSESSED PURSUANT
TO A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES AS HIGH RISK FOR: NOT APPEARING IN COURT ON
THE RETURN DATE; OR, BEFORE SUCH RETURN DATE, FOR COMMITTING AN ACT
WHICH IF COMMITTED BY AN ADULT WOULD CONSTITUTE A CRIME. MUNICIPALITIES
S. 2808 116 A. 4008
SHALL IMPLEMENT THE USE OF DETENTION RISK ASSESSMENT INSTRUMENTS IN A
MANNER PRESCRIBED BY THE OFFICE SO AS TO INFORM DETENTION DECISIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, DATA
NECESSARY FOR COMPLETION OF A DETENTION RISK ASSESSMENT INSTRUMENT AND
CLAIMING REIMBURSEMENT FOR DETENTION SHALL BE SHARED BETWEEN LAW
ENFORCEMENT, PROBATION, COURTS, DETENTION ADMINISTRATORS, AND DETENTION
PROVIDERS, AND A COPY OF THE COMPLETED DETENTION RISK ASSESSMENT INSTRU-
MENT SHALL BE MADE AVAILABLE TO THE APPLICABLE DETENTION PROVIDER.
(B) THE STATE FUNDS APPROPRIATED FOR JUVENILE DETENTION SERVICES SHALL
BE DISTRIBUTED TO ELIGIBLE MUNICIPALITIES BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES BASED ON A PLAN DEVELOPED BY THE OFFICE WHICH MAY
CONSIDER HISTORICAL INFORMATION REGARDING THE NUMBER OF YOUTH REMANDED
TO DETENTION, THE MUNICIPALITY'S REDUCTION IN THE USE OF DETENTION, THE
MUNICIPALITY'S YOUTH POPULATION, AND OTHER FACTORS AS DETERMINED BY THE
OFFICE. SUCH PLAN DEVELOPED BY THE OFFICE SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET. THE OFFICE IS AUTHORIZED, IN ITS
DISCRETION, TO MAKE ADVANCE DISTRIBUTIONS TO A MUNICIPALITY IN ANTIC-
IPATION OF STATE REIMBURSEMENT.
(C) A MUNICIPALITY MAY ALSO USE THE FUNDS DISTRIBUTED TO IT FOR JUVE-
NILE DETENTION SERVICES UNDER THIS SECTION FOR A PARTICULAR PROGRAM YEAR
FOR FIFTY PERCENT STATE REIMBURSEMENT FOR SUPERVISION AND TREATMENT
SERVICES FOR JUVENILES PROGRAMS PROVIDED DURING AN APPLICABLE PROGRAM
YEAR TO AT-RISK, ALLEGED OR ADJUDICATED JUVENILE DELINQUENTS IN COMMUNI-
TY-BASED NON-RESIDENTIAL SETTINGS THAT HAVE NOT OTHERWISE BEEN SUBJECT
TO STATE REIMBURSEMENT UNDER SECTION FIVE HUNDRED TWENTY-NINE-B OF THIS
TITLE. ANY CLAIMS SUBMITTED BY A MUNICIPALITY FOR REIMBURSEMENT FOR
DETENTION SERVICES OR SUPERVISION AND TREATMENT SERVICES FOR JUVENILES
PROVIDED DURING A PARTICULAR PROGRAM YEAR FOR WHICH THE MUNICIPALITY
DOES NOT RECEIVE STATE REIMBURSEMENT FROM THE MUNICIPALITY'S DISTRIB-
UTION OF DETENTION SERVICES FUNDS FOR THAT PROGRAM YEAR MAY NOT BE
CLAIMED AGAINST THE MUNICIPALITY'S DISTRIBUTION OF FUNDS AVAILABLE UNDER
THIS SECTION FOR THE NEXT APPLICABLE PROGRAM YEAR. THE OFFICE MAY
REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELECTRONICALLY AT
SUCH TIMES AND IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
3. Wherever detention services are not provided directly or indirectly
by a [social services district] MUNICIPALITY, the [district] MUNICI-
PALITY shall act as the intermediary between the [division] OFFICE OF
CHILDREN AND FAMILY SERVICES and the agency lawfully providing such
services, for the purpose of claiming and receiving reimbursement,
furnishing financial information and obtaining approval for reserved
accommodations pursuant to this section.
4. (a) The [social services districts] MUNICIPALITY must notify the
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES of state aid
received under other state aid formulas by each detention facility[,
and, in the city of New York, by each foster care facility which is
providing care, maintenance and supervision] for which the [district]
MUNICIPALITY is seeking reimbursement pursuant to this section, includ-
ing but not limited to, aid for education, probation and mental health
services.
(b) In computing reimbursement to the [social services districts]
MUNICIPALITY pursuant to this section, the [division] OFFICE shall
insure that the aggregate of state aid under all state aid formulas
shall not exceed fifty percent of the cost of care, maintenance and
supervision provided TO detainees ELIGIBLE FOR STATE REIMBURSEMENT UNDER
SUBDIVISION TWO OF THIS SECTION, exclusive of federal aid for such
S. 2808 117 A. 4008
purposes NOT TO EXCEED THE AMOUNT OF THE MUNICIPALITY'S DISTRIBUTION
UNDER THE JUVENILE DETENTION SERVICES PROGRAM.
(c) Reimbursement for administrative related expenditures as defined
by the [director of the division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, for secure and nonsecure detention services shall not
exceed seventeen percent of the total approved expenditures for facili-
ties of twenty-five beds or more and shall not exceed twenty-one percent
of the total approved expenditures for facilities with less than twen-
ty-five beds.
S 5. Subparagraphs 1, 2 and 4 of paragraph (a) and paragraph (b) of
subdivision 5 of section 530 of the executive law, as amended by chapter
920 of the laws of 1982, subparagraph 4 of paragraph (a) as added by
chapter 419 of the laws of 1987, are amended to read as follows:
(1) temporary care, maintenance and supervision provided alleged juve-
nile delinquents [and persons in need of supervision] in detention
facilities certified pursuant to [sections seven hundred twenty-four
and] SECTION 305.2 of the family court act by the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES, pending adjudication of alleged
delinquency [or alleged need of supervision] by the family court, or
pending transfer to institutions to which committed or placed by such
court or while awaiting disposition by such court after adjudication or
held pursuant to a securing order of a criminal court if the person
named therein as principal is under sixteen; or,
(2) temporary care, maintenance and supervision provided juvenile
delinquents [and persons in need of supervision] in approved detention
facilities at the request of the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES pending release revocation hearings or while await-
ing disposition after such hearings; or
[(4) temporary care, maintenance and supervision provided youth
detained in the city of New York in foster care facilities pursuant to
article seven of the family court act.]
(b) Payments made for reserved accommodations, whether or not in full
time use, approved by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and certified pursuant to [sections seven hundred twen-
ty-four and] SECTION 305.2 of the family court act, in order to assure
that adequate accommodations will be available for the immediate recep-
tion and proper care therein of youth for which detention costs are
reimbursable pursuant to paragraph (a) of this subdivision, shall be
reimbursed as expenditures for care, maintenance and supervision [of
local charges] under the provisions of this section, provided the [divi-
sion] OFFICE shall have given its prior approval for reserving such
accommodations.
S 6. Subdivisions 7 and 8 of section 530 of the executive law are
REPEALED and subdivision 9, as added by section 2 of part C of chapter
83 of the laws of 2002, is renumbered subdivision 7 and amended to read
as follows:
7. The agency administering detention for each county and the city of
New York shall submit to the office of children and family services, AT
SUCH TIMES AND in such form and manner AND CONTAINING SUCH INFORMATION
as required by the office of children and family services, [a quarterly]
AN ANNUAL report on youth remanded pursuant to article three [or seven]
of the family court act who are detained [for forty-five days or more in
any twelve month period] DURING EACH CALENDAR YEAR INCLUDING, COMMENCING
JANUARY FIRST, TWO THOUSAND TWELVE, THE RISK LEVEL OF EACH DETAINED
YOUTH AS ASSESSED BY A DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE OFFICE MAY REQUIRE THAT
S. 2808 118 A. 4008
SUCH DATA ON DETENTION USE BE SUBMITTED TO THE OFFICE ELECTRONICALLY.
Such report shall include, but not be limited to[:], the reason for the
court's determination in accordance with section 320.5 [or seven hundred
thirty-nine] of the family court act to detain the youth; the offense or
offenses with which the youth is charged; and all other reasons why the
youth remains detained. [Detention agencies shall submit each quarterly
report to the office within thirty days of the end of the quarter and
the office shall submit a compilation of all of the separate reports for
the quarter to the governor and the legislature within forty-five days
of the end of the quarter. The first quarterly report shall cover the
last quarter of two thousand two.]
S 7. Subdivision (c) of section 531 of the executive law, as added by
chapter 43 of the laws of 1978, is amended to read as follows:
(c) expenditures made by each [such social services district] MUNICI-
PALITY for the care, maintenance and supervision of youths in secure and
non-secure detention for which reimbursement is approved pursuant to
section five hundred thirty of this [chapter, or for which reimbursement
is due to the state pursuant to subdivision seven of such section]
TITLE, including the numbers of such youths in each category of
detention facility and the per diem rates charged.
S 8. Paragraphs (iv) and (v) of subdivision (a) of section 213 of the
family court act, as amended by chapter 920 of the laws of 1982, are
amended to read as follows:
(iv) the number of children released and the number detained under
[sections seven hundred twenty-eight and] SECTION 307.4;
(v) the number of alleged juvenile delinquents released and the number
detained under section 320.5 [and the number of alleged persons in need
of supervision released and detained under section seven hundred thir-
ty-nine,] and the duration of the detention [in both groups];
S 9. Paragraph (b) of subdivision 3 of section 320.5 of the family
court act, as added by section 1 of part DD of chapter 57 of the laws of
2008, is amended to read as follows:
(b) Any finding directing detention pursuant to paragraph (a) of this
subdivision made by the court shall state the facts, THE LEVEL OF RISK
THE YOUTH WAS ASSESSED PURSUANT TO A DETENTION RISK ASSESSMENT INSTRU-
MENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, and THE
reasons for such finding INCLUDING, IF A DETERMINATION IS MADE TO PLACE
A YOUTH IN DETENTION WHO WAS ASSESSED AT A LOW OR MEDIUM RISK ON SUCH A
RISK ASSESSMENT INSTRUMENT, THE PARTICULAR REASONS WHY DETENTION WAS
DETERMINED TO BE NECESSARY.
S 10. Subdivisions (b), (c) and (d) of section 712 and sections 720,
727, 728, 729, 739, 747 and 748 of the family court act are REPEALED.
S 11. Subdivision (a) and paragraphs (iii) and (iv) of subdivision (b)
of section 735 of the family court act, as added by section 7 of part E
of chapter 57 of the laws of 2005, are amended to read as follows:
(a) Each county and any city having a population of one million or
more shall offer diversion services as defined in section seven hundred
twelve of this article to youth who are at risk of being the subject of
a person in need of supervision petition. Such services shall be
designed to provide an immediate response to families in crisis, to
identify and utilize appropriate [alternatives to detention and]
SERVICES AND PROGRAMS to divert youth from being the subject of a peti-
tion in family court. Each county and such city shall designate either
the local social services district or the probation department as lead
agency for the purposes of providing diversion services.
S. 2808 119 A. 4008
(iii) assess whether the youth would benefit from residential respite
services[; and
(iv) determine whether alternatives to detention are appropriate to
avoid remand of the youth to detention].
S 12. Paragraph (a) of subdivision 2 of section 754 of the family
court act, as amended by chapter 7 of the laws of 1999, is amended to
read as follows:
(a) The order shall state the court's reasons for the particular
disposition. If the court places the child in accordance with section
seven hundred fifty-six of this part, the court in its order shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able efforts were made prior to the date of the dispositional hearing
held pursuant to this article to prevent or eliminate the need for
removal of the child from his or her home and, if the child was removed
from his or her home prior to the date of such hearing, that such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly home. If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that the lack of such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii) in the
case of a child who has attained the age of sixteen, the services need-
ed, if any, to assist the child to make the transition from foster care
to independent living. [Nothing in this subdivision shall be construed
to modify the standards for directing detention set forth in section
seven hundred thirty-nine of this article.]
S 13. Subdivision (c) of section 756 of the family court act is
REPEALED and subdivision (b), as amended by chapter 7 of the laws of
1999, is amended to read as follows:
(b) Placements under this section may be for an initial period of
twelve months. The court may extend a placement pursuant to section
seven hundred fifty-six-a. In its discretion, the court may recommend
restitution or require services for public good pursuant to section
seven hundred fifty-eight-a in conjunction with an order of placement.
For the purposes of calculating the initial period of placement, such
placement shall be deemed to have commenced sixty days after the date
the child was removed from his or her home in accordance with the
provisions of this article. [If the respondent has been in detention
pending disposition, the initial period of placement ordered under this
section shall be credited with and diminished by the amount of time
spent by the respondent in detention prior to the commencement of the
placement unless the court finds that all or part of such credit would
not serve the best interests of the respondent.]
S 14. Section 774 of the family court act is amended to read as
follows:
S 774. Action on petition for transfer. On receiving a petition under
section seven hundred seventy-three, the court may proceed under
sections seven hundred thirty-seven, OR seven hundred thirty-eight [or
seven hundred thirty-nine] with respect to the issuance of a summons or
warrant [and sections seven hundred twenty-seven and seven hundred twen-
ty-nine govern questions of detention and failure to comply with a prom-
ise to appear]. Due notice of the petition and a copy of the petition
shall also be served personally or by mail upon the office of the local-
ity chargeable for the support of the person involved and upon the
person involved and his parents and other persons.
S. 2808 120 A. 4008
S 15. Subdivision 12 of section 153 of the social services law is
REPEALED.
S 16. Subdivision 12 of section 398 of the social services law, as
added by chapter 419 of the laws of 1987, is amended to read as follows:
12. A social services official shall be permitted to place persons
adjudicated in need of supervision or delinquent[, and in cities having
a population of one million or more alleged persons to be in need of
supervision and persons adjudicated in need of supervision in detention
pending transfer to a placement,] in the same foster care facilities as
are providing care to destitute, neglected, abused or abandoned chil-
dren. Such foster care facilities shall not provide care to a youth in
the care of a social services official as a convicted juvenile offender.
S 17. The section heading, opening paragraph and paragraph 2 of subdi-
vision A and subdivisions B and C of section 218-a of the county law,
the section heading as amended by chapter 880 of the laws of 1976, the
opening paragraph of subdivision A as amended by chapter 465 of the laws
of 1992, paragraph 2 of subdivision A as amended by chapter 555 of the
laws of 1978, subdivision B as amended by chapter 419 of the laws of
1987 and subdivision C as added by section 12 of part E of chapter 57 of
the laws of 2005, are amended to read as follows:
County detention facilities for [juvenile delinquents and persons in
need of supervision] JUVENILES.
To assure that suitable and conveniently accessible accommodations and
proper and adequate detention in secure and non-secure detention facili-
ties, as defined in section five hundred two of the executive law and
the regulations of the [division for youth] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, will be available when required for the temporary care,
maintenance and security of alleged and convicted juvenile offenders,
AND alleged and adjudicated juvenile delinquents [and alleged and adju-
dicated persons in need of supervision]. Such regulations shall not
require any county to provide temporary care in a secure detention
facility for residents of any other county except upon a space available
basis. The county executive, if there be one, otherwise the board of
supervisors shall designate the agency of county government responsible
for the administration of the county juvenile detention program and
shall so advise the [New York state division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES, and may make provisions therefor as follows:
2. Authorize a contract between its county and one or more other coun-
ties, which is or are operating a conveniently accessible detention
facility certified by the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES and in compliance with regulations of the [division for
youth] OFFICE, providing for the reception, temporary accommodation and
care in such facility of alleged or adjudicated juvenile delinquents
[and persons in need of supervision] held for or at the direction of its
family court, for and in consideration of the payments to be made there-
for, on a per capita basis, pursuant to the terms of such contract.
B. Notwithstanding any other provision of law, each board of supervi-
sors shall provide or assure the availability of conveniently accessible
and adequate non-secure detention facilities, certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES, as resources
for the family court in the county pursuant to [articles seven and]
ARTICLE three of the family court act, to be operated in compliance with
the regulations of the [division for youth] OFFICE for the temporary
care and maintenance of alleged and adjudicated juvenile delinquents
[and persons in need of supervision] held for or at the direction of a
family court.
S. 2808 121 A. 4008
C. Each county shall offer diversion services to children who are at
risk of being the subject of a petition under article seven of the fami-
ly court act. Such services shall be designed to provide an immediate
response to families in crisis and to identify and utilize appropriate
[alternatives to juvenile detention] SERVICES.
S 18. This act shall take effect July 1, 2011; provided, however, a
person held in a detention facility or, in the city of New York,
remanded to a foster care facility, pursuant to articles 3 or 7 of the
family court act prior to the effective date of this act shall be
governed by the provisions of law in effect at the time that such person
was detained or remanded; and provided, further, however, section nine
of this act shall take effect January 1, 2012.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.
PART R
Section 1. Paragraph (f) of subdivision 1 of section 424-a of the
social services law, as amended by chapter 441 of the laws of 1993, is
amended to read as follows:
(f) The [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall
charge a fee of [five] SIXTY dollars when[, pursuant to regulations of
the department,] it conducts a search of its records within the state-
wide central register for child abuse or maltreatment in accordance with
this section or regulations of the [department] OFFICE to determine
whether an applicant for employment [as specified in paragraph (b) of
this subdivision] is the subject of an indicated child abuse or
maltreatment report[, except that fees shall not be charged for requests
for screenings related to applications for] INCLUDING AN APPLICANT TO BE
A child day care [providers or for employment with child day care
providers including requests] PROVIDER AND A REQUEST made pursuant to
subdivision six of this section. Such fees shall be deposited in [an] A
SPECIAL REVENUE - OTHER account and shall be made available to the
[department] OFFICE for costs incurred in the implementation of this
section. [Procedures for payment of such fees shall be established by
the regulations of the department.]
S 2. This act shall take effect immediately and shall apply to any
request for a search of the records of the statewide central register of
child abuse or maltreatment that is received by the office of children
and family services on or after April 1, 2011.
PART S
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
S. 2808 122 A. 4008
part I of chapter 58 of the laws of 2010, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least $130.00 for each month beginning on or after January
first, two thousand [ten] ELEVEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least $150.00 for each month beginning on or after
January first, two thousand [ten] ELEVEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [ten] ELEVEN.
(d) for the period commencing January first, two thousand [eleven]
TWELVE, the monthly personal needs allowance shall be an amount equal to
the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [eleven] TWELVE, but prior to June thirtieth, two thousand
[eleven] TWELVE, rounded to the nearest whole dollar.
S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
I of chapter 58 of the laws of 2010, are amended to read as follows:
(a) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual living alone, $761.00; and for an eligible couple
living alone, $1115.00.
(b) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual living with others with or without in-kind income,
$697.00; and for an eligible couple living with others with or without
in-kind income, $1057.00.
(c) On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving family care, $940.48 if he or she is
receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving family care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland, two times the amount set forth in
subparagraph (i) of this paragraph; or (iii) for an eligible individual
receiving such care in any other county in the state, $902.48; and (iv)
for an eligible couple receiving such care in any other county in the
state, two times the amount set forth in subparagraph (iii) of this
paragraph.
(d) On and after January first, two thousand [ten] ELEVEN, (i) for an
eligible individual receiving residential care, $1109.00 if he or she is
receiving such care in the city of New York or the county of Nassau,
Suffolk, Westchester or Rockland; and (ii) for an eligible couple
receiving residential care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, $1079.00; and
(iv) for an eligible couple receiving such care in any other county in
the state, two times the amount set forth in subparagraph (iii) of this
paragraph.
(e) (i) On and after January first, two thousand [ten] ELEVEN, for an
eligible individual receiving enhanced residential care, $1368.00; and
S. 2808 123 A. 4008
(ii) for an eligible couple receiving enhanced residential care, two
times the amount set forth in subparagraph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [eleven] TWELVE but
prior to June thirtieth, two thousand [eleven] TWELVE.
S 3. This act shall take effect December 31, 2011.
PART T
Section 1. Subdivision 1 of section 341 of the social services law, as
amended by section 1 of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
1. (a) Consistent with federal law and regulations and this title, if
a participant has failed or refused to comply with the requirements of
this title, the social services district shall issue a notice in plain
language indicating that such failure or refusal has taken place, THE
EFFECT OF SUCH NONCOMPLIANCE ON THE PARTICIPANT'S PUBLIC ASSISTANCE
BENEFITS, and of the right of such participant to conciliation to
resolve the reasons for such failure or refusal to avoid a pro-rata
reduction OR DISCONTINUANCE in public assistance benefits for a period
of time set forth in section three hundred forty-two of this title. The
notice shall indicate the specific instance or instances of willful
refusal or failure to comply without good cause with the requirements of
this title and the necessary actions that must be taken to avoid a pro-
rata reduction OR DISCONTINUANCE in public assistance benefits. The
notice shall indicate that the participant has [seven] TEN days to
request conciliation with the district regarding such failure or refusal
[in the case of a safety net participant and ten days in the case of a
family assistance participant]. PROVIDED, HOWEVER, THAT FOR A MEMBER OF
A HOUSEHOLD WITH DEPENDENT CHILDREN WHO DOES NOT REQUEST A CONCILIATION
CONFERENCE WITHIN THE TEN DAY PERIOD, THE LOCAL SOCIAL SERVICES DISTRICT
SHALL MAKE AN ADDITIONAL EFFORT TO CONTACT THE HOUSEHOLD, INCLUDING A
REASONABLE ATTEMPT FOR TELEPHONE CONTACT, TO OFFER CONCILIATION AND TO
INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST CONCILIATION. The
notice shall also include an explanation in plain language of what would
constitute good cause for non-compliance and examples of acceptable
forms of evidence that may warrant an exemption from work activities,
including evidence of domestic violence, and physical or mental health
limitations that may be provided at the conciliation conference to
demonstrate such good cause for failure to comply with the requirements
of this title. SUCH NOTICE SHALL ALSO INCLUDE INFORMATION TO EXPLAIN
THE BENEFITS OF COMPLIANCE, INCLUDING THE AVAILABILITY OF GUARANTEED
CHILD CARE BENEFITS. If the participant does not contact the district
within the specified number of days, the district shall issue ten days
notice of intent to discontinue or reduce assistance, pursuant to regu-
lations of the department. Such notice shall also include a statement of
the participant's right to a fair hearing relating to such discontin-
uance or reduction. If such participant contacts the district within
[seven days in the case of a safety net participant or within ten days
in the case of a family assistance participant] THE SPECIFIED NUMBER OF
DAYS, it will be the responsibility of the participant to give reasons
for such failure or refusal.
(b) Unless the district determines as a result of such conciliation
process that such failure or refusal was willful and was without good
S. 2808 124 A. 4008
cause, no further action shall be taken. If the district determines that
such failure or refusal was willful and without good cause, the district
shall notify such participant in writing, in plain language and in a
manner distinct from any previous notice, by issuing ten days notice of
its intent to discontinue or reduce assistance. Such notice shall
include the reasons for such determination, the specific instance or
instances of willful refusal or failure to comply without good cause
with the requirements of this title, the necessary actions that must be
taken to avoid a pro-rata reduction OR DISCONTINUANCE in public assist-
ance benefits, and the right to a fair hearing relating to such discon-
tinuance or reduction. Unless extended by mutual agreement of the
participant and the district, conciliation shall terminate and a deter-
mination shall be made within [fourteen] THIRTY days of the date a
request for conciliation is made [in the case of a safety net partic-
ipant or within thirty days of the conciliation notice in the case of a
family assistance participant].
S 2. Subdivision 5 of section 341 of the social services law is
REPEALED and subdivision 6 is renumbered subdivision 5.
S 3. Subdivisions 2 and 3 of section 342 of the social services law,
as added by section 148 of part B of chapter 436 of the laws of 1997,
are amended to read as follows:
2. [In] NOTWITHSTANDING SUBDIVISION EIGHT OF SECTION ONE HUNDRED
FIFTY-THREE OF THIS ARTICLE, IN the case of an applicant for or recipi-
ent of public assistance [who is a parent or caretaker of a dependent
child], the public assistance benefits otherwise available to the house-
hold of which such individual is a member shall be [reduced pro-rata]:
(a) REDUCED PRO-RATA for the first instance of failure to comply with-
out good cause with the requirement of this article until the individual
is willing to comply;
(b) TERMINATED AND CASE CLOSED for the second instance of failure to
comply without good cause with the requirements of this article[, for a
period of three months and thereafter] until the individual is willing
to comply;
(c) TERMINATED AND CASE CLOSED for the third and all subsequent
instances of failure to comply without good cause with the requirements
of this article, for a period of six months [and thereafter] OR until
the individual is willing to comply, WHICHEVER PERIOD IS LONGER.
3. [In the case of an individual who is a member of a household with-
out dependent children applying for or in receipt of safety net assist-
ance the public assistance benefits otherwise available to the household
of which such individual is a member shall be reduced pro-rata:
(a) for the first such failure or refusal, until the failure or
refusal ceases or ninety days, which ever period of time is longer;
(b) for the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
(c) for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of time
is longer.] WITH RESPECT TO THE SANCTIONS SET FORTH IN SUBDIVISION TWO
OF THIS SECTION, IF THE INDIVIDUAL COMPLIES WITH THE REQUIREMENT OF THIS
ARTICLE WITHIN THE SIX-MONTH MINIMUM SANCTION DURATIONS SET FORTH IN
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION THE HOUSEHOLD SHALL
RECEIVE A PRO-RATA REDUCED GRANT FOR THE REMAINING MINIMUM PERIOD.
CONTINUED COMPLIANCE AFTER THE MINIMUM DURATION SHALL RESTORE THE GRANT
TO THE FULL AMOUNT.
S 4. The office of temporary and disability assistance, in consulta-
tion with the office of children and family services, shall submit a
S. 2808 125 A. 4008
report to the chairperson of the senate finance committee, the chair-
person of the assembly ways and means committee, and the director of the
division of budget on the implementation of the full family sanction
policy. Such report shall include the number of sanctioned cases that
had their case closed due to the new sanction policy, the monthly bene-
fit of those sanctioned cases that had their cases closed and the number
of sanctioned cases involving case closure that subsequently were
reopened upon demonstrated willingness to comply with work requirements.
Such report shall also determine if there were child welfare referrals
made since October, 1, 2011 that were a function of the new sanction
policy. This report shall be submitted by December 31, 2012.
S 5. This act shall take effect October 1, 2011 and shall expire on
September 30, 2013, when upon such date the provisions of this act shall
be deemed repealed.
PART U
Section 1. Paragraph (a-2) of subdivision 2 of section 131-a of the
social services law, as added by section 1 of part Y of chapter 57 of
the laws of 2009, is amended to read as follows:
(a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand [eleven] TWELVE, the following schedule
shall be the standard of monthly need for determining eligibility for
all categories of assistance in and by all social services districts:
Number of Persons in Household
One Two Three Four Five Six
$141 $225 $300 $386 $477 $551
For each additional person in the household there shall be added an
additional amount of seventy-five dollars monthly.
S 2. Paragraph (a-3) of subdivision 2 of section 131-a of the social
services law, as added by section 1 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
(a-3) For the period beginning July first, two thousand [eleven]
TWELVE and thereafter, the following schedule shall be the standard of
monthly need for determining eligibility for all categories of assist-
ance in and by all social services districts:
Number of Persons in Household
One Two Three Four Five Six
$158 $252 $335 $432 $533 $616
For each additional person in the household there shall be added an
additional amount of eighty-four dollars monthly.
S 3. Paragraph (a-2) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
(a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand [eleven] TWELVE, persons and families
determined to be eligible by the application of the standard of need
prescribed by the provisions of subdivision two of this section, less
any available income or resources which are not required to be disre-
garded by other provisions of this chapter, shall receive maximum month-
ly grants and allowances in all social services districts, in accordance
with the following schedule, for public assistance:
Number of Persons in Household
One Two Three Four Five Six
$141 $225 $300 $386 $477 $551
S. 2808 126 A. 4008
For each additional person in the household there shall be added an
additional amount of seventy-five dollars monthly.
S 4. Paragraph (a-3) of subdivision 3 of section 131-a of the social
services law, as added by section 2 of part Y of chapter 57 of the laws
of 2009, is amended to read as follows:
(a-3) For the period beginning July first, two thousand [eleven]
TWELVE and thereafter, persons and families determined to be eligible by
the application of the standard of need prescribed by the provisions of
subdivision two of this section, less any available income or resources
which are not required to be disregarded by other provisions of this
chapter, shall receive maximum monthly grants and allowances in all
social services districts, in accordance with the following schedule,
for public assistance:
Number of Persons in Household
One Two Three Four Five Six
$158 $252 $335 $432 $533 $616
For each additional person in the household there shall be added an
additional amount of eighty-four dollars monthly.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.
PART V
Section 1. Article 16 and article 17 of the private housing finance
law are REPEALED.
S 2. The private housing finance law is amended by adding a new arti-
cle 27 to read as follows:
ARTICLE XXVII
NEIGHBORHOOD AND RURAL PRESERVATION PROGRAM
SECTION 1230. PURPOSE.
1231. DEFINITIONS.
1232. PROGRAM CONTRACTS.
1233. RULES AND REGULATIONS.
1234. RELATIONSHIP TO OTHER LAWS.
S 1230. PURPOSE. THERE CONTINUE TO EXIST IN ALL AREAS OF THE STATE
SIGNIFICANT UNMET HOUSING NEEDS OF PERSONS AND FAMILIES OF LOW INCOME,
NUMEROUS HOUSING UNITS WHICH ARE DETERIORATING OR IN NEED OF REHABILI-
TATION OR IMPROVEMENT, AND RELATED FACTORS DEMONSTRATING A NEED FOR
ATTENTION TO HOUSING PRESERVATION AND COMMUNITY REVITALIZATION. IT IS
THE PURPOSE OF THIS ARTICLE TO ESTABLISH A NEIGHBORHOOD AND RURAL PRES-
ERVATION PROGRAM WITHIN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.
S 1231. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE STATE DIVISION OF
HOUSING AND COMMUNITY RENEWAL.
2. "DIVISION" SHALL MEAN THE STATE DIVISION OF HOUSING AND COMMUNITY
RENEWAL.
3. "NEIGHBORHOOD OR RURAL PRESERVATION CORPORATIONS" SHALL MEAN CORPO-
RATIONS ORGANIZED UNDER THE PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION
LAW THAT HAVE BEEN ENGAGED PRIMARILY IN HOUSING PRESERVATION AND COMMU-
NITY RENEWAL ACTIVITIES AS DEFINED IN SUBDIVISION SIX OF THIS SECTION.
4. "ELIGIBLE APPLICANT" SHALL MEAN ANY NEIGHBORHOOD OR RURAL PRESERVA-
TION CORPORATION OR COMBINATION OF CORPORATIONS IN EXISTENCE FOR A PERI-
OD OF ONE OR MORE YEARS PRIOR TO APPLICATION.
5. "REGION" SHALL MEAN ANY NEIGHBORHOOD OR RURAL AREA WITHIN THE STATE
SUCH AS A COUNTY, CITY, TOWN, VILLAGE, POSTAL ZONE, OR CENSUS TRACT OR
ANY SPECIFIED PART OR COMBINATION THEREOF OR AS OTHERWISE APPROVED BY
S. 2808 127 A. 4008
THE COMMISSIONER, WITHIN WHICH HOUSING PRESERVATION AND COMMUNITY
RENEWAL ACTIVITIES FUNDED IN PART PURSUANT TO THIS ARTICLE ARE TO BE
CARRIED OUT.
6. "HOUSING PRESERVATION AND COMMUNITY RENEWAL ACTIVITIES" INCLUDE:
(A) THE NEW CONSTRUCTION OR THE ACQUISITION, MAINTENANCE, PRESERVATION,
REPAIR, REHABILITATION OR OTHER IMPROVEMENT OF VACANT OR OCCUPIED HOUS-
ING ACCOMMODATIONS; DEMOLITION OR SEALING OF VACANT STRUCTURES WHERE
NECESSARY OR APPROPRIATE; DISPOSITION OF HOUSING ACCOMMODATIONS TO PRES-
ENT OR POTENTIAL OCCUPANTS OR CO-OPERATIVE ORGANIZATIONS; TRAINING OR
OTHER FORMS OF ASSISTANCE TO OCCUPANTS OF HOUSING ACCOMMODATIONS; AND
MANAGEMENT OF HOUSING ACCOMMODATIONS AS AGENT FOR THE OWNERS, RECEIVERS,
ADMINISTRATORS OR MUNICIPALITIES; AND (B) ACTIVITIES, SIMILAR TO THOSE
SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION, AIMED AT ACCOMPLISHING
SIMILAR PURPOSES AND MEETING SIMILAR NEEDS WITH RESPECT TO RETAIL AND
SERVICE ESTABLISHMENTS WITHIN A REGION WHEN CARRIED OUT IN CONNECTION
WITH AND INCIDENTAL TO A PROGRAM OF HOUSING RELATED ACTIVITIES.
7. "PERSONS OF LOW INCOME" SHALL MEAN INDIVIDUALS AND FAMILIES WHOSE
ANNUAL INCOMES DO NOT EXCEED NINETY PER CENT OF THE MEDIAN ANNUAL INCOME
FOR ALL RESIDENTS OF THE REGION WITHIN WHICH THEY RESIDE OR A LARGER
AREA ENCOMPASSING SUCH REGION FOR WHICH MEDIAN ANNUAL INCOME CAN BE
DETERMINED.
S 1232. PROGRAM CONTRACTS. 1. IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, AN ELIGIBLE APPLICANT SHALL SUBMIT A PROPOSAL
BASED ON CRITERIA AS DETERMINED BY THE COMMISSIONER.
2. WITHIN THE LIMIT OF FUNDS AVAILABLE IN THE NEIGHBORHOOD AND RURAL
PRESERVATION APPROPRIATION, THE DIVISION MAY ENTER INTO CONTRACTS WITH
CORPORATIONS TO PROVIDE HOUSING PRESERVATION AND COMMUNITY RENEWAL
ACTIVITIES.
3. IN DETERMINING WHETHER TO ENTER INTO A CONTRACT WITH A NEIGHBOR-
HOOD OR RURAL PRESERVATION CORPORATION OR CORPORATIONS PURSUANT TO THIS
ARTICLE, THE COMMISSIONER SHALL DETERMINE THAT THE DEMOGRAPHIC AND OTHER
RELEVANT DATA PERTAINING TO A REGION AS SPECIFIED IN THE CONTRACT INDI-
CATE THAT SUCH REGION CONTAINS SIGNIFICANT UNMET HOUSING NEEDS OF
PERSONS OF LOW INCOME, THAT THE HOUSING STOCK OF SUCH REGION, BECAUSE OF
ITS AGE, DETERIORATION, OR OTHER FACTORS, REQUIRES IMPROVEMENT IN ORDER
TO PRESERVE THE COMMUNITIES WITHIN THE REGION AND THAT THE CORPORATION
PROPOSES TO ASSIST SUCH REGION THROUGH ACTIVE INTERVENTION TO EFFECT THE
REGION'S PRESERVATION, STABILIZATION OR IMPROVEMENT.
4. EACH CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL PROVIDE
FOR PAYMENT TO THE NEIGHBORHOOD OR RURAL PRESERVATION CORPORATION OR
CORPORATIONS FOR THE HOUSING PRESERVATION AND COMMUNITY RENEWAL ACTIV-
ITIES TO BE PERFORMED. PAYMENTS SHALL BE BASED ON PERFORMANCE CRITERIA
ESTABLISHED BY THE COMMISSIONER.
5. PAYMENT PURSUANT TO THIS ARTICLE SHALL BE RESTRICTED TO SUMS
REQUIRED FOR THE PAYMENT OF SALARIES AND WAGES TO EMPLOYEES OF SUCH
CORPORATIONS WHO ARE ENGAGED IN RENDERING HOUSING PRESERVATION AND
COMMUNITY RENEWAL ACTIVITIES, FEES TO CONSULTANTS AND PROFESSIONALS
RETAINED BY THEM FOR PLANNING AND PERFORMING SUCH ACTIVITIES AND OTHER
COSTS AND EXPENSES DIRECTLY RELATED TO SUCH EMPLOYEES, CONSULTANTS AND
PROFESSIONALS. SUCH FUNDS MAY BE USED FOR PLANNING ANY HOUSING PRESER-
VATION AND COMMUNITY RENEWAL ACTIVITY AND FOR RENOVATING, REPAIRING,
FURNISHING, EQUIPPING AND OPERATING AN OFFICE FACILITY TO BE USED IN
CONNECTION WITH THE CONDUCT OF HOUSING PRESERVATION AND COMMUNITY
RENEWAL ACTIVITIES BY THE CORPORATION.
6. CONTRACTS ENTERED INTO PURSUANT TO THIS SECTION SHALL BE FOR A
PERIOD OF NO MORE THAN ONE YEAR, BUT MAY BE RENEWED OR EXTENDED FROM
S. 2808 128 A. 4008
YEAR TO YEAR AT THE DISCRETION OF THE COMMISSIONER, AND SHALL PROVIDE
FOR PAYMENT BY THE DIVISION OF NO MORE THAN FIVE HUNDRED THOUSAND
DOLLARS PER YEAR.
S 1233. RULES AND REGULATIONS. THE COMMISSIONER MAY ISSUE RULES AND
REGULATIONS OR OPERATIONAL BULLETINS FOR THE APPLICATION AND AWARDING OF
FUNDS UNDER THIS ARTICLE.
S 1234. RELATIONSHIP TO OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
DEEMED TO DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO SEEK OR RECEIVE
ASSISTANCE UNDER, OR OTHERWISE PARTICIPATE IN, ANY OTHER PROGRAM PURSU-
ANT TO THIS CHAPTER, OR ANY OTHER GOVERNMENTAL PROGRAM RELATING TO HOUS-
ING OR COMMUNITY RENEWAL. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO
DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO CARRY OUT ANY PROGRAM OR
SERVICE THROUGH A SUBSIDIARY CORPORATION OR OTHER INSTRUMENTALITY.
S 3. Notwithstanding any provision of law to the contrary, any refer-
ence, in any provision of law, to article 16 or article 17 of the
private housing finance law, sections 901 through 909 of the private
housing finance law, or sections 1001 through 1010 of the private hous-
ing finance law shall be deemed to refer to article 27 of the private
housing finance law.
S 4. This act shall take effect July 1, 2011.
PART W
Section 1. Section 39 of part P2 of chapter 62 of the laws of 2003
amending the state finance law and other laws relating to authorizing
and directing the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part Z of chapter 57 of the laws of
2009, is amended to read as follows:
S 39. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen of this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; [and sections
thirty and thirty-one of this act shall expire December 31, 2011] and
the amendments made to section 69-c of the state finance law by section
thirty-two of this act shall not affect the expiration and repeal of
such section and shall be deemed to be expired therewith.
S 2. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through W of this act shall be
as specifically set forth in the last section of such Parts.
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