A03006 Summary:

BILL NO    A03006B

SAME AS    SAME AS UNI. S02006-B

SPONSOR    Budget

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Enacts into law major components of legislation necessary to implement the
education, labor and family assistance budget for state fiscal year 2015 -
2016; relates to school aid (Part A); relates to creating the New York state
get on your feet loan forgiveness program (Part C); relates to creating a
standard financial aid award letter (Part F) ; relates to increasing the
standards of monthly need for aged, blind and disabled persons living in the
community (Part I); relates to certain contracts with the office of children
and family services; relates to the possession of a gun on school grounds by a
student; relates to persons in need of supervision or youthful offenders;
relates to making provisions permanent in relating to authorizing the board of
cooperative educational services to enter into contracts with the commissioner
of children and family services (Part J); relates to state reimbursement and
subsidies for the adoption of children (Part K); relates to implementing
provisions required by the federal preventing sex trafficking and strengthening
families act (Part L); relates to utilizing reserves in the mortgage insurance
fund for various housing purposes (Part M); relates to authorized absences by
healthcare professionals who volunteer to fight the Ebola virus disease
oversees (Part O); relates to eliminating certain fees charged by the
department of labor (Part P); relates to requiring experiential learning as a
requirement for graduation (Part Q); relates to the New York state higher
education matching grant program for independent colleges and the effectiveness
thereof (Part R); relates to the project notification fee imposed for asbestos
removal (Part S); relates to extending provisions of law relating to the
operation and administration of the legislature (Part T); relates to the
creation of the SUNY DSRIP escrow fund (Part U); relates to the tuition
assistance program for students with disabilities (Part V); relates to the
investment of contributions to a family tuition account (Part W); relates to
the allocation of funds from the foster youth college success initiative (Part
X); relates to the offering of associate of occupational studies degrees by
community colleges (Part Y); relates to establishing the New York state
achievement and investment in merit scholarship (Part Z); relates to a program
to provide tax incentives for employers employing at risk youth (Part AA);
relates to the eligibility for participation in the brownfield cleanup program,
relates to brownfield opportunity areas; relates to brownfield redevelopment
tax credits; relates to remediated brownfield credit for real property taxes
for qualified sites and environmental remediation insurance credits, in
relation to tax credits for certain sites; relates to hazardous waste generator
fees and taxes; relates to the environmental restoration program; relates to
limitations on liability; relates to certain environmental restoration projects
(Part BB); relates to reporting and disclosure and per diem and travel expenses
(Part CC); relates to the public integrity reform act and the joint commission
on public ethics (Part DD); enacts the education transformation act of 2015
(Part EE).
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A03006 Actions:

BILL NO    A03006B

01/21/2015 referred to ways and means
03/31/2015 amend (t) and recommit to ways and means
03/31/2015 print number 3006a
03/31/2015 amend (t) and recommit to ways and means
03/31/2015 print number 3006b
03/31/2015 reported referred to rules
03/31/2015 reported 
03/31/2015 rules report cal.19
03/31/2015 substituted by s2006b
           S02006  AMEND=B  BUDGET
           01/21/2015 REFERRED TO FINANCE
           03/31/2015 AMEND (T) AND RECOMMIT TO FINANCE
           03/31/2015 PRINT NUMBER 2006A
           03/31/2015 AMEND (T) AND RECOMMIT TO FINANCE
           03/31/2015 PRINT NUMBER 2006B
           03/31/2015 ORDERED TO THIRD READING CAL.316
           03/31/2015 MESSAGE OF NECESSITY - 3 DAY MESSAGE
           03/31/2015 PASSED SENATE
           03/31/2015 DELIVERED TO ASSEMBLY
           03/31/2015 referred to ways and means
           03/31/2015 substituted for a3006b
           03/31/2015 ordered to third reading rules cal.19
           03/31/2015 message of necessity - 3 day message
           03/31/2015 passed assembly
           03/31/2015 returned to senate
           04/01/2015 DELIVERED TO GOVERNOR
           04/13/2015 SIGNED CHAP.56
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A03006 Votes:

There are no votes for this bill in this legislative session.
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A03006 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3006B
 
SPONSOR: Budget
  TITLE OF BILL: An act to amend the education law, in relation to contracts for excellence, apportionment of school aid, total foundation aid and the gap elimination adjustment restoration, the teachers of tomorrow teacher recruitment and retention program and waivers from certain duties; to amend the state finance law, in relation to moneys appropriated from the commercial gaming revenue fund; to amend chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to reimbursements for the 2015-2016 school year; 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 withholding a portion of employment prepa- ration education aid and in relation to extending the effectiveness of such chapter; 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; to amend chapter 82 of the laws of 1995, amending the education law and other laws relat- ing to state aid to school districts and the appropriation of funds for the support of government; to amend section 7 of chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts; to amend chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; to amend chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003 amending the education law relating to implemen- tation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapters; to amend part A of chapter 57 of the laws of 2013 relating to school district eligibil- ity for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness, in relation to funds appropriated in the 2014-15 school year; allocates school bus driver training grants to school districts and boards of cooperative education services; allows for eligible school districts to receive special appor- tionments for salary expenses; allows for eligible school districts to receive special apportionments for public pension accruals; allows any moneys appropriated to the state education department to be suballocated to other state departments or agencies and/or shall be made available for specific payment of aid; allows the city school district of the city of Rochester to purchase services as a non-component school district; to amend chapter 121 of the laws of 1996 relating to authorizing the Roose- velt union free school district to finance deficits by the issuance of serial bonds, in relation to certain apportionments; specifies amounts of state funds set aside for each school district for the purpose of the development, maintenance or expansion of magnet schools or magnet school programs; prohibits moneys appropriated for the support of public libraries to be used for library construction; to amend the general municipal law, in relation to authorized withdrawals; and to repeal certain provisions of the education law relating thereto (Part A); intentionally omitted (Part B); to amend the education law, in relation to creating the New York state get on your feet loan forgiveness program (Part C); intentionally omitted (Part D); intentionally omitted (Part E); to amend the banking law, in relation to creating a standard finan- cial aid award letter (Part F); intentionally omitted (Part G); inten- tionally omitted (Part H); to amend the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part I); to amend the education law, in relation to certain contracts with the office of children and family services; to amend the education law, in relation to the possession of a gun on school grounds by a student; to amend the executive law, in relation to persons in need of supervision or youthful offenders; to amend part K of chapter 57 of the laws of 2012, amending the education law, relating to authorizing the board of cooperative educational services to enter into contracts with the commissioner of children and family services to provide certain services, in relation to making such provisions permanent (Part J); to amend the social services law, in relation to state reimbursement and subsidies for the adoption of chil- dren (Part K); to amend the social services law, the surrogate's court procedure act, the family court act, the public health law and the exec- utive law, in relation to implementing provisions required by the feder- al preventing sex trafficking and strengthening families act (Part L); to utilize reserves in the mortgage insurance fund for various housing purposes (Part M); intentionally omitted (Part N); to amend the labor law, in relation to authorized absences by healthcare professionals who volunteer to fight the Ebola virus disease overseas; and providing for the repeal of such provisions upon expiration thereof (Part O); to amend the labor law, the workers' compensation law and chapter 784 of the laws of 1951, constituting the New York state defense emergency act, in relation to eliminating certain fees charged by the department of labor; and to repeal certain provisions of the labor law and the workers' compensation law relating thereto (Part P); to amend the education law, in relation to requiring experiential learning as a requirement for graduation (Part Q); to amend part U of chapter 57 of the laws of 2005 relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part R); to amend the labor law, in relation to the project notification fee imposed for asbestos removal (Part S); to amend chapter 141 of the laws of 1994, amending the legislative law and the state finance law relating to the operation and administration of the legislature, in relation to extending such provisions (Part T); to amend the state finance law, in relation to the creation of the SUNY DSRIP escrow fund (Part U); to amend the education law, in relation to the tuition assistance program for students with disabilities (Part V); to amend the education law, in relation to the investment of contrib- utions to a family tuition account (Part W); to amend the education law, in relation to the allocation of funds from the foster youth college success initiative (Part X); to amend the education law, in relation to the offering of associate of occupational studies degrees by community colleges (Part Y); to amend the education law, in relation to establish- ing the New York state achievement and investment in merit scholarship (Part Z); to amend the labor law and the tax law, in relation to a program to provide tax incentives for employers employing at risk youth (Part AA); to amend the environmental conservation law, the tax law and the general municipal law, in relation to eligibility for participation in the brownfield cleanup program, assignment of the brownfield redevel- opment tax credits and brownfield opportunity areas; to amend part H of chapter 1 of the laws of 2003, amending the tax law relating to brown- field redevelopment tax credits, remediated brownfield credit for real property taxes for qualified sites and environmental remediation insur- ance credits, in relation to tax credits for certain sites; to amend the environmental conservation law, in relation to hazardous waste generator fees and taxes; to amend the environmental conservation law and the state finance law, in relation to the environmental restoration program; to amend the environmental conservation law, in relation to limitations on liability; to amend the public authorities law, in relation to certain environmental restoration projects; and to repeal certain provisions of the environmental conservation law and the tax law relat- ing thereto (Part BB); to amend the public officers law, the legislative law, the election law and the retirement and social security law, in relation to reporting and disclosure; and to repeal subdivision 2 of section 5 of the legislative law relating to per diem and travel expenses (Part CC); to amend part A of chapter 399 of the laws of 2011, relating to establishing the public integrity reform act of 2011, in relation to the joint commission on public ethics (Part DD); and to amend the education law, in relation to establishing the New York state masters-in-education teacher incentive scholarship program (Subpart A); to amend the education law, in relation to admission requirements for graduate-level teacher education programs (Subpart B); to amend the education law, in relation to institution deregistration and suspension, teacher registration and continuing teacher education requirements (Subpart C); to amend the education law, in relation to the appointment of teachers, principals, administrators, supervisors and all other members of the teaching and supervising staff of school districts (Subpart D); to amend the education law, in relation to annual perform- ance reviews of classroom teachers and building principals (Subpart E); relating to testing reduction reports (Subpart F); to amend the educa- tion law, in relation to disciplinary procedures for ineffective teach- ing or performance by building principal or teacher and to streamlined removal procedures for teachers rated ineffective (Subpart G); and to amend the education law, in relation to takeover and restructuring fail- ing schools (Subpart H) (Part EE)   SUMMARY: This bill would enact into law major components of legis- lation that are necessary to implement the Education, Labor and Family Assistance Budget. Among its provisions are the following proposals: A Modify the Education Law and make other changes necessary to authorize School Aid and implement education-related programs in the Executive Budget. B Intentionally omitted. C Enact the Get On Your Feet Loan Forgiveness Program. D Intentionally omitted. E Intentionally omitted. F Standardize college financial aid award letters. G Intentionally omitted. Intentionally omitted. J Modify the Raise the Age of juvenile jurisdiction. K Provides for the issuance of adoption assistance payments for the private adoption of children with special needs only when the adoptive parents reside in New York State at the time of application. L Make statutory changes to comply with the recent federal Prevent Sex Trafficking and Strengthening Families Act. M Utilizes excess Mortgage Insurance Fund reserves. N Intentionally omitted. O Provide a leave of absence for healthcare professionals who volunteer to fight the Ebola virus overseas. P Repeal various Department of Labor fees. Q Make experiential learning a graduation requirement at SUNY and CUNY. R Makes statutory changes to the Higher Education Capital matching program. S Repeals the asbestos project notification fee waiver in certain instances. T Extend the Legislative Commissions for one year. U Create the SUNY DSRIP Escrow Fund. V Clarify TAP eligibility for disabled students. W Conform the State 529 plan program to the Federal requirements. X Conform Foster care initiatives with Federal requirements. Y Provide information to students about career paths. Z Create a new Merit Scholarship Program. AA Change the name of the Youth Tax Credit to Urban Youth Job Program Tax Credit and increase the annual credit from $10 million to $20 million. BB Extend Brownfields tax credit for ten years. CC Improve current disclosures law to require greater disclosure of outside income by public officials, and expand current forfeiture provisions. DD Revise and extends the Commission to review and evaluate JCOPE and the Legislative Ethics Commission. EE Create the Education Transformation Act of 2015.   JUSTIFICATION: This bill is necessary for the enactment of portions of the SFY 2015-16 Education, Labor and Family Assistance budget, as contained in the State Operations, Capital Projects and Aid to Locali- ties appropriations bills.   FISCAL IMPACT The provisions contained in this legislation are related to appropriations proposed for SFY 2015-16.   EFFECTIVE DATE: Effective April 1, 2015, with exceptions.
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A03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2006--B                                            A. 3006--B
 
                SENATE - ASSEMBLY
 
                                    January 21, 2015
                                       ___________
 
        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 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        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 -- committee discharged, bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          again  reported from said committee with amendments, ordered reprinted
          as amended and recommitted to said committee
 
        AN ACT to amend the education law, in relation to contracts  for  excel-
          lence,  apportionment  of school aid, total foundation aid and the gap
          elimination adjustment restoration, the teachers of  tomorrow  teacher
          recruitment  and retention program and waivers from certain duties; to
          amend the state finance law, in relation to moneys  appropriated  from
          the  commercial  gaming revenue fund; to amend chapter 756 of the laws
          of 1992, relating to  funding  a  program  for  work  force  education
          conducted  by the consortium for worker education in New York city, in
          relation to reimbursements for the 2015-2016  school  year;  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 withholding a portion of employment
          preparation education aid and in relation to extending the  effective-
          ness  of such chapter; to amend chapter 169 of the laws of 1994 relat-
          ing to certain provisions related to the 1994-95 state operations, aid
          to localities, capital projects and debt  service  budgets;  to  amend
          chapter  82  of the laws of 1995, amending the education law and other
          laws relating to state aid to school districts and  the  appropriation
          of  funds for the support of government; to amend section 7 of chapter
          472 of the laws of 1998 amending the education  law  relating  to  the
          lease of school buses by school districts; to amend chapter 147 of the
          laws  of  2001  amending  the  education  law  relating to conditional
          appointment of school district, charter school or BOCES employees;  to
          amend  chapter  425  of  the  laws  of 2002 amending the education law
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-03-5

        S. 2006--B                          2                         A. 3006--B
 
          relating  to  the  provision  of  supplemental  educational  services,
          attendance  at  a  safe public school and the suspension of pupils who
          bring a firearm to or possess a firearm at a school,  in  relation  to
          the  effectiveness  thereof;  to amend chapter 101 of the laws of 2003
          amending the education law relating to implementation of the No  Child
          Left  Behind  Act  of 2001, in relation to extending the expiration of
          certain provisions of such chapters; to amend part A of chapter 57  of
          the  laws  of  2013  relating  to  school  district eligibility for an
          increase in apportionment of school aid and implementation  of  stand-
          ards  for conducting annual professional performance reviews to deter-
          mine teacher and principal effectiveness, in relation to funds  appro-
          priated  in  the  2014-15  school  year;  allocates  school bus driver
          training grants to school districts and boards of  cooperative  educa-
          tion services; allows for eligible school districts to receive special
          apportionments   for  salary  expenses;  allows  for  eligible  school
          districts  to  receive  special  apportionments  for  public   pension
          accruals;  allows  any  moneys  appropriated  to  the  state education
          department to be suballocated to other state departments  or  agencies
          and/or shall be made available for specific payment of aid; allows the
          city  school district of the city of Rochester to purchase services as
          a non-component school district; to amend chapter 121 of the  laws  of
          1996  relating to authorizing the Roosevelt union free school district
          to finance deficits by the issuance of serial bonds,  in  relation  to
          certain apportionments; specifies amounts of state funds set aside for
          each  school  district for the purpose of the development, maintenance
          or expansion of magnet schools or magnet  school  programs;  prohibits
          moneys appropriated for the support of public libraries to be used for
          library  construction; to amend the general municipal law, in relation
          to authorized withdrawals; and to repeal  certain  provisions  of  the
          education  law  relating thereto (Part A); intentionally omitted (Part
          B); to amend the education law, in relation to creating the  New  York
          state  get  on  your  feet  loan  forgiveness program (Part C); inten-
          tionally omitted (Part D); intentionally omitted (Part  E);  to  amend
          the  banking  law,  in  relation  to creating a standard financial aid
          award letter (Part F); intentionally omitted (Part  G);  intentionally
          omitted  (Part  H);  to  amend the social services law, in relation to
          increasing the standards of monthly need for aged, blind and  disabled
          persons  living in the community (Part I); to amend the education law,
          in relation to certain contracts with the office of children and fami-
          ly services; to amend the education law, in relation to the possession
          of a gun on school grounds by a student; to amend the  executive  law,
          in  relation  to persons in need of supervision or youthful offenders;
          to amend part K of chapter 57 of the laws of 2012, amending the educa-
          tion law, relating to authorizing the board of cooperative educational
          services to enter into contracts with the commissioner of children and
          family services to provide certain services,  in  relation  to  making
          such  provisions permanent (Part J); to amend the social services law,
          in relation to state reimbursement and subsidies for the  adoption  of
          children  (Part  K); to amend the social services law, the surrogate's
          court procedure act, the family court act, the public health  law  and
          the  executive law, in relation to implementing provisions required by
          the federal preventing sex trafficking and strengthening families  act
          (Part L); to utilize reserves in the mortgage insurance fund for vari-
          ous  housing  purposes  (Part  M);  intentionally omitted (Part N); to
          amend the labor law, in relation to authorized absences by  healthcare
          professionals who volunteer to fight the Ebola virus disease overseas;

        S. 2006--B                          3                         A. 3006--B
 
          and providing for the repeal of such provisions upon expiration there-
          of (Part O); to amend the labor law, the workers' compensation law and
          chapter  784  of  the  laws  of  1951, constituting the New York state
          defense emergency act, in relation to eliminating certain fees charged
          by  the  department  of labor; and to repeal certain provisions of the
          labor law and the workers' compensation law relating thereto (Part P);
          to amend the education law,  in  relation  to  requiring  experiential
          learning  as a requirement for graduation (Part Q); to amend part U of
          chapter 57 of the laws of 2005 relating to the New York  state  higher
          education  capital matching grant program for independent colleges, in
          relation to the New York state higher education matching grant program
          for independent colleges and the effectiveness thereof  (Part  R);  to
          amend  the  labor  law,  in  relation  to the project notification fee
          imposed for asbestos removal (Part S); to amend  chapter  141  of  the
          laws  of  1994, amending the legislative law and the state finance law
          relating to the operation and administration of  the  legislature,  in
          relation  to  extending  such  provisions (Part T); to amend the state
          finance law, in relation to the creation of the SUNY DSRIP escrow fund
          (Part U); to amend the education  law,  in  relation  to  the  tuition
          assistance  program  for students with disabilities (Part V); to amend
          the education law, in relation to the investment of contributions to a
          family tuition account (Part  W);  to  amend  the  education  law,  in
          relation  to  the  allocation  of  funds from the foster youth college
          success initiative (Part X); to amend the education law,  in  relation
          to the offering of associate of occupational studies degrees by commu-
          nity  colleges  (Part  Y);  to amend the education law, in relation to
          establishing the New York state achievement and  investment  in  merit
          scholarship  (Part  Z);  to  amend  the  labor law and the tax law, in
          relation to a program to provide tax incentives for employers  employ-
          ing  at  risk youth (Part AA); to amend the environmental conservation
          law, the tax law and the general municipal law, in relation to  eligi-
          bility for participation in the brownfield cleanup program, assignment
          of the brownfield redevelopment tax credits and brownfield opportunity
          areas;  to amend part H of chapter 1 of the laws of 2003, amending the
          tax law relating to brownfield redevelopment tax  credits,  remediated
          brownfield  credit  for  real  property  taxes for qualified sites and
          environmental remediation insurance credits, in relation to tax  cred-
          its for certain sites; to amend the environmental conservation law, in
          relation  to  hazardous  waste  generator fees and taxes; to amend the
          environmental conservation law and the state finance law, in  relation
          to  the  environmental restoration program; to amend the environmental
          conservation law, in relation to limitations on  liability;  to  amend
          the  public  authorities  law,  in  relation  to certain environmental
          restoration projects; and to repeal certain provisions of the environ-
          mental conservation law and the tax law relating thereto (Part BB); to
          amend the public officers law, the legislative law, the  election  law
          and  the  retirement and social security law, in relation to reporting
          and disclosure; and to repeal subdivision 2 of section 5 of the legis-
          lative law relating to per diem and  travel  expenses  (Part  CC);  to
          amend  part  A  of chapter 399 of the laws of 2011, relating to estab-
          lishing the public integrity reform act of 2011, in  relation  to  the
          joint  commission  on public ethics (Part DD); and to amend the educa-
          tion law, in relation to establishing the New York state masters-in-e-
          ducation teacher incentive scholarship program (Subpart A);  to  amend
          the  education  law,  in relation to admission requirements for gradu-
          ate-level teacher education programs (Subpart B); to amend the  educa-

        S. 2006--B                          4                         A. 3006--B
 
          tion  law,  in  relation to institution deregistration and suspension,
          teacher registration and  continuing  teacher  education  requirements
          (Subpart  C);  to amend the education law, in relation to the appoint-
          ment  of  teachers,  principals,  administrators,  supervisors and all
          other  members  of  the  teaching  and  supervising  staff  of  school
          districts  (Subpart  D);  to  amend  the education law, in relation to
          annual performance reviews of classroom teachers and building  princi-
          pals  (Subpart  E); relating to testing reduction reports (Subpart F);
          to amend the education law, in relation to disciplinary procedures for
          ineffective teaching or performance by building principal  or  teacher
          and  to  streamlined removal procedures for teachers rated ineffective
          (Subpart G); and to amend the education law, in relation  to  takeover
          and restructuring failing schools (Subpart H) (Part EE)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  which are necessary to implement the state fiscal plan for the 2015-2016
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through EE. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
    14  tion law, as amended by section 1 of part A of chapter 56 of the laws of
    15  2014, is amended to read as follows:
    16    e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
    17  district that submitted a contract for excellence for the  two  thousand
    18  eight--two  thousand nine school year shall submit a contract for excel-
    19  lence for the  two  thousand  nine--two  thousand  ten  school  year  in
    20  conformity  with the requirements of subparagraph (vi) of paragraph a of
    21  subdivision two of this section unless all schools in the  district  are
    22  identified  as  in  good  standing  and  provided further that, a school
    23  district that submitted a contract for excellence for the  two  thousand
    24  nine--two  thousand  ten school year, unless all schools in the district
    25  are identified as in good standing, shall submit a contract  for  excel-
    26  lence for the two thousand eleven--two thousand twelve school year which
    27  shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
    28  graph a of subdivision two of this section, provide for the  expenditure
    29  of  an  amount  which  shall  be not less than the product of the amount
    30  approved by the commissioner in the contract for excellence for the  two
    31  thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
    32  district's gap elimination adjustment percentage  and  provided  further
    33  that, a school district that submitted a contract for excellence for the
    34  two thousand eleven--two thousand twelve school year, unless all schools
    35  in  the  district  are  identified  as  in good standing, shall submit a
    36  contract for excellence for the two thousand twelve--two thousand  thir-

        S. 2006--B                          5                         A. 3006--B
 
     1  teen  school  year  which  shall,  notwithstanding  the  requirements of
     2  subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
     3  provide  for  the  expenditure of an amount which shall be not less than
     4  the  amount  approved by the commissioner in the contract for excellence
     5  for the  two  thousand  eleven--two  thousand  twelve  school  year  and
     6  provided  further  that, a school district that submitted a contract for
     7  excellence for the two thousand  twelve--two  thousand  thirteen  school
     8  year,  unless  all  schools  in  the  district are identified as in good
     9  standing, shall submit a contract for excellence for  the  two  thousand
    10  thirteen--two thousand fourteen school year which shall, notwithstanding
    11  the  requirements of subparagraph (vi) of paragraph a of subdivision two
    12  of this section, provide for the expenditure of an amount which shall be
    13  not less than the amount approved by the commissioner  in  the  contract
    14  for excellence for the two thousand twelve--two thousand thirteen school
    15  year  and  provided  further  that,  a  school district that submitted a
    16  contract for excellence for  the  two  thousand  thirteen--two  thousand
    17  fourteen  school year, unless all schools in the district are identified
    18  as in good standing, shall submit a contract for excellence for the  two
    19  thousand   fourteen--two  thousand  fifteen  school  year  which  shall,
    20  notwithstanding the requirements of subparagraph (vi) of paragraph a  of
    21  subdivision  two  of  this  section,  provide  for the expenditure of an
    22  amount which shall be not less than the amount approved by  the  commis-
    23  sioner in the contract for excellence for the two thousand thirteen--two
    24  thousand  fourteen  school  year;  and  provided  further that, a school
    25  district that submitted a contract for excellence for the  two  thousand
    26  fourteen--two  thousand  fifteen  school year, unless all schools in the
    27  district are identified as in good standing, shall submit a contract for
    28  excellence for the two thousand  fifteen--two  thousand  sixteen  school
    29  year  which shall, notwithstanding the requirements of subparagraph (vi)
    30  of paragraph a of subdivision two  of  this  section,  provide  for  the
    31  expenditure  of  an  amount  which  shall  be  not  less than the amount
    32  approved by the commissioner in the contract for excellence for the  two
    33  thousand  fourteen--two  thousand  fifteen  school year. For purposes of
    34  this paragraph, the "gap elimination  adjustment  percentage"  shall  be
    35  calculated as the sum of one minus the quotient of the sum of the school
    36  district's  net  gap  elimination  adjustment  for two thousand ten--two
    37  thousand eleven computed pursuant to chapter fifty-three of the laws  of
    38  two  thousand  ten, making appropriations for the support of government,
    39  plus the school district's gap elimination adjustment for  two  thousand
    40  eleven--two  thousand twelve as computed pursuant to chapter fifty-three
    41  of the laws of  two  thousand  eleven,  making  appropriations  for  the
    42  support  of  the  local assistance budget, including support for general
    43  support for public schools, divided by  the  total  aid  for  adjustment
    44  computed  pursuant  to  chapter  fifty-three of the laws of two thousand
    45  eleven, making appropriations for the local assistance budget, including
    46  support for general support for public schools. Provided, further,  that
    47  such amount shall be expended to support and maintain allowable programs
    48  and  activities  approved  in  the  two  thousand nine--two thousand ten
    49  school year or to support new or expanded allowable programs and  activ-
    50  ities in the current year.
    51    §  1-a.  Paragraph  d of subdivision 2 of section 2-d of the education
    52  law is REPEALED.
    53    § 2. The closing paragraph of subdivision 5-a of section 3602  of  the
    54  education  law,  as  amended by section 8 of part A of chapter 57 of the
    55  laws of 2013, is amended to read as follows:

        S. 2006--B                          6                         A. 3006--B
 
     1    For the two thousand eight--two thousand nine school year, each school
     2  district shall be entitled to an apportionment equal to the  product  of
     3  fifteen  percent  and  the additional apportionment computed pursuant to
     4  this subdivision for the two thousand seven--two thousand  eight  school
     5  year.  For  the two thousand nine--two thousand ten through two thousand
     6  [fourteen] fifteen--two thousand [fifteen] sixteen  school  years,  each
     7  school  district  shall  be  entitled  to  an apportionment equal to the
     8  amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
     9  COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
    10  computer listing produced by the commissioner in support of  the  budget
    11  for  the  two  thousand  nine--two thousand ten school year and entitled
    12  "SA0910".
    13    § 3. Subdivision 12 of section 3602 of the education law,  as  amended
    14  by section 10 of part A of chapter 57 of the laws of 2013, is amended to
    15  read as follows:
    16    12. Academic enhancement aid. A school district that as of April first
    17  of  the base year has been continuously identified as a district in need
    18  of improvement for at least five  years  shall,  for  the  two  thousand
    19  eight--two  thousand  nine  school  year,  be  entitled to an additional
    20  apportionment equal to the positive remainder, if any, of (a) the lesser
    21  of fifteen million dollars or the product of the  total  foundation  aid
    22  base,  as  defined  by  paragraph  j of subdivision one of this section,
    23  multiplied by ten percent (0.10), less (b) the positive remainder of (i)
    24  the sum of the total foundation aid apportioned pursuant to  subdivision
    25  four of this section and the supplemental educational improvement grants
    26  apportioned  pursuant to subdivision eight of section thirty-six hundred
    27  forty-one of this article, less (ii) the total foundation aid base.
    28    For the two thousand nine--two thousand ten through two thousand four-
    29  teen--two thousand fifteen school years, each school district  shall  be
    30  entitled  to  an  apportionment  equal  to the amount set forth for such
    31  school district as "EDUCATION GRANTS, ACADEMIC  EN"  under  the  heading
    32  "2008-09  BASE YEAR AIDS" in the school aid computer listing produced by
    33  the commissioner in support of the budget for the two thousand nine--two
    34  thousand ten school year and entitled "SA0910", and  such  apportionment
    35  shall be deemed to satisfy the state obligation to provide an apportion-
    36  ment  pursuant to subdivision eight of section thirty-six hundred forty-
    37  one of this article.
    38    For the two thousand fifteen--two thousand sixteen year,  each  school
    39  district  shall  be entitled to an apportionment equal to the amount set
    40  forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
    41  ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
    42  by the commissioner in support of the budget for the two thousand  four-
    43  teen--two  thousand fifteen school year and entitled "SA141-5", and such
    44  apportionment shall be deemed to satisfy the state obligation to provide
    45  an apportionment pursuant to subdivision  eight  of  section  thirty-six
    46  hundred forty-one of this article.
    47    §  4.  The  opening paragraph of subdivision 16 of section 3602 of the
    48  education law, as amended by section 11 of part A of chapter 57  of  the
    49  laws of 2013, is amended to read as follows:
    50    Each  school  district  shall  be  eligible  to receive a high tax aid
    51  apportionment in the two thousand eight--two thousand nine school  year,
    52  which  shall equal the greater of (i) the sum of the tier 1 high tax aid
    53  apportionment, the tier 2 high tax aid apportionment and the tier 3 high
    54  tax aid apportionment or (ii) the product of the apportionment  received
    55  by  the school district pursuant to this subdivision in the two thousand
    56  seven--two thousand eight school year,  multiplied  by  the  due-minimum

        S. 2006--B                          7                         A. 3006--B
 
     1  factor,  which shall equal, for districts with an alternate pupil wealth
     2  ratio computed pursuant to paragraph b  of  subdivision  three  of  this
     3  section that is less than two, seventy percent (0.70), and for all other
     4  districts,  fifty percent (0.50). Each school district shall be eligible
     5  to receive a high tax aid apportionment in the  two  thousand  nine--two
     6  thousand  ten  through two thousand twelve--two thousand thirteen school
     7  years in the amount set forth for such school district as "HIGH TAX AID"
     8  under the heading "2008-09 BASE YEAR AIDS" in the  school  aid  computer
     9  listing  produced  by  the commissioner in support of the budget for the
    10  two thousand nine--two thousand ten school year and  entitled  "SA0910".
    11  Each  school district shall be eligible to receive a high tax aid appor-
    12  tionment in the two thousand  thirteen--two  thousand  fourteen  [school
    13  year  and  the  two thousand fourteen--two thousand fifteen] through two
    14  thousand fifteen--two thousand sixteen school [year] years equal to  the
    15  greater  of  (1)  the amount set forth for such school district as "HIGH
    16  TAX AID" under the heading "2008-09 BASE YEAR AIDS" in  the  school  aid
    17  computer  listing  produced by the commissioner in support of the budget
    18  for the two thousand nine--two thousand ten  school  year  and  entitled
    19  "SA0910"  or  (2) the amount set forth for such school district as "HIGH
    20  TAX AID" under the heading "2013-14 ESTIMATED AIDS" in  the  school  aid
    21  computer  listing  produced by the commissioner in support of the execu-
    22  tive budget for the 2013-14 fiscal year and entitled "BT131-4".
    23    § 5. The opening paragraph of subdivision 10 of section 3602-e of  the
    24  education  law,  as amended by section 21 of part A of chapter 56 of the
    25  laws of 2014, is amended to read as follows:
    26    Notwithstanding any provision of law to the contrary, for aid  payable
    27  in  the  two thousand eight--two thousand nine school year, the grant to
    28  each eligible school district for universal prekindergarten aid shall be
    29  computed pursuant to this subdivision, and for the two  thousand  nine--
    30  two thousand ten and two thousand ten--two thousand eleven school years,
    31  each  school district shall be eligible for a maximum grant equal to the
    32  amount computed for such school district for the base year in the  elec-
    33  tronic  data  file  produced  by  the commissioner in support of the two
    34  thousand nine--two thousand ten education, labor and  family  assistance
    35  budget,  provided,  however, that in the case of a district implementing
    36  programs for the first time or implementing expansion  programs  in  the
    37  two  thousand  eight--two  thousand nine school year where such programs
    38  operate for a minimum of ninety days in any one school year as  provided
    39  in  section  151-1.4 of the regulations of the commissioner, for the two
    40  thousand nine--two thousand ten and two thousand ten--two thousand elev-
    41  en school years, such school district shall be eligible  for  a  maximum
    42  grant  equal  to the amount computed pursuant to paragraph a of subdivi-
    43  sion nine of this section in the two thousand eight--two  thousand  nine
    44  school year, and for the two thousand eleven--two thousand twelve school
    45  year each school district shall be eligible for a maximum grant equal to
    46  the  amount  set forth for such school district as "UNIVERSAL PREKINDER-
    47  GARTEN" under the heading "2011-12 ESTIMATED AIDS"  in  the  school  aid
    48  computer  listing produced by the commissioner in support of the enacted
    49  budget for the 2011-12 school year and entitled "SA111-2", and  for  two
    50  thousand  twelve--two  thousand  thirteen[,  two  thousand thirteen--two
    51  thousand fourteen  and  two  thousand  fourteen--two  thousand  fifteen]
    52  through  two  thousand  fifteen--two  thousand sixteen school years each
    53  school district shall be eligible for  a  maximum  grant  equal  to  the
    54  greater  of  (i)  the  amount  set  forth  for  such  school district as
    55  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
    56  in  the  school  aid  computer  listing  produced by the commissioner in

        S. 2006--B                          8                         A. 3006--B
 
     1  support of the enacted budget for the 2011-12 school year  and  entitled
     2  "SA111-2",  or  (ii)  the  amount  set forth for such school district as
     3  "UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
     4  in  the  school aid computer listing produced by the commissioner on May
     5  fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
     6  twenty-one  of  section three hundred five of this chapter, and provided
     7  further that the maximum grant shall not exceed the total  actual  grant
     8  expenditures  incurred by the school district in the current school year
     9  as approved by the commissioner.
    10    § 5-a. Subdivision 4 of section 3602 of the education law, as  amended
    11  by  section 3 of part A of chapter 56 of the laws of 2014, is amended to
    12  read as follows:
    13    4. Total foundation aid. In addition to any other apportionment pursu-
    14  ant to this chapter, a school district, other than a special act  school
    15  district as defined in subdivision eight of section four thousand one of
    16  this  chapter,  shall  be eligible for total foundation aid equal to the
    17  product of total  aidable  foundation  pupil  units  multiplied  by  the
    18  district's  selected  foundation aid, which shall be the greater of five
    19  hundred dollars ($500) or foundation formula aid, provided, however that
    20  for the two thousand seven--two  thousand  eight  through  two  thousand
    21  eight--two  thousand nine school years, no school district shall receive
    22  total foundation aid in excess of the sum of the  total  foundation  aid
    23  base  for  aid  payable  in  the  two thousand seven--two thousand eight
    24  school year computed pursuant to subparagraph  (i)  of  paragraph  j  of
    25  subdivision  one  of this section, plus the phase-in foundation increase
    26  computed pursuant to paragraph  b  of  this  subdivision,  and  provided
    27  further  that  for the two thousand twelve--two thousand thirteen school
    28  year, no school district shall receive total foundation aid in excess of
    29  the sum of the total foundation aid base for  aid  payable  in  the  two
    30  thousand  eleven--two  thousand  twelve school year computed pursuant to
    31  paragraph j of subdivision one of this section, plus the phase-in  foun-
    32  dation  increase  computed  pursuant to paragraph b of this subdivision,
    33  and provided further that for the two  thousand  thirteen--two  thousand
    34  fourteen  school  year  and thereafter, no school district shall receive
    35  total foundation aid in excess of the sum of the  total  foundation  aid
    36  base  computed  pursuant  to  paragraph  j  of  subdivision  one of this
    37  section, plus the phase-in  foundation  increase  computed  pursuant  to
    38  paragraph  b of this subdivision and provided further that total founda-
    39  tion aid shall not be less than the product of the total foundation  aid
    40  base computed pursuant to paragraph j of subdivision one of this section
    41  and the due-minimum percent which shall be, for the two thousand twelve-
    42  -two  thousand  thirteen school year, one hundred and six-tenths percent
    43  (1.006) and for the two thousand thirteen--two thousand fourteen  school
    44  year  for  city  school  districts of those cities having populations in
    45  excess of one hundred twenty-five thousand and  less  than  one  million
    46  inhabitants  one  hundred  and one and one hundred and seventy-six thou-
    47  sandths percent (1.01176), and for all other districts one  hundred  and
    48  three-tenths  percent  (1.003),  and  for the two thousand fourteen--two
    49  thousand fifteen school year  one  hundred  and  eighty-five  hundredths
    50  percent (1.0085), and for the two thousand fifteen--two thousand sixteen
    51  school  year,  one  hundred  thirty-seven  hundredths  percent (1.0037),
    52  subject to allocation pursuant to the provisions of subdivision eighteen
    53  of this section and any provisions of a chapter of the laws of New  York
    54  as described therein, nor more than the product of such total foundation
    55  aid  base and one hundred fifteen percent, and provided further that for
    56  the two thousand nine--two thousand ten through two thousand eleven--two

        S. 2006--B                          9                         A. 3006--B
 
     1  thousand twelve school years, each school district shall  receive  total
     2  foundation  aid  in  an  amount  equal to the amount apportioned to such
     3  school district for the two thousand  eight--two  thousand  nine  school
     4  year  pursuant to this subdivision. Total aidable foundation pupil units
     5  shall be calculated pursuant to paragraph g of subdivision two  of  this
     6  section.  For  the purposes of calculating aid pursuant to this subdivi-
     7  sion, aid for the city school district of the city of New York shall  be
     8  calculated on a citywide basis.
     9    a.  Foundation  formula  aid.  Foundation  formula aid shall equal the
    10  remainder when the expected minimum  local  contribution  is  subtracted
    11  from  the product of the foundation amount, the regional cost index, and
    12  the pupil need index, or: (foundation amount x  regional  cost  index  x
    13  pupil need index)- expected minimum local contribution.
    14    (1)  The foundation amount shall reflect the average per pupil cost of
    15  general education instruction in successful school districts, as  deter-
    16  mined  by  a  statistical analysis of the costs of special education and
    17  general education in successful  school  districts,  provided  that  the
    18  foundation  amount  shall be adjusted annually to reflect the percentage
    19  increase in the consumer price index as computed pursuant to section two
    20  thousand twenty-two of this chapter, provided that for the two  thousand
    21  eight--two  thousand  nine  school year, for the purpose of such adjust-
    22  ment, the percentage increase in  the  consumer  price  index  shall  be
    23  deemed  to  be two and nine-tenths percent (0.029), and provided further
    24  that the foundation amount for  the  two  thousand  seven--two  thousand
    25  eight  school  year  shall  be  five  thousand  two  hundred fifty-eight
    26  dollars, and provided further that for the two thousand seven--two thou-
    27  sand eight through two thousand  fifteen--two  thousand  sixteen  school
    28  years,  the  foundation amount shall be further adjusted by the phase-in
    29  foundation percent established pursuant to paragraph b of this  subdivi-
    30  sion.
    31    (2)  The regional cost index shall reflect an analysis of labor market
    32  costs based on median salaries in professional occupations that  require
    33  similar  credentials  to  those of positions in the education field, but
    34  not including those occupations in the education  field,  provided  that
    35  the regional cost indices for the two thousand seven--two thousand eight
    36  school year and thereafter shall be as follows:
    37            Labor Force Region  Index
    38            Capital District    1.124
    39            Southern Tier       1.045
    40            Western New York    1.091
    41            Hudson Valley       1.314
    42            Long Island/NYC     1.425
    43            Finger Lakes        1.141
    44            Central New York    1.103
    45            Mohawk Valley       1.000
    46            North Country       1.000
    47    (3)  The pupil need index shall equal the sum of one plus the extraor-
    48  dinary needs percent, provided, however, that the pupil need index shall
    49  not be less than one nor more than two. The extraordinary needs  percent
    50  shall  be  calculated pursuant to paragraph w of subdivision one of this
    51  section.
    52    (4) The expected minimum local contribution shall equal the lesser  of
    53  (i)  the product of (A) the quotient arrived at when the selected actual
    54  valuation is divided by total wealth foundation pupil units,  multiplied
    55  by  (B)  the  product  of the local tax factor, multiplied by the income
    56  wealth index, or (ii) the product of (A) the product of  the  foundation

        S. 2006--B                         10                         A. 3006--B
 
     1  amount, the regional cost index, and the pupil need index, multiplied by
     2  (B)  the  positive  difference,  if  any, of one minus the state sharing
     3  ratio for total foundation aid. The local tax  factor  shall  be  estab-
     4  lished by May first of each year by determining the product, computed to
     5  four  decimal  places  without rounding, of ninety percent multiplied by
     6  the quotient of the sum of the statewide average tax rate as computed by
     7  the commissioner for the current year in accordance with the  provisions
     8  of  paragraph  e of subdivision one of section thirty-six hundred nine-e
     9  of this part plus the statewide average tax rate computed by the commis-
    10  sioner for the base year in accordance with  such  provisions  plus  the
    11  statewide  average  tax  rate  computed by the commissioner for the year
    12  prior to the base year in accordance with such  provisions,  divided  by
    13  three,  provided  however  that for the two thousand seven--two thousand
    14  eight school year, such local tax factor shall  be  sixteen  thousandths
    15  (0.016), and provided further that for the two thousand eight--two thou-
    16  sand  nine  school  year,  such  local  tax  factor shall be one hundred
    17  fifty-four ten thousandths (0.0154). The income wealth  index  shall  be
    18  calculated pursuant to paragraph d of subdivision three of this section,
    19  provided, however, that for the purposes of computing the expected mini-
    20  mum  local  contribution  the income wealth index shall not be less than
    21  sixty-five percent (0.65) and shall not be more than two hundred percent
    22  (2.0) and provided however that such income wealth index  shall  not  be
    23  more  than  ninety-five  percent  (0.95) for the two thousand eight--two
    24  thousand nine school year, and provided further that such income  wealth
    25  index  shall  not  be  less than zero for the two thousand thirteen--two
    26  thousand fourteen school year. The selected actual  valuation  shall  be
    27  calculated  pursuant  to paragraph c of subdivision one of this section.
    28  Total wealth foundation pupil units  shall  be  calculated  pursuant  to
    29  paragraph h of subdivision two of this section.
    30    b.  Phase-in foundation increase. (1) The phase-in foundation increase
    31  shall equal the product  of  the  phase-in  foundation  increase  factor
    32  multiplied by the positive difference, if any, of (i) the product of the
    33  total  aidable  foundation  pupil  units  multiplied  by  the district's
    34  selected foundation aid less (ii) the total foundation aid base computed
    35  pursuant to paragraph j of subdivision one of this section.
    36    (2) (i) Phase-in foundation percent. The phase-in  foundation  percent
    37  shall  equal  one  hundred  thirteen and fourteen one hundredths percent
    38  (1.1314) for the two thousand eleven--two thousand twelve  school  year,
    39  one hundred ten and thirty-eight hundredths percent (1.1038) for the two
    40  thousand  twelve--two  thousand  thirteen school year, one hundred seven
    41  and sixty-eight hundredths percent (1.0768) for the two  thousand  thir-
    42  teen--two  thousand  fourteen  school  year,  one  hundred  five and six
    43  hundredths percent (1.0506) for the two thousand fourteen--two  thousand
    44  fifteen  school  year,  and  one  hundred  two  and  five tenths percent
    45  (1.0250) for the two thousand fifteen--two thousand sixteen school year.
    46    (ii)  Phase-in  foundation  increase  factor.  For  the  two  thousand
    47  eleven--two   thousand  twelve  school  year,  the  phase-in  foundation
    48  increase factor shall equal thirty-seven and  one-half  percent  (0.375)
    49  and  the phase-in due minimum percent shall equal nineteen and forty-one
    50  hundredths percent (0.1941), for the two thousand  twelve--two  thousand
    51  thirteen school year the phase-in foundation increase factor shall equal
    52  one and seven-tenths percent (0.017), for the two thousand thirteen--two
    53  thousand  fourteen  school  year the phase-in foundation increase factor
    54  shall equal (1) for a city school district in a city having a population
    55  of one  million  or  more,  five  and  twenty-three  hundredths  percent
    56  (0.0523) or (2) for all other school districts zero percent, for the two

        S. 2006--B                         11                         A. 3006--B
 
     1  thousand fourteen--two thousand fifteen school year the phase-in founda-
     2  tion  increase  factor  shall  equal (1) for a city school district of a
     3  city having a population of one million or  more,  four  and  thirty-two
     4  hundredths  percent  (0.0432)  or (2) for a school district other than a
     5  city school district having a population of  one  million  or  more  for
     6  which  (A)  the  quotient  of  the positive difference of the foundation
     7  formula aid minus the foundation aid base computed pursuant to paragraph
     8  j of subdivision one of this section divided by the  foundation  formula
     9  aid  is greater than twenty-two percent (0.22) and (B) a combined wealth
    10  ratio less than thirty-five hundredths (0.35), seven percent  (0.07)  or
    11  (3)  for  all  other  school  districts,  four and thirty-one hundredths
    12  percent (0.0431), and for the two thousand fifteen--two thousand sixteen
    13  school year the phase-in foundation increase factor shall  equal:    (1)
    14  for  a city school district of a city having a population of one million
    15  or more, thirteen  and  two  hundred  seventy-four  thousandths  percent
    16  (0.13274);  or  (2)  for  districts  where  the quotient arrived at when
    17  dividing (A) the product of the total  aidable  foundation  pupil  units
    18  multiplied  by  the  district's  selected  foundation aid less the total
    19  foundation aid base computed pursuant to paragraph j of subdivision  one
    20  of  this section divided by (B) the product of the total aidable founda-
    21  tion pupil units multiplied by the district's selected foundation aid is
    22  greater than nineteen percent (0.19), and where the district's  combined
    23  wealth  ratio  is  less  than  thirty-three hundredths (0.33), seven and
    24  seventy-five hundredths percent (0.0775); or (3) for any other  district
    25  designated  as  high  need pursuant to clause (c) of subparagraph two of
    26  paragraph c of subdivision six  of  this  section  for  the  school  aid
    27  computer  listing produced by the commissioner in support of the enacted
    28  budget for the two thousand seven--two thousand eight  school  year  and
    29  entitled  "SA0708",  four  percent  (0.04);  or  (4)  for  a city school
    30  district in a city having a population of one hundred twenty-five  thou-
    31  sand  or more but less than one million, fourteen percent (0.14); or (5)
    32  for school districts that were designated as small city school districts
    33  or central school districts whose boundaries  include  a  portion  of  a
    34  small  city  for the school aid computer listing produced by the commis-
    35  sioner in support of the enacted budget for the two thousand  fourteen--
    36  two  thousand  fifteen school year and entitled "SA1415", four and seven
    37  hundred fifty- one thousandths percent (0.04751); or (6) for  all  other
    38  districts  one  percent  (0.01),  and  for the two thousand sixteen--two
    39  thousand seventeen school year and  thereafter  the  commissioner  shall
    40  annually  determine  the  phase-in foundation increase factor subject to
    41  allocation pursuant to the provisions of subdivision  eighteen  of  this
    42  section  and  any  provisions  of  a  chapter of the laws of New York as
    43  described therein.
    44    b-1. Notwithstanding any other provision of law to the  contrary,  for
    45  the  two  thousand seven--two thousand eight school year and thereafter,
    46  the additional amount payable to each school district pursuant  to  this
    47  subdivision in the current year as total foundation aid, after deducting
    48  the  total  foundation  aid  base,  shall be deemed a state grant in aid
    49  identified by the commissioner for general use for purposes  of  section
    50  seventeen hundred eighteen of this chapter.
    51    c.  Public  excess  cost  aid setaside. Each school district shall set
    52  aside from its total foundation aid computed for the current year pursu-
    53  ant to this subdivision an amount equal  to  the  product  of:  (i)  the
    54  difference  between  the  amount  the  school  district  was eligible to
    55  receive in the two thousand six--two thousand seven school year pursuant
    56  to or in lieu of paragraph six of subdivision nineteen of  this  section

        S. 2006--B                         12                         A. 3006--B
 
     1  as  such  paragraph existed on June thirtieth, two thousand seven, minus
     2  the amount such district was eligible to receive pursuant to or in  lieu
     3  of  paragraph five of subdivision nineteen of this section as such para-
     4  graph  existed  on  June  thirtieth,  two thousand seven, in such school
     5  year, and (ii) the sum of one and the percentage increase in the consum-
     6  er price index for the current year over such consumer price  index  for
     7  the two thousand six--two thousand seven school year, as computed pursu-
     8  ant  to section two thousand twenty-two of this chapter. Notwithstanding
     9  any other provision of law to the contrary, the public excess  cost  aid
    10  setaside  shall be paid pursuant to section thirty-six hundred nine-b of
    11  this part.
    12    d. For the two thousand fourteen--two thousand fifteen and  two  thou-
    13  sand  fifteen--two  thousand  sixteen  school [year] years a city school
    14  district of a city having a population of one million or  more  may  use
    15  amounts   apportioned  pursuant  to  this  subdivision  for  afterschool
    16  programs.
    17    § 5-b. Paragraph g of subdivision 17 of section 3602 of the  education
    18  law,  as added by section 2 of part A of chapter 56 of the laws of 2014,
    19  is amended and a new paragraph h is added to read as follows:
    20    [(g)] g. The gap elimination adjustment restoration amount for the two
    21  thousand fifteen--two thousand sixteen school year [and thereafter shall
    22  equal the product of the gap elimination percentage  for  such  district
    23  and  the  gap  elimination adjustment restoration allocation established
    24  pursuant to subdivision eighteen of this section.] for a school district
    25  shall be computed based on data on file with the commissioner and in the
    26  database used by the commissioner to produce an updated electronic  data
    27  file  in support of the enacted budget for the two thousand fifteen--two
    28  thousand sixteen state fiscal year  and  entitled  "SA151-6"  and  shall
    29  equal  the  sum of tiers one through four plus the sum of minimums A, B,
    30  and C.
    31    (i) "Tier one" shall equal the  product  of  thirty  dollars  ($30.00)
    32  multiplied  by  the extraordinary needs count computed pursuant to para-
    33  graph s of subdivision one of this section  multiplied  by  the  concen-
    34  tration  factor,  where the concentration factor shall be the sum of one
    35  plus the quotient arrived at when dividing (1)  the  difference  of  the
    36  extraordinary needs percent computed pursuant to paragraph w of subdivi-
    37  sion  one  of  this  section  less four-tenths (0.4) divided by (2) nine
    38  hundred two thousandths (0.902), provided, however,  that  such  concen-
    39  tration factor shall not be less than one.
    40    (ii)  "Tier  two" shall be the product, for districts with a change in
    41  enrollment  of  greater  than  two  percent,  of  six  hundred   dollars
    42  ($600.00),  and  for  all  other  districts  with a change in enrollment
    43  greater than zero but  less  than  two  percent,  five  hundred  dollars
    44  ($500.00)  multiplied  by  the change in enrollment, where the change in
    45  enrollment shall be the positive difference, if any, of  the  base  year
    46  public  school  district enrollment as computed pursuant to subparagraph
    47  two of paragraph n of subdivision one of this section for the base  year
    48  less  public  school district enrollment for the two thousand thirteen--
    49  two thousand fourteen school year.
    50    (iii) "Tier three" shall be the  product  of  twenty-two  dollars  and
    51  fifty  cents  ($22.50)  multiplied  by  the free and reduced price lunch
    52  percent computed pursuant to paragraph p  of  subdivision  one  of  this
    53  section multiplied by the base year public school district enrollment as
    54  computed  pursuant to subparagraph two of paragraph n of subdivision one
    55  of this section for the base year.

        S. 2006--B                         13                         A. 3006--B
 
     1    (iv) "Tier four"  shall  be  the  product  of  three  hundred  dollars
     2  ($300.00)  multiplied  by  the limited English proficient count computed
     3  pursuant to paragraph o of subdivision one of this section multiplied by
     4  the extraordinary needs percent computed  pursuant  to  paragraph  w  of
     5  subdivision one of this section multiplied by the sum of one and the LEP
     6  growth  percent,  where  the  LEP  growth  percent shall be the quotient
     7  arrived at by dividing the positive difference, if any, of  the  limited
     8  English  proficient count for the base year less such count for the year
     9  prior to the base year divided by such count for the year prior  to  the
    10  base year.
    11    (v)  "Minimum  A" shall be the minimum A percent multiplied by the gap
    12  elimination adjustment for the base year, where the  minimum  A  percent
    13  shall  be the greater of (1) for a city school district of a city having
    14  a  population  of  one  million  or  more  twenty-nine  and   forty-five
    15  hundredths percent (0.2945), or (2) for a city school district of a city
    16  having a population of one hundred twenty-five thousand or more but less
    17  than  one  million  and a combined wealth ratio of less than five-tenths
    18  (0.5) eighty percent (0.80), or (3)  for  all  other  districts  with  a
    19  combined  wealth  ratio less than one and eight-tenths (1.8) thirty-five
    20  and six-tenths percent (0.356), or (4) for all  other  districts  thirty
    21  percent (0.30).
    22    (vi)  "Minimum  B"  shall  be for districts designated as average need
    23  pursuant to clause (c) of subparagraph two of paragraph c of subdivision
    24  six of this section for the school aid computer listing produced by  the
    25  commissioner  in  support  of  the  enacted  budget for the two thousand
    26  seven--two thousand eight school year and entitled "SA0708" and  with  a
    27  combined  wealth  ratio  of  less  than seventy-eight hundredths (0.78),
    28  twenty-six and fifteen hundredths percent (0.2615) multiplied by the gap
    29  elimination adjustment for the base year.
    30    (vii) "Minimum C" shall be  for  districts  designated  as  high  need
    31  pursuant to clause (c) of subparagraph two of paragraph c of subdivision
    32  six  of this section for the school aid computer listing produced by the
    33  commissioner in support of the  enacted  budget  for  the  two  thousand
    34  seven--two  thousand eight school year and entitled "SA0708", other than
    35  those city school districts of a city having a population of one hundred
    36  twenty-five thousand or more, forty-three percent (0.43)  multiplied  by
    37  the gap elimination adjustment for the base year.
    38    (viii)  Provided  however,  that no GEA restoration shall be more than
    39  the product of ninety-eight percent (0.98) multiplied by the gap  elimi-
    40  nation adjustment for the base year.
    41    h. The gap elimination adjustment restoration amount for the two thou-
    42  sand  sixteen--two  thousand  seventeen school year and thereafter shall
    43  equal the product of the gap elimination percentage  for  such  district
    44  and  the  gap  elimination adjustment restoration allocation established
    45  pursuant to subdivision eighteen of this section.
    46    § 6. The opening paragraph of section 3609-a of the education law,  as
    47  amended  by  section  4  of part A of chapter 56 of the laws of 2014, is
    48  amended to read as follows:
    49    For aid payable in the two thousand seven--two thousand  eight  school
    50  year  through  the  [two  thousand  thirteen--two thousand fourteen] two
    51  thousand fifteen--two thousand sixteen school year, "moneys apportioned"
    52  shall mean the lesser of (i) the sum  of  one  hundred  percent  of  the
    53  respective amount set forth for each school district as payable pursuant
    54  to  this section in the school aid computer listing for the current year
    55  produced by the commissioner in support of the budget which includes the
    56  appropriation for  the  general  support  for  public  schools  for  the

        S. 2006--B                         14                         A. 3006--B
 
     1  prescribed payments and individualized payments due prior to April first
     2  for  the  current year plus the apportionment payable during the current
     3  school year pursuant to subdivision six-a  and  subdivision  fifteen  of
     4  section  thirty-six  hundred  two  of  this part minus any reductions to
     5  current year aids pursuant to subdivision seven  of  section  thirty-six
     6  hundred  four  of  this part or any deduction from apportionment payable
     7  pursuant to this chapter for  collection  of  a  school  district  basic
     8  contribution  as  defined  in  subdivision  eight  of section forty-four
     9  hundred one of this  chapter,  less  any  grants  provided  pursuant  to
    10  subparagraph  two-a  of paragraph b of subdivision four of section nine-
    11  ty-two-c of the state finance law, less any grants provided pursuant  to
    12  subdivision  six  of section ninety-seven-nnnn of the state finance law,
    13  less any grants provided pursuant to subdivision twelve of section thir-
    14  ty-six hundred forty-one of this  article,  or  (ii)  the  apportionment
    15  calculated  by  the  commissioner  based on data on file at the time the
    16  payment is processed; provided however, that for  the  purposes  of  any
    17  payments  made  pursuant to this section prior to the first business day
    18  of June of the current year, moneys apportioned shall  not  include  any
    19  aids  payable  pursuant to subdivisions six and fourteen, if applicable,
    20  of section thirty-six hundred two of this part as current year  aid  for
    21  debt service on bond anticipation notes and/or bonds first issued in the
    22  current  year  or  any  aids  payable  for full-day kindergarten for the
    23  current year pursuant to subdivision nine of section thirty-six  hundred
    24  two  of  this part. The definitions of "base year" and "current year" as
    25  set forth in subdivision one of section thirty-six hundred two  of  this
    26  part  shall  apply  to this section. For aid payable in the two thousand
    27  fourteen--two thousand fifteen school year, reference  to  such  "school
    28  aid  computer  listing  for  the  current year" shall mean the printouts
    29  entitled "SA141-5". For aid payable in  the  two  thousand  fifteen--two
    30  thousand  sixteen  school  year,  reference to such "school aid computer
    31  listing  for  the  current  year"  shall  mean  the  printouts  entitled
    32  "SA151-6".
    33    §  7.  The  education law is amended by adding a new section 3609-h to
    34  read as follows:
    35    § 3609-h. Moneys apportioned to school districts for commercial gaming
    36  grants pursuant to subdivision six of section ninety-seven-nnnn  of  the
    37  state finance law, when and how payable commencing July first, two thou-
    38  sand  fourteen.  Notwithstanding  the  provisions  of section thirty-six
    39  hundred nine-a of this part, apportionments payable pursuant to subdivi-
    40  sion six of section ninety-seven-nnnn of the state finance law shall  be
    41  paid  pursuant  to  this  section.  The  definitions  of "base year" and
    42  "current year" as set forth in subdivision  one  of  section  thirty-six
    43  hundred two of this part shall apply to this section.
    44    1.    The  moneys  apportioned by the commissioner to school districts
    45  pursuant to subdivision six of section ninety-seven-nnnn  of  the  state
    46  finance  law  for  the two thousand fourteen-two thousand fifteen school
    47  year and thereafter shall be paid  as  a  commercial  gaming  grant,  as
    48  computed pursuant to such subdivision, as follows:
    49    a.  For  the  two thousand fourteen--two thousand fifteen school year,
    50  one hundred percent of such grant shall be paid on the same date as  the
    51  payment  computed  pursuant to clause (v) of subparagraph three of para-
    52  graph b of subdivision one of section thirty-six hundred nine-a of  this
    53  article.
    54    b.  For the two thousand fifteen--two thousand sixteen school year and
    55  thereafter, seventy percent of such grant shall be paid on the same date
    56  as the payment computed pursuant to clause (ii) of subparagraph three of

        S. 2006--B                         15                         A. 3006--B
 
     1  paragraph b of subdivision one of section thirty-six hundred  nine-a  of
     2  this article, and thirty percent of such grant shall be paid on the same
     3  date  as  the  payment  computed  pursuant to clause (v) of subparagraph
     4  three  of  paragraph  b of subdivision one of section thirty-six hundred
     5  nine-a of this article.
     6    2. Any payment to a school district pursuant to this section shall  be
     7  general  receipts of the district and may be used for any lawful purpose
     8  of the district.
     9    § 7-a. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
    10  section 3602 of the education law, as amended by section 4-a of  part  A
    11  of chapter 56 of the laws of 2014, is amended to read as follows:
    12    (c)  At  the  end  of each ten year segment of an assumed amortization
    13  established pursuant to subparagraphs two, three and four of this  para-
    14  graph,  or  in  the  [two  thousand fifteen -- two thousand sixteen] two
    15  thousand sixteen--two thousand seventeen school  year  in  the  case  of
    16  assumed  amortizations  whose ten year segment ends prior to such school
    17  year, the commissioner shall revise the remaining  scheduled  semiannual
    18  payments of the outstanding principal and interest of such assumed amor-
    19  tization, other than the outstanding principal and interest of refunding
    20  bonds  where the district can demonstrate to the commissioner that it is
    21  precluded by state or federal law, rule or regulation  from  refinancing
    22  such  outstanding  principal  and  interest, based on the interest rates
    23  applicable for the current year if the difference of the  interest  rate
    24  upon  which the existing assumed amortization is based minus such inter-
    25  est rate applicable for the current year is equal to or greater than one
    26  quarter of one-one hundredth. Provided however, in the case  of  assumed
    27  amortization  whose  ten  year  segment ended prior to the [two thousand
    28  fifteen -- two thousand  sixteen]  two  thousand  sixteen--two  thousand
    29  seventeen  school  year  the  next  ten  year segment shall be deemed to
    30  commence with the [two thousand fifteen --  two  thousand  sixteen]  two
    31  thousand  sixteen--two  thousand  seventeen  school year. The department
    32  shall notify school districts of projects subject to the  provisions  of
    33  this  clause  by  no later than December first next preceding the school
    34  year in which the assumed amortization is scheduled to be revised pursu-
    35  ant to this clause.
    36    § 7-b. Subdivision 4 of section 3627 of the education law, as  amended
    37  by  section 7 of part A of chapter 56 of the laws of 2014, is amended to
    38  read as follows:
    39    4. Notwithstanding any other provision of law  to  the  contrary,  any
    40  expenditures for transportation provided pursuant to this section in the
    41  two  thousand thirteen--two thousand fourteen and two thousand fourteen-
    42  -two thousand fifteen school year and thereafter and otherwise  eligible
    43  for  transportation aid pursuant to subdivision seven of section thirty-
    44  six hundred two of this article shall be considered approved transporta-
    45  tion expenses eligible for transportation aid, provided further that for
    46  the two thousand thirteen--two thousand fourteen and two thousand  four-
    47  teen--two  thousand  fifteen  school  year  such aid shall be limited to
    48  eight million one hundred thousand dollars  and  for  the  two  thousand
    49  fifteen--two  thousand sixteen school year and thereafter such aid shall
    50  be limited to twelve million six hundred thousand dollars. And  provided
    51  further that such expenditures eligible for aid under this section shall
    52  supplement  not  supplant  local expenditures for such transportation in
    53  the two thousand twelve--two thousand thirteen school year.
    54    § 8. Paragraph b of subdivision 2 of section  3612  of  the  education
    55  law,  as  amended  by  section  5 of part A of chapter 56 of the laws of
    56  2014, is amended to read as follows:

        S. 2006--B                         16                         A. 3006--B
 
     1    b. Such grants shall be awarded to school districts, within the limits
     2  of funds appropriated therefor, through a competitive process that takes
     3  into consideration the magnitude of any  shortage  of  teachers  in  the
     4  school  district, the number of teachers employed in the school district
     5  who hold temporary licenses to teach in the public schools of the state,
     6  the  number of provisionally certified teachers, the fiscal capacity and
     7  geographic sparsity of the district, the  number  of  new  teachers  the
     8  school district intends to hire in the coming school year and the number
     9  of summer in the city student internships proposed by an eligible school
    10  district,  if applicable. Grants provided pursuant to this section shall
    11  be used only for the purposes enumerated in this section.  Notwithstand-
    12  ing any other provision of law to the contrary, a city  school  district
    13  in a city having a population of one million or more inhabitants receiv-
    14  ing a grant pursuant to this section may use no more than eighty percent
    15  of  such  grant  funds  for any recruitment, retention and certification
    16  costs associated with transitional certification of  teacher  candidates
    17  for  the  school  years  two thousand one--two thousand two through [two
    18  thousand fourteen--two thousand fifteen] two thousand fifteen--two thou-
    19  sand sixteen.
    20    § 9. Subdivision 6 of section 4402 of the education law, as amended by
    21  section 9 of part A of chapter 56 of the laws of  2014,  is  amended  to
    22  read as follows:
    23    6.  Notwithstanding any other law, rule or regulation to the contrary,
    24  the board of education of a city school district with  a  population  of
    25  one  hundred twenty-five thousand or more inhabitants shall be permitted
    26  to establish  maximum  class  sizes  for  special  classes  for  certain
    27  students  with  disabilities  in  accordance with the provisions of this
    28  subdivision. For the purpose of obtaining relief from any adverse fiscal
    29  impact from under-utilization of special education resources due to  low
    30  student  attendance  in  special  education  classes  at  the middle and
    31  secondary level as determined by the commissioner, such boards of educa-
    32  tion shall, during the school years nineteen hundred  ninety-five--nine-
    33  ty-six  through  June  thirtieth,  two thousand [fifteen] sixteen of the
    34  [two thousand fourteen--two thousand fifteen] two thousand  fifteen--two
    35  thousand  sixteen  school year, be authorized to increase class sizes in
    36  special classes containing students with disabilities whose  age  ranges
    37  are  equivalent  to those of students in middle and secondary schools as
    38  defined by the commissioner for purposes of this section by  up  to  but
    39  not to exceed one and two tenths times the applicable maximum class size
    40  specified  in  regulations of the commissioner rounded up to the nearest
    41  whole number, provided that in a city school  district  having  a  popu-
    42  lation of one million or more, classes that have a maximum class size of
    43  fifteen  may  be increased by no more than one student and provided that
    44  the projected average class size shall not exceed the maximum  specified
    45  in  the  applicable  regulation,  provided that such authorization shall
    46  terminate on June thirtieth, two thousand. Such authorization  shall  be
    47  granted  upon  filing  of a notice by such a board of education with the
    48  commissioner stating the board's intention to increase such class  sizes
    49  and  a  certification  that the board will conduct a study of attendance
    50  problems at the secondary level and will implement a  corrective  action
    51  plan  to  increase the rate of attendance of students in such classes to
    52  at least the rate for students attending regular  education  classes  in
    53  secondary  schools of the district. Such corrective action plan shall be
    54  submitted for approval by the commissioner by a date during  the  school
    55  year  in  which such board increases class sizes as provided pursuant to
    56  this subdivision to be prescribed by the  commissioner.  Upon  at  least

        S. 2006--B                         17                         A. 3006--B
 
     1  thirty  days  notice  to the board of education, after conclusion of the
     2  school year in which such board increases class sizes as provided pursu-
     3  ant to this subdivision, the commissioner shall be authorized to  termi-
     4  nate  such  authorization  upon  a  finding that the board has failed to
     5  develop or implement an approved corrective action plan.
     6    § 10. Intentionally omitted.
     7    § 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
     8  4410  of the education law is amended by adding a new clause (C) to read
     9  as follows:
    10    (C) Notwithstanding any other provision of law, rule or regulation  to
    11  the contrary, on or before the two thousand sixteen--two thousand seven-
    12  teen  school year and thereafter, to be phased-in over no more than four
    13  years from such starting year, the commissioner, subject to the approval
    14  of the director of the budget, shall establish  regional  tuition  rates
    15  for  special  education itinerant services based on average actual costs
    16  in accordance with a methodology  established  pursuant  to  subdivision
    17  four of section forty-four hundred five of this article.
    18    §  12. Section 97-nnnn of the state finance law is amended by adding a
    19  new subdivision 6 to read as follows:
    20    6. a. Moneys appropriated from the fund for  the  two  thousand  four-
    21  teen--two  thousand  fifteen  and  two  thousand  fifteen--two  thousand
    22  sixteen school years, for the purposes  of  providing  aid  pursuant  to
    23  paragraph  a  of  subdivision three of this section shall be apportioned
    24  and paid by the education department on or after April first, two  thou-
    25  sand fifteen.
    26    b.  Each  school  district  eligible  to  receive total foundation aid
    27  pursuant to section thirty-six hundred two of the  education  law  shall
    28  receive  a  commercial gaming grant in an amount equal to the product of
    29  the amount of the appropriation of such commercial gaming grants for the
    30  current state fiscal year multiplied by the district's commercial gaming
    31  ratio. The "commercial gaming ratio" shall be equal to the  quotient  of
    32  the  moneys apportioned for such district pursuant to section thirty-six
    33  hundred nine-a of the education law as  set  forth  in  the  school  aid
    34  computer  listing produced by the commissioner in support of the enacted
    35  state budget for the current school year, divided by  the  sum  of  such
    36  moneys  apportioned for all school districts as set forth in such school
    37  aid computer listing in support of the  enacted  state  budget  for  the
    38  current school year.
    39    Moneys  to  be  appropriated  from  the fund in any state fiscal year,
    40  commencing on and after April  first,  two  thousand  fifteen,  for  the
    41  purposes  of providing aid pursuant to this subparagraph shall be appor-
    42  tioned and paid by the education department pursuant to section  thirty-
    43  six hundred nine-h of the education law.
    44    §  13.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
    45  relating to funding a program for work force education conducted by  the
    46  consortium  for worker education in New York city, as amended by section
    47  12 of part A of chapter 56 of the laws of 2014, is amended  to  read  as
    48  follows:
    49    b.  Reimbursement for programs approved in accordance with subdivision
    50  a of this section [for the 2011--2012 school year shall not exceed  62.9
    51  percent  of  the  lesser  of  such  approvable costs per contact hour or
    52  twelve dollars and fifteen cents per contact  hour,  reimbursement]  for
    53  the  2012--2013  school year shall not exceed 63.3 percent of the lesser
    54  of such approvable costs per contact hour or twelve dollars and  thirty-
    55  five  cents  per  contact  hour, reimbursement for the 2013--2014 school
    56  year shall not exceed 62.3 percent of  the  lesser  of  such  approvable

        S. 2006--B                         18                         A. 3006--B
 
     1  costs  per  contact  hour  or  twelve  dollars  and sixty-five cents per
     2  contact hour, [and] reimbursement for the 2014--2015 school  year  shall
     3  not  exceed  61.6  percent  of  the  lesser of such approvable costs per
     4  contact   hour  or  [eight]  thirteen  dollars  per  contact  hour,  and
     5  reimbursement for the 2015--2016  school  year  shall  not  exceed  60.7
     6  percent of the lesser of such approvable costs per contact hour or thir-
     7  teen  dollars  and  forty  cents  per  contact hour where a contact hour
     8  represents sixty minutes of instruction services provided to an eligible
     9  adult.  Notwithstanding any other provision of law to the contrary, [for
    10  the 2011--2012 school year such  contact  hours  shall  not  exceed  one
    11  million  seven  hundred  one  thousand  five hundred seventy (1,701,570)
    12  hours; whereas] for the 2012--2013 school year such contact hours  shall
    13  not  exceed  one  million  six  hundred sixty-four thousand five hundred
    14  thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
    15  such  contact  hours shall not exceed one million six hundred forty-nine
    16  thousand seven hundred forty-six  (1,649,746)  hours;  whereas  for  the
    17  2014--2015  school  year such contact hours shall not exceed one million
    18  six hundred twenty-five thousand  (1,625,000)  hours;  whereas  for  the
    19  2015--2016  school  year such contact hours shall not exceed one million
    20  five hundred ninety-nine thousand fifteen (1,599,015).   Notwithstanding
    21  any other provision of law to the contrary, the apportionment calculated
    22  for  the city school district of the city of New York pursuant to subdi-
    23  vision 11 of section 3602 of the education law shall be computed  as  if
    24  such  contact hours provided by the consortium for worker education, not
    25  to exceed the contact hours set forth herein, were eligible for  aid  in
    26  accordance with the provisions of such subdivision 11 of section 3602 of
    27  the education law.
    28    §  14. Section 4 of chapter 756 of the laws of 1992, relating to fund-
    29  ing a program for work force education conducted by the  consortium  for
    30  worker  education  in New York city, is amended by adding a new subdivi-
    31  sion t to read as follows:
    32    t. The provisions of  this  subdivision  shall  not  apply  after  the
    33  completion  of  payments for the 2015--2016 school year. Notwithstanding
    34  any inconsistent provisions of law, the commissioner of education  shall
    35  withhold  a  portion  of employment preparation education aid due to the
    36  city school district of the city of New York to support a portion of the
    37  costs of the work force education program. Such moneys shall be credited
    38  to the elementary and secondary education fund local assistance  account
    39  and shall not exceed thirteen million dollars ($13,000,000).
    40    §  15. Section 6 of chapter 756 of the laws of 1992, relating to fund-
    41  ing a program for work force education conducted by the  consortium  for
    42  worker education in New York city, as amended by section 14 of part A of
    43  chapter 56 of the laws of 2014, is amended to read as follows:
    44    §  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
    45  repealed on June 30, [2015] 2016.
    46    § 15-a. Paragraph a-1 of subdivision 11 of section 3602 of the  educa-
    47  tion law, as amended by section 14-a of part A of chapter 56 of the laws
    48  of 2014, is amended to read as follows:
    49    a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
    50  sion, for aid payable in the school years two thousand--two thousand one
    51  through two thousand nine--two thousand ten, and two  thousand  eleven--
    52  two   thousand  twelve  through  [two  thousand  fourteen--two  thousand
    53  fifteen] two thousand fifteen--two thousand  sixteen,  the  commissioner
    54  may  set aside an amount not to exceed two million five hundred thousand
    55  dollars from the funds appropriated for purposes of this subdivision for
    56  the purpose of serving persons twenty-one years of age or older who have

        S. 2006--B                         19                         A. 3006--B
 
     1  not been enrolled in any school for the preceding school year, including
     2  persons who have received a high school diploma or  high  school  equiv-
     3  alency diploma but fail to demonstrate basic educational competencies as
     4  defined  in  regulation  by  the commissioner, when measured by accepted
     5  standardized tests, and who shall be eligible to attend employment prep-
     6  aration education programs operated pursuant to this subdivision.
     7    § 16. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
     8  relating to certain provisions related to the 1994-95 state  operations,
     9  aid to localities, capital projects and debt service budgets, as amended
    10  by section 15 of part A of chapter 56 of the laws of 2014, is amended to
    11  read as follows:
    12    1.  Sections  one  through seventy of this act shall be deemed to have
    13  been in full force and effect as of April  1,  1994  provided,  however,
    14  that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
    15  through seventy of this act shall expire and be deemed repealed on March
    16  31, 2000; provided, however, that section twenty of this act shall apply
    17  only to hearings commenced prior to  September  1,  1994,  and  provided
    18  further  that  section twenty-six of this act shall expire and be deemed
    19  repealed on March 31, 1997; and  provided  further  that  sections  four
    20  through fourteen, sixteen, and eighteen, nineteen and twenty-one through
    21  twenty-one-a  of  this  act shall expire and be deemed repealed on March
    22  31, 1997; and provided further that sections three, fifteen,  seventeen,
    23  twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
    24  deemed repealed on March 31, [2016] 2017.
    25    § 17. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
    26  of 1995, amending the education law and other laws relating to state aid
    27  to  school  districts  and the appropriation of funds for the support of
    28  government, as amended by section 16 of part A of chapter 56 of the laws
    29  of 2014, are amended to read as follows:
    30    (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
    31  fourteen,  one hundred fifteen and one hundred sixteen of this act shall
    32  take effect on July 1, 1995; provided, however, that section one hundred
    33  thirteen of this act shall remain in full force and effect until July 1,
    34  [2015] 2016 at which time it shall be deemed repealed;
    35    (24) sections one hundred eighteen through one hundred thirty of  this
    36  act  shall  be deemed to have been in full force and effect on and after
    37  July 1, 1995; provided further, however, that the amendments made pursu-
    38  ant to section one hundred twenty-four of this act shall be deemed to be
    39  repealed on and after July 1, [2015] 2016;
    40    § 18. Section 7 of chapter 472 of  the  laws  of  1998,  amending  the
    41  education law relating to the lease of school buses by school districts,
    42  as amended by section 26 of part A of chapter 57 of the laws of 2013, is
    43  amended to read as follows:
    44    §  7.  This  act shall take effect September 1, 1998, and shall expire
    45  and be deemed repealed September 1, [2015] 2017.
    46    § 19. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
    47  education  law  relating  to conditional appointment of school district,
    48  charter school or BOCES employees, as amended by section 18 of part A of
    49  chapter 56 of the laws of 2014, is amended to read as follows:
    50    § 12. This act shall take effect on the same date as  chapter  180  of
    51  the laws of 2000 takes effect, and shall expire July 1, [2015] 2016 when
    52  upon such date the provisions of this act shall be deemed repealed.
    53    §  20.  Section  4  of  chapter  425 of the laws of 2002, amending the
    54  education law relating to  the  provision  of  supplemental  educational
    55  services,  attendance  at  a  safe  public  school and the suspension of
    56  pupils who bring a firearm to or possess  a  firearm  at  a  school,  as

        S. 2006--B                         20                         A. 3006--B
 
     1  amended  by  section  19 of part A of chapter 56 of the laws of 2014, is
     2  amended to read as follows:
     3    §  4.  This act shall take effect July 1, 2002 and shall expire and be
     4  deemed repealed June 30, [2015] 2016.
     5    § 21. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
     6  education law relating to implementation of the No Child Left Behind Act
     7  of 2001, as amended by section 20 of part A of chapter 56 of the laws of
     8  2014, is amended to read as follows:
     9    §  5.  This  act shall take effect immediately; provided that sections
    10  one, two and three of this act shall expire and be  deemed  repealed  on
    11  June 30, [2015] 2016.
    12    § 21-a. Subdivision 2 of section 1 of part A of chapter 57 of the laws
    13  of  2013  relating  to  school  district  eligibility for an increase in
    14  apportionment of school aid and implementation of standards for conduct-
    15  ing annual professional performance reviews  to  determine  teacher  and
    16  principal effectiveness, is amended to read as follows:
    17    2.  Notwithstanding  any  inconsistent  provision  of  law,  no school
    18  district shall be eligible for an apportionment of general  support  for
    19  public  schools  from the funds appropriated for the 2013-14 school year
    20  and [thereafter] 2014-15 school year in excess of the amount apportioned
    21  to such school district in the base year unless such school district has
    22  submitted documentation that has been approved by  the  commissioner  of
    23  education  by September 1 of the current year, demonstrating that it has
    24  fully implemented the standards and  procedures  for  conducting  annual
    25  professional  performance  reviews  of  classroom  teachers and building
    26  principals in accordance with the requirements of section 3012-c of  the
    27  education  law  and  the  commissioner of education's regulations.   Any
    28  apportionment withheld pursuant to this section shall not occur prior to
    29  April 1 of the current year and shall not have any effect  on  the  base
    30  year calculation for use in the subsequent school year.
    31    § 22. School bus driver training. In addition to apportionments other-
    32  wise  provided  by section 3602 of the education law, for aid payable in
    33  the 2015-2016 school year, the commissioner of education shall  allocate
    34  school  bus  driver  training  grants  to school districts and boards of
    35  cooperative educational services pursuant to sections 3650-a, 3650-b and
    36  3650-c of the education law, or for contracts directly with not-for-pro-
    37  fit educational organizations for the purposes  of  this  section.  Such
    38  payments  shall  not exceed four hundred thousand dollars ($400,000) per
    39  school year.
    40    § 23. Special apportionment for salary  expenses.  a.  Notwithstanding
    41  any  other  provision  of  law,  upon application to the commissioner of
    42  education, not sooner than the first day of  the  second  full  business
    43  week  of  June  2016  and  not later than the last day of the third full
    44  business week of June 2016, a school district eligible for an apportion-
    45  ment pursuant to section 3602 of the education law shall be eligible  to
    46  receive  an  apportionment pursuant to this section, for the school year
    47  ending June 30, 2016, for salary expenses incurred between April  1  and
    48  June 30, 2015 and such apportionment shall not exceed the sum of (i) the
    49  deficit  reduction assessment of 1990--1991 as determined by the commis-
    50  sioner of education, pursuant to paragraph f of subdivision 1 of section
    51  3602 of the education law, as in effect through June 30, 1993, plus (ii)
    52  186 percent of such amount for a city school district in a city  with  a
    53  population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
    54  such  amount  for  a city school district in a city with a population of
    55  more than 195,000 inhabitants and less than 219,000 inhabitants  accord-
    56  ing  to  the  latest  federal  census, plus (iv) the net gap elimination

        S. 2006--B                         21                         A. 3006--B
 
     1  adjustment for 2010--2011, as determined by the commissioner  of  educa-
     2  tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
     3  nation  adjustment  for  2011--2012 as determined by the commissioner of
     4  education  pursuant  to  subdivision 17 of section 3602 of the education
     5  law, and provided further that such apportionment shall not exceed  such
     6  salary  expenses.  Such  application shall be made by a school district,
     7  after the board of education or trustees have adopted a resolution to do
     8  so and in the case of a city school district in a city with a population
     9  in excess of 125,000 inhabitants, with the approval of the mayor of such
    10  city.
    11    b. The claim for an apportionment to be  paid  to  a  school  district
    12  pursuant  to  subdivision  a  of  this section shall be submitted to the
    13  commissioner of education on a form prescribed  for  such  purpose,  and
    14  shall  be  payable upon determination by such commissioner that the form
    15  has been submitted as prescribed. Such approved amounts shall be payable
    16  on the same day in September of the school year following  the  year  in
    17  which  application  was  made as funds provided pursuant to subparagraph
    18  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    19  law, on the audit and warrant  of  the  state  comptroller  on  vouchers
    20  certified  or  approved  by  the commissioner of education in the manner
    21  prescribed by law from moneys in the state lottery  fund  and  from  the
    22  general  fund  to  the  extent that the amount paid to a school district
    23  pursuant to this section exceeds the amount, if  any,  due  such  school
    24  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    25  section  3609-a  of  the  education law in the school year following the
    26  year in which application was made.
    27    c. Notwithstanding the provisions of section 3609-a of  the  education
    28  law, an amount equal to the amount paid to a school district pursuant to
    29  subdivisions  a  and  b of this section shall first be deducted from the
    30  following payments due  the  school  district  during  the  school  year
    31  following  the  year  in which application was made pursuant to subpara-
    32  graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
    33  section  3609-a of the education law in the following order: the lottery
    34  apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
    35  followed by the fixed fall payments payable pursuant to subparagraph (4)
    36  of  such  paragraph  and then followed by the district's payments to the
    37  teachers' retirement system pursuant to subparagraph (1) of  such  para-
    38  graph, and any remainder to be deducted from the individualized payments
    39  due  the  district  pursuant to paragraph b of such subdivision shall be
    40  deducted on a chronological basis starting with the earliest payment due
    41  the district.
    42    § 24. Special apportionment for public pension accruals.  a.  Notwith-
    43  standing any other provision of law, upon application to the commission-
    44  er  of education, not later than June 30, 2016, a school district eligi-
    45  ble for an apportionment pursuant to section 3602 of the  education  law
    46  shall  be eligible to receive an apportionment pursuant to this section,
    47  for the school year ending June 30, 2016 and  such  apportionment  shall
    48  not  exceed  the  additional  accruals  required  to  be  made by school
    49  districts in the 2004--2005 and 2005--2006 school years associated  with
    50  changes  for  such  public pension liabilities. The amount of such addi-
    51  tional accrual shall be certified to the commissioner  of  education  by
    52  the  president of the board of education or the trustees or, in the case
    53  of a city school district in a city  with  a  population  in  excess  of
    54  125,000  inhabitants,  the mayor of such city. Such application shall be
    55  made by a school district, after the board of education or trustees have
    56  adopted a resolution to do so and in the case of a city school  district

        S. 2006--B                         22                         A. 3006--B
 
     1  in  a  city with a population in excess of 125,000 inhabitants, with the
     2  approval of the mayor of such city.
     3    b.  The  claim  for  an  apportionment to be paid to a school district
     4  pursuant to subdivision a of this section  shall  be  submitted  to  the
     5  commissioner  of  education  on  a form prescribed for such purpose, and
     6  shall be payable upon determination by such commissioner that  the  form
     7  has been submitted as prescribed. Such approved amounts shall be payable
     8  on  the  same  day in September of the school year following the year in
     9  which application was made as funds provided  pursuant  to  subparagraph
    10  (4) of paragraph b of subdivision 4 of section 92-c of the state finance
    11  law,  on  the  audit  and  warrant  of the state comptroller on vouchers
    12  certified or approved by the commissioner of  education  in  the  manner
    13  prescribed  by  law  from  moneys in the state lottery fund and from the
    14  general fund to the extent that the amount paid  to  a  school  district
    15  pursuant  to  this  section  exceeds the amount, if any, due such school
    16  district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
    17  section 3609-a of the education law in the  school  year  following  the
    18  year in which application was made.
    19    c.  Notwithstanding  the provisions of section 3609-a of the education
    20  law, an amount equal to the amount paid to a school district pursuant to
    21  subdivisions a and b of this section shall first be  deducted  from  the
    22  following  payments  due  the  school  district  during  the school year
    23  following the year in which application was made  pursuant  to  subpara-
    24  graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
    25  section 3609-a of the education law in the following order: the  lottery
    26  apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
    27  followed by the fixed fall payments payable pursuant to subparagraph (4)
    28  of such paragraph and then followed by the district's  payments  to  the
    29  teachers'  retirement  system pursuant to subparagraph (1) of such para-
    30  graph, and any remainder to be deducted from the individualized payments
    31  due the district pursuant to paragraph b of such  subdivision  shall  be
    32  deducted on a chronological basis starting with the earliest payment due
    33  the district.
    34    §  25.  a.  Notwithstanding  any  other law, rule or regulation to the
    35  contrary, any moneys appropriated to the state education department  may
    36  be  suballocated  to  other state departments or agencies, as needed, to
    37  accomplish the intent of the specific appropriations contained therein.
    38    b. Notwithstanding any other law, rule or regulation to the  contrary,
    39  moneys  appropriated  to the state education department from the general
    40  fund/aid to localities,  local  assistance  account-001,  shall  be  for
    41  payment  of  financial  assistance,  as scheduled, net of disallowances,
    42  refunds, reimbursement and credits.
    43    c. Notwithstanding any other law, rule or regulation to the  contrary,
    44  all  moneys  appropriated  to  the state education department for aid to
    45  localities shall be available for payment of aid heretofore or hereafter
    46  to accrue and may be suballocated to other departments and  agencies  to
    47  accomplish the intent of the specific appropriations contained therein.
    48    d.  Notwithstanding any other law, rule or regulation to the contrary,
    49  moneys appropriated  to  the  state  education  department  for  general
    50  support  for  public  schools may be interchanged with any other item of
    51  appropriation for general support for public schools within the  general
    52  fund  local  assistance  account office of prekindergarten through grade
    53  twelve education programs.
    54    § 25-a. Notwithstanding any provision of law to the  contrary,  excess
    55  state  building  aid  payments in the amount of not more than $1,989,867
    56  made to the Johnson City central school district in various school years

        S. 2006--B                         23                         A. 3006--B
 
     1  shall be recovered in five equal annual installments beginning the later
     2  of June of 2015 or June of the school year in  which  such  district  is
     3  notified  of such excess payments. Provided, further, that such district
     4  may  elect  to  make  an  initial  payment  no later than thirty days in
     5  advance of the first annual installment which shall reduce the amount of
     6  each annual installment.
     7    § 25-b. Notwithstanding any provision of the law to the contrary,  for
     8  the  Amsterdam  city  school  district having a penalty arising from the
     9  late filing of a final cost report pursuant to section 31 of part  A  of
    10  chapter  57  of  the  laws  of  2012  in  the  amount  of  not more than
    11  $5,337,224, the commissioner of education shall recover such penalty  in
    12  five  equal  annual  installments beginning the later of June of 2017 or
    13  June of the school year in which such district is notified of the penal-
    14  ty. Provided further that such district may elect  to  make  an  initial
    15  payment  no  later  than  thirty  days  in  advance  of the first annual
    16  installment which shall reduce the amount of each annual installment.
    17    § 25-c. Notwithstanding any provision of the law to the contrary,  for
    18  the  Tonawanda  city  school  district having a penalty arising from the
    19  late filing of a final cost report pursuant to section 31 of part  A  of
    20  chapter  57  of  the  laws  of  2012  in  the  amount  of  not more than
    21  $1,455,736, the commissioner of education shall recover such penalty  in
    22  five  equal  annual  installments beginning the later of June of 2017 or
    23  June of the school year in which such district is notified of the penal-
    24  ty. Provided, further, that such district may elect to make  an  initial
    25  payment  no  later  than  thirty  days  in  advance  of the first annual
    26  installment which shall reduce the amount of each annual installment.
    27    § 25-d. Notwithstanding any provision of law to the  contrary,  excess
    28  state  building  aid  payments in the amount of not more than $2,249,247
    29  made to the East Islip union free  school  district  in  various  school
    30  years shall be recovered in five equal annual installments beginning the
    31  later  of June of 2017 or June of the school year in which such district
    32  is notified of  such  excess  payments.  Provided,  further,  that  such
    33  district  may elect to make an initial payment no later than thirty days
    34  in advance of the first annual installment which shall reduce the amount
    35  of each annual installment.
    36    § 25-e. Notwithstanding any provision of the law to the contrary,  for
    37  the  Mount  Morris central school district having a penalty arising from
    38  the late filing of a final cost report pursuant to section 31 of part  A
    39  of  chapter  57  of  the  laws  of  2012  in the amount of not more than
    40  $2,457,364, the commissioner of education shall recover such penalty  in
    41  five  equal  annual  installments beginning the later of June of 2017 or
    42  June of the school year in which such district is notified of the penal-
    43  ty. Provided, further, that such district may elect to make  an  initial
    44  payment  no  later  than  thirty  days  in  advance  of the first annual
    45  installment which shall reduce the amount of each annual installment.
    46    § 26. Notwithstanding the provision of any law, rule, or regulation to
    47  the contrary, the city school district of the city  of  Rochester,  upon
    48  the  consent  of  the  board  of cooperative educational services of the
    49  supervisory district serving its geographic  region  may  purchase  from
    50  such  board  for  the  2015--2016 school year, as a non-component school
    51  district, services required by article 19 of the education law.
    52    § 26-a. Subdivision 10 of section 6-p of the general municipal law, as
    53  amended by section 14-b of part A of chapter 56 of the laws of 2014,  is
    54  amended to read as follows:
    55    10.  Notwithstanding any provision of law to the contrary, the govern-
    56  ing board of a school district may, during the [two thousand  fourteen--

        S. 2006--B                         24                         A. 3006--B

     1  two  thousand fifteen] two thousand fifteen--two thousand sixteen school
     2  year, authorize a withdrawal from this fund in an amount not  to  exceed
     3  the  lesser  of:  (a)  the dollar value of excess funding in the fund as
     4  determined  by  the comptroller pursuant to section thirty-three of this
     5  chapter or (b) the amount of the school district's remaining gap  elimi-
     6  nation  adjustment as calculated by the commissioner of education pursu-
     7  ant to subdivision seventeen of section thirty-six hundred  two  of  the
     8  education  law. Funds withdrawn pursuant to this subdivision may only be
     9  used for the purpose of maintaining educational programming  during  the
    10  [two  thousand fourteen--two thousand fifteen] two thousand fifteen--two
    11  thousand sixteen school year which otherwise would have been reduced  as
    12  a result of such gap elimination adjustment. Governing boards which make
    13  such a withdrawal shall submit, in a form prescribed by the commissioner
    14  of  education,  relevant  information  about the withdrawal, which shall
    15  include but not be limited to, the amount of such withdrawal,  the  date
    16  of withdrawal, and the use of such withdrawn funds.
    17    §  26-b. Subdivision a of section 5 of chapter 121 of the laws of 1996
    18  relating to authorizing the Roosevelt  union  free  school  district  to
    19  finance  deficits by the issuance of serial bonds, as amended by section
    20  20-b of part A of chapter 56 of the laws of 2014, is amended to read  as
    21  follows:
    22    a.  Notwithstanding  any  other provisions of law, upon application to
    23  the commissioner of education submitted not sooner than April first  and
    24  not  later than June thirtieth of the applicable school year, the Roose-
    25  velt union free school district shall be eligible to receive  an  appor-
    26  tionment pursuant to this chapter for salary expenses, including related
    27  benefits, incurred between April first and June thirtieth of such school
    28  year.   Such apportionment shall not exceed: for the 1996-97 school year
    29  through  the  [2014-15]  2015-16  school  year,  four  million   dollars
    30  ($4,000,000);  for  the  [2015-16]  2016-17  school  year, three million
    31  dollars ($3,000,000); for the [2016-17] 2017-18 school year, two million
    32  dollars ($2,000,000); for the [2017-18] 2018-19 school year, one million
    33  dollars ($1,000,000); and for the [2018-19] 2019-20  school  year,  zero
    34  dollars.    Such  annual  application  shall  be made after the board of
    35  education has adopted a resolution to do so with  the  approval  of  the
    36  commissioner of education.
    37    §  27. The amounts specified in this section shall be a set aside from
    38  the state funds which each such district is  receiving  from  the  total
    39  foundation  aid:  for  the  purpose  of  the development, maintenance or
    40  expansion of magnet schools or magnet school programs for the 2015--2016
    41  school year. To the city school district of the city of New  York  there
    42  shall  be  paid  forty-eight  million  one hundred seventy-five thousand
    43  dollars ($48,175,000) including five hundred thousand dollars ($500,000)
    44  for the Andrew Jackson High School; to the Buffalo city school district,
    45  twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
    46  Rochester  city  school district, fifteen million dollars ($15,000,000);
    47  to  the  Syracuse  city  school  district,  thirteen   million   dollars
    48  ($13,000,000);  to  the Yonkers city school district, forty-nine million
    49  five hundred thousand dollars ($49,500,000); to the Newburgh city school
    50  district,  four  million  six  hundred   forty-five   thousand   dollars
    51  ($4,645,000); to the Poughkeepsie city school district, two million four
    52  hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
    53  city school district, two  million  dollars  ($2,000,000);  to  the  New
    54  Rochelle  city  school  district,  one million four hundred ten thousand
    55  dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
    56  million eight hundred thousand dollars ($1,800,000); to the Port Chester

        S. 2006--B                         25                         A. 3006--B
 
     1  city  school  district,  one  million one hundred fifty thousand dollars
     2  ($1,150,000); to the White Plains city  school  district,  nine  hundred
     3  thousand  dollars ($900,000); to the Niagara Falls city school district,
     4  six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
     5  district,  three   million   five   hundred   fifty   thousand   dollars
     6  ($3,550,000);  to  the  Utica  city school district, two million dollars
     7  ($2,000,000); to the Beacon city school district, five hundred sixty-six
     8  thousand dollars ($566,000); to the  Middletown  city  school  district,
     9  four  hundred  thousand  dollars  ($400,000); to the Freeport union free
    10  school district, four hundred thousand dollars ($400,000); to the Green-
    11  burgh  central  school  district,   three   hundred   thousand   dollars
    12  ($300,000);  to  the Amsterdam city school district, eight hundred thou-
    13  sand dollars ($800,000); to the  Peekskill  city  school  district,  two
    14  hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
    15  district, four hundred thousand dollars ($400,000). Notwithstanding  the
    16  provisions of this section, a school district receiving a grant pursuant
    17  to  this  section may use such grant funds for: (i) any instructional or
    18  instructional support costs associated with the operation  of  a  magnet
    19  school; or (ii) any instructional or instructional support costs associ-
    20  ated  with  implementation  of  an  alternative approach to reduction of
    21  racial isolation and/or enhancement of  the  instructional  program  and
    22  raising  of  standards  in  elementary  and  secondary schools of school
    23  districts having substantial concentrations of  minority  students.  The
    24  commissioner  of  education  shall  not be authorized to withhold magnet
    25  grant funds from a school district that used such  funds  in  accordance
    26  with  this  paragraph,  notwithstanding any inconsistency with a request
    27  for proposals issued by such commissioner. For the purpose of attendance
    28  improvement and dropout prevention for the 2015--2016 school  year,  for
    29  any  city school district in a city having a population of more than one
    30  million, the setaside for attendance improvement and dropout  prevention
    31  shall  equal  the  amount set aside in the base year. For the 2015--2016
    32  school year, it is further provided that any city school district  in  a
    33  city  having  a  population  of  more than one million shall allocate at
    34  least one-third of any increase from base year levels in funds set aside
    35  pursuant to the requirements  of  this  subdivision  to  community-based
    36  organizations.  Any  increase  required  pursuant to this subdivision to
    37  community-based  organizations  must  be  in  addition  to   allocations
    38  provided  to  community-based  organizations  in  the base year. For the
    39  purpose of teacher support for the 2015--2016 school year: to  the  city
    40  school district of the city of New York, sixty-two million seven hundred
    41  seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
    42  district,  one  million  seven  hundred   forty-one   thousand   dollars
    43  ($1,741,000);  to the Rochester city school district, one million seven-
    44  ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
    45  district,   one   million   one  hundred  forty-seven  thousand  dollars
    46  ($1,147,000); and to the Syracuse city school  district,  eight  hundred
    47  nine  thousand  dollars ($809,000). All funds made available to a school
    48  district pursuant to this section shall be  distributed  among  teachers
    49  including  prekindergarten teachers and teachers of adult vocational and
    50  academic subjects in accordance with this section and shall be in  addi-
    51  tion  to  salaries heretofore or hereafter negotiated or made available;
    52  provided, however, that all funds distributed pursuant to  this  section
    53  for  the  current year shall be deemed to incorporate all funds distrib-
    54  uted pursuant to former subdivision 27 of section 3602 of the  education
    55  law  for prior years. In school districts where the teachers are repres-
    56  ented by certified or  recognized  employee  organizations,  all  salary

        S. 2006--B                         26                         A. 3006--B
 
     1  increases  funded  pursuant to this section shall be determined by sepa-
     2  rate collective negotiations conducted pursuant to  the  provisions  and
     3  procedures  of  article 14 of the civil service law, notwithstanding the
     4  existence  of  a  negotiated  agreement  between a school district and a
     5  certified or recognized employee organization.
     6    § 28. Support of public libraries. The  moneys  appropriated  for  the
     7  support  of  public  libraries by a chapter of the laws of 2015 enacting
     8  the aid to localities budget shall  be  apportioned  for  the  2015-2016
     9  state  fiscal  year  in  accordance with the provisions of sections 271,
    10  272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
    11  provisions  of this chapter and the provisions of this section, provided
    12  that library construction aid pursuant to section 273-a of the    educa-
    13  tion law shall not be payable from the appropriations for the support of
    14  public libraries and provided further that no library, library system or
    15  program, as defined by the commissioner of education, shall receive less
    16  total  system  or  program  aid  than it received for the year 2001-2002
    17  except as a result of a reduction adjustment necessary to conform to the
    18  appropriations for support of public libraries.
    19    Notwithstanding any other provision of law to the contrary the  moneys
    20  appropriated  for the support of public libraries for the year 2015-2016
    21  by a chapter of the laws of 2015 enacting the education, labor and fami-
    22  ly assistance budget shall fulfill the  state's  obligation  to  provide
    23  such aid and, pursuant to a plan developed by the commissioner of educa-
    24  tion  and  approved  by  the  director of the budget, the aid payable to
    25  libraries and library systems pursuant to such appropriations  shall  be
    26  reduced  proportionately  to assure that the total amount of aid payable
    27  does not exceed the total appropriations for such purpose.
    28    § 28-a. Subdivision 3 of section  4204-b  of  the  education  law,  as
    29  amended  by section 12-b of part A of chapter 57 of the laws of 2012, is
    30  amended to read as follows:
    31    3. The state comptroller may deduct from any state funds which  become
    32  due  to  a  school  district  for  each  year in which such child was in
    33  attendance at such institution  or  facility  an  amount  equal  to  the
    34  reimbursement  required to be made by such school district in accordance
    35  with this section, and the amount so deducted shall not be  included  in
    36  the operating expense of such district for the purposes of computing the
    37  [apportionment  for]  approved operating expense [aid] pursuant to para-
    38  graph t of subdivision [eleven] one of section thirty-six hundred two of
    39  this chapter.
    40    § 29. Severability. The provisions of this act shall be severable, and
    41  if the application of  any  clause,  sentence,  paragraph,  subdivision,
    42  section  or  part  of  this  act  to any person or circumstance shall be
    43  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    44  judgment shall not necessarily affect, impair or invalidate the applica-
    45  tion of any such clause, sentence, paragraph, subdivision, section, part
    46  of  this  act  or  remainder  thereof,  as the case may be, to any other
    47  person or circumstance, but shall be confined in its  operation  to  the
    48  clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
    49  directly involved in the controversy in which such judgment  shall  have
    50  been rendered.
    51    §  30.  This act shall take effect immediately, and shall be deemed to
    52  have been in full force and effect on and after April 1, 2015, provided,
    53  however, that:
    54    1. Sections one, eight, nine, fourteen, twenty-two, twenty-six,  twen-
    55  ty-six-a and twenty-seven of this act shall take effect July 1, 2015.

        S. 2006--B                         27                         A. 3006--B
 
     1    2. Sections seven and twelve of this act shall take effect immediately
     2  and  shall  be deemed to have been in full force and effect on and after
     3  April 1, 2014.
     4    3. Sections six and thirteen of this act shall take effect immediately
     5  and  shall  be deemed to have been in full force and effect on and after
     6  July 1, 2014.
     7    4.  Section eleven of this act shall take  effect  July  1,  2015  and
     8  shall  first  apply  to reimbursement for services and programs provided
     9  pursuant to section 4410 of  the  education  law  as  provided  in  such
    10  section.
    11    5. This act shall take effect immediately; provided, however, that the
    12  amendments  to  paragraph  b-1  of subdivision 4 of section 3602  of the
    13  education law made by section five-a of this act shall  not  affect  the
    14  expiration of such paragraph and shall be deemed to expire therewith.
    15    6.  The  amendments  to  chapter  756 of the laws of 1992, relating to
    16  funding a program for work force education conducted by a consortium for
    17  worker education in New York city, made by sections thirteen  and  four-
    18  teen  of  this act shall not affect the repeal of such chapter and shall
    19  be deemed repealed therewith.
    20    7. Section seventeen of this act shall  take  effect  immediately  and
    21  shall  be  deemed to have been in full force and effect on and after the
    22  effective date of section 140 of chapter 82 of the laws of 1995.
 
    23                                   PART B
 
    24                            Intentionally Omitted
 
    25                                   PART C
 
    26    Section 1. The education law is amended by adding a new section  679-g
    27  to read as follows:
    28    §  679-g. New York state get on your feet loan forgiveness program. 1.
    29  Purpose. The president shall grant student loan forgiveness  awards  for
    30  the  purpose  of alleviating the burden of federal student loan debt for
    31  recent New York state college graduates.
    32    2. Eligibility. To be eligible for an award pursuant to this  section,
    33  an applicant shall: (a) have graduated from a high school located in New
    34  York  state  or  attended an approved New York state program for a state
    35  high school equivalency diploma and received such high school equivalen-
    36  cy diploma; (b) have graduated and obtained an undergraduate degree from
    37  a college or university with its headquarters located in New York  state
    38  in  or after the two thousand fourteen--fifteen academic year; (c) apply
    39  for this program within two years of obtaining such  degree;  (d)  be  a
    40  participant  in  a  federal  income-driven  repayment plan whose payment
    41  amount is generally ten percent of discretionary income; (e) have income
    42  of less than fifty thousand dollars; (f) comply with subdivisions  three
    43  and  five of section six hundred sixty-one of this part; and (g) work in
    44  New York state, if employed. For  purposes  of  this  program,  "income"
    45  shall be the total adjusted gross income of the applicant and the appli-
    46  cant's spouse, if applicable.
    47    3.  Awards.  An applicant whose annual income is less than fifty thou-
    48  sand dollars shall be eligible to receive an award equal to one  hundred
    49  percent  of  his  or  her  monthly  federal income-driven repayment plan
    50  payments for twenty-four months of repayment under the federal  program.
    51  Provided,  however,  that the awards granted under this section shall be

        S. 2006--B                         28                         A. 3006--B
 
     1  deferred for a recipient who has been granted a deferment or forbearance
     2  under the federal income-driven repayment plan. Upon completion of  such
     3  deferment  or  forbearance  period,  such recipient shall be eligible to
     4  receive an award for the remaining time period under this subdivision. A
     5  recipient  who  is  not  a  resident  of  New York state at the time any
     6  payment is made under this program shall  be  required  to  refund  such
     7  payments  to  the  state. The corporation shall be authorized to recover
     8  such payments in accordance with rules and  regulations  promulgated  by
     9  the  corporation. A student who is delinquent or in default on a student
    10  loan made under any statutory New York state or federal  education  loan
    11  program  or  has  failed to comply with the terms of a service condition
    12  imposed by an award made pursuant to this article or has failed to repay
    13  an award shall be ineligible to receive  an  award  under  this  program
    14  until such delinquency, default or failure is cured.
    15    4.  Rules and regulations. The corporation is authorized to promulgate
    16  rules and regulations, and may promulgate emergency  regulations  neces-
    17  sary for the implementation of the provisions of this section.
    18    §  2.  This  act  shall take effect immediately and shall be deemed to
    19  have been in full force and effect on and after April 1, 2015.
 
    20                                   PART D
 
    21                            Intentionally Omitted
 
    22                                   PART E
 
    23                            Intentionally Omitted
 
    24                                   PART F
 
    25    Section 1. The banking law is amended by adding a new section  9-w  to
    26  read as follows:
    27    §  9-w.  Standard  financial  aid  award letter. The superintendent of
    28  financial services in consultation with  the  president  of  the  higher
    29  education  services  corporation  shall develop a standard financial aid
    30  award letter which shall clearly delineate (a)  the  estimated  cost  of
    31  attendance,  including but not limited to, the cost of tuition and fees,
    32  room and board, books, and transportation. Such  standard  letter  shall
    33  provide  the  estimated cost of attendance for the current academic year
    34  as well as estimates for each academic year that the student would  need
    35  to  attend  to  earn a degree at such institution with a disclaimer that
    36  the cost of attendance for years other than the  current  academic  year
    37  are  estimates  and  may  be  subject  to  change, (b) all financial aid
    38  offered from the federal government, the state, and the institution with
    39  an explanation as to which components will require  repayment,  (c)  any
    40  expected  student and/or family contribution, (d) campus-specific gradu-
    41  ation, median borrowing, and loan  default  rates,  and  (e)  any  other
    42  information as determined by the superintendent in consultation with the
    43  president.    Such  standard letter shall include a glossary of standard
    44  terms and definitions used on such standard letter.  The  superintendent
    45  shall  publish and make available such standard letter by December thir-
    46  ty-first, two thousand fifteen and thereafter. Each college,  vocational
    47  institution,  and  any other institution that offers an approved program
    48  as defined in section six hundred one of the education law shall utilize

        S. 2006--B                         29                         A. 3006--B
 
     1  the standard letter issued by the department of  financial  services  in
     2  responding  to  all  financial  aid  applicants  for  the  two  thousand
     3  sixteen--two thousand seventeen academic year and thereafter. The super-
     4  intendent shall promulgate regulations implementing this section.
     5    §  2.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2015.
 
     7                                   PART G
 
     8                            Intentionally Omitted
 
     9                                   PART H
 
    10                            Intentionally Omitted
 
    11                                   PART I
 
    12    Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
    13  section  131-o  of  the  social services law, as amended by section 1 of
    14  part E of chapter 58 of the  laws  of  2014,  are  amended  to  read  as
    15  follows:
    16    (a)  in  the  case of each individual receiving family care, an amount
    17  equal to at least [$139.00] $141.00 for each month beginning on or after
    18  January first, two thousand [fourteen] fifteen.
    19    (b) in the case of each  individual  receiving  residential  care,  an
    20  amount  equal  to at least [$160.00] $163.00 for each month beginning on
    21  or after January first, two thousand [fourteen] fifteen.
    22    (c) in the case of  each  individual  receiving  enhanced  residential
    23  care,  an  amount  equal  to  at  least [$190.00] $193.00 for each month
    24  beginning on or after January first, two thousand [fourteen] fifteen.
    25    (d) for the period commencing January first,  two  thousand  [fifteen]
    26  sixteen,  the  monthly personal needs allowance shall be an amount equal
    27  to the sum of the amounts set forth in subparagraphs one and two of this
    28  paragraph:
    29    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    30  subdivision; and
    31    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    32  the percentage of any  federal  supplemental  security  income  cost  of
    33  living adjustment which becomes effective on or after January first, two
    34  thousand  [fifteen]  sixteen,  but prior to June thirtieth, two thousand
    35  [fifteen] sixteen, rounded to the nearest whole dollar.
    36    § 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
    37  section  209 of the social services law, as amended by section 2 of part
    38  E of chapter 58 of the laws of 2014, are amended to read as follows:
    39    (a) On and after January first, two thousand [fourteen]  fifteen,  for
    40  an  eligible  individual  living  alone,  [$808.00]  $820.00; and for an
    41  eligible couple living alone, [$1186.00] $1204.00.
    42    (b) On and after January first, two thousand [fourteen]  fifteen,  for
    43  an  eligible  individual  living  with  others  with  or without in-kind
    44  income, [$744.00] $756.00; and for an eligible couple living with others
    45  with or without in-kind income, [$1128.00] $1146.00.
    46    (c) On and after January first, two thousand [fourteen]  fifteen,  (i)
    47  for  an  eligible individual receiving family care, [$987.48] $999.48 if
    48  he or she is receiving such care in the city of New York or  the  county

        S. 2006--B                         30                         A. 3006--B
 
     1  of  Nassau,  Suffolk,  Westchester or Rockland; and (ii) for an eligible
     2  couple receiving family care in the city of New York or  the  county  of
     3  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
     4  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
     5  ual  receiving  such  care  in  any other county in the state, [$949.48]
     6  $961.48; and (iv) for an eligible couple  receiving  such  care  in  any
     7  other  county  in  the state, two times the amount set forth in subpara-
     8  graph (iii) of this paragraph.
     9    (d) On and after January first, two thousand [fourteen]  fifteen,  (i)
    10  for  an  eligible  individual  receiving  residential  care,  [$1156.00]
    11  $1168.00 if he or she is receiving such care in the city of New York  or
    12  the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
    13  eligible couple receiving residential care in the city of  New  York  or
    14  the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
    15  amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
    16  eligible  individual  receiving  such  care  in  any other county in the
    17  state, [$1126.00] $1138.00; and (iv) for an  eligible  couple  receiving
    18  such  care  in  any  other county in the state, two times the amount set
    19  forth in subparagraph (iii) of this paragraph.
    20    (e) (i) On and after January first, two thousand  [fourteen]  fifteen,
    21  for   an   eligible  individual  receiving  enhanced  residential  care,
    22  [$1415.00] $1427.00; and (ii) for an eligible couple receiving  enhanced
    23  residential  care, two times the amount set forth in subparagraph (i) of
    24  this paragraph.
    25    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    26  vision shall be increased to reflect any increases  in  federal  supple-
    27  mental  security income benefits for individuals or couples which become
    28  effective on or after January first, two thousand [fifteen] sixteen  but
    29  prior to June thirtieth, two thousand [fifteen] sixteen.
    30    § 3. This act shall take effect December 31, 2015.
 
    31                                   PART J
 
    32    Section  1.  Subparagraph 8 of paragraph h of subdivision 4 of section
    33  1950 of the education law, as amended by section 1 of part G of  chapter
    34  58 of the laws of 2014, is amended to read as follows:
    35    (8)  To  enter  into  contracts with the commissioner of the office of
    36  children and family services pursuant to subdivision  six-a  of  section
    37  thirty-two  hundred  two  of this chapter to provide to such office, for
    38  the benefit of youth in its custody,  any  special  education  programs,
    39  related  services  [and],  career  and  technical education services and
    40  music, art and foreign language programs provided by the board of  coop-
    41  erative  educational  services  to  component school districts. Any such
    42  proposed contract shall be subject to the review  and  approval  of  the
    43  commissioner to determine that it is an approved cooperative educational
    44  service.  Services provided pursuant to such contracts shall be provided
    45  at cost, and the board of cooperative educational services shall not  be
    46  authorized  to  charge  any costs incurred in providing such services to
    47  its component school districts.
    48    § 2. Subdivision 6-a of section 3202 of the education law, as  amended
    49  by  section 2 of part G of chapter 58 of the laws of 2014, is amended to
    50  read as follows:
    51    6-a. Notwithstanding subdivision six of this section or any other  law
    52  to  the  contrary, the commissioner of the office of children and family
    53  services shall be responsible for the secular education of  youth  under
    54  the  jurisdiction of the office and may contract for such education with

        S. 2006--B                         31                         A. 3006--B
 
     1  the trustees or board of education of  the  school  district  wherein  a
     2  facility  for  the residential care of such youth is located or with the
     3  board of cooperative educational  services  at  which  any  such  school
     4  district is a component district for special education programs, related
     5  services  and career and technical education services and music, art and
     6  foreign language programs in accordance with subparagraph eight of para-
     7  graph (h) of subdivision four of section nineteen hundred fifty of  this
     8  chapter.  A  youth attending a local public school while in residence at
     9  such facility shall be deemed a resident of the  school  district  where
    10  his  parent  or guardian resides at the commencement of each school year
    11  for the purpose of determining which school district shall be  responsi-
    12  ble for the youth's tuition pursuant to section five hundred four of the
    13  executive law.
    14    §  3. Subdivision 1 of section 505 of the executive law, as amended by
    15  chapter 465 of the laws of 1992, is amended to read as follows:
    16    1. There shall be a facility director of  each  [division  for  youth]
    17  office  of children and family services operated facility. Such facility
    18  director shall be appointed by the [director] commissioner of the [divi-
    19  sion] office of children and family services and the position  shall  be
    20  in the noncompetitive class and designated as confidential as defined by
    21  subdivision  two-a  of  section  forty-two of the civil service law. The
    22  facility director shall have [two years] such experience [in appropriate
    23  titles in state government. Such facility director shall have such]  and
    24  other qualifications as may be prescribed by the director of classifica-
    25  tion  and compensation within the department of civil service in consul-
    26  tation with the commissioner of the [division,] office of  children  and
    27  family  services  based on differences in duties, levels of responsibil-
    28  ity, size and character of the facility, knowledge, skills and abilities
    29  required, and other factors affecting the position [and].  Such facility
    30  director shall serve at the pleasure of the [director]  commissioner  of
    31  the [division] office of children and family services.
    32    §  4.  Section 3 of part K of chapter 57 of the laws of 2012, amending
    33  the education law relating  to  authorizing  the  board  of  cooperative
    34  educational  services  to  enter into contracts with the commissioner of
    35  children and family services to provide certain services, as amended  by
    36  section  3  of  part  G of chapter 58 of the laws of 2014, is amended to
    37  read as follows:
    38    § 3. The office of children and family services, in consultation  with
    39  the  state  education department, shall prepare and submit to the gover-
    40  nor, the temporary president of the senate and the speaker of the assem-
    41  bly a report by December 1,  2015  and  December  1,  2017,  that  shall
    42  analyze  the  cost  effectiveness  and programmatic impact of delivering
    43  special education programs, related services [and], career and technical
    44  education services and music, art and foreign language programs  through
    45  boards  of  cooperative educational services in juvenile justice facili-
    46  ties operated by the office.
    47    § 5. Section 4 of part K of chapter 57 of the laws of  2012,  amending
    48  the  education  law,  relating  to  authorizing the board of cooperative
    49  educational services to enter into contracts with  the  commissioner  of
    50  children  and family services to provide certain services, is amended to
    51  read as follows:
    52    § 4. This act shall take effect July 1, 2012 and shall expire June 30,
    53  [2015] 2018 when upon such date the provisions  of  this  act  shall  be
    54  deemed repealed.
    55    §  6. This act shall take effect immediately; provided, the amendments
    56  to subparagraph (8) of paragraph h of subdivision 4 of section  1950  of

        S. 2006--B                         32                         A. 3006--B
 
     1  the  education  law made by section one of this act shall not affect the
     2  repeal of such subparagraph and  shall  be  deemed  repealed  therewith;
     3  provided,  however,  that  the  amendments to subdivision 6-a of section
     4  3202  of  the  education  law  made by section two of this act shall not
     5  affect the expiration of such subdivision and shall be deemed to  expire
     6  therewith; provided, further, that the amendments to section 3 of part K
     7  of chapter 57 of the laws of 2012 made by section four of this act shall
     8  not affect the repeal of such chapter and shall be deemed repealed ther-
     9  ewith.
 
    10                                   PART K
 
    11    Section  1.  The section heading of section 456 of the social services
    12  law, as added by chapter 865 of the laws of 1977, is amended to read  as
    13  follows:
    14    State reimbursement and payments.
    15    §  2.  Paragraphs  (c)  and (d) of subdivision 1 of section 456 of the
    16  social services law, as amended by chapter 601 of the laws of 1994,  are
    17  amended to read as follows:
    18    [(c)  one  hundred  per  centum of such payments after first deducting
    19  therefrom any federal funds properly to be received on account  of  such
    20  payments, for children placed out for adoption by a voluntary authorized
    21  agency or for children being adopted after being placed out for adoption
    22  by  a  voluntary  authorized agency in accordance with the provisions of
    23  this title,] or [(d)] (c) one hundred per centum of such payments  after
    24  first  deducting  therefrom any federal funds properly to be received on
    25  account of such payments, for children placed out for adoption or  being
    26  adopted after being placed out for adoption by an Indian tribe as refer-
    27  enced  in  subdivision  seven  of section four hundred fifty-one of this
    28  title.
    29    § 3. Section 456 of the social services law is amended by adding a new
    30  subdivision 3 to read as follows:
    31    3. Notwithstanding any other provision of law to the contrary,  for  a
    32  child  who has been placed for adoption by a voluntary authorized agency
    33  with guardianship and custody or care and  custody  of  such  child,  as
    34  referenced  in subdivision one of section four hundred fifty-one of this
    35  title, payments available under section four hundred  fifty-three,  four
    36  hundred  fifty-three-a or four hundred fifty-four of this title shall be
    37  made by the state pursuant to a written agreement between an official of
    38  the office of children and family services and the persons  who  applied
    39  for such payments prior to adoption. Notwithstanding any other provision
    40  of law to the contrary, the office of children and family services shall
    41  not  enter  into  written agreements for, or issue, any such payments in
    42  instances where the person or persons applying for such payments  reside
    43  outside  of  the  state of New York at the time the application for such
    44  payments is made.
    45    § 4. This act shall take effect July 1, 2015 and shall only  apply  to
    46  applications for payments under sections 453, 453-a or 454 of the social
    47  services  law  that  are made on or after such effective date; provided,
    48  however, that effective immediately the commissioner of  the  office  of
    49  children  and  family  services is authorized and directed to promulgate
    50  such rules and regulations as he or she deems necessary to implement the
    51  provisions of this act on or before its effective date.
 
    52                                   PART L

        S. 2006--B                         33                         A. 3006--B
 
     1    Section 1. Section 458-a of the social  services  law  is  amended  by
     2  adding three new subdivisions 6, 7 and 8 to read as follows:
     3    6.  "Successor  guardian"  shall  mean  a  person  or  persons that is
     4  approved by a local social services district to receive payments  pursu-
     5  ant  to this title in accordance with subparagraph (ii) of paragraph (b)
     6  of subdivision five of section four hundred fifty-eight-b of this  title
     7  and  that has been named in the agreement in effect between the relative
     8  guardian and social services official for kinship  guardianship  assist-
     9  ance  payments pursuant to this title who shall provide care and guardi-
    10  anship for a child in the event of death or incapacity of  the  relative
    11  guardian,  as  set  forth  in section four hundred fifty-eight-b of this
    12  title, who has assumed care for and is the guardian or permanent guardi-
    13  an of such child, provided that such person was  appointed  guardian  or
    14  permanent  guardian of such child by the court following, or due to, the
    15  death or incapacity of the relative guardian.  Once approved in  accord-
    16  ance  with  subparagraph  (ii)  of paragraph (b) of section four hundred
    17  fifty-eight-b of this title, a successor guardian  shall  be  deemed  to
    18  have  the  same  rights  and  responsibilities as a relative guardian in
    19  relation to any provisions of this title and any agreement entered  into
    20  under this title.
    21    7.  "Prospective  successor  guardian"  shall mean a person or persons
    22  whom a prospective relative guardian or a  relative  guardian  seeks  to
    23  name or names in the original kinship guardianship assistance agreement,
    24  or  any  amendment  thereto, as set forth in section four hundred fifty-
    25  eight-b of this title, as the person or  persons  to  provide  care  and
    26  guardianship  for  a  child in the event of the death or incapacity of a
    27  relative guardian, who has not been approved in accordance with subpara-
    28  graph (ii) of paragraph (b) of subdivision five of section four  hundred
    29  fifty-eight-b of this title.
    30    8. "Incapacity" shall mean a substantial inability to care for a child
    31  as  a result of: (a) a physically debilitating illness, disease or inju-
    32  ry; or (b) a mental impairment that results in a  substantial  inability
    33  to  understand  the  nature and consequences of decisions concerning the
    34  care of a child.
    35    § 2. Section 458-b of the social services law is amended by  adding  a
    36  new subdivision 1-a to read as follows:
    37    1-a. A child shall remain eligible for kinship guardianship assistance
    38  payments under this title when a successor guardian as defined in subdi-
    39  vision  six  of section four hundred fifty-eight-a of this title assumes
    40  care and guardianship of the child.
    41    § 3. Subdivision 2 of section 458-b of  the  social  services  law  is
    42  amended by adding a new paragraph (d) to read as follows:
    43    (d)  (i)  Notwithstanding  any other provision of law to the contrary,
    44  prior to the social services official approving a prospective  successor
    45  guardian  to  receive payments pursuant to this title in accordance with
    46  subparagraph (ii) of paragraph (b) of subdivision five of this  section:
    47  (1)  the  social  services  official  must complete a national and state
    48  criminal history record check pursuant to  subdivision  two  of  section
    49  three  hundred  seventy-eight-a  of  this  article  for  the prospective
    50  successor guardian and any person over the age of eighteen living in the
    51  home of the prospective  successor  guardian,  in  accordance  with  the
    52  procedures  and  standards  set  forth  in such subdivision; and (2) the
    53  social services official must inquire of  the  office  of  children  and
    54  family  services,  in accordance with section four hundred twenty-four-a
    55  of this article, whether each prospective successor  guardian  and  each
    56  person  over  the  age of eighteen living in the home of the prospective

        S. 2006--B                         34                         A. 3006--B
 
     1  successor guardian has been or is currently the subject of an  indicated
     2  report of child abuse or maltreatment on file with the statewide central
     3  register of child abuse and maltreatment and, if the prospective succes-
     4  sor  guardian  or  any other person over the age of eighteen residing in
     5  the home of the prospective successor guardian resided in another  state
     6  in  the  five  years  preceding  the  inquiry,  request  child abuse and
     7  maltreatment information maintained by the child abuse and  maltreatment
     8  registry  from the applicable child welfare agency in each such state of
     9  previous residence.
    10    (ii) It shall be the duty of the  prospective  successor  guardian  to
    11  inform  the  social services official that has entered into an agreement
    12  with the relative guardian for payments under this title in  writing  of
    13  the  death or incapacity of the relative guardian and of the prospective
    14  successor guardian's desire to enforce the provisions in  the  agreement
    15  that  authorize payment to him or her in the event of the death or inca-
    16  pacity of the relative guardian.
    17    (iii) The clearances requires by subparagraph (i)  of  this  paragraph
    18  shall  be conducted following receipt by the social services official of
    19  the written communication required by subparagraph (ii)  of  this  para-
    20  graph.
    21    §  4.  Subdivision  4  of  section 458-b of the social services law is
    22  amended by adding four new paragraphs (e), (f), (g) and (h) to  read  as
    23  follows:
    24    (e) The original kinship guardianship assistance agreement executed in
    25  accordance  with  this  section  and  any amendments thereto may name an
    26  appropriate person to act as a successor guardian  for  the  purpose  of
    27  providing  care  and  guardianship  for a child in the event of death or
    28  incapacity of the relative guardian.  Nothing herein shall be deemed  to
    29  require  the  relative guardian to name a prospective successor guardian
    30  as a condition for the approval of  a  kinship  guardianship  assistance
    31  agreement.
    32    (f)  A  fully  executed  agreement  between  a relative guardian and a
    33  social services official may be amended  to  add  or  modify  terms  and
    34  conditions  mutually  agreeable  to the relative guardian and the social
    35  services official, including the naming  of  an  appropriate  person  to
    36  provide care and guardianship for a child in the event of death or inca-
    37  pacity of the relative guardian.
    38    (g) The social services official shall inform the relative guardian of
    39  the  right  to name an appropriate person to act as a successor guardian
    40  in the original kinship guardianship assistance agreement or through  an
    41  amendment to such agreement.
    42    (h)  A  fully  executed  agreement  between  a  relative guardian or a
    43  successor guardian and a social services official may be terminated if:
    44    (i) in accordance with paragraph (b)  of  subdivision  seven  of  this
    45  section, a social services official has determined that a relative guar-
    46  dian  or  a  successor guardian is no longer legally responsible for the
    47  support of the child; or
    48    (ii) following the death or permanent incapacity of a relative guardi-
    49  an, all prospective successor guardians named in such agreement were not
    50  approved by the social services district pursuant to  subparagraph  (ii)
    51  of paragraph (b) of subdivision five of this section.
    52    §  5.  Subdivision  5  of section 458-b of the social services law, as
    53  added by section 4 of part F of chapter 58  of  the  laws  of  2010,  is
    54  amended to read as follows:
    55    5.  (a)  Once  the  prospective  relative  guardian with whom a social
    56  services official has entered into an agreement under  subdivision  four

        S. 2006--B                         35                         A. 3006--B
 
     1  of  this  section  has been issued letters of guardianship for the child
     2  and the child has been finally discharged from foster care to such rela-
     3  tive, a social services official shall make monthly kinship guardianship
     4  assistance payments for the care and maintenance of the child.
     5    (b)  (i) In the event of death or incapacity of a relative guardian, a
     6  social services district shall make monthly kinship guardianship assist-
     7  ance payments for the care and maintenance of a  child  to  a  successor
     8  guardian  that  has  been approved pursuant to subparagraph (ii) of this
     9  paragraph.
    10    (ii) Following the death or incapacity of  the  relative  guardian,  a
    11  social  services official shall approve a prospective successor guardian
    12  that is named in the agreement  between  the  relative  guardian  and  a
    13  social services official for payments under this title and that has been
    14  awarded guardianship or permanent guardianship of the child by the court
    15  unless, based on the results of the clearances required by paragraph (d)
    16  of  subdivision  two  of  this section, the social services official has
    17  determined that approval of the prospective successor  guardian  is  not
    18  authorized  or  appropriate.  Provided  however, that no approval can be
    19  issued pursuant to this paragraph unless the prospective successor guar-
    20  dian has been awarded guardianship  or  permanent  guardianship  of  the
    21  child  by  the  court  and  the  clearances required by paragraph (d) of
    22  subdivision two of this section have been conducted.
    23    (iii) Notwithstanding any other provision of law to the contrary, if a
    24  prospective successor guardian assumes care of the child prior to  being
    25  approved pursuant to subparagraph (ii) of this paragraph, payments under
    26  this  title shall be made once a prospective guardian is approved pursu-
    27  ant to such subparagraph retroactively from: (1) in the event  of  death
    28  of  the  relative guardian, the date the successor guardian assumed care
    29  of the child or the date of death of the relative guardian, whichever is
    30  later; or (2) in the event of incapacity of the relative  guardian,  the
    31  date  the  successor  guardian  assumed care of the child or the date of
    32  incapacity of the relative guardian, whichever is later.
    33    (c) In the event that  a  successor  guardian  assumed  care  and  was
    34  awarded  guardianship  or  permanent  guardianship of a child due to the
    35  incapacity of a relative guardian and the relative  guardian  is  subse-
    36  quently  awarded  or  resumes  guardianship or permanent guardianship of
    37  such child and assumes care of such child after the incapacity  ends,  a
    38  social services official shall make monthly kinship guardianship assist-
    39  ance  payments for the care and maintenance of the child to the relative
    40  guardian, in accordance with the terms of  the  fully  executed  written
    41  agreement.
    42    §  6.  Paragraph  (b)  of subdivision 7 of section 458-b of the social
    43  services law, as added by section 4 of part F of chapter 58 of the  laws
    44  of 2010, is amended to read as follows:
    45    (b)  (i) Notwithstanding paragraph (a) of this subdivision, and except
    46  as provided for in paragraph (b) of subdivision five of this section, no
    47  kinship guardianship assistance payments may be made  pursuant  to  this
    48  title if the social services official determines that the relative guar-
    49  dian  is  no  longer  legally  responsible for the support of the child,
    50  including if the status of the legal guardian is terminated or the child
    51  is no longer receiving any support from  such  guardian.  In  accordance
    52  with  the  regulations  of  the office, a relative guardian who has been
    53  receiving kinship guardianship assistance payments on behalf of a  child
    54  under  this title must keep the social services official informed, on an
    55  annual basis, of any circumstances that would make the relative guardian

        S. 2006--B                         36                         A. 3006--B
 
     1  ineligible for such payments or eligible for  payments  in  a  different
     2  amount.
     3    (ii)  Notwithstanding paragraph (a) of this subdivision, and except as
     4  provided for in paragraph (c) of subdivision five of  this  section,  no
     5  kinship  guardianship  assistance  payments may be made pursuant to this
     6  title to a successor guardian if the social services official determines
     7  that the successor guardian is no longer  legally  responsible  for  the
     8  support  of the child, including if the status of the successor guardian
     9  is terminated or the child is no longer receiving any support from  such
    10  guardian.  A successor guardian who has been receiving kinship guardian-
    11  ship assistance payments on behalf of a child under this title must keep
    12  the social services official  informed,  on  an  annual  basis,  of  any
    13  circumstances that would make the successor guardian ineligible for such
    14  payments or eligible for payments in a different amount.
    15    §  7.  Subdivision  8  of section 458-b of the social services law, as
    16  added by section 4 of part F of chapter 58  of  the  laws  of  2010,  is
    17  amended to read as follows:
    18    8.  The placement of the child with the relative guardian or successor
    19  guardian and any kinship guardianship assistance payments made on behalf
    20  of the child under this section shall be considered never to  have  been
    21  made  when  determining  the  eligibility  for adoption subsidy payments
    22  under title nine of this article of a child in such  legal  guardianship
    23  arrangement.
    24    §  8.  Subdivision  2  of section 458-d of the social services law, as
    25  added by section 4 of part F of chapter 58  of  the  laws  of  2010,  is
    26  amended to read as follows:
    27    2. In addition, a social services official shall make payments for the
    28  cost of care, services and supplies payable under the state's program of
    29  medical  assistance  for  needy  persons  provided to any child for whom
    30  kinship guardianship assistance payments are being made under this title
    31  who is not eligible for medical assistance under subdivision one of this
    32  section and for whom the relative or successor  guardian  is  unable  to
    33  obtain  appropriate  and  affordable  medical coverage through any other
    34  available means, regardless of whether the child otherwise qualifies for
    35  medical assistance for needy persons. Payments pursuant to this subdivi-
    36  sion shall be made only with respect to the cost of care, services,  and
    37  supplies  which  are  not  otherwise  covered  or  subject to payment or
    38  reimbursement  by  insurance,  medical  assistance  or  other   sources.
    39  Payments  made  pursuant  to  this subdivision shall only be made if the
    40  relative or successor guardian applies to obtain such  medical  coverage
    41  for  the  child  from  all available sources, unless the social services
    42  official determines that the relative guardian has good  cause  for  not
    43  applying  for such coverage; which shall include that appropriate cover-
    44  age is not available or affordable.
    45    § 9. Subdivisions 1 and 2 of section 458-f of the social services law,
    46  as added by section 4 of part F of chapter 58 of the laws of  2010,  are
    47  amended to read as follows:
    48    1.  Any person aggrieved by the decision of a social services official
    49  not to make a payment or payments pursuant to this title or to make such
    50  payment or payments in an inadequate  or  inappropriate  amount  or  the
    51  failure  of a social services official to determine an application under
    52  this title within thirty days after filing, or the failure of  a  social
    53  services  district  to  agree  to a prospective successor guardian being
    54  named in an agreement or to approve  a  prospective  successor  guardian
    55  pursuant  to  subparagraph  (ii) of paragraph (b) of subdivision five of
    56  section four hundred fifty-eight-b of this title, or the decision  of  a

        S. 2006--B                         37                         A. 3006--B
 
     1  social services district to terminate an agreement pursuant to paragraph
     2  (h)  of  subdivision  four of section four hundred fifty-eight-b of this
     3  title, may appeal to the office of children and family  services,  which
     4  shall  review  the  case  and give such person an opportunity for a fair
     5  hearing thereon and render its decision within thirty  days.  All  deci-
     6  sions  of  the  office  of children and family services shall be binding
     7  upon the social services district involved and shall be complied with by
     8  the social services official thereof.
     9    2. The only issues which may be raised in a fair  hearing  under  this
    10  section  are:  (a)  whether  the social services official has improperly
    11  denied an application for payments under this  title;  (b)  whether  the
    12  social services official has improperly discontinued payments under this
    13  title;  (c)  whether  the  social  services  official has determined the
    14  amount of the payments made or to be made in violation of the provisions
    15  of this title or the regulations of the office of  children  and  family
    16  services  promulgated  hereunder;  [or]  (d) whether the social services
    17  official has failed to determine an application under this title  within
    18  thirty  days;  (e)  whether  the social services official has improperly
    19  denied an application to name a prospective successor  guardian  in  the
    20  original kinship guardianship assistance agreement for payments pursuant
    21  to  this  title or any amendments thereto; (f) whether a social services
    22  official has inappropriately failed to approve a  prospective  successor
    23  guardian;  or (g) whether a social services official has inappropriately
    24  terminated an agreement for payments under this title.
    25    § 10. Subdivision 2 of section 378-a of the social  services  law,  as
    26  added  by  chapter 7 of the laws of 1999, paragraphs (a), (f) and (g) as
    27  amended by chapter 668 of the laws of 2006, paragraph (e) as amended  by
    28  chapter  623  of  the laws of 2008, paragraphs (h) and (i) as amended by
    29  chapter 145 of the laws of 2000 and paragraph (j) as amended by  chapter
    30  405 of the laws of 2010, is amended to read as follows:
    31    2. (a) Notwithstanding any other provision of law to the contrary, and
    32  subject  to  rules  and  regulations of the division of criminal justice
    33  services, an authorized agency, as defined in subdivision ten of section
    34  three hundred seventy-one of this [article] title, shall perform a crim-
    35  inal history record check with the division of criminal justice services
    36  regarding any prospective foster parent or prospective  adoptive  parent
    37  or, a prospective successor guardian in accordance with paragraph (d) of
    38  subdivision  two  of section four hundred fifty-eight-b of this article,
    39  and any person over the age of eighteen who is currently residing in the
    40  home of such prospective foster parent [or], prospective adoptive parent
    41  or prospective successor guardian. Provided, however, that for  prospec-
    42  tive  foster  parents and prospective adoptive parents and other persons
    43  over the age of eighteen in their homes, the  checks  required  by  this
    44  paragraph shall be conducted before the foster parent or adoptive parent
    45  is  finally  certified or approved for the placement of a child. Persons
    46  who are over the age of eighteen residing in the home of a certified  or
    47  approved foster parent and who previously did not have a criminal histo-
    48  ry record check performed in accordance with this subdivision shall have
    49  such  a  criminal  history record check performed when the foster parent
    50  applies for renewal of his or her certification or approval as a  foster
    51  parent.  The  division  of  criminal  justice  services is authorized to
    52  submit fingerprints to the  federal  bureau  of  investigation  for  the
    53  purpose  of  a  nationwide criminal history record check pursuant to and
    54  consistent with public law 92-544 to determine whether such  prospective
    55  foster parent, prospective adoptive parent, prospective successor guard-
    56  ian or person over the age of eighteen currently residing in the home of

        S. 2006--B                         38                         A. 3006--B
 
     1  such  prospective parent or guardian has a criminal history in any state
     2  or federal jurisdiction. The provisions and procedures of this  section,
     3  including  the  criminal history record check of persons over the age of
     4  eighteen  who  are  currently residing in the home of the foster parent,
     5  also shall apply to prospective foster parents certified by  the  office
     6  of  children  and  family  services and to family homes certified by any
     7  other state agency where such family homes care for foster  children  in
     8  accordance  with  a memorandum of understanding with the office of chil-
     9  dren and family services.
    10    (b) Every authorized agency shall obtain  a  set  of  the  prospective
    11  foster  parent  [or], prospective adoptive [parent's] parent or prospec-
    12  tive successor guardian's fingerprints and those of any person over  the
    13  age  of  eighteen  who currently resides in the home of such prospective
    14  foster parent [or], prospective adoptive parent or prospective successor
    15  guardian, and such other information as is required  by  the  office  of
    16  children  and  family  services  and  the  division  of criminal justice
    17  services. The authorized agency shall provide  to  the  applicant  blank
    18  fingerprint  cards  and  a  description of how the completed fingerprint
    19  cards will be used upon submission to the authorized agency. The author-
    20  ized agency shall promptly transmit such fingerprint cards to the office
    21  of children and family services.  The  office  of  children  and  family
    22  services shall promptly submit such fingerprint cards and the processing
    23  fee  imposed  pursuant  to  subdivision eight-a of section eight hundred
    24  thirty-seven of the executive law to the division  of  criminal  justice
    25  services  for its full search and retain processing. Notwithstanding any
    26  other provision of law to the contrary,  the  processing  fee  shall  be
    27  submitted  by  the  office  of  children and family services and no part
    28  thereof shall be charged to the prospective foster parent [or], prospec-
    29  tive adoptive parent, prospective successor guardian or any person  over
    30  the  age  of eighteen who currently resides in the home of such prospec-
    31  tive foster parent [or],  prospective  adoptive  parent  or  prospective
    32  successor  guardian  who  submitted  a fingerprint card pursuant to this
    33  subdivision.
    34    (c) The division of criminal justice services shall  promptly  provide
    35  to the office of children and family services a criminal history record,
    36  if  any, with respect to the prospective foster parent [or], prospective
    37  adoptive parent or prospective successor guardian and any  other  person
    38  over  the  age  of  eighteen  who resides in the home of the prospective
    39  foster parent [or] , prospective adoptive parent or prospective  succes-
    40  sor guardian, or a statement that the individual has no criminal history
    41  record.
    42    (d)  Notwithstanding  any  other provision of law to the contrary, the
    43  office of children and family  services,  upon  receipt  of  a  criminal
    44  history  record  from  the  division  of  criminal justice services, may
    45  request, and is entitled  to  receive,  information  pertaining  to  any
    46  offense  contained  in  such  criminal  history record from any state or
    47  local law enforcement agency or court for the  purposes  of  determining
    48  whether any ground relating to such criminal conviction or pending crim-
    49  inal charge exists for denying an application.
    50    (e)  After  reviewing any criminal history record information provided
    51  by the division of criminal justice services, the office of children and
    52  family services shall promptly notify the  authorized  agency  or  other
    53  state agency that:
    54    (1)  Notwithstanding  any  other  provision of law to the contrary, an
    55  application for certification or approval of a prospective foster parent
    56  or prospective adoptive parent shall be denied  and,  in  the  event  of

        S. 2006--B                         39                         A. 3006--B
 
     1  death  or  incapacity  of  a  relative guardian, an agreement to provide
     2  payments to a prospective successor guardian pursuant to  title  ten  of
     3  this  article  shall  not  be  approved pursuant to subparagraph (ii) of
     4  paragraph  (b) of subdivision five of section four hundred fifty-eight-b
     5  of this article, as applicable, where a criminal history record  of  the
     6  prospective  foster parent [or], prospective adoptive parent or prospec-
     7  tive successor guardian, as applicable, reveals a conviction for:
     8    (A) a felony conviction at any time  involving:  (i)  child  abuse  or
     9  neglect;  (ii)  spousal  abuse; (iii) a crime against a child, including
    10  child pornography; or (iv) a crime involving violence,  including  rape,
    11  sexual  assault,  or  homicide,  other  than  a crime involving physical
    12  assault or battery; or
    13    (B) a felony conviction  within  the  past  five  years  for  physical
    14  assault, battery, or a drug-related offense; or
    15    (2)  Notwithstanding  any  other  provision  of law to the contrary, a
    16  final determination of an application for certification or approval of a
    17  prospective  foster  parent  or  prospective  adoptive  parent  and,  in
    18  relation  to  prospective  successor  guardians,  approval  pursuant  to
    19  subparagraph (ii) of paragraph (b) of subdivision five of  section  four
    20  hundred fifty-eight-b of this article shall be held in abeyance whenever
    21  the  criminal  history  record  of  the  prospective foster parent [or],
    22  prospective adoptive parent or prospective successor guardian, as appli-
    23  cable, reveals:
    24    (A) a charge for a crime set forth in subparagraph one of  this  para-
    25  graph which has not been finally resolved; or
    26    (B)  a felony conviction that may be for a crime set forth in subpara-
    27  graph one of this paragraph. An authorized agency  may  proceed  with  a
    28  determination  of  such  application,  in  a manner consistent with this
    29  subdivision, only upon receiving subsequent notification from the office
    30  of children and family services regarding the status of such  charge  or
    31  the nature of such conviction; or
    32    (3)  consistent  with  the provisions of article twenty-three-A of the
    33  correction law, an  application  for  certification  or  approval  of  a
    34  prospective  foster parent or prospective adoptive parent may[, consist-
    35  ent with the provisions of article twenty-three-A of the correction law,
    36  be denied] be denied, an agreement to provide payments to a  prospective
    37  successor  guardian  pursuant  to  title  ten of this article may not be
    38  approved pursuant to subparagraph (ii) of paragraph (b)  of  subdivision
    39  five  of section four hundred fifty-eight-b of this article, as applica-
    40  ble, where:
    41    (A) a criminal history record of the prospective foster  parent  [or],
    42  prospective  adoptive parent or prospective successor guardian reveals a
    43  charge or a conviction of a crime other than one set forth  in  subpara-
    44  graph one of this paragraph; or
    45    (B)  a  criminal  history  record  of any other person over the age of
    46  eighteen who resides in the home of the prospective foster parent  [or],
    47  prospective  adoptive parent or prospective successor guardian reveals a
    48  charge or a conviction of any crime; or
    49    (4) Notwithstanding any other provision of law  to  the  contrary,  an
    50  application  for  renewal  of  the certification or approval of a foster
    51  parent submitted on or after October first, two thousand eight shall  be
    52  denied based on the conviction of the foster parent of a crime set forth
    53  in  subparagraph one of this paragraph where such conviction occurred on
    54  or after October first, two thousand eight; or
    55    (5) Notwithstanding any other provision of law to  the  contrary,  the
    56  certification  or  approval  of  a  foster parent, or the approval of an

        S. 2006--B                         40                         A. 3006--B
 
     1  adoptive parent who has not completed the  adoption  process,  shall  be
     2  revoked  based  on  the  conviction of the foster parent or the adoptive
     3  parent of a crime set forth in subparagraph one of this paragraph; or
     4    (6) the prospective foster parent [or], prospective adoptive parent or
     5  prospective  successor  guardian and any person over the age of eighteen
     6  who is residing in the home  of  the  prospective  foster  parent  [or],
     7  prospective  adoptive  parent  or  prospective successor guardian has no
     8  criminal history record.
     9    (f) Except as otherwise set forth in this paragraph, any  notification
    10  by  the office of children and family services pursuant to paragraph (e)
    11  of this subdivision shall include a  summary  of  the  criminal  history
    12  record provided by the division of criminal justice services, including,
    13  but  not limited to, the specific crime or crimes for which the prospec-
    14  tive foster parent or parents, adoptive parent or parents or prospective
    15  successor guardian or guardians or any adults over the age  of  eighteen
    16  living  in  the home have been charged or convicted, as applicable. When
    17  responding to an inquiry from a voluntary  authorized  agency  or  other
    18  non-public  agency  with  respect  to the results of a national criminal
    19  history check performed by the  federal  bureau  of  investigation,  the
    20  office  of  children  and  family  services  shall  advise the voluntary
    21  authorized agency or other non-public agency of the category or  catego-
    22  ries  of  crime or crimes and shall not provide the voluntary authorized
    23  agency or other non-public agency with  the  specific  crime  or  crimes
    24  absent  the written consent of the person for whom the national criminal
    25  history check was performed.
    26    (g) When an authorized agency has denied an application [pursuant  to]
    27  or  approval  in accordance with the provisions of paragraph (e) of this
    28  subdivision, the authorized agency shall  provide  to  the  applicant  a
    29  written  statement setting forth the reasons for such denial, including,
    30  as authorized by paragraph (f) of this subdivision, the summary  of  the
    31  criminal  history record provided to the authorized agency by the office
    32  of children and  family  services.  The  authorized  agency  shall  also
    33  provide  a  description  of  the  division of criminal justice services'
    34  record review process and any remedial processes provided by the  office
    35  of  children  and family services to any prospective foster parent [or],
    36  prospective adoptive parent or prospective successor  guardian.  If  the
    37  applicant  is disqualified under item (ii) of clause (A) of subparagraph
    38  one of paragraph (e) of this subdivision, then the applicant  may  apply
    39  for relief from the mandatory disqualification based on the grounds that
    40  the  offense  was not spousal abuse as that term is defined in paragraph
    41  (j) of this subdivision.
    42    (h) Where a criminal history  record  of  the  certified  or  approved
    43  foster  parent,  prospective adoptive parent or of any other person over
    44  the age of eighteen who resides in the home of the certified or approved
    45  foster parent  or  prospective  adoptive  parent  reveals  a  charge  or
    46  conviction  of  any  crime, the authorized agency shall perform a safety
    47  assessment of the conditions in the  household.  Such  assessment  shall
    48  include:  whether the subject of the charge or conviction resides in the
    49  household; the extent to which such person may have contact with  foster
    50  children  or  other  children residing in the household; and the status,
    51  date and nature of the criminal charge  or  conviction.  The  authorized
    52  agency shall thereafter take all appropriate steps to protect the health
    53  and  safety  of such child or children, including, when appropriate, the
    54  removal of any foster child or children from the home. Where the author-
    55  ized agency denies the application or revokes the  approval  or  certif-
    56  ication  of  the  foster  parent  or  the prospective adoptive parent in

        S. 2006--B                         41                         A. 3006--B
 
     1  accordance with the standards set forth in paragraph (e) of this  subdi-
     2  vision, such authorized agency shall remove any foster child or children
     3  from the home of the foster parent or the prospective adoptive parent.
     4    (i)  Any  criminal history record provided by the division of criminal
     5  justice services,  and  any  summary  of  the  criminal  history  record
     6  provided  by the office of children and family services to an authorized
     7  agency pursuant to this subdivision, is confidential and  shall  not  be
     8  available for public inspection; provided, however, nothing herein shall
     9  prevent an authorized agency, the office of children and family services
    10  or  other  state  agency referenced in paragraph (a) of this subdivision
    11  from disclosing criminal history information to  any  administrative  or
    12  judicial  proceeding  relating  to the denial or revocation of a certif-
    13  ication or approval of a foster parent or  an  adoptive  parent  or  the
    14  removal  of  the  foster child from the home or the failure to approve a
    15  prospective successor guardian pursuant to subparagraph  (ii)  of  para-
    16  graph  (b)  of subdivision five of section four hundred fifty-eight-b of
    17  this article or the termination of an agreement for payments pursuant to
    18  title ten of this article that is made in accordance with paragraph  (h)
    19  of  subdivision four of section four hundred fifty-eight-b of this arti-
    20  cle. Where there is a pending court case, the  authorized  agency  which
    21  received the criminal history record summary from the office of children
    22  and  family services, shall provide a copy of such summary to the family
    23  court or surrogate's court.
    24    (j) For the purposes of this subdivision "spousal abuse" is an offense
    25  defined in section 120.05, 120.10, 121.12 or 121.13  of  the  penal  law
    26  where  the  victim of such offense was the defendant's spouse; provided,
    27  however, spousal abuse shall not include a crime in which  the  prospec-
    28  tive  foster  parent  [or],  prospective  adoptive parent or prospective
    29  successor guardian, who was the defendant, has received notice  pursuant
    30  to  paragraph  (g)  of  this  subdivision and the office of children and
    31  family services finds after a fair  hearing  held  pursuant  to  section
    32  twenty-two  of  this chapter, that he or she was the victim of physical,
    33  sexual or psychological abuse by the victim of  such  offense  and  such
    34  abuse  was  a  factor  in  causing  the  prospective foster parent [or],
    35  prospective adoptive parent or prospective successor guardian to  commit
    36  such offense.
    37    (k)  The office of children and family services shall inform the divi-
    38  sion of criminal justice services when a person is no  longer  certified
    39  or  approved  as  a foster parent or is no longer a prospective adoptive
    40  parent so that the division of criminal justice services  may  terminate
    41  its retain processing with regard to such person and any person over the
    42  age  of  eighteen  who  is  residing in the home of the foster parent or
    43  prospective adoptive parent. At least once a year, the office  of  chil-
    44  dren and family services will be required to conduct a validation of the
    45  records maintained by the division of criminal justice services.
    46    (l)  The  office of children and family services, in consultation with
    47  the division of criminal justice services, shall promulgate  regulations
    48  for  the  purpose  of  implementing  the  provisions of this subdivision
    49  relating to the standards for the certification or  approval  of  foster
    50  parents or adoptive parents.
    51    §  11.  Subparagraph  (z) of paragraph (A) of subdivision 4 of section
    52  422 of the social services law, as amended by chapter 440 of the laws of
    53  2011, is amended to read as follows:
    54    (z) an entity with appropriate legal authority  in  another  state  to
    55  license,  certify or otherwise approve prospective foster [and] parents,
    56  prospective adoptive parents, prospective relative guardians or prospec-

        S. 2006--B                         42                         A. 3006--B
 
     1  tive successor guardians where disclosure of information regarding [the]
     2  such prospective foster or prospective adoptive parents  or  prospective
     3  relative  or  prospective successor guardians and other persons over the
     4  age  of  eighteen  residing  in  the  home of such [prospective parents]
     5  persons is required [by paragraph twenty of subdivision (a)  of  section
     6  six  hundred  seventy-one  of title forty-two of the United States code]
     7  under title IV-E of the federal social security act; and
     8    § 12. Paragraph (a) of subdivision 1 of section 424-a  of  the  social
     9  services  law, as amended by chapter 126 of the laws of 2014, is amended
    10  to read as follows:
    11    (a) A licensing agency shall inquire of the department and the depart-
    12  ment shall, subject to the provisions of paragraph (e) of this  subdivi-
    13  sion,  inform  such  agency  and  the  subject of the inquiry whether an
    14  applicant for a certificate, license  or  permit,  assistants  to  group
    15  family  day  care  providers,  the  director  of  a  camp subject to the
    16  provisions of article thirteen-B of the public health law, a prospective
    17  successor guardian when a clearance is conducted pursuant  to  paragraph
    18  (d)  of  subdivision  two  of section four hundred fifty-eight-b of this
    19  article, and any person over the age of eighteen who resides in the home
    20  of a person who has applied to become an adoptive  parent  or  a  foster
    21  parent  or  to  operate  a family day care home or group family day care
    22  home or any person over the age of eighteen residing in the  home  of  a
    23  prospective  successor  guardian  when  a  clearance  is  conducted of a
    24  prospective successor guardian pursuant to this paragraph, has  been  or
    25  is  currently  the  subject of an indicated child abuse and maltreatment
    26  report on file with the statewide central register of  child  abuse  and
    27  maltreatment.
    28    §  13.  Subdivision  2 of section 424-a of the social services law, as
    29  amended by chapter 677 of the laws of 1985, paragraph (a) as amended  by
    30  chapter  126 of the laws of 2014, paragraph (d) as amended by chapter 12
    31  of the laws of 1996, and paragraph (e) as amended by chapter 634 of  the
    32  laws of 1988, is amended to read as follows:
    33    2. (a) Upon notification by the office or by a child care resource and
    34  referral program in accordance with subdivision six of this section that
    35  any  person who has applied to a licensing agency for a license, certif-
    36  icate or permit or who seeks to become an employee of a provider agency,
    37  or to accept a child for adoptive placement or who will be  hired  as  a
    38  consultant  or  used  as  a  volunteer by a provider agency, or that any
    39  other person about whom an inquiry is made to the office pursuant to the
    40  provisions of this section is the subject of an  indicated  report,  the
    41  licensing or provider agency shall determine on the basis of information
    42  it  has  available  whether  to  approve  such application or retain the
    43  employee or hire the consultant  or  use  the  volunteer  or  permit  an
    44  employee  of  another person, corporation, partnership or association to
    45  have access to  the  individuals  cared  for  by  the  provider  agency,
    46  provided, however, that if such application is approved, or such employ-
    47  ee is retained or consultant hired or volunteer used or person permitted
    48  to have access to the children cared for by such agency the licensing or
    49  provider agency shall maintain a written record, as part of the applica-
    50  tion  file or employment record, of the specific reasons why such person
    51  was determined to be appropriate to receive a foster  care  or  adoption
    52  placement  or to provide day care services, to be the director of a camp
    53  subject to the provisions of article thirteen-B  of  the  public  health
    54  law,  to be approved as a successor guardian in accordance with subpara-
    55  graph (ii) of paragraph (b) of subdivision five of section four  hundred
    56  fifty-eight-b  of  this  article,  to  be employed, to be retained as an

        S. 2006--B                         43                         A. 3006--B
 
     1  employee, to be hired as a consultant, used as a volunteer  or  to  have
     2  access to the individuals cared for by the agency.
     3    (b)  (i)  Upon denial of such application by a licensing or a provider
     4  agency or failure to hire the consultant or use the volunteer, or denial
     5  of access by a person to the children cared for by the agency, or  fail-
     6  ure to approve a successor guardian in accordance with subparagraph (ii)
     7  of  paragraph  (b)  of  subdivision  five of section four hundred fifty-
     8  eight-b of this  article,  such  agency  shall  furnish  the  applicant,
     9  prospective  consultant, volunteer or person who is denied access to the
    10  children cared for by the agency with a written statement setting  forth
    11  whether  its  denial,  failure  to  hire or failure to use was based, in
    12  whole or in part, on such indicated report, and if so, its  reasons  for
    13  the denial or failure to hire or failure to use.
    14    (ii)  Upon  the termination of employment of an employee of a provider
    15  agency, who is the subject of an indicated  report  of  child  abuse  or
    16  maltreatment  on file with the statewide central register of child abuse
    17  and maltreatment, the agency shall furnish the employee with  a  written
    18  statement  setting forth whether such termination was based, in whole or
    19  in part, on such indicated report and, if so, the reasons for the termi-
    20  nation of employment.
    21    (c) If the reasons for such denial or termination or failure to hire a
    22  consultant or use a volunteer or failure to approve a successor guardian
    23  in accordance with subparagraph (ii) of  paragraph  (b)  of  subdivision
    24  five  of  section four hundred fifty-eight-b of this article include the
    25  fact that the person is the subject  of  an  indicated  child  abuse  or
    26  maltreatment  report, such person may request from the department within
    27  ninety days of receipt of notice of such denial, termination, failure to
    28  hire a consultant or use a volunteer and shall be granted a  hearing  in
    29  accordance  with  the procedures set forth in section twenty-two of this
    30  chapter relating to fair hearings. All hearings  held  pursuant  to  the
    31  provisions  of  this  subdivision  shall be held within thirty days of a
    32  request for the hearing unless the hearing is adjourned for  good  cause
    33  shown.  Any subsequent adjournment for good cause shown shall be granted
    34  only upon consent of the person who requested the hearing.  The  hearing
    35  decision  shall  be rendered not later than sixty days after the conclu-
    36  sion of the hearing.
    37    (d) At any such hearing, the sole question before the department shall
    38  be whether the applicant, employee, prospective  consultant,  volunteer,
    39  prospective  successor  guardian  or person who was denied access to the
    40  children cared for by a provider agency has been shown by a fair prepon-
    41  derance of the evidence to have committed the act or acts of child abuse
    42  or maltreatment giving rise to the indicated report.  In  such  hearing,
    43  the  burden  of  proof  on the issue of whether an act of child abuse or
    44  maltreatment was committed shall be  upon  the  local  child  protective
    45  service  or  the state agency which investigated the report, as the case
    46  may be. The failure to sustain the burden of proof  at  a  hearing  held
    47  pursuant to this section shall not result in the expungement or unfound-
    48  ing  of  an indicated report but shall be noted on the report maintained
    49  by the state central register and shall  preclude  the  department  from
    50  notifying  a party which subsequently makes an inquiry to the department
    51  pursuant to this section that the person about whom the inquiry is  made
    52  is the subject of an indicated report.
    53    (e)  Upon  the  failure,  at  the  fair  hearing held pursuant to this
    54  section, to prove by a fair  preponderance  of  the  evidence  that  the
    55  applicant  committed  the  act  or  acts  of child abuse or maltreatment
    56  giving rise to the indicated report, the  department  shall  notify  the

        S. 2006--B                         44                         A. 3006--B
 
     1  provider  or  licensing  agency  which made the inquiry pursuant to this
     2  section that it should reconsider any decision to discharge an employee,
     3  or to deny the subject's application for employment,  or  to  become  an
     4  adoptive  parent,  or  to  become a successor guardian, or for a certif-
     5  icate, license or permit; or not to hire a consultant, use a  volunteer,
     6  or allow access to children cared for by the agency.
     7    §  14.  Subdivision  4 of section 424-a of the social services law, as
     8  amended by chapter 126 of the laws  of  2014,  is  amended  to  read  as
     9  follows:
    10    4.  For  purposes  of  this section, the term "licensing agency" shall
    11  mean an authorized agency which has received an application to become an
    12  adoptive parent or an authorized agency which has received  an  applica-
    13  tion  for  a  certificate or license to receive, board or keep any child
    14  pursuant to the provisions of section three hundred seventy-six or three
    15  hundred seventy-seven of this article or an authorized agency which  has
    16  received  an  application  from  a  relative within the second degree or
    17  third degree of consanguinity of the parent of a  child  or  a  relative
    18  within  the  second degree or third degree of consanguinity of the step-
    19  parent of a child  or  children,  or  the  child's  legal  guardian  for
    20  approval  to  receive, board or keep such child, or an authorized agency
    21  that conducts a clearance pursuant to paragraph (d) of  subdivision  two
    22  of  section  four  hundred  fifty-eight-b of this article, or a state or
    23  local governmental agency which receives an application to provide child
    24  day care services in a child day  care  center,  school-age  child  care
    25  program,  family day care home or group family day care home pursuant to
    26  the provisions of section three hundred ninety of this article,  or  the
    27  department  of  health  and mental hygiene of the city of New York, when
    28  such department receives an application for a certificate of approval to
    29  provide child day care services in a child day care center  pursuant  to
    30  the provisions of the health code of the city of New York, or the office
    31  of  mental  health or the office for people with developmental disabili-
    32  ties when such office receives an application for an  operating  certif-
    33  icate  pursuant to the provisions of the mental hygiene law to operate a
    34  family care home, or a state or local governmental official who receives
    35  an application for a permit to operate a camp which is  subject  to  the
    36  provisions  of article thirteen-B of the public health law or the office
    37  of children and family services which has received an application for  a
    38  certificate  to receive, board or keep any child at a foster family home
    39  pursuant to articles nineteen-G and nineteen-H of the executive  law  or
    40  any other facility or provider agency, as defined in subdivision four of
    41  section  four  hundred  eighty-eight  of  this chapter, in regard to any
    42  licensing or certification function carried  out  by  such  facility  or
    43  agency.
    44    § 15. Subdivision 1 of section 1707 of the surrogate's court procedure
    45  act,  as  amended  by  section 11 of part F of chapter 58 of the laws of
    46  2010, is amended to read as follows:
    47    1. If the court be satisfied that the interests of the infant will  be
    48  promoted  by  the appointment of a guardian or by the issuance of tempo-
    49  rary letters of guardianship of his or her person or of his or her prop-
    50  erty, or of both, it must make a decree accordingly. If the court deter-
    51  mines that appointment of a permanent guardian is in the best  interests
    52  of  the  infant or child, the court shall issue a decree appointing such
    53  guardian. The same person may be appointed guardian of both  the  person
    54  and  the property of the infant or the guardianship of the person and of
    55  the property may be committed to  different  persons.    The  court  may
    56  appoint a person other than the parent of the infant or the person nomi-

        S. 2006--B                         45                         A. 3006--B
 
     1  nated  by  the petitioner. When the court is informed that the infant, a
     2  person nominated to be a guardian of such infant, the petitioner, or any
     3  individual eighteen years of age or over who resides in the home of  the
     4  proposed  guardian  is  a subject of or another person named in an indi-
     5  cated report, as such terms are defined in section four  hundred  twelve
     6  of  the  social services law, filed with the statewide register of child
     7  abuse and maltreatment pursuant to title  six  of  article  six  of  the
     8  social  services  law or is or has been the subject of or the respondent
     9  in or a party to a child protective proceeding commenced  under  article
    10  ten  of the family court act which resulted in an order finding that the
    11  child is an abused or  neglected  child  the  court  shall  obtain  such
    12  records  regarding such report or proceeding as it deems appropriate and
    13  shall give the information contained therein due  consideration  in  its
    14  determination. The court shall provide in its order appointing a guardi-
    15  an  of  a  child  for whom the guardian and a local department of social
    16  services have entered into an agreement under title ten of  article  six
    17  of  the  social  services  law: (a) if the guardian would meet the defi-
    18  nition of relative guardian as such term  is  defined  in  section  four
    19  hundred fifty-eight-a of the social services law, the compelling reasons
    20  that  exist  for  determining  that the return home of the child and the
    21  adoption of the child are not in the best interests  of  the  child  and
    22  are,  therefore,  not  appropriate permanency options for the child; and
    23  (b) that the local department of social services and  the  attorney  for
    24  the child must receive notice of, and be made parties to, any subsequent
    25  proceeding to vacate or modify the order of guardianship.
    26    §  16.  Paragraph  (c) of subdivision 7 of section 353.3 of the family
    27  court act, as amended by section 6 of part G of chapter 58 of  the  laws
    28  of 2010, is amended to read as follows:
    29    (c)  Where  the  respondent  is  placed pursuant to subdivision two or
    30  three of this section, such report shall contain a plan for the release,
    31  or conditional release (pursuant to section five hundred  ten-a  of  the
    32  executive law), of the respondent to the custody of his or her parent or
    33  other  person legally responsible, [to independent living] or to another
    34  permanency alternative as provided in paragraph (d) of subdivision seven
    35  of section 355.5 of this part. If the respondent is subject  to  article
    36  sixty-five  of  the  education law or elects to participate in an educa-
    37  tional program leading  to  a  high  school  diploma,  such  plan  shall
    38  include, but not be limited to, the steps that the agency with which the
    39  respondent  is  placed  has  taken  and will be taking to facilitate the
    40  enrollment of the respondent in a school or educational program  leading
    41  to  a  high school diploma following release, or, if such release occurs
    42  during the summer recess, upon the commencement of the next school term.
    43  If the respondent is not subject to article sixty-five of the  education
    44  law  and does not elect to participate in an educational program leading
    45  to a high school diploma, such plan shall include, but  not  be  limited
    46  to,  the  steps  that the agency with which the respondent is placed has
    47  taken and will be taking to assist the respondent  to  become  gainfully
    48  employed or enrolled in a vocational program following release.
    49    §  17.  Paragraph  (b) of subdivision 7 of section 355.5 of the family
    50  court act, as added by chapter 7 of the laws of 1999, is amended to read
    51  as follows:
    52    (b) in the case of a respondent who has attained the age of  [sixteen]
    53  fourteen,  the services needed, if any, to assist the respondent to make
    54  the transition from foster care to independent living;

        S. 2006--B                         46                         A. 3006--B
 
     1    § 18. Paragraph (d) of subdivision 7 of section 355.5  of  the  family
     2  court  act, as amended by chapter 181 of the laws of 2000, is amended to
     3  read as follows:
     4    (d)  with  regard  to the completion of placement ordered by the court
     5  pursuant to section 353.3 or 355.3 of this [article] part:  whether  and
     6  when  the respondent: (i) will be returned to the parent; (ii) should be
     7  placed for adoption with  the  local  commissioner  of  social  services
     8  filing  a  petition  for termination of parental rights; (iii) should be
     9  referred for legal guardianship; (iv) should be placed permanently  with
    10  a  fit  and willing relative; or (v) should be placed in another planned
    11  permanent living arrangement with a significant connection to  an  adult
    12  willing to be a permanency resource for the respondent if the respondent
    13  is  age  sixteen  or  older  and  (A)  the office of children and family
    14  services or the local commissioner of social services has documented  to
    15  the  court  [a]:  (1) the intensive, ongoing, and, as of the date of the
    16  hearing, unsuccessful efforts made to  return  the  respondent  home  or
    17  secure  a  placement  for the respondent with a fit and willing relative
    18  including adult siblings, a  legal  guardian,  or  an  adoptive  parent,
    19  including  through  efforts  that  utilize  search  technology including
    20  social media to find biological family members  for  children,  (2)  the
    21  steps being taken to ensure that (I) the respondent's foster family home
    22  or  child  care  facility is following the reasonable and prudent parent
    23  standard in accordance with  guidance  provided  by  the  United  States
    24  department  of  health  and  human services, and (II) the respondent has
    25  regular, ongoing opportunities  to  engage  in  age  or  developmentally
    26  appropriate activities including by consulting with the respondent in an
    27  age-appropriate  manner  about  the  opportunities  of the respondent to
    28  participate in activities; and (B) the office  of  children  and  family
    29  services  or the local commissioner of social services has documented to
    30  the court and  the  court  has  determined  that  there  are  compelling
    31  [reason]  reasons for determining that it [would] continues to not be in
    32  the best interest of the respondent to  return  home,  be  referred  for
    33  termination  of  parental  rights and placed for adoption, placed with a
    34  fit and willing relative, or placed with a legal guardian; and  (C)  the
    35  court  has  made  a determination explaining why, as of the date of this
    36  hearing,  another  planned  living  arrangement   with   a   significant
    37  connection  to  an  adult  willing  to  be a permanency resource for the
    38  respondent is the best permanency plan for the respondent; and
    39    § 19. Subdivision 8 of section 355.5 of the family court act, as added
    40  by section 2 of part B of chapter 327 of the laws of 2007, is amended to
    41  read as follows:
    42    8. At the  permanency  hearing,  the  court  shall  consult  with  the
    43  respondent  in  an  age-appropriate manner regarding the permanency plan
    44  for the respondent; provided, however, that if  the  respondent  is  age
    45  sixteen or older and the requested permanency plan for the respondent is
    46  placement in another planned permanent living arrangement with a signif-
    47  icant connection to an adult willing to be a permanency resource for the
    48  respondent,  the court must ask the respondent about the desired perman-
    49  ency outcome for the respondent.
    50    § 20. Subparagraph (ii) of paragraph (a) of subdivision 2  of  section
    51  754  of  the  family  court  act, as amended by chapter 7 of the laws of
    52  1999, is amended to read as follows:
    53    (ii) in the case of a child who has  attained  the  age  of  [sixteen]
    54  fourteen,  the  services needed, if any, to assist the child to make the
    55  transition from foster care  to  independent  living.  Nothing  in  this
    56  subdivision  shall  be  construed  to modify the standards for directing

        S. 2006--B                         47                         A. 3006--B
 
     1  detention set forth in section seven hundred thirty-nine of  this  arti-
     2  cle.
     3    §  21.  The  closing  paragraph  of  paragraph (b) of subdivision 2 of
     4  section 754 of the family court act, as added by chapter 7 of  the  laws
     5  of 1999, is amended to read as follows:
     6    If  the  court  determines  that  reasonable  efforts are not required
     7  because of one of the grounds set  forth  above,  a  permanency  hearing
     8  shall  be  held within thirty days of the finding of the court that such
     9  efforts are not required. At the permanency  hearing,  the  court  shall
    10  determine  the  appropriateness  of  the permanency plan prepared by the
    11  social services official which shall include whether and when the child:
    12  (A) will be returned to the parent; (B) should be  placed  for  adoption
    13  with  the  social services official filing a petition for termination of
    14  parental rights; (C) should be  referred  for  legal  guardianship;  (D)
    15  should  be  placed  permanently  with a fit and willing relative; or (E)
    16  should be placed in another planned permanent living arrangement with  a
    17  significant  connection  to an adult willing to be a permanency resource
    18  for the child if the child is age sixteen or older and  if  the  [social
    19  services  official  has  documented to the court a compelling reason for
    20  determining that it would not be in the best interest of  the  child  to
    21  return  home,  be referred for termination of parental rights and placed
    22  for adoption, placed with a fit and willing relative, or placed  with  a
    23  legal  guardian]  requirements  of subparagraph (E) of paragraph (iv) of
    24  subdivision (d) of section seven hundred fifty-six-a of this  part  have
    25  been met.  The social services official shall thereafter make reasonable
    26  efforts  to  place the child in a timely manner and to complete whatever
    27  steps are necessary to finalize the permanent placement of the child  as
    28  set  forth  in  the permanency plan approved by the court. If reasonable
    29  efforts are determined by the court not to be required because of one of
    30  the grounds set forth in this paragraph, the  social  services  official
    31  may  file  a  petition  for termination of parental rights in accordance
    32  with section three hundred eighty-four-b of the social services law.
    33    § 22. Paragraph (ii) of subdivision (d) of section 756-a of the family
    34  court act, as amended by section 4 of part B of chapter 327 of the  laws
    35  of 2007, is amended to read as follows:
    36    (ii)  in  the  case  of  a child who has attained the age of [sixteen]
    37  fourteen, the services needed, if any, to assist the child to  make  the
    38  transition from foster care to independent living;
    39    § 23. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of
    40  the  family  court act, as amended by section 4 of part B of chapter 327
    41  of the laws of 2007, are amended to read as follows:
    42    (iii) in the case of a child placed outside New  York  state,  whether
    43  the  out-of-state  placement continues to be appropriate and in the best
    44  interests of the child; [and]
    45    (iv) whether and when the child: (A) will be returned to  the  parent;
    46  (B)  should  be  placed  for  adoption with the social services official
    47  filing a petition for termination of  parental  rights;  (C)  should  be
    48  referred for legal guardianship; (D) should be placed permanently with a
    49  fit  and  willing  relative;  or (E) should be placed in another planned
    50  permanent living arrangement with a significant connection to  an  adult
    51  willing  to  be  a permanency resource for the child if the child is age
    52  sixteen or older and (1) the social services official has documented  to
    53  the  court [a]: (I) intensive, ongoing, and, as of the date of the hear-
    54  ing, unsuccessful efforts made by the social services district to return
    55  the child home or secure a placement for the child with a fit and  will-
    56  ing  relative including adult siblings, a legal guardian, or an adoptive

        S. 2006--B                         48                         A. 3006--B
 
     1  parent, including through efforts that utilize search technology includ-
     2  ing social media to find biological family members  for  children,  (II)
     3  the  steps the social services district is taking to ensure that (A) the
     4  child's  foster  family  home  or  child  care facility is following the
     5  reasonable and prudent  parent  standard  in  accordance  with  guidance
     6  provided  by  the United States department of health and human services,
     7  and (B) the child has regular, ongoing opportunities to engage in age or
     8  developmentally appropriate activities including by consulting with  the
     9  child  in an age-appropriate manner about the opportunities of the child
    10  to participate in activities; and (2) the social services  district  has
    11  documented  to  the  court  and  the court has determined that there are
    12  compelling [reason] reasons for determining that it [would] continues to
    13  not be in the best interest of the child to return home, be referred for
    14  termination of parental rights and placed for adoption,  placed  with  a
    15  fit  and  willing relative, or placed with a legal guardian; and (3) the
    16  court has made a determination explaining why, as of  the  date  of  the
    17  hearing,   another   planned   living  arrangement  with  a  significant
    18  connection to an adult willing to be a permanency resource for the child
    19  is the best permanency plan for the child; and
    20    (v) where the child will not be returned home, consideration of appro-
    21  priate in-state and out-of-state placements.
    22    § 24. Subdivision (d-1) of section 756-a of the family court  act,  as
    23  added  by  section  4  of  part B of chapter 327 of the laws of 2007, is
    24  amended to read as follows:
    25    (d-1) At the permanency hearing, the  court  shall  consult  with  the
    26  respondent  in  an age-appropriate manner regarding the permanency plan;
    27  provided, however, that if the respondent is age sixteen  or  older  and
    28  the requested permanency plan for the respondent is placement in another
    29  planned permanent living arrangement with a significant connection to an
    30  adult  willing to be a permanency resource for the respondent, the court
    31  must ask the respondent about the desired  permanency  outcome  for  the
    32  respondent.
    33    § 25. Paragraph (v) of subdivision (c) of section 1039-b of the family
    34  court  act, as amended by section 5 of part B of chapter 327 of the laws
    35  of 2007, is amended to read as follows:
    36    (v) should be placed in another planned permanent  living  arrangement
    37  with  a  significant  connection  to an adult willing to be a permanency
    38  resource for the child if the child is age sixteen or older and  if  the
    39  [social  services  official  has  documented  to  the court a compelling
    40  reason for determining that it would not be in the best interests of the
    41  child to return home, be referred for termination of parental rights and
    42  placed for adoption, placed with a fit and willing relative,  or  placed
    43  with a legal guardian] requirements of clause (E) of subparagraph (i) of
    44  paragraph  two of subdivision (d) of section one thousand eighty-nine of
    45  this chapter have been met.  The social services official  shall  there-
    46  after  make  reasonable  efforts  to place the child in a timely manner,
    47  including consideration of appropriate in-state and out-of-state  place-
    48  ments,  and  to  complete  whatever  steps are necessary to finalize the
    49  permanent placement of the child as set forth  in  the  permanency  plan
    50  approved by the court. If reasonable efforts are determined by the court
    51  not to be required because of one of the grounds set forth in this para-
    52  graph,  the social services official may file a petition for termination
    53  of  parental  rights  in   accordance   with   section   three   hundred
    54  eighty-four-b of the social services law.
    55    §  26.  Item  (v)  of clause 7 of subparagraph (A) of paragraph (i) of
    56  subdivision (b) of section 1052 of the family court act, as  amended  by

        S. 2006--B                         49                         A. 3006--B
 
     1  section  7  of  part B of chapter 327 of the laws of 2007, is amended to
     2  read as follows:
     3    (v)  should  be placed in another planned permanent living arrangement
     4  that includes a significant connection to an adult [who is]  willing  to
     5  be  a  permanency resource for the child, if the child is age sixteen or
     6  older and if the [social services official has documented to the court a
     7  compelling reason for determining that it  would  not  be  in  the  best
     8  interest  of  the  child  to return home, be referred for termination of
     9  parental rights and placed for adoption, placed with a fit  and  willing
    10  relative, or placed with a legal guardian] requirements of clause (E) of
    11  subparagraph  (i)  of  paragraph  two  of subdivision (d) of section one
    12  thousand eighty-nine of the chapter have been met. The  social  services
    13  official  shall thereafter make reasonable efforts to place the child in
    14  a timely manner, including consideration  of  appropriate  in-state  and
    15  out-of-state placements, and to complete whatever steps are necessary to
    16  finalize  the  permanent  placement  of  the  child  as set forth in the
    17  permanency plan approved by the court. If reasonable efforts are  deter-
    18  mined  by the court not to be required because of one of the grounds set
    19  forth in this paragraph, the social services official may file  a  peti-
    20  tion for termination of parental rights in accordance with section three
    21  hundred eighty-four-b of the social services law.
    22    §  27.  Subparagraph  (v) of paragraph 1 of subdivision (c) of section
    23  1089 of the family court act, as added by section 27 of part A of  chap-
    24  ter 3 of the laws of 2005, is amended to read as follows:
    25    (v)  placement  in  another  planned permanent living arrangement that
    26  includes a significant connection to an adult who is  willing  to  be  a
    27  permanency  resource for the child if the child is age sixteen or older,
    28  including documentation of: (A) intensive, ongoing, and, as of the  date
    29  of  the hearing, unsuccessful efforts to return the child home or secure
    30  a placement for the child with a  fit  and  willing  relative  including
    31  adult  siblings,  a  legal  guardian,  or  an adoptive parent, including
    32  through efforts that utilize search technology including social media to
    33  find biological family members for children, (B) the steps  being  taken
    34  to ensure that (I) the child's foster family home or child care facility
    35  is  following  the  reasonable and prudent parent standard in accordance
    36  with the guidance provided by the United States department of health and
    37  human services, and (II) the child has regular, ongoing opportunities to
    38  engage in age or developmentally  appropriate  activities  including  by
    39  consulting  with the child in an age-appropriate manner about the oppor-
    40  tunities of the child to participate in activities, and (C) the  compel-
    41  ling  [reason]  reasons for determining that it [would] continues to not
    42  be in the best interests of the child to be returned  home,  placed  for
    43  adoption, placed with a legal guardian, or placed with a fit and willing
    44  relative;
    45    §  28. The opening paragraph of subdivision (d) of section 1089 of the
    46  family court act, as amended by chapter 334 of  the  laws  of  2009,  is
    47  amended to read as follows:
    48    Evidence, court findings and order. The provisions of subdivisions (a)
    49  and (c) of section one thousand forty-six of this act shall apply to all
    50  proceedings under this article.  The permanency hearing shall include an
    51  age  appropriate  consultation with the child; provided, however that if
    52  the child is age sixteen or older and the requested permanency plan  for
    53  the  child  is placement in another planned permanent living arrangement
    54  with a significant connection to an adult willing  to  be  a  permanency
    55  resource  for  the child, the court must ask the child about the desired
    56  permanency outcome for the child. At the conclusion of  each  permanency

        S. 2006--B                         50                         A. 3006--B
 
     1  hearing,  the  court shall, upon the proof adduced, [which shall include
     2  age-appropriate consultation with the child who is the  subject  of  the
     3  permanency hearing,] and in accordance with the best interests and safe-
     4  ty  of  the child, including whether the child would be at risk of abuse
     5  or neglect if returned to the parent or other person  legally  responsi-
     6  ble, determine and issue its findings, and enter an order of disposition
     7  in writing:
     8    § 29. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d)
     9  of  section 1089 of the family court act, as added by section 27 of part
    10  A of chapter 3 of the laws of 2005, is amended to read as follows:
    11    (E) placement in another planned  permanent  living  arrangement  that
    12  includes a significant connection to an adult willing to be a permanency
    13  resource  for the child if the [local social services official has docu-
    14  mented to] child is age sixteen or older and the court  [a]  has  deter-
    15  mined  that  as  of  the date of the permanency hearing, another planned
    16  permanency living arrangement with a significant connection to an  adult
    17  willing to be a permanency resource for the child is the best permanency
    18  plan  for the child and there are compelling [reason] reasons for deter-
    19  mining that it [would] continues to not be in the best interests of  the
    20  child to return home, be referred for termination of parental rights and
    21  placed  for  adoption, placed with a fit and willing relative, or placed
    22  with a legal guardian;
    23    § 30. Subdivision 2 of section 4173  of  the  public  health  law,  as
    24  amended  by  chapter  644  of  the  laws  of 1988, is amended to read as
    25  follows:
    26    2. A certified copy or certified transcript of a birth record shall be
    27  issued only upon order of a court of competent jurisdiction  or  upon  a
    28  specific  request  therefor  by  the person, if eighteen years of age or
    29  more, or by a parent or other lawful representative  of  the  person  to
    30  whom  the record of birth relates including an authorized representative
    31  of the office of children and family services or a local social services
    32  district if the person is in the care and custody or custody and guardi-
    33  anship of such entity.
    34    § 31. Paragraph (b) of subdivision 1 of section  4174  of  the  public
    35  health law, as amended by chapter 396 of the laws of 1989, is amended to
    36  read as follows:
    37    (b)  issue  certified copies or certified transcripts of birth certif-
    38  icates only (1) upon order of a court of competent jurisdiction, or  (2)
    39  upon  specific  request therefor by the person, if eighteen years of age
    40  or more, or by a parent or other lawful representative of the person, to
    41  whom the record of birth relates including authorized representatives of
    42  a local social services district if the person is in the care and custo-
    43  dy or custody and guardianship of such district, or  (3)  upon  specific
    44  request therefor by a department of a state or the federal government of
    45  the United States;
    46    §  32.  Subdivision  4  of  section  4174 of the public health law, as
    47  amended by section 132 of subpart B of part C of chapter 62 of the  laws
    48  of 2011, is amended to read as follows:
    49    4.  No  fee shall be charged for a search, certification, certificate,
    50  certified copy or certified transcript of a record to be used for school
    51  entrance, employment certificate or for purposes  of  public  relief  or
    52  when  required  by the veterans administration to be used in determining
    53  the eligibility of any person to participate in the benefits made avail-
    54  able by the veterans administration or  when  required  by  a  board  of
    55  elections  for  the  purposes  of  determining voter eligibility or when
    56  requested by the department of corrections and community supervision  or

        S. 2006--B                         51                         A. 3006--B
 
     1  a  local  correctional  facility  as  defined  in subdivision sixteen of
     2  section two of the correction law for the purpose of providing a  certi-
     3  fied  copy or certified transcript of birth to an inmate in anticipation
     4  of such inmate's release from custody or when requested by the office of
     5  children  and family services or an authorized agency for the purpose of
     6  providing a certified copy or certified transcript of birth to  a  youth
     7  placed  in the care and custody or custody and guardianship of the local
     8  commissioner of social services or the care and custody or  custody  and
     9  guardianship  of the office of children and family services [pursuant to
    10  article three of the family court act] in anticipation of  such  youth's
    11  discharge from placement or foster care.
    12    §  33. Subdivision 1 of section 837-e of the executive law, as amended
    13  by chapter 690 of the laws of 1994, is amended to read as follows:
    14    1. There is hereby established through electronic data processing  and
    15  related  procedures,  a  statewide central register for missing children
    16  which shall be compatible with the  national  crime  information  center
    17  register  maintained  pursuant  to  the  federal missing children act of
    18  nineteen hundred eighty-two[, such missing]. As used  in  this  article,
    19  the  term  missing  child [hereinafter defined as] shall mean any person
    20  under the age of eighteen years, or any youth, under the age of  twenty-
    21  one  years,  that  the office of children and family services or a local
    22  department of social services has responsibility for placement, care, or
    23  supervision, or who is the subject child of a child protective  investi-
    24  gation,  or  is  receiving preventive services or services under section
    25  477 of the Social Security Act, or has run away from foster care,  where
    26  such  office  or  department  has  reasonable cause to believe that such
    27  youth is, or is at risk of being, a sex trafficking victim, who is miss-
    28  ing from his or her normal and ordinary place  of  residence  and  whose
    29  whereabouts cannot be determined by a person responsible for the child's
    30  care  and  any child known to have been taken, enticed or concealed from
    31  the custody of his or her lawful guardian by a person who has  no  legal
    32  right to do so.
    33    §  34.  Severability. If any clause, sentence, paragraph, subdivision,
    34  section or part contained in any part of this act shall be  adjudged  by
    35  any  court  of competent jurisdiction to be invalid, such judgment shall
    36  not affect, impair, or invalidate the remainder thereof,  but  shall  be
    37  confined  in  its operation to the clause, sentence, paragraph, subdivi-
    38  sion, section or part contained in any part thereof directly involved in
    39  the controversy in which such judgment shall have been rendered.  It  is
    40  hereby  declared to be the intent of the legislature that this act would
    41  have been enacted even if such invalid provisions had not been  included
    42  herein.
    43    §  35.  This  act shall take effect immediately, provided however that
    44  sections sixteen through  thirty-two  of  this  act  shall  take  effect
    45  September 1, 2015 and section thirty-three of this act shall take effect
    46  January 1, 2016.
 
    47                                   PART M
 
    48    Section  1.  Notwithstanding  any  other provision of law, the housing
    49  trust fund corporation may provide, for purposes  of  the  rural  rental
    50  assistance  program,  a sum not to exceed twenty-one million six hundred
    51  forty-two thousand dollars for the fiscal year ending  March  31,  2016.
    52  Notwithstanding  any other provision of law, and subject to the approval
    53  of the New York state director of the budget, the board of directors  of
    54  the  state  of  New York mortgage agency shall authorize the transfer to

        S. 2006--B                         52                         A. 3006--B
 
     1  the housing trust fund corporation, for the purposes of reimbursing  any
     2  costs  associated with rural rental assistance program contracts author-
     3  ized by this section, a total sum not to exceed twenty-one  million  six
     4  hundred  forty-two  thousand  dollars, such transfer to be made from (i)
     5  the special account of the mortgage insurance fund created  pursuant  to
     6  section 2429-b of the public authorities law, in an amount not to exceed
     7  the  actual excess balance in the special account of the mortgage insur-
     8  ance fund, as determined and certified by the state of New York mortgage
     9  agency for the fiscal year 2014-2015 in accordance with  section  2429-b
    10  of  the  public  authorities  law, if any, and/or (ii) provided that the
    11  reserves in the project pool insurance account of the mortgage insurance
    12  fund created pursuant to section 2429-b of the  public  authorities  law
    13  are  sufficient  to attain and maintain the credit rating (as determined
    14  by the state of New York mortgage agency)  required  to  accomplish  the
    15  purposes  of  such  account,  the  project pool insurance account of the
    16  mortgage insurance fund, such transfer to be made as soon as practicable
    17  but no later than June 30, 2015.  Notwithstanding any other provision of
    18  law, such funds may be used by the corporation in support  of  contracts
    19  scheduled to expire in the fiscal year ending March 31, 2016 for as many
    20  as  10  additional  years;  in  support  of  contracts  for new eligible
    21  projects for a period not to exceed 5 years; and in support of contracts
    22  which reach their 25 year maximum in and/or prior  to  the  fiscal  year
    23  ending March 31, 2016 for an additional one year period.
    24    §  2.  Notwithstanding any other provision of law, the housing finance
    25  agency may provide, for costs  associated  with  the  rehabilitation  of
    26  Mitchell  Lama  housing  projects, a sum not to exceed forty-two million
    27  dollars for the fiscal year ending March 31, 2016.  Notwithstanding  any
    28  other  provision  of  law, and provided that the reserves in the project
    29  pool insurance account of the mortgage insurance fund  created  pursuant
    30  to section 2429-b of the public authorities law are sufficient to attain
    31  and  maintain  the credit rating (as determined by the state of New York
    32  mortgage agency) required to accomplish the purposes  of  such  account,
    33  the  board  of  directors of the state of New York mortgage agency shall
    34  authorize the transfer from the project pool insurance  account  of  the
    35  mortgage  insurance fund to the housing finance agency, for the purposes
    36  of reimbursing any costs associated with Mitchell Lama housing  projects
    37  authorized  by this section, a total sum not to exceed forty-two million
    38  dollars as soon as practicable but no later than March 31, 2016.
    39    § 3. Notwithstanding any other provision of  law,  the  housing  trust
    40  fund corporation may provide, for purposes of the neighborhood preserva-
    41  tion  program,  a  sum not to exceed eight million four hundred seventy-
    42  nine thousand dollars for the fiscal year ending March 31, 2016.  Within
    43  this total amount, one hundred fifty thousand dollars shall be used  for
    44  the  purpose of entering into a contract with the neighborhood preserva-
    45  tion coalition to provide technical assistance and services to companies
    46  funded pursuant to article XVI  of  the  private  housing  finance  law.
    47  Notwithstanding  any other provision of law, and subject to the approval
    48  of the New York state director of the budget, the board of directors  of
    49  the  state  of  New York mortgage agency shall authorize the transfer to
    50  the housing trust fund corporation, for the purposes of reimbursing  any
    51  costs   associated  with  neighborhood  preservation  program  contracts
    52  authorized by this section, a total sum not to exceed eight million four
    53  hundred seventy-nine thousand dollars, such transfer to be made from (i)
    54  the special account of the mortgage insurance fund created  pursuant  to
    55  section 2429-b of the public authorities law, in an amount not to exceed
    56  the  actual excess balance in the special account of the mortgage insur-

        S. 2006--B                         53                         A. 3006--B
 
     1  ance fund, as determined and certified by the state of New York mortgage
     2  agency for the fiscal year 2014-2015 in accordance with  section  2429-b
     3  of  the  public  authorities  law, if any, and/or (ii) provided that the
     4  reserves in the project pool insurance account of the mortgage insurance
     5  fund  created  pursuant  to section 2429-b of the public authorities law
     6  are sufficient to attain and maintain the credit rating  (as  determined
     7  by  the  state  of  New York mortgage agency) required to accomplish the
     8  purposes of such account, the project  pool  insurance  account  of  the
     9  mortgage insurance fund, such transfer to be made as soon as practicable
    10  but no later than June 30, 2015.
    11    §  4.  Notwithstanding  any  other provision of law, the housing trust
    12  fund corporation may provide, for purposes  of  the  rural  preservation
    13  program,  a  sum  not  to  exceed three million five hundred thirty-nine
    14  thousand dollars for the fiscal year ending March 31, 2016.  Within this
    15  total amount, one hundred fifty thousand dollars shall be used  for  the
    16  purpose  of entering into a contract with the rural housing coalition to
    17  provide technical assistance and services to companies  funded  pursuant
    18  to article XVII of the private housing finance law.  Notwithstanding any
    19  other  provision  of  law,  and  subject to the approval of the New York
    20  state director of the budget, the board of directors of the state of New
    21  York mortgage agency shall authorize the transfer to the  housing  trust
    22  fund  corporation,  for the purposes of reimbursing any costs associated
    23  with rural preservation program contracts authorized by this section,  a
    24  total  sum not to exceed three million five hundred thirty-nine thousand
    25  dollars, such transfer to be made from (i) the special  account  of  the
    26  mortgage insurance fund created pursuant to section 2429-b of the public
    27  authorities law, in an amount not to exceed the actual excess balance in
    28  the  special  account  of the mortgage insurance fund, as determined and
    29  certified by the state of New York mortgage agency for the  fiscal  year
    30  2014-2015  in  accordance  with section 2429-b of the public authorities
    31  law, if any, and/or (ii) provided that the reserves in the project  pool
    32  insurance  account  of  the  mortgage insurance fund created pursuant to
    33  section 2429-b of the public authorities law are  sufficient  to  attain
    34  and  maintain  the credit rating (as determined by the state of New York
    35  mortgage agency) required to accomplish the purposes  of  such  account,
    36  the  project pool insurance account of the mortgage insurance fund, such
    37  transfer to be made as soon as practicable but no later  than  June  30,
    38  2015.
    39    §  5.  Notwithstanding  any  other provision of law, the housing trust
    40  fund corporation may provide, for purposes of the rural and urban commu-
    41  nity investment fund program created pursuant to article  XXVII  of  the
    42  private  housing  finance  law,  a  sum  not to exceed seventeen million
    43  dollars for the fiscal year ending March 31, 2016.  Notwithstanding  any
    44  other  provision  of  law, and provided that the reserves in the project
    45  pool insurance account of the mortgage insurance fund  created  pursuant
    46  to section 2429-b of the public authorities law are sufficient to attain
    47  and  maintain  the credit rating (as determined by the state of New York
    48  mortgage agency) required to accomplish the purposes  of  such  account,
    49  the  board  of  directors of the state of New York mortgage agency shall
    50  authorize the transfer from the project pool insurance  account  of  the
    51  mortgage  insurance  fund to the housing trust fund corporation, for the
    52  purposes of reimbursing any costs associated with rural and urban commu-
    53  nity investment fund program contracts authorized  by  this  section,  a
    54  total sum not to exceed seventeen million dollars as soon as practicable
    55  but not later than March 31, 2016.

        S. 2006--B                         54                         A. 3006--B
 
     1    §  6.  Notwithstanding  any  other provision of law, the housing trust
     2  fund corporation may provide, for  the  purposes  of  carrying  out  the
     3  provisions of the low income housing trust fund program created pursuant
     4  to article XVIII of the private housing finance law, a sum not to exceed
     5  seven  million  five hundred thousand dollars for the fiscal year ending
     6  March 31, 2016. Notwithstanding any other provision of law, and provided
     7  that reserves in the project pool  insurance  account  of  the  mortgage
     8  insurance fund created pursuant to section 2429-b of the public authori-
     9  ties  law  are  sufficient  to attain and maintain the credit rating (as
    10  determined by the state of New York mortgage agency) required to  accom-
    11  plish  the purposes of such account, the board of directors of the state
    12  of New York mortgage  agency  shall  authorize  the  transfer  from  the
    13  project  pool  insurance  account  of the mortgage insurance fund to the
    14  housing trust fund corporation, for the purposes  of  carrying  out  the
    15  provisions of the low income housing trust fund program created pursuant
    16  to  article  XVIII of the private housing finance law authorized by this
    17  section, a total sum not to exceed seven million five  hundred  thousand
    18  dollars as soon as practicable but no later than March 31, 2016.
    19    §  7.  Notwithstanding  any  other provision of law, the housing trust
    20  fund corporation may provide, for purposes  of  the  homes  for  working
    21  families  program for deposit in the housing trust fund created pursuant
    22  to section 59-a of the private housing finance law and  subject  to  the
    23  provisions  of  article  XVIII of the private housing finance law, a sum
    24  not to exceed eight million five hundred thousand dollars for the fiscal
    25  year ending March 31, 2016. Notwithstanding any other provision of  law,
    26  and  provided that the reserves in the project pool insurance account of
    27  the mortgage insurance fund created pursuant to section  2429-b  of  the
    28  public  authorities law are sufficient to attain and maintain the credit
    29  rating (as determined by the state of New York mortgage agency) required
    30  to accomplish the purposes of such account, the board  of  directors  of
    31  the  state of New York mortgage agency shall authorize the transfer from
    32  the project pool insurance account of the mortgage insurance fund to the
    33  housing trust fund corporation, for  the  purposes  of  reimbursing  any
    34  costs  associated  with  homes  for  working  families program contracts
    35  authorized by this section, a total sum not to exceed eight million five
    36  hundred thousand dollars as soon as practicable but no later than  March
    37  31, 2016.
    38    §  8. Notwithstanding any other provision of law, the homeless housing
    39  and assistance corporation may provide, for purposes  of  the  New  York
    40  state  supportive  housing  program,  the  solutions to end homelessness
    41  program or the operational support for AIDS housing program, or to qual-
    42  ified grantees under those programs, in accordance with the requirements
    43  of those programs, a sum not to exceed  sixteen  million  three  hundred
    44  forty  thousand  dollars  for the fiscal year ending March 31, 2016. The
    45  homeless housing and assistance corporation may enter into an  agreement
    46  with  the  office  of  temporary and disability assistance to administer
    47  such sum in accordance with the requirements of the  programs.  Notwith-
    48  standing  any other provision of law, and subject to the approval of the
    49  director of the budget, the board of directors of the state of New  York
    50  mortgage agency shall authorize the transfer to the homeless housing and
    51  assistance  corporation, a total sum not to exceed sixteen million three
    52  hundred forty thousand dollars, such transfer to be made  from  (i)  the
    53  special  account  of  the  mortgage  insurance  fund created pursuant to
    54  section 2429-b of the public authorities law, in an amount not to exceed
    55  the actual excess balance in the special account of the mortgage  insur-
    56  ance fund, as determined and certified by the state of New York mortgage

        S. 2006--B                         55                         A. 3006--B
 
     1  agency  for  the fiscal year 2014-2015 in accordance with section 2429-b
     2  of the public authorities law, if any, and/or  (ii)  provided  that  the
     3  reserves in the project pool insurance account of the mortgage insurance
     4  fund  created  pursuant  to section 2429-b of the public authorities law
     5  are sufficient to attain and maintain the credit rating  (as  determined
     6  by  the  state  of  New York mortgage agency) required to accomplish the
     7  purposes of such account, the project  pool  insurance  account  of  the
     8  mortgage insurance fund, such transfer to be made as soon as practicable
     9  but no later than March 31, 2016.
    10    § 9. This act shall take effect immediately.
 
    11                                   PART N
 
    12                            Intentionally Omitted
 
    13                                   PART O
 
    14    Section  1.  The labor law is amended by adding a new section 202-m to
    15  read as follows:
    16    § 202-m. Healthcare professionals who volunteer  to  fight  the  Ebola
    17  virus disease overseas. 1. Findings and policy of the state. It is here-
    18  by  found and declared that the Ebola virus disease is a rare and poten-
    19  tially deadly disease caused by infection with one of four  Ebola  virus
    20  strains  known  to cause disease in humans, that the World Health Organ-
    21  ization has declared that the current Ebola virus  disease  outbreak  in
    22  West  Africa  constitutes  a  public  health  emergency of international
    23  concern, and that the centers for disease control and prevention of  the
    24  United  States department of health and human services has reported that
    25  the number of future Ebola virus disease cases will reach  extraordinary
    26  levels  without a scale-up of interventions. It is hereby declared to be
    27  the policy of the state to work with its international partners to  help
    28  eradicate  the  Ebola virus disease by supporting the dedicated New York
    29  state healthcare professionals who seek to provide  invaluable  help  to
    30  this effort.
    31    2.  Bill  of rights. A healthcare professional who volunteers to fight
    32  Ebola is protected by existing state laws that  prohibit  discrimination
    33  on  the  basis  of  an  actual or perceived disability. Upon return from
    34  fighting Ebola overseas, a healthcare professional will be provided with
    35  a bill of rights outlining these existing anti-discrimination  laws.  In
    36  addition  to  these existing anti-discrimination laws, and in accordance
    37  with the provisions of this section, healthcare professionals shall have
    38  the right to seek a leave of absence to volunteer to fight  Ebola  over-
    39  seas without adverse employment consequences.
    40    3.  Definitions. For the purposes of this section, the following terms
    41  shall have the following meanings:
    42    (a)  "Employee"  means  any  individual  healthcare  professional  who
    43  performs  services  for  hire  for  an employer but shall not include an
    44  independent contractor.
    45    (b) "Employer" means a person or  entity  that  employs  a  healthcare
    46  professional  and includes an individual, corporation, limited liability
    47  company, partnership,  association,  nonprofit  organization,  group  of
    48  persons,  county,  town,  city, school district, public authority, state
    49  agency, or other governmental subdivision of any kind.
    50    (c) "Fight Ebola" means to serve as a  healthcare  professional  in  a
    51  country  that  has  been classified as having widespread transmission of

        S. 2006--B                         56                         A. 3006--B
 
     1  the  Ebola  virus  disease  by  the  centers  for  disease  control  and
     2  prevention of the United States department of health and human services.
     3    (d) "Healthcare professional" means:
     4    (i) a physician licensed pursuant to article one hundred thirty-one of
     5  the education law;
     6    (ii)  a  physician  assistant licensed pursuant to article one hundred
     7  thirty-one-B of the education law;
     8    (iii) a nurse practitioner licensed pursuant to  article  one  hundred
     9  thirty-nine of the education law;
    10    (iv)  a registered professional nurse licensed pursuant to article one
    11  hundred thirty-nine of the education law; and
    12    (v) other healthcare professions as added by the commissioner pursuant
    13  to subdivision thirteen of this section.
    14    (e) "Leave of absence" means time away from work that is excused. Such
    15  time shall be unpaid, unless the employee requests that such time, or  a
    16  portion  thereof,  be  paid pursuant to a charge against paid leave that
    17  has accrued to such employee.
    18    (f) "Undue hardship" means an absence requiring significant expense or
    19  difficulty, including a significant interference with the safe or  effi-
    20  cient operation of the workplace or a violation of a bona fide seniority
    21  system.  Factors  to  be  considered  in  determining whether an absence
    22  constitutes an undue economic hardship shall include, but not be limited
    23  to the identifiable cost of the absence, including the costs of loss  of
    24  productivity  and  of  retraining,  hiring  or transfer of employees, in
    25  relation to the size and operating costs of the employer and other known
    26  or reasonably foreseeable absences, the overall financial  resources  of
    27  the  employer,  the  number of employees at the employee's facility, the
    28  employee's role within the  facility,  the  type  of  operation  of  the
    29  employer,  including  the structure and functions of the employee within
    30  it, the impact on the operation of  the  employer,  and  the  employer's
    31  ability  to hire temporary or new employees with the requisite skills to
    32  ensure the employer's continued operations.
    33    (g) "Volunteer" means to freely offer  services  to  fight  Ebola  and
    34  includes such services without regard to whether they are compensated.
    35    4. Leave of absence by healthcare professionals who volunteer to fight
    36  Ebola.  An  employee  covered by this section has the right to request a
    37  leave of absence to volunteer to fight Ebola from his or her employer as
    38  herein provided. An employer shall grant such request  for  a  leave  of
    39  absence  to  volunteer  to  fight  Ebola,  unless the employee's absence
    40  imposes an undue hardship on the employer's business or operations.
    41    5. Duration of the leave of absence. (a) The duration of the leave  of
    42  absence  shall  be the full time period requested by the employee, which
    43  shall include travel time, service volunteering to fight  Ebola,  and  a
    44  reasonable  period of rest and recovery. If the employer determines that
    45  an absence for that full period of time would constitute an undue  hard-
    46  ship, the employer and employee shall work together to determine whether
    47  there  is  a  shorter  period of time that would not constitute an undue
    48  hardship that would still allow  the  employee  to  volunteer  to  fight
    49  Ebola.  If  the  employer  and  employee agree on a shorter period, that
    50  shall be the duration of the leave  of  absence  under  this  paragraph.
    51  Otherwise, if they are unable to agree on a shorter period, the leave of
    52  absence shall be deemed denied.
    53    (b)  The duration of leave of absence, as determined pursuant to para-
    54  graph (a) of this subdivision shall be extended  to  include  any  addi-
    55  tional  period  of time that the employee becomes subject to a mandatory

        S. 2006--B                         57                         A. 3006--B
 
     1  quarantine period imposed at the end of the employee's voluntary service
     2  to fight Ebola.
     3    6.  Leave  of  absence  request.  An employee's request for a leave of
     4  absence pursuant to this section shall be made, in writing,  to  his  or
     5  her  employer  at least twenty-one days prior to the employee's proposed
     6  start date of such leave of absence. The employee's request shall, at  a
     7  minimum:
     8    (a)  identify  the duration of leave sought, including the anticipated
     9  start and end dates of the volunteer service, together  with  any  addi-
    10  tional time sought for transportation and for rest prior to returning to
    11  work;
    12    (b)  identify the service to be volunteered, including the country and
    13  the organization with whom the employee will be volunteering; and
    14    (c) certify that such service constitutes volunteering to fight Ebola,
    15  within the meaning of this section.
    16    7. Notarization. Upon the employer's request, an employee who has been
    17  granted a leave of absence in accordance with this section shall provide
    18  his or her employer with a notarized statement from the organization  or
    19  entity with whom the employee will be volunteering. The statement shall:
    20    (a)  identify  the  anticipated  start  and end dates of the volunteer
    21  service and the terms of service, including any compensation  and  bene-
    22  fits to be provided;
    23    (b)  identify the service to be volunteered, including the country and
    24  the organization with whom the employee will be volunteering; and
    25    (c) certify that such service constitutes volunteering to fight Ebola,
    26  within the meaning of this section.
    27    8. Benefits during leave. Employees who take leave under this  section
    28  shall  be restored at the completion of such leave to the same or compa-
    29  rable position without loss of seniority, shall be entitled  to  partic-
    30  ipate in insurance or other benefits offered by the employer pursuant to
    31  established  rules  and  practices  relating to employees on furlough or
    32  leave of absence in effect with the employer at the time  such  employee
    33  made request to take leave of absence as provided in this section.
    34    9.  Retaliation prohibited. An employer shall not retaliate against an
    35  employee for requesting or obtaining a leave of absence as  provided  by
    36  this section.
    37    10.  Retention  of  benefits. The provisions of this section shall not
    38  affect or prevent an employer from providing leave in addition to  leave
    39  allowed under any other provision of law. The provisions of this section
    40  shall not affect an employee's rights with respect to any other employee
    41  benefit provided by law, rule or regulation.
    42    11.  Collective bargaining. Nothing set forth in this section shall be
    43  construed to impede, infringe, or diminish the rights and benefits  that
    44  accrue  to employees through bona fide collective bargaining agreements,
    45  or otherwise diminish the integrity of an existing collective bargaining
    46  agreement.
    47    12. Review of denial of leave. An employee  whose  request  for  leave
    48  under  this  section  has  been denied may petition the commissioner for
    49  review of such denial, which review shall be expeditiously conducted.
    50    13. Rules and regulations.  The  commissioner  shall  promulgate  such
    51  rules  and  regulations as may be necessary for the purposes of carrying
    52  out the provisions of this section.
    53    § 2. This act shall take effect on the thirtieth day  after  it  shall
    54  have  become  a law; provided, however, that subdivision four of section
    55  202-m of the labor law, as added by  section  one  of  this  act,  shall

        S. 2006--B                         58                         A. 3006--B
 
     1  expire  and  be  deemed repealed December 1, 2016, and provided, further
     2  that this act shall expire and be deemed repealed December 1, 2018.
 
     3                                   PART P
 
     4    Section  1.  Subdivision 3 of section 204 of the labor law, as amended
     5  by section 2 of part A of chapter 57 of the laws of 2004, is amended  to
     6  read as follows:
     7    3.  Fees.  A  fee of two hundred dollars shall be charged the owner or
     8  lessee of each boiler internally inspected and seventy-five dollars  for
     9  each  boiler externally inspected by the commissioner, provided however,
    10  that the external inspection of multiple boilers connected to  a  common
    11  header  or  of  separate  systems  owned or leased by the same party and
    12  located in the same building, with a combined  input  which  is  300,000
    13  BTU/hour  or less, shall be charged a single inspection fee, and further
    14  provided that, not more than two hundred seventy-five dollars  shall  be
    15  charged  for  the inspection of any one boiler for any year; except that
    16  [in the  case]  no  fee  shall  be  charged  for  internal  or  external
    17  inspections by the commissioner of an antique steam engine maintained as
    18  a hobby and displayed at agricultural fairs and other gatherings[, a fee
    19  of twenty-five dollars only shall be charged the owner or lessee thereof
    20  for  each  boiler  internally inspected by the commissioner and a fee of
    21  twenty-five dollars only shall be charged  for  each  boiler  externally
    22  inspected  by the commissioner, but not more than fifty dollars shall be
    23  charged for the inspection of any one such  boiler  for  any  year,  and
    24  except  that  in  the  case]  or  of  a miniature boiler [a fee of fifty
    25  dollars only shall be charged for the inspection of any one such  boiler
    26  for  any  year.  Such  fee  shall  be  payable  within thirty days after
    27  inspection].
    28    § 2. Subdivision 1 of section 212-b of the labor law,  as  amended  by
    29  section  6  of  part  A of chapter 57 of the laws of 2004, is amended to
    30  read as follows:
    31    1. No person shall operate a farm labor camp commissary, or  cause  or
    32  allow  the  operation  of a farm labor camp commissary, without a permit
    33  from the commissioner to do so, and unless such permit is in full  force
    34  and  effect.  Application  for  such  permit  shall  be  made  on a form
    35  prescribed by the commissioner [and shall be accompanied  by  a  non-re-
    36  fundable fee of forty dollars].
    37    §  3.  Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
    38  constituting the New York state defense emergency  act,  as  amended  by
    39  section  12  of  part A of chapter 57 of the laws of 2004, is amended to
    40  read as follows:
    41    1. Employers in defense work may make  applications  for  dispensation
    42  pursuant  to  this  article  in  such  manner and upon such forms as the
    43  commissioner of labor shall  prescribe.    [Each  application  shall  be
    44  accompanied  by  a  non-refundable  fee  of forty dollars payable to the
    45  commissioner.] The commissioner of labor may,  after  hearing  upon  due
    46  notice,  revoke dispensations not necessary to maintain maximum possible
    47  production in defense work.
    48    § 4. Subdivision 5 of section 161 of the  labor  law,  as  amended  by
    49  section  1  of  part  A of chapter 57 of the laws of 2004, is amended to
    50  read as follows:
    51    5. If there shall be practical difficulties or unnecessary hardship in
    52  carrying out the provisions of this section  or  the  rules  promulgated
    53  hereunder, the commissioner may make a variation therefrom if the spirit
    54  of  the  act  be  observed  and substantial justice done. Such variation

        S. 2006--B                         59                         A. 3006--B
 
     1  shall describe the conditions under which  it  shall  be  permitted  and
     2  shall  apply  to  substantially  similar  conditions. A properly indexed
     3  record of variations shall be kept by the department. [Each  application
     4  for  a  variation  shall be accompanied by a non-refundable fee of forty
     5  dollars.]
     6    § 5. Paragraph b of subdivision 4 of section 212-a of the  labor  law,
     7  as  amended by section 5 of part A of chapter 57 of the laws of 2004, is
     8  amended to read as follows:
     9    b. The application for such registration  shall  be  made  on  a  form
    10  prescribed  by  the  commissioner,  shall  contain information on wages,
    11  working conditions, housing, and on such other matters  as  the  commis-
    12  sioner  may  prescribe [and shall be accompanied by a non-refundable fee
    13  of forty dollars]. Copies  of  the  application,  or  summaries  thereof
    14  containing the above information, shall be made available by the commis-
    15  sioner  to  the registrant, and the registrant shall give a copy to each
    16  worker, preferably at the time of recruitment, but  in  no  event  later
    17  than the time of arrival in this state. A copy shall also be kept posted
    18  at  all  times  in a conspicuous place in any camp in which such workers
    19  are housed.
    20    § 6. Paragraph b of subdivision 2 of section 212-a of the  labor  law,
    21  as  amended by section 4 of part A of chapter 57 of the laws of 2004, is
    22  amended to read as follows:
    23    b. The application for such certificate of registration shall be  made
    24  on  a  form prescribed by the commissioner, shall contain information on
    25  wages, working conditions, housing and on  such  other  matters  as  the
    26  commissioner may prescribe [and shall be accompanied by a non-refundable
    27  fee of two hundred dollars]. It shall be countersigned by each grower or
    28  processor  who  utilizes  the services of such farm labor contractor, as
    29  provided in subdivision three of this section. Copies  of  the  applica-
    30  tion,  or  summaries  thereof containing the above information, shall be
    31  made available by the commissioner to the registrant, and the registrant
    32  shall give a copy to each worker, preferably at the time of recruitment,
    33  but in no event later than the time of arrival  in  this  state  if  the
    34  worker  comes  from outside of the state, or the time of commencement of
    35  work if the worker does not come from outside of the state. A copy shall
    36  also be kept posted at all times in a conspicuous place in any  camp  in
    37  which  such  workers  are housed. Each applicant shall submit his or her
    38  fingerprints with his or her application for a certificate of  registra-
    39  tion.  Such  fingerprints shall be submitted to the division of criminal
    40  justice services for a state criminal history record check,  as  defined
    41  in  subdivision  one of section three thousand thirty-five of the educa-
    42  tion law, and may be submitted to the federal  bureau  of  investigation
    43  for a national criminal history record check.
    44    § 7. Subdivision 2 of section 352 of the labor law is REPEALED.
    45    § 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
    46  chapter 565 of the laws of 2002, are amended to read as follows:
    47    5.  A  professional  employer  organization  shall  be exempt from the
    48  registration requirements specified in this section [and from  the  fees
    49  specified  in  section  nine  hundred  twenty  of  this article] if such
    50  professional employer organization:
    51    (a) submits a properly executed request for registration and exemption
    52  on a form provided by the department;
    53    (b) is domiciled outside this state and is licensed or registered as a
    54  professional employer organization in another state that has the same or
    55  greater requirements as this article;

        S. 2006--B                         60                         A. 3006--B
 
     1    (c) does not maintain an office in this state or solicit in any manner
     2  clients located or domiciled within this state; and
     3    (d)  does  not  have  more than twenty-five worksite employees in this
     4  state.
     5    6. The registration and exemption of a professional employer organiza-
     6  tion under subdivision five of this section shall be valid for one year.
     7  [Each de minimis registrant shall pay to  the  department  upon  initial
     8  registration,  and  upon  each annual renewal thereafter, a registration
     9  fee in the amount of two hundred fifty dollars.]
    10    § 9. Section 920 of the labor law is REPEALED.
    11    § 10. Subdivision 4 of section 134 of the workers'  compensation  law,
    12  as  amended  by  chapter  6  of  the laws of 2007, is amended to read as
    13  follows:
    14    4. Employers required to participate in the workplace safety and  loss
    15  prevention  program  established  by  this section shall be permitted to
    16  utilize the services of either the department of  labor,  or  a  private
    17  safety and loss consultant which has been certified by the department of
    18  labor  [and  has  paid  the  appropriate certification fee prescribed by
    19  rules and regulations promulgated under this  section].  Private  safety
    20  and loss consultants may charge employers a fee for their services[, and
    21  where employers elect to have the services provided by the department of
    22  labor, they shall pay for such services in accordance with fee schedules
    23  established by the department of labor's rules and regulations].
    24    § 11. Subdivision 5 of section 134 of the workers' compensation law is
    25  REPEALED.
    26    §  12. Subdivision 10 of section 134 of the workers' compensation law,
    27  as amended by chapter 6 of the laws of 2007 and as  further  amended  by
    28  section  104  of part A of chapter 62 of the laws of 2011, is amended to
    29  read as follows:
    30    10. The commissioner of labor, in consultation with the superintendent
    31  of financial services, shall promulgate rules and  regulations  for  the
    32  certification  of safety and loss management specialists. Such rules and
    33  regulations shall include provisions that outline the minimum qualifica-
    34  tions for safety and loss management specialists, procedures for certif-
    35  ication, causes for revocation or suspension of certification and appro-
    36  priate administrative and judicial review procedures, and violations and
    37  penalties for misuse of  certification  by  certified  safety  and  loss
    38  management  specialists[,  and  fees  for  certificate  and  certificate
    39  renewal].
    40    § 13. Subdivision 2 of section 345-a of the labor  law,  as  added  by
    41  chapter 503 of the laws of 1998, is amended to read as follows:
    42    2.  For  the purposes of this section, the exercise of reasonable care
    43  or diligence by a manufacturer or contractor shall be presumed if, prior
    44  to the execution of such contract or subcontract, and annually thereaft-
    45  er, such manufacturer or contractor receives from the department written
    46  assurance of compliance with section three  hundred  forty-one  of  this
    47  article.  [The department may charge a reasonable fee for providing such
    48  assurance to a manufacturer or contractor.]
    49    § 14. Subdivisions 6 and 7  of  section  819  of  the  labor  law  are
    50  REPEALED  and  subdivision  5,  as amended by chapter 319 of the laws of
    51  2004, is amended to read as follows:
    52    5. The entity possesses a tag issued by the department with  an  iden-
    53  tification number affixed and identifying each machine[;].
    54    § 15. Section 204-a of the labor law is REPEALED.
    55    § 16. This act shall take effect immediately.

        S. 2006--B                         61                         A. 3006--B
 
     1                                   PART Q
 
     2    Section  1.  Subdivision  2  of  section  355  of the education law is
     3  amended by adding a new paragraph f-1 to read as follows:
     4    f-1. Notwithstanding any law, rule or regulation to the contrary,  the
     5  state  university  of New York board of trustees shall pass a resolution
     6  by June first, two thousand fifteen, to develop a plan to make available
     7  to students enrolled in an academic program of the state  university  of
     8  New  York  beginning in the two thousand sixteen--two thousand seventeen
     9  academic year, approved experiential  or  applied  learning  activities.
    10  Such  experiential or applied learning activities may include completion
    11  of activities related to students' program of study, including, but  not
    12  limited  to,  service-learning activities completed as part of a course,
    13  paid or unpaid internships,  faculty-supervised  undergraduate  projects
    14  and activities leading to publication of research in journals or similar
    15  publications, production or performance of creative works, and iterative
    16  "co-op"  partnerships that explicitly link the curricula to a temporary,
    17  paid position in industry  or  the  public  sector.  Such  plan,  to  be
    18  completed  by  June  first,  two thousand sixteen, shall be developed in
    19  consultation with university faculty  senate,  the  faculty  council  of
    20  community  colleges,  the SUNY student assembly, and other stakeholders.
    21  Such plan shall define approved experiential or applied learning  activ-
    22  ities,  methods of faculty oversight and assessment, responsibilities of
    23  business, corporate, non-profit or other entities hosting students,  and
    24  include  a requirement for collecting and reporting data associated with
    25  such experiential or applied learning activities. Such plan  shall  have
    26  each  college  examine the feasibility of including such experiential or
    27  applied learning activities as a degree requirement. Such college  shall
    28  examine  its  ability  to  administer  and provide such opportunities to
    29  students; the local community's capacity to support such experiential or
    30  applied learning activities; the impact such requirement would  have  on
    31  the local workforce, if any; potential for such a requirement to enhance
    32  learning  outcomes  for  students; and whether adding such a requirement
    33  would cause potential delays in graduation for students.
    34    § 2. Section 6206 of the education law is  amended  by  adding  a  new
    35  subdivision 18 to read as follows:
    36    18.  Notwithstanding  any law, rule or regulation to the contrary, the
    37  city university of New York board of trustees shall pass a resolution by
    38  June first, two thousand fifteen, to develop a plan to make available to
    39  students enrolled in an academic program of the city university  of  New
    40  York  beginning  in  the  two  thousand  sixteen--two thousand seventeen
    41  academic year, approved experiential  or  applied  learning  activities.
    42  Such  experiential or applied learning activities may include completion
    43  of activities related to students' program of study, including, but  not
    44  limited  to,  service-learning activities completed as part of a course,
    45  paid or unpaid internships,  faculty-supervised  undergraduate  projects
    46  and activities leading to publication of research in journals or similar
    47  publications, production or performance of creative works, and iterative
    48  "co-op"  partnerships that explicitly link the curricula to a temporary,
    49  paid position in industry  or  the  public  sector.  Such  plan,  to  be
    50  completed  by  June  first,  two thousand sixteen, shall be developed in
    51  consultation with university  faculty  senate,  the  university  student
    52  senate and other stakeholders. Such plan shall define approved experien-
    53  tial  or  applied  learning activities, methods of faculty oversight and
    54  assessment, responsibilities of business, corporate, non-profit or other
    55  entities hosting students, and include a requirement for collecting  and

        S. 2006--B                         62                         A. 3006--B
 
     1  reporting  data  associated  with  such experiential or applied learning
     2  activities. Such plan shall have each college examine the feasibility of
     3  including such experiential or applied learning activities as  a  degree
     4  requirement.  Such  college  shall examine its ability to administer and
     5  provide such opportunities to students; the local  community's  capacity
     6  to  support such experiential or applied learning activities; the impact
     7  such requirement would have on the local workforce,  if  any;  potential
     8  for  such  a  requirement to enhance learning outcomes for students; and
     9  whether adding such a requirement would cause potential delays in gradu-
    10  ation for students.
    11    § 3. This act shall take effect immediately and  shall  be  deemed  to
    12  have been in full force and effect on and after April 1, 2015.
 
    13                                   PART R
 
    14    Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
    15  chapter 57 of the laws of 2005, relating to the New  York  state  higher
    16  education  capital  matching  grant program for independent colleges, as
    17  amended by section 1 of part H of chapter 56 of the  laws  of  2014,  is
    18  amended to read as follows:
    19    (a)  The  New York state higher education capital matching grant board
    20  is hereby created to have and exercise the powers, duties  and  preroga-
    21  tives provided by the provisions of this section and any other provision
    22  of law. The board shall remain in existence during the period of the New
    23  York  state  higher  education  capital  matching grant program from the
    24  effective date of this section through [March 31, 2017, or] the date  on
    25  which  the  last  of  the  funds available for grants under this section
    26  shall have been disbursed[, whichever is  earlier];  provided,  however,
    27  that  the termination of the existence of the board shall not affect the
    28  power and authority of the dormitory  authority  to  perform  its  obli-
    29  gations  with  respect to any bonds, notes, or other indebtedness issued
    30  or incurred pursuant to authority granted in this section.
    31    § 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
    32  57  of the laws of 2005, relating to the New York state higher education
    33  capital matching grant program for independent colleges, as  amended  by
    34  section  2  of  part  H of chapter 56 of the laws of 2014, is amended to
    35  read as follows:
    36    (h) In the event that any colleges do not apply for  higher  education
    37  capital  matching  grants  by March 31, 2009, or in the event they apply
    38  for and are awarded, but do not use the full amount of such grants,  the
    39  unused  funds  associated with such grants and any additional funds that
    40  become available shall thereafter be awarded to colleges  on  a  compet-
    41  itive  basis.    The  dormitory  authority  shall  develop a request for
    42  proposals and application process, in consultation with the  board,  for
    43  higher  education capital matching grants awarded pursuant to this para-
    44  graph, and shall develop criteria, subject to review by the  board,  for
    45  the  awarding  of  such  grants.  Such  criteria may include, but not be
    46  limited to the matching criteria contained  in  paragraph  (c)  of  this
    47  subdivision, and application criteria set forth in paragraph (e) of this
    48  subdivision.  [The dormitory authority shall require all applications in
    49  response to the request for proposals to be submitted  by  September  1,
    50  2014,  and  the  board  shall  act on each application for such matching
    51  grants by November 1, 2014.]
    52    § 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
    53  section 1 of part U of chapter 57 of the laws of 2005, relating  to  the
    54  New York state higher education capital matching grant program for inde-

        S. 2006--B                         63                         A. 3006--B
 
     1  pendent colleges, as amended by section 3 of part H of chapter 56 of the
     2  laws of 2014, is amended to read as follows:
     3    (A) Notwithstanding the provision of any general or special law to the
     4  contrary,  and  subject  to  the provisions of chapter 59 of the laws of
     5  2000 and to the making of annual appropriations therefor by the legisla-
     6  ture, in order to assist the dormitory authority in providing such high-
     7  er education capital matching grants, the  director  of  the  budget  is
     8  authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
     9  state fiscal year thereafter [for a period ending on March 31, 2017], to
    10  enter into one or more service contracts, none of which shall exceed  30
    11  years  in duration, with the dormitory authority, upon such terms as the
    12  director of the budget and the dormitory authority agree.
    13    § 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
    14  57  of the laws of 2005, relating to the New York state higher education
    15  capital matching grant program for independent colleges, as  amended  by
    16  section  4  of  part  H of chapter 56 of the laws of 2014, is amended to
    17  read as follows:
    18    (b) Any eligible institution receiving a grant pursuant to this  arti-
    19  cle  shall  report  to  the  dormitory  authority [no later than June 1,
    20  2018,] on the use of funding received and its programmatic and  economic
    21  impact  no later than twelve months after the completion of the project.
    22  The dormitory authority shall submit a report [no later than November 1,
    23  2018] to the governor, the director of the budget, the temporary  presi-
    24  dent  of  the  senate,  and the speaker of the assembly on the aggregate
    25  impact of the higher education [matching] capital matching grant program
    26  no later than eighteen months after the completion of the last  project.
    27  Such  report  shall  provide  information  on  the progress and economic
    28  impact of such [project] projects.
    29    § 5. This act shall take effect immediately and  shall  be  deemed  to
    30  have been in full force and effect on and after April 1, 2015.
 
    31                                   PART S
 
    32    Section  1.  Section 904 of the labor law is amended by adding two new
    33  subdivisions 2-a and 2-b to read as follows:
    34    2-a. The project notification fee imposed by subdivision two  of  this
    35  section  shall  be  waived  if  the project is being undertaken by or on
    36  behalf of a city, town, village, or county that is abating or  demolish-
    37  ing  a  building  that is a public nuisance or unsafe. Such waiver shall
    38  apply only if the city, town, village or  county  certifies  in  writing
    39  that the project cost will exceed the resulting value of the property.
    40    2-b.  The  project notification fee imposed by subdivision two of this
    41  section shall be waived if the project is being undertaken: (a) pursuant
    42  to a plan adopted pursuant to article fifteen of the  general  municipal
    43  law;  (b)  pursuant  to a plan adopted pursuant to article eighteen-C of
    44  the general municipal law; or (c) by or on behalf of a land bank operat-
    45  ing pursuant to article sixteen of the not-for-profit corporation law.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART T
 
    48    Section 1. Section 13 of chapter 141 of the laws of 1994, amending the
    49  legislative law and the state finance law relating to the operation  and
    50  administration  of the legislature, as amended by section 2 of part K of
    51  chapter 55 of the laws of 2014, is amended to read as follows:

        S. 2006--B                         64                         A. 3006--B
 
     1    § 13. This act shall take effect immediately and shall  be  deemed  to
     2  have  been  in full force and effect as of April 1, 1994, provided that,
     3  the provisions of section 5-a of  the  legislative  law  as  amended  by
     4  sections two and two-a of this act shall take effect on January 1, 1995,
     5  and provided further that, the provisions of article 5-A of the legisla-
     6  tive  law  as  added  by section eight of this act shall expire June 30,
     7  [2015] 2016 when upon such date the provisions of such article shall  be
     8  deemed  repealed;  and  provided further that section twelve of this act
     9  shall be deemed to have been in full force and effect on and after April
    10  10, 1994.
    11    § 2. This act shall take effect  immediately,  provided,  however,  if
    12  this  act  shall take effect on or after June 30, 2015 this act shall be
    13  deemed to have been in full force and effect on and after June 30, 2015.
 
    14                                   PART U
 
    15    Section 1. The state finance law is amended by adding  a  new  section
    16  99-w to read as follows:
    17    § 99-w. SUNY DSRIP escrow fund. 1. Notwithstanding any other provision
    18  of  law,  rule, regulation, or practice to the contrary, there is hereby
    19  established in the joint custody of the comptroller and  the  chancellor
    20  of  the  state university of New York (SUNY) a trust and agency fund, to
    21  be known as the "SUNY DSRIP escrow fund" which shall be available  with-
    22  out fiscal year limitation.
    23    2.  The SUNY DSRIP escrow fund shall consist of (i) monies transferred
    24  to SUNY hospital facilities, acting as lead providers under the delivery
    25  system reform incentive payment program  from  the  medicaid  management
    26  information  system  (MMIS) statewide escrow fund (179) to provide funds
    27  to SUNY hospital facilities to make those payments specified in subdivi-
    28  sion three of this section that  are  authorized  by  New  York  State's
    29  Section  1115  Waiver Partnership Plan pursuant to Section 1115 of Title
    30  XI of the Social Security Act, and (ii) monies transferred by SUNY  from
    31  a state university health care account referenced in subdivision eight-a
    32  of  section  three  hundred  fifty-five  of the education law to pay any
    33  amount owed by a SUNY hospital to a performing provider system for which
    34  such SUNY hospital is the lead  provider  resulting  from  a  successful
    35  payment  distribution  challenge  by  such  performing  provider system.
    36  Notwithstanding any law to the contrary, such amounts  owed  by  a  SUNY
    37  hospital  may  be  transferred  without  appropriation  by SUNY from the
    38  health care account referenced in subdivision eight-a of  section  three
    39  hundred fifty-five of the education law to the SUNY DSRIP escrow fund.
    40    3.  Monies  of  the  SUNY DSRIP escrow fund shall be expended only for
    41  such purposes as authorized under the delivery system  reform  incentive
    42  payment program of New York State's Section 1115 Waiver Partnership Plan
    43  pursuant  to  Section  1115  of  Title  XI  of  the Social Security Act.
    44  Notwithstanding any other law,  rule,  regulation  or  practice  to  the
    45  contrary,  upon  the  request  of  the chancellor of SUNY, or her or his
    46  designee, payments from the SUNY DSRIP escrow fund shall be made, solely
    47  and exclusively to Central New York  Care  Collaborative,  Inc.  and  SB
    48  Clinical  Network IPA, LLC, or any successor in interest to either enti-
    49  ty, as necessary to implement the  distribution  of  the  net  award  of
    50  health care delivery system reform incentive payments in accordance with
    51  the methodology and distribution plan for award distribution adopted and
    52  amended  from time to time by the performing provider system for which a
    53  SUNY hospital is the lead provider.

        S. 2006--B                         65                         A. 3006--B
 
     1    § 2. This act shall take effect immediately and  shall  be  deemed  to
     2  have been in full force and effect on and after April 1, 2015.
 
     3                                   PART V
 
     4    Section  1.  Subdivision  6  of  section  665  of the education law is
     5  amended by adding a new paragraph e to read as follows:
     6     e. Notwithstanding the provisions of paragraph c of this subdivision,
     7  for students who are disabled as defined by the Americans with Disabili-
     8  ties Act of 1990, 42 USC 12101, and who receive their first state  award
     9  during the two thousand ten--two thousand eleven academic year and ther-
    10  eafter  shall  make  satisfactory  progress  toward  completion  of  the
    11  program's academic requirements  as  provided  in  this  paragraph.  For
    12  purposes of this subdivision, "reasonable progress toward the completion
    13  of  the  program"  shall mean a student must complete, at a minimum, the
    14  following requirements at the time of certification; provided that noth-
    15  ing shall prevent a college from developing stricter standards to  meas-
    16  ure reasonable progress:
    17    (i)  For  students  who  are disabled as defined by the Americans with
    18  Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
    19  sand ten--two thousand eleven and thereafter, and enrolled in  four-year
    20  or  five-year undergraduate programs whose terms are organized in semes-
    21  ters:
 
    22    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th
    23    Certified
    24    for This
    25    Payment
 
    26    A Student Must 0    3    9    21   33   45   60   75   90   105
    27    Have Accrued
    28    at Least This
    29    Many Credits
 
    30    With At Least  0    1.5  1.8  1.8  2.0  2.0  2.0  2.0  2.0  2.0
    31    This Grade
    32    Point Average
 
    33    (ii) For students who are disabled as defined by  the  Americans  with
    34  Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
    35  sand  ten--two  thousand eleven and thereafter, and enrolled in two-year
    36  undergraduate programs whose terms are organized in semesters:
 
    37    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th
    38    Certified
    39    for This
    40    Payment
 
    41    A Student      0    3    9    18   30   42   51   60
    42    Must Have
    43    Accrued at
    44    Least This
    45    Many Credits
 
    46    With At Least  0    1.3  1.5  1.8  2.0  2.0  2.0  2.0
    47    This Grade

        S. 2006--B                         66                         A. 3006--B
 
     1    Point Average
 
     2    (iii)  For  students who are disabled as defined by the Americans with
     3  Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
     4  sand ten--two thousand eleven and thereafter, and enrolled in  four-year
     5  or  five-year  undergraduate  programs  whose  terms  are organized on a
     6  trimester basis:
 
     7    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th
     8    Certified
     9    for This
    10    Payment
 
    11    A Student      0    2    4    9    17   25   33   40
    12    Must Have
    13    Accrued at
    14    Least This
    15    Many Credits
 
    16    With At Least  0    1.1  1.5  1.5  1.8  2.0  2.0  2.0
    17    This Grade
    18    Point Average
 
    19  and,
 
    20    Before Being   9th  10th 11th 12th 13th 14th 15th
    21    Certified
    22    for This
    23    Payment
 
    24    A Student      50   60   70   80   90   100  110
    25    Must Have
    26    Accrued at
    27    Least This
    28    Many Credits
 
    29    With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0
    30    This Grade
    31    Point Average
 
    32    (iv) For students who are disabled as defined by  the  Americans  with
    33  Disabilities Act of 1990, 42 USC 12101, first receiving aid in two thou-
    34  sand  ten--two  thousand eleven and thereafter, and enrolled in two-year
    35  undergraduate programs whose terms are organized on a trimester basis:
 
    36    Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th
    37    Certified
    38    for This
    39    Payment
 
    40    A Student      0    2    4    9    15   21   30   37
    41    Must Have
    42    Accrued at
    43    Least This
    44    Many Credits

        S. 2006--B                         67                         A. 3006--B
 
     1    With At Least  0    1.0  1.3  1.5  1.5  1.8  2.0  2.0
     2    This Grade
     3    Point Average
 
     4  and,
 
     5    Before Being   9th  10th 11th 12th
     6    Certified
     7    for This
     8    Payment
 
     9    A Student      45   50   55   60
    10    Must Have
    11    Accrued at
    12    Least This
    13    Many Credits
 
    14    With At Least  2.0  2.0  2.0  2.0
    15    This Grade
    16    Point Average
 
    17    (v)  Notwithstanding  any  other provision of law or regulation to the
    18  contrary, upon each certification, payment eligibility shall  be  deter-
    19  mined  and  measured  proportionally in equivalence with full time study
    20  for students who are disabled as defined by the Americans with Disabili-
    21  ties Act of 1990, 42 USC 12101.
    22    § 2. This act shall take effect immediately.
 
    23                                   PART W
 
    24    Section 1. Subdivision 8 of section 695-e of  the  education  law,  as
    25  amended  by  chapter  593  of  the  laws  of 2003, is amended to read as
    26  follows:
    27    8. No account owner or designated beneficiary of any account shall  be
    28  permitted to direct the investment of any contributions to an account or
    29  the earnings thereon more than two times in any calendar year.
    30    § 2. This act shall take effect immediately.
 
    31                                   PART X
 
    32    Section  1.  The education law is amended by adding a new section 6456
    33  to read as follows:
    34    § 6456. Foster youth college success  initiative.  1.  Subject  to  an
    35  appropriation,  the  commissioner shall allocate the funds available for
    36  the foster youth college success initiative for the purpose of providing
    37  support services to assist youth in foster care to apply for, enroll in,
    38  and succeed in college. Such grants shall be awarded to institutions  of
    39  the state university of New York and institutions of the city university
    40  of  New  York,  and  the  commissioner  shall  enter into contracts with
    41  degree-granting institutions in New York that are  currently  funded  by
    42  the  Arthur  O.  Eve  higher  education  opportunity program pursuant to
    43  section sixty-four hundred fifty-one of this article for the purpose  of
    44  providing  additional  services and expenses to expand opportunities for
    45  foster youth.
    46    2. For the  purposes  of  this  section,  "foster  youth"  shall  mean
    47  students  who  have  qualified as an orphan, foster child or ward of the

        S. 2006--B                         68                         A. 3006--B
 
     1  court for the purposes of federal student financial aid programs author-
     2  ized by Title IV of the Higher Education Act of 1965, as amended.
     3    3.  Funds  appropriated  for  the purposes of this initiative shall be
     4  allocated by sector as follows: fifty-two percent  for  institutions  in
     5  the state university of New York; thirty percent for institutions in the
     6  city  university  of  New  York;  and eighteen percent for other degree-
     7  granting institutions in New York with  current  Arthur  O.  Eve  higher
     8  education opportunity programs.
     9    4. Funds for all programs under this section shall be awarded in equal
    10  amounts  per  foster  youth to each institution that applies for funding
    11  allocated to its sector distribution as provided in subdivision three of
    12  this section and has an application that is approved by the  commission-
    13  er.
    14    5.  Moneys  made available to institutions under this section shall be
    15  spent for the following purposes:
    16    a. to provide additional services and expenses to expand opportunities
    17  through existing postsecondary opportunity programs at the state univer-
    18  sity of New York, the city university of New  York,  and  other  degree-
    19  granting higher education institutions for foster youth;
    20    b.  to  provide  any  necessary  supplemental financial aid for foster
    21  youth, which may include the cost of tuition and fees, books,  transpor-
    22  tation,  and  other  expenses  as  determined  by the commissioner to be
    23  necessary for such foster youth to attend college;
    24    c. summer college preparation programs to help foster youth transition
    25  to college, prepare them to  navigate  on-campus  systems,  and  provide
    26  preparation  in  reading,  writing, and mathematics for foster youth who
    27  need it; or
    28    d. advisement, tutoring, and academic assistance for foster youth.
    29    6. Eligible institutions shall file an application for approval by the
    30  commissioner no later than the first of October each year  demonstrating
    31  a need for such funding, including how the funding would be used and how
    32  many foster youth would be assisted with such funding. Successful appli-
    33  cants will be funded as provided in subdivision four of this section.
    34    7.  No  funds  pursuant  to  this  section  shall be made available to
    35  support the regular academic programs of any  institution  participating
    36  in  this  program,  nor  shall  funds be provided for programs which are
    37  incompatible with the regents plan for the expansion and development  of
    38  higher education in this state.
    39    §  2.  This  act shall take effect on July 1, 2015; provided, however,
    40  that effective immediately, the addition, amendment and/or repeal of any
    41  rule or regulation necessary for the implementation of this act  on  its
    42  effective date is authorized.
 
    43                                   PART Y
 
    44    Section  1.  Section  6306 of the education law is amended by adding a
    45  new subdivision 10 to read as follows:
    46    10. The boards of trustees of the state university of New York  commu-
    47  nity  colleges  shall  consult  with  boards  of cooperative educational
    48  services (BOCES)  to  identify  new  or  existing  programs  offered  to
    49  students  that  would  allow a student to pursue an associate of occupa-
    50  tional studies (AOS) degree from a community college  upon  high  school
    51  graduation.  Once  identified, BOCES in collaboration with the community
    52  college boards of trustees shall make such  path,  identified  programs,
    53  and AOS degree options known to ensure that students are aware that such
    54  options  exist.  Such  notification  may  begin  as early as the seventh

        S. 2006--B                         69                         A. 3006--B
 
     1  grade. Provided however, that such boards and BOCES shall not  take  any
     2  action  to  direct  or suggest that a student should pursue a particular
     3  degree or pathway.
     4    § 2. This act shall take effect August 1, 2015.
 
     5                                   PART Z
 
     6    Section  1. The education law is amended by adding a new section 669-g
     7  to read as follows:
     8    § 669-g. The New York state achievement and investment in merit schol-
     9  arship (NY-AIMS). 1. Purpose. The New York state achievement and invest-
    10  ment in merit  scholarship  (NY-AIMS)  is  hereby  established  for  the
    11  purpose  of  granting  merit  based scholarship awards to New York state
    12  high school graduates who achieve academic excellence.
    13    2. Eligibility. To be eligible for such awards, an applicant must have
    14  graduated from a New York state high school,  enrolled  in  an  approved
    15  undergraduate program of study in a New York state post-secondary insti-
    16  tution  beginning  in  the  two  thousand  fifteen--two thousand sixteen
    17  academic year or thereafter, and achieved at least two of the  following
    18  during high school:
    19    a. graduated with a grade point average of 3.3 or above;
    20    b.  graduated  with  a  "with  honors" distinction on a New York state
    21  regents diploma or received a score of  3  or  higher  on  two  or  more
    22  advanced placement examinations; or
    23    c.  graduated  within  the  top  fifteen  percent of their high school
    24  class, provided that actual class rank may be taken into consideration.
    25    3. Priority. a. Such awards shall be made to  eligible  applicants  in
    26  the following priority:
    27    (i)  first, to applicants who have received payment of an award pursu-
    28  ant to this section in a prior year and remain in good  academic  stand-
    29  ing; and
    30    (ii) second, to applicants in descending order based on the unmet need
    31  to  reach  the full cost of attendance as indicated on the financial aid
    32  award letter.
    33    However, in the program's first  year,  first  priority  shall  be  in
    34  accordance with subparagraph (ii) of this paragraph.
    35    b.  In  the  event  that  there  are more applicants who have the same
    36  priority than there are  remaining  scholarships,  the  president  shall
    37  distribute  the  remaining  number  of  such  scholarships by means of a
    38  lottery or other form of random selection.
    39    c. In each year, the awards made shall be proportionate to  the  total
    40  applications  received  for students accepted for undergraduate study at
    41  public and private not-for-profit degree granting institutions.
    42    4. Awards. Within amounts appropriated therefor, the  president  shall
    43  grant  an  annual  award  to  eligible applicants on a competitive basis
    44  pursuant to subdivisions two and three of this section in the amount  of
    45  five hundred dollars for not more than four academic years of undergrad-
    46  uate  study,  or  five  academic years, if the program of study normally
    47  requires five years as defined by the commissioner pursuant  to  article
    48  thirteen  of  this chapter. Up to five thousand awards may be granted to
    49  new recipients annually.
    50    5. Offset. Such awards may be used to  offset  the  applicant's  total
    51  cost of attendance determined for federal Title IV student financial aid
    52  purposes.

        S. 2006--B                         70                         A. 3006--B
 
     1    6.  Rules. The corporation is authorized to promulgate rules and regu-
     2  lations, and may promulgate emergency  regulations,  necessary  for  the
     3  implementation of the provisions of this section.
     4    §  2.  This  act shall take effect immediately, and shall be deemed to
     5  have been in full force and effect on and after April 1, 2015.
 
     6                                   PART AA
 
     7    Section 1. Section 25-a of the labor law, as added  by  section  1  of
     8  part  D of chapter 56 of the laws of 2011, subdivision (a) as amended by
     9  section 3, subdivision (c) as amended by section 4 and  subdivision  (f)
    10  as amended by section 5 of part U of chapter 59 of the laws of 2014, and
    11  subdivision  (b)  as amended by section 1 and subdivision (d) as amended
    12  by section 2 of part DD of chapter 59 of the laws of 2013, is amended to
    13  read as follows:
    14    § 25-a. Power to administer the [New York] urban youth [works]    jobs
    15  program  tax  credit  [program].   (a) The commissioner is authorized to
    16  establish and administer the [New York youth works tax  credit]  program
    17  established  under  this  section to provide tax incentives to employers
    18  for employing at risk youth in part-time and full-time positions.  There
    19  will  be  five  distinct pools of tax incentives. Program one will cover
    20  tax incentives allocated for two thousand twelve and two thousand  thir-
    21  teen.  Program  two  will cover tax incentives allocated in two thousand
    22  fourteen [to be used in two thousand fourteen  and  fifteen].    Program
    23  three will cover tax incentives allocated in two thousand fifteen [to be
    24  used  in  two thousand fifteen and sixteen]. Program four will cover tax
    25  incentives allocated in two thousand sixteen [to be used in two thousand
    26  sixteen and seventeen]. Program five will cover tax incentives allocated
    27  in two thousand seventeen [to be used  in  two  thousand  seventeen  and
    28  eighteen].  The commissioner is authorized to allocate up to twenty-five
    29  million dollars of tax credits under program one, ten million dollars of
    30  tax credits under program two, [ten] and twenty million dollars  of  tax
    31  credits  under [program] each of programs three, [ten million dollars of
    32  tax credits under program] four, [ten million  dollars  of  tax  credits
    33  under program] and five.
    34    (b)  Definitions.  (1) The term "qualified employer" means an employer
    35  that has been certified by the commissioner to participate in  the  [New
    36  York  youth works tax credit] program established under this section and
    37  that employs one or more qualified employees.
    38    (2) The term "qualified employee" means an individual:
    39    (i) who is between the age of sixteen and twenty-four;
    40    (ii) who resides in a city with a population of fifty-five thousand or
    41  more or a town with a population of  four  hundred  eighty  thousand  or
    42  more;
    43    (iii)  who is low-income or at-risk, as those terms are defined by the
    44  commissioner;
    45    (iv) who is unemployed prior to being hired by the qualified employer;
    46  and
    47    (v) who will be working for the qualified employer in a  full-time  or
    48  part-time position that pays wages that are equivalent to the wages paid
    49  for similar jobs, with appropriate adjustments for experience and train-
    50  ing,  and  for which no other employee has been terminated, or where the
    51  employer has not otherwise reduced its workforce by  involuntary  termi-
    52  nations  with  the  intention  of  filling the vacancy by creating a new
    53  hire.

        S. 2006--B                         71                         A. 3006--B
 
     1    (c) A qualified employer shall be entitled to a tax  credit  equal  to
     2  (1)  five hundred dollars per month for up to six months for each quali-
     3  fied employee the employer employs in a full-time  job  or  two  hundred
     4  fifty dollars per month for up to six months for each qualified employee
     5  the  employer  employs  in  a part-time job of at least twenty hours per
     6  week or ten hours per week when the qualified employee  is  enrolled  in
     7  high  school  full-time,  (2)  one  thousand  dollars for each qualified
     8  employee who is employed for at least an additional six  months  by  the
     9  qualified  employer  in a full-time job or five hundred dollars for each
    10  qualified employee who is employed for at least an additional six months
    11  by the qualified employer in a part-time job of at  least  twenty  hours
    12  per  week  or ten hours per week when the qualified employee is enrolled
    13  in high school full-time, and (3) an additional one thousand dollars for
    14  each qualified employee who is employed for at least an additional  year
    15  after  the  first  year  of  the  employee's employment by the qualified
    16  employer in a full-time job or five hundred dollars for  each  qualified
    17  employee who is employed for at least an additional year after the first
    18  year  of  the employee's employment by the qualified employer in a part-
    19  time job of at least twenty hours per week or ten hours  per  week  when
    20  the  qualified  employee  is  enrolled in high school full time. The tax
    21  credits shall be claimed by  the  qualified  employer  as  specified  in
    22  subdivision  [forty-four]  thirty-six of section two hundred [ten] ten-B
    23  and subsection (tt) of section six hundred six of the tax law.
    24    (d) To participate in the [New York youth works  tax  credit]  program
    25  established  under  this section, an employer must submit an application
    26  (in a form prescribed by the commissioner)  to  the  commissioner  after
    27  January first, two thousand twelve but no later than November thirtieth,
    28  two  thousand  twelve for program one, after January first, two thousand
    29  fourteen but no later than November thirtieth, two thousand fourteen for
    30  program two, after January first, two thousand fifteen but no later than
    31  November thirtieth, two thousand fifteen for program three, after  Janu-
    32  ary  first,  two  thousand sixteen but no later than November thirtieth,
    33  two thousand sixteen for program four,  and  after  January  first,  two
    34  thousand  seventeen  but  no later than November thirtieth, two thousand
    35  seventeen for program five. The qualified  employees  must  start  their
    36  employment  on  or after January first, two thousand twelve but no later
    37  than December thirty-first, two thousand twelve for program one,  on  or
    38  after  January  first,  two thousand fourteen but no later than December
    39  thirty-first, two thousand fourteen for program two, on or after January
    40  first, two thousand fifteen but no later than December thirty-first, two
    41  thousand fifteen for program three, on or after January first, two thou-
    42  sand sixteen but no  later  than  December  thirty-first,  two  thousand
    43  sixteen  for  program  four, and on or after January first, two thousand
    44  seventeen but no later than December thirty-first, two  thousand  seven-
    45  teen  for  program five. The commissioner shall establish guidelines and
    46  criteria that specify requirements for employers to participate  in  the
    47  program including criteria for certifying qualified employees. Any regu-
    48  lations that the commissioner determines are necessary may be adopted on
    49  an  emergency  basis notwithstanding anything to the contrary in section
    50  two hundred two of the state administrative procedure act. Such require-
    51  ments may include the types of industries that the employers are engaged
    52  in.  The commissioner may give preference to employers that are  engaged
    53  in  demand  occupations  or  industries,  or in regional growth sectors,
    54  including those identified by the regional  economic  development  coun-
    55  cils,  such  as  clean  energy,  healthcare,  advanced manufacturing and
    56  conservation. In addition, the commissioner  shall  give  preference  to

        S. 2006--B                         72                         A. 3006--B
 
     1  employers  who  offer  advancement  and employee benefit packages to the
     2  qualified individuals.
     3    (e)  If, after reviewing the application submitted by an employer, the
     4  commissioner determines that such employer is eligible to participate in
     5  the [New York youth works tax credit]  program  established  under  this
     6  section,  the  commissioner  shall  issue  the employer a certificate of
     7  eligibility that establishes the employer as a qualified  employer.  The
     8  certificate of eligibility shall specify the maximum amount of [New York
     9  youth works] tax credit that the employer will be allowed to claim.
    10    (f) The commissioner shall annually publish a report. Such report must
    11  contain  the names and addresses of any employer issued a certificate of
    12  eligibility under this section, and the maximum amount of New York youth
    13  works tax credit allowed to the employer as specified  on  such  certif-
    14  icate of eligibility.
    15    §  2.  The  subdivision heading and paragraph (a) of subdivision 36 of
    16  section 210-B of the tax law, as added by section 17 of part A of  chap-
    17  ter 59 of the laws of 2014, is amended to read as follows:
    18    [New York] Urban youth [works] jobs program tax credit. (a) A taxpayer
    19  that  has  been  certified  by  the commissioner of labor as a qualified
    20  employer pursuant to section twenty-five-a of the  labor  law  shall  be
    21  allowed  a  credit  against the tax imposed by this article equal to (i)
    22  five hundred dollars per month for up to six months for  each  qualified
    23  employee  the  employer  employs in a full-time job or two hundred fifty
    24  dollars per month for up to six months for each qualified  employee  the
    25  employer employs in a part-time job of at least twenty hours per week or
    26  ten  hours  per  week  when  the  qualified employee is enrolled in high
    27  school full-time, (ii) one thousand dollars for each qualified  employee
    28  who  is  employed for at least an additional six months by the qualified
    29  employer in a full-time job or five hundred dollars for  each  qualified
    30  employee  who  is  employed for at least an additional six months by the
    31  qualified employer in a part-time job of at least twenty hours per  week
    32  or  ten  hours  per week when the qualified employee is enrolled in high
    33  school full-time, and (iii) an additional one thousand dollars for  each
    34  qualified employee who is employed for at least an additional year after
    35  the first year of the employee's employment by the qualified employer in
    36  a  full-time job or five hundred dollars for each qualified employee who
    37  is employed for at least an additional year after the first year of  the
    38  employee's employment by the qualified employer in a part-time job of at
    39  least  twenty  hours  per  week or ten hours per week when the qualified
    40  employee is enrolled in high school  full-time.  For  purposes  of  this
    41  subdivision,  the  term "qualified employee" shall have the same meaning
    42  as set forth in subdivision (b) of section twenty-five-a  of  the  labor
    43  law.  The  portion  of  the credit described in subparagraph (i) of this
    44  paragraph shall be allowed for the taxable year in which the  wages  are
    45  paid  to  the  qualified  employee,  [and]  the  portion  of  the credit
    46  described in subparagraph (ii) of this paragraph shall be allowed in the
    47  taxable year in which the additional six  month  period  ends,  and  the
    48  portion  of the credit described in subparagraph (iii) of this paragraph
    49  shall be allowed in the taxable year in which the additional year  after
    50  the first year of employment ends.
    51    §  3.  The  subdivision  heading and paragraph 1 of subsection (tt) of
    52  section 606 of the tax law, the subdivision heading as added by  section
    53  3 of part D of chapter 56 of the laws of 2011 and paragraph 1 as amended
    54  by section 2 of part U of chapter 59 of the laws of 2014, are amended to
    55  read as follows:

        S. 2006--B                         73                         A. 3006--B
 
     1    [New York] Urban youth [works] jobs program tax credit.  (1) A taxpay-
     2  er  that  has been certified by the commissioner of labor as a qualified
     3  employer pursuant to section twenty-five-a of the  labor  law  shall  be
     4  allowed  a  credit  against the tax imposed by this article equal to (A)
     5  five  hundred  dollars per month for up to six months for each qualified
     6  employee the employer employs in a full-time job or  two  hundred  fifty
     7  dollars  per  month for up to six months for each qualified employee the
     8  employer employs in a part-time job of at least twenty hours per week or
     9  ten hours per week when the  qualified  employee  is  enrolled  in  high
    10  school  full-time,  and  (B)  one  thousand  dollars  for each qualified
    11  employee who is employed for at least an additional six  months  by  the
    12  qualified  employer  in a full-time job or five hundred dollars for each
    13  qualified employee who is employed for at least an additional six months
    14  by the qualified employer in a part-time job of at  least  twenty  hours
    15  per  week  or ten hours per week when the qualified employee is enrolled
    16  in high school full-time, and (C) an additional one thousand dollars for
    17  each qualified employee who is employed for at least an additional  year
    18  after  the  first  year  of  the  employee's employment by the qualified
    19  employer in a full-time job or five hundred dollars for  each  qualified
    20  employee who is employed for at least an additional year after the first
    21  year  of  the employee's employment by the qualified employer in a part-
    22  time job of at least twenty hours per week or ten hours  per  week  when
    23  the  qualified employee is enrolled in high school full-time. A taxpayer
    24  that is a partner in a partnership, member of a limited liability compa-
    25  ny or shareholder in an S corporation that has  been  certified  by  the
    26  commissioner  of labor as a qualified employer pursuant to section twen-
    27  ty-five-a of the labor law shall be allowed its pro rata  share  of  the
    28  credit  earned by the partnership, limited liability company or S corpo-
    29  ration. For purposes of this subsection, the term  "qualified  employee"
    30  shall  have  the same meaning as set forth in subdivision (b) of section
    31  twenty-five-a of the labor law. The portion of the credit  described  in
    32  subparagraph (A) of this paragraph shall be allowed for the taxable year
    33  in which the wages are paid to the qualified employee, [and] the portion
    34  of  the  credit described in subparagraph (B) of this paragraph shall be
    35  allowed in the taxable year in which the  additional  six  month  period
    36  ends,  and  the  portion  of the credit described in subparagraph (C) of
    37  this paragraph shall be allowed in the taxable year in which  the  addi-
    38  tional year after the first year of employment ends.
    39    §  4. Clause (xxxiii) of subparagraph (B) of paragraph 1 of subsection
    40  (i) of section 606 of the tax law, as amended by section 68 of part A of
    41  chapter 59 of the laws of 2014, is amended to read as follows:
 
    42  (xxxiii) [New York] Urban youth      Amount of credit under
    43  [works] jobs program                 subdivision thirty-six
    44  tax credit                           of section two hundred ten-B
 
    45    § 5. This act shall take effect immediately.
 
    46                                   PART BB
 
    47    Section 1. Subdivision (b) of section  27-1318  of  the  environmental
    48  conservation  law,  as  amended by section 2 of part E of chapter 577 of
    49  the laws of 2004, is amended to read as follows:
    50    (b) Within [sixty] one hundred eighty  days  of  commencement  of  the
    51  remedial design, the owner of an inactive hazardous waste disposal site,
    52  and/or  any  person  responsible  for implementing a remedial program at

        S. 2006--B                         74                         A. 3006--B
 
     1  such site, where institutional  or  engineering  controls  are  employed
     2  pursuant to this title, shall execute an environmental easement pursuant
     3  to title thirty-six of article seventy-one of this chapter.
     4    §  2.  Subdivision 2 of section 27-1405 of the environmental conserva-
     5  tion law, as amended by section 2 of part A of chapter 577 of  the  laws
     6  of  2004,  is amended and three new subdivisions 29, 30 and 31 are added
     7  to read as follows:
     8    2. "Brownfield site" or "site" shall  mean  any  real  property[,  the
     9  redevelopment  or  reuse  of which may be complicated by the presence or
    10  potential presence of] where a contaminant is present at levels  exceed-
    11  ing  the  soil cleanup objectives or other health-based or environmental
    12  standards, criteria or guidance  adopted  by  the  department  that  are
    13  applicable  based  on the reasonably anticipated use of the property, in
    14  accordance with applicable regulations. Such term shall not include real
    15  property:
    16    (a) listed in the registry of inactive hazardous waste disposal  sites
    17  under section 27-1305 of this article at the time of application to this
    18  program  and  given a classification as described in subparagraph one or
    19  two of paragraph b of subdivision two of section 27-1305 of  this  arti-
    20  cle;  provided,  however  [except  until July first, two thousand five],
    21  real property  listed  in  the  registry  of  inactive  hazardous  waste
    22  disposal  sites under subparagraph two of paragraph b of subdivision two
    23  of section 27-1305 of this article [prior to the effective date of  this
    24  article],  where  such  real  property  is owned by a volunteer or under
    25  contract to be transferred to a volunteer, shall not be deemed  ineligi-
    26  ble to participate, provided that, prior to the site being accepted into
    27  the  brownfield  cleanup  program, the department has not identified any
    28  responsible party for that property having the ability to  pay  for  the
    29  investigation  or  cleanup of the property and further provided that the
    30  status of any such site as listed in the registry shall not  be  altered
    31  prior to the issuance of a certificate of completion pursuant to section
    32  27-1419 of this title.  The department's assessment of eligibility under
    33  this  paragraph shall not constitute a finding concerning liability with
    34  respect to the property;
    35    (b) listed on the national priorities list established under authority
    36  of 42 U.S.C. section 9605;
    37    (c) subject to an enforcement action under title seven or nine of this
    38  article, [except] or permitted or required to be permitted as  a  treat-
    39  ment, storage or disposal facility [subject to a permit]; provided, that
    40  nothing  herein  contained shall be deemed otherwise to exclude from the
    41  scope of the term "brownfield site" a hazardous waste treatment, storage
    42  or disposal facility having  interim  status  according  to  regulations
    43  promulgated  by the commissioner and provided further that real property
    44  owned by a volunteer or under contract to be transferred to a  volunteer
    45  shall  not  be  deemed ineligible to participate provided that, prior to
    46  the site being accepted into the brownfield cleanup program, the depart-
    47  ment has not identified any responsible party for that  property  having
    48  the ability to pay for the investigation or cleanup of the property;
    49    (d)  subject to an order for cleanup pursuant to article twelve of the
    50  navigation law or pursuant to title ten of  article  seventeen  of  this
    51  chapter  except  such  property  shall not be deemed ineligible if it is
    52  subject to a stipulation agreement; or
    53    (e) subject to any  other  on-going  state  or  federal  environmental
    54  enforcement action related to the contamination which is at or emanating
    55  from the site subject to the present application.

        S. 2006--B                         75                         A. 3006--B
 
     1    29. "Affordable housing project" shall be defined in regulation by the
     2  department, after consultation with the division of housing and communi-
     3  ty  renewal, which shall at a minimum, establish the percentage of units
     4  in the project that must be below a defined percentage of the area medi-
     5  an income.
     6    30.  "Underutilized" shall be defined in regulation by the department,
     7  after consultation with the business community and the city of New York.
     8  Such regulations shall be adopted no later than October first, two thou-
     9  sand fifteen and take into consideration the existing use of a  property
    10  relative to allowable development under zoning, the need for substantial
    11  government assistance to redevelop and other relevant factors.
    12    31.  "Upside  down"  shall  mean  a  property  where the projected and
    13  incurred cost of the investigation and remediation which  is  protective
    14  for  the  anticipated use of the property equals or exceeds seventy-five
    15  percent of its independent appraised value, as of the date of submission
    16  of the application for participation in the brownfield cleanup  program,
    17  developed  under  the  hypothetical  condition  that the property is not
    18  contaminated.
    19    § 3. Subdivision 1 of section 27-1407 of the  environmental  conserva-
    20  tion  law,  as amended by section 3 of part A of chapter 577 of the laws
    21  of 2004, is amended and a new  subdivision  1-a  is  added  to  read  as
    22  follows:
    23    1.  A  person  who seeks to participate in this program shall submit a
    24  request to the department on a form provided  by  the  department.  Such
    25  form shall include information to be determined by the department suffi-
    26  cient  to allow the department to determine eligibility and the current,
    27  intended and reasonably anticipated future land use of the site pursuant
    28  to section 27-1415 of this title.   Any  such  person  shall  submit  an
    29  investigation  report  sufficient  to demonstrate that the site requires
    30  remediation in order to meet the remedial requirements of this title.
    31    1-a. If the person is also seeking a determination that  the  site  is
    32  eligible  for  the  tangible property credit component of the brownfield
    33  redevelopment tax credit pursuant to paragraph three of subdivision  (a)
    34  of section twenty-one of the tax law for a site located in a city having
    35  a  population  of one million or more, such person shall submit informa-
    36  tion sufficient to demonstrate that: (a) at least half of the site  area
    37  is  located in an environmental zone as defined in section twenty-one of
    38  the tax law; (b) the property is upside down or  underutilized;  or  (c)
    39  the  project is an affordable housing project.  An applicant may request
    40  an eligibility determination for tangible property credits at  any  time
    41  from  application  until  the  site receives a certificate of completion
    42  pursuant to section 27-1419 of  this  title  except  for  sites  seeking
    43  eligibility under the underutilized category.
    44    Sites  are  not eligible for tangible property tax credits if: (a) the
    45  contamination from ground water or soil vapor is solely  emanating  from
    46  property  other than the site subject to the present application; or (b)
    47  the department has determined that  the  property  has  previously  been
    48  remediated  pursuant to titles nine, thirteen and fourteen of this arti-
    49  cle, title five of article fifty-six of this chapter and article  twelve
    50  of  the  navigation  law  such  that  it  may  be developed for its then
    51  intended use.
    52    § 4. Subdivision 3 of section 27-1407 of the  environmental  conserva-
    53  tion  law,  as amended by section 3 of part A of chapter 577 of the laws
    54  of 2004, is amended to read as follows:
    55    3. The department shall notify the person requesting participation  in
    56  this  program within [ten] thirty days after receiving such request that

        S. 2006--B                         76                         A. 3006--B
 
     1  such request is either complete or incomplete. In the event the applica-
     2  tion is determined to be incomplete  the  department  shall  specify  in
     3  writing  the  missing  necessary  information  required pursuant to this
     4  article  to  complete  the  application  and  shall  have ten days after
     5  receipt of the missing information to issue a written  determination  if
     6  the application is complete.
     7    §  5.  Subdivision 6 of section 27-1407 of the environmental conserva-
     8  tion law, as added by section 1 of part A of chapter 1 of  the  laws  of
     9  2003, is amended to read as follows:
    10    6.  The  department shall use all best efforts to expeditiously notify
    11  the applicant within forty-five days after receiving [their  request]  a
    12  complete  application  for  participation  that  such  request is either
    13  accepted or rejected, and, for any  applicant  seeking  to  receive  the
    14  tangible  property  credit component of the brownfield redevelopment tax
    15  credit pursuant to paragraph three of subdivision (a) of  section  twen-
    16  ty-one  of  the tax law, shall concurrently notify the applicant whether
    17  the criteria for receiving such component as set  forth  in  subdivision
    18  one of this section have been met.
    19    §  6.  Subdivision 9 of section 27-1407 of the environmental conserva-
    20  tion law is amended by adding a new paragraph (g) to read as follows:
    21    (g) The person's participation  in  any  remedial  program  under  the
    22  department's  oversight  was  terminated by the department or by a court
    23  for failure to substantially comply with an agreement or order.
    24    § 7. Subdivision 2 of section 27-1409 of the  environmental  conserva-
    25  tion  law,  as amended by section 4 of part A of chapter 577 of the laws
    26  of 2004, is amended to read as follows:
    27    2. One requiring: (a) the [applicant] participant  to  pay  for  state
    28  costs,  including the recovery of state costs incurred before the effec-
    29  tive date of such agreement; provided, however, that such costs  may  be
    30  based  on  a  reasonable flat-fee for oversight, which shall reflect the
    31  projected future state costs  incurred  in  negotiating  and  overseeing
    32  implementation of such agreement; and
    33    (b)  with respect to a brownfield site which the department has deter-
    34  mined constitutes a significant threat to the public health or  environ-
    35  ment  the  department may include a provision requiring the applicant to
    36  provide a technical assistance grant, as described in  subdivision  four
    37  of  section  27-1417  of  this  title and under the conditions described
    38  therein, to an eligible party in accordance with procedures  established
    39  under  such  program, with the cost of such a grant incurred by a volun-
    40  teer serving as an offset against such state costs[.   Where the  appli-
    41  cant  is a participant, the department shall include provisions relating
    42  to recovery of state costs incurred before the effective  date  of  such
    43  agreement];
    44    §  8. Section 27-1411 of the environmental conservation law is amended
    45  by adding a new subdivision 6 to read as follows:
    46    6. An applicant shall include  with  every  report  submitted  to  the
    47  department  a  schedule  for  the submission of any subsequent work plan
    48  required to meet the requirements of this title.
    49    § 9. Paragraphs (b), (c) and (d) of subdivision 7 of  section  27-1415
    50  of the environmental conservation law are relettered paragraphs (c), (d)
    51  and (e) and a new paragraph (b) is added to read as follows:
    52    (b)  Within  one  hundred  eighty days of commencement of the remedial
    53  design or at least three months prior to the  date  of  the  anticipated
    54  issuance  of  the  certificate  of completion, the owner of a brownfield
    55  site, and/or any person responsible for implementing a remedial  program
    56  at  such  site, where institutional or engineering controls are employed

        S. 2006--B                         77                         A. 3006--B
 
     1  pursuant to this title, shall execute an environmental easement pursuant
     2  to title thirty-six of article seventy-one of this chapter.
     3    §  10. Subdivision 1, paragraph (a) of subdivision 2 and subdivision 3
     4  of section 27-1419 of the environmental conservation law, subdivision  1
     5  and  paragraph  (a)  of subdivision 2 as added by section 1 of part A of
     6  chapter 1 of the laws of 2003, subdivision 3 as amended by  chapter  390
     7  of the laws of 2008, are amended to read as follows:
     8    1.  Upon  certification by the applicant that the remediation require-
     9  ments of this title have been or will be achieved in accordance with the
    10  schedules provided in reports submitted to the department on the remedi-
    11  al work plan for the brownfield site, such applicant shall submit to the
    12  department a final engineering report prepared by an individual licensed
    13  or otherwise authorized in accordance with article  one  hundred  forty-
    14  five of the education law to practice the profession of engineering.
    15    (a)  a description of the remediation activities completed pursuant to
    16  the remedial work plan and any interim remedial measures for the  brown-
    17  field site;
    18    3.  Upon receipt of the final engineering report, the department shall
    19  review such report and the data submitted  pursuant  to  the  brownfield
    20  site cleanup agreement as well as any other relevant information regard-
    21  ing  the brownfield site. Upon satisfaction of the commissioner that the
    22  remediation requirements set forth in this title have been  or  will  be
    23  achieved  in  accordance with the timeframes, if any, established in the
    24  remedial work plan, the commissioner shall issue a  written  certificate
    25  of completion[, such]. The certificate shall include such information as
    26  determined  by the department of taxation and finance, including but not
    27  limited to the brownfield site boundaries included in  the  final  engi-
    28  neering  report,  the  date  of  the  brownfield  site cleanup agreement
    29  [pursuant to section 27-1409 of this title], and the applicable percent-
    30  ages available as of the date of the certificate of completion for  that
    31  site  for  purposes  of  section  twenty-one  of the tax law[, with such
    32  percentages to be determined as follows with respect to  such  qualified
    33  site].   For those sites for which the department has issued a notice to
    34  the applicant on or after July first, two thousand fifteen or  the  date
    35  of  publication  in  the state register of proposed regulations defining
    36  "underutilized" as provided in subdivision thirty of section 27-1405  of
    37  this title, whichever shall be later, that its request for participation
    38  has  been  accepted  under  subdivision  six  of section 27-1407 of this
    39  title, the tangible property credit component of the brownfield redevel-
    40  opment tax credit pursuant to paragraph  three  of  subdivision  (a)  of
    41  section twenty-one of the tax law shall only be available to the taxpay-
    42  er  if  the criteria for receiving such tax component have been met. For
    43  those sites for which the department has issued a notice to the taxpayer
    44  after June twenty-third, two thousand eight that its request for partic-
    45  ipation has been accepted under subdivision six of  section  27-1407  of
    46  this title[:
    47    For  the  purposes  of calculating], the applicable percentage for the
    48  site preparation credit component pursuant to paragraph two of  subdivi-
    49  sion (a) of section twenty-one of the tax law, and the on-site groundwa-
    50  ter  remediation credit component pursuant to paragraph four of subdivi-
    51  sion  (a)  of  section  twenty-one  of  the  tax  law[,  the  applicable
    52  percentage]  shall be based on the level of cleanup achieved pursuant to
    53  subdivision four of section 27-1415 of  this  title  and  the  level  of
    54  cleanup of soils to contaminant-specific soil cleanup objectives promul-
    55  gated  pursuant  to subdivision six of section 27-1415 of this title, up
    56  to a maximum of fifty percent, as follows:

        S. 2006--B                         78                         A. 3006--B
 
     1    (a) soil cleanup for unrestricted use, the protection  of  groundwater
     2  or  the  protection  of  ecological resources, the applicable percentage
     3  shall be fifty percent;
     4    (b)  soil cleanup for residential use, the applicable percentage shall
     5  be forty percent,  except  for  Track  4  which  shall  be  twenty-eight
     6  percent;
     7    (c)  soil  cleanup for commercial use, the applicable percentage shall
     8  be thirty-three percent, except for Track 4 which shall  be  twenty-five
     9  percent;
    10    (d)  soil  cleanup for industrial use, the applicable percentage shall
    11  be twenty-seven percent, except for Track 4 which  shall  be  twenty-two
    12  percent.
    13    §  11. Subdivision 5 of section 27-1419 of the environmental conserva-
    14  tion law, as amended by section 9 of part A of chapter 577 of  the  laws
    15  of 2004, is amended to read as follows:
    16    5.  A certificate of completion issued pursuant to this section may be
    17  transferred [to the applicant's successors or assigns upon  transfer  or
    18  sale  of  the  brownfield site] by the applicant or subsequent holder of
    19  the certificate of completion to a successor to a real  property  inter-
    20  est,  including  legal  title, equitable title or leasehold, in all or a
    21  part of the brownfield site for which the certificate of completion  was
    22  issued. Notwithstanding any provision of this chapter to the contrary, a
    23  certificate  of  completion  shall  not  be transferred to a responsible
    24  party. Further, a certificate of completion may be modified  or  revoked
    25  by the commissioner upon a finding that:
    26    (a)  Either  the  applicant, or the applicant's successors or assigns,
    27  has failed to comply with the terms and  conditions  of  the  brownfield
    28  site cleanup agreement;
    29    (b)  The applicant made a misrepresentation of a material fact tending
    30  to demonstrate that: (i) it was qualified as a volunteer;  or  (ii)  met
    31  the  criteria  set forth in subdivision one-a of section 27-1407 of this
    32  title for the purpose of receiving the tangible property  credit  compo-
    33  nent  of  the  brownfield redevelopment tax credit pursuant to paragraph
    34  three of subdivision (a) of section twenty-one of the tax law;
    35    (c) Either the applicant, or the applicant's  successors  or  assigns,
    36  made  a misrepresentation of a material fact tending to demonstrate that
    37  the cleanup levels identified in the brownfield site  cleanup  agreement
    38  were reached; or
    39    (d) There is good cause for such modification or revocation.
    40    §  12.  Section  27-1423  of  the  environmental  conservation  law is
    41  REPEALED.
    42    § 13. Section  27-1429  of  the  environmental  conservation  law,  as
    43  amended  by  section 13 of part A of chapter 577 of the laws of 2004, is
    44  amended to read as follows:
    45  § 27-1429. Permit waivers.
    46    The department, by and through the commissioner, shall be  exempt  for
    47  activities  conducted pursuant to subdivision five of section 27-1411 of
    48  this title and shall be authorized to exempt a person from the  require-
    49  ment  to obtain any state or local permit or other authorization for any
    50  activity needed to implement a  program  for  the  investigation  and/or
    51  remediation  of  contamination  at  or emanating from a brownfield site;
    52  provided that the activity is conducted in a manner which satisfies  all
    53  substantive technical requirements applicable to like activity conducted
    54  pursuant to a permit.
    55    §  14. Subdivision 1 of section 27-1431 of the environmental conserva-
    56  tion law is amended by adding a new paragraph c to read as follows:

        S. 2006--B                         79                         A. 3006--B
 
     1    c. to inspect for compliance with the site management plan approved by
     2  the department, including (i) inspection of the performance  of  mainte-
     3  nance,  monitoring  and  operational  activities required as part of the
     4  remedial program for the site, (ii) inspection for the purpose of ascer-
     5  taining current uses of the site, and (iii) taking samples in accordance
     6  with paragraph (a) of this subdivision.
     7    §  15.  Section  27-1435  of  the  environmental  conservation  law is
     8  REPEALED.
     9    § 15-a. The environmental conservation law is amended by adding a  new
    10  section 27-1437 to read as follows:
    11  § 27-1437. BCP-EZ program.
    12    1.  The  department  may promulgate regulations to implement a program
    13  providing for the expedited investigation and/or remediation of  contam-
    14  ination at brownfield sites (BCP-EZ program), provided that:
    15    (a) at the time of the application, the department has determined that
    16  the  brownfield  site  does  not  pose  a significant threat pursuant to
    17  section 27-1411 of this title;
    18    (b) the applicant has waived in writing  any  claim  for  tax  credits
    19  pursuant  to  section  twenty-one of the tax law on a form prescribed by
    20  the department; and
    21    (c) the activity is conducted in a manner which satisfies all require-
    22  ments applicable to like activity conducted pursuant to sections 27-1415
    23  and 27-1417 of this title, except as provided in subdivision two of this
    24  section and the time periods specified in  paragraphs  (b)  and  (c)  of
    25  subdivision three of section 27-1417 of this title.
    26    2.  For  any  site  accepted  into the BCP-EZ program pursuant to this
    27  section with a remedial work plan identifying a Track 4 remediation,  if
    28  a  contaminant  is  identified  in soil in excess of the remedial action
    29  objectives contained in an applicable generic table  developed  pursuant
    30  to  subdivision  six of section 27-1415 of this title, the applicant may
    31  use site-specific data to demonstrate to the department that the concen-
    32  tration of the contaminant in the soils reflects  background  conditions
    33  and,  in  that  case,  a  contaminant-specific action objective for such
    34  contaminant equal to such background concentration  may  be  established
    35  provided  that such objective is protective of the public health and the
    36  environment and is determined in a manner acceptable to the department.
    37    3. Upon the department's acceptance of the certification by the appli-
    38  cant that the  remediation  requirements  of  this  title,  pursuant  to
    39  section  27-1419  of  this  title, have been achieved for the brownfield
    40  site and an environmental easement, if necessary, has been  created  and
    41  filed  pursuant to title thirty-six of article seventy-one of this chap-
    42  ter, a site in the BCP-EZ program shall be eligible to receive a certif-
    43  icate of completion in accordance with section 27-1419  of  this  title;
    44  provided, however, that such certificate of completion shall not entitle
    45  the  holder to any tax credits provided by section twenty-one of the tax
    46  law.
    47    § 16. The opening paragraph of subdivision 10 of  section  71-3605  of
    48  the  environmental  conservation law, as added by section 2 of part A of
    49  chapter 1 of the laws of 2003, is amended to read as follows:
    50    An environmental easement may be enforced in  law  or  equity  by  its
    51  grantor,  by  the  state, or any affected local government as defined in
    52  section 71-3603 of this title. Such easement is enforceable against  the
    53  owner  of  the  burdened property, any lessees, and any person using the
    54  land. Enforcement shall  not  be  defeated  because  of  any  subsequent
    55  adverse  possession,  laches,  estoppel, reversion or waiver. No general
    56  law of the state which operates to defeat the enforcement of any  inter-

        S. 2006--B                         80                         A. 3006--B
 
     1  est  in  real  property  shall  operate to defeat the enforcement of any
     2  environmental easement unless such  general  law  expressly  states  the
     3  intent  to  defeat  the enforcement of such easement or provides for the
     4  exercise  of  the  power  of  eminent domain. It is not a defense in any
     5  action to enforce an environmental easement that:
     6    § 17. Paragraph 3 of subdivision (a) of section 21 of the tax law,  as
     7  amended  by  chapter  390  of  the  laws  of 2008, is amended to read as
     8  follows:
     9    (3) Tangible property credit component.
    10    (i) The tangible property credit  component  shall  be  equal  to  the
    11  applicable  percentage of the cost or other basis for federal income tax
    12  purposes of tangible personal  property  and  other  tangible  property,
    13  including  buildings  and  structural  components  of  buildings,  which
    14  constitute qualified tangible property and may include any related party
    15  service fee paid; provided[, however,] that in determining the  cost  or
    16  other basis of such property, the taxpayer shall exclude the acquisition
    17  cost  of  any item of property with respect to which a credit under this
    18  section was allowable to another taxpayer.  A related party service  fee
    19  shall be allowed only in the calculation of the tangible property credit
    20  component and shall not be allowed in the calculation of the site prepa-
    21  ration  credit  component  or the on-site groundwater remediation credit
    22  component. The portion of the tangible property credit  component  which
    23  is  attributable  to related party service fees shall be allowed only as
    24  follows: (A) in the taxable year in which the qualified tangible proper-
    25  ty described in subparagraph  (iii)  of  this  paragraph  is  placed  in
    26  service,  for  that portion of the related party service fees which have
    27  been earned and actually paid to the related party on or before the last
    28  day of such taxable year; and (B) with respect to any other taxable year
    29  for which the tangible property credit component may  be  claimed  under
    30  this  subparagraph  and  in  which  the amount of any additional related
    31  party service fees are actually paid by  the  taxpayer  to  the  related
    32  party,  the  tangible property credit component for such amount shall be
    33  allowed in such taxable year. The credit component amount so  determined
    34  shall  be  allowed for the taxable year in which such qualified tangible
    35  property is first placed in service on a qualified site with respect  to
    36  which  a  certificate  of completion has been issued to the taxpayer, or
    37  for the taxable year in which the certificate of completion is issued if
    38  the qualified tangible property is placed in service prior to the  issu-
    39  ance of the certificate of completion.  This credit component shall only
    40  be allowed for up to [ten taxable years after] one hundred twenty months
    41  after the date of the issuance of such certificate of completion.
    42    (ii)  The  tangible  property  credit  component shall be allowed with
    43  respect to property leased to a second party only if such  second  party
    44  is  either [(i)] (A) not a party responsible for the disposal of hazard-
    45  ous waste or the discharge of petroleum at the site according to  appli-
    46  cable  principles  of statutory or common law liability, or [(ii)] (B) a
    47  party responsible according to applicable  principles  of  statutory  or
    48  common law liability if such party's liability arises solely from opera-
    49  tion  of  the  site subsequent to the disposal of hazardous waste or the
    50  discharge of petroleum, and is so certified by the commissioner of envi-
    51  ronmental conservation at the  request  of  the  taxpayer,  pursuant  to
    52  section  27-1419  of the environmental conservation law. Notwithstanding
    53  any other provision of law to the contrary, in the case of allowance  of
    54  credit  under this section to such a lessor, the commissioner shall have
    55  the authority to reveal to such lessor any information, with respect  to
    56  the issue of qualified use of property by the lessee, which is the basis

        S. 2006--B                         81                         A. 3006--B
 
     1  for  the denial in whole or in part, or for the recapture, of the credit
     2  claimed by such lessor. For purposes of  the  tangible  property  credit
     3  component  allowed  under  this section the taxpayer to whom the certif-
     4  icate of completion is issued, as provided for under subdivision five of
     5  section  27-1419 of the environmental conservation law, may transfer the
     6  benefits and burdens of the certificate of completion,  which  run  with
     7  the  land  and to the applicant's successors or assigns upon transfer or
     8  sale of all or any portion of an interest or  estate  in  the  qualified
     9  site.  However,  the taxpayer to whom certificate's benefits and burdens
    10  are transferred shall not include the  cost  of  acquiring  all  or  any
    11  portion of an interest or estate in the site and the amounts included in
    12  the  cost  or  other  basis for federal income tax purposes of qualified
    13  tangible property already claimed by the previous taxpayer  pursuant  to
    14  this section.
    15    (iii) The term "related party service fee" shall mean any fee or other
    16  monetary  compensation  earned  by  a  related party and calculated as a
    17  percentage of project and/or  acquisition  costs,  in  consideration  of
    18  services  rendered  to or for the benefit of the taxpayer placing quali-
    19  fied tangible property in service in connection with the acquisition and
    20  development  of  such  property.  For  purposes  of  this  subparagraph,
    21  "related party" shall have the same meaning as related person as defined
    22  in  subparagraph  (c)  of  paragraph three of subdivision (b) of section
    23  four hundred sixty-five of the internal revenue code.
    24    (iv) Eligible costs for the tangible  property  credit  component  are
    25  limited  to  costs for tangible property that has a depreciable life for
    26  federal income tax purposes of fifteen years or more,  costs  associated
    27  with  demolition  and  excavation  on the site and the foundation of any
    28  buildings constructed as part of the site cover that  are  not  properly
    29  included  in  the  site  preparation component and costs associated with
    30  non-portable equipment, machinery and associated fixtures  and  appurte-
    31  nances  used exclusively on the site, whether or not such property has a
    32  depreciable life for federal income tax purposes  of  fifteen  years  or
    33  more.
    34    (v)  With  respect  to  any qualified site for which the department of
    35  environmental conservation has issued a notice to  the  taxpayer  on  or
    36  after July first, two thousand fifteen or the date of publication in the
    37  state  register  of  proposed  regulations  defining  "underutilized" as
    38  provided in subdivision thirty of section 27-1405 of  the  environmental
    39  conservation law, whichever shall be later, that its request for partic-
    40  ipation  has  been  accepted under subdivision six of section 27-1407 of
    41  the environmental conservation law, and the site  is  eligible  for  the
    42  tangible  property  credit component because it is an affordable housing
    43  project pursuant to subdivision one-a of section 27-1407 of the environ-
    44  mental conservation law, the portion of eligible costs to be included in
    45  the calculation of the tangible property credit component will be deter-
    46  mined by multiplying the total costs qualified for the tangible property
    47  credit component by a fraction, the numerator  of  which  shall  be  the
    48  square  footage  of  space  of the affordable housing units dedicated to
    49  residential occupancy and the denominator of which shall  be  the  total
    50  square footage of the building.
    51    § 18. Subparagraphs (A) and (B) of paragraph 3-a of subdivision (a) of
    52  section  21 of the tax law, as added by chapter 390 of the laws of 2008,
    53  are amended to read as follows:
    54    (A) Notwithstanding any other provision of law to  the  contrary,  the
    55  tangible  property  credit  component  available  for any qualified site
    56  pursuant to paragraph three of this subdivision shall not  exceed  thir-

        S. 2006--B                         82                         A. 3006--B
 
     1  ty-five  million dollars or three times the sum of the costs included in
     2  the calculation of the site preparation credit component and the on-site
     3  groundwater remediation credit component under paragraphs two and  four,
     4  respectively,  of  this  subdivision, and the costs that would have been
     5  included in the calculation of such components  if  not  treated  as  an
     6  expense and deducted pursuant to section one hundred ninety-eight of the
     7  internal  revenue code, whichever is less; provided, however, that:  (1)
     8  in the case of a qualified site to be used primarily  for  manufacturing
     9  activities,  the  tangible  property  credit component available for any
    10  qualified site pursuant to paragraph three of this subdivision shall not
    11  exceed forty-five million dollars or six times  the  sum  of  the  costs
    12  included in the calculation of the site preparation credit component and
    13  the  on-site  groundwater  remediation credit component under paragraphs
    14  two and four, respectively, of this  subdivision,  and  the  costs  that
    15  would  have  been  included in the calculation of such components if not
    16  treated as an expense and deducted pursuant to section one hundred nine-
    17  ty-eight of the internal revenue code, whichever is less;  and  (2)  the
    18  provisions  of  this paragraph shall not apply to any qualified site for
    19  which the department of environmental conservation has issued  a  notice
    20  to  the  taxpayer  before June twenty-third, two thousand eight that its
    21  request for participation has been accepted  under  subdivision  six  of
    22  section 27-1407 of the environmental conservation law.
    23    (B) For the purposes of this paragraph, the term "manufacturing activ-
    24  ities"  means  the  production  of  goods  by manufacturing, processing,
    25  assembling, refining, mining, extracting, farming,  agriculture,  horti-
    26  culture,  floriculture,  viticulture  or  commercial fishing[, and shall
    27  also include the activities of a qualified emerging  technology  company
    28  as  defined  in  paragraph  (c) of subdivision one of section thirty-one
    29  hundred two-e of the  public  authorities  law  regardless  of  the  ten
    30  million  dollar  limitation  expressed in subparagraph one of such para-
    31  graph]; provided however, that the generation and distribution of  elec-
    32  tricity,  the  distribution  of natural gas, and the production of steam
    33  associated with the generation  of  electricity,  shall  not  constitute
    34  manufacturing activities.
    35    §  19. Subparagraph (C) of paragraph 3-a of subdivision (a) of section
    36  21 of the tax law, as added by chapter 390  of  the  laws  of  2008,  is
    37  amended to read as follows:
    38    (C)  In order to properly administer the [credit] credits set forth in
    39  [paragraph three of]  this  subdivision,  the  department  may  disclose
    40  information about the calculation and the amounts of the credits claimed
    41  under  [paragraph  three  of] this subdivision on a taxpayer's return to
    42  the department of environmental conservation and other taxpayers  claim-
    43  ing  tax  credits under this section with respect to the same qualifying
    44  site.
    45    § 20. Subparagraph (D) of paragraph 3-a of subdivision (a) of  section
    46  21  of  the  tax  law,  as  added by chapter 390 of the laws of 2008, is
    47  amended to read as follows:
    48    (D) [If] With respect to any qualified site for which  the  department
    49  of environmental conservation has issued a notice to the taxpayer before
    50  July first, two thousand fifteen or the date of publication in the state
    51  register of proposed regulations defining "underutilized" as provided in
    52  subdivision  thirty of section 27-1405 of the environmental conservation
    53  law, whichever shall be later, that its request  for  participation  has
    54  been  accepted  under subdivision six of section 27-1407 of the environ-
    55  mental conservation law, or where the taxpayer has either been issued or
    56  received a certificate of completion from another taxpayer under section

        S. 2006--B                         83                         A. 3006--B
 
     1  27-1419 of the environmental conservation law  before  July  first,  two
     2  thousand  fifteen  or  the  date of publication in the state register of
     3  proposed regulations defining "underutilized" as provided in subdivision
     4  thirty  of section 27-1405 of the environmental conservation law, which-
     5  ever shall be later, if the qualifying site is located in  a  brownfield
     6  opportunity  area  and  is  developed  in conformance with the goals and
     7  priorities established for that applicable brownfield  opportunity  area
     8  as  designated pursuant to section nine hundred seventy-r of the general
     9  municipal law, the applicable percentage of the tangible property credit
    10  component will be increased by two percent.
    11    § 21. Paragraph 5 of subdivision (a) of section 21 of the tax law,  as
    12  amended  by  section  39 of part A of chapter 59 of the laws of 2014, is
    13  amended to read as follows:
    14    (5) Applicable percentage. (A) For  purposes  of  computing  the  site
    15  preparation and on-site groundwater remediation credit components pursu-
    16  ant  to  paragraphs  two[,  three]  and  four  of this subdivision, with
    17  respect to such qualified sites for which  the  department  of  environ-
    18  mental  conservation  has  issued  a  notice to the taxpayer before June
    19  twenty-third, two thousand eight that its request for participation  has
    20  been  accepted  under subdivision six of section 27-1407 of the environ-
    21  mental conservation law, or where the taxpayer has either been issued or
    22  received a certificate of completion from another taxpayer under section
    23  27-1419 of the environmental conservation law for such a site, and,  for
    24  purposes  of computing the tangible property component pursuant to para-
    25  graph three of this subdivision with respect to such qualified sites for
    26  which the department of environmental conservation has issued  a  notice
    27  to  the  taxpayer before July first, two thousand fifteen or the date of
    28  publication in the  state  register  of  proposed  regulations  defining
    29  "underutilized"  as provided in subdivision thirty of section 27-1405 of
    30  the environmental conservation law, whichever shall be later,  that  its
    31  request  for  participation  has  been accepted under subdivision six of
    32  section 27-1407 of the environmental  conservation  law,  or  where  the
    33  taxpayer  has either been issued or received a certificate of completion
    34  from another taxpayer under section 27-1419 of the environmental conser-
    35  vation law for such a site, the applicable percentage  shall  be  twelve
    36  percent  in  the  case  of credits claimed under article nine, nine-A or
    37  thirty-three of this chapter, and ten percent in  the  case  of  credits
    38  claimed  under  article twenty-two of this chapter, except that where at
    39  least fifty percent of the area of the qualified site  relating  to  the
    40  credit  provided for in this section is located in an environmental zone
    41  as defined in paragraph six of subdivision  (b)  of  this  section,  the
    42  applicable percentage shall be increased by an additional eight percent.
    43  Provided,  however,  as afforded in section 27-1419 of the environmental
    44  conservation law, if the certificate of completion  indicates  that  the
    45  qualified  site has been remediated to Track 1 as that term is described
    46  in subdivision four of section 27-1415 of the environmental conservation
    47  law, the applicable percentage set forth in the first sentence  of  this
    48  paragraph shall be increased by an additional two percent.
    49    (B)  With  respect  to such qualified site for which the department of
    50  environmental conservation has issued a notice to  the  taxpayer  on  or
    51  after July first, two thousand fifteen or the date of publication in the
    52  state  register  of  proposed  regulations  defining  "underutilized" as
    53  provided in subdivision thirty of section 27-1405 of  the  environmental
    54  conservation law, whichever shall be later, that its request for partic-
    55  ipation  has  been  accepted under subdivision six of section 27-1407 of
    56  the environmental conservation law, the applicable  percentage  for  the

        S. 2006--B                         84                         A. 3006--B
 
     1  tangible  property  credit component of the brownfield redevelopment tax
     2  credit pursuant to paragraph three of subdivision (a)  of  this  section
     3  shall  be  the  sum of ten percent and the following additional percent-
     4  ages,  provided that if the sum is greater than twenty-four percent, the
     5  total percentage of the tangible  property  credit  component  shall  be
     6  twenty-four  percent  and  is  otherwise  subject to the limitations set
     7  forth in paragraphs  three  and  three-a  of  subdivision  (a)  of  this
     8  section:
     9    (i) five percent for a site within an environmental zone;
    10    (ii)  five  percent  for a site located within a designated brownfield
    11  opportunity area and is developed in  conformance  with  the  goals  and
    12  priorities established for that applicable brownfield opportunity area;
    13    (iii)  five  percent  for  a  site developed as affordable housing, as
    14  defined in section 27-1405 of the environmental conservation law;
    15    (iv) five percent for a site to be used  primarily  for  manufacturing
    16  activities  as  such  term  is  defined in subparagraph (B) of paragraph
    17  three-a of this subdivision; and
    18    (v) five percent for sites remediated to  Track  1  as  that  term  is
    19  defined  in  subdivision  four  of  section 27-1415 of the environmental
    20  conservation law.
    21    (C) The taxpayer shall submit, in the manner prescribed by the commis-
    22  sioner, information sufficient to demonstrate that  the  site  qualifies
    23  for any credit components available under subparagraph (B) of this para-
    24  graph. If the site is receiving the credit component authorized pursuant
    25  to  clause  (ii) of subparagraph (B) of this paragraph for being located
    26  within a designated brownfield  opportunity  area,  the  taxpayer  shall
    27  submit  a certification from the secretary of state that the development
    28  is in conformance with such brownfield opportunity area plan pursuant to
    29  section nine hundred seventy-r of the general municipal law.
    30    § 22.  Clause (i) of subparagraph (B) of paragraph  3  of  subdivision
    31  (b)  of section 21 of the tax law, as amended by chapter 420 of the laws
    32  of 2006, is amended to read as follows:
    33    (i) is, or when occupied becomes, part of  a  dwelling  whose  primary
    34  ownership  structure  is covered under either article nine-B of the real
    35  property law or meets the requirements of  section  216  (b)(1)  of  the
    36  Internal  Revenue  Code  or  is part of an affordable housing project as
    37  defined in subdivision twenty-nine of section 27-1405  of  the  environ-
    38  mental  conservation law, where units are sold as single family homes or
    39  multiple family dwellings;
    40    § 23. Paragraphs 2, 4 and 6 of subdivision (b) of section  21  of  the
    41  tax law, as amended by section 1 of part H of chapter 577 of the laws of
    42  2004  and  subparagraph  (B) and the closing paragraph of paragraph 6 as
    43  amended by section 1 of part G of chapter 62 of the laws  of  2006,  are
    44  amended to read as follows:
    45    (2)  Site  preparation  costs. The term "site preparation costs" shall
    46  mean all amounts properly chargeable to a capital account,  [(i)]  which
    47  are  paid  or  incurred [in connection with a site's qualification for a
    48  certificate of completion, and (ii) all  other  site  preparation  costs
    49  paid or incurred in connection with preparing a site for the erection of
    50  a  building  or  a  component of a building, or otherwise to establish a
    51  site as usable for its industrial, commercial (including the  commercial
    52  development   of  residential  housing),  recreational  or  conservation
    53  purposes. Site preparation costs shall include, but not be  limited  to,
    54  the costs of excavation, temporary electric wiring, scaffolding, demoli-
    55  tion  costs,  and  the  costs  of fencing and security facilities.  Site
    56  preparation costs shall not include the cost of acquiring the  site  and

        S. 2006--B                         85                         A. 3006--B

     1  shall not include amounts included in the cost or other basis for feder-
     2  al  income  tax purposes of qualified tangible property, as described in
     3  paragraph three of this subdivision] which are necessary to implement  a
     4  site's investigation, remediation, or qualification for a certificate of
     5  completion,  and  shall include costs of: excavation; demolition; activ-
     6  ities undertaken under the oversight of the department of  labor  or  in
     7  accordance  with  standards  established  by the department of health to
     8  remediate and dispose of regulated materials including asbestos, lead or
     9  polychlorinated biphenyls; environmental consulting; engineering;  legal
    10  costs;  transportation,  disposal,  treatment  or containment of contam-
    11  inated soil; remediation measures taken  to  address  contaminated  soil
    12  vapor;  cover  systems  consistent with applicable regulations; physical
    13  support of excavation; dewatering and other work to facilitate or enable
    14  remediation  activities;  sheeting,  shoring,  and   other   engineering
    15  controls  required  to  prevent off-site migration of contamination from
    16  the qualified site or migrating onto the qualified site; and  the  costs
    17  of fencing, temporary electric wiring, scaffolding, and security facili-
    18  ties  until  such time as the certificate of completion has been issued.
    19  Site preparation shall include all costs paid or incurred  within  sixty
    20  months  after  the  last day of the tax year in which the certificate of
    21  completion is issued that are necessary for compliance with the  certif-
    22  icate of completion or subsequent modifications thereof, or the remedial
    23  program  defined  in  such  certificate  of completion including but not
    24  limited to institutional controls,  engineering  controls,  an  approved
    25  site  management plan, and an environmental easement with respect to the
    26  qualified site. Site preparation cost shall not  include  the  costs  of
    27  foundation  systems  that  exceed  the  cover system requirements in the
    28  regulations applicable to the qualified site.
    29    (4) On-site groundwater remediation costs. The term "on-site groundwa-
    30  ter remediation costs" shall mean all amounts properly chargeable  to  a
    31  capital  account, [(i)] which are paid or incurred [in connection with a
    32  site's qualification for a certificate of completion, and  (ii)  include
    33  costs  which  are paid or incurred in connection with the remediation of
    34  on-site groundwater contamination and incurred to implement  a  require-
    35  ment  of the remedial work plan or an interim remedial measure work plan
    36  for a qualified site which are imposed pursuant to subdivisions two  and
    37  three  of  section  27-1411 of the environmental conservation law] which
    38  are necessary to implement a site's groundwater  investigation,  remedi-
    39  ation,  or  qualification  for  a  certificate of completion not already
    40  covered under site preparation costs, and shall include costs of:  envi-
    41  ronmental  consulting;   engineering;   legal   costs;   transportation,
    42  disposal,  treatment  or containment of contaminated groundwater; sheet-
    43  ing, shoring, and other engineering controls required  to  prevent  off-
    44  site  migration  of groundwater contamination from the qualified site or
    45  migrating onto the qualified site; and the costs of  fencing,  temporary
    46  electric  wiring  and security facilities until such time as the certif-
    47  icate of completion is issued.  On-site  groundwater  remediation  costs
    48  shall  include  all costs paid or incurred within sixty months after the
    49  last day of the tax year in  which  the  certificate  of  completion  is
    50  issued  that  are  necessary  for  compliance  with  the  certificate of
    51  completion or subsequent modifications thereof, or the groundwater reme-
    52  dial program defined in such certificate of completion including but not
    53  limited to institutional controls,  engineering  controls,  an  approved
    54  site management plan specific to on-site groundwater remediation, and an
    55  environmental easement with respect to the qualified site.

        S. 2006--B                         86                         A. 3006--B
 
     1    (6) Environmental zones (EN-Zones). An "environmental zone" shall mean
     2  an area designated as such by the commissioner of [economic development]
     3  labor.    Such areas [so designated are areas which are] shall be census
     4  tracts [and block numbering areas which, as of the two thousand census,]
     5  that satisfy either of the following criteria:
     6    (A) areas that have both:
     7    (i)  a  poverty rate of at least twenty percent [for the year to which
     8  the data relate] based on the most recent five year  American  Community
     9  Survey; and
    10    (ii)  an  unemployment  rate of at least one and one-quarter times the
    11  statewide unemployment rate [for the year  to  which  the  data  relate]
    12  based on the most recent five year American Community Survey, or;
    13    (B)  areas  that have a poverty rate of at least two times the poverty
    14  rate for the county in which the areas are  located  [for  the  year  to
    15  which  the  data  relate  provided, however, that a qualified site shall
    16  only be deemed to be located in an environmental zone under this subpar-
    17  agraph (B) if such site was the subject of  a  brownfield  site  cleanup
    18  agreement  pursuant to section 27-1409 of the environmental conservation
    19  law that was entered into prior to September first,  two  thousand  ten]
    20  based on the most recent five year American Community Survey.
    21    Such  designation  shall  be made and a list of all such environmental
    22  zones shall be established by the commissioner of [economic  development
    23  no  later than December thirty-first, two thousand four provided, howev-
    24  er, that a qualified site shall only be deemed to be located in an envi-
    25  ronmental zone under subparagraph (B) of this paragraph if such site was
    26  the subject of a brownfield site cleanup agreement pursuant  to  section
    27  27-1409  of  the  environmental  conservation  law that was entered into
    28  prior to September first, two thousand ten] labor based on the two thou-
    29  sand nine through two thousand thirteen American Community Survey  esti-
    30  mate.  Upon  request  of the commissioner of environmental conservation,
    31  the commissioner of labor shall update such  designation  based  on  the
    32  most recent American Community Survey, or its successor.
    33    The  determination  of  whether  a site is located in an environmental
    34  zone shall be based on the date the department of environmental  conser-
    35  vation  issued  a  notice  to  the taxpayer that its request for partic-
    36  ipation in the brownfield  cleanup  program  has  been  deemed  complete
    37  pursuant  to  subdivision  three of section 27-1407 of the environmental
    38  conservation law.
    39    § 24. Section 171-r of the tax law is amended by adding a new subdivi-
    40  sion (e) to read as follows:
    41    (e) The commissioner, in consultation with the commissioner  of  envi-
    42  ronmental conservation, shall publish by January thirty-first, two thou-
    43  sand  sixteen  a  supplemental  brownfield  credit report containing the
    44  information required by this section about the credits claimed  for  the
    45  years two thousand five, two thousand six, and two thousand seven.
    46    § 25. Section 171-s of the tax law is REPEALED.
    47    §  26.  Paragraph  b  of subdivision 2 of section 970-r of the general
    48  municipal law, as added by section 1 of part F of chapter 1 of the  laws
    49  of 2003, is amended to read as follows:
    50    b.  Activities  eligible to receive such assistance shall include, but
    51  are not limited to, the assembly and development  of  basic  information
    52  about:
    53    (1) the borders of the proposed brownfield opportunity area;
    54    (2) the number and size of known or suspected brownfield sites;
    55    (3)  current  and  anticipated  uses of the properties in the proposed
    56  brownfield opportunity area;

        S. 2006--B                         87                         A. 3006--B
 
     1    (4) current and anticipated future conditions of  groundwater  in  the
     2  proposed brownfield opportunity area;
     3    (5) known data about the environmental conditions of the properties in
     4  the proposed brownfield opportunity area;
     5    (6) ownership of the properties in the proposed brownfield opportunity
     6  area and whether the owners are participating in the brownfield opportu-
     7  nity area planning process; and
     8    (7) preliminary descriptions of possible remediation strategies, reuse
     9  opportunities, necessary infrastructure improvements and other public or
    10  private measures needed to stimulate investment, promote revitalization,
    11  and enhance community health and environmental conditions.
    12    § 27. Subparagraphs 2 and 5 of paragraph c of subdivision 2 of section
    13  970-r  of  the general municipal law, as added by section 1 of part F of
    14  chapter 1 of the laws of 2003, are amended to read as follows:
    15    (2) areas with concentrations of known or suspected brownfield sites;
    16    (5) areas with known or suspected brownfield sites presenting  strate-
    17  gic opportunities to stimulate economic development, community revitali-
    18  zation or the siting of public amenities.
    19    §  28.  Paragraph  a  of subdivision 3 of section 970-r of the general
    20  municipal law, as amended by chapter 390 of the laws of 2008, is amended
    21  to read as follows:
    22    a. Within the limits of  appropriations  therefor,  the  secretary  is
    23  authorized  to  provide, on a competitive basis, financial assistance to
    24  municipalities, to community based organizations, to  community  boards,
    25  or to municipalities and community based organizations acting in cooper-
    26  ation  to  prepare a nomination for designation of a brownfield opportu-
    27  nity area. Such financial assistance shall not exceed ninety percent  of
    28  the costs of such nomination for any such area.  A nomination study must
    29  include  sufficient  information to designate the brownfield opportunity
    30  area. The contents of the nomination study shall be developed  based  on
    31  pre-nomination  study information, which shall principally consist of an
    32  area-wide study, documenting the historic brownfield uses  in  the  area
    33  proposed for designation.
    34    § 29. Subparagraphs 2 and 5 of paragraph e of subdivision 3 and subdi-
    35  vision  4 of section 970-r of the general municipal law, subparagraphs 2
    36  and 5 of paragraph e of subdivision 3 as added by section 1 of part F of
    37  chapter 1 of the laws of 2003 and subdivision 4 as  amended  by  chapter
    38  390 of the laws of 2008, are amended to read as follows:
    39    (2) areas with concentrations of known or suspected brownfield sites;
    40    (5)  areas with known or suspected brownfield sites presenting strate-
    41  gic opportunities to stimulate economic development, community revitali-
    42  zation or the siting of public amenities.
    43    4. Designation of brownfield opportunity area. Upon  completion  of  a
    44  nomination for designation of a brownfield opportunity area, it shall be
    45  forwarded by the applicant to the secretary, who shall determine whether
    46  it is consistent with the provisions of this section.  The secretary may
    47  review and approve a nomination for designation of a brownfield opportu-
    48  nity  area  at any time. If the secretary determines that the nomination
    49  is consistent with the provisions of this section, the brownfield oppor-
    50  tunity area shall be designated. If the secretary  determines  that  the
    51  nomination  is  not  consistent with the provisions of this section, the
    52  secretary shall make recommendations in writing to the applicant of  the
    53  manner and nature in which the nomination should be amended.
    54    § 30. Paragraph a and subparagraphs 2 and 5 of paragraph e of subdivi-
    55  sion  6  of  section  970-r of the general municipal law, paragraph a as
    56  amended by chapter 386 of the laws of 2007 and subparagraphs 2 and 5  of

        S. 2006--B                         88                         A. 3006--B
 
     1  paragraph  e as added by section 1 of part F of chapter 1 of the laws of
     2  2003, are amended to read as follows:
     3    a. Within the limits of appropriations therefor, [the commissioner, in
     4  consultation  with] the secretary of state, is authorized to provide, on
     5  a competitive basis, financial assistance to municipalities, to communi-
     6  ty based organizations, to community boards, or  to  municipalities  and
     7  community  based  organizations  acting in cooperation to conduct brown-
     8  field site assessments [in  a  brownfield  opportunity  area  designated
     9  pursuant  to  this  section]. Such financial assistance shall not exceed
    10  ninety percent of the costs of such brownfield site assessment.
    11    (2) areas with concentrations of known or suspected brownfield sites;
    12    (5) areas with known or suspected brownfield sites presenting  strate-
    13  gic opportunities to stimulate economic development, community revitali-
    14  zation or the siting of public amenities.
    15    §  31. Section 970-r of the general municipal law is amended by adding
    16  a new subdivision 10 to read as follows:
    17    10. The secretary shall establish criteria for brownfield  opportunity
    18  area  conformance determinations for purposes of the brownfield redevel-
    19  opment tax credit component pursuant to clause (ii) of subparagraph  (B)
    20  of  paragraph  (5)  of  subdivision (a) of section twenty-one of the tax
    21  law. In establishing criteria, the secretary shall be guided by, but not
    22  limited to, the following  considerations:  how  the  proposed  use  and
    23  development  advances  the designated brownfield opportunity area plan's
    24  vision statement, goals  and  objectives  for  revitalization;  how  the
    25  density  of development and associated buildings and structures advances
    26  the plan's objectives, desired redevelopment and priorities for  invest-
    27  ment;  and how the project complies with zoning and other local laws and
    28  standards to guide and ensure appropriate use of the project site.
    29    § 32. Section 31 of part H of chapter 1 of the laws of 2003,  amending
    30  the tax law relating to brownfield redevelopment tax credits, remediated
    31  brownfield  credit for real property taxes for qualified sites and envi-
    32  ronmental remediation insurance credits, as amended by  chapter  474  of
    33  the laws of 2012, is amended to read as follows:
    34    §  31. The tax credits allowed under section [21,] 22 or 23 of the tax
    35  law and the corresponding provisions in articles 9, 9-A, 22[, 32] and 33
    36  of the tax law, as added by the provisions of sections one through twen-
    37  ty-nine of this act, shall not be applicable [if] to any  site  accepted
    38  into  the  brownfield  cleanup  program on and after July 1, 2015 or the
    39  date of publication in the state register of proposed regulations defin-
    40  ing "underutilized" as provided in subdivision 30 of section 27-1405  of
    41  the  environmental  conservation law, whichever shall be later.  The tax
    42  credits allowed under section 21 of the tax law  and  the  corresponding
    43  provisions in articles 9, 9-A, 22 and 33 of the tax law, as added by the
    44  provisions of sections one through twenty-nine of this act, shall not be
    45  applicable  to  any  site  accepted  into the brownfield cleanup program
    46  after December 31, 2022, provided, however that any sites accepted on or
    47  before December 31, 2022 must have received  the  [remediation]  certif-
    48  icate  of  completion  required  to  qualify for any of such credits [is
    49  issued after December] on or before March 31, [2015] 2026.
    50    § 33.  Notwithstanding any other provision of this act, any  site  for
    51  which  a  brownfield  cleanup  agreement with the department of environ-
    52  mental conservation was entered into (1) prior  to  June  23,  2008  and
    53  which  has not received a certificate of completion by December 31, 2017
    54  or (2) on or after June 23, 2008 and prior to July 1, 2015 or  the  date
    55  of  publication  in  the state register of proposed regulations defining
    56  "underutilized" as provided in subdivision 30 of section 27-1405 of  the

        S. 2006--B                         89                         A. 3006--B
 
     1  environmental  conservation law, whichever shall be later, and which has
     2  not received a certificate of completion by  December  31,  2019,  shall
     3  only  be  eligible  for  brownfield  redevelopment tax credits available
     4  pursuant  to  section 21 of the tax law as if the site was accepted into
     5  the brownfield cleanup program on and after July 1, 2015 or the date  of
     6  publication  in  the  state  register  of  proposed regulations defining
     7  "underutilized" as provided in subdivision 30 of section 27-1405 of  the
     8  environmental  conservation  law, whichever shall be later, and shall be
     9  subject to the eligibility requirements for the tangible property credit
    10  component set forth in subdivision 1-a of section 27-1407 of  the  envi-
    11  ronmental conservation law.
    12    §  34. Paragraph c of subdivision 3 of section 27-0923 of the environ-
    13  mental conservation law, as amended by section 5 of part  I  of  chapter
    14  577 of the laws of 2004, is amended to read as follows:
    15    c.  For  the  purpose  of  this section, generation of hazardous waste
    16  shall not include retrieval or creation of hazardous waste which must be
    17  disposed of under an order of or agreement with the department  pursuant
    18  to  title thirteen or title fourteen of this article or under a contract
    19  with the department pursuant to title five of article fifty-six of  this
    20  chapter  or  under an order of or agreement with the United States envi-
    21  ronmental protection agency or an order of a court of  competent  juris-
    22  diction,  related  to a facility addressed pursuant to the Comprehensive
    23  Environmental Response, Compensation and Liability Act (42  U.S.C.  9601
    24  et  seq.)  or  under  a  written agreement with a municipality which has
    25  entered into a memorandum of agreement with the  department  related  to
    26  the  remediation  of  brownfield  sites as of August fifth, two thousand
    27  ten.
    28    § 35. Subparagraphs (i) and (vi) of paragraph d of  subdivision  1  of
    29  section  72-0402  of  the  environmental conservation law, as amended by
    30  chapter 99 of the laws of 2010, are amended to read as follows:
    31    (i) under a contract with the department,  or  with  the  department's
    32  written  approval  and  in  compliance  with  department regulations, or
    33  pursuant to an order of the department, the United States  environmental
    34  protection  agency  or a court of competent jurisdiction, related to the
    35  cleanup or remediation of  a  hazardous  materials  or  hazardous  waste
    36  spill, discharge, or surficial cleanup, pursuant to this chapter; or
    37    (vi)  under  a  brownfield  site cleanup agreement with the department
    38  pursuant to section 27-1409 of this chapter or under a written agreement
    39  with a municipality which has entered into  a  memorandum  of  agreement
    40  with the department related to the remediation of brownfield sites as of
    41  August fifth, two thousand ten; or
    42    §  36. Section 56-0501 of the environmental conservation law, as added
    43  by chapter 413 of the laws of 1996, is amended to read as follows:
    44  § 56-0501. Allocation of moneys.
    45    1. Of the moneys received by the state from the sale of bonds pursuant
    46  to the Clean Water/Clean Air Bond  Act  of  1996,  two  hundred  million
    47  dollars ($200,000,000) shall be available for disbursements for environ-
    48  mental restoration projects.
    49    2.  Beginning  in state fiscal year two thousand fifteen--two thousand
    50  sixteen, environmental restoration projects  may  be  funded  using  the
    51  proceeds   of   bonds   issued   pursuant   to  section  twelve  hundred
    52  eighty-five-q of the public authorities law provided  that  funding  for
    53  such  projects  shall conform to the limitations provided in subdivision
    54  one of such section.

        S. 2006--B                         90                         A. 3006--B
 
     1    § 37. Subdivision 6 of section 56-0502 of the environmental  conserva-
     2  tion  law,  as amended by section 2 of part D of chapter 577 of the laws
     3  of 2004, is amended to read as follows:
     4    6.  "State  assistance", for purposes of this title, shall mean in the
     5  case of a contract authorized by subdivision one of section  56-0503  of
     6  this  title,  payments  made  to a municipality to reimburse the munici-
     7  pality for the state share of the costs incurred by the municipality  to
     8  undertake an environmental restoration project or in the case of a writ-
     9  ten agreement authorized by subdivision three of section 56-0503 of this
    10  title,  costs incurred by the state to undertake an environmental resto-
    11  ration project but not reimbursed by a municipality.
    12    § 38. Paragraph (c) of subdivision 2 of section 56-0503 of  the  envi-
    13  ronmental conservation law, as amended by section 4 of part D of chapter
    14  1  of  the  laws of 2003, is amended and a new subdivision 3 is added to
    15  read as follows:
    16    (c) A provision that the municipality shall assist  in  identifying  a
    17  responsible  party  by  searching  local records, including property tax
    18  rolls, or document reviews, and if,  in  accordance  with  the  required
    19  departmental  approval  of  any settlement with a responsible party, any
    20  responsible party payments become available to the municipality, before,
    21  during or after the completion of an environmental restoration  project,
    22  which  were not included when the state share was calculated pursuant to
    23  this section, the state assistance share shall be recalculated, and  the
    24  municipality  shall pay to the state, for deposit into the environmental
    25  restoration project account of the hazardous waste remedial fund  estab-
    26  lished  under  section  ninety-seven-b  of  the  state  finance law, the
    27  difference between the original state assistance payment and the  recal-
    28  culated state share. Recalculation of the state share shall be done each
    29  time a payment from a responsible party is received by the municipality;
    30    3.  The  department may undertake an environmental restoration project
    31  on behalf of a municipality upon request. If the  department  undertakes
    32  the  project on behalf of the municipality, the state shall enter into a
    33  written agreement with the municipality and the agreement shall  require
    34  the  municipality  to  periodically  provide  its share to the state for
    35  costs incurred during the progress of such project.  The  municipality's
    36  share  shall  be  the same as would be required under subdivision one of
    37  this section. The agreement shall include all  provisions  specified  in
    38  subdivision two of this section as appropriate.
    39    §  39. Subdivision 4 of section 56-0505 of the environmental conserva-
    40  tion law, as amended by section 5 of part D of chapter 1 of the laws  of
    41  2003, is amended to read as follows:
    42    4.  After  completion  of  such  project, the municipality may use the
    43  property for public purposes or may dispose of it. If  the  municipality
    44  shall  dispose  of  such  property  by sale to a responsible party, such
    45  party shall pay to such municipality, in addition to such other  consid-
    46  eration,  an amount of money constituting the amount of state assistance
    47  provided [to the municipality] under this title  plus  accrued  interest
    48  and transaction costs and the municipality shall deposit that money into
    49  the  environmental  restoration  project  account of the hazardous waste
    50  remedial fund established under  section  ninety-seven-b  of  the  state
    51  finance law.
    52    §  40.  Subdivisions  3  and 4 of section 56-0508 of the environmental
    53  conservation law, as added by section 7 of part D of chapter  1  of  the
    54  laws of 2003, are amended to read as follows:
    55    3. such temporary incidents of ownership by such taxing district shall
    56  also qualify it as being the owner of such property [for the purposes of

        S. 2006--B                         91                         A. 3006--B

     1  obtaining]  to  be  eligible  for funding from the state of New York for
     2  such environmental restoration investigation project under this  article
     3  or  for such funding from any source pursuant to any other state, feder-
     4  al,  or  local  law, but such incidents of ownership shall not be suffi-
     5  cient to qualify it as the owner of such property for  the  purposes  of
     6  holding it wholly or partially liable for any damages, past, present, or
     7  future from any release of any hazardous material, substance, or contam-
     8  inant  into the air, ground, or water, unless such release was caused by
     9  such taxing district.
    10    4. within thirty days of the completion of the environmental  restora-
    11  tion investigation project and the receipt by the taxing jurisdiction of
    12  the  final  report of such investigation, such taxing jurisdiction shall
    13  file such report with the court on notice to the  court  and  all  other
    14  parties  of  record,  and  the  stay  of the foreclosure shall be lifted
    15  (unless lifted earlier by a prior court order),  and  all  incidents  of
    16  temporary  ownership  of  the  taxing jurisdiction that was awarded such
    17  taxing district, except any right [to receive funding] for the  environ-
    18  mental  restoration  investigation  project to be funded, shall cease to
    19  exist, and nothing in this subdivision shall preclude the taxing  juris-
    20  diction  that  conducted  the  environmental  restoration  investigation
    21  project or  the  taxing  jurisdiction  that  commenced  the  foreclosure
    22  action,  if it is a different taxing jurisdiction than the taxing juris-
    23  diction which conducted the investigation, from withdrawing  the  parcel
    24  from  foreclosure pursuant to section eleven hundred thirty-eight of the
    25  real property tax law.
    26    § 40-a. The opening paragraph and subparagraph (i) of paragraph (a) of
    27  subdivision 1 of section 56-0509 of the environmental conservation  law,
    28  as  amended  by  section 4 of part D of chapter 577 of the laws of 2004,
    29  are amended to read as follows:
    30    Notwithstanding any other provision of law and except as  provided  in
    31  subdivision  two of this section and in paragraph (h) of subdivision two
    32  of section 56-0503 of this title, the following shall not be  liable  to
    33  the  state  upon  any statutory or common law cause of action, or to any
    34  person upon any statutory cause of action arising out of the presence of
    35  any contamination in or on property at any  time  before  the  effective
    36  date of a contract entered into pursuant to this title or written agree-
    37  ment pursuant to subdivision three of section 56-0503 of this title:
    38    (i)  a  municipality  receiving  state  assistance under this title to
    39  undertake, or under written agreement pursuant to subdivision  three  of
    40  section  56-0503  of  this  title for the state to undertake an environ-
    41  mental restoration project and complying with the terms  and  conditions
    42  of  the  contract  or written agreement pursuant to subdivision three of
    43  section 56-0503 of this title providing such assistance; and
    44    § 41. Paragraph (f) of subdivision 3 of  section  97-b  of  the  state
    45  finance  law, as amended by section 4 of part I of chapter 1 of the laws
    46  of 2003, is amended to read as follows:
    47    (f) to undertake such remedial measures as the department of  environ-
    48  mental  conservation may determine necessary due to environmental condi-
    49  tions related to the property subject to an agreement to  provide  state
    50  assistance  or  contract  under  title  five of article fifty-six of the
    51  environmental conservation law that were unknown to such  department  at
    52  the  time  of its approval of such agreement or contract which indicates
    53  that conditions on such property  are  not  sufficiently  protective  of
    54  human  health  for its reasonably anticipated uses or due to information
    55  received, in whole or in part, after such department's approval of  such
    56  agreement's  final engineering report and certification, which indicates

        S. 2006--B                         92                         A. 3006--B
 
     1  that such agreement's remedial activities are not  sufficiently  protec-
     2  tive  of  human  health for such property's reasonably anticipated uses;
     3  and, [respecting the monies in  the  environmental  restoration  project
     4  account  in  excess of ten million dollars,] shall provide state assist-
     5  ance under title five of article fifty-six of the environmental  conser-
     6  vation law;
     7    §  42.  Notwithstanding  the  provisions of subdivision 1-a of section
     8  27-1407 of the environmental conservation law, a site which is  accepted
     9  into the brownfield cleanup program after the effective date of this act
    10  and  prior  to  the  adoption of regulations defining "underutilized" as
    11  provided in subdivision 30  of  section  27-1405  of  the  environmental
    12  conservation  law may, within ninety days following the adoption of such
    13  regulations, request an eligibility determination to receive the  tangi-
    14  ble  property  credit  component  of the brownfield redevelopment credit
    15  pursuant to section 21 of the tax law.
    16    § 43. Subdivisions 1 and 3 of section 1285-q of the public authorities
    17  law, as added by section 6 of part I of chapter 1 of the laws  of  2003,
    18  are amended to read as follows:
    19    1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
    20  notwithstanding any other provisions of law to the contrary, in order to
    21  assist the corporation in undertaking the administration and the financ-
    22  ing of hazardous waste site remediation  projects  for  payment  of  the
    23  state's  share of the costs of the remediation of hazardous waste sites,
    24  in accordance with title thirteen of article twenty-seven of  the  envi-
    25  ronmental  conservation  law  and  section  ninety-seven-b  of the state
    26  finance law, and for payment of state costs associated with the  remedi-
    27  ation  of  offsite contamination at significant threat sites as provided
    28  in section 27-1411 of the environmental conservation law, and  beginning
    29  in  state  fiscal  year  two thousand fifteen - two thousand sixteen for
    30  environmental restoration projects pursuant to  title  five  of  article
    31  fifty-six  of  the  environmental conservation law provided that funding
    32  for such projects shall not exceed ten percent of the funding  appropri-
    33  ated  for  the  purposes  of  financing hazardous waste site remediation
    34  projects, pursuant to title thirteen  of  article  twenty-seven  of  the
    35  environmental  conservation  law  in  any  state fiscal year pursuant to
    36  capital appropriations made to the department of environmental conserva-
    37  tion, the director of the division of budget  and  the  corporation  are
    38  each  authorized  to  enter  into one or more service contracts, none of
    39  which shall exceed twenty years in duration, upon such terms and  condi-
    40  tions  as  the director and the corporation may agree, so as to annually
    41  provide to the corporation in the aggregate, a sum  not  to  exceed  the
    42  annual debt service payments and related expenses required for any bonds
    43  and  notes  authorized pursuant to section twelve hundred ninety of this
    44  title. Any service contract entered into pursuant to this section  shall
    45  provide  that  the obligation of the state to fund or to pay the amounts
    46  therein provided for shall not constitute a debt of the state within the
    47  meaning of any constitutional or statutory provision and shall be deemed
    48  executory only to the extent of  moneys  available  for  such  purposes,
    49  subject  to  annual  appropriation  by the legislature. Any such service
    50  contract or any payments made or to be made thereunder may  be  assigned
    51  and  pledged  by the corporation as security for its bonds and notes, as
    52  authorized pursuant to section twelve hundred ninety of this title.
    53    3. The maximum amount of bonds that may be issued for the  purpose  of
    54  financing  hazardous  waste  site remediation projects and environmental
    55  restoration projects authorized by this section shall not  exceed  [one]
    56  two billion two hundred million dollars and shall not exceed one hundred

        S. 2006--B                         93                         A. 3006--B
 
     1  [twenty] million dollars for appropriations enacted for any state fiscal
     2  year,  provided that the bonds not issued for such appropriations may be
     3  issued pursuant to reappropriation in subsequent fiscal years. No  bonds
     4  shall be issued for the repayment of any new appropriation enacted after
     5  March  thirty-first,  two  thousand  [thirteen] twenty-six for hazardous
     6  waste site remediation projects  authorized  by  this  section.  Amounts
     7  authorized  to  be  issued  by  this section shall be exclusive of bonds
     8  issued to fund any debt service reserve funds, pay costs of issuance  of
     9  such bonds, and bonds or notes issued to refund or otherwise repay bonds
    10  or  notes  previously  issued.  Such  bonds and notes of the corporation
    11  shall not be a debt of the state, and the  state  shall  not  be  liable
    12  thereon,  nor  shall  they  be payable out of any funds other than those
    13  appropriated by this state to  the  corporation  for  debt  service  and
    14  related  expenses pursuant to any service contracts executed pursuant to
    15  subdivision one of this section, and such bonds and notes shall  contain
    16  on the face thereof a statement to such effect.
    17    §  44.  Severability. If any clause, sentence, paragraph, subdivision,
    18  section or part of this act shall be adjudged by any court of  competent
    19  jurisdiction  to  be  invalid, such judgment shall not affect, impair or
    20  invalidate the remainder thereof, but shall be confined in its operation
    21  to the clause, sentence, paragraph, subdivision, section or part thereof
    22  directly involved in the controversy in which such judgment  shall  have
    23  been rendered. It is hereby declared to be the intent of the legislature
    24  that  this  act  would have been enacted even if such invalid provisions
    25  had not been included herein.
    26    § 45. This act shall take effect July 1, 2015 or on the date of publi-
    27  cation in the state register of proposed regulations defining "underuti-
    28  lized" as provided in subdivision 30 of section 27-1405 of the  environ-
    29  mental  conservation  law,  whichever shall be later; provided, however,
    30  that:
    31    a. the commissioner of environmental  conservation  shall  notify  the
    32  legislative  bill  drafting commission of the date of publication in the
    33  state register of such proposed regulations in order that the commission
    34  may maintain an accurate and timely effective data base of the  official
    35  text  of  the  laws of the state of New York in furtherance of effecting
    36  provisions of section 44 of the legislative law and section 70-b of  the
    37  public officers law;
    38    b.  the  amendments to section 970-r of the general municipal law made
    39  by sections twenty-six, twenty-seven, twenty-eight, twenty-nine,  thirty
    40  and thirty-one of this act; section 27-0923 of the environmental conser-
    41  vation  law  made by section thirty-four of this act; section 72-0402 of
    42  the environmental conservation law made by section thirty-five  of  this
    43  act;  section  56-0501  of  the  environmental  conservation law made by
    44  section thirty-six of this act; section  56-0502  of  the  environmental
    45  conservation  law  made  by  section  thirty-seven  of this act; section
    46  56-0503 of the environmental conservation law made  by  section  thirty-
    47  eight of this act; section 56-0505 of the environmental conservation law
    48  made by section thirty-nine of this act; section 56-0508 of the environ-
    49  mental  conservation  law  made  by  section  forty of this act; section
    50  56-0509 of the environmental conservation  law  as  amended  by  section
    51  forty-a  of  this  act;  section  97-b  of the state finance law made by
    52  section forty-one of this act; and section 1285-q of the public authori-
    53  ties law made by section forty-three of this act shall take effect imme-
    54  diately;
    55    c. the department  of  environmental  conservation  shall  not  charge
    56  volunteers in the brownfield cleanup program for oversight costs for any

        S. 2006--B                         94                         A. 3006--B
 
     1  sites  in  the  program  incurred  on or after July 1, 2015 or after the
     2  publication in the  state  register  of  proposed  regulations  defining
     3  "underutilized"  as provided in subdivision 30 of section 27-1405 of the
     4  environmental conservation law, whichever shall be later;
     5    d.  the  amendments  made  by  section two of this act relating to the
     6  definition of brownfield site,  and  all  amendments  made  by  sections
     7  seventeen,  eighteen,  nineteen,  twenty, twenty-one and twenty-three of
     8  this act shall apply only to sites for which the department of  environ-
     9  mental  conservation  has  issued  a notice to the applicant on or after
    10  July 1, 2015 or after the publication in the state register of  proposed
    11  regulations  defining  "underutilized"  as provided in subdivision 30 of
    12  section 27-1405 of the environmental conservation law,  whichever  shall
    13  be  later,  that  its  request for participation has been accepted under
    14  subdivision 6 of section 27-1407 of the environmental  conservation  law
    15  subject to the provisions of section thirty-three of this act; and
    16    e.  the  department  of  labor shall update the environmental zones as
    17  required by section twenty-four of this act within ninety days  of  this
    18  act becoming law; and
    19    f.  the  department of environmental conservation shall publish in the
    20  state  register  proposed  regulations  defining   "affordable   housing
    21  project"  as  provided in subdivision 29 of section 27-1405 of the envi-
    22  ronmental conservation law, on or before June 8, 2015.
 
    23                                   PART CC
 
    24    Section 1. Subparagraphs (a), (b) and (c) of paragraph 8 and paragraph
    25  13 of subdivision 3 of section 73-a of the public officers law, subpara-
    26  graphs (a), (b) and (c) of paragraph 8  as  amended  by  section  37  of
    27  subpart  A  of part H of chapter 55 of the laws of 2014 and paragraph 13
    28  as amended by section 5 of part A of chapter 399 of the  laws  of  2011,
    29  are amended to read as follows:
    30    (a)  If  the  reporting  individual  practices law, is licensed by the
    31  department of state as a real estate broker  or  agent  or  practices  a
    32  profession licensed by the department of education, or works as a member
    33  or  employee of a firm required to register pursuant to section one-e of
    34  the legislative law  as  a  lobbyist,  [give  a  general]  describe  the
    35  services  rendered  for  which compensation was paid including a general
    36  description of the principal subject areas of matters undertaken by such
    37  individual and principal duties performed.   Specifically state  whether
    38  the  reporting  individual provides services directly to clients.  Addi-
    39  tionally, if such an individual practices with a firm or corporation and
    40  is a partner or shareholder of the firm or corporation, give  a  general
    41  description  of  principal  subject  areas of matters undertaken by such
    42  firm or corporation.
 
    43      ____________________________________________________________________
    44      ____________________________________________________________________
    45      ____________________________________________________________________
    46      ____________________________________________________________________
    47      ____________________________________________________________________
 
    48    (b) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
    49  PROVIDED ON OR AFTER JULY FIRST, TWO THOUSAND TWELVE AND BEFORE DECEMBER
    50  THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN,  OR  FOR NEW MATTERS FOR EXISTING
    51  CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON

        S. 2006--B                         95                         A. 3006--B
 
     1  OR  AFTER  JULY  FIRST,  TWO  THOUSAND  TWELVE   AND   BEFORE   DECEMBER
     2  THIRTY-FIRST, TWO THOUSAND FIFTEEN:
     3    If the reporting individual personally provides services to any person
     4  or  entity,  or works as a member or employee of a partnership or corpo-
     5  ration that  provides  such  services  (referred  to  hereinafter  as  a
     6  "firm"),  then  identify  each  client or customer to whom the reporting
     7  individual personally provided services, or who was referred to the firm
     8  by the reporting individual, and from whom the reporting  individual  or
     9  his  or  her  firm earned fees in excess of $10,000 during the reporting
    10  period for such services rendered in direct connection with:
    11    (i) [A proposed bill or resolution in the senate  or  assembly  during
    12  the reporting period;
    13    (ii)]  A contract in an amount totaling $50,000 or more from the state
    14  or any state agency for services, materials, or property;
    15    [(iii)] (ii) A grant of $25,000 or more from the state  or  any  state
    16  agency during the reporting period;
    17    [(iv)]  (iii) A grant obtained through a legislative initiative during
    18  the reporting period; or
    19    [(v)] (iv) A case, proceeding, application or other matter that is not
    20  a ministerial matter before a state agency during the reporting period.
    21    For purposes of this question, "referred  to  the  firm"  shall  mean:
    22  having  intentionally  and  knowingly  taken a specific act or series of
    23  acts to intentionally procure for the  reporting  individual's  firm  or
    24  knowingly  solicit or direct to the reporting individual's firm in whole
    25  or substantial part, a person or entity that becomes a  client  of  that
    26  firm  for  the  purposes  of  representation  for a matter as defined in
    27  subparagraphs (i) through [(v)] (iv) of this paragraph, as the result of
    28  such procurement, solicitation or direction of the reporting individual.
    29  A reporting individual need  not  disclose  activities  performed  while
    30  lawfully acting pursuant to paragraphs (c), (d), (e) and (f) of subdivi-
    31  sion seven of section seventy-three of this article.
    32    The  disclosure requirement in this question shall not require disclo-
    33  sure of clients or  customers  receiving  medical  or  dental  services,
    34  mental  health  services, residential real estate brokering services, or
    35  insurance brokering services from the reporting individual or his or her
    36  firm. The reporting individual need not identify any client to  whom  he
    37  or  she or his or her firm provided legal representation with respect to
    38  investigation or prosecution by law enforcement authorities, bankruptcy,
    39  or domestic relations matters. With respect to  clients  represented  in
    40  other  matters,  where  disclosure  of  a client's identity is likely to
    41  cause harm, the reporting individual shall request an exemption from the
    42  joint commission pursuant  to  paragraph  (i)  of  subdivision  nine  of
    43  section  ninety-four  of  the  executive law[. Only], provided, however,
    44  that a reporting individual who first enters public  office  after  July
    45  first,  two  thousand  twelve, need not report clients or customers with
    46  respect to matters for which the reporting individual or his or her firm
    47  was retained prior to entering public office.
    48  Client                                    Nature of Services Provided
    49  ________________________________________________________________________
    50  ________________________________________________________________________
    51  ________________________________________________________________________
    52  ________________________________________________________________________
    53  ________________________________________________________________________
 
    54    (c) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES  ARE
    55  PROVIDED ON OR AFTER [JANUARY FIRST] DECEMBER THIRTY-FIRST, TWO THOUSAND

        S. 2006--B                         96                         A. 3006--B
 
     1  FIFTEEN,  OR  FOR  NEW  MATTERS  FOR  EXISTING CLIENTS OR CUSTOMERS WITH
     2  RESPECT TO THOSE SERVICES THAT ARE PROVIDED ON OR AFTER [JANUARY  FIRST]
     3  DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN:
     4    If  the  reporting  individual receives income of [fifty] ten thousand
     5  dollars or greater from any  employment  or  activity  reportable  under
     6  question  8(a),  identify  each  registered  lobbyist  who  has directly
     7  referred to such individual a client who was  successfully  referred  to
     8  the reporting individual's business and from whom the reporting individ-
     9  ual or firm received a fee for services in excess of [ten] five thousand
    10  dollars. Report only [these] those referrals that were made to a report-
    11  ing  individual  by  direct  communication  from  a person known to such
    12  reporting individual to be a registered lobbyist at the time the  refer-
    13  ral  is made. With respect to each such referral, the reporting individ-
    14  ual shall identify the client, the registered lobbyist who has made  the
    15  referral,  the  category  of  value  of  the compensation received and a
    16  general description of the type of matter so referred. A reporting indi-
    17  vidual need not disclose  activities  performed  while  lawfully  acting
    18  pursuant  to  paragraphs  (c),  (d), (e) and (f) of subdivision seven of
    19  section seventy-three of this article. The  disclosure  requirements  in
    20  this  question  shall  not  require  [disclosure of clients or customers
    21  receiving medical or dental services, mental health  services,  residen-
    22  tial  real  estate  brokering  services, or insurance brokering services
    23  from the reporting individual or his or her firm. The reporting individ-
    24  ual need not identify any client to whom he or she or his  or  her  firm
    25  provided  legal  representation  with respect to investigation or prose-
    26  cution by law enforcement authorities, bankruptcy, or domestic relations
    27  matters. With respect to  clients  represented  in  other  matters,  the
    28  reporting  individual  shall request an exemption from the joint commis-
    29  sion, which shall be granted for good cause shown. For the  purposes  of
    30  this  question,  good cause may be shown by circumstances including, but
    31  not limited to, where disclosure of a  client's  identity  would  reveal
    32  trade  secrets or have a negative impact on the client's business inter-
    33  ests, would cause embarrassment for the client, could reasonably  result
    34  in  retaliation  against  the client, or would tend to reveal non-public
    35  matters regarding a criminal investigation. Only a]  disclosing  clients
    36  or  customers  receiving  medical,  pharmaceutical  or  dental services,
    37  mental health services, or residential real  estate  brokering  services
    38  from  the  reporting  individual  or  his  or her firm or if federal law
    39  prohibits or limits disclosure.  The reporting individual need not iden-
    40  tify any client to whom he or she or his  or  her  firm  provided  legal
    41  representation  with  respect  to  investigation  or  prosecution by law
    42  enforcement authorities, bankruptcy, family court, estate  planning,  or
    43  domestic  relations matters, nor shall the reporting individual identify
    44  individuals represented pursuant to an insurance policy but the  report-
    45  ing  individual  shall in such circumstances only report the entity that
    46  provides compensation to  the  reporting  individual;  with  respect  to
    47  matters  in which the client's name is required by law to be kept confi-
    48  dential (such as matters governed by the family court act) or in matters
    49  in which the reporting individual represents  or  provides  services  to
    50  minors,  the client's name may be replaced with initials.  To the extent
    51  that the reporting individual, or his or her firm, provided legal repre-
    52  sentation with respect to an initial public offering, and federal law or
    53  regulations restricts the disclosure of  information  relating  to  such
    54  work,  the  reporting  individual shall (i) disclose the identity of the
    55  client and the services provided relating to the initial public offering
    56  to the office of court administration, who will maintain  such  informa-

        S. 2006--B                         97                         A. 3006--B
 
     1  tion  confidentially  in  a  locked  box; and (ii) include in his or her
     2  response a statement that pursuant to this paragraph,  a  disclosure  to
     3  the  office  of  court administration has been made. Upon such time that
     4  the  disclosure of information maintained in the locked box is no longer
     5  restricted by federal law or regulation, the reporting individual  shall
     6  disclose such information in an amended disclosure statement in response
     7  to  the  disclosure requirements of this paragraph.  The office of court
     8  administration shall develop and maintain a secure portal through  which
     9  information submitted to it pursuant to this paragraph can be safely and
    10  confidentially  stored.  With  respect  to  clients represented in other
    11  matters not otherwise exempt, the reporting individual  may  request  an
    12  exemption  to publicly disclosing the name of that client from the joint
    13  commission pursuant to paragraph (i)  of  subdivision  nine  of  section
    14  ninety-four  of  the executive law, or from the office of court adminis-
    15  tration. In such application, the reporting individual shall  state  the
    16  following:  "My client is not currently receiving my services or seeking
    17  my services in connection with:
    18    (i) A proposed bill or resolution in the senate or assembly during the
    19  reporting period;
    20    (ii) A contract in an amount totaling $10,000 or more from  the  state
    21  or any state agency for services, materials, or property;
    22    (iii)  A  grant  of $10,000 or more from the state or any state agency
    23  during the reporting period;
    24    (iv) A grant obtained through  a  legislative  initiative  during  the
    25  reporting period; or
    26    (v)  A  case,  proceeding,  application  or other matter that is not a
    27  ministerial matter before a state agency during the reporting period."
    28    In reviewing the request for an exemption, the joint commission or the
    29  office of court administration may consult with  bar  or  other  profes-
    30  sional  associations  and the legislative ethics commission for individ-
    31  uals subject to its jurisdiction and may consider the rules  of  profes-
    32  sional conduct. In making its determination, the joint commission or the
    33  office  of  court administration shall conduct its own inquiry and shall
    34  consider factors including, but not limited to: (i) the nature  and  the
    35  size  of the client; (ii) whether the client has any business before the
    36  state; and if so, how significant  the  business  is;  and  whether  the
    37  client  has any particularized interest in pending legislation and if so
    38  how significant the interest is; (iii)  whether  disclosure  may  reveal
    39  trade secrets; (iv) whether disclosure could reasonably result in retal-
    40  iation  against  the client; (v) whether disclosure may cause undue harm
    41  to the client; (vi) whether disclosure may result in undue harm  to  the
    42  attorney-client relationship; and (vii) whether disclosure may result in
    43  an unnecessary invasion of privacy to the client.
    44    The  joint  commission  or,  as  the  case may be, the office of court
    45  administration shall promptly make a final determination in response  to
    46  such  request, which shall include an explanation for its determination.
    47  The office of court administration shall issue its  final  determination
    48  within  three  days of receiving the request.  Notwithstanding any other
    49  provision of law or any professional disciplinary rule to the  contrary,
    50  the  disclosure of the identity of any client or customer in response to
    51  this question shall not constitute professional misconduct or  a  ground
    52  for  disciplinary action of any kind, or form the basis for any civil or
    53  criminal cause of action or proceeding. A reporting individual who first
    54  enters public office after [January first]  December  thirty-first,  two
    55  thousand  fifteen,  need not report clients or customers with respect to

        S. 2006--B                         98                         A. 3006--B
 
     1  matters for which the reporting  individual  or  his  or  her  firm  was
     2  retained prior to entering public office.
     3  Client           Name of Lobbyist          Category of Amount (in
     4                                                Table 1)
     5  ________________________________________________________________________
     6  ________________________________________________________________________
     7  ________________________________________________________________________
     8  ________________________________________________________________________
     9  ________________________________________________________________________
 
    10  13. List  below  the nature and amount of any income in EXCESS of $1,000
    11      from EACH SOURCE for the reporting individual and such  individual's
    12      spouse  for  the  taxable  year  last occurring prior to the date of
    13      filing.   Each such source must  be  described  with  particularity.
    14      Nature  of income includes, but is not limited to, all income (other
    15      than that received from the employment listed under  Item  2  above)
    16      from compensated employment whether public or private, directorships
    17      and  other  fiduciary  positions, contractual arrangements, teaching
    18      income, partnerships, honorariums, lecture  fees,  consultant  fees,
    19      bank and bond interest, dividends, income derived from a trust, real
    20      estate rents, and recognized gains from the sale or exchange of real
    21      or  other  property.   Income from a business or profession and real
    22      estate rents shall be reported with the  source  identified  by  the
    23      building  address  in the case of real estate rents and otherwise by
    24      the name of the entity and not by the name of the individual custom-
    25      ers, clients or tenants, with the aggregate net income before  taxes
    26      for  each  building  address or entity.   The receipt of maintenance
    27      received in connection with a matrimonial action, alimony and  child
    28      support payments shall not be listed.
 
    29      Self/                                                       Category
    30      Spouse          Source                   Nature            of Amount
    31                                                              (In Table I)
 
    32      ____________________________________________________________________
    33      ____________________________________________________________________
    34      ____________________________________________________________________
    35      ____________________________________________________________________
    36      ____________________________________________________________________
 
    37    §  2. Paragraph 8 of subdivision 3 of section 73-a of the public offi-
    38  cers law is amended by adding two new subparagraphs (b-1) and  (b-2)  to
    39  read as follows:
    40     (b-1)  APPLICABLE  ONLY TO NEW CLIENTS OR CUSTOMERS FOR WHOM SERVICES
    41  ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
    42  FOR NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO  THOSE
    43  SERVICES  THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOU-
    44  SAND FIFTEEN (FOR PURPOSES  OF  THIS  QUESTION,  "SERVICES"  SHALL  MEAN
    45  CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
    46    If the reporting individual receives income from employment reportable
    47  in question 8(a) and personally provides services to any person or enti-
    48  ty,  or  works  as  a member or employee of a partnership or corporation
    49  that provides such services (referred to hereinafter as a  "firm"),  the
    50  reporting  individual shall identify each client or customer to whom the
    51  reporting individual personally provided services, or who  was  referred
    52  to  the  firm  by  the reporting individual, and from whom the reporting

        S. 2006--B                         99                         A. 3006--B
 
     1  individual or his or her firm earned fees in excess  of  $10,000  during
     2  the reporting period in direct connection with:
     3    (i) A contract in an amount totaling $10,000 or more from the state or
     4  any state agency for services, materials, or property;
     5    (ii)  A  grant  of  $10,000 or more from the state or any state agency
     6  during the reporting period;
     7    (iii) A grant obtained through a  legislative  initiative  during  the
     8  reporting period; or
     9    (iv)  A  case,  proceeding,  application or other matter that is not a
    10  ministerial matter before a state agency during the reporting period.
    11    For such services rendered by the  reporting  individual  directly  to
    12  each  such  client,  describe  each  matter that was the subject of such
    13  representation, the services actually provided and the payment received.
    14  For payments received from clients referred to the firm by the reporting
    15  individual, if the reporting individual directly received a referral fee
    16  or fees for such referral,  identify  the  client  and  the  payment  so
    17  received.
    18    For  purposes  of  this  question,  "referred to the firm" shall mean:
    19  having intentionally and knowingly taken a specific  act  or  series  of
    20  acts  to  intentionally  procure  for the reporting individual's firm or
    21  having knowingly solicited or directed  to  the  reporting  individual's
    22  firm  in  whole  or  substantial part, a person or entity that becomes a
    23  client of that firm for the purposes of representation for a  matter  as
    24  defined  in clauses (i) through (iv) of this subparagraph, as the result
    25  of such procurement, solicitation or direction of the reporting individ-
    26  ual. A reporting individual need not disclose activities performed while
    27  lawfully acting in his or her capacity as provided  in  paragraphs  (c),
    28  (d),  (e)  and (f) of subdivision seven of section seventy-three of this
    29  article.
    30  Client   Matter     Nature of Services Provided      Category
    31                                                       of Amount
    32                                                      (in Table I)
 
    33  ________________________________________________________________________
    34  ________________________________________________________________________
    35  ________________________________________________________________________
    36  ________________________________________________________________________
    37  ________________________________________________________________________
 
    38    (b-2) APPLICABLE ONLY TO NEW CLIENTS OR CUSTOMERS  FOR  WHOM  SERVICES
    39  ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR
    40  FOR  NEW MATTERS FOR EXISTING CLIENTS OR CUSTOMERS WITH RESPECT TO THOSE
    41  SERVICES THAT ARE PROVIDED ON OR AFTER DECEMBER THIRTY-FIRST, TWO  THOU-
    42  SAND  FIFTEEN  (FOR  PURPOSES  OF  THIS  QUESTION, "SERVICES" SHALL MEAN
    43  CONSULTATION, REPRESENTATION, ADVICE OR OTHER SERVICES):
    44    (i) With respect to reporting individuals  who  receive  ten  thousand
    45  dollars  or  more  from employment or activity reportable under question
    46  8(a), for each client or customer NOT otherwise disclosed or exempted in
    47  question 8 or 13, disclose the name of each client or customer known  to
    48  the  reporting  individual  to  whom  the  reporting individual provided
    49  services: (A) who paid the reporting individual in excess of five  thou-
    50  sand  dollars  for  such  services;  or (B) who had been billed with the
    51  knowledge of the reporting individual in excess of five thousand dollars
    52  by the firm or other entity named in question  8(a)  for  the  reporting
    53  individual's services.
    54  Client               Services              Category of Amount

        S. 2006--B                         100                        A. 3006--B
 
     1                   Actually Provided            (in Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
 
     2  FOLLOWING IS AN ILLUSTRATIVE, NON-EXCLUSIVE LIST OF EXAMPLES OF
     3  DESCRIPTIONS OF "SERVICES ACTUALLY PROVIDED":
     4    * REVIEWED DOCUMENTS AND CORRESPONDENCE;
     5    * REPRESENTED CLIENT (IDENTIFY CLIENT BY NAME) IN LEGAL PROCEEDING;
     6    * PROVIDED LEGAL ADVICE ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
     7    * CONSULTED WITH CLIENT OR CONSULTED WITH LAW PARTNERS/ASSOCIATES/MEMBERS
     8      OF FIRM ON CLIENT MATTER (IDENTIFY CLIENT BY NAME);
     9    * PREPARED CERTIFIED FINANCIAL STATEMENT FOR CLIENT (IDENTIFY CLIENT BY
    10      NAME);
    11    * REFERRED INDIVIDUAL OR ENTITY (IDENTIFY CLIENT BY NAME) FOR
    12      REPRESENTATION OR CONSULTATION;
    13    * COMMERCIAL BROKERING SERVICES (IDENTIFY CUSTOMER BY NAME);
    14    * PREPARED CERTIFIED ARCHITECTURAL OR ENGINEERING
    15      RENDERINGS FOR CLIENT (IDENTIFY CUSTOMER BY NAME);
    16    * COURT APPOINTED GUARDIAN OR EVALUATOR (IDENTIFY COURT NOT CLIENT).
    17    (ii)  With  respect to reporting individuals who disclosed in question
    18  8(a) that the reporting individual did not provide services to a  client
    19  but  provided  services  to a firm or business, identify the category of
    20  amount received for providing such services and  describe  the  services
    21  rendered.
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
    22    A  reporting  individual  need not disclose activities performed while
    23  lawfully acting in his or her capacity as provided  in  paragraphs  (c),
    24  (d),  (e)  and (f) of subdivision seven of section seventy-three of this
    25  article.
    26  The disclosure requirement  in  questions  (b-1)  and  (b-2)  shall  not
    27  require  disclosing  clients  or customers receiving medical, pharmaceu-
    28  tical or dental services, mental health services,  or  residential  real
    29  estate  brokering  services  from the reporting individual or his or her
    30  firm or if federal law prohibits or  limits  disclosure.  The  reporting
    31  individual  need not identify any client to whom he or she or his or her
    32  firm provided legal representation  with  respect  to  investigation  or
    33  prosecution  by  law  enforcement authorities, bankruptcy, family court,
    34  estate planning, or domestic relations matters, nor shall the  reporting
    35  individual  identify  individuals  represented  pursuant to an insurance
    36  policy but the reporting individual shall  in  such  circumstances  only
    37  report  the  entity that provides compensation to the reporting individ-
    38  ual; with respect to matters in which the client's name is  required  by
    39  law  to  be  kept  confidential  (such as matters governed by the family
    40  court act) or in matters in which the reporting individual represents or
    41  provides services to minors, the client's  name  may  be  replaced  with
    42  initials.    To  the extent that the reporting individual, or his or her
    43  firm, provided legal representation with respect to  an  initial  public
    44  offering,  and  professional  disciplinary  rules,  federal law or regu-
    45  lations restrict the disclosure of information relating  to  such  work,
    46  the  reporting  individual shall (i) disclose the identity of the client
    47  and the services provided relating to the initial public offering to the

        S. 2006--B                         101                        A. 3006--B
 
     1  office of court  administration,  who  will  maintain  such  information
     2  confidentially  in a locked box; and (ii) include in his or her response
     3  to questions (b-1) and (b-2) that pursuant to this paragraph, a  disclo-
     4  sure to the office of court administration has been made. Upon such time
     5  that  the  disclosure  of information maintained in the locked box is no
     6  longer restricted by professional disciplinary  rules,  federal  law  or
     7  regulation,  the reporting individual shall disclose such information in
     8  an amended disclosure statement in response to the  disclosure  require-
     9  ments  in questions (b-1) and (b-2).  The office of court administration
    10  shall develop and maintain a secure  portal  through  which  information
    11  submitted  to  it pursuant to this paragraph can be safely and confiden-
    12  tially stored. With respect to clients represented in other matters  not
    13  otherwise  exempt,  the reporting individual may request an exemption to
    14  publicly disclosing the name of that client from  the  joint  commission
    15  pursuant  to paragraph (i) of subdivision nine of section ninety-four of
    16  the executive law, or from the office of court administration.  In  such
    17  application,  the  reporting  individual  shall state the following: "My
    18  client is not currently receiving my services or seeking my services  in
    19  connection with:
    20    (i) A proposed bill or resolution in the senate or assembly during the
    21  reporting period;
    22    (ii)  A  contract in an amount totaling $10,000 or more from the state
    23  or any state agency for services, materials, or property;
    24    (iii) A grant of $10,000 or more from the state or  any  state  agency
    25  during the reporting period;
    26    (iv)  A  grant  obtained  through  a legislative initiative during the
    27  reporting period; or
    28    (v) A case, proceeding, application or other  matter  that  is  not  a
    29  ministerial matter before a state agency during the reporting period."
    30    In reviewing the request for an exemption, the joint commission or the
    31  office  of  court  administration  may consult with bar or other profes-
    32  sional associations and the legislative ethics commission  for  individ-
    33  uals  subject  to its jurisdiction and may consider the rules of profes-
    34  sional conduct. In making its determination, the joint commission or the
    35  office of court administration shall conduct its own inquiry  and  shall
    36  consider  factors  including, but not limited to: (i) the nature and the
    37  size of the client; (ii) whether the client has any business before  the
    38  state;  and  if  so,  how  significant  the business is; and whether the
    39  client has any particularized interest in pending legislation and if  so
    40  how  significant  the  interest  is; (iii) whether disclosure may reveal
    41  trade secrets; (iv) whether disclosure could reasonably result in retal-
    42  iation against the client; (v) whether disclosure may cause  undue  harm
    43  to  the  client; (vi) whether disclosure may result in undue harm to the
    44  attorney-client relationship; and (vii) whether disclosure may result in
    45  an unnecessary invasion of privacy to the client.
    46    The joint commission or, as the case  may  be,  the  office  of  court
    47  administration  shall promptly make a final determination in response to
    48  such request, which shall include an explanation for its  determination.
    49  The  office  of court administration shall issue its final determination
    50  within three days of receiving the request.   Notwithstanding any  other
    51  provision  of law or any professional disciplinary rule to the contrary,
    52  the disclosure of the identity of any client or customer in response  to
    53  this  question  shall not constitute professional misconduct or a ground
    54  for disciplinary action of any kind, or form the basis for any civil  or
    55  criminal  cause  of  action  or proceeding.   A reporting individual who
    56  first enters public office after January first,  two  thousand  sixteen,

        S. 2006--B                         102                        A. 3006--B
 
     1  need  not  report clients or customers with respect to matters for which
     2  the reporting individual or his or her firm was retained prior to enter-
     3  ing public office.
     4  Client               Services              Category of Amount
     5                   Actually Provided            (in Table I)
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
     6    §  3.  Section  73-a of the public officers law is amended by adding a
     7  new subdivision 7 to read as follows:
     8    7. With respect to an application to either the  joint  commission  or
     9  the  office  of  court administration for an exemption to disclosing the
    10  name of a client or customer in response to questions 8 (b-1),  8  (b-2)
    11  and  8  (c),  all  information which is the subject of or a part of such
    12  application shall remain confidential. The name of the client  need  not
    13  be  disclosed  by  the  reporting  individual unless and until the joint
    14  commission or the office of court administration  formally  advises  the
    15  reporting  individual  that  he  or she must disclose such names and the
    16  reporting individual agrees to represent the client. Any commissioner or
    17  person employed by the joint commission or any person  employed  by  the
    18  office  of  court administration who, intentionally and without authori-
    19  zation from a court  of  competent  jurisdiction  releases  confidential
    20  information  related  to  a  request  for  an  exemption received by the
    21  commission or the office of court administration shall be  guilty  of  a
    22  class A misdemeanor.
    23    §  4. Section 73 of the public officers law is amended by adding a new
    24  subdivision 7-a to read as follows:
    25    7-a. No member of the  legislature,  legislative  employee,  statewide
    26  elected  official,  or state officer or employee shall receive, directly
    27  or indirectly, or enter into any agreement express or implied,  for  any
    28  compensation, in whatever form, for the rendering of consulting, repres-
    29  entational,  advisory or other services by himself or herself or another
    30  in connection with any proposed or pending bill  or  resolution  in  the
    31  senate or assembly.
    32    §  5.  Subdivision  18  of  section  73 of the public officers law, as
    33  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
    34  follows:
    35    18.  In  addition  to  any penalty contained in any other provision of
    36  law, any person who knowingly and intentionally violates the  provisions
    37  of subdivisions two through five, seven, seven-a, eight, twelve or four-
    38  teen  through  seventeen  of  this  section  shall be subject to a civil
    39  penalty in an amount not to exceed forty thousand dollars and the  value
    40  of  any  gift,  compensation or benefit received in connection with such
    41  violation.  Assessment of a civil penalty hereunder shall be made by the
    42  state oversight body with jurisdiction over such person. A  state  over-
    43  sight  body acting pursuant to its jurisdiction, may, in lieu of a civil
    44  penalty, with respect to a violation of subdivisions two  through  five,
    45  seven  or  eight of this section, refer a violation of any such subdivi-
    46  sion to  the  appropriate  prosecutor  and  upon  such  conviction  such
    47  violation shall be punishable as a class A misdemeanor.
    48    §  6.  Subdivisions (k) and (t) of section 1-c of the legislative law,
    49  subdivision (k) as amended and subdivision (t) as added by chapter 1  of
    50  the laws of 2005, are amended to read as follows:

        S. 2006--B                         103                        A. 3006--B
 
     1    (k)  The term "municipality" shall mean any jurisdictional subdivision
     2  of the state, including but not  limited  to  counties,  cities,  towns,
     3  villages, improvement districts and special districts, with a population
     4  of  more than [fifty] five thousand, and industrial development agencies
     5  in  jurisdictional  subdivisions  with a population of more than [fifty]
     6  five thousand; and public authorities,  and  public  corporations[,  but
     7  shall not include school districts].
     8    (t) The term "local legislative body" shall mean the board of supervi-
     9  sors,  board  of  aldermen,  common  council,  council, commission, town
    10  board, board of trustees or other elective governing board or body of  a
    11  municipality  now or hereafter vested by state statute, charter or other
    12  law with jurisdiction to initiate and adopt local laws [and], ordinances
    13  and budgets, whether or not such local laws [or], ordinances or  budgets
    14  require  approval of the elective chief executive officer or other offi-
    15  cial or body to become effective.
    16    § 7. Subdivision 2 of section 5 of the legislative law is REPEALED and
    17  a new subdivision 2 is added to read as follows:
    18    2. (a) Each member of the legislature, upon  verification  of  attend-
    19  ance,  which  shall  be  by electronic verification when practicable, in
    20  compliance with the policies set forth by the speaker  of  the  assembly
    21  and  the  temporary president of the senate for their respective bodies,
    22  shall be eligible to receive payment  of  actual  and  necessary  travel
    23  expenses  and  a per diem equivalent to the most recent federal per diem
    24  rates published by the general services administration as set  forth  in
    25  41  CFR  (Code of Federal Regulations) Part 301, App. A, for the time in
    26  which the member was in travel status in the performance of his  or  her
    27  duties  during the months in which the legislature is scheduled to be in
    28  regular session.  During the months when the legislature is  not  sched-
    29  uled  to  be  in  regular session, members shall receive such actual and
    30  necessary travel expenses and per diems, in compliance with verification
    31  policies and in accord with standards and limits for reimbursable events
    32  set forth by the speaker of the assembly and the temporary president  of
    33  the senate for their respective bodies.  The per diem allowances includ-
    34  ing  partial  per  diem allowances shall be made on audit and warrant of
    35  the comptroller on vouchers approved by the temporary president  of  the
    36  senate  or his or her designee and speaker of the assembly or his or her
    37  designee for their respective houses.
    38    (b) Each house shall make available on its website  all  documentation
    39  otherwise  available  to  the public pursuant to section eighty-eight of
    40  the public officers law related to the payment of  travel  expenses  and
    41  per diems.
    42    §  8. Subdivision 1 of section 14-107 of the election law, as added by
    43  section 4 of subpart C of part H of chapter 55 of the laws of  2014,  is
    44  amended to read as follows:
    45    1. For purposes of this article:
    46    (a)  "Independent  expenditure"  means an expenditure made by a person
    47  conveyed to five hundred or more members of a general public audience in
    48  the form of (i) an audio or video communication via broadcast, cable  or
    49  satellite,  (ii)  a written communication via advertisements, pamphlets,
    50  circulars, flyers,  brochures,  letterheads  or  (iii)  other  published
    51  statements  which:  (i) irrespective of when such communication is made,
    52  contains words such as "vote," "oppose," "support,"  "elect,"  "defeat,"
    53  or  "reject," which call for the election or defeat of the clearly iden-
    54  tified candidate, [or] (ii) refers to and advocates  for  or  against  a
    55  clearly  identified  candidate  or  ballot  proposal on or after January
    56  first of the year of the election in which  such  candidate  is  seeking

        S. 2006--B                         104                        A. 3006--B
 
     1  office  or  such  proposal  shall  appear on the ballot, or (iii) within
     2  sixty days before a general or special election for the office sought by
     3  the candidate or thirty days before  a  primary  election,  includes  or
     4  references  a  clearly  identified candidate. An independent expenditure
     5  shall not include communications where such candidate,  the  candidate's
     6  political committee or its agents, a party committee or its agents, or a
     7  constituted  committee  or its agents or a political committee formed to
     8  promote the success or defeat of a ballot proposal or  its  agents,  did
     9  authorize, request, suggest, foster or cooperate in such communication.
    10    (b) Independent expenditures do not include expenditures in connection
    11  with:
    12    (i)  a  written  news story, commentary, or editorial or a news story,
    13  commentary, or editorial  distributed  through  the  facilities  of  any
    14  broadcasting  station,  cable  or  satellite  unless such publication or
    15  facilities are owned or controlled by  any  political  party,  political
    16  committee or candidate; or
    17    (ii) a communication that constitutes a candidate debate or forum; or
    18    (iii)  internal communication by members to other members of a member-
    19  ship organization of not more than five hundred members, for the purpose
    20  of supporting or opposing a candidate or candidates for elective office,
    21  provided such expenditures are not used for the costs of campaign  mate-
    22  rial  or  communications used in connection with broadcasting, telecast-
    23  ing, newspapers, magazines, or other periodical publication, billboards,
    24  or similar types of general public communications; or
    25    (iv) internal communications by members to other members of a  member-
    26  ship  organization  of  not  more  than five hundred members or communi-
    27  cations by a corporation organized for charitable purposes  pursuant  to
    28  §501(c)(3)  of  the  internal  revenue  code, within sixty days before a
    29  general or special election for the office sought by  the  candidate  or
    30  thirty  days  before  a  primary election, that includes or references a
    31  clearly identified candidate but does not otherwise qualify as an  inde-
    32  pendent expenditure under this section.
    33    (v)  a  communication  published  on the Internet, unless the communi-
    34  cation is a paid advertisement.
    35    (c) For purposes of this section, the term "person" shall mean person,
    36  group of persons, corporation,  unincorporated  business  entity,  labor
    37  organization or business, trade or professional association or organiza-
    38  tion,  or  political  committee; provided, however, that such definition
    39  shall not include any party or constituted committee, that  is  required
    40  to file disclosure reports under this chapter.
    41    §  9.  Section  14-130 of the election law, as added by chapter 152 of
    42  the laws of 1985, is amended to read as follows:
    43    § 14-130. Campaign funds for personal use. 1.  Contributions  received
    44  by  a  candidate or a political committee may be expended for any lawful
    45  purpose. Such funds shall not be converted by any person to  a  personal
    46  use  which  is  unrelated  to  a  political campaign or the holding of a
    47  public office or party position.
    48    2. No contribution shall be used to pay interest or any other  finance
    49  charges  upon  monies  loaned  to  the campaign by such candidate or the
    50  spouse of such candidate.
    51    3. For the purposes of this section, contributions "converted  by  any
    52  person  to a personal use" are expenditures that are exclusively for the
    53  personal benefit of the  candidate  or  any  other  individual,  not  in
    54  connection  with  a political campaign or the holding of a public office
    55  or party position.  "Converted by any person to a  personal  use",  when

        S. 2006--B                         105                        A. 3006--B
 
     1  meeting  the  definition  in this subdivision, shall include, but not be
     2  limited to, expenses for the following:
     3    (i)  any  residential  or  household  items, supplies or expenditures,
     4  including mortgage, rent  or  utility  payments  for  any  part  of  any
     5  personal  residence  of  a  candidate or officeholder or a member of the
     6  candidate's or officeholder's family that are not incurred as  a  result
     7  of, or to facilitate, the individual's campaign, or the execution of his
     8  or  her duties of public office or party position. In the event that any
     9  property or building is used for both personal and campaign  use  or  as
    10  part  of  the  execution  of his or her duties of public office or party
    11  position, personal use shall constitute expenses that  exceed  the  pro-
    12  rated amount for such expenses based on fair-market value.
    13    (ii) mortgage, rent, or utility payments to a candidate or officehold-
    14  er  for  any  part  of  any  non-residential property that is owned by a
    15  candidate or officeholder or a member of a candidate's or officeholder's
    16  family and used for campaign purposes, to the extent the payments exceed
    17  the fair market value of the property's usage for campaign activities;
    18    (iii) clothing, other than items that are used in the campaign  or  in
    19  the execution of the duties of public office or party position;
    20    (iv) tuition payments unrelated to a political campaign or the holding
    21  of a public office or party position;
    22    (v)  salary  payments or other compensation provided to any person for
    23  services where such services are not solely  for  campaign  purposes  or
    24  provided in connection with the execution of the duties of public office
    25  or party position;
    26    (vi)  salary  payments or other compensation provided to a member of a
    27  candidate's family, unless the family  member  is  providing  bona  fide
    28  services to the campaign. If a family member provides bona fide services
    29  to  a  campaign,  any salary payments or other compensation in excess of
    30  the fair market value of  the  services  provided  shall  be  considered
    31  payments for personal use;
    32    (vii)  admission  to a sporting event, concert, theater, or other form
    33  of entertainment, unless such event is part of, or in connection with, a
    34  campaign or is related to the holding of public office  or  party  posi-
    35  tion;
    36    (viii)  payment  of any fines or penalties assessed against the candi-
    37  date  pursuant  to  this  chapter  or  in  connection  with  a  criminal
    38  conviction  or  by  the  joint  commission for public ethics pursuant to
    39  section ninety-four of the executive law or  sections  seventy-three  or
    40  seventy-three-a  of  the   public officers law or the legislative ethics
    41  commission pursuant to section eighty of the legislative law;
    42    (ix) dues, fees, or gratuities at a country club, health club,  recre-
    43  ational  facility  or other entities with a similar purpose, unless they
    44  are expenses connected with a specific  fundraising  event  or  activity
    45  associated  with a political campaign or the holding of public office or
    46  party position that takes place on the organization's premises; and
    47    (x) travel expenses including automobile purchases or  leases,  unless
    48  used  for  campaign  purposes or in connection with the execution of the
    49  duties of public office or party position  and  usage  of  such  vehicle
    50  which is incidental to such purposes or the execution of such duties.
    51    4.  Nothing in this section shall prohibit a candidate from purchasing
    52  equipment or property from his or her  personal  funds  and  leasing  or
    53  renting  such  equipment  or property to a committee working directly or
    54  indirectly with him to aid or participate in his or  her  nomination  or
    55  election,  including  an exploratory committee, provided that the candi-
    56  date and his or her campaign treasurer sign a written  lease  or  rental

        S. 2006--B                         106                        A. 3006--B
 
     1  agreement. Such agreement shall include the lease or rental price, which
     2  shall  not  exceed  the fair lease or rental value of the equipment. The
     3  candidate shall not receive lease  or  rental  payments  which,  in  the
     4  aggregate, exceed the cost of purchasing the equipment or property.
     5    5.  Nothing  in  this section shall prohibit an elected public office-
     6  holder from using campaign  contributions  to  facilitate,  support,  or
     7  otherwise assist in the execution or performance of the duties of his or
     8  her public office.
     9    6.  The  state  board  of elections shall issue advisory opinions upon
    10  request regarding  expenditures  that  may  or  may  not  be  considered
    11  personal  use of contributions. Any formal or informal advisory opinions
    12  issued by a majority vote of the commissioners of  the  state  board  of
    13  elections  shall  be binding on the board, the chief enforcement counsel
    14  established by subdivision three-a of section 3-100 of this chapter, and
    15  in any subsequent civil or criminal action or proceeding or  administra-
    16  tive proceeding.
    17    §  10.  The  opening  paragraph  of  paragraph (a) of subdivision 6 of
    18  section 156 of the retirement and  social  security  law,  as  added  by
    19  section  1  of  part C of chapter 399 of the laws of 2011, is amended to
    20  read as follows:
    21    "Public official" shall mean any of  the  following  individuals  [who
    22  were not members of any retirement system prior to the effective date of
    23  the  chapter of the laws of two thousand eleven which added this article
    24  but who have become members of a covered retirement system on  or  after
    25  the  effective  date  of  the chapter of the laws of two thousand eleven
    26  which added this article]:
    27    § 11. Subdivisions 1 and 2 of section 157 of the retirement and social
    28  security law, as added by section 1 of part C of chapter 399 of the laws
    29  of 2011, are amended to read as follows:
    30    1. Notwithstanding any other law to the contrary, it shall be  a  term
    31  and  condition  of  membership  for every public official [who becomes a
    32  member of any retirement system on or after the effective  date  of  the
    33  chapter  of  the  laws of two thousand eleven which added this article,]
    34  that such public official's rights to a pension in a  retirement  system
    35  that  accrue  in such retirement system after his or her date of initial
    36  membership in the retirement system shall be subject to  the  provisions
    37  of this article.
    38    2.  In  the case of a public official who stands convicted, by plea of
    39  nolo contendere or plea of guilty to, or by conviction after  trial,  of
    40  any  crime  related  to public office, and has been sentenced, an action
    41  may be commenced in supreme court of the county  in  which  such  public
    42  official  was  convicted  of such felony crime, by the district attorney
    43  having jurisdiction over such crime, or by the attorney general  if  the
    44  attorney  general  brought  the  criminal  charge which resulted in such
    45  conviction, for an order to reduce or revoke the pension to  which  such
    46  public  official is otherwise entitled for service as a public official.
    47  Such complaint shall specify with particularity which category of felony
    48  pursuant to subdivision one of section one  hundred  fifty-six  of  this
    49  article  the  defendant  has  committed,  and  all  other facts that are
    50  alleged to qualify such crime as a felony crime related to public office
    51  subject to pension reduction or revocation pursuant to this article, and
    52  the amount of pension reduction or  revocation  requested.  Such  action
    53  shall be commenced within six months after such [conviction] sentencing.
    54    § 12. Subdivision 10 of section 157 of the retirement and social secu-
    55  rity  law, as added by section 1 of part C of chapter 399 of the laws of
    56  2011, is amended to read as follows:

        S. 2006--B                         107                        A. 3006--B
 
     1    10. (a) Upon a finding by the court by clear and  convincing  evidence
     2  that the defendant knowingly and intentionally committed a crime related
     3  to  public  office,  the  court  may  issue  an order to the appropriate
     4  retirement system to reduce or revoke the defendant's pension  to  which
     5  he  or  she  is otherwise entitled as such a public official. All orders
     6  and findings made by the court pursuant to this section shall be  served
     7  by  the  attorney  general  or the district attorney, as the case may be
     8  upon the chief administrator of the defendant's  retirement  system  and
     9  the defendant.
    10    (b)  If  the  court  issues an order pursuant to paragraph (a) of this
    11  subdivision, the court shall order payment of a portion of such  pension
    12  benefit to: (1) the innocent spouse if so requested by such spouse paya-
    13  ble at the time the public official would have been eligible for retire-
    14  ment  if  such  spouse  has not otherwise waived, in writing, his or her
    15  right to such benefit; and (2) innocent minor children and other  depen-
    16  dents pursuant to law of the public official in an amount that the court
    17  finds  just and proper consistent with the pension benefits to which the
    18  public official would be entitled and  the  portion  of  those  benefits
    19  which would be used for the support of such minor children or dependents
    20  pursuant  to  law. Such payment to the innocent spouse shall be computed
    21  pursuant to paragraph (c) of this subdivision, and payments pursuant  to
    22  subparagraphs one and two of this paragraph shall be adjusted to reflect
    23  interest  accrued  between  the  time of such conviction and the time of
    24  such payment.
    25    (c) When determining the amount  of  benefits  which  the  defendant's
    26  innocent  spouse  is entitled to receive, the factors contained in para-
    27  graph d of subdivision five of part B of section two hundred  thirty-six
    28  of the domestic relations law shall be considered by the court. However,
    29  when determining such apportionment, the court shall not annul or modify
    30  any prior court order regarding such benefits.
    31    §  13. Subdivision 8 of section 157 of the retirement and social secu-
    32  rity law, as added by section 1 of part C of chapter 399 of the laws  of
    33  2011, is amended to read as follows:
    34    8. In determining whether the pension shall be reduced or revoked, the
    35  supreme  court  shall consider and make findings of fact and conclusions
    36  of law that include, but shall not be limited to, a consideration of the
    37  following factors:
    38    (a) Whether the defendant stands convicted of such a felony of a crime
    39  related to public office, and the specific paragraph  or  paragraphs  of
    40  subdivision  one  of  section one hundred fifty-six of this article that
    41  have been proven or not proven;
    42    (b) The severity of the crime related to public office  of  which  the
    43  defendant stands convicted;
    44    (c) The amount of monetary loss suffered by such state or municipality
    45  as a result of such crime related to public office;
    46    (d)  The  degree  of  public  trust  reposed in the public official by
    47  virtue of the person's position as a public official;
    48    (e) If the crime related to public office was  part  of  a  fraudulent
    49  scheme against the state or a municipality, the role of the public offi-
    50  cial in such fraudulent scheme against such state or a municipality;
    51    (f) The defendant's criminal history, if any;
    52    (g)  The  impact  of  forfeiture,  in whole or in part, on defendant's
    53  dependents, present or former spouses, or domestic partners;
    54    (h) The proportionality of forfeiture of all or part of the pension to
    55  the crime committed;

        S. 2006--B                         108                        A. 3006--B
 
     1    (i) The years of service in public office by the  defendant  where  no
     2  criminal activity has been found by a court; and
     3    [(i)]  (j)  Any  such other factors as, in the judgment of the supreme
     4  court, justice may require.
     5    § 14. The office of court administration  shall  promulgate  rules  to
     6  effectuate  the  amendments  to  section 73-a of the public officers law
     7  made by sections two and three of this act which require it to establish
     8  a "locked box" and establish a mechanism to process and consider  claims
     9  by  individuals  required  to  file  financial disclosure statements for
    10  exempting the disclosure of clients.
    11    § 15. Severability  clause.    If  any  clause,  sentence,  paragraph,
    12  section  or part of this act shall be adjudged by any court of competent
    13  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
    14  invalidate the remainder thereof, but shall be confined in its operation
    15  to  the  clause,  sentence,  paragraph, section or part thereof directly
    16  involved in the controversy in  which  such  judgment  shall  have  been
    17  rendered.
    18    §  16.  This act shall take effect immediately; provided, however, the
    19  amendments made to subparagraph (c) of paragraph 8 of subdivision  3  of
    20  section 73-a of the public officers law by section one of this act shall
    21  take  effect  December  31,  2015; provided, further, that sections ten,
    22  eleven, and twelve of this act shall take effect on the first of January
    23  next succeeding the date upon which the people shall approve and  ratify
    24  amendments  to  section 7 of article V of the constitution by a majority
    25  of the electors voting thereon relating  to  the  reduction  of  pension
    26  benefits  for  public  officials  convicted  of  certain felony offenses
    27  related to public office and shall only apply to offenses  committed  on
    28  or after such first of January.
 
    29                                   PART DD
 
    30    Section  1.  Section  21 of part A of chapter 399 of the laws of 2011,
    31  relating to establishing the public integrity reform  act  of  2011,  is
    32  amended to read as follows:
    33    §  21.  No  later than [June 1, 2014] May 1, 2015, the governor [and],
    34  the [legislative leaders] temporary president  of  the  senate  and  the
    35  speaker  of  the  assembly  shall jointly appoint a review commission to
    36  review and evaluate the activities and performance of the joint  commis-
    37  sion  on  public  ethics and the legislative ethics commission in imple-
    38  menting the provisions of this act. On or  before  [March]  November  1,
    39  2015,  the review commission shall report to the governor and the legis-
    40  lature on its review and  evaluation  which  report  shall  include  any
    41  administrative  and  legislative  recommendations  on  strengthening the
    42  administration and enforcement of the ethics law in New York state.  The
    43  review  commission  shall be comprised of eight members and the governor
    44  [and], the [legislative leaders] temporary president of the  senate  and
    45  the  speaker  of the assembly shall jointly designate a chair from among
    46  the members.
    47    § 2. This act shall take effect immediately.
 
    48                                   PART EE
 
    49    Section 1. This act enacts into law components  of  legislation  which
    50  are  necessary  to  implement  legislation  relating to the state fiscal
    51  plan.  Each component is wholly contained within a Subpart identified as
    52  Subparts A through H.  The effective date for each particular  provision

        S. 2006--B                         109                        A. 3006--B
 
     1  contained  within  such Subpart is set forth in the last section of such
     2  Subpart. Any provision  in  any  section  contained  within  a  Subpart,
     3  including  the effective date of the Subpart, which makes a reference to
     4  a  section  "of  this act", when used in connection with that particular
     5  component, shall be deemed  to  mean  and  refer  to  the  corresponding
     6  section  of  the  Subpart in which it is found. Section four of this act
     7  sets forth the general effective date of this act.
     8    § 2. This act shall be known as the "education transformation  act  of
     9  2015".
 
    10                                  SUBPART A
 
    11    Section  1. The education law is amended by adding a new section 669-f
    12  to read as follows:
    13    § 669-f. New York state masters-in-education teacher incentive  schol-
    14  arship  program.  1.    Eligibility. Students who are matriculated in an
    15  approved master's degree in education program at a New York state public
    16  institution of higher education leading to a  career  as  a  teacher  in
    17  public  elementary or secondary education shall be eligible for an award
    18  under this section, provided the applicant: (a) earned an  undergraduate
    19  degree  from  a  college  located  in New York state; (b) was a New York
    20  state resident while earning such  undergraduate  degree;  (c)  achieved
    21  academic  excellence  as  an  undergraduate  student,  as defined by the
    22  corporation in regulation; (d) enrolls in full-time study in an approved
    23  master's degree in education program at a New York state public institu-
    24  tion of higher education leading to a career  as  a  teacher  in  public
    25  elementary  or secondary education; (e) signs a contract with the corpo-
    26  ration agreeing to teach in a classroom setting on a full-time basis for
    27  five years in a school located within New York  state  providing  public
    28  elementary  or secondary education recognized by the board of regents or
    29  the university of the state  of  New  York,  including  charter  schools
    30  authorized  pursuant  to  article  fifty-six  of  this  chapter; and (f)
    31  complies with the applicable provisions of this article and all require-
    32  ments promulgated by the  corporation  for  the  administration  of  the
    33  program.
    34    2.  Within  amounts  appropriated therefor, awards shall be granted to
    35  applicants that the corporation has certified are  eligible  to  receive
    36  such  awards. Up to five hundred awards may be granted to new recipients
    37  annually. Such awards shall be granted  upon  successful  completion  of
    38  each term, as defined by the corporation.
    39    3.  An  award  shall  entitle the recipient to annual payments for not
    40  more than two academic years of  full-time  graduate  study  leading  to
    41  certification as an elementary or secondary classroom teacher.
    42    4.  The  corporation shall grant such awards in an amount equal to the
    43  annual tuition charged to state resident students attending  a  graduate
    44  program full-time at the state university of New York, or actual tuition
    45  charged,  whichever  is  less;  provided,  however,  (i)  a  student who
    46  receives educational grants and/or scholarships that cover the student's
    47  full cost of attendance shall not be eligible for an  award  under  this
    48  program; (ii) for a student who receives educational grants and/or scho-
    49  larships  that  cover  less  than the student's full cost of attendance,
    50  such grants and/or scholarships shall not be deemed duplicative of  this
    51  program  and  may be held concurrently with an award under this program,
    52  provided that the combined benefits do not  exceed  the  student's  full
    53  cost  of  attendance;  and  (iii)  an  award under this program shall be
    54  applied to tuition after the application of all other educational grants

        S. 2006--B                         110                        A. 3006--B
 
     1  and scholarships limited to tuition and shall be reduced  in  an  amount
     2  equal  to such educational grants and/or scholarships. Upon notification
     3  of an award under this program, the institution shall defer  the  amount
     4  of tuition equal to the award. No award shall be final until the recipi-
     5  ent's successful completion of a term has been certified by the institu-
     6  tion.  A  recipient of an award under this program shall not be eligible
     7  for an award under the New York state math and science  teaching  incen-
     8  tive program.
     9    5.  The corporation shall convert to a student loan the full amount of
    10  the award granted pursuant to this section, plus interest, according  to
    11  a  schedule  to be determined by the corporation if: (a) two years after
    12  the completion of the degree program  and  receipt  of  initial  certif-
    13  ication  it is found that a recipient is not teaching in a public school
    14  located within New York state providing elementary or  secondary  educa-
    15  tion  recognized  by the board of regents or the university of the state
    16  of New York, including charter schools authorized  pursuant  to  article
    17  fifty-six  of  this  chapter; (b) a recipient has not taught in a public
    18  school located within New York state providing elementary  or  secondary
    19  education  recognized  by  the board of regents or the university of the
    20  state of New York, including  charter  schools  authorized  pursuant  to
    21  article fifty-six of this chapter, for five of the seven years after the
    22  completion of the graduate degree program and receipt of initial certif-
    23  ication;  (c)  a  recipient fails to complete his or her graduate degree
    24  program in education; (d) a recipient fails to receive or  maintain  his
    25  or  her  teaching  certificate  or  license  in  New  York state for the
    26  required period; or (e) a recipient fails to respond to requests by  the
    27  corporation  for  the  status  of  his  or  her academic or professional
    28  progress. The terms and conditions of this subdivision shall be deferred
    29  for any interruption in graduate study or employment as  established  by
    30  the  rules  and regulations of the corporation. Any obligation to comply
    31  with such provisions as outlined in this section shall be cancelled upon
    32  the death of the  recipient.  Notwithstanding  any  provisions  of  this
    33  subdivision to the contrary, the corporation is authorized to promulgate
    34  rules  and  regulations  to  provide for the waiver or suspension of any
    35  financial obligation which would involve extreme hardship.
    36    6. The corporation is authorized to promulgate rules and  regulations,
    37  and  may promulgate emergency regulations, necessary for the implementa-
    38  tion of the provisions of this section including, but  not  limited  to,
    39  the criteria for the provision of awards on a competitive basis, and the
    40  rate of interest charged for repayment of the student loan.
    41    §  2.  This  act  shall take effect immediately and shall be deemed to
    42  have been in full force and effect on and after April 1, 2015.
 
    43                                  SUBPART B
 
    44    Section 1. The education law is amended by adding a new section  210-a
    45  to read as follows:
    46    §  210-a. Admission requirements for graduate-level teacher and educa-
    47  tional leader programs. Each institution registered  by  the  department
    48  with  graduate-level  teacher  and leader education programs shall adopt
    49  rigorous selection criteria geared to predicting a candidate's  academic
    50  success in its program, including but not limited to, a minimum score on
    51  the  graduate record examination or a substantially equivalent admission
    52  examination, as determined by the  institution,  and  achievement  of  a
    53  cumulative  grade  point  average  of  3.0  or higher in the candidate's
    54  undergraduate program. Each program may  exempt  no  more  than  fifteen

        S. 2006--B                         111                        A. 3006--B
 
     1  percent  of  any incoming class of students from such selection criteria
     2  set forth in this section based on a student's demonstration  of  poten-
     3  tial to positively contribute to the teaching profession or other exten-
     4  uating  circumstances pursuant to the regulations of the commissioner. A
     5  program shall report to the department the number of  students  admitted
     6  pursuant  to  such  exemption  and  the selection criteria used for such
     7  exemptions.
     8    § 2. The education law is amended by adding a  new  section  210-b  to
     9  read as follows:
    10    §  210-b.  Graduate-level  teacher  and educational leadership program
    11  deregistration and suspension. 1. The department shall suspend a  gradu-
    12  ate  program's  authority to admit new students if for three consecutive
    13  academic years, fewer than fifty percent of its students who have satis-
    14  factorily completed the program pass each  examination  that  they  have
    15  taken  that  is  required  for  certification and shall notify currently
    16  admitted and enrolled students of such suspension. The graduate  program
    17  shall  be  permitted  to  continue  operations for the length of time it
    18  would take all currently admitted and/or enrolled students, if they were
    19  to attend classes on a full-time basis, to complete the requirements for
    20  their degrees. If, at any time  during  such  period,  the  commissioner
    21  determines  that  student  and/or  program performance has significantly
    22  improved, the commissioner may reinstate the program's ability to  admit
    23  new  students.  If the commissioner does not affirmatively reinstate the
    24  program's authority to admit new students during such time  period,  the
    25  program  shall  be  deregistered.  For  purposes  of  this  subdivision,
    26  students who have satisfactorily completed the  graduate  program  shall
    27  mean  students who have met each educational requirement of the program,
    28  excluding any requirement that the student pass each required  New  York
    29  State  teacher  certification  examination  for  a  teaching certificate
    30  and/or school building leader examination for a school  building  leader
    31  certificate  in  order to complete the program.  Students satisfactorily
    32  meeting each educational requirement may include  students  who  earn  a
    33  degree  or  students  who  complete each educational requirement without
    34  earning a degree.   When making such  a  determination,  the  department
    35  shall  consider the performance on each certification examination of the
    36  cohort of students completing an examination not more  than  five  years
    37  before the end of the academic year in which the program is completed or
    38  not later than the September thirtieth following the end of such academ-
    39  ic year, where academic year is defined as July first through June thir-
    40  tieth, and shall consider only the highest score of individuals taking a
    41  test  more  than once.   When making such a determination the department
    42  may adjust its methodology for determining examination passage rates for
    43  one or more certification examinations to account for  sample  size  and
    44  accuracy.
    45    2.  The institution may submit an appeal of a suspension of a graduate
    46  program's ability to admit students or deregistration pursuant  to  this
    47  section  in  a manner and timeframe as prescribed by the commissioner in
    48  regulations. However, a program  that  has  had  its  ability  to  admit
    49  students  suspended  shall  not  admit  new  students while awaiting the
    50  commissioner's decision on any appeal. An institution  with  a  deregis-
    51  tered  program  shall  not  admit any new students in such program while
    52  awaiting the commissioner's decision on its  application  for  registra-
    53  tion.
    54    3. The department may also, as prescribed by the commissioner in regu-
    55  lations, conduct expedited suspension and registration reviews for grad-
    56  uate programs, pursuant to regulations of the commissioner.

        S. 2006--B                         112                        A. 3006--B
 
     1    §  3.  This  act  shall  take  effect  July 1, 2015, provided that the
     2  provisions of section one of this act shall first  apply  to  admissions
     3  requirements  for  programs  commencing  instruction on or after July 1,
     4  2016, and provided further that the authority of the board of regents to
     5  adopt  regulations  necessary to implement the provisions of this act on
     6  such effective date shall take effect immediately.
 
     7                                  SUBPART C
 
     8    Section 1. Section 3006 of the education law is amended  by  adding  a
     9  new subdivision 3 to read as follows:
    10    3.  Registration.  a.  Commencing  with  the two thousand sixteen--two
    11  thousand seventeen school year, any holder of a teaching certificate  in
    12  the  classroom  teaching  service,  teaching  assistant  certificate, or
    13  educational leadership certificate that is valid for life as  prescribed
    14  by  the  commissioner  in regulations shall be required to register with
    15  the department every five years in accordance with  regulations  of  the
    16  commissioner.  Such  regulations  shall  prescribe  the date or dates by
    17  which applications for initial registration must be  submitted  and  may
    18  provide  for  staggered initial registration and/or rolling re-registra-
    19  tion so that re-registrations are distributed  as  equally  as  possible
    20  throughout the year and across multiple years.
    21    b.  The  department  shall post an application for registration on its
    22  website. An application shall be submitted for  a  registration  certif-
    23  icate.  Except  as  otherwise  provided  in this section, the department
    24  shall renew the registration of each certificate holder upon receipt  of
    25  a proper application on a form prescribed by the department. Any certif-
    26  icate  holder  who fails to register by the beginning of the appropriate
    27  registration  period  may  be  subject  to  late  filing  penalties   as
    28  prescribed  by the commissioner. No certificate holder resuming practice
    29  after a lapse of registration shall be  permitted  to  practice  without
    30  verification of re-registration.
    31    c.  Any  certificate holder who is not engaging in the practice of his
    32  or her profession in this state and does not desire to register shall so
    33  advise the department. Such certificate holder shall not be  subject  to
    34  penalties  as  prescribed by the commissioner for failure to register at
    35  the beginning of the registration period.
    36    d. Certificate holders shall notify the department of  any  change  of
    37  name or mailing address within thirty days of such change. Willful fail-
    38  ure to register or provide such notice within one hundred eighty days of
    39  such  change  may  constitute  grounds  for moral character review under
    40  subdivision seven of section three hundred five of this chapter.
    41    § 2. The education law is amended by adding a new  section  3006-a  to
    42  read as follows:
    43    §  3006-a.  Registration  and  continuing teacher and leader education
    44  requirements for holders of professional certificates in  the  classroom
    45  teaching  service, holders of level III teaching assistant certificates,
    46  holders of  professional  certificates  in  the  educational  leadership
    47  service.  1.  a. Commencing  with the two thousand sixteen--two thousand
    48  seventeen school year, each holder of a professional certificate in  the
    49  classroom  teaching  service,  holder  of a level III teaching assistant
    50  certificate and holder of a professional certificate in the  educational
    51  leadership  service  shall be required to register every five years with
    52  the department to practice in  the  state  and  shall  comply  with  the
    53  provisions  of  the continuing teacher and leader education requirements
    54  set forth in this section.

        S. 2006--B                         113                        A. 3006--B
 
     1    b. Any of the certified individuals described in paragraph a  of  this
     2  subdivision  who do not satisfy the continuing teacher and leader educa-
     3  tion requirements shall not practice until they have met  such  require-
     4  ments  and  have  been issued a registration or conditional registration
     5  certificate.
     6    c.  In  accordance with the intent of this section, adjustments to the
     7  continuing teacher and leader education requirement may  be  granted  by
     8  the  department for reasons of health certified by a health care provid-
     9  er, for extended active duty with armed forces of the United States,  or
    10  for  other  good  cause  acceptable  to the department which may prevent
    11  compliance.
    12    d. Any certificate holder who is not practicing as a teacher, teaching
    13  assistant or educational leader in a school district or board of cooper-
    14  ative educational services in  this  state  shall  be  exempt  from  the
    15  continuing teacher and leader education requirement upon the filing of a
    16  written  statement with the department declaring such status. Any holder
    17  of a professional certificate in the classroom teaching service,  holder
    18  of  a  level  III teaching assistant certificate and holder of a profes-
    19  sional certificate in the educational  leadership  service  who  resumes
    20  practice  during  the  five-year  registration  period  shall notify the
    21  department prior to resuming practice and  shall  meet  such  continuing
    22  teacher  and  leader education requirements as prescribed in regulations
    23  of the commissioner.
    24    2. a. During each five-year registration period beginning on or  after
    25  July  first,  two  thousand sixteen, an applicant for registration shall
    26  successfully complete a minimum  of  one  hundred  hours  of  continuing
    27  teacher  and  leader  education,  as  defined  by  the commissioner. The
    28  department shall issue rigorous standards  for  courses,  programs,  and
    29  activities,  that  shall qualify as continuing teacher and leader educa-
    30  tion pursuant to this section. For purposes  of  this  section,  a  peer
    31  review  teacher,  or a principal acting as an independent trained evalu-
    32  ator, conducting a classroom observation as part of the  teacher  evalu-
    33  ation system pursuant to section three thousand twelve-d of this article
    34  may  credit  such  time towards his or her continuing teacher and leader
    35  effectiveness requirements.
    36    b. Nothing in this section shall limit the  ability  of  local  school
    37  districts to agree pursuant to collective bargaining to additional hours
    38  of  professional  development  or continuing teacher or leader education
    39  above the minimum requirements set forth in this section.
    40    c. A certified individual who has not satisfied the continuing teacher
    41  and leader education requirements shall not be issued a five-year regis-
    42  tration certificate by the department and shall not practice unless  and
    43  until  a  registration or conditional registration certificate is issued
    44  as provided in subdivision three of this section. For purposes  of  this
    45  subdivision,  "continuing  teacher  and  leader  education requirements"
    46  shall mean activities designed to improve the teacher or leader's  peda-
    47  gogical and/or leadership skills, targeted at improving student perform-
    48  ance,  including but not limited to formal continuing teacher and leader
    49  education activities. Such activities shall promote the professionaliza-
    50  tion of teaching and be closely aligned to district  goals  for  student
    51  performance  which  meet  the standards prescribed by regulations of the
    52  commissioner. To fulfill the continuing  teacher  and  leader  education
    53  requirement,  programs  must  be  taken  from  sponsors  approved by the
    54  department, which shall include but not be limited to school  districts,
    55  pursuant to the regulations of the commissioner.

        S. 2006--B                         114                        A. 3006--B
 
     1    3.  The  department, in its discretion, may issue a conditional regis-
     2  tration to a teacher, teaching assistant  or  educational  leader  in  a
     3  school  district  or  board  of cooperative educational services in this
     4  state who fails to meet the  continuing  teacher  and  leader  education
     5  requirements  established  in  subdivision  two  of this section but who
     6  agrees to make up any deficiencies and take  any  additional  continuing
     7  teacher and leader education which the department may require. The dura-
     8  tion of such conditional registration shall be determined by the depart-
     9  ment. Any holder of a professional certificate in the classroom teaching
    10  service,  holder of a level III teaching assistant certificate or holder
    11  of a professional certificate in the educational leadership service  and
    12  any  other certified individual required by the commissioner to register
    13  every five years who is notified of the denial of registration for fail-
    14  ure to submit evidence, satisfactory  to  the  department,  of  required
    15  continuing  teacher  and leader education and who practices without such
    16  registration, shall be subject to moral character review under  subdivi-
    17  sion seven of section three hundred five of this chapter.
    18    §  3.  This  act  shall  take  effect  July 1, 2015, provided that the
    19  provisions of section one of this act shall first  apply  to  admissions
    20  requirements  for  programs  commencing  instruction on or after July 1,
    21  2016, and provided further that the authority of the board of regents to
    22  adopt regulations necessary to implement the provisions of this  act  on
    23  such effective date shall take effect immediately.
 
    24                                  SUBPART D
 
    25    Section  1. Paragraphs (a) and (b) of subdivision 1 of section 2509 of
    26  the education law, paragraph (a) as amended by chapter 551 of  the  laws
    27  of  1976,  and  paragraph  (b)  as amended by chapter 468 of the laws of
    28  1975, are amended to read as follows:
    29    (a) i. Teachers  and  all  other  members  of  the  teaching  staff[,]
    30  appointed  prior  to  July first, two thousand fifteen and authorized by
    31  section twenty-five hundred three of this article, shall be appointed by
    32  the board of education, upon the recommendation of the superintendent of
    33  schools, for a probationary period of three years, except  that  in  the
    34  case  of  a  teacher  who has rendered satisfactory service as a regular
    35  substitute for a period of two years or as  a  seasonally  licensed  per
    36  session teacher of swimming in day schools who has served in that capac-
    37  ity  for  a period of two years and has been appointed to teach the same
    38  subject in day schools on an  annual  salary,  the  probationary  period
    39  shall  be  limited to one year; provided, however, that in the case of a
    40  teacher who has been appointed on  tenure  in  another  school  district
    41  within  the  state,  the  school district where currently employed, or a
    42  board of cooperative educational services, and  who  was  not  dismissed
    43  from  such  district or board as a result of charges brought pursuant to
    44  subdivision one of section three thousand twenty-a of this chapter,  the
    45  probationary  period shall not exceed two years. The service of a person
    46  appointed to any of such positions  may  be  discontinued  at  any  time
    47  during  such  probationary  period,  on the recommendation of the super-
    48  intendent of schools, by a majority vote of the board of education. Each
    49  person who is not to be recommended for appointment on tenure  shall  be
    50  so  notified  by the superintendent of schools in writing not later than
    51  sixty days immediately preceding  the  expiration  of  his  probationary
    52  period.
    53    ii.  Notwithstanding  any  other provision of law or regulation to the
    54  contrary, teachers and all other members of the teaching staff appointed

        S. 2006--B                         115                        A. 3006--B
 
     1  on or after July first, two thousand fifteen and authorized  by  section
     2  twenty-five  hundred  three  of  this article, shall be appointed by the
     3  board of education, upon the recommendation  of  the  superintendent  of
     4  schools,  for  a  probationary  period of four years, except that in the
     5  case of a teacher who has rendered satisfactory  service  as  a  regular
     6  substitute  for  a  period of two years and, if a classroom teacher, has
     7  received composite annual professional  performance  review  ratings  in
     8  each  of  those  years,  or  has  rendered  satisfactory  service  as  a
     9  seasonally licensed per session teacher of swimming in day  schools  who
    10  has  served  in  that  capacity  for  a period of two years and has been
    11  appointed to teach the same subject in day schools on an annual  salary,
    12  the  teacher  shall be appointed for a probationary period of two years;
    13  provided, however, that in the case of a teacher who has been  appointed
    14  on  tenure  in  another  school  district  within  the state, the school
    15  district where currently employed, or a board of cooperative educational
    16  services, and who was not dismissed from such district  or  board  as  a
    17  result  of  charges brought pursuant to subdivision one of section three
    18  thousand twenty-a or section three thousand twenty-b  of  this  chapter,
    19  the teacher shall be appointed for a probationary period of three years;
    20  provided that the teacher demonstrates that he or she received an annual
    21  professional  performance  review rating pursuant to section three thou-
    22  sand twelve-c or section three thousand twelve-d of this chapter in  his
    23  or  her  final year of service in such other school district or board of
    24  cooperative educational services. The service of a person  appointed  to
    25  any of such positions may be discontinued at any time during such proba-
    26  tionary  period, on the recommendation of the superintendent of schools,
    27  by a majority vote of the board of education. Each person who is not  to
    28  be  recommended  for  appointment  on tenure shall be so notified by the
    29  superintendent of schools in writing not later  than  sixty  days  imme-
    30  diately preceding the expiration of his/her probationary period.
    31    (b)  i.  Administrators,  directors,  supervisors,  principals and all
    32  other members of the supervising staff, except associate, assistant  and
    33  other  superintendents[,]  appointed  prior  to July first, two thousand
    34  fifteen and authorized by section  twenty-five  hundred  three  of  this
    35  article,  shall  be appointed by the board of education, upon the recom-
    36  mendation of the superintendent of schools for a probationary period  of
    37  three  years. The service of a person appointed to any of such positions
    38  may be discontinued at any time during the probationary  period  on  the
    39  recommendation  of  the superintendent of schools, by a majority vote of
    40  the board of education.
    41    ii. Notwithstanding any other provision of law or  regulation  to  the
    42  contrary,  administrators,  directors,  supervisors,  principals and all
    43  other members of the supervising staff, except associate, assistant  and
    44  other  superintendents,  appointed  on or after July first, two thousand
    45  fifteen and authorized by section  twenty-five  hundred  three  of  this
    46  article,  shall  be appointed by the board of education, upon the recom-
    47  mendation of the superintendent of schools for a probationary period  of
    48  four  years.  The service of a person appointed to any of such positions
    49  may be discontinued at any time during the probationary  period  on  the
    50  recommendation  of  the superintendent of schools, by a majority vote of
    51  the board of education.
    52    § 2. Subdivision 2 of section 2509 of the education law, as amended by
    53  section 6 of part A of chapter 57 of the laws of  2007,  is  amended  to
    54  read as follows:
    55    2.  a.  At  the  expiration  of  the  probationary term of any persons
    56  appointed for such term prior to July first, two  thousand  fifteen,  or

        S. 2006--B                         116                        A. 3006--B
 
     1  within  six  months  prior  thereto, the superintendent of schools shall
     2  make a written  report  to  the  board  of  education  recommending  for
     3  appointment on tenure those persons who have been found competent, effi-
     4  cient  and  satisfactory[,  consistent  with any applicable rules of the
     5  board of regents adopted pursuant to section three thousand twelve-b  of
     6  this  chapter].  By  a  majority  vote  the  board of education may then
     7  appoint on tenure any or all of the persons recommended  by  the  super-
     8  intendent of schools. Such persons and all others employed in the teach-
     9  ing  service  of the schools of such school district who have served the
    10  full probationary period shall hold their  respective  positions  during
    11  good  behavior  and  efficient  and  competent service, and shall not be
    12  removable except for cause after a hearing as provided by section  three
    13  thousand  twenty-a or section three thousand twenty-b of [such law] this
    14  chapter.  Failure to maintain certification as required by this  chapter
    15  and  the regulations of the commissioner [of education] shall constitute
    16  cause for removal.
    17    b. For persons appointed on or after July first, two thousand fifteen,
    18  at the expiration of the probationary term of any persons appointed  for
    19  such  term,  or  within  six months prior thereto, the superintendent of
    20  schools shall make a written report to the board of education recommend-
    21  ing for appointment on tenure those persons who have been  found  compe-
    22  tent,  efficient and satisfactory and in the case of a classroom teacher
    23  or building principal, who have received annual professional performance
    24  review ratings pursuant to section three thousand  twelve-c  or  section
    25  three  thousand  twelve-d of this chapter, of either effective or highly
    26  effective in at least three of the four preceding  years,  exclusive  of
    27  any   breaks  in  service;  provided  that,  notwithstanding  any  other
    28  provision of this section to the contrary, when a teacher  or  principal
    29  receives  an effective or highly effective rating in each year of his or
    30  her probationary service except he or she receives an ineffective rating
    31  in the final year of his or her probationary  period,  such  teacher  or
    32  principal shall not be eligible for tenure but the board of education in
    33  its  discretion,  may  extend  the  teacher's probationary period for an
    34  additional year; provided, however, that if such  teacher  or  principal
    35  successfully appealed such ineffective rating, such teacher or principal
    36  shall  immediately  be  eligible for tenure if the rating resulting from
    37  the appeal established that such individual has been effective or highly
    38  effective in at least three of the preceding  four  years  and  was  not
    39  ineffective  in  the final year. By a majority vote, the board of educa-
    40  tion may then appoint on tenure any or all of the persons recommended by
    41  the superintendent of schools.  At the expiration  of  the  probationary
    42  period,  the  classroom  teacher  or  building principal shall remain in
    43  probationary status until the end of  the  school  year  in  which  such
    44  teacher  or  principal  has received such ratings of effective or highly
    45  effective for at least three of the four preceding school  years  exclu-
    46  sive  of  any  breaks in service and subject to the terms hereof, during
    47  which time a board of education shall consider whether to  grant  tenure
    48  for  those  classroom teachers or building principals who otherwise have
    49  been found competent, efficient  and  satisfactory.  Provided,  however,
    50  that the board of education may grant tenure contingent upon a classroom
    51  teacher's  or  building  principal's  receipt of a minimum rating in the
    52  final year of the probationary period, pursuant to the  requirements  of
    53  this  section, and if such contingency is not met after all appeals have
    54  been exhausted, the grant of tenure shall be void and unenforceable  and
    55  the  teacher's  or  principal's  probationary  period may be extended in
    56  accordance with this subdivision. Such persons who have been recommended

        S. 2006--B                         117                        A. 3006--B
 
     1  for tenure and all others  employed  in  the  teaching  service  of  the
     2  schools  of  such  school district who have served the full probationary
     3  period as extended pursuant to this subdivision shall hold their respec-
     4  tive positions during good behavior and efficient and competent service,
     5  and  shall not be removable except for cause after a hearing as provided
     6  by section three thousand twenty-a or section three thousand twenty-b of
     7  this chapter. Failure to maintain  certification  as  required  by  this
     8  chapter  and  the regulations of the commissioner shall constitute cause
     9  for removal.
    10    § 3. Subdivisions 1, 5 and 6 of section 2573  of  the  education  law,
    11  subdivision  1  as amended by chapter 732 of the laws of 1971, paragraph
    12  (a) of subdivision 1 as amended by chapter 640  of  the  laws  of  1983,
    13  paragraph  (b) of subdivision 1 as amended by chapter 468 of the laws of
    14  1975, subdivisions 5 and 6 as amended by section 7 of part A of  chapter
    15  57 of the laws of 2007, are amended to read as follows:
    16    1.  (a)  i.  Teachers  and  all  other  members of the teaching staff,
    17  appointed prior to July first, two thousand fifteen  and  authorized  by
    18  section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
    19  appointed by the board of education,  upon  the  recommendation  of  the
    20  superintendent  of  schools,  for  a probationary period of three years,
    21  except that in the case of  a  teacher  who  has  rendered  satisfactory
    22  service  as  a  regular  substitute  for  a  period of two years or as a
    23  seasonally licensed per session teacher of swimming in day  schools  who
    24  has  served  in  that  capacity  for  a period of two years and has been
    25  appointed to teach the same subject in day schools on an annual  salary,
    26  the probationary period shall be limited to one year; provided, however,
    27  that in the case of a teacher who has been appointed on tenure in anoth-
    28  er school district within the state, the school district where currently
    29  employed,  or  a  board of cooperative educational services, and who was
    30  not dismissed from such district or board as a result of charges brought
    31  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    32  section three thousand twenty-b of this chapter, the probationary period
    33  shall  not  exceed  two  years; provided, however, that in cities with a
    34  population of one million or more, a teacher  appointed  under  a  newly
    35  created  license,  for  teachers of reading and of the emotionally hand-
    36  icapped, to a position which the teacher has held for at least two years
    37  prior to such appointment while serving on  tenure  in  another  license
    38  area  who  was  not dismissed as a result of charges brought pursuant to
    39  subdivision one of section three  thousand  twenty-a  or  section  three
    40  thousand  twenty-b of this chapter, the probationary period shall be one
    41  year. The service of a person appointed to any of such positions may  be
    42  discontinued  at any time during such probationary period, on the recom-
    43  mendation of the superintendent of schools, by a majority  vote  of  the
    44  board  of  education.    Each  person  who  is not to be recommended for
    45  appointment on tenure shall be so  notified  by  the  superintendent  of
    46  schools  in  writing not later than sixty days immediately preceding the
    47  expiration of his or her probationary period. In city  school  districts
    48  having  a  population  of  four  hundred  thousand or more, persons with
    49  licenses obtained as a result of examinations  announced  subsequent  to
    50  the twenty-second day of May, nineteen hundred sixty-nine appointed upon
    51  conditions that all announced requirements for the position be fulfilled
    52  within  a  specified period of time, shall not acquire tenure unless and
    53  until such requirements have been completed within  the  time  specified
    54  for the fulfillment of such requirements, notwithstanding the expiration
    55  of  any  probationary period. In all other city school districts subject
    56  to the provisions of this article, failure to maintain certification  as

        S. 2006--B                         118                        A. 3006--B
 
     1  required  by this article and by the regulations of the commissioner [of
     2  education] shall be cause for removal within the meaning of  subdivision
     3  five of this section.
     4    ii.  Teachers and all other members of the teaching staff appointed on
     5  or after July first, two thousand  fifteen  and  authorized  by  section
     6  twenty-five  hundred  fifty-four  of this article, shall be appointed by
     7  the board of education, upon the recommendation of the superintendent of
     8  schools, for a probationary period of four years,  except  that  in  the
     9  case  of  a  teacher  who has rendered satisfactory service as a regular
    10  substitute for a period of two years and, if a  classroom  teacher,  has
    11  received annual professional performance review ratings in each of those
    12  years, or has rendered satisfactory service as a seasonally licensed per
    13  session teacher of swimming in day schools who has served in that capac-
    14  ity  for  a period of two years and has been appointed to teach the same
    15  subject in day schools  on  an  annual  salary,  the  teacher  shall  be
    16  appointed  for  a  probationary  period of two years; provided, however,
    17  that in the case of a teacher who has been appointed on tenure in anoth-
    18  er school district within the state, the school district where currently
    19  employed, or a board of cooperative educational services,  and  who  was
    20  not dismissed from such district or board as a result of charges brought
    21  pursuant  to  subdivision  one  of  section  three  thousand twenty-a or
    22  section three thousand twenty-b of this chapter, the  teacher  shall  be
    23  appointed  for  a  probationary period of three years; provided that, in
    24  the case of a classroom teacher, the teacher demonstrates that he or she
    25  received an annual professional performance review  rating  pursuant  to
    26  section  three  thousand  twelve-c or section three thousand twelve-d of
    27  this chapter in his or her final year of service in  such  other  school
    28  district  or board of cooperative educational services; provided, howev-
    29  er, that in cities with a population of one million or more,  a  teacher
    30  appointed  under a newly created license, for teachers of reading and of
    31  the emotionally handicapped, to a position which the  teacher  has  held
    32  for at least two years prior to such appointment while serving on tenure
    33  in  another  license  area  who was not dismissed as a result of charges
    34  brought pursuant to subdivision one of section three  thousand  twenty-a
    35  or section three thousand twenty-b of this chapter, the teacher shall be
    36  appointed  for  a  probationary  period  of  two years. The service of a
    37  person appointed to any of such positions may  be  discontinued  at  any
    38  time  during  such  probationary  period,  on  the recommendation of the
    39  superintendent of schools, by a majority vote of the board of education.
    40  Each person who is not to be recommended for appointment on tenure shall
    41  be so notified by the superintendent of schools  in  writing  not  later
    42  than  sixty  days  immediately  preceding  the  expiration of his or her
    43  probationary period.  In  all  city  school  districts  subject  to  the
    44  provisions  of  this  article,  failure  to  maintain  certification  as
    45  required by this article and by  the  regulations  of  the  commissioner
    46  shall  be  cause  for  removal within the meaning of subdivision five of
    47  this section.
    48    (b) i. Administrators,  directors,  supervisors,  principals  and  all
    49  other  members  of  the  supervising  staff, except executive directors,
    50  associate, assistant, district and community superintendents and examin-
    51  ers, appointed prior to July first, two thousand fifteen and  authorized
    52  by  section  twenty-five  hundred  fifty-four  of this article, shall be
    53  appointed by the board of education,  upon  the  recommendation  of  the
    54  superintendent  or  chancellor  of schools, for a probationary period of
    55  three years. The service of a person appointed to any of such  positions
    56  may  be  discontinued  at any time during the probationary period on the

        S. 2006--B                         119                        A. 3006--B
 
     1  recommendation of the superintendent of schools, by a majority  vote  of
     2  the board of education.
     3    ii.  Administrators,  directors, supervisors, principals and all other
     4  members of the supervising staff, except executive directors, associate,
     5  assistant,  district  and  community  superintendents   and   examiners,
     6  appointed on or after July first, two thousand fifteen and authorized by
     7  section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
     8  appointed by the board of education,  upon  the  recommendation  of  the
     9  superintendent  or  chancellor  of schools, for a probationary period of
    10  four years provided that such probationary period  may  be  extended  in
    11  accordance  with  paragraph (b) of subdivision five of this section. The
    12  service of a person appointed to any of such positions may be discontin-
    13  ued at any time during the probationary period on the recommendation  of
    14  the superintendent of schools, by a majority vote of the board of educa-
    15  tion.
    16    5.  (a)  At  the  expiration  of  the probationary term of any persons
    17  appointed for such term prior to July first, two thousand  fifteen,  the
    18  superintendent  of  schools  shall make a written report to the board of
    19  education recommending for permanent appointment those persons who  have
    20  been  found  competent, efficient and satisfactory[, consistent with any
    21  applicable rules of the board of regents  adopted  pursuant  to  section
    22  three  thousand  twelve-b  of this chapter]. Such persons and all others
    23  employed in the teaching, service of the schools of  a  city,  who  have
    24  served  the  full probationary period, shall hold their respective posi-
    25  tions during good behavior and  efficient  and  competent  service,  and
    26  shall  not  be removable except for cause after a hearing as provided by
    27  section three thousand twenty-a or section three  thousand  twenty-b  of
    28  this chapter.
    29    (b)  At  the  expiration  of  the  probationary  term  of  any persons
    30  appointed for such term on or after July first,  two  thousand  fifteen,
    31  the  superintendent  of schools shall make a written report to the board
    32  of education recommending for permanent appointment  those  persons  who
    33  have  been  found competent, efficient and satisfactory and, in the case
    34  of a classroom teacher or building principal, who have received  compos-
    35  ite  annual  professional performance review ratings pursuant to section
    36  three thousand twelve-c or section three thousand twelve-d of this chap-
    37  ter, of either effective or highly effective in at least  three  of  the
    38  four preceding years, exclusive of any breaks in service; provided that,
    39  notwithstanding  any  other  provision  of this section to the contrary,
    40  when a teacher or principal receives an effective and/or  highly  effec-
    41  tive rating in each year of his or her probationary service except he or
    42  she  receives  an  ineffective  rating  in  the final year of his or her
    43  probationary period, such teacher or principal shall not be eligible for
    44  tenure but the board of education in  its  discretion,  may  extend  the
    45  teacher's probationary period for an additional year; provided, however,
    46  that if such teacher or principal successfully appealed such ineffective
    47  rating,  such  teacher  or  principal  shall immediately be eligible for
    48  tenure if the rating resulting from the  appeal  established  that  such
    49  individual  has  been effective or highly effective in at least three of
    50  the preceding four years. At the expiration of the probationary  period,
    51  the classroom teacher or building principal shall remain in probationary
    52  status until the end of the school year in which such teacher or princi-
    53  pal  has  received  such ratings of effective or highly effective for at
    54  least three of the four preceding school years, exclusive of any  breaks
    55  in service and subject to the terms hereof, during which time a board of
    56  education  shall  consider  whether  to grant tenure for those classroom

        S. 2006--B                         120                        A. 3006--B
 
     1  teachers or building principals who otherwise have been found competent,
     2  efficient and satisfactory. Provided, however, that the board of  educa-
     3  tion  may grant tenure contingent upon a classroom teacher's or building
     4  principal's  receipt of a minimum rating in the final year of the proba-
     5  tionary period, pursuant to the requirements of  this  section,  and  if
     6  such  contingency  is not met after all appeals have been exhausted, the
     7  grant of tenure shall be void and unenforceable  and  the  teacher's  or
     8  principal's  probationary period may be extended in accordance with this
     9  subdivision. Such persons who have been recommended for tenure  and  all
    10  others  employed  in  the teaching service of the schools of such school
    11  district who have served the full probationary period as extended pursu-
    12  ant to this subdivision shall hold  their  respective  positions  during
    13  good  behavior  and  efficient  and  competent service, and shall not be
    14  removable except for cause after a hearing as provided by section  three
    15  thousand  twenty-a  or  section three thousand twenty-b of this chapter.
    16  Failure to maintain certification as required by this  chapter  and  the
    17  regulations of the commissioner shall constitute cause for removal.
    18    6. (a) In a city having a population of four hundred thousand or more,
    19  at  the expiration of the probationary term of any persons appointed for
    20  such term prior to July first, two thousand fifteen, the  superintendent
    21  of  schools shall make a written report to the board of education recom-
    22  mending for permanent appointment those  persons  who  have  been  found
    23  satisfactory[,  consistent  with  any  applicable  rules of the board of
    24  regents adopted pursuant to section  three  thousand  twelve-b  of  this
    25  chapter], and such board of education shall immediately thereafter issue
    26  to such persons permanent certificates of appointment.  Such persons and
    27  all others employed in the teaching service of the schools of such city,
    28  who  have  served  the  full probationary period shall receive permanent
    29  certificates to teach issued to them  by  the  certificating  authority,
    30  except  as  otherwise provided in subdivision ten-a of this section, and
    31  shall hold their respective positions during good behavior and satisfac-
    32  tory teaching service, and shall not be removable except for cause after
    33  a hearing as provided by section  three  thousand  twenty-a  or  section
    34  three thousand twenty-b of this chapter.
    35    (b)  At  the  expiration  of  the  probationary  term  of  any persons
    36  appointed for such term on or after July first,  two  thousand  fifteen,
    37  the  superintendent  of schools shall make a written report to the board
    38  of education recommending for permanent appointment  those  persons  who
    39  have  been  found competent, efficient and satisfactory and, in the case
    40  of a classroom teacher or building principal, who have received  compos-
    41  ite  annual  professional performance review ratings pursuant to section
    42  three thousand twelve-c or section three thousand twelve-d of this chap-
    43  ter, of either effective or highly effective in at least  three  of  the
    44  four preceding years, exclusive of any breaks in service; provided that,
    45  notwithstanding  any  other  provision  of this section to the contrary,
    46  when a teacher receives an effective and/or highly effective  rating  in
    47  each  year  of his or her probationary service except he or she receives
    48  an ineffective rating in the final year of his or her probationary peri-
    49  od, such teacher or principal shall not be eligible for tenure  but  the
    50  board  of  education  in its discretion, may extend the teacher's proba-
    51  tionary period for an additional year; provided, however, that  if  such
    52  teacher or principal successfully appealed such ineffective rating, such
    53  teacher  or  principal  shall  immediately be eligible for tenure if the
    54  rating resulting from the appeal established that  such  individual  has
    55  been  effective  or  highly effective in at least three of the preceding
    56  four years and was not ineffective in the final year. At the  expiration

        S. 2006--B                         121                        A. 3006--B
 
     1  of  the probationary period, the classroom teacher or building principal
     2  shall remain in probationary status until the end of the school year  in
     3  which  such  teacher or principal has received such ratings of effective
     4  or  highly  effective  for  at  least three of the four preceding school
     5  years, exclusive of any breaks in service and subject to the terms here-
     6  of, during which time a board of education  shall  consider  whether  to
     7  grant  tenure  for  those  classroom teachers or building principals who
     8  otherwise  have  been  found  competent,  efficient  and   satisfactory.
     9  Provided,  however, that the board of education may grant tenure contin-
    10  gent upon a classroom teacher's or building  principal's  receipt  of  a
    11  minimum rating in the final year of the probationary period, pursuant to
    12  the  requirements  of  this  section, and if such contingency is not met
    13  after all appeals have been exhausted, the grant of tenure shall be void
    14  and unenforceable and the teacher's or principal's  probationary  period
    15  may  be  extended  in accordance with this subdivision. Such persons who
    16  have been recommended for tenure and all others employed in the teaching
    17  service of the schools of such school district who have served the  full
    18  probationary  period as extended pursuant to this subdivision shall hold
    19  their respective positions during good behavior and efficient and compe-
    20  tent service, and shall not be removable except for cause after a  hear-
    21  ing  as  provided  by  section  three thousand twenty-a or section three
    22  thousand twenty-b of this chapter. Failure to maintain certification  as
    23  required  by  this chapter and the regulations of the commissioner shall
    24  constitute cause for removal.
    25    § 4. Section 3012 of the education law, the section heading as amended
    26  by chapter 358 of the laws of 1978, subdivision 1 as amended by  chapter
    27  442  of  the  laws of 1980, paragraph (a) of subdivision 1 as amended by
    28  chapter 737 of the laws of 1992, subdivision 2 as amended by  section  8
    29  of  part  A of chapter 57 of the laws of 2007, subdivision 3 as added by
    30  chapter 859 of the laws of 1955 and as renumbered by chapter 717 of  the
    31  laws of 1970, is amended to read as follows:
    32    § 3012. Tenure:  certain  school districts. 1. (a) i. Teachers and all
    33  other members of the  teaching  staff  of  school  districts,  including
    34  common  school  districts  and/or  school districts employing fewer than
    35  eight teachers, other than city  school  districts,  who  are  appointed
    36  prior  to  July  first,  two thousand fifteen, shall be appointed by the
    37  board of education, or the trustees of common school districts, upon the
    38  recommendation of the superintendent  of  schools,  for  a  probationary
    39  period  of  three  years,  except  that in the case of a teacher who has
    40  rendered satisfactory service as a regular substitute for  a  period  of
    41  two years or as a seasonally licensed per session teacher of swimming in
    42  day  schools  who  has served in that capacity for a period of two years
    43  and has been appointed to teach the same subject in day schools,  on  an
    44  annual  salary,  the  probationary  period shall be limited to one year;
    45  provided, however, that in the case of a teacher who has been  appointed
    46  on  tenure  in  another  school  district  within  the state, the school
    47  district where currently employed, or a board of cooperative educational
    48  services, and who was not dismissed from such district  or  board  as  a
    49  result  of  charges brought pursuant to subdivision one of section three
    50  thousand twenty-a or section three thousand twenty-b of  this  [chapter]
    51  article, the probationary period shall not exceed two years. The service
    52  of  a  person  appointed to any of such positions may be discontinued at
    53  any time during such probationary period, on the recommendation  of  the
    54  superintendent  of schools, by a majority vote of the board of education
    55  or the trustees of a common school district.

        S. 2006--B                         122                        A. 3006--B
 
     1    ii. Teachers and all other members of the  teaching  staff  of  school
     2  districts,  including  common  school  districts and/or school districts
     3  employing fewer than eight teachers, other than city  school  districts,
     4  who are appointed on or after July first, two thousand fifteen, shall be
     5  appointed  by  the  board of education, or the trustees of common school
     6  districts, upon the recommendation of the superintendent of schools, for
     7  a probationary period of four years, except that in the case of a teach-
     8  er who has rendered satisfactory service as a regular substitute  for  a
     9  period  of  two  years  and, if a classroom teacher, has received annual
    10  professional performance review ratings in each of those years,  or  has
    11  rendered  satisfactory  service  as  a  seasonally  licensed per session
    12  teacher of swimming in day schools who has served in that capacity for a
    13  period of two years and has been appointed to teach the same subject  in
    14  day  schools,  on an annual salary, the teacher shall be appointed for a
    15  probationary period of two years; provided, however, that in the case of
    16  a teacher who has been appointed on tenure in  another  school  district
    17  within  the  state,  the  school district where currently employed, or a
    18  board of cooperative educational services, and  who  was  not  dismissed
    19  from  such  district or board as a result of charges brought pursuant to
    20  subdivision one of section three  thousand  twenty-a  or  section  three
    21  thousand  twenty-b of this article, the teacher shall be appointed for a
    22  probationary period of three years; provided that,  in  the  case  of  a
    23  classroom  teacher,  the teacher demonstrates that he or she received an
    24  annual professional performance review rating pursuant to section  three
    25  thousand  twelve-c or section three thousand twelve-d of this chapter in
    26  his or her final year of service in such other school district or  board
    27  of  cooperative  educational services. The service of a person appointed
    28  to any of such positions may be discontinued at  any  time  during  such
    29  probationary  period,  on  the  recommendation  of the superintendent of
    30  schools, by a majority vote of the board of education or the trustees of
    31  a common school district.
    32    (b) i. Principals, administrators, supervisors and all  other  members
    33  of  the  supervising  staff of school districts, including common school
    34  districts and/or school districts employing fewer than  eight  teachers,
    35  other than city school districts, who are appointed prior to July first,
    36  two  thousand  fifteen, shall be appointed by the board of education, or
    37  the trustees of a common school district, upon the recommendation of the
    38  superintendent of schools for a probationary period of three years.  The
    39  service of a person appointed to any of such positions may be discontin-
    40  ued  at any time during the probationary period on the recommendation of
    41  the superintendent of schools, by a majority vote of the board of educa-
    42  tion or the trustees of a common school district.
    43    ii. Principals, administrators, supervisors and all other  members  of
    44  the  supervising  staff  of  school  districts,  including common school
    45  districts and/or school districts employing fewer than  eight  teachers,
    46  other  than  city  school  districts, who are appointed on or after July
    47  first, two thousand fifteen, shall be appointed by the board  of  educa-
    48  tion,  or the trustees of a common school district, upon the recommenda-
    49  tion of the superintendent of schools for a probationary period of  four
    50  years. The service of a person appointed to any of such positions may be
    51  discontinued at any time during the probationary period on the recommen-
    52  dation of the superintendent of schools, by a majority vote of the board
    53  of education or the trustees of a common school district.
    54    (c) Any person previously appointed to tenure or a probationary period
    55  pursuant  to the provisions of former section three thousand thirteen of
    56  this [chapter] article shall continue  to  hold  such  position  and  be

        S. 2006--B                         123                        A. 3006--B
 
     1  governed  by the provisions of this section notwithstanding any contrary
     2  provision of law.
     3    2.  (a)  At  the  expiration  of  the  probationary  term  of a person
     4  appointed for such term prior  to  July  first,  two  thousand  fifteen,
     5  subject to the conditions of this section, the superintendent of schools
     6  shall make a written report to the board of education or the trustees of
     7  a  common  school  district recommending for appointment on tenure those
     8  persons who have been  found  competent,  efficient  and  satisfactory[,
     9  consistent  with  any  applicable  rules of the board of regents adopted
    10  pursuant to section three  thousand  twelve-b  of  this  article].  Such
    11  persons,  and all others employed in the teaching service of the schools
    12  of such union free school district, common school district and/or school
    13  district employing fewer than eight teachers, who have served the proba-
    14  tionary period as provided in this section, shall hold their  respective
    15  positions  during good behavior and efficient and competent service, and
    16  shall not be removed except for any of the  following  causes,  after  a
    17  hearing, as provided by section three thousand twenty-a or section three
    18  thousand  twenty-b  of  [such  law] this article:   (a) insubordination,
    19  immoral character or conduct unbecoming  a  teacher;  (b)  inefficiency,
    20  incompetency,  physical  or  mental  disability, or neglect of duty; (c)
    21  failure to maintain certification as required by this chapter and by the
    22  regulations of the commissioner.  Each person who is not  to  be  recom-
    23  mended  for  appointment  on  tenure, shall be so notified by the super-
    24  intendent of schools in writing not later than  sixty  days  immediately
    25  preceding the expiration of his probationary period.
    26    (b)  At  the expiration of the probationary term of a person appointed
    27  for such term on or after July first, two thousand fifteen,  subject  to
    28  the conditions of this section, the superintendent of schools shall make
    29  a  written  report to the board of education or the trustees of a common
    30  school district recommending for appointment on tenure those persons who
    31  have been found competent, efficient and satisfactory and, in  the  case
    32  of  a classroom teacher or building principal, who have received compos-
    33  ite annual professional performance review ratings pursuant  to  section
    34  three thousand twelve-c or section three thousand twelve-d of this arti-
    35  cle,  of  either  effective or highly effective in at least three of the
    36  four preceding years, exclusive of any breaks in service; provided that,
    37  notwithstanding any other provision of this  section  to  the  contrary,
    38  when  a  teacher  or principal receives an effective or highly effective
    39  rating in each year of his or her probationary service except he or  she
    40  receives  an  ineffective  rating in the final year of his or her proba-
    41  tionary period, such teacher shall not be eligible for  tenure  but  the
    42  board  of  education, in its discretion, may extend the teacher's proba-
    43  tionary period for an additional year; provided, however, that  if  such
    44  teacher or principal successfully appealed such ineffective rating, such
    45  teacher  or  principal  shall  immediately be eligible for tenure if the
    46  rating resulting from the appeal established that  such  individual  has
    47  been  effective  or  highly effective in at least three of the preceding
    48  four years and was not ineffective in the final year. At the  expiration
    49  of  the probationary period, the classroom teacher or building principal
    50  shall remain in probationary status until the end of the school year  in
    51  which  such  teacher or principal has received such ratings of effective
    52  or highly effective for at least three  of  the  four  preceding  school
    53  years,  exclusive  of  any  breaks  in service, and subject to the terms
    54  hereof, during which time the  trustees  or  board  of  education  shall
    55  consider  whether to grant tenure for those classroom teachers or build-
    56  ing principals who otherwise have been found  competent,  efficient  and

        S. 2006--B                         124                        A. 3006--B
 
     1  satisfactory. Provided, however, that the trustees or board of education
     2  may grant tenure contingent upon a classroom teacher's or building prin-
     3  cipal's  receipt of a minimum rating in the final year of the probation-
     4  ary  period,  pursuant  to the requirements of this section, and if such
     5  contingency is not met after all appeals have been exhausted, the  grant
     6  of  tenure  shall be void and unenforceable and the teacher's or princi-
     7  pal's probationary period may be extended in accordance with this subdi-
     8  vision. Such persons who have been recommended for tenure and all others
     9  employed in the teaching service of the schools of such school  district
    10  who  have  served  the  full probationary period as extended pursuant to
    11  this subdivision shall  hold  their  respective  positions  during  good
    12  behavior and efficient and competent service, and shall not be removable
    13  except  for  cause after a hearing as provided by section three thousand
    14  twenty-a or section three thousand twenty-b of this article. Failure  to
    15  maintain  certification  as required by this chapter and the regulations
    16  of the commissioner shall constitute cause for removal.
    17    3. Notwithstanding any other provision of this section  no  period  in
    18  any  school year for which there is no required service and/or for which
    19  no compensation is provided shall in any event  constitute  a  break  or
    20  suspension  of probationary period or continuity of tenure rights of any
    21  of the persons hereinabove described.
    22    § 5. Section 3014 of the education law, as added by chapter 583 of the
    23  laws of 1955, subdivision 1 as amended by chapter 551  of  the  laws  of
    24  1976,  subdivision 2 as amended by section 10 of part A of chapter 57 of
    25  the laws of 2007, is amended to read as follows:
    26    § 3014. Tenure: boards of cooperative educational services.    1.  (a)
    27  Administrative  assistants,  supervisors, teachers and all other members
    28  of the teaching and supervising staff of the board of cooperative educa-
    29  tional services appointed prior to July  first,  two  thousand  fifteen,
    30  shall be appointed by a majority vote of the board of cooperative educa-
    31  tional  services  upon the recommendation of the district superintendent
    32  of schools for a probationary period  of  not  to  exceed  three  years;
    33  provided,  however, that in the case of a teacher who has been appointed
    34  on tenure in a school district within the state, the  board  of  cooper-
    35  ative educational services where currently employed, or another board of
    36  cooperative  educational  services,  and who was not dismissed from such
    37  district or board as a result of charges brought pursuant to subdivision
    38  one of section three thousand twenty-a or section three  thousand  twen-
    39  ty-b of this [chapter] article, the probationary period shall not exceed
    40  two  years.  Services of a person so appointed to any such positions may
    41  be discontinued at any time during such probationary  period,  upon  the
    42  recommendation of the district superintendent, by a majority vote of the
    43  board of cooperative educational services.
    44    (b)  Administrative  assistants,  supervisors,  teachers and all other
    45  members of the teaching and supervising staff of the  board  of  cooper-
    46  ative  educational  services appointed on or after July first, two thou-
    47  sand fifteen, shall be appointed by a majority  vote  of  the  board  of
    48  cooperative educational services upon the recommendation of the district
    49  superintendent  of  schools  for  a probationary period of not to exceed
    50  four years; provided, however, that in the case of  a  teacher  who  has
    51  been  appointed  on  tenure  in  a school district within the state, the
    52  board of cooperative educational services where currently  employed,  or
    53  another  board  of  cooperative  educational  services,  and who was not
    54  dismissed from such district or board as a  result  of  charges  brought
    55  pursuant  to  section  three thousand twenty-a or section three thousand
    56  twenty-b of this article, the teacher shall be appointed  for  a  proba-

        S. 2006--B                         125                        A. 3006--B
 
     1  tionary period of three years; provided that, in the case of a classroom
     2  teacher,  the  teacher  demonstrates that he or she received a composite
     3  annual professional performance review rating pursuant to section  three
     4  thousand  twelve-c  or three thousand twelve-d of this chapter of either
     5  effective or highly effective in his or her final  year  of  service  in
     6  such other school district or board of cooperative educational services.
     7  Services  of  a person so appointed to any such positions may be discon-
     8  tinued at any time during such probationary period, upon the recommenda-
     9  tion of the district superintendent, by a majority vote of the board  of
    10  cooperative educational services.
    11    2.  (a)  On  or  before  the  expiration of the probationary term of a
    12  person appointed for  such  term  prior  to  July  first,  two  thousand
    13  fifteen,  the  district  superintendent  of schools shall make a written
    14  report to the board of cooperative educational services recommending for
    15  appointment on tenure persons who have been found  competent,  efficient
    16  and  satisfactory[, consistent with any applicable rules of the board of
    17  regents adopted pursuant to section  three  thousand  twelve-b  of  this
    18  article]. Such persons shall hold their respective positions during good
    19  behavior  and  competent  and efficient service and shall not be removed
    20  except for any of the following causes, after a hearing, as provided  by
    21  section  three  thousand  twenty-a or section three thousand twenty-b of
    22  [such law] this article: [(a)] (i) Insubordination, immoral character or
    23  conduct unbecoming a teacher;  [(b)]  (ii)  Inefficiency,  incompetency,
    24  [physical  or mental disability] or neglect of duty; [(c)] (iii) Failure
    25  to maintain certification as required by this chapter and by  the  regu-
    26  lations of the commissioner. Each person who is not to be so recommended
    27  for  appointment  on  tenure  shall  be  so  notified  in writing by the
    28  district superintendent not later than sixty days immediately  preceding
    29  the expiration of his or her probationary period.
    30    (b)  On  or before the expiration of the probationary term of a person
    31  appointed for such term on or after July first,  two  thousand  fifteen,
    32  the  district  superintendent  of schools shall make a written report to
    33  the board of cooperative educational services recommending for  appoint-
    34  ment  on  tenure  persons  who  have been found competent, efficient and
    35  satisfactory and, in the case of a classroom teacher or building princi-
    36  pal, who have received composite annual professional performance  review
    37  ratings  pursuant  to  section  three thousand twelve-c or section three
    38  thousand twelve-d of this article, of either effective or highly  effec-
    39  tive  in  at  least  three of the four preceding years, exclusive of any
    40  breaks in service; provided that, notwithstanding any other provision of
    41  this section to the contrary, when a teacher or  principal  receives  an
    42  effective  or  highly effective rating in each year of his or her proba-
    43  tionary service except he or she receives an ineffective rating  in  the
    44  final  year of his or her probationary period, such teacher shall not be
    45  eligible for tenure but the board of education in  its  discretion,  may
    46  extend  the  teacher's  probationary  period  for  an  additional  year;
    47  provided,  however  that  if  such  teacher  or  principal  successfully
    48  appealed  such ineffective rating, such teacher or principal shall imme-
    49  diately be eligible for tenure if the rating resulting from  the  appeal
    50  established  that such individual has been effective or highly effective
    51  in  at least three of the preceding four years and was  not  ineffective
    52  in  the  final year.   At the expiration of the probationary period, the
    53  classroom teacher or building principal  shall  remain  in  probationary
    54  status until the end of the school year in which such teacher or princi-
    55  pal  has  received  such ratings of effective or highly effective for at
    56  least three of the four preceding school years, exclusive of any  breaks

        S. 2006--B                         126                        A. 3006--B
 
     1  in  service,  during  which  time  a  board  of  cooperative educational
     2  services shall consider whether to  grant  tenure  for  those  classroom
     3  teachers or building principals who otherwise have been found competent,
     4  efficient and satisfactory. Provided, however, that the board of cooper-
     5  ative  educational services may grant tenure contingent upon a classroom
     6  teacher's or building principal's receipt of a  minimum  rating  in  the
     7  final  year  of the probationary period, pursuant to the requirements of
     8  this section, and if such contingency is not met after all appeals  have
     9  been  exhausted, the grant of tenure shall be void and unenforceable and
    10  the teacher's or principal's probationary  period  may  be  extended  in
    11  accordance  with this subdivision. Such persons shall hold their respec-
    12  tive positions during good behavior and competent and efficient  service
    13  and shall not be removed except for any of the following causes, after a
    14  hearing, as provided by section three thousand twenty-a or section three
    15  thousand  twenty-b of this article: (i) Insubordination, immoral charac-
    16  ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
    17  neglect of duty; (iii) Failure to maintain certification as required  by
    18  this chapter and by the regulations of the commissioner. Each person who
    19  is  not to be so recommended for appointment on tenure shall be so noti-
    20  fied in writing by the district superintendent not later than sixty days
    21  immediately preceding the expiration of his or her probationary period.
    22    § 6. Subdivision 1 of section 3012-c of the education law, as  amended
    23  by chapter 21 of the laws of 2012, is amended to read as follows:
    24    1.  Notwithstanding  any other provision of law, rule or regulation to
    25  the contrary, the annual professional performance reviews of all  class-
    26  room  teachers  and  building principals employed by school districts or
    27  boards of cooperative educational services shall be conducted in accord-
    28  ance with the provisions of this section. Such performance reviews which
    29  are conducted on or after July first, two  thousand  eleven,  or  on  or
    30  after  the  date  specified  in  paragraph  c of subdivision two of this
    31  section where applicable, shall include measures of student  achievement
    32  and  be  conducted  in accordance with this section. Such annual profes-
    33  sional performance reviews shall be a significant factor for  employment
    34  decisions  including  but  not  limited to, promotion, retention, tenure
    35  determination, termination, and supplemental compensation,  which  deci-
    36  sions  are  to  be  made in accordance with locally developed procedures
    37  negotiated pursuant to the requirements of article fourteen of the civil
    38  service law where applicable. Provided, however, that  nothing  in  this
    39  section shall be construed to affect the unfettered statutory right of a
    40  school  district  or board of cooperative educational services to termi-
    41  nate a probationary teacher or principal for any statutorily and consti-
    42  tutionally permissible reasons [other than the performance of the teach-
    43  er or principal in the classroom or school], including but  not  limited
    44  to  misconduct  and  until a tenure decision is made, the performance of
    45  the teacher or principal in the classroom.    Such  performance  reviews
    46  shall also be a significant factor in teacher and principal development,
    47  including  but not limited to, coaching, induction support and differen-
    48  tiated professional development, which are to be locally established  in
    49  accordance  with  procedures  negotiated pursuant to the requirements of
    50  article fourteen of the civil service law.
    51    § 7. Paragraph b of subdivision 5 of section 3012-c of  the  education
    52  law,  as  added by chapter 21 of the laws of 2012, is amended to read as
    53  follows:
    54    b. Nothing in this section shall be construed to alter or diminish the
    55  authority of the governing body of a school district or board of cooper-
    56  ative educational services to grant  or  deny  tenure  to  or  terminate

        S. 2006--B                         127                        A. 3006--B
 
     1  probationary  teachers  or  probationary  building principals during the
     2  pendency of an appeal pursuant  to  this  section  for  statutorily  and
     3  constitutionally  permissible  reasons [other than] including the teach-
     4  er's or principal's performance that is the subject of the appeal.
     5    § 8. This act shall take effect immediately.
 
     6                                  SUBPART E
 
     7    Section   1.   Authority  of  the  commissioner.  Notwithstanding  any
     8  provisions of section 3012-c of the education law to the  contrary,  the
     9  commissioner of the state education department, is hereby authorized and
    10  directed  to,  subject to the provisions of section 207 of the education
    11  law, adopt regulations of the commissioner and guidelines no later  than
    12  June  30,  2015,  to  implement a statewide annual teacher and principal
    13  evaluation system in New York state pursuant to section  3012-d  of  the
    14  education  law,  as added by this act, after consulting with experts and
    15  practitioners in the fields of education,  economics  and  psychometrics
    16  and  taking  into  consideration  the parameters set forth in the letter
    17  from the Chancellor of the Board  of  Regents  and  acting  commissioner
    18  dated  December  31, 2014, to the New York State Director of State Oper-
    19  ations. The commissioner shall also establish a process to accept public
    20  comments and  recommendations  regarding  the  adoption  of  regulations
    21  pursuant  to  section 3012-d of the education law and consult in writing
    22  with the Secretary of the  United  States  Department  of  Education  on
    23  weights, measures and ranking of evaluation categories and subcomponents
    24  and  shall  release the response from the Secretary upon receipt thereof
    25  but in any event prior to publication of the regulations hereunder.
    26    § 2. The education law is amended by adding a new  section  3012-d  to
    27  read as follows:
    28    §  3012-d.  Annual  teacher  and  principal  evaluations.   1. General
    29  provisions. Notwithstanding any other provision of law,  rule  or  regu-
    30  lation  to  the  contrary,  the annual teacher and principal evaluations
    31  (hereinafter, evaluations) implemented by districts shall  be  conducted
    32  in  accordance  with  the provisions of this section. Such annual evalu-
    33  ations shall be a significant factor for employment decisions  including
    34  but  not  limited to, promotion, retention, tenure determination, termi-
    35  nation, and supplemental compensation. Such evaluations shall also be  a
    36  significant  factor  in  teacher and principal development including but
    37  not limited to coaching, induction support, and  differentiated  profes-
    38  sional development.
    39    2. Definitions.
    40    a.  "District"  shall mean school district and/or board of cooperative
    41  educational services, except that for purposes of subdivision eleven  of
    42  this section it shall only mean a school district;
    43    b.  "Principal" shall mean a building principal or an administrator in
    44  charge of an instructional program of a board of cooperative educational
    45  services;
    46    c. "Student growth" shall mean the change in student  achievement  for
    47  an individual student between two or more points in time.
    48    d.  "State-designed supplemental assessment" shall mean a selection of
    49  state tests or assessments developed or designed by the state  education
    50  department, or that the state education department purchased or acquired
    51  from  (i)  another  state;  (ii)  an institution of higher education; or
    52  (iii) a commercial or not-for-profit entity, provided that  such  entity
    53  must  be objective and may not have a conflict of interest or appearance
    54  of a conflict of interest; such definition may include tests or  assess-

        S. 2006--B                         128                        A. 3006--B
 
     1  ments that have been previously designed or acquired by local districts,
     2  but only if the state education department significantly modifies growth
     3  targets  or  scoring  bands  for  such tests or assessments or otherwise
     4  adapts  the  test  or  assessment  to  the  state education department's
     5  requirements.
     6    3. Ratings. The annual evaluations conducted pursuant to this  section
     7  shall rate teacher and principal effectiveness using the following cate-
     8  gories: highly effective or "H", effective or "E", developing or "D" and
     9  ineffective or "I".
    10    4.  Categories. The annual evaluation system shall consist of multiple
    11  measures in two categories: student  performance  and  teacher  observa-
    12  tions.
    13    a. Student performance category. Such category shall have at least one
    14  subcomponent and an optional second subcomponent as follows:
    15    (1) For the first subcomponent, (A) for a teacher whose course ends in
    16  a state-created or administered test for which there is a state-provided
    17  growth  model,  such  teacher  shall  have a state-provided growth score
    18  based on such model; and (B) for a teacher whose course does not end  in
    19  a  state-created  or administered test such teacher shall have a student
    20  learning objective (SLO) consistent with a goal-setting  process  deter-
    21  mined or developed by the commissioner, that results in a student growth
    22  score;  provided  that,  for  any  teacher whose course ends in a state-
    23  created or administered assessment for which there is no  state-provided
    24  growth  model, such assessment must be used as the underlying assessment
    25  for such SLO;
    26    (2) For the optional  second  subcomponent,  a  district  may  locally
    27  select  a  second  measure  in  accordance  with this subparagraph. Such
    28  second measure shall apply in a consistent manner, to the extent practi-
    29  cable, across the district and be either: (A)  a  second  state-provided
    30  growth score on a state-created or administered test under clause (A) of
    31  subparagraph  one  of  this  paragraph, or (B) a growth score based on a
    32  state-designed supplemental assessment, calculated using a state-provid-
    33  ed or approved growth model.  The  optional  second  subcomponent  shall
    34  provide  options  for  multiple  assessment measures that are aligned to
    35  existing classroom and school best practices and take into consideration
    36  the recommendations in the  testing  reduction  report  as  required  by
    37  section  one  of  subpart  F  of the chapter of the laws of two thousand
    38  fifteen which added this section regarding the reduction of  unnecessary
    39  additional testing.
    40    The  commissioner  shall  determine the weights and scoring ranges for
    41  the subcomponent or subcomponents of the  student  performance  category
    42  that  shall result in a combined category rating. The commissioner shall
    43  also set parameters for appropriate targets for student growth for  both
    44  subcomponents,  and  the department must affirmatively approve and shall
    45  have the authority to disapprove or require  modifications  of  district
    46  plans  that  do  not  set  appropriate  growth  targets, including after
    47  initial approval. The commissioner shall set such weights and parameters
    48  consistent with the terms contained herein.
    49    b. Teacher observations category. The observations category for teach-
    50  ers shall be based on a state-approved rubric and shall  include  up  to
    51  three  subcomponents.    Such category must include:  (1) a subcomponent
    52  based on classroom  observations  conducted  by  a  principal  or  other
    53  trained  administrator and must also include (2) a subcomponent based on
    54  classroom observations by an impartial independent trained evaluator  or
    55  evaluators  selected  by  the district. An independent trained evaluator
    56  may be employed within the school district,  but  not  the  same  school

        S. 2006--B                         129                        A. 3006--B
 
     1  building, as the teacher being evaluated. Such category may also include
     2  a  subcomponent  based  on classroom observations conducted by a trained
     3  peer teacher rated effective or highly effective from the same school or
     4  from another school in the district.
     5    The commissioner shall determine the weights, and/or weighting options
     6  and  scoring  ranges  for the subcomponents of the observations category
     7  that result in a combined category rating. The commissioner  shall  also
     8  determine  the  minimum number of observations to be conducted annually,
     9  including frequency and  duration,  and  any  parameters  therefor.  The
    10  commissioner shall set such weights and scores consistent with the terms
    11  contained herein.
    12    5.  Rating  determination.  The  overall rating determination shall be
    13  determined according to a methodology as follows:
    14    a. The following rules shall apply: a teacher or principal who is  (1)
    15  rated  using  two  subcomponents in the student performance category and
    16  receives a rating of ineffective in such category shall be  rated  inef-
    17  fective  overall;  provided,  however,  that  if the measure used in the
    18  second subcomponent is a state-provided growth score on a  state-created
    19  or administered test pursuant to clause (A) of subparagraph one of para-
    20  graph  a of subdivision four of this section, a teacher or principal who
    21  receives a rating of ineffective in such category shall not be  eligible
    22  to  receive a rating of effective or highly effective overall; (2) rated
    23  using only the state measure subcomponent  in  the  student  performance
    24  category and receives a rating of ineffective in such category shall not
    25  be  eligible  to receive a rating of effective or highly effective over-
    26  all; and (3) rated ineffective  in  the  teacher  observations  category
    27  shall  not be eligible to receive a rating of effective or highly effec-
    28  tive overall.
    29    b. Except as otherwise provided in paragraph a of this subdivision,  a
    30  teacher's composite score shall be determined as follows:
    31    (1)  If  a  teacher receives an H in the teacher observation category,
    32  and an H in the student performance category,  the  teacher's  composite
    33  score shall be H;
    34    (2)  If  a  teacher receives an H in the teacher observation category,
    35  and an E in the student performance category,  the  teacher's  composite
    36  score shall be H;
    37    (3)  If  a  teacher receives an H in the teacher observation category,
    38  and a D in the student performance  category,  the  teacher's  composite
    39  score shall be E;
    40    (4)  If  a  teacher receives an H in the teacher observation category,
    41  and an I in the student performance category,  the  teacher's  composite
    42  score shall be D;
    43    (5)  If  a  teacher receives an E in the teacher observation category,
    44  and an H in the student performance category,  the  teacher's  composite
    45  score shall be H;
    46    (6)  If  a  teacher receives an E in the teacher observation category,
    47  and an E in the student performance category,  the  teacher's  composite
    48  score shall be E;
    49    (7)  If  a  teacher receives an E in the teacher observation category,
    50  and a D in the student performance  category,  the  teacher's  composite
    51  score shall be E;
    52    (8)  If  a  teacher receives an E in the teacher observation category,
    53  and an I in the student performance category,  the  teacher's  composite
    54  score shall be D;

        S. 2006--B                         130                        A. 3006--B
 
     1    (9) If a teacher receives a D in the teacher observation category, and
     2  an  H in the student performance category, the teacher's composite score
     3  shall be E;
     4    (10)  If  a  teacher receives a D in the teacher observation category,
     5  and an E in the student performance category,  the  teacher's  composite
     6  score shall be E;
     7    (11)  If  a  teacher receives a D in the teacher observation category,
     8  and a D in the student performance  category,  the  teacher's  composite
     9  score shall be D;
    10    (12)  If  a  teacher receives a D in the teacher observation category,
    11  and an I in the student performance category,  the  teacher's  composite
    12  score shall be I;
    13    (13)  If  a teacher receives an I in the teacher observation category,
    14  and an H in the student performance category,  the  teacher's  composite
    15  score shall be D;
    16    (14)  If  a teacher receives an I in the teacher observation category,
    17  and an E in the student performance category,  the  teacher's  composite
    18  score shall be D;
    19    (15)  If  a teacher receives an I in the teacher observation category,
    20  and a D in the student performance  category,  the  teacher's  composite
    21  score shall be I;
    22    (16)  If  a teacher receives an I in the teacher observation category,
    23  and an I in the student performance category,  the  teacher's  composite
    24  score shall be I.
    25    6.  Prohibited  elements.  The  following  elements shall no longer be
    26  eligible to be used in any  evaluation  subcomponent  pursuant  to  this
    27  section:
    28    a. evidence of student development and performance derived from lesson
    29  plans,  other  artifacts  of  teacher  practice, and student portfolios,
    30  except for student portfolios measured by a state-approved rubric  where
    31  permitted by the department;
    32    b. use of an instrument for parent or student feedback;
    33    c.  use of professional goal-setting as evidence of teacher or princi-
    34  pal effectiveness;
    35    d. any district or regionally-developed assessment that has  not  been
    36  approved by the department; and
    37    e.  any  growth  or  achievement target that does not meet the minimum
    38  standards as set forth in regulations of the commissioner adopted  here-
    39  under.
    40    7. The commissioner shall ensure that the process by which weights and
    41  scoring ranges are assigned to subcomponents and categories is transpar-
    42  ent  and  available  to  those  being rated before the beginning of each
    43  school year. Such process must ensure that it is possible for a  teacher
    44  or  principal  to  obtain any number of points in the applicable scoring
    45  ranges,  including  zero,  in  each  subcomponent.  The  superintendent,
    46  district  superintendent  or  chancellor  and  the representative of the
    47  collective bargaining unit (where  one  exists)  shall  certify  in  the
    48  district's  plan that the evaluation process shall use the standards for
    49  the scoring ranges provided by the commissioner. Provided, however, that
    50  in any event, the following rules shall apply: a  teacher  or  principal
    51  who is:
    52    a.  rated  using two subcomponents in the student performance category
    53  and receives a rating of ineffective in such  category  shall  be  rated
    54  ineffective  overall,  except  that  if  the  measure used in the second
    55  subcomponent is a second state-provided growth score on a state-adminis-
    56  tered or sponsored test pursuant to clause (A) of  subparagraph  one  of

        S. 2006--B                         131                        A. 3006--B
 
     1  paragraph  a of subdivision four of this section, a teacher or principal
     2  that receives a rating of ineffective in  such  category  shall  not  be
     3  eligible to receive a rating of effective or highly effective overall;
     4    b.  rated  using  only  the  state measure subcomponent in the student
     5  performance category and receives a rating of ineffective in such  cate-
     6  gory  shall  not  be eligible to receive a rating of effective or highly
     7  effective overall; and
     8    c. rated ineffective in the observations category shall not be  eligi-
     9  ble to receive a rating of effective or highly effective overall.
    10    8.  A student may not be instructed, for two consecutive school years,
    11  by any two teachers in the same district, each of whom received a rating
    12  of ineffective under an evaluation conducted pursuant to this section in
    13  the school year immediately prior  to  the  school  year  in  which  the
    14  student  is  placed  in  the  teacher's  classroom;  provided, that if a
    15  district deems it impracticable to comply  with  this  subdivision,  the
    16  district shall seek a waiver from the department from such requirement.
    17    9. Nothing in this section shall be construed to affect the unfettered
    18  statutory  right of a district to terminate a probationary (non-tenured)
    19  teacher or principal for any statutorily and constitutionally  permissi-
    20  ble reasons.
    21    10.  The  local  collective  bargaining representative shall negotiate
    22  with the district:
    23    a. whether to use a second measure, and, in the event  that  a  second
    24  measure  is  used, which measure to use, pursuant to subparagraph two of
    25  paragraph a of subdivision four of this section and
    26    b. how to implement the provisions of paragraph b of subdivision  four
    27  of  this  section,  and  associated  regulations  as  established by the
    28  commissioner, in accordance with article fourteen of the  civil  service
    29  law.
    30    11.  Notwithstanding  any  inconsistent  provision  of  law, no school
    31  district shall be eligible for an apportionment of general  support  for
    32  public  schools  from  the  funds appropriated for the 2015--2016 school
    33  year and any year thereafter in excess of the amount apportioned to such
    34  school district in the respective base year unless such school  district
    35  has  submitted  documentation that has been approved by the commissioner
    36  by November fifteenth, two thousand fifteen, or by  September  first  of
    37  each  subsequent  year,  demonstrating that it has fully implemented the
    38  standards and procedures for conducting  annual  teacher  and  principal
    39  evaluations  of  teachers and principals in accordance with the require-
    40  ments of this section and the regulations issued  by  the  commissioner.
    41  Provided  further  that  any  apportionment  withheld  pursuant  to this
    42  section shall not occur prior to April first of  the  current  year  and
    43  shall  not  have  any effect on the base year calculation for use in the
    44  subsequent school year.  For purposes of this section, "base year" shall
    45  mean the base year as defined in  paragraph  b  of  subdivision  one  of
    46  section thirty-six hundred two of this chapter, and "current year" shall
    47  mean  the  current  year as defined in paragraph a of subdivision one of
    48  section thirty-six hundred two of this chapter.
    49    12. Notwithstanding any other provision of law, rule or regulation  to
    50  the  contrary,  all  collective bargaining agreements entered into after
    51  April first, two thousand fifteen shall be consistent with the  require-
    52  ments  of this section, unless the agreement relates to the two thousand
    53  fourteen--two thousand fifteen school year only. Nothing in this section
    54  shall be construed to abrogate any conflicting provisions of any collec-
    55  tive bargaining agreement in effect on April first, two thousand fifteen
    56  during the term of such agreement and until the entry into  a  successor

        S. 2006--B                         132                        A. 3006--B
 
     1  collective bargaining agreement, provided that notwithstanding any other
     2  provision  of  law to the contrary, upon expiration of such term and the
     3  entry into a successor collective bargaining agreement the provisions of
     4  this section shall apply.
     5    13.  Any  reference in law to "annual professional performance review"
     6  shall be deemed to refer to an annual  professional  performance  review
     7  pursuant  to  section  three thousand twelve-c of this article or annual
     8  teacher and principal evaluations  pursuant  to  this  section  and  any
     9  references  to  section three thousand twelve-c of this article shall be
    10  deemed to refer to section  three  thousand  twelve-c  of  this  article
    11  and/or this section, as applicable.
    12    14.  The  commissioner  shall adopt regulations to align the principal
    13  evaluation system as set forth in section  three  thousand  twelve-c  of
    14  this article with the new teacher evaluation system set forth herein.
    15    15.  The  provisions of paragraphs d, k, k-1, k-2 and l of subdivision
    16  two and subdivisions four, five, five-a, nine, and ten of section  three
    17  thousand  twelve-c  of  this  article,  as  amended, shall apply to this
    18  section to the extent determined by the commissioner.
    19    § 3. This act shall take effect immediately.
 
    20                                  SUBPART F
 
    21    Section 1.   Testing reduction  report.  New  York  families  in  many
    22  districts  are expressing significant stress and anxiety from over-test-
    23  ing. The demands of state tests have been growing and there has been  an
    24  increase  in  the  number  of  local tests. As a result, testing in many
    25  districts has reached a level that  is  counterproductive  and  must  be
    26  addressed.  On  or  before  June 1, 2015, the Chancellor of the Board of
    27  Regents shall submit a report to the Governor, the  Temporary  President
    28  of the Senate, and the Speaker of the Assembly outlining recommendations
    29  that  shall  help to: reduce the amount of state and local student test-
    30  ing, improve the quality thereof, and thereby reduce test-related stress
    31  and anxiety for students and educators. The report shall outline ways in
    32  which any future testing in New York shall be implemented  in  a  manner
    33  that  minimizes classroom preparation, student stress and student anxie-
    34  ty. The Chancellor shall work with students, parents, educators,  school
    35  districts, and other relevant stakeholders in preparing the report.
    36    § 2. This act shall take effect immediately.
 
    37                                  SUBPART G
 
    38    Section  1.  Subdivision  7-a  of section 305 of the education law, as
    39  added by chapter 296 of the laws of 2008, is amended to read as follows:
    40    7-a. a. In addition to the authority to revoke and annul a certificate
    41  of qualification of a teacher in a proceeding brought pursuant to subdi-
    42  vision seven of this section, the commissioner shall be authorized,  and
    43  it shall be his or her duty, to revoke and annul in accordance with this
    44  subdivision  the  teaching  certificate  of a teacher convicted of a sex
    45  offense for which registration as a sex offender is required pursuant to
    46  article six-C of the correction law  or  of  any  other  violent  felony
    47  offense  or  offenses  committed against a child when such child was the
    48  intended victim of such offense.
    49    b. As used in this subdivision, the following  terms  shall  have  the
    50  following meanings:
    51    (1)  "conviction"  means  any  conviction whether by plea of guilty or
    52  nolo contendere or from a verdict after trial or otherwise;

        S. 2006--B                         133                        A. 3006--B
 
     1    (2) "sex offense" means an offense set forth  in  subdivision  two  or
     2  three  of  section  one  hundred  sixty-eight-a  of  the correction law,
     3  including an offense committed in any jurisdiction for which the  offen-
     4  der is required to register as a sex offender in New York;
     5    (3)  "teacher"  means  any  professional  educator  holding a teaching
     6  certificate as defined in subparagraph four of this paragraph, including
     7  but not limited  to  a  classroom  teacher,  teaching  assistant,  pupil
     8  personnel  services  professional, school administrator or supervisor or
     9  superintendent of schools; [and]
    10    (4) "teaching certificate" means the certificate or license  or  other
    11  certificate of qualification granted to a teacher by any authority what-
    12  soever; and
    13    (5)  "violent felony offense" means any offense as defined in subdivi-
    14  sion one of section 70.02 of the penal law.
    15    c. Upon receipt of a certified copy of a criminal history record show-
    16  ing that a teacher has been convicted of a sex offense or  sex  offenses
    17  or  a  violent felony offense or offenses committed against a child when
    18  such child was the intended victim of such offense or  upon  receipt  of
    19  notice  of such a conviction as provided in paragraph d of this subdivi-
    20  sion, the commissioner shall automatically revoke and annul the teaching
    21  certificate of such teacher without the right to a hearing. The  commis-
    22  sioner  shall  mail  notice  of the revocation and annulment pursuant to
    23  this subdivision by certified mail, return  receipt  requested,  and  by
    24  first-class  mail  directed  to the teacher at such teacher's last known
    25  address and, if different, the last address  filed  by  the  certificate
    26  holder  with  the commissioner and to the teacher's counsel of record in
    27  the criminal proceeding as reported in the notice pursuant to  paragraph
    28  d  of this subdivision. Such notice shall inform the teacher that his or
    29  her certificate has been revoked and annulled, identify the sex  offense
    30  or  sex offenses or violent felony offense or offenses committed against
    31  a child when such child was the intended victim of such offense of which
    32  the teacher has been convicted and shall  set  forth  the  procedure  to
    33  follow  if  the  teacher  denies he or she is the person who has been so
    34  convicted. If such teacher notifies the commissioner in  writing  within
    35  twenty-five  days after the date of receipt of the notice that he or she
    36  is not the same person as the convicted offender identified in the crim-
    37  inal record or identified pursuant to paragraph d of  this  subdivision,
    38  provides  proof to reasonably support such claim and the commissioner is
    39  satisfied the proof establishes  such  claim,  the  commissioner  shall,
    40  within  five  business  days  of the receipt of such proof, restore such
    41  teacher's teaching certificate retroactive to the date of revocation and
    42  annulment.
    43    d. Upon conviction of a teacher of  a  sex  offense  defined  in  this
    44  subdivision,  the  district  attorney or other prosecuting authority who
    45  obtained such conviction shall provide notice of such conviction to  the
    46  commissioner  identifying  the  sex  offense  or sex offenses or violent
    47  felony offense or offenses committed against a child when such child was
    48  the intended victim of such  offense  of  which  the  teacher  has  been
    49  convicted,  the  name and address of such offender and other identifying
    50  information prescribed by the  commissioner,  including  the  offender's
    51  date  of birth and social security number, to the extent consistent with
    52  federal and state laws governing personal privacy and confidentiality of
    53  information. Such notice  shall  also  include  the  name  and  business
    54  address of the offender's counsel of record in the criminal proceeding.
    55    e.  Upon  receipt  of  proof  that  the conviction or convictions that
    56  formed the basis for revocation and annulment of the teacher's  teaching

        S. 2006--B                         134                        A. 3006--B
 
     1  certificate pursuant to this subdivision have been set aside upon appeal
     2  or  otherwise  reversed,  vacated or annulled, the commissioner shall be
     3  required to conduct a due process hearing pursuant to subdivision  seven
     4  of  this  section  and  part eighty-three of title eight of the New York
     5  codes, rules and regulations prior  to  making  a  determination  as  to
     6  whether  to  reinstate the teacher's original teaching certificate. Such
     7  determination shall be made within ninety days after such proof has been
     8  received.
     9    f. Except as provided in paragraph g of this subdivision, and notwith-
    10  standing any other provision of law to the contrary, a teacher shall  be
    11  reinstated to his or her position of employment in a public school, with
    12  full  back  pay  and  benefits  from the date his or her certificate was
    13  revoked or annulled to the date of such reinstatement, under the follow-
    14  ing circumstances:
    15    (i) The termination of employment was based solely on  the  conviction
    16  of  a sex offense, or conviction of a violent felony offense or offenses
    17  committed against a child when such child was  the  intended  victim  of
    18  such  offense  or  the revocation or annulment of a certificate based on
    19  such conviction, and such conviction has been set  aside  on  appeal  or
    20  otherwise  reversed,  vacated or annulled and the commissioner has rein-
    21  stated the teacher's certification  pursuant  to  paragraph  e  of  this
    22  subdivision; or
    23    (ii)  The termination of employment was based solely on the conviction
    24  of a sex offense or violent felony offense or offenses committed against
    25  a child when such child was the intended victim of such offense  and  it
    26  has  been  determined  that  the  teacher  is not the same person as the
    27  convicted offender.
    28    g. If a teacher's employment was terminated as a result of a discipli-
    29  nary proceeding conducted pursuant to section three thousand twenty-a of
    30  this chapter or other disciplinary hearing  conducted  pursuant  to  any
    31  collective  bargaining  or  contractual agreement on one or more grounds
    32  other than conviction of a sex offense, or the revocation  or  annulment
    33  of  a  certificate based on such conviction, then nothing in paragraph f
    34  of this subdivision shall require a school district to reinstate employ-
    35  ment of such teacher or be liable for back pay or benefits.
    36    h. No provision of this  article  shall  be  deemed  to  preclude  the
    37  following:  (i)  the  commissioner from conducting a due process hearing
    38  pursuant to subdivision seven of this section and part  eighty-three  of
    39  title  eight  of  the  New  York codes, rules and regulations; or (ii) a
    40  school district or employing board from bringing a disciplinary proceed-
    41  ing pursuant to section three thousand twenty-a or three thousand  twen-
    42  ty-b of this chapter; or (iii) a school district or employing board from
    43  bringing  an alternative disciplinary proceeding conducted pursuant to a
    44  collective bargaining or contractual agreement.
    45    i. The commissioner shall be authorized to promulgate any  regulations
    46  necessary to implement the provisions of this subdivision.
    47    § 2. Subdivision 3 and paragraph a of subdivision 4 of section 3020 of
    48  the  education  law,  as amended by chapter 103 of the laws of 2010, are
    49  amended to read as follows:
    50    3. Notwithstanding any inconsistent provision of law,  the  procedures
    51  set  forth in section three thousand twenty-a of this article and subdi-
    52  vision seven of section twenty-five hundred ninety-j of this chapter may
    53  be modified or replaced by agreements negotiated between the city school
    54  district of the city of New York and any employee  organization  repres-
    55  enting employees or titles that are or were covered by any memorandum of
    56  agreement  executed  by  such  city  school  district and the council of

        S. 2006--B                         135                        A. 3006--B
 
     1  supervisors and administrators of the city  of  New  York  on  or  after
     2  December  first, nineteen hundred ninety-nine. Where such procedures are
     3  so modified or  replaced:  (i)  compliance  with  such  modification  or
     4  replacement  procedures shall satisfy any provision in this chapter that
     5  requires compliance with  section  three  thousand  twenty-a,  (ii)  any
     6  employee against whom charges have been preferred prior to the effective
     7  date of such modification or replacement shall continue to be subject to
     8  the  provisions  of  such  section as in effect on the date such charges
     9  were preferred, (iii) the provisions of subdivisions one and two of this
    10  section shall not apply to agreements negotiated pursuant to this subdi-
    11  vision, and (iv) in accordance with paragraph (e) of subdivision one  of
    12  section  two  hundred nine-a of the civil service law, such modification
    13  or replacement procedures contained in an agreement negotiated  pursuant
    14  to  this subdivision shall continue as terms of such agreement after its
    15  expiration until a new agreement is negotiated; provided that any alter-
    16  nate disciplinary procedures contained in a collective bargaining agree-
    17  ment that becomes effective on or after July  first,  two  thousand  ten
    18  shall  provide  for an expedited hearing process before a single hearing
    19  officer in accordance with subparagraph (i-a) of paragraph c of subdivi-
    20  sion three of section three thousand twenty-a of this article  in  cases
    21  in  which charges of incompetence are brought against a building princi-
    22  pal based solely upon an allegation of a pattern of ineffective teaching
    23  or performance as defined in section three  thousand  twelve-c  of  this
    24  article and shall provide that such a pattern of ineffective teaching or
    25  performance  shall  constitute very significant evidence of incompetence
    26  which may form the basis for just cause removal of the building  princi-
    27  pal  and  provided  further  that  any alternate disciplinary procedures
    28  contained in a collective bargaining agreement that becomes effective on
    29  or after July first, two thousand fifteen shall provide that  all  hear-
    30  ings  pursuant  to  sections  three  thousand twenty-a or three thousand
    31  twenty-b of this article shall be  conducted  before  a  single  hearing
    32  officer  and that two consecutive ineffective ratings pursuant to annual
    33  professional  performance  reviews  conducted  in  accordance  with  the
    34  provisions of section three thousand twelve-c or three thousand twelve-d
    35  of  this  article  shall constitute prima facie evidence of incompetence
    36  that can only be overcome by clear  and  convincing  evidence  that  the
    37  employee  is  not incompetent in light of all surrounding circumstances,
    38  and if not successfully  overcome,  the  finding,  absent  extraordinary
    39  circumstances,  shall  be just cause for removal, and that three consec-
    40  utive ineffective ratings pursuant to  annual  professional  performance
    41  reviews  conducted  in  accordance  with the provisions of section three
    42  thousand twelve-c or three  thousand  twelve-d  of  this  article  shall
    43  constitute  prima  facie evidence of incompetence that can only be over-
    44  come by clear and convincing evidence that the  calculation  of  one  or
    45  more of the principal's underlying components on the annual professional
    46  performance reviews pursuant to section three thousand twelve-c or three
    47  thousand twelve-d of this article was fraudulent, and if not successful-
    48  ly  overcome,  the finding, absent extraordinary circumstances, shall be
    49  just cause for removal.  For purposes of this subdivision,  fraud  shall
    50  include mistaken identity. Notwithstanding any inconsistent provision of
    51  law,  the  commissioner  shall  review  any  appeals  authorized by such
    52  modification or replacement procedures within fifteen days from  receipt
    53  by  such  commissioner  of the record of prior proceedings in the matter
    54  subject to appeal. Such review shall  have  preference  over  all  other
    55  appeals or proceedings pending before such commissioner.

        S. 2006--B                         136                        A. 3006--B
 
     1    a.  Notwithstanding  any inconsistent provision of law, the procedures
     2  set forth in section three thousand twenty-a of this article and  subdi-
     3  vision seven of section twenty-five hundred ninety-j of this chapter may
     4  be modified by agreements negotiated between the city school district of
     5  the  city of New York and any employee organization representing employ-
     6  ees or titles that are or were covered by any  memorandum  of  agreement
     7  executed  by  such  city  school  district  and the united federation of
     8  teachers on or after June tenth, two thousand two.   Where  such  proce-
     9  dures  are  so  modified:  (i)  compliance with such modified procedures
    10  shall satisfy any provision of this  chapter  that  requires  compliance
    11  with  section three thousand twenty-a of this article; (ii) any employee
    12  against whom charges have been preferred prior to the effective date  of
    13  such modification shall continue to be subject to the provisions of such
    14  section  as in effect on the date such charges were preferred; (iii) the
    15  provisions of subdivisions one and two of this section shall  not  apply
    16  to  agreements  negotiated  pursuant to this subdivision, except that no
    17  person enjoying the benefits of tenure shall be disciplined  or  removed
    18  during  a  term of employment except for just cause; and (iv) in accord-
    19  ance with paragraph (e) of subdivision one of section two hundred nine-a
    20  of the civil service law,  such  modified  procedures  contained  in  an
    21  agreement  negotiated  pursuant  to  this  subdivision shall continue as
    22  terms of such agreement after its expiration until a  new  agreement  is
    23  negotiated;  and provided further that any alternate disciplinary proce-
    24  dures contained in a collective bargaining agreement that becomes effec-
    25  tive on or after July first, two thousand ten shall provide for an expe-
    26  dited hearing process before a single hearing officer in accordance with
    27  subparagraph (i-a) of paragraph c of subdivision three of section  three
    28  thousand  twenty-a of this article in cases in which charges of incompe-
    29  tence are brought based solely upon an allegation of a pattern of  inef-
    30  fective  teaching  or  performance  as defined in section three thousand
    31  twelve-c of this article and shall provide that such a pattern of  inef-
    32  fective  teaching  or  performance  shall  constitute  very  significant
    33  evidence of incompetence  which  may  form  the  basis  for  just  cause
    34  removal, and provided further that any alternate disciplinary procedures
    35  contained in a collective bargaining agreement that becomes effective on
    36  or  after  July first, two thousand fifteen shall provide that all hear-
    37  ings pursuant to sections three  thousand  twenty-a  or  three  thousand
    38  twenty-b  of  this  article  shall  be conducted before a single hearing
    39  officer and that two consecutive ineffective ratings pursuant to  annual
    40  professional  performance  reviews  conducted  in  accordance  with  the
    41  provisions of section three thousand twelve-c or three thousand twelve-d
    42  of this article shall constitute prima facie  evidence  of  incompetence
    43  that  can  only  be  overcome  by clear and convincing evidence that the
    44  employee is not incompetent in light of all  surrounding  circumstances,
    45  and  if  not  successfully  overcome,  the finding, absent extraordinary
    46  circumstances, shall be just cause for removal, and that  three  consec-
    47  utive  ineffective  ratings  pursuant to annual professional performance
    48  reviews conducted in accordance with the  provisions  of  section  three
    49  thousand  twelve-c  or  three  thousand  twelve-d  of this article shall
    50  constitute prima facie evidence of incompetence that can only  be  over-
    51  come  by  clear  and  convincing evidence that the calculation of one or
    52  more of the teacher's underlying components on the  annual  professional
    53  performance reviews pursuant to section three thousand twelve-c or three
    54  thousand twelve-d of this article was fraudulent, and if not successful-
    55  ly  overcome,  the finding, absent extraordinary circumstances, shall be

        S. 2006--B                         137                        A. 3006--B
 
     1  just cause for removal.   For purposes of this  paragraph,  fraud  shall
     2  include mistaken identity.
     3    §  3.  Section 3020-a of the education law, as amended by section 1 of
     4  part B of chapter 57 of the laws of 2012, is amended to read as follows:
     5    § 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
     6  All charges against a person enjoying the benefits of tenure as provided
     7  in subdivision three of section eleven hundred two, and  sections  twen-
     8  ty-five  hundred  nine,  twenty-five  hundred seventy-three, twenty-five
     9  hundred ninety-j, three thousand twelve and three thousand  fourteen  of
    10  this  chapter  shall be in writing and filed with the clerk or secretary
    11  of the school district or employing board during the period between  the
    12  actual  opening and closing of the school year for which the employed is
    13  normally required to serve. Except as provided in subdivision  eight  of
    14  section  twenty-five  hundred  seventy-three  and  subdivision  seven of
    15  section twenty-five hundred ninety-j of this chapter, no  charges  under
    16  this section shall be brought more than three years after the occurrence
    17  of  the alleged incompetency or misconduct, except when the charge is of
    18  misconduct constituting a crime when committed.
    19    2. Disposition of charges. a. Upon receipt of the charges,  the  clerk
    20  or secretary of the school district or employing board shall immediately
    21  notify  said  board  thereof. Within five days after receipt of charges,
    22  the employing board, in executive session, shall determine, by a vote of
    23  a majority of all the members of  such  board,  whether  probable  cause
    24  exists  to  bring a disciplinary proceeding against an employee pursuant
    25  to this section. If such determination is affirmative, a written  state-
    26  ment  specifying  (i)  the  charges  in detail, (ii) the maximum penalty
    27  which will be imposed by the board if the employee does  not  request  a
    28  hearing  or  that  will  be sought by the board if the employee is found
    29  guilty of the charges after a hearing and (iii)  the  employee's  rights
    30  under  this  section,  shall  be  immediately  forwarded  to the accused
    31  employee by certified or registered mail, return receipt requested or by
    32  personal delivery to the employee.
    33    b. The employee may be suspended pending a hearing on the charges  and
    34  the  final  determination  thereof.  The  suspension  shall be with pay,
    35  except the employee may be suspended without pay  if  the  employee  has
    36  entered  a  guilty  plea  to  or  has  been  convicted of a felony crime
    37  concerning the criminal sale or possession of a controlled substance,  a
    38  precursor of a controlled substance, or drug paraphernalia as defined in
    39  article  two  hundred twenty or two hundred twenty-one of the penal law;
    40  or a felony crime involving the physical abuse of a minor or student.
    41    c. Where charges of misconduct constituting physical or  sexual  abuse
    42  of  a  student are brought on or after July first, two thousand fifteen,
    43  the board of education may suspend the employee without pay  pending  an
    44  expedited  hearing  pursuant  to  subparagraph  (i-a)  of paragraph c of
    45  subdivision three of this section.  Notwithstanding any other law, rule,
    46  or regulation to the contrary, the commissioner shall establish a  proc-
    47  ess  in  regulations  for  a  probable cause hearing before an impartial
    48  hearing officer within ten days to determine  whether  the  decision  to
    49  suspend  an  employee  without  pay pursuant to this paragraph should be
    50  continued or reversed.  The process for selection of an impartial  hear-
    51  ing  officer shall be as similar as possible to the regulatory framework
    52  for the appointment of an impartial  hearing  officer  for  due  process
    53  complaints  pursuant to section forty-four hundred four of this chapter.
    54  The hearing officer shall determine whether probable cause supports  the
    55  charges  and  shall  reverse  the  decision of the board of education to
    56  suspend the employee without pay and reinstate such pay upon  a  finding

        S. 2006--B                         138                        A. 3006--B
 
     1  that  probable  cause does not support the charges.  The hearing officer
     2  may also reinstate pay upon a written determination  that  a  suspension
     3  without  pay  is  grossly  disproportionate  in light of all surrounding
     4  circumstances.  Provided, further, that such an employee shall be eligi-
     5  ble  to receive reimbursement for withheld pay and accrued interest at a
     6  rate of six percent compounded annually if the hearing officer finds  in
     7  his  or  her  favor,  either at the probable cause hearing or in a final
     8  determination pursuant to the expedited hearing held pursuant to subpar-
     9  agraph (i-a) of paragraph c of subdivision three of  this  section.  Any
    10  suspension  without pay shall last no longer than one hundred and twenty
    11  days from the decision of the board of education to suspend the employee
    12  without pay and such suspension shall only relate  to  employee  compen-
    13  sation, exclusive of other benefits and guarantees.  Notwithstanding any
    14  other provision of law or regulation to the contrary, any provision of a
    15  collective  bargaining agreement entered into by the city of New York as
    16  of April first, two thousand fifteen, that provides for suspension with-
    17  out pay for offenses as specified in this paragraph shall supersede  the
    18  provisions  hereof and shall continue in effect without modification and
    19  may be extended.
    20    d. The employee shall be terminated without a hearing, as provided for
    21  in this section, upon conviction of a sex offense, as defined in subpar-
    22  agraph two of paragraph  b  of  subdivision  seven-a  of  section  three
    23  hundred  five  of this chapter. To the extent this section applies to an
    24  employee acting as a school administrator or supervisor, as  defined  in
    25  subparagraph  three  of  paragraph  b  of subdivision seven-b of section
    26  three hundred five of this chapter, such employee  shall  be  terminated
    27  without a hearing, as provided for in this section, upon conviction of a
    28  felony offense defined in subparagraph two of paragraph b of subdivision
    29  seven-b of section three hundred five of this chapter.
    30    [c.  Within]  e.  (i)  For hearings commenced by the filing of charges
    31  prior to July first, two thousand fifteen, within ten days of receipt of
    32  the statement of charges, the employee shall notify the clerk or  secre-
    33  tary of the employing board in writing whether he or she desires a hear-
    34  ing on the charges and when the charges concern pedagogical incompetence
    35  or  issues involving pedagogical judgment, his or her choice of either a
    36  single hearing officer or a three member panel, provided  that  a  three
    37  member  panel  shall not be available where the charges concern pedagog-
    38  ical incompetence based solely upon a teacher's or  principal's  pattern
    39  of ineffective teaching or performance as defined in section three thou-
    40  sand  twelve-c  of  this  article. All other charges shall be heard by a
    41  single hearing officer.
    42    (ii) All hearings commenced by the filing of charges on or after  July
    43  first, two thousand fifteen shall be heard by a single hearing officer.
    44    [d.]  f.  The unexcused failure of the employee to notify the clerk or
    45  secretary of his or her desire for a hearing  within  ten  days  of  the
    46  receipt  of  charges shall be deemed a waiver of the right to a hearing.
    47  Where an employee requests a hearing in the manner provided for by  this
    48  section, the clerk or secretary of the board shall, within three working
    49  days of receipt of the employee's notice or request for a hearing, noti-
    50  fy  the  commissioner  of the need for a hearing. If the employee waives
    51  his or her right to a hearing the employing board shall proceed,  within
    52  fifteen  days,  by a vote of a majority of all members of such board, to
    53  determine the case and fix the penalty, if any, to be imposed in accord-
    54  ance with subdivision four of this section.
    55    3. Hearings. a. Notice of hearing. Upon receipt of  a  request  for  a
    56  hearing  in accordance with subdivision two of this section, the commis-

        S. 2006--B                         139                        A. 3006--B
 
     1  sioner shall  forthwith  notify  the  American  Arbitration  Association
     2  (hereinafter  "association") of the need for a hearing and shall request
     3  the association to provide to the commissioner forthwith a list of names
     4  of  persons  chosen  by  the association from the association's panel of
     5  labor arbitrators to potentially serve as hearing officers together with
     6  relevant biographical information on each arbitrator.  Upon  receipt  of
     7  said list and biographical information, the commissioner shall forthwith
     8  send  a  copy  of  both  simultaneously  to  the employing board and the
     9  employee. The commissioner shall also  simultaneously  notify  both  the
    10  employing  board  and  the  employee of each potential hearing officer's
    11  record in the last five cases  of  commencing  and  completing  hearings
    12  within the time periods prescribed in this section.
    13    b.  (i)  Hearing officers. All hearings pursuant to this section shall
    14  be conducted before and by a single hearing officer selected as provided
    15  for in this section. A hearing officer shall not be eligible to serve in
    16  such position if he or she is a resident of the school  district,  other
    17  than  the  city  of  New  York,  under the jurisdiction of the employing
    18  board, an employee, agent or representative of the employing board or of
    19  any labor organization representing employees of such  employing  board,
    20  has  served as such agent or representative within two years of the date
    21  of the scheduled hearing, or if he or she is then serving as a  mediator
    22  or fact finder in the same school district.
    23    (A) Notwithstanding any other provision of law, for hearings commenced
    24  by  the filing of charges prior to April first, two thousand twelve, the
    25  hearing officer shall be compensated by the department with the  custom-
    26  ary  fee  paid  for  service  as an arbitrator under the auspices of the
    27  association for each day of actual service  plus  necessary  travel  and
    28  other  reasonable  expenses  incurred  in  the performance of his or her
    29  duties. All other expenses of the disciplinary proceedings commenced  by
    30  the filing of charges prior to April first, two thousand twelve shall be
    31  paid  in  accordance  with rules promulgated by the commissioner. Claims
    32  for such compensation for days of actual service and  reimbursement  for
    33  necessary travel and other expenses for hearings commenced by the filing
    34  of  charges prior to April first, two thousand twelve shall be paid from
    35  an appropriation for such purpose in the order in which they  have  been
    36  approved  by  the commissioner for payment, provided payment shall first
    37  be made for any other hearing costs payable by the commissioner, includ-
    38  ing the costs of transcribing the record, and provided further  that  no
    39  such  claim  shall  be  set  aside  for insufficiency of funds to make a
    40  complete payment, but shall be eligible for a  partial  payment  in  one
    41  year and shall retain its priority date status for appropriations desig-
    42  nated for such purpose in future years.
    43    (B)  Notwithstanding any other provision of law, rule or regulation to
    44  the contrary, for hearings commenced by the  filing  of  charges  on  or
    45  after  April  first,  two  thousand twelve, the hearing officer shall be
    46  compensated by the department for each day of actual service plus neces-
    47  sary travel and other reasonable expenses incurred in the performance of
    48  his or her duties, provided that  the  commissioner  shall  establish  a
    49  schedule  for maximum rates of compensation of hearing officers based on
    50  customary and reasonable fees for service as an arbitrator  and  provide
    51  for limitations on the number of study hours that may be claimed.
    52    (ii)  The  commissioner  shall  mail  to  the  employing board and the
    53  employee the list of potential hearing officers and biographies provided
    54  to the commissioner by the association,  the  employing  board  and  the
    55  employee, individually or through their agents or representatives, shall

        S. 2006--B                         140                        A. 3006--B
 
     1  by  mutual  agreement select a hearing officer from said list to conduct
     2  the hearing and shall notify the commissioner of their selection.
     3    (iii)  Within fifteen days after receiving the list of potential hear-
     4  ing officers as described in subparagraph (ii) of  this  paragraph,  the
     5  employing  board  and the employee shall each notify the commissioner of
     6  their agreed upon hearing officer selection. If the employing board  and
     7  the  employee fail to agree on an arbitrator to serve as a hearing offi-
     8  cer from the list of potential hearing officers, or fail to  notify  the
     9  commissioner  of  a  selection  within such fifteen day time period, the
    10  commissioner  shall  appoint  a  hearing  officer  from  the  list.  The
    11  provisions  of  this subparagraph shall not apply in cities with a popu-
    12  lation of one million or more with alternative procedures  specified  in
    13  section three thousand twenty of this article.
    14    (iv)  In  those cases commenced by the filing of charges prior to July
    15  first, two thousand fifteen in which the employee  elects  to  have  the
    16  charges heard by a hearing panel, the hearing panel shall consist of the
    17  hearing  officer,  selected in accordance with this subdivision, and two
    18  additional persons, one selected by the employee and one selected by the
    19  employing board, from a list maintained for such purpose by the  commis-
    20  sioner. The list shall be composed of professional personnel with admin-
    21  istrative  or supervisory responsibility, professional personnel without
    22  administrative or supervisory responsibility, chief  school  administra-
    23  tors,  members  of  employing  boards  and others selected from lists of
    24  nominees  submitted  to  the  commissioner  by  statewide  organizations
    25  representing  teachers,  school  administrators  and supervisors and the
    26  employing boards. Hearing panel members other than the  hearing  officer
    27  shall  be  compensated  by  the  department  at  the rate of one hundred
    28  dollars for each day of actual service plus necessary travel and subsis-
    29  tence expenses. The hearing officer shall be compensated as set forth in
    30  this subdivision. The hearing officer shall be the  chairperson  of  the
    31  hearing panel.
    32    c.  Hearing  procedures. (i) (A) The commissioner shall have the power
    33  to establish necessary rules and procedures for the conduct of  hearings
    34  under this section.
    35    (B)  The  department  shall be authorized to monitor and investigate a
    36  hearing officer's compliance with statutory timelines pursuant  to  this
    37  section. The commissioner shall annually inform all hearing officers who
    38  have heard cases pursuant to this section during the preceding year that
    39  the time periods prescribed in this section for conducting such hearings
    40  are  to  be strictly followed. A record of continued failure to commence
    41  and complete hearings within the time periods prescribed in this section
    42  shall be considered grounds for the commissioner to exclude  such  indi-
    43  vidual from the list of potential hearing officers sent to the employing
    44  board and the employee for such hearings.
    45    (C)  Such  rules  shall not require compliance with technical rules of
    46  evidence. Hearings shall be conducted by the  hearing  officer  selected
    47  pursuant  to  paragraph b of this subdivision with full and fair disclo-
    48  sure of the nature of the case and evidence against the employee by  the
    49  employing  board and shall be public or private at the discretion of the
    50  employee and provided further that the hearing officer, at the pre-hear-
    51  ing conference, shall set a  schedule  and  manner  for  full  and  fair
    52  disclosure  of the witnesses and evidence to be offered by the employee.
    53  The employee shall have a reasonable opportunity to  defend  himself  or
    54  herself  and  an  opportunity  to  testify in his or her own behalf. The
    55  employee shall not be required to testify. Each  party  shall  have  the
    56  right to be represented by counsel, to subpoena witnesses, and to cross-

        S. 2006--B                         141                        A. 3006--B
 
     1  examine  witnesses.  All  testimony  taken shall be under oath which the
     2  hearing officer is hereby authorized  to  administer.  A  child  witness
     3  under the age of fourteen may be permitted to testify through the use of
     4  live,  two-way  closed-circuit  television,  as  such term is defined in
     5  subdivision four of section 65.00 of the criminal  procedure  law,  when
     6  the hearing officer, after providing the employee with an opportunity to
     7  be  heard,  determines  by clear and convincing evidence that such child
     8  witness would suffer  serious  mental  or  emotional  harm  which  would
     9  substantially  impair such child's ability to communicate if required to
    10  testify at the hearing without the use of live,  two-way  closed-circuit
    11  television  and  that the use of such live, two-way closed-circuit tele-
    12  vision will diminish the likelihood or extent of such  harm.  In  making
    13  such  determination,  the  hearing officer shall consider any applicable
    14  factors contained in subdivision ten of section 65.20  of  the  criminal
    15  procedure  law.  Where  the  hearing  officer determines that such child
    16  witness will be permitted to testify through the use  of  live,  two-way
    17  closed-circuit  television, the testimony of such child witness shall be
    18  taken in a manner consistent with section 65.30 of the  criminal  proce-
    19  dure law.
    20    (D) An accurate record of the proceedings shall be kept at the expense
    21  of  the  department  at  each  such hearing in accordance with the regu-
    22  lations of the commissioner. A copy of the record of the hearings shall,
    23  upon request, be furnished without charge to the employee and the  board
    24  of education involved. The department shall be authorized to utilize any
    25  new  technology  or such other appropriate means to transcribe or record
    26  such hearings in an accurate,  reliable,  efficient  and  cost-effective
    27  manner  without  any  charge  to  the  employee  or  board  of education
    28  involved.
    29    (i-a)(A) [Where charges of incompetence are brought based solely  upon
    30  a  pattern of ineffective teaching or performance of a classroom teacher
    31  or principal, as defined in section  three  thousand  twelve-c  of  this
    32  article,  the  hearing shall be conducted before and by a single hearing
    33  officer in an expedited hearing, which shall commence within seven  days
    34  after  the  pre-hearing  conference  and shall be completed within sixty
    35  days after the pre-hearing conference. The hearing officer shall  estab-
    36  lish a hearing schedule at the pre-hearing conference to ensure that the
    37  expedited  hearing  is  completed  within the required timeframes and to
    38  ensure an equitable distribution of days between the employing board and
    39  the charged employee. Notwithstanding any other law, rule or  regulation
    40  to  the  contrary,  no adjournments may be granted that would extend the
    41  hearing beyond such sixty days, except as authorized  in  this  subpara-
    42  graph.  A  hearing  officer,  upon request, may grant a limited and time
    43  specific adjournment that would extend the  hearing  beyond  such  sixty
    44  days if the hearing officer determines that the delay is attributable to
    45  a  circumstance  or  occurrence  substantially beyond the control of the
    46  requesting party and an injustice would result if the  adjournment  were
    47  not granted.
    48    (B)  Such  charges shall allege that the employing board has developed
    49  and substantially implemented a teacher or principal improvement plan in
    50  accordance with subdivision four of section three thousand  twelve-c  of
    51  this  article  for  the employee following the first evaluation in which
    52  the employee was rated ineffective, and the immediately preceding evalu-
    53  ation if the employee was rated developing.  Notwithstanding  any  other
    54  provision  of  law to the contrary, a pattern of ineffective teaching or
    55  performance as defined in section three thousand twelve-c of this  arti-
    56  cle  shall  constitute  very  significant  evidence  of incompetence for

        S. 2006--B                         142                        A. 3006--B

     1  purposes of this  section.    Nothing  in  this  subparagraph  shall  be
     2  construed  to limit the defenses which the employee may place before the
     3  hearing officer in challenging the allegation of a pattern  of  ineffec-
     4  tive teaching or performance.
     5    (C)  The  commissioner  shall annually inform all hearing officers who
     6  have heard cases pursuant to this section during the preceding year that
     7  the time periods prescribed in this subparagraph  for  conducting  expe-
     8  dited  hearings are to be strictly followed. A record of continued fail-
     9  ure to commence and complete expedited hearings within the time  periods
    10  prescribed  in  this  subparagraph  shall  be considered grounds for the
    11  commissioner to exclude such individual from the list of potential hear-
    12  ing officers sent to the employing board and the employee for such expe-
    13  dited hearings.] Where charges of misconduct  constituting  physical  or
    14  sexual  abuse  of  a student are brought, the hearing shall be conducted
    15  before and by a single hearing officer in an  expedited  hearing,  which
    16  shall  commence  within  seven days after the pre-hearing conference and
    17  shall be completed within sixty days after the  pre-hearing  conference.
    18  The  hearing officer shall establish a hearing schedule at the pre-hear-
    19  ing conference to ensure that the expedited hearing is completed  within
    20  the  required timeframes and to ensure an equitable distribution of days
    21  between the employing board and the  charged  employee.  Notwithstanding
    22  any  other  law, rule or regulation to the contrary, no adjournments may
    23  be granted that would extend the hearing beyond such sixty days,  except
    24  as authorized in this subparagraph. A hearing officer, upon request, may
    25  grant  a  limited  and  time  specific adjournment that would extend the
    26  hearing beyond such sixty days if the hearing  officer  determines  that
    27  the  delay is attributable to a circumstance or occurrence substantially
    28  beyond the control of the requesting party and an injustice would result
    29  if the adjournment were not granted.
    30    (B) The commissioner shall annually inform all  hearing  officers  who
    31  have heard cases pursuant to this section during the preceding year that
    32  the  time  periods  prescribed in this subparagraph for conducting expe-
    33  dited hearings are to be strictly followed and failure to do so shall be
    34  considered grounds for the commissioner to exclude such individual  from
    35  the  list  of potential hearing officers sent to the employing board and
    36  the employee for such expedited hearings.
    37    (ii) The hearing officer selected to  conduct  a  hearing  under  this
    38  section  shall,  within ten to fifteen days of agreeing to serve in such
    39  position, hold a pre-hearing conference  which  shall  be  held  in  the
    40  school district or county seat of the county, or any county, wherein the
    41  employing  school  board is located. The pre-hearing conference shall be
    42  limited in length to one day except that the hearing officer, in his  or
    43  her discretion, may allow one additional day for good cause shown.
    44    (iii) At the pre-hearing conference the hearing officer shall have the
    45  power to:
    46    (A) issue subpoenas;
    47    (B)  hear and decide all motions, including but not limited to motions
    48  to dismiss the charges;
    49    (C) hear and decide  all  applications  for  bills  of  particular  or
    50  requests  for production of materials or information, including, but not
    51  limited to, any witness statement (or statements), investigatory  state-
    52  ment  (or statements) or note (notes), exculpatory evidence or any other
    53  evidence, including district or student records, relevant  and  material
    54  to the employee's defense.
    55    (iv) Any pre-hearing motion or application relative to the sufficiency
    56  of  the  charges,  application  or amendment thereof, or any preliminary

        S. 2006--B                         143                        A. 3006--B
 
     1  matters shall be made upon written notice to the hearing officer and the
     2  adverse party no less than five days prior to the date of the  pre-hear-
     3  ing  conference.  Any  pre-hearing  motions  or applications not made as
     4  provided  for  herein  shall  be  deemed waived except for good cause as
     5  determined by the hearing officer.
     6    (v) In the event that at  the  pre-hearing  conference  the  employing
     7  board  presents  evidence  that the professional license of the employee
     8  has been revoked and all judicial and administrative remedies have  been
     9  exhausted  or  foreclosed,  the hearing officer shall schedule the date,
    10  time and place for an expedited hearing, which  hearing  shall  commence
    11  not  more  than  seven  days  after the pre-hearing conference and which
    12  shall be limited to one day. The expedited hearing shall be held in  the
    13  local school district or county seat of the county or any county, where-
    14  in  the said employing board is located. The expedited hearing shall not
    15  be postponed except upon the request of a party and then only  for  good
    16  cause  as determined by the hearing officer. At such hearing, each party
    17  shall have equal time in which to present its case.
    18    (vi) During the pre-hearing  conference,  the  hearing  officer  shall
    19  determine the reasonable amount of time necessary for a final hearing on
    20  the  charge  or  charges  and  shall  schedule the location, time(s) and
    21  date(s) for the final hearing. The final hearing shall be  held  in  the
    22  local school district or county seat of the county, or any county, wher-
    23  ein  the  said  employing school board is located. In the event that the
    24  hearing officer determines that the nature  of  the  case  requires  the
    25  final hearing to last more than one day, the days that are scheduled for
    26  the  final  hearing  shall be consecutive. The day or days scheduled for
    27  the final hearing shall not be postponed except upon the  request  of  a
    28  party  and  then  only for good cause shown as determined by the hearing
    29  officer. In all cases, the final hearing shall  be  completed  no  later
    30  than  sixty  days  after  the  pre-hearing conference unless the hearing
    31  officer determines that extraordinary circumstances  warrant  a  limited
    32  extension.
    33    (vii)  All  evidence  shall  be  submitted  by  all parties within one
    34  hundred twenty-five days of the filing  of  charges  and  no  additional
    35  evidence shall be accepted after such time, absent extraordinary circum-
    36  stances beyond the control of the parties.
    37    d.  Limitation  on claims. Notwithstanding any other provision of law,
    38  rule or regulation to the contrary, no payments shall  be  made  by  the
    39  department  pursuant  to  this  subdivision on or after April first, two
    40  thousand twelve for: (i) compensation of a hearing  officer  or  hearing
    41  panel  member,  (ii)  reimbursement  of  such  hearing officers or panel
    42  members for necessary travel or other  expenses  incurred  by  them,  or
    43  (iii)  for  other  hearing  expenses on a claim submitted later than one
    44  year after the final disposition of the hearing by any means,  including
    45  settlement, or within ninety days after the effective date of this para-
    46  graph,  whichever  is later; provided that no payment shall be barred or
    47  reduced where such payment is required as a result of a court  order  or
    48  judgment or a final audit.
    49    4.  Post  hearing  procedures.  a.  The hearing officer shall render a
    50  written decision within thirty days of the last day of the  final  hear-
    51  ing,  or  in  the  case  of an expedited hearing within ten days of such
    52  expedited hearing, and shall forward a copy thereof to the  commissioner
    53  who shall immediately forward copies of the decision to the employee and
    54  to  the  clerk or secretary of the employing board. The written decision
    55  shall include the hearing officer's findings of fact on each charge, his
    56  or her conclusions with regard to each charge based on said findings and

        S. 2006--B                         144                        A. 3006--B
 
     1  shall state what penalty or other action, if any, shall be taken by  the
     2  employing board. At the request of the employee, in determining what, if
     3  any,  penalty  or  other  action  shall  be imposed, the hearing officer
     4  [shall]  may  consider  the  extent  to  which  the employing board made
     5  efforts towards correcting the behavior of the employee  which  resulted
     6  in  charges being brought under this section through means including but
     7  not limited to:  remediation, peer intervention or an  employee  assist-
     8  ance  plan.  In those cases where a penalty is imposed, such penalty may
     9  be a written reprimand, a fine, suspension for a fixed time without pay,
    10  or dismissal. In addition to or in lieu of the aforementioned penalties,
    11  the hearing officer, where he or she deems appropriate, may impose  upon
    12  the  employee  remedial  action  including  but not limited to leaves of
    13  absence with or  without  pay,  continuing  education  and/or  study,  a
    14  requirement  that  the  employee seek counseling or medical treatment or
    15  that the employee engage in any other remedial or combination of remedi-
    16  al actions.  Provided, however, that the hearing officer, in  exercising
    17  his  or  her discretion, shall give serious consideration to the penalty
    18  recommended by the employing board, and if the hearing  officer  rejects
    19  the  recommended  penalty  such rejection must be based on reasons based
    20  upon the record as expressed in a written determination.
    21    b. Within fifteen days of receipt of the  hearing  officer's  decision
    22  the  employing  board  shall  implement the decision. If the employee is
    23  acquitted he or she shall be restored to his or her position  with  full
    24  pay  for  any  period of suspension without pay and the charges expunged
    25  from the employment record. If an employee who was convicted of a felony
    26  crime specified in paragraph b of subdivision two of this  section,  has
    27  said conviction reversed, the employee, upon application, shall be enti-
    28  tled to have his or her pay and other emoluments restored, for the peri-
    29  od from the date of his or her suspension to the date of the decision.
    30    c.  The  hearing officer shall indicate in the decision whether any of
    31  the charges brought by the employing board were frivolous as defined  in
    32  section  eighty-three  hundred  three-a  of  the  civil practice law and
    33  rules. If the hearing officer finds that  all  of  the  charges  brought
    34  against the employee were frivolous, the hearing officer shall order the
    35  employing  board  to  reimburse the department the reasonable costs said
    36  department incurred as a result of the proceeding and to  reimburse  the
    37  employee  the  reasonable costs, including but not limited to reasonable
    38  attorneys' fees, the employee incurred in defending the charges. If  the
    39  hearing  officer  finds  that  some  but  not all of the charges brought
    40  against the employee were frivolous, the hearing officer shall order the
    41  employing board to reimburse the department a portion, in the discretion
    42  of the hearing officer, of the reasonable costs said department incurred
    43  as a result of the proceeding and to reimburse the employee  a  portion,
    44  in  the  discretion  of  the  hearing  officer, of the reasonable costs,
    45  including but not limited to reasonable attorneys'  fees,  the  employee
    46  incurred in defending the charges.
    47    5.  Appeal.  a.  Not  later than ten days after receipt of the hearing
    48  officer's decision, the employee or the  employing  board  may  make  an
    49  application  to the New York state supreme court to vacate or modify the
    50  decision of the hearing officer pursuant to section seventy-five hundred
    51  eleven of the civil practice law and rules. The court's review shall  be
    52  limited  to  the  grounds set forth in such section. The hearing panel's
    53  determination shall be deemed to  be  final  for  the  purpose  of  such
    54  proceeding.
    55    b.  In no case shall the filing or the pendency of an appeal delay the
    56  implementation of the decision of the hearing officer.

        S. 2006--B                         145                        A. 3006--B
 
     1    § 4. The education law is amended by adding a new  section  3020-b  to
     2  read as follows:
     3    §  3020-b.  Streamlined removal procedures for teachers rated ineffec-
     4  tive. 1. Applicability. This section shall apply to  classroom  teachers
     5  and building principals who receive two or more consecutive annual inef-
     6  fective  ratings  pursuant  to  annual  professional performance reviews
     7  conducted in accordance with the provisions of  section  three  thousand
     8  twelve-c or three thousand twelve-d of this article.
     9    2.  Filing and disposition of charges. a. A school district or employ-
    10  ing board may bring charges of incompetence  pursuant  to  this  section
    11  against  any  classroom  teacher  or building principal who receives two
    12  consecutive ineffective ratings. A school district  or  employing  board
    13  shall bring charges of incompetence pursuant to this section against any
    14  classroom  teacher  or building principal who receives three consecutive
    15  ineffective ratings. All charges against a person enjoying the  benefits
    16  of  tenure  as  provided  in subdivision three of section eleven hundred
    17  two, and sections twenty-five hundred nine, twenty-five  hundred  seven-
    18  ty-three,  twenty-five hundred ninety-j, three thousand twelve and three
    19  thousand fourteen of this chapter shall be in writing and filed with the
    20  clerk or secretary of the school district or employing board. Except  as
    21  provided  in  subdivision  eight of section twenty-five hundred seventy-
    22  three and subdivision seven of section twenty-five hundred  ninety-j  of
    23  this  chapter,  no charges under this section shall be brought more than
    24  three years after the occurrence of the alleged incompetency. When  such
    25  charges  are  brought, a written statement specifying (i) the charges in
    26  detail, (ii) that the penalty that will be imposed by the board  if  the
    27  employee  does not request a hearing or that will be sought by the board
    28  after a hearing is dismissal; and (iii) the employee's rights under this
    29  section, shall be immediately  forwarded  to  the  accused  employee  by
    30  certified  or  registered  mail, return receipt requested or by personal
    31  delivery to the employee.
    32    b. The employee may be suspended pending a hearing on the charges  and
    33  the final determination thereof and such suspension shall be with pay.
    34    c. Within ten days of receipt of the statement of charges, the employ-
    35  ee shall notify the clerk or secretary of the employing board in writing
    36  whether he or she desires a hearing on the charges.  The unexcused fail-
    37  ure  of  the  employee  to  notify  the clerk or secretary of his or her
    38  desire for a hearing within ten days of the receipt of charges shall  be
    39  deemed  a waiver of the right to a hearing. Where an employee requests a
    40  hearing in the manner provided for by this section, the clerk or  secre-
    41  tary  of  the  board  shall, within three working days of receipt of the
    42  employee's notice or request for a hearing, notify the  commissioner  of
    43  the  need  for  a  hearing. If the employee waives his or her right to a
    44  hearing the employing board shall proceed, within  fifteen  days,  by  a
    45  vote  of  a majority of all members of such board, to determine the case
    46  and fix the penalty to be imposed in accordance with subdivision four of
    47  this section.
    48    d. Charges brought pursuant to this section for two consecutive  inef-
    49  fective  ratings shall allege that the employing board has developed and
    50  substantially implemented a teacher or  principal  improvement  plan  in
    51  accordance  with  section three thousand twelve-c or section three thou-
    52  sand twelve-d of this article for the employee following the first eval-
    53  uation in which the employee was rated ineffective, and the  immediately
    54  preceding evaluation if the employee was rated developing.
    55    3.  Hearings.  a.  Notice  of hearing. Upon receipt of a request for a
    56  hearing in accordance with subdivision two of this section, the  commis-

        S. 2006--B                         146                        A. 3006--B
 
     1  sioner  shall  forthwith  notify  the  American  Arbitration Association
     2  (hereinafter "association") of the need for a hearing and shall  request
     3  that  the  association  provide  to the commissioner forthwith a list of
     4  names  of persons chosen by the association from the association's panel
     5  of labor arbitrators to potentially serve as hearing  officers  together
     6  with relevant biographical information on each arbitrator.  Upon receipt
     7  of  said  list  and biographical information, the commissioner shall, in
     8  the case of an employee who has received three  consecutive  ineffective
     9  ratings,  directly appoint a hearing officer from the list.  In the case
    10  of an employee who has received two consecutive ineffective ratings, the
    11  commissioner shall forthwith send a copy of the  list  and  biographical
    12  information  simultaneously to the employing board and the employee. The
    13  commissioner shall also simultaneously notify both the  employing  board
    14  and  the employee of each potential hearing officer's record in the last
    15  five cases of commencing and completing hearings within the time periods
    16  prescribed in this section. The commissioner shall establish time  peri-
    17  ods  for the employing board and the employee to notify the commissioner
    18  of their agreed upon hearing officer selection.  If the employing  board
    19  and  the  employee  fail to agree on an arbitrator to serve as a hearing
    20  officer from the list of potential hearing officers, or fail  to  notify
    21  the commissioner of a selection within such established time period, the
    22  commissioner shall appoint a hearing officer from the list.
    23    b.  Hearing  officers.  All hearings pursuant to this section shall be
    24  conducted before and by a single hearing officer  selected  as  provided
    25  for in this section. A hearing officer shall not be eligible to serve in
    26  such  position  if he or she is a resident of the school district, other
    27  than the city of New York,  under  the  jurisdiction  of  the  employing
    28  board, an employee, agent or representative of the employing board or of
    29  any  labor  organization representing employees of such employing board,
    30  he or she has served as such agent or representative within two years of
    31  the date of the scheduled hearing, or if he or she is then serving as  a
    32  mediator  or  fact  finder  in  the  same school district. Subject to an
    33  appropriation, the hearing officer shall be compensated by  the  depart-
    34  ment  for  each  day  of  actual service plus necessary travel and other
    35  reasonable expenses incurred in the performance of his  or  her  duties,
    36  provided  that  the  commissioner shall establish a schedule for maximum
    37  rates of compensation of hearing officers based on customary and reason-
    38  able fees for service as an arbitrator and provide  for  limitations  on
    39  the number of study hours that may be claimed.
    40    c.  Hearing  procedures.  (i) The commissioner shall have the power to
    41  establish necessary rules and procedures for  the  conduct  of  hearings
    42  under  this  section,  and  shall  establish timelines in regulations to
    43  ensure that the duration  of  a  removal  proceeding  pursuant  to  this
    44  section, as measured from the date an employee requests a hearing to the
    45  final  hearing  date,  is  no  longer than ninety days in the case of an
    46  employee who has received two consecutive  ineffective  ratings  and  no
    47  longer  than  thirty  days  in  the case of an employee who has received
    48  three consecutive ineffective ratings. The commissioner shall  establish
    49  timeframes in regulations for a pre-hearing conference wherein a hearing
    50  officer shall have the power to issue subpoenas, hear motions and decide
    51  on  other discovery and evidentiary issues.  At such pre-hearing confer-
    52  ence, the hearing officer shall establish  a  hearing  schedule  at  the
    53  pre-hearing  conference  to  ensure that the hearing is completed within
    54  the required time period and to ensure an equitable distribution of days
    55  between the employing board and the charged employee.    Notwithstanding
    56  any  other  law, rule or regulation to the contrary, no adjournments may

        S. 2006--B                         147                        A. 3006--B
 
     1  be granted that would extend the hearing beyond such  timelines,  except
     2  as authorized in this subparagraph. A hearing officer may grant a limit-
     3  ed  and  time  specific adjournment that would extend the hearing beyond
     4  such  timelines  if  the  hearing  officer  determines that the delay is
     5  attributable to a circumstance or occurrence  substantially  beyond  the
     6  control  of  the  requesting  party and an injustice would result if the
     7  adjournment were not granted.
     8    (ii) The department shall be authorized to monitor and  investigate  a
     9  hearing officer's compliance with timelines pursuant to this section and
    10  to any regulations promulgated by the department. The commissioner shall
    11  annually  inform  all  hearing officers who have heard cases pursuant to
    12  this section during the preceding year that the time periods  prescribed
    13  in  this  section  for  conducting  such  hearings  are  to  be strictly
    14  followed. A record of continued failure to commence and  complete  hear-
    15  ings within the time periods prescribed in this section shall be consid-
    16  ered  grounds  for  the commissioner to exclude such individual from the
    17  list of potential hearing officers to be considered for such hearings.
    18    (iii) Such rules shall not require compliance with technical rules  of
    19  evidence.  Hearings  shall  be conducted by the hearing officer selected
    20  pursuant to paragraph a of this  subdivision  and  shall  be  public  or
    21  private  at  the  discretion  of the employee. The employee shall have a
    22  reasonable opportunity to defend himself or herself and  an  opportunity
    23  to testify on his or her own behalf.  The employee shall not be required
    24  to  testify.  Each party shall have the right to be represented by coun-
    25  sel, to subpoena witnesses, and to cross-examine witnesses. All testimo-
    26  ny taken shall be under oath which the hearing officer is hereby author-
    27  ized to administer.
    28    (iv) An accurate record of  the  proceedings  shall  be  kept  at  the
    29  expense  of  the  department at each such hearing in accordance with the
    30  regulations of the commissioner. A copy of the record  of  the  hearings
    31  shall, upon request, be furnished without charge to the employee and the
    32  board  of  education  involved.  The  department  shall be authorized to
    33  utilize any new technology or such other appropriate means to transcribe
    34  or record such hearings in an accurate, reliable, efficient and cost-ef-
    35  fective manner without any charge to the employee or board of  education
    36  involved.
    37    (v)  Legal  standard. (A) Two consecutive ineffective ratings pursuant
    38  to annual professional performance reviews conducted in accordance  with
    39  the  provisions  of  section  three  thousand twelve-c or three thousand
    40  twelve-d of this article shall constitute prima facie evidence of incom-
    41  petence that can be overcome only by clear and convincing evidence  that
    42  the  employee  is  not  incompetent  in light of all surrounding circum-
    43  stances, and if not successfully overcome, the finding, absent  extraor-
    44  dinary circumstances, shall be just cause for removal. (B) Three consec-
    45  utive  ineffective  ratings  pursuant to annual professional performance
    46  reviews conducted in accordance with the  provisions  of  section  three
    47  thousand  twelve-c  or  three  thousand  twelve-d  of this article shall
    48  constitute prima facie evidence of incompetence  that  can  be  overcome
    49  only  by  clear  and  convincing evidence that the calculation of one or
    50  more of the teacher's or principal's underlying components on the annual
    51  professional performance reviews  pursuant  to  section  three  thousand
    52  twelve-c  or three thousand twelve-d of this article was fraudulent, and
    53  if not successfully overcome, the finding, absent extraordinary  circum-
    54  stances, shall be just cause for removal.  For purposes of this subpara-
    55  graph, fraud shall include mistaken identity.

        S. 2006--B                         148                        A. 3006--B
 
     1    4.  Post  hearing  procedures.  a.  The hearing officer shall render a
     2  written decision within ten days of the last day of the  final  hearing,
     3  and  shall  forward  a  copy thereof to the commissioner who shall imme-
     4  diately forward copies of the decision to the employee and to the  clerk
     5  or  secretary of the employing board. The written decision shall include
     6  the hearing officer's findings of  fact  on  each  charge,  his  or  her
     7  conclusions  with regard to each charge based on said findings and shall
     8  state whether the penalty of dismissal shall be taken by  the  employing
     9  board.
    10    b.  Within  fifteen  days of receipt of the hearing officer's decision
    11  the employing board shall implement the decision.  If  the  employee  is
    12  acquitted  he  or  she  shall be restored to his or her position and the
    13  charges expunged from the employment record.
    14    5. Appeal. a. Not later than ten days after  receipt  of  the  hearing
    15  officer's  decision,  the  employee  or  the employing board may make an
    16  application to the New York state supreme court to vacate or modify  the
    17  decision of the hearing officer pursuant to section seventy-five hundred
    18  eleven  of the civil practice law and rules. The court's review shall be
    19  limited to the grounds set forth in such section.  The  hearing  panel's
    20  determination  shall  be  deemed  to  be  final  for the purpose of such
    21  proceeding.
    22    b. In no case shall the filing or the pendency of an appeal delay  the
    23  implementation of the decision of the hearing officer.
    24    6.  Nothing  in  this section shall be construed to prevent the use of
    25  any evidence of performance to support charges of  incompetence  brought
    26  pursuant  to  the  provisions of section three thousand twenty-a of this
    27  article.
    28    § 5. This act shall take effect July 1, 2015 and shall apply to  hear-
    29  ings  commenced  by the filing or service of charges on or after July 1,
    30  2015, provided that effective immediately, the commissioner of education
    31  shall be authorized to promulgate any regulations  needed  to  implement
    32  the provisions of this act on such effective date.
 
    33                                  SUBPART H
 
    34    Section  1. The education law is amended by adding a new section 211-f
    35  to read as follows:
    36    § 211-f. Takeover and restructuring failing schools. 1.    Eligibility
    37  for  appointment  of  an  external  receiver.  (a)  Failing schools. The
    38  commissioner shall designate as failing each of  the  schools  that  has
    39  been  identified under the state's accountability system to be among the
    40  lowest achieving five percent of public schools in the  state  (priority
    41  schools) for at least three consecutive school years, or identified as a
    42  "priority  school"  in  each  applicable  year of such period except one
    43  school year in which  the  school  was  not  identified  because  of  an
    44  approved  closure  plan that was not implemented, based upon measures of
    45  student achievement and outcomes and a  methodology  prescribed  in  the
    46  regulations  of  the  commissioner,  provided  that  this list shall not
    47  include schools within a special  act  school  district  as  defined  in
    48  subdivision  eight  of  section  four  thousand  one  of this chapter or
    49  schools chartered pursuant to article fifty-six of this chapter.  Except
    50  as otherwise provided in paragraph (c) of this subdivision, and pursuant
    51  to  regulations  promulgated by the commissioner, a school designated as
    52  failing under this paragraph shall be eligible  for  receivership  under
    53  this section upon a determination by the commissioner.

        S. 2006--B                         149                        A. 3006--B
 
     1    (b)  Persistently  failing  schools.  Based  upon  measures of student
     2  achievement and outcomes and a methodology prescribed in the regulations
     3  of the commissioner, the commissioner shall  designate  as  persistently
     4  failing  each of the schools that have been identified under the state's
     5  accountability system to be among the lowest achieving public schools in
     6  the state for ten consecutive school years, based upon identification of
     7  the school by the commissioner as: a "priority school" for each applica-
     8  ble year from the two thousand twelve--two thousand thirteen school year
     9  to the current school year, or identified as a "priority school" in each
    10  applicable  year  of such period except one year in which the school was
    11  not identified because of an approved closure plan that was  not  imple-
    12  mented;  and  as  a "School Requiring Academic Progress Year 5", "School
    13  Requiring Academic Progress Year 6", "School Requiring Academic Progress
    14  Year 7" and/or a "School in Restructuring,"  for  each  applicable  year
    15  from  the  two  thousand  six--two thousand seven school year to the two
    16  thousand eleven--two thousand twelve school year. This designation shall
    17  not include schools within a special act school district as  defined  in
    18  subdivision  eight  of  section  four  thousand  one  of this chapter or
    19  schools chartered pursuant to article fifty-six of this chapter.
    20    (c) Specific provisions. (i) For schools  designated  as  persistently
    21  failing  pursuant  to  paragraph  (b)  of  this  subdivision,  the local
    22  district shall continue to operate the school for an  additional  school
    23  year  provided that there is a department-approved intervention model or
    24  comprehensive education plan in place that includes rigorous performance
    25  metrics and goals, including but not  limited  to  measures  of  student
    26  academic  achievement and outcomes including those set forth in subdivi-
    27  sion six of this section. Notwithstanding any other  provision  of  law,
    28  rule  or  regulation to the contrary, the superintendent shall be vested
    29  with all powers granted to a receiver appointed pursuant to this section
    30  for such time period; provided, however that such  superintendent  shall
    31  not  be  allowed to override any decision of the board of education with
    32  respect to his or her employment status. At the end of  such  year,  the
    33  department  shall conduct a performance review in consultation and coop-
    34  eration with the district and school staff to determine,  based  on  the
    35  performance  metrics  in  the  school's  model  or plan, whether (1) the
    36  designation of persistently failing should be removed;  (2)  the  school
    37  should  remain under continued school district operation with the super-
    38  intendent vested with the powers of a receiver; or (3) the school should
    39  be placed into receivership; provided, however, that a school that makes
    40  demonstrable improvement based on  the  performance  metrics  and  goals
    41  herein  shall  remain  under district operation for an additional school
    42  year and if such school  remains  under  district  operation,  it  shall
    43  continue  to be subject to annual review by the department, in consulta-
    44  tion and cooperation with the district, under the same terms and  condi-
    45  tions.
    46    (ii)  For schools designated as failing, but not persistently failing,
    47  the local district shall continue to operate the school  for  two  addi-
    48  tional  school years provided that there is a department-approved inter-
    49  vention model or comprehensive education plan  in  place  that  includes
    50  rigorous  performance  metrics  and  goals, including but not limited to
    51  measures of student academic achievement and  outcomes  including  those
    52  set  forth in subdivision six of this section. Notwithstanding any other
    53  provision of law, rule or regulation to the contrary, the superintendent
    54  shall be vested with all powers granted to a receiver appointed pursuant
    55  to this section; provided, however that such superintendent shall not be
    56  allowed to override any decision of the board of education with  respect

        S. 2006--B                         150                        A. 3006--B
 
     1  to  his  or  her  employment  status.  At the end of such two years, the
     2  department shall conduct a school performance review in consultation and
     3  cooperation with the district and school staff to  determine,  based  on
     4  the  performance  metrics in the school's model or plan, whether (1) the
     5  designation of failing should be removed; (2) the school  should  remain
     6  under continued school district operation with the superintendent vested
     7  with  the  powers of a receiver; or (3) the school should be placed into
     8  receivership; provided, however, that a school that  makes  demonstrable
     9  improvement  based  on  the  performance  metrics and goals herein shall
    10  remain under district operation for an additional  school  year  and  if
    11  such  school  remains  under district operation, it shall continue to be
    12  subject to such annual review by the department under the same terms and
    13  conditions.  For schools newly designated as failing after the two thou-
    14  sand sixteen--two thousand seventeen school year, the  school  shall  be
    15  immediately eligible for receivership upon such designation.
    16    (iii)  Nothing  in  this  paragraph  shall be construed to limit (1) a
    17  school district's ability to modify, subject to approval by the  depart-
    18  ment,  such  department  approved  intervention  model  or comprehensive
    19  education plan, or (2) the commissioner's ability to  require  a  school
    20  district  to  modify  such  department  approved  intervention  model or
    21  comprehensive education plan and require his or  her  approval  of  such
    22  modifications.
    23    (iv) The district shall provide notice to parents and guardians of the
    24  students of the school which may be placed into receivership pursuant to
    25  this  subdivision  and provided further that the district or the commis-
    26  sioner shall hold a public meeting or hearing for purposes of discussing
    27  the performance of the school and the construct of receivership.
    28    1-a. Community engagement team. Upon designation as failing or persis-
    29  tently failing pursuant to subdivision one of this section, the district
    30  shall establish a community engagement team which shall include communi-
    31  ty stakeholders, including but not  limited  to  the  school  principal,
    32  parents  and  guardians,  teachers  and other school staff and students.
    33  Membership of such team may be modified at any  time.  Such  team  shall
    34  develop  recommendations for improvement of the school and shall solicit
    35  input through public engagement. The team shall present its  recommenda-
    36  tions  periodically  to  the  school  leadership and, as applicable, the
    37  receiver.
    38    2. Appointment of a receiver.  (a) Upon a determination by the commis-
    39  sioner that a school shall be placed into receivership,  the  applicable
    40  school  district  shall  appoint an independent receiver, subject to the
    41  approval of the commissioner, to manage and operate all aspects  of  the
    42  school  and  to develop and implement a school intervention plan for the
    43  school that shall consider the recommendations developed by the communi-
    44  ty engagement team when creating such plan. The independent receiver may
    45  be a non-profit entity, another school district, or  an  individual.  If
    46  the  school district fails to appoint an independent receiver that meets
    47  with the commissioner's approval within  sixty  days  of  such  determi-
    48  nation, the commissioner shall appoint the receiver.
    49    (b) The receiver shall be authorized to manage and operate the failing
    50  or persistently failing school and shall have the power to supersede any
    51  decision, policy or regulation of the superintendent of schools or chief
    52  school  officer,  or of the board of education or another school officer
    53  or the building principal that in the  sole  judgment  of  the  receiver
    54  conflicts  with  the school intervention plan; provided however that the
    55  receiver may not supersede decisions that are not directly linked to the
    56  school intervention plan, including but not limited  to  building  usage

        S. 2006--B                         151                        A. 3006--B
 
     1  plans, co-location decisions and transportation of students. The receiv-
     2  er shall have authority to review proposed school district budgets prior
     3  to  presentation to the district voters, or in the case of a city school
     4  district  in a city having a population of one hundred twenty-five thou-
     5  sand or more, of the adoption of a contingency budget, prior to approval
     6  by the board of education, and to modify the proposed budget to  conform
     7  to  the  school intervention plan provided that such modifications shall
     8  be limited in scope and effect to the failing  or  persistently  failing
     9  school and may not unduly impact other schools in the district. A school
    10  under  receivership  shall  operate  in  accordance with laws regulating
    11  other public schools, except as such provisions may conflict  with  this
    12  section.
    13    (c) The commissioner shall contract with the receiver, and the compen-
    14  sation  and  other  costs  of the receiver appointed by the commissioner
    15  shall be paid from a state appropriation for such  purpose,  or  by  the
    16  school  district, as determined by the commissioner, provided that costs
    17  shall be paid by the school district only if there is an  open  adminis-
    18  trative  staffing line available for the receiver, and the receiver will
    19  be taking on the responsibilities of such open line. Notwithstanding any
    20  other provision of law to the contrary, the  receiver  and  any  of  its
    21  employees  providing  services  in the receivership shall be entitled to
    22  defense and indemnification by the school district to the same extent as
    23  a school district employee. The receiver's contract may be terminated by
    24  the commissioner for a violation of  law  or  the  commissioner's  regu-
    25  lations  or  for  neglect  of  duty.  A  receiver appointed to operate a
    26  district under this section shall have full managerial  and  operational
    27  control over such school; provided, however, that the board of education
    28  shall  remain  the  employer  of  record,  and provided further that any
    29  employment decisions of the board of education may be superseded by  the
    30  receiver.  It shall be the duty of the board of education and the super-
    31  intendent of schools to fully cooperate with the  receiver  and  willful
    32  failure  to cooperate or interference with the functions of the receiver
    33  shall constitute willful neglect of duty for purposes of  section  three
    34  hundred six of this title. The receiver or the receiver's designee shall
    35  be an ex officio non-voting member of the board of education entitled to
    36  attend all meetings of the board of education.
    37    3.  Before developing the school intervention plan, the receiver shall
    38  consult with local stakeholders such as: (a) the board of education; (b)
    39  the superintendent of schools; (c) the building principal; (d)  teachers
    40  assigned  to  the school and their collective bargaining representative;
    41  (e) school administrators assigned to the school  and  their  collective
    42  bargaining representative; (f) parents and guardians of students attend-
    43  ing the school or their representatives; (g) representatives of applica-
    44  ble  state  and local social service, health and mental health agencies;
    45  (h) as appropriate, representatives of local career education providers,
    46  state and local workforce development agencies and  the  local  business
    47  community;  (i) for elementary schools, representatives of local prekin-
    48  dergarten programs; (j) students attending the  school  as  appropriate;
    49  (k)  as  needed for middle schools, junior high schools, central schools
    50  or high schools, representatives of local higher education institutions;
    51  and (l) the school stakeholder team set forth in  subdivision  one-a  of
    52  this section.
    53    4.  In  creating  the school intervention plan, the receiver shall (i)
    54  consider the recommendations developed by the community engagement  team
    55  set  forth in subdivision one-a of this section; (ii) include provisions
    56  intended to maximize the rapid academic achievement of students  at  the

        S. 2006--B                         152                        A. 3006--B
 
     1  school;  and  (iii) ensure that the plan addresses school leadership and
     2  capacity, school leader practices and decisions, curriculum  development
     3  and  support,  teacher  practices  and  decisions,  student  social  and
     4  emotional developmental health, and family and community engagement. The
     5  receiver shall, to the extent practicable, base the plan on the findings
     6  of  any  recent  diagnostic  review or assessment of the school that has
     7  been conducted and, as applied  to  the  school,  student  outcome  data
     8  including, but not limited to: (a) student achievement growth data based
     9  on  state  measures;  (b)  other  measures  of  student achievement; (c)
    10  student promotion and graduation rates; (d) achievement and growth  data
    11  for the subgroups of students used in the state's accountability system;
    12  (e)  student  attendance;  and  (f)  long-term and short-term suspension
    13  rates.
    14    5. (a) The receiver shall include the following in the  school  inter-
    15  vention  plan: (i) measures to address social service, health and mental
    16  health needs of students in the school and their families  in  order  to
    17  help  students arrive and remain at school ready to learn; provided that
    18  this may include mental health and substance abuse screening; (ii) meas-
    19  ures to improve or expand access  to  child  welfare  services  and,  as
    20  appropriate,  services  in  the  school  community to promote a safe and
    21  secure learning environment; (iii) as applicable,  measures  to  provide
    22  greater  access to career and technical education and workforce develop-
    23  ment services provided to students in the school and their  families  in
    24  order to provide students and families with meaningful employment skills
    25  and opportunities; (iv) measures to address achievement gaps for English
    26  language learners, students with disabilities and economically disadvan-
    27  taged  students,  as  applicable; (v) measures to address school climate
    28  and positive behavior  support,  including  mentoring  and  other  youth
    29  development  programs;  and  (vi)  a  budget for the school intervention
    30  plan.
    31    (b) As necessary,  the  commissioner  and  the  commissioners  of  the
    32  department  of  health,  the office of children and family services, the
    33  department of labor and other applicable state and local social service,
    34  health, mental health  and  child  welfare  officials  shall  coordinate
    35  regarding  the implementation of the measures described in subparagraphs
    36  (i) through (iii) of paragraph (a) of this subdivision that are included
    37  in the school intervention plan and  shall,  subject  to  appropriation,
    38  reasonably  support such implementation consistent with the requirements
    39  of state and federal law applicable to the relevant programs  that  each
    40  such  official  is  responsible  for  administering,  and  grant failing
    41  schools priority in competitive grants, as allowable before  and  during
    42  the period of receivership.
    43    6.  In  order  to assess the school across multiple measures of school
    44  performance and student success,  the  school  intervention  plan  shall
    45  include  measurable  annual  goals  including,  but  not limited to, the
    46  following: (a) student attendance; (b) student discipline including  but
    47  not  limited  to  short-term and long-term suspension rates; (c) student
    48  safety; (d) student promotion and graduation  and  drop-out  rates;  (e)
    49  student  achievement and growth on state measures; (f) progress in areas
    50  of academic  underperformance;  (g)  progress  among  the  subgroups  of
    51  students  used  in  the  state's accountability system; (h) reduction of
    52  achievement gaps among specific groups of students; (i)  development  of
    53  college  and  career  readiness,  including at the elementary and middle
    54  school levels; (j) parent and family engagement; (k) building a  culture
    55  of  academic  success  among students; (l) building a culture of student
    56  support and success among faculty and staff; (m)  using  developmentally

        S. 2006--B                         153                        A. 3006--B
 
     1  appropriate child assessments from pre-kindergarten through third grade,
     2  if  applicable,  that  are  tailored to the needs of the school; and (n)
     3  measures of student learning.
     4    7.  (a) Notwithstanding any general or special law to the contrary, in
     5  creating and implementing the school  intervention  plan,  the  receiver
     6  shall,  after  consulting with stakeholders and the community engagement
     7  team, convert schools to community schools to provide  expanded  health,
     8  mental health and other services to the students and their families.
     9  In addition, the receiver may: (i) review and if necessary expand, alter
    10  or replace the curriculum and program offerings of the school, including
    11  the  implementation  of  research-based  early  literacy programs, early
    12  interventions for struggling readers and the teaching of advanced place-
    13  ment courses or other rigorous nationally or internationally  recognized
    14  courses,  if  the school does not already have such programs or courses;
    15  (ii) replace teachers and administrators,  including  school  leadership
    16  who are not appropriately certified or licensed; (iii) increase salaries
    17  of  current  or  prospective  teachers and administrators to attract and
    18  retain high-performing teachers and administrators; (iv) establish steps
    19  to improve hiring, induction, teacher evaluation, professional  develop-
    20  ment,  teacher advancement, school culture and organizational structure;
    21  (v) reallocate the uses of the  existing  budget  of  the  school;  (vi)
    22  expand  the school day or school year or both of the school; (vii) for a
    23  school that offers the first grade, add  pre-kindergarten  and  full-day
    24  kindergarten  classes, if the school does not already have such classes;
    25  (viii) in accordance with paragraphs (b) and (c) of this subdivision, to
    26  abolish the positions of all members of the teaching and  administrative
    27  and  supervisory  staff  assigned to the failing or persistently failing
    28  school and terminate the employment of any building  principal  assigned
    29  to  such  a  school, and require such staff members to reapply for their
    30  positions in the school if they so choose; (ix) include a provision of a
    31  job-embedded professional development for teachers at the  school,  with
    32  an  emphasis  on strategies that involve teacher input and feedback; (x)
    33  establish a plan for professional development for administrators at  the
    34  school,  with  an  emphasis on strategies that develop leadership skills
    35  and use the principles of distributive leadership; and/or (xi) order the
    36  conversion of a school in receivership that has been designated as fail-
    37  ing or persistently failing pursuant to  this  section  into  a  charter
    38  school,  provided  that  such  conversion  shall  be  subject to article
    39  fifty-six of this chapter and provided further that such charter conver-
    40  sion school shall operate pursuant to such article and provided  further
    41  that  such  charter  conversion  school  shall operate consistent with a
    42  community schools model and provided further that such conversion  char-
    43  ter  school  shall  be  subject to the provisions in subdivisions three,
    44  four, five, six, nine, ten, eleven, twelve and thirteen of this section.
    45    (b) Notwithstanding any other provision of law, rule or regulation  to
    46  the contrary, upon designation of any school of the school district as a
    47  failing  or  persistently  failing  school pursuant to this section, the
    48  abolition of positions of members of the teaching and administrative and
    49  supervisory staff of the school shall  thereafter  be  governed  by  the
    50  applicable  provisions  of  section twenty-five hundred ten, twenty-five
    51  hundred eighty-five, twenty-five hundred eighty-eight or three  thousand
    52  thirteen  of  this  chapter  as  modified by this paragraph. A classroom
    53  teacher or building principal who has received  two  or  more  composite
    54  ratings  of  ineffective  on  an  annual professional performance review
    55  shall be deemed not to have  rendered  faithful  and  competent  service
    56  within  the  meaning  of  section  twenty-five  hundred ten, twenty-five

        S. 2006--B                         154                        A. 3006--B
 
     1  hundred eighty-five, twenty-five hundred eighty-eight or three  thousand
     2  thirteen  of  this  chapter.  When  a position of a classroom teacher or
     3  building principal is abolished, the services of the teacher or adminis-
     4  trator  or  supervisor  within  the tenure area of the position with the
     5  lowest rating on the most recent annual professional performance  review
     6  shall be discontinued, provided that seniority within the tenure area of
     7  the  position shall be used solely to determine which position should be
     8  discontinued in the event of a tie.
     9    (c) The receiver may abolish the positions of all teachers  and  peda-
    10  gogical  support  staff,  administrators  and  pupil  personnel  service
    11  providers assigned to a school designated  as  failing  or  persistently
    12  failing pursuant to this section and require such staff members to reap-
    13  ply  for new positions if they so choose.  The receiver shall define new
    14  positions for the school aligned  with  the  school  intervention  plan,
    15  including  selection  criteria  and expected duties and responsibilities
    16  for each  position.  For  administrators  and  pupil  personnel  service
    17  providers,  the receiver shall have full discretion over all such rehir-
    18  ing decisions. For teachers and pedagogical support staff, the  receiver
    19  shall  convene a staffing committee including the receiver, two appoint-
    20  ees of the receiver and two appointees selected by the school  staff  or
    21  their  collective bargaining unit. The staffing committee will determine
    22  whether former school staff reapplying for positions are  qualified  for
    23  the  new  positions.  The  receiver shall have full discretion regarding
    24  hiring decisions but must fill at  least  fifty  percent  of  the  newly
    25  defined  positions  with  the  most  senior  former school staff who are
    26  determined by the staffing committee  to  be  qualified.  Any  remaining
    27  vacancies  shall  be  filled  by  the  receiver in consultation with the
    28  staffing committee. Notwithstanding any other provision of  law  to  the
    29  contrary,  a member of the teaching and pedagogical support, administra-
    30  tive, or pupil personnel service staff who is not  rehired  pursuant  to
    31  this  paragraph  shall  not have any right to bump or displace any other
    32  person employed by the district, but shall  be  placed  on  a  preferred
    33  eligibility list in accordance with the applicable provisions of section
    34  twenty-five  hundred  ten,  twenty-five hundred eighty-five, twenty-five
    35  hundred eighty-eight or three thousand thirteen of this chapter.  Teach-
    36  ers rehired pursuant to this paragraph shall maintain their prior status
    37  as tenured or probationary, and a probationary teacher's probation peri-
    38  od shall not be changed.
    39    (d)  For  a  school  with  English language learners, the professional
    40  development and planning time for teachers and administrators identified
    41  in clauses (vi) and (vii) of the closing paragraph of paragraph  (a)  of
    42  this subdivision, shall include specific strategies and content designed
    43  to maximize the rapid academic achievement of the English language lear-
    44  ners.
    45    8.  (a)  In order to maximize the rapid achievement of students at the
    46  applicable school, the receiver may request that the collective bargain-
    47  ing unit or units  representing  teachers  and  administrators  and  the
    48  receiver,  on behalf of the board of education, negotiate a receivership
    49  agreement that modifies the applicable collective  bargaining  agreement
    50  or agreements with respect to any failing schools in receivership appli-
    51  cable during the period of receivership.  The receivership agreement may
    52  address the following subjects: the length of the school day; the length
    53  of  the  school year; professional development for teachers and adminis-
    54  trators; class size; and  changes  to  the  programs,  assignments,  and
    55  teaching  conditions  in  the  school  in receivership. The receivership
    56  agreement shall not provide for any  reduction  in  compensation  unless

        S. 2006--B                         155                        A. 3006--B
 
     1  there shall also be a proportionate reduction in hours and shall provide
     2  for  a  proportionate  increase  in compensation where the length of the
     3  school day or school year is extended. The receivership agreement  shall
     4  not  alter  the  remaining  terms  of the existing/underlying collective
     5  bargaining agreement which shall remain in effect.
     6    (b) The bargaining shall be conducted between  the  receiver  and  the
     7  collective  bargaining  unit  in good faith and completed not later than
     8  thirty days from the point at which  the  receiver  requested  that  the
     9  bargaining  commence.  The  agreement  shall  be subject to ratification
    10  within ten business days by the bargaining unit members in  the  school.
    11  If the parties are unable to reach an agreement within thirty days or if
    12  the agreement is not ratified within ten business days by the bargaining
    13  unit members of the school, the parties shall submit any remaining unre-
    14  solved  issues  to  the  commissioner  who  shall resolve any unresolved
    15  issues within five days, in accordance with standard collective bargain-
    16  ing principles.
    17    (c) For purposes only for schools designated as  failing  pursuant  to
    18  subparagraph  (ii)  of paragraph (c) of subdivision one of this section,
    19  bargaining shall be conducted between the receiver  and  the  collective
    20  bargaining  unit  in good faith and completed not later than thirty days
    21  from the point at which  the  receiver  requested  that  the  bargaining
    22  commence.  The  agreement  shall  be  subject to ratification within ten
    23  business days by the bargaining unit  members  of  the  school.  If  the
    24  parties  are  unable  to reach an agreement within thirty days or if the
    25  agreement is not ratified within ten business  days  by  the  bargaining
    26  unit  members of the school, a conciliator shall be selected through the
    27  American Arbitration Association, who shall  forthwith  forward  to  the
    28  parties  a  list  of three conciliators, each of whom shall have profes-
    29  sional experience in elementary and secondary education, from which  the
    30  parties  may  agree upon a single conciliator provided, however, that if
    31  the parties cannot select a conciliator  from  among  the  three  within
    32  three business days, the American Arbitration Association shall select a
    33  conciliator  from  the  list  of  names within one business day, and the
    34  conciliator shall resolve all outstanding issues within five days. After
    35  such five days, if any  unresolved  issues  remain,  the  parties  shall
    36  submit  such  issues  to  the commissioner who shall resolve such issues
    37  within five days, in  accordance  with  standard  collective  bargaining
    38  principles.
    39    9.  A final school intervention plan shall be submitted to the commis-
    40  sioner for approval and, upon approval, shall be issued by the  receiver
    41  within  six  months  of  the receiver's appointment. A copy of such plan
    42  shall be provided to the  board  of  education,  the  superintendent  of
    43  schools  and  the  collective bargaining representatives of teachers and
    44  administrators of the school district. The plan shall be publicly avail-
    45  able and shall be posted on the  department's  website  and  the  school
    46  district's  website,  and  the  school  district shall provide notice to
    47  parents of such school intervention plan and its availability.
    48    10. Each school intervention plan shall be authorized for a period  of
    49  not  more  than  three years. The receiver may develop additional compo-
    50  nents of the plan and shall develop annual goals for each  component  of
    51  the  plan in a manner consistent with this section, all of which must be
    52  approved by the commissioner. The  receiver  shall  be  responsible  for
    53  meeting the goals of the school intervention plan.
    54    11. The receiver shall provide a written report to the board of educa-
    55  tion, the commissioner, and the board of regents on a quarterly basis to
    56  provide specific information about the progress being made on the imple-

        S. 2006--B                         156                        A. 3006--B
 
     1  mentation  of the school intervention plan. One of the quarterly reports
     2  shall be the annual evaluation of the intervention plan  under  subdivi-
     3  sion twelve of this section.
     4    12.  (a)  The commissioner shall, in consultation and cooperation with
     5  the district  and  the  school  staff,  evaluate  each  school  with  an
     6  appointed  receiver  at  least  annually.  The purpose of the evaluation
     7  shall be to determine whether the school has met the annual goals in its
     8  school intervention plan and to assess the implementation of the plan at
     9  the school. The evaluation shall be in writing and shall be submitted to
    10  the superintendent and the board of education not later  than  September
    11  first  for  the preceding school year. The evaluation shall be submitted
    12  in a format determined by the commissioner.
    13    (b) If the commissioner determines that the school has met the  annual
    14  performance goals stated in the school intervention plan, the evaluation
    15  shall  be  considered  sufficient  and  the implementation of the school
    16  intervention plan shall continue. If the  commissioner  determines  that
    17  the  school  has not met one or more goals in the plan, the commissioner
    18  may require modification of the plan.
    19    13. Upon the expiration of a school intervention  plan  for  a  school
    20  with  an appointed receiver, the commissioner, in consultation and coop-
    21  eration with the district, shall conduct an evaluation of the school  to
    22  determine whether the school has improved sufficiently, requires further
    23  improvement  or  has failed to improve. On the basis of such review, the
    24  commissioner, in consultation and cooperation with  the  district,  may:
    25  (a)  renew  the  plan  with the receiver for an additional period of not
    26  more than three years; (b) if the failing or persistently failing school
    27  remains failing and the terms of the plan have  not  been  substantially
    28  met,  terminate the contract with the receiver and appoint a new receiv-
    29  er; or (c) determine that the school has improved sufficiently  for  the
    30  designation of failing or persistently failing to be removed.
    31    14. Nothing in this section shall prohibit the commissioner or a local
    32  district  from  closing  a  school  pursuant  to  the regulations of the
    33  commissioner.
    34    15. The commissioner shall be authorized to adopt regulations to carry
    35  out the provisions of this section.
    36    16. The commissioner shall report annually to  the  governor  and  the
    37  legislature on the implementation and fiscal impact of this section. The
    38  report  shall  include,  but  not  be  limited to, a list of all schools
    39  currently designated as failing or persistently failing and the  strate-
    40  gies used in each of the schools to maximize the rapid academic achieve-
    41  ment of students.
    42    17. The commissioner shall provide any relevant data that is needed to
    43  implement and comply with the requirements of the chapter of the laws of
    44  two  thousand  fifteen  which  added this section to any school district
    45  that has a school or schools designated as failing or persistently fail-
    46  ing pursuant to this section by August fifteenth of each  year,  to  the
    47  fullest  extent  practicable.    Provided  that  the  commissioner shall
    48  provide guidance to districts and may  establish  a  model  intervention
    49  plan.  And  provided further, that the commissioner shall make available
    50  to the public any school intervention plan, or other department-approved
    51  intervention model or  comprehensive  education  plan  of  a  school  or
    52  district provided that such measures are consistent with all federal and
    53  state privacy laws.
    54    § 2. This act shall take effect immediately.
    55    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    56  sion, section or part of this act shall be adjudged by a court of compe-

        S. 2006--B                         157                        A. 3006--B
 
     1  tent jurisdiction to be invalid, such judgment shall not affect, impair,
     2  or invalidate the remainder thereof, but shall be confined in its opera-
     3  tion  to  the  clause, sentence, paragraph, subdivision, section or part
     4  thereof  directly  involved  in  the  controversy in which such judgment
     5  shall have been rendered. It is hereby declared to be the intent of  the
     6  legislature  that  this act would have been enacted even if such invalid
     7  provisions had not been included herein.
     8    § 4. This act shall take effect immediately  provided,  however,  that
     9  the  applicable effective date of Subparts A through H of this act shall
    10  be as specifically set forth in the last section of such Subparts.
    11    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    12  sion, section or part of this act shall be  adjudged  by  any  court  of
    13  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    14  impair, or invalidate the remainder thereof, but shall  be  confined  in
    15  its  operation  to the clause, sentence, paragraph, subdivision, section
    16  or part thereof directly involved in the controversy in which such judg-
    17  ment shall have been rendered. It is hereby declared to be the intent of
    18  the legislature that this act would  have  been  enacted  even  if  such
    19  invalid provisions had not been included herein.
    20    §  3.  This  act shall take effect immediately provided, however, that
    21  the applicable effective date of Parts A through EE of this act shall be
    22  as specifically set forth in the last section of such Parts.
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