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A03006 Summary:

BILL NOA03006C
 
SAME ASSAME AS UNI. S02006-C
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2017-2018 state fiscal year; relates to the education of homeless children (Part C); relates to extending funding for children and family services (Subpart A); and relates to restructuring financing for residential school placements (Subpart B); (Part K); relates to including child sex trafficking as child abuse (Part L); relates to increasing the age of youth eligible to be served in RHYA programs and to allow for additional length of stay for youth in residential programs (Part M); relates to the licensure of certain health-related services provided by authorized agencies including voluntary foster care agency health facilities (Part N); relates to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part P); relates to expanding inquiries of the statewide central register of child abuse and maltreatment and allowing additional reviews of criminal history information (Part Q); relates to utilizing the reserves of the mortgage insurance fund for various housing purposes (Part R); relates to establishing the savings plan demonstration (Part V).
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A03006 Actions:

BILL NOA03006C
 
01/23/2017referred to ways and means
02/17/2017amend (t) and recommit to ways and means
02/17/2017print number 3006a
03/13/2017amend (t) and recommit to ways and means
03/13/2017print number 3006b
04/04/2017amend (t) and recommit to ways and means
04/04/2017print number 3006c
04/05/2017reported referred to rules
04/05/2017reported
04/05/2017rules report cal.38
04/05/2017substituted by s2006c
 S02006 AMEND=C BUDGET
 01/23/2017REFERRED TO FINANCE
 02/17/2017AMEND (T) AND RECOMMIT TO FINANCE
 02/17/2017PRINT NUMBER 2006A
 03/13/2017AMEND (T) AND RECOMMIT TO FINANCE
 03/13/2017PRINT NUMBER 2006B
 04/04/2017AMEND (T) AND RECOMMIT TO FINANCE
 04/04/2017PRINT NUMBER 2006C
 04/04/2017ORDERED TO THIRD READING CAL.551
 04/04/2017MESSAGE OF NECESSITY - 3 DAY MESSAGE
 04/04/2017PASSED SENATE
 04/04/2017DELIVERED TO ASSEMBLY
 04/04/2017referred to ways and means
 04/05/2017substituted for a3006c
 04/05/2017ordered to third reading rules cal.38
 04/05/2017message of necessity - 3 day message
 04/05/2017passed assembly
 04/05/2017returned to senate
 04/09/2017DELIVERED TO GOVERNOR
 04/20/2017SIGNED CHAP.56
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A03006 Memo:

Memo not available
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A03006 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2006--C                                            A. 3006--C
 
                SENATE - ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        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 -- 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 -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
          to amend the education law, in relation to the education  of  homeless
          children (Part C); intentionally omitted (Part D); intentionally omit-
          ted  (Part  E);  intentionally omitted (Part F); intentionally omitted
          (Part G); intentionally omitted (Part H); intentionally omitted  (Part
          I); intentionally omitted (Part J); to amend chapter 83 of the laws of
          2002,  amending  the  executive law and other laws relating to funding
          for children and family services, in relation to extending the  effec-
          tiveness thereof (Subpart A); and to amend the social services law and
          the education law, in relation to restructuring financing for residen-
          tial school placements (Subpart B) (Part K); to amend the family court
          act,  in  relation  to  the definition of an abused child (Part L); to
          amend the executive law, the family court act and the social  services
          law, in relation to  increasing the age of youth eligible to be served
          in  RHYA programs and to allow for additional length of stay for youth
          in residential programs (Part M); to amend the public health  law,  in
          relation  to the licensure of certain health-related services provided
          by authorized agencies (Part N); intentionally omitted  (Part  O);  to
          amend the social services law, in relation to increasing the standards
          of  monthly  need  for  aged, blind and disabled persons living in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12572-06-7

        S. 2006--C                          2                         A. 3006--C
 
          community (Part P); to amend the social services law, in  relation  to
          expanding  inquiries  of the statewide central register of child abuse
          and maltreatment and allowing additional reviews of  criminal  history
          information  (Part  Q);  to utilize reserves in the mortgage insurance
          fund for various housing  purposes  (Part  R);  intentionally  omitted
          (Part  S); intentionally omitted (Part T); intentionally omitted (Part
          U); and to amend part K of chapter 58 of the laws of 2010 amending the
          social services law relating to establishing the savings  plan  demon-
          stration project, in relation to the effectiveness thereof (Part V)
 
          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 2017-2018
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through V. 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                            Intentionally Omitted
 
    14                                   PART B
 
    15                            Intentionally Omitted
 
    16                                   PART C

    17    Section 1. Section 3209 of the education law, as  amended  by  chapter
    18  569  of  the  laws  of  1994,  paragraphs  a and a-1 of subdivision 1 as
    19  amended and subdivision 2-a as added by chapter 101 of the laws of 2003,
    20  paragraph b of subdivision 3 as amended by section 28 of part B of chap-
    21  ter 57 of the laws of 2007, is amended to read as follows:
    22    § 3209. Education of homeless children. 1. Definitions.
    23    a. Homeless child. For the purposes of this article, the  term  "home-
    24  less child" shall mean:
    25    (1)  a  child or youth who lacks a fixed, regular, and adequate night-
    26  time residence, including a child or youth who is:
    27    (i) sharing the housing of other persons due to  a  loss  of  housing,
    28  economic hardship or a similar reason;
    29    (ii) living in motels, hotels, trailer parks or camping grounds due to
    30  the lack of alternative adequate accommodations;
    31    (iii) abandoned in hospitals; or
    32    (iv) [awaiting foster care placement; or
    33    (v)]  a migratory child, as defined in subsection two of section thir-
    34  teen hundred nine of the Elementary and Secondary Education Act of 1965,
    35  as amended by the Every Student Succeeds Act of 2015, who  qualifies  as

        S. 2006--C                          3                         A. 3006--C
 
     1  homeless under any of the provisions of clauses (i) through [(iv)] (iii)
     2  of this subparagraph or subparagraph two of this paragraph; [or]
     3    (v)  an unaccompanied youth, as defined in section seven hundred twen-
     4  ty-five of subtitle B  of  title  VII  of  the  McKinney-Vento  Homeless
     5  Assistance Act; or
     6    (2) a child or youth who has a primary nighttime location that is:
     7    (i)  a  supervised  publicly or privately operated shelter designed to
     8  provide temporary living accommodations including, but not  limited  to,
     9  shelters operated or approved by the state or local department of social
    10  services, and residential programs for runaway and homeless youth estab-
    11  lished pursuant to article nineteen-H of the executive law; or
    12    (ii)  a  public  or private place not designed for, or ordinarily used
    13  as, a regular sleeping accommodation for human beings, including a child
    14  or youth who is living in a car, park, public space, abandoned building,
    15  substandard housing, bus or train stations or similar setting.
    16    a-1. Exception. For the purposes of this article  the  term  "homeless
    17  child" shall not include a child in a foster care placement or receiving
    18  educational  services  pursuant to subdivision four, five, six, six-a or
    19  seven of section thirty-two hundred two of this [article] part or pursu-
    20  ant to article eighty-one, eighty-five, eighty-seven or eighty-eight  of
    21  this chapter.
    22    b. Designator. The term "designator" shall mean:
    23    (1) the parent or the person in parental relation to a homeless child;
    24  or
    25    (2) the homeless child, if no parent or person in parental relation is
    26  available; or
    27    (3)  the  director  of  a residential program for runaway and homeless
    28  youth established pursuant to article nineteen-H of the  executive  law,
    29  in  consultation  with  the homeless child, where such homeless child is
    30  living in such program.
    31    c. School district of origin. The term  "school  district  of  origin"
    32  shall mean the school district within the state of New York in which the
    33  homeless  child was attending a public school or preschool on a tuition-
    34  free basis or was entitled to  attend  when  circumstances  arose  which
    35  caused such child to become homeless, which is different from the school
    36  district of current location. [Whenever the school district of origin is
    37  designated  pursuant to subdivision two of this section, the child shall
    38  be entitled to return to the school building where previously enrolled.]
    39  School district of origin shall also mean the  school  district  in  the
    40  state  of  New  York  in which the child was residing when circumstances
    41  arose which caused such child to  become  homeless  if  such  child  was
    42  eligible to apply, register, or enroll in public preschool or kindergar-
    43  ten  at the time such child became homeless, or the homeless child has a
    44  sibling who attends a school in the school district in which  the  child
    45  was  residing when circumstances arose which caused such child to become
    46  homeless.
    47    d. School district of current location. The term "school  district  of
    48  current location" shall mean the public school district within the state
    49  of  New York in which the hotel, motel, shelter or other temporary hous-
    50  ing arrangement of a homeless child,  or  the  residential  program  for
    51  runaway  and  homeless  youth,  is  located, which is different from the
    52  school district of origin. [Whenever  the  school  district  of  current
    53  location  is designated pursuant to subdivision two of this section, the
    54  child shall be entitled to attend the school that is zoned  for  his  or
    55  her  temporary location or any school that nonhomeless students who live

        S. 2006--C                          4                         A. 3006--C

     1  in the same attendance zone in which the  homeless  child  or  youth  is
     2  temporarily residing are entitled to attend.]
     3    e.  Regional  placement plan. The term "regional placement plan" shall
     4  mean a comprehensive regional approach to the provision  of  educational
     5  placements  for homeless children which has been approved by the commis-
     6  sioner.
     7    f. Feeder school. The term "feeder school" shall mean:
     8    (1) a preschool whose students are  entitled  to  attend  a  specified
     9  elementary school or group of elementary schools upon completion of that
    10  preschool;
    11    (2) a school whose students are entitled to attend a specified elemen-
    12  tary, middle, intermediate, or high school or group of specified elemen-
    13  tary,  middle,  intermediate,  or  high  schools  upon completion of the
    14  terminal grade of such school; or
    15    (3) a school that sends its students to a receiving school in a neigh-
    16  boring school district pursuant to section two thousand  forty  of  this
    17  chapter.
    18    g.  Preschool. The term "preschool" shall mean a publicly funded prek-
    19  indergarten program administered by the department  or  a  local  educa-
    20  tional  agency  or  a  Head Start program administered by a local educa-
    21  tional agency and/or services under the  Individuals  with  Disabilities
    22  Education Act administered by a local educational agency.
    23    h. Receiving school. The term "receiving school" shall mean:
    24    (1)  a  school  that  enrolls  students  from  a specified or group of
    25  preschools, elementary schools, middle schools, intermediate schools, or
    26  high schools; or
    27    (2) a school that enrolls students from a feeder school in a neighbor-
    28  ing local educational agency pursuant to section two thousand  forty  of
    29  this chapter.
    30    i.  School  of origin. The term "school of origin" shall mean a public
    31  school that a child or youth attended when permanently  housed,  or  the
    32  school  in  which  the  child  or  youth  was last enrolled, including a
    33  preschool or a charter school.  Provided that, for a homeless  child  or
    34  youth  who  completes  the  final  grade  level  served by the school of
    35  origin, the term "school of origin" shall include the designated receiv-
    36  ing school at the next grade level for all feeder schools.    Where  the
    37  child  is  eligible  to  attend  school in the school district of origin
    38  because the child becomes homeless  after  such  child  is  eligible  to
    39  apply,  register,  or  enroll in the public preschool or kindergarten or
    40  the child is living with a school-age sibling who attends school in  the
    41  school district of origin, the school of origin shall include any public
    42  school  or  preschool  in  which  such child would have been entitled or
    43  eligible to attend based on  such  child's  last  residence  before  the
    44  circumstances arose which caused such child to become homeless.
    45    2. Choice of district and school.
    46    a. The designator shall have the right to designate one of the follow-
    47  ing  as  the  school  district  within which the homeless child shall be
    48  entitled to attend upon instruction:
    49    (1) the school district of current location;
    50    (2) the school district of origin; or
    51    (3) a school district participating in a regional placement plan.
    52    b. The designator shall also have the right to designate  one  of  the
    53  following  as  the  school  where  a  homeless child seeks to attend for
    54  instruction:
    55    (1) the school of origin; or

        S. 2006--C                          5                         A. 3006--C
 
     1    (2) any school that nonhomeless children and youth  who  live  in  the
     2  attendance  area  in  which  the  child  or youth is actually living are
     3  eligible to attend, including a preschool.
     4    c.  (1)  Notwithstanding  any  other provision of law to the contrary,
     5  where the public school district in which a homeless child is  temporar-
     6  ily  housed  is  the  [same school district the child was attending on a
     7  tuition-free basis or was entitled to attend  when  circumstances  arose
     8  which  caused  the  child to become homeless] school district of origin,
     9  the homeless child shall be entitled  to  attend  the  schools  of  such
    10  district  without  the payment of tuition in accordance with subdivision
    11  one of section thirty-two hundred two of this article for  the  duration
    12  of  the  homelessness and until the end of the school year in which such
    13  child becomes permanently housed and for one  additional  year  if  that
    14  year  constitutes  the  child's  terminal year in such building.   [Such
    15  child may choose to remain in the public school building they previously
    16  attended until the end of the school year and for one additional year if
    17  that year constitutes the child's terminal year in such building in lieu
    18  of the school serving the attendance zone in which the temporary housing
    19  facility is located.]
    20    (2) Notwithstanding any other provision of law to the contrary,  where
    21  the [public] school [or school district] district of origin or school of
    22  origin  that  a  homeless child was attending on a tuition-free basis or
    23  was entitled to attend when circumstances arose which caused  the  child
    24  to  become homeless is located [outside the state] in New York state and
    25  the homeless child's temporary  housing  arrangement  is  located  in  a
    26  contiguous  state, the homeless child shall be [deemed a resident of the
    27  school district in which the hotel, motel, shelter  or  other  temporary
    28  housing  arrangement  of  the  child  is currently located and shall be]
    29  entitled to [attend the schools of  such  district  without  payment  of
    30  tuition in accordance with subdivision one of section thirty-two hundred
    31  two  of this article. Such district of residence shall not be considered
    32  a school district of origin or a school district of current location for
    33  purposes of this section] attend the school of origin or any school that
    34  nonhomeless children and youth who live in the attendance area in  which
    35  the  child or youth is actually living are eligible to attend, including
    36  a preschool, subject  to  a  best  interest  determination  pursuant  to
    37  subparagraph  three of paragraph f of this subdivision, for the duration
    38  of the homelessness and until the end of the school year in  which  such
    39  child  becomes  permanently  housed  and for one additional year if that
    40  year constitutes the child's terminal year in such building.
    41    (3) Notwithstanding any other provision of law to the contrary,  where
    42  the  child's temporary housing arrangement is located in New York state,
    43  the homeless child shall be entitled to attend the school of  origin  or
    44  any  school  that nonhomeless children and youth who live in the attend-
    45  ance area in which the child or youth is actually living are eligible to
    46  attend, including a preschool, subject to a best interest  determination
    47  pursuant  to  subparagraph three of paragraph f of this subdivision, for
    48  the duration of the homelessness and until the end of the school year in
    49  which such child becomes permanently housed and for one additional  year
    50  if that year constitutes the child's terminal year in such building.
    51    [c.] d. Notwithstanding the provisions of paragraph a of this subdivi-
    52  sion, a homeless child who has designated the school district of current
    53  location  as the district of attendance and who has relocated to another
    54  temporary housing arrangement outside of such district, or to a  differ-
    55  ent  attendance  zone or community school district within such district,
    56  shall be entitled to continue  [the  prior  designation  to  enable  the

        S. 2006--C                          6                         A. 3006--C

     1  student  to  remain]  to attend in the same school building or designate
     2  any school that nonhomeless children and youth who live in  the  attend-
     3  ance area in which the child or youth is actually living are eligible to
     4  attend,  including a preschool, subject to a best interest determination
     5  in accordance with subparagraph three of paragraph f  of  this  subdivi-
     6  sion,  for  the  duration  of  the homelessness and until the end of the
     7  school year in which the child becomes permanently housed  and  for  one
     8  additional  year  if  that year constitutes the child's terminal year in
     9  such building.
    10    [d.] e. Such designation shall be  made  on  forms  specified  by  the
    11  commissioner,  and  shall include the name of the child, the name of the
    12  parent or person in  parental  relation  to  the  child,  the  name  and
    13  location  of  the  temporary housing arrangement, the name of the school
    14  district of origin, the name of the school district  where  the  child's
    15  records  are  located, the complete address where the family was located
    16  at the time circumstances arose which caused such child to become  home-
    17  less  and any other information required by the commissioner. All school
    18  districts, temporary housing facilities operated or approved by a  local
    19  social  services  district,  and  residential facilities for runaway and
    20  homeless youth shall make such forms available and shall ensure that the
    21  completed designation forms are given to the  local  educational  agency
    22  liaison  for the local educational agency in which the designated school
    23  is located in a timeframe prescribed by the commissioner in regulations.
    24  Where the homeless child is located  in  a  temporary  housing  facility
    25  operated  or approved by a local social services district, or a residen-
    26  tial facility for runaway and homeless youth, the director of the facil-
    27  ity or a person designated by the social services district, shall, with-
    28  in  two  business  days,  assist  the  designator  in   completing   the
    29  designation  forms  and  enrolling  the homeless child in the designated
    30  school district and shall forward the completed designation form to  the
    31  local  educational  agency  liaison  for the local educational agency in
    32  which the designated school is located in a timeframe prescribed by  the
    33  commissioner in regulations.
    34    [e.]  f.  Upon  receipt of the designation form, the designated school
    35  district shall immediately:
    36    (1) review the designation form to ensure that it has been completed;
    37    (2) admit the homeless child even if the child or youth is  unable  to
    38  produce  records normally a requirement for enrollment, such as previous
    39  academic records, records of immunization and/or other  required  health
    40  records,  proof  of  residency or other documentation and/or even if the
    41  child has missed application or enrollment deadlines during  any  period
    42  of  homelessness,  if applicable.  Provided that nothing herein shall be
    43  construed to require the immediate attendance  of  an  enrolled  student
    44  lawfully  excluded  from  school  temporarily  pursuant  to section nine
    45  hundred six of this chapter because  of  a  communicable  or  infectious
    46  disease that imposes a significant risk of infection of others;
    47    [(2)]  (3) determine whether the designation made by the designator is
    48  consistent with the best interests of the homeless child  or  youth.  In
    49  determining a homeless child's best interest, a local educational agency
    50  shall:
    51    (i)  presume that keeping the homeless child or youth in the school of
    52  origin is in the child's or youth's best interest, except when doing  so
    53  is  contrary to the request of the child's parent or guardian, or in the
    54  case of an unaccompanied youth, the youth;
    55    (ii) consider student-centered factors, including but not  limited  to
    56  factors related to the impact of mobility on achievement, education, the

        S. 2006--C                          7                         A. 3006--C
 
     1  health  and safety of the homeless child, giving priority to the request
     2  of the child's or youth's parent or guardian or the youth in the case of
     3  an unaccompanied youth;
     4    (iii)  if  after considering student-centered factors and conducting a
     5  best interest school  placement  determination,  the  local  educational
     6  agency  determines  that it is not in the homeless child's best interest
     7  to attend the school of origin or the school designated by the  designa-
     8  tor,  the local educational agency must provide a written explanation of
     9  the reasons for its determination, in a manner and  form  understandable
    10  to  such parent, guardian, or unaccompanied youth.  The information must
    11  also include information regarding the  right  to  a  timely  appeal  in
    12  accordance  with  regulations of the commissioner. The homeless child or
    13  youth must be enrolled in the school in which enrollment  is  sought  by
    14  the designator during the pendency of all available appeals;
    15    (4) treat the homeless child as a resident for all purposes;
    16    [(3)]  (5)  make  a  written  request to the school district where the
    17  child's records are located for a copy of such records; and
    18    [(4)] (6) forward the designation form to the [commissioner, and  the]
    19  school district of origin where applicable.
    20    [f.]  g. Within five days of receipt of a request for records pursuant
    21  to subparagraph [three] five of paragraph [e] f of this subdivision, the
    22  school district shall forward, in a manner  consistent  with  state  and
    23  federal  law, a complete copy of the homeless child's records including,
    24  but not limited to, proof of age, academic records, evaluations, immuni-
    25  zation records, and guardianship papers, if applicable.
    26    [g.] h. Where the school of origin is a  charter  school,  the  school
    27  district  designated  pursuant to this subdivision shall be deemed to be
    28  the school district of residence of such child for  purposes  of  fiscal
    29  and  programmatic responsibility under article fifty-six of this chapter
    30  and shall be responsible for transportation of the homeless child  if  a
    31  social services district is not otherwise responsible pursuant to subdi-
    32  vision four of this section.
    33    i.  The  commissioner  shall  promulgate regulations setting forth the
    34  circumstances pursuant to which a change in designation may be made  and
    35  establishing  a  procedure for the identification of the school district
    36  of origin.
    37    2-a. Notwithstanding any other provision of law to the contrary,  each
    38  local  educational agency, as such term is defined in subsection twenty-
    39  six of section ninety-one hundred one of the  Elementary  and  Secondary
    40  Education  Act  of 1965, as amended by the Every Student Succeeds Act of
    41  2015, shall designate a local educational agency  liaison  for  homeless
    42  children  and  youths  and shall, consistent with the provisions of this
    43  section, otherwise comply with the applicable requirements of paragraphs
    44  three through seven of subsection (g) of section seven  hundred  twenty-
    45  two of subtitle B of title VII of the McKinney-Vento Assistance Act.
    46    3. Reimbursement.
    47    a.  Where  either  the school district of current location or a school
    48  district participating in a regional placement plan is designated as the
    49  district in which the homeless child shall attend upon  instruction  and
    50  such  homeless  child's  school  district  of  origin is within New York
    51  state, the school district providing  instruction,  including  preschool
    52  instruction,  shall  be eligible for reimbursement by the department, as
    53  approved by  the  commissioner,  for  the  direct  cost  of  educational
    54  services,  not  otherwise  reimbursed  under  special  federal programs,
    55  calculated pursuant to regulations of the commissioner for the period of
    56  time for which such services are provided. The claim for such reimburse-

        S. 2006--C                          8                         A. 3006--C

     1  ment shall be in a form prescribed by the commissioner. The  educational
     2  costs for such children shall not be otherwise aidable or reimbursable.
     3    b.  The  school  district of origin shall reimburse the department for
     4  its expenditure for educational services on behalf of a  homeless  child
     5  pursuant  to  paragraph  a of this subdivision in an amount equal to the
     6  school district basic contribution, as such term is defined in  subdivi-
     7  sion  eight of section forty-four hundred one of this chapter, pro-rated
     8  for the period of time for which such services were provided in the base
     9  year by a school district other than the school district of origin. Upon
    10  certification by the commissioner, the comptroller shall deduct from any
    11  state funds which become due to the school district of origin an  amount
    12  equal  to  the reimbursement required to be made by such school district
    13  in accordance with this paragraph, and the amount so deducted shall  not
    14  be included in the operating expense of such district for the purpose of
    15  computing  the  approved  operating  expense  pursuant to paragraph t of
    16  subdivision one of section thirty-six hundred two of this chapter.
    17    4. Transportation.
    18    a. A social services district shall provide for the transportation  of
    19  each  homeless  child,  including  those  in preschool and students with
    20  disabilities identified pursuant to sections forty-four hundred one  and
    21  forty-four  hundred  two  of this chapter whose individualized education
    22  programs include special transportation services, who  is  eligible  for
    23  benefits  pursuant  to  section  three  hundred  fifty-j  of  the social
    24  services law, to and from a temporary  housing  location  in  which  the
    25  child was placed by the social services district and the school attended
    26  by such child pursuant to this section, if such temporary housing facil-
    27  ity  is  located  outside  of the designated school district pursuant to
    28  paragraph a of subdivision  two  of  this  section.  A  social  services
    29  district  shall be authorized to contract with a board of education or a
    30  board of cooperative educational services  for  the  provision  of  such
    31  transportation.  Where  the  social  services district requests that the
    32  designated school district of attendance provide or arrange  for  trans-
    33  portation  for  a homeless child eligible for transportation pursuant to
    34  this paragraph, the  designated  school  district  of  attendance  shall
    35  provide  or  arrange  for  the  transportation  and  the social services
    36  district shall  fully  and  promptly  reimburse  the  designated  school
    37  district  of  attendance  for  the  cost as determined by the designated
    38  school district. This paragraph shall apply  to  placements  made  by  a
    39  social  services district without regard to whether a payment is made by
    40  the district to the operator of the temporary housing facility.
    41    b. [The division for youth, to the extent funds are provided for  such
    42  purpose,  as  determined  by the director of the budget,] The designated
    43  school district of attendance shall provide for  the  transportation  of
    44  each  homeless  child who is living in a residential program for runaway
    45  and homeless youth established pursuant to  article  nineteen-H  of  the
    46  executive  law,  to  and  from  such residential program, and the school
    47  attended by such child pursuant to this section, if such temporary hous-
    48  ing location is located outside  the  designated  school  district.  The
    49  [division for youth or the director of a residential program for runaway
    50  and  homeless  youth] designated district of attendance shall be author-
    51  ized to contract with [a school district  or]  a  board  of  cooperative
    52  educational  services  or a residential program for runaway and homeless
    53  youth for the provision of such  transportation.  The  department  shall
    54  reimburse  the  designated school district of attendance for the cost of
    55  transporting such child to and from  the  residential  program  and  the

        S. 2006--C                          9                         A. 3006--C

     1  school  attended by such child to the extent funds are provided for such
     2  purpose, as determined by the director of the budget.
     3    c.  Notwithstanding any other provision of law, any homeless child not
     4  entitled to receive transportation pursuant to [paragraph] paragraphs  a
     5  and b of this subdivision who requires transportation in order to attend
     6  a  school  [district]  of origin designated pursuant to [paragraph a of]
     7  subdivision two of this section [outside of the district in  which  such
     8  child  is  housed],  shall  be  entitled  to receive such transportation
     9  pursuant to this paragraph. [If the]  The  designated  [school  district
    10  pursuant to paragraph a of subdivision two of this section is the school
    11  district  of  origin  or  a  school district participating in a regional
    12  placement plan, such] school district of attendance shall provide trans-
    13  portation to and from the child's temporary  housing  location  and  the
    14  school  [the child legally attends] of origin. Such transportation shall
    15  not be in excess of fifty miles each way except where  the  commissioner
    16  certifies  that  transportation  in excess of fifty miles is in the best
    17  interest of the child. Any cost incurred for such transportation that is
    18  allowable pursuant to the applicable provision of parts two and three of
    19  article seventy-three of this chapter or herein, shall be aidable pursu-
    20  ant to subdivision seven of section thirty-six hundred two of this chap-
    21  ter, provided that the approved transportation expense shall not  exceed
    22  an  amount  determined  by  the  commissioner  to  be the total cost for
    23  providing the most cost-effective  mode  of  such  transportation  in  a
    24  manner  consistent  with  commissioner's regulations.   The commissioner
    25  shall promulgate regulations setting forth the circumstances pursuant to
    26  which parent  accompaniment  for  transportation  may  be  reimbursable,
    27  including  but not limited to: the age of the child; the distance of the
    28  transportation; the cost-effectiveness of the transportation; and wheth-
    29  er the child has a handicapping condition.
    30    d. Notwithstanding any other provision of law, where a homeless  child
    31  designates  the  school district of current location as the district the
    32  child will attend and such child does not attend the school  of  origin,
    33  such  school  district shall provide transportation to such child on the
    34  same basis as a resident student.
    35    e. [Notwithstanding any other provision of law, if  a  homeless  child
    36  chooses  to  remain  in  the public school building the child previously
    37  attended pursuant to subparagraph one of paragraph b of subdivision  two
    38  of  this  section  or paragraph c of subdivision two of this section the
    39  school district shall provide transportation to  and  from  the  child's
    40  temporary  housing  location and the school the child legally attends if
    41  such temporary housing is located in  a  different  attendance  zone  or
    42  community  school district within such district. The cost of such trans-
    43  portation shall be reimbursed in accordance with the provisions of para-
    44  graph c of this subdivision.] Where the designated  school  district  of
    45  attendance  has  recommended  that  the  homeless  child attend a summer
    46  educational program and the lack of transportation poses  a  barrier  to
    47  such child's participation in the summer educational program, the desig-
    48  nated school district of attendance shall provide transportation.
    49    f.  The  designated  school  district  of  attendance,  or  the social
    50  services district if such child is eligible for transportation from  the
    51  social  services  district  pursuant to paragraph a of this subdivision,
    52  shall provide  or  arrange  for  transportation  to  extracurricular  or
    53  academic activities where:
    54    (1) the homeless child participates in or would like to participate in
    55  an  extracurricular  or  academic  activity,  including  an after-school
    56  activity, at the school;

        S. 2006--C                         10                         A. 3006--C
 
     1    (2) the homeless child meets the relevant eligibility criteria for the
     2  activity; and
     3    (3) the lack of transportation poses a barrier to such child's partic-
     4  ipation in the activity.
     5    g.  Where  the  homeless  child  is temporarily living in a contiguous
     6  state and has designated a school of origin located in the state of  New
     7  York, the designated school district in New York state shall collaborate
     8  with  the  local  educational  agency in which such child is temporarily
     9  living  to  arrange  for  transportation  in  accordance  with   section
    10  722(g)(1)(J)(iii)(II) of the McKinney-Vento Homeless Assistance Act.
    11    h.  Where  the  homeless child is temporarily living in New York state
    12  and continues to attend a school  of  origin  located  in  a  contiguous
    13  state, the school district of current location shall coordinate with the
    14  local educational agency where such child is attending school to arrange
    15  for  transportation  in accordance with section 722(g)(1)(J)(iii)(II) of
    16  the McKinney-Vento Homeless Assistance Act.
    17    i. Transportation as described in this subdivision must be provided to
    18  the homeless child by the designated school district  of  attendance  or
    19  the  social  services  district  for  the  duration of homelessness. The
    20  designated district of attendance  must  transport  the  child  for  the
    21  remainder  of  the  school  year  in which the child becomes permanently
    22  housed and one additional year if  that  year  constitutes  the  child's
    23  terminal year in the designated school. Such transportation shall not be
    24  in  excess  of fifty miles each way except where the commissioner certi-
    25  fies that transportation in excess of fifty miles is in the best  inter-
    26  est  of the child. The designated school district of attendance shall be
    27  entitled to reimbursement from the current school district in which  the
    28  child  becomes  permanently housed for any cost incurred for transporta-
    29  tion for the remainder of the school year after the child becomes perma-
    30  nently housed and one additional  year  if  that  year  constitutes  the
    31  child's terminal year in the designated school.
    32    5. Each school district shall:
    33    a.   establish  procedures,  in  accordance  with  42  U.S.C.  section
    34  11432(g)(3)(E), for the prompt resolution of disputes  regarding  school
    35  selection or enrollment of a homeless child or youth, including, but not
    36  limited  to,  disputes  regarding  transportation  and/or  a  child's or
    37  youth's status as a homeless child or unaccompanied youth;
    38    b. provide a written explanation, including a statement regarding  the
    39  right  to  appeal  pursuant to 42 U.S.C. section 11432(g)(3)(E)(ii), the
    40  name, post office address and telephone number of the local  educational
    41  agency  liaison  and  the  form petition for commencing an appeal to the
    42  commissioner pursuant to section three hundred ten of this chapter of  a
    43  final determination regarding enrollment, school selection and/or trans-
    44  portation, to the homeless child's or youth's parent or guardian, if the
    45  school district declines to either enroll and/or transport such child or
    46  youth  to  the  school  of origin or a school requested by the parent or
    47  guardian; and
    48    c. shall immediately enroll the child or youth in the school in  which
    49  enrollment  is  sought  pending final resolution of the dispute over the
    50  school district's final determination of the child's or youth's homeless
    51  status, including all available appeals  within  the  local  educational
    52  agency  and the commissioner pursuant to the provisions of section three
    53  hundred ten of this chapter.
    54    6. a. By  January  thirty-first,  nineteen  hundred  ninety-five,  the
    55  commissioner,  the commissioner of [social services, and the director of
    56  the division for youth] the office of temporary and  disability  assist-

        S. 2006--C                         11                         A. 3006--C
 
     1  ance  and the commissioner of the office of children and family services
     2  shall develop a plan to ensure coordination and access to education  for
     3  homeless children and shall annually review such plan.
     4    b.  The commissioner shall periodically monitor local school districts
     5  to ensure their compliance with the provisions of this article, and that
     6  such districts review and revise any  local  regulations,  policies,  or
     7  practices  that  may  act as barriers to the enrollment or attendance of
     8  homeless children in school or their receipt of comparable  services  as
     9  defined in Part B of Title VII of the Federal Stewart B. McKinney Act.
    10    c.  School districts shall periodically report such information to the
    11  commissioner as he or she may require to carry out the purposes of  this
    12  section.
    13    [6.] 7. Public welfare officials, except as otherwise provided by law,
    14  shall  furnish  indigent  children with suitable clothing, shoes, books,
    15  food, transportation and other necessaries to enable them to attend upon
    16  instruction as required by law. Upon demonstration of need, such  neces-
    17  saries  shall  also  include transportation of indigent children for the
    18  purposes of evaluations pursuant to section forty-four  hundred  ten  of
    19  this  chapter and title II-A of article twenty-five of the public health
    20  law.
    21    [7.] 8. Information about a homeless child's or youth's  living  situ-
    22  ation shall be treated as a student educational record, and shall not be
    23  deemed  to  be  directory information, under the McKinney-Vento Homeless
    24  Assistance Act, as amended by the Every Student Succeeds Act of 2015.
    25    9. Each homeless child to be assisted  under  this  section  shall  be
    26  provided  services  comparable  to services offered to other students in
    27  the school selected under this section, including the following:  trans-
    28  portation  services;  educational  services for which the child or youth
    29  meets the eligibility criteria, such as services provided under Title  I
    30  of  the  Elementary and Secondary Education Act of 1965 or similar state
    31  or local programs; educational programs for children with  disabilities;
    32  educational  programs for English learners; programs in career and tech-
    33  nical education; programs for gifted and talented students;  and  school
    34  nutrition programs.
    35    10.  The  commissioner  may  promulgate  regulations  to carry out the
    36  purposes of this section.
    37    § 2. Paragraph a of subdivision 1 of section  3209  of  the  education
    38  law,  as added by chapter 569 of the laws of 1994, is amended to read as
    39  follows:
    40    a. Homeless child. For the purposes of this article, the  term  "home-
    41  less child" shall mean:
    42    (1)  a  child who lacks a fixed, regular, and adequate nighttime resi-
    43  dence, including a child or youth who is:
    44    (i) sharing the housing of other persons due to  a  loss  of  housing,
    45  economic hardship or a similar reason;
    46    (ii) living in motels, hotels, trailer parks or camping grounds due to
    47  the lack of alternative adequate accommodations;
    48    (iii) abandoned in hospitals;
    49    (iv)  a migratory child, as defined in subsection two of section thir-
    50  teen hundred nine of the Elementary and Secondary Education Act of 1965,
    51  as amended by the Every Student Succeeds Act of 2015, who  qualifies  as
    52  homeless  under  any  of  the provisions of clauses (i) through (iii) of
    53  this subparagraph or subparagraph two of this paragraph; or
    54    (v) an unaccompanied youth, as defined in section seven hundred  twen-
    55  ty-five  of  subtitle  B  of  title  VII  of the McKinney-Vento Homeless
    56  Assistance Act; or

        S. 2006--C                         12                         A. 3006--C
 
     1    (2) a child who has a primary nighttime location that is:
     2    (i)  a  supervised  publicly or privately operated shelter designed to
     3  provide temporary living accommodations including, but not  limited  to,
     4  shelters operated or approved by the state or local department of social
     5  services, and residential programs for runaway and homeless youth estab-
     6  lished pursuant to article nineteen-H of the executive law; or
     7    (ii)  a  public  or private place not designed for, or ordinarily used
     8  as, a regular sleeping accommodation for human beings, including a child
     9  or youth who is living in a car, park, public space, abandoned building,
    10  substandard housing, bus or train stations or similar setting.
    11    (3) the term "homeless child" shall not include a child in foster care
    12  placement or receiving  educational  services  pursuant  to  subdivision
    13  four,  five,  six,  six-a  or seven of section thirty-two hundred two of
    14  this article or pursuant to article eighty-one, eighty-five, eighty-sev-
    15  en or eighty-eight of this chapter.
    16    § 3. This act shall take effect immediately; provided, however, that:
    17    (a) the amendments to paragraph a of subdivision 1 of section 3209  of
    18  the  education  law  made by section one of this act shall be subject to
    19  the expiration and reversion of such paragraph pursuant to section 5  of
    20  chapter  101  of  the  laws of 2003, as amended, when upon such date the
    21  provisions of section two of this act shall take effect;
    22    (b) the amendments to paragraph a-1 of subdivision 1 of  section  3209
    23  of  the  education  law made by section one of this act shall not affect
    24  the expiration of such paragraph and shall be deemed  to  expire  there-
    25  with; and
    26    (c) the amendments to subdivision 2-a of section 3209 of the education
    27  law  made by section one of this act shall not affect the repeal of such
    28  subdivision and shall be deemed repealed therewith.
 
    29                                   PART D
 
    30                            Intentionally Omitted
 
    31                                   PART E
 
    32                            Intentionally Omitted
 
    33                                   PART F
 
    34                            Intentionally Omitted
 
    35                                   PART G
 
    36                            Intentionally Omitted

    37                                   PART H
 
    38                            Intentionally Omitted
 
    39                                   PART I
 
    40                            Intentionally Omitted
 
    41                                   PART J
 
    42                            Intentionally Omitted

        S. 2006--C                         13                         A. 3006--C
 
     1                                   PART K
 
     2    Section  1.  This part enacts into law major components of legislation
     3  which are necessary for the financing of various child welfare services.
     4  Each component is  wholly  contained  within  a  subpart  identified  as
     5  subparts  A  through B. The effective date for each particular provision
     6  contained within a subpart is set forth in  the  last  section  of  such
     7  subpart.  Any  provision  in  any  section  contained  within a subpart,
     8  including the effective date of the subpart, which makes reference to  a
     9  section  "of  this  act",  when  used in connection with that particular
    10  component, shall be deemed  to  mean  and  refer  to  the  corresponding
    11  section  of the subpart in which it is found. Section three of this part
    12  sets forth the general effective date of this part.
 
    13                                  SUBPART A
 
    14    Section 1. Section 28 of part C of chapter 83 of  the  laws  of  2002,
    15  amending  the executive law and other laws relating to funding for chil-
    16  dren and family services, as amended by section 1 of part F  of  chapter
    17  57 of the laws of 2012, is amended to read as follows:
    18    §  28.  This act shall take effect immediately; provided that sections
    19  nine through eighteen and twenty through twenty-seven of this act  shall
    20  be  deemed  to  have been in full force and effect on and after April 1,
    21  2002; provided, however, that section fifteen of this act shall apply to
    22  claims that are otherwise reimbursable by the state on or after April 1,
    23  2002 except as provided in subdivision 9 of section 153-k of the  social
    24  services  law  as added by section fifteen of this act; provided further
    25  however, that nothing in this act shall authorize the office of children
    26  and family services to deny state reimbursement  to  a  social  services
    27  district for violations of the provisions of section 153-d of the social
    28  services  law  for  services provided from January 1, 1994 through March
    29  31, 2002; provided that section nineteen of this act shall  take  effect
    30  September  13,  2002  and  shall  expire and be deemed repealed June 30,
    31  2012; and, provided further, however, that notwithstanding  any  law  to
    32  the  contrary, the office of children and family services shall have the
    33  authority to promulgate, on an emergency  basis,  any  rules  and  regu-
    34  lations  necessary to implement the requirements established pursuant to
    35  this act; provided further, however, that the regulations to  be  devel-
    36  oped  pursuant  to section one of this act shall not be adopted by emer-
    37  gency rule; and provided further that the provisions  of  sections  nine
    38  through  eighteen  and  twenty  through  twenty-seven  of this act shall
    39  expire and be deemed repealed on June 30, [2017] 2022.
    40    § 2. This act shall take effect immediately.
 
    41                                  SUBPART B
 
    42    Section 1. Subdivision 10 of section 153 of the social  services  law,
    43  as  amended by section 2 of part O of chapter 58 of the laws of 2011, is
    44  amended to read as follows:
    45    10. Expenditures made by a social services district  for  the  mainte-
    46  nance  of children with disabilities, placed by school districts, pursu-
    47  ant to section forty-four hundred five of the education  law  shall,  if
    48  approved  by  the  office of children and family services, be subject to
    49  eighteen and four hundred twenty-four thousandths percent  reimbursement
    50  by  the  state and thirty-eight and four hundred twenty-four thousandths
    51  percent reimbursement by school districts, except  for  social  services

        S. 2006--C                         14                         A. 3006--C
 
     1  districts  located  within  a  city  with a population of one million or
     2  more, where such expenditures shall be subject to  fifty-six  and  eight
     3  hundred  forty-eight  thousandths  percent  reimbursement  by the school
     4  district,  in  accordance with paragraph c of subdivision one of section
     5  forty-four hundred five of the  education  law,  after  first  deducting
     6  therefrom  any  federal  funds  received or to be received on account of
     7  such expenditures, except that in the case  of  a  student  attending  a
     8  state-operated  school for the deaf or blind pursuant to article eighty-
     9  seven or eighty-eight of the education law who was not  placed  in  such
    10  school  by a school district such expenditures shall be subject to fifty
    11  percent reimbursement by the state after first deducting  therefrom  any
    12  federal funds received or to be received on account of such expenditures
    13  and  there  shall be no reimbursement by school districts. Such expendi-
    14  tures shall not be subject to the  limitations  on  state  reimbursement
    15  contained  in  subdivision  two  of section one hundred fifty-three-k of
    16  this title. In the event of the failure of the school district  to  make
    17  the  maintenance payment pursuant to the provisions of this subdivision,
    18  the state comptroller shall withhold state  reimbursement  to  any  such
    19  school  district in an amount equal to the unpaid obligation for mainte-
    20  nance and pay over such sum to the social services district upon certif-
    21  ication of the  commissioner  of  the  office  of  children  and  family
    22  services  and  the commissioner of education that such funds are overdue
    23  and owed by such school district.   The commissioner of  the  office  of
    24  children  and  family services, in consultation with the commissioner of
    25  education, shall promulgate regulations to implement the  provisions  of
    26  this subdivision.
    27    §  2.  Paragraph  (a)  of subdivision 2 of section 153-k of the social
    28  services law, as added by section 15 of part C of chapter 83 of the laws
    29  of 2002, is amended to read as follows:
    30    (a) Notwithstanding the provisions of this chapter or of any other law
    31  to the contrary, eligible expenditures by a social services district for
    32  foster care services shall be subject to reimbursement with state  funds
    33  only  to  the  extent  of annual appropriations to the state foster care
    34  block grant. Such foster care services shall  include  expenditures  for
    35  the  provision and administration of: care, maintenance, supervision and
    36  tuition; supervision of foster children placed in federally  funded  job
    37  corps programs; and care, maintenance, supervision and tuition for adju-
    38  dicated  juvenile  delinquents and persons in need of supervision placed
    39  in residential programs operated by authorized agencies and  in  out-of-
    40  state  residential  programs;  except  that,  notwithstanding  any other
    41  provision of law to the contrary, reimbursement with state funds  pursu-
    42  ant  to  the  state  foster  care block grant shall not be available for
    43  tuition expenditures for foster children, including persons in  need  of
    44  supervision  and  adjudicated  juvenile  delinquents,  made  by a social
    45  services district located within a  city  having  a  population  of  one
    46  million  or more.   Social services districts must develop and implement
    47  children and family services  delivery  systems  that  are  designed  to
    48  reduce  the  need  for and the length of foster care placements and must
    49  document their efforts in the multi-year consolidated services plan  and
    50  the  annual implementation reports submitted pursuant to section thirty-
    51  four-a of this chapter.
    52    § 3. Paragraph c of subdivision 1 of section  4405  of  the  education
    53  law,  as  amended  by  section  1 of part O of chapter 58 of the laws of
    54  2011, is amended to read as follows:
    55    c. Expenditures made by a social services district for the maintenance
    56  of a child with a disability placed in a residential  school  under  the

        S. 2006--C                         15                         A. 3006--C
 
     1  provisions  of  this article, including a child with a disability placed
     2  by a school district committee on special  education  pursuant  to  this
     3  article  in  a special act school district, or a state school subject to
     4  the  provisions  of articles eighty-seven and eighty-eight of this chap-
     5  ter, shall be subject to  [thirty-eight  and  four  hundred  twenty-four
     6  thousandths  percent]  reimbursement  by  the child's school district of
     7  residence pursuant to the provisions of subdivision ten of  section  one
     8  hundred  fifty-three  of  the  social  services  law. The amount of such
     9  reimbursement shall be a charge upon such school district of residence.
    10    § 4. This act shall take effect immediately; provided,  however,  that
    11  the  amendments  to subdivision 10 of section 153 of the social services
    12  law made by section one of this act shall not affect the  expiration  of
    13  such  subdivision and shall expire therewith; and the amendments made to
    14  paragraph (a) of subdivision 2 of section 153-k of the  social  services
    15  law  made by section two of this act shall not affect the repeal of such
    16  section and shall be deemed repealed therewith.
    17    § 2. Severability. If any clause, sentence, paragraph, subdivision  or
    18  section  of this part shall be adjudged by any court of competent juris-
    19  diction to be invalid, such judgment shall not affect, impair, or inval-
    20  idate the remainder thereof, but shall be confined in its  operation  to
    21  the clause, sentence, paragraph, subdivision or section thereof directly
    22  involved  in  the  controversy  in  which  such judgment shall have been
    23  rendered. It is hereby declared to be the intent of the legislature that
    24  this part would have been enacted even if such  invalid  provisions  had
    25  not been included herein.
    26    §  3.  This act shall take effect immediately; provided, however, that
    27  the applicable effective date of subparts A and B of this part shall  be
    28  as specifically set forth in the last section of such subparts.
 
    29                                   PART L
 
    30    Section  1.  Paragraph (iii) of subdivision (e) of section 1012 of the
    31  family court act, as amended by chapter 320 of  the  laws  of  2006,  is
    32  amended to read as follows:
    33    (iii)  (A)  commits, or allows to be committed an offense against such
    34  child defined in article one  hundred  thirty  of  the  penal  law;  (B)
    35  allows,  permits or encourages such child to engage in any act described
    36  in sections 230.25, 230.30 and 230.32 of the penal law; (C) commits  any
    37  of the acts described in sections 255.25, 255.26 and 255.27 of the penal
    38  law;  [or]  (D) allows such child to engage in acts or conduct described
    39  in article two hundred sixty-three of the penal law; or (E)  permits  or
    40  encourages  such  child  to engage in any act or commits or allows to be
    41  committed against such child any offense that would  render  such  child
    42  either  a victim of sex trafficking or a victim of severe forms of traf-
    43  ficking in persons pursuant to 22 U.S.C. 7102 as enacted by  public  law
    44  106-386  or  any  successor federal statute; (F) provided, however, that
    45  [(a)] (1) the corroboration requirements contained in the penal law  and
    46  [(b)] (2) the age requirement for the application of article two hundred
    47  sixty-three  of such law shall not apply to proceedings under this arti-
    48  cle.
    49    § 2. This act shall take effect immediately.
 
    50                                   PART M

        S. 2006--C                         16                         A. 3006--C
 
     1    Section 1. Paragraph a of subdivision 2 of section 420 of  the  execu-
     2  tive law, as amended by section 3 of part G of chapter 57 of the laws of
     3  2013, is amended to read as follows:
     4    a.  (1) A municipality may submit to the office of children and family
     5  services a plan for the providing of services for runaway  and  homeless
     6  youth,  as  defined  in  article  nineteen-H of this chapter. Where such
     7  municipality is receiving state aid pursuant to paragraph a of  subdivi-
     8  sion  one of this section, such runaway and homeless youth plan shall be
     9  submitted as part of the comprehensive plan and shall be consistent with
    10  the goals and objectives therein.
    11    (2) A runaway and homeless youth plan shall be developed in  consulta-
    12  tion  with  the municipal youth bureau and the county or city department
    13  of social services, shall be in accordance with the regulations  of  the
    14  office  of children and family services, shall provide for a coordinated
    15  range of services for runaway and  homeless  youth  and  their  families
    16  including preventive, temporary shelter, transportation, counseling, and
    17  other  necessary  assistance,  and shall provide for the coordination of
    18  all available county resources for runaway and homeless youth and  their
    19  families  including  services  available  through  the  municipal  youth
    20  bureau, the county or city department of social services,  local  boards
    21  of  education,  local  drug  and  alcohol  programs and organizations or
    22  programs which have past experience dealing with  runaway  and  homeless
    23  youth. [Such]
    24    (3) In its plan a municipality may:
    25    (i)  include  provisions  for  transitional independent living support
    26  programs [for homeless youth between the ages of sixteen and twenty-one]
    27  and runaway and homeless youth crisis services programs as  provided  in
    28  article nineteen-H of this chapter;
    29    (ii) authorize services under article nineteen-H of this chapter to be
    30  provided  to  homeless  young adults, as such term is defined in section
    31  five hundred thirty-two-a of this chapter;
    32    (iii) authorize runaway and homeless youth to be served in  accordance
    33  with any of the following provisions of this chapter:
    34    (A)  paragraphs (a) and (b) of subdivision two of section five hundred
    35  thirty-two-b;
    36    (B) paragraph (b) of subdivision one of section five  hundred  thirty-
    37  two-d;
    38    (C)  paragraph  (c) of subdivision two of section five hundred thirty-
    39  two-b;
    40    (D) paragraph (c) of subdivision one of section five  hundred  thirty-
    41  two-d;
    42    (E)  to allow a youth under the age of sixteen to be served in a tran-
    43  sitional independent living support  program  pursuant  to  subparagraph
    44  (ii)  of  paragraph (a) of subdivision one of section five hundred thir-
    45  ty-two-d; and
    46    (iv) if a municipality provides shelter in accordance with items  (C),
    47  (D) and (E) of clause (iii) of this subparagraph, then such municipality
    48  shall,  within  sixty  days,  notify  the  office of children and family
    49  services in writing of the circumstances  that  made  the  provision  of
    50  shelter necessary, efforts made by the program to find suitable alterna-
    51  tive  living  arrangements  for  such  youth,  and  the  outcome of such
    52  efforts. If the office determines that such shelter  was  inappropriate,
    53  the  office  may  instruct  the  program  on how to seek a more suitable
    54  alternative living arrangement.
    55    (4) Such plan shall also provide for the designation and duties of the
    56  runaway and homeless youth service coordinator defined in  section  five

        S. 2006--C                         17                         A. 3006--C
 
     1  hundred  thirty-two-a  of this chapter who is available on a twenty-four
     2  hour basis and maintains information concerning available shelter space,
     3  transportation and services.
     4    (5) Such plan may include provision for the per diem reimbursement for
     5  residential  care  of runaway and homeless youth in [approved] certified
     6  residential runaway and homeless youth  programs  which  are  authorized
     7  agencies[,  provided that such per diem reimbursement shall not exceed a
     8  total of thirty days for any one youth].
     9    § 2. Subdivisions 1, 2, 4 and 6 of section 532-a of the executive law,
    10  subdivisions 1 and 2 as amended by chapter 800  of  the  laws  of  1985,
    11  subdivisions  4 and 6 as amended by section 6 of part G of chapter 57 of
    12  the laws of 2013, are amended, and a new subdivision 9 is added, to read
    13  as follows:
    14    1. "Runaway youth" shall mean a person under the age of eighteen years
    15  who is absent from his or her legal residence without the consent of his
    16  or her parent, legal guardian or custodian.
    17    2. "Homeless youth" shall mean:
    18    (a) a person under the age of [twenty-one] eighteen who is in need  of
    19  services  and  is  without a place of shelter where supervision and care
    20  are available; or
    21    (b) a person who is under the age of twenty-one but is  at  least  age
    22  eighteen  and who is in need of services and is without a place of shel-
    23  ter.
    24    (c) Provided however, when  a  municipality's  approved  comprehensive
    25  plan  authorizes  that  services pursuant to this article be provided to
    26  "homeless young adults" as such term is defined in  this  section,  then
    27  for  purposes  related to the provisions of that municipality's approved
    28  comprehensive plan that include "homeless young adults", the term "home-
    29  less youth" as used in this article shall be deemed to include "homeless
    30  young adults".
    31    4. "[Approved runaway] Runaway  and  homeless  youth  crisis  services
    32  program" shall mean:
    33    (a) any non-residential program approved by the office of children and
    34  family  services, after submission by the municipality[,] as part of its
    35  comprehensive plan, that provides services to runaway youth and homeless
    36  youth in accordance with the regulations of the office of  children  and
    37  family services; or
    38    (b) any residential [facility] program which is operated by an author-
    39  ized  agency  as  defined  in  subdivision  ten of section three hundred
    40  seventy-one of the social services law, and [approved] certified by  the
    41  office  of children and family services [after submission by the munici-
    42  pality as part of its comprehensive plan, established and  operated]  to
    43  provide  short-term  residential  services to runaway youth and homeless
    44  youth in accordance with the applicable regulations  of  the  office  of
    45  temporary and disability assistance and the office of children and fami-
    46  ly services. [Such]
    47    (c)  Runaway  and  homeless  youth  crisis  services programs may also
    48  provide non-residential crisis intervention and, if certified,  residen-
    49  tial respite services to youth in need of crisis intervention or respite
    50  services,  as such term is defined in this section.  Residential respite
    51  services in [an approved] a certified runaway and homeless youth  crisis
    52  services  program may be provided to such youth for no more than twenty-
    53  one days, in accordance with the regulations of the office  of  children
    54  and  family services and section seven hundred thirty-five of the family
    55  court act.
    56    6. "Transitional independent living support program" shall mean:

        S. 2006--C                         18                         A. 3006--C
 
     1    (a) any non-residential program approved by the office of children and
     2  family services, after submission by the municipality  as  part  of  its
     3  comprehensive  plan,  [or]  that  provides supportive services to enable
     4  homeless youth to progress from crisis care  and  transitional  care  to
     5  independent living, in accordance with the applicable regulations of the
     6  office of children and family services; or
     7    (b)  any  residential [facility approved by the office of children and
     8  family services after submission by the  municipality  as  part  of  its
     9  comprehensive  plan to offer youth development programs,] program estab-
    10  lished and operated to provide supportive services, [for a period of  up
    11  to  eighteen months] in accordance with the regulations of the office of
    12  children and family services, to enable homeless youth [between the ages
    13  of sixteen and twenty-one] to progress from crisis care and transitional
    14  care to independent living.
    15    [Such] (c) A transitional independent living support program may  also
    16  provide  services  to  youth  in  need of crisis intervention or respite
    17  services. Notwithstanding the time limitation in paragraph (i) of subdi-
    18  vision (d) of section seven hundred thirty-five of the family court act,
    19  residential respite services may be provided in a transitional independ-
    20  ent living support program for a period of more than twenty-one days.
    21    9. "Homeless young adult" shall mean a person who is  age  twenty-four
    22  or younger but is at least age twenty-one and who is in need of services
    23  and is without a place of shelter.
    24    §  3.  Section  532-b of the executive law, as added by chapter 722 of
    25  the laws of 1978, the opening paragraph of subdivision 1 as  amended  by
    26  chapter  182  of  the  laws  of  2002, paragraph (a) of subdivision 1 as
    27  amended by section 15 of part E of chapter 57 of the laws of 2005, para-
    28  graph (e) of subdivision 1 as amended by chapter  569  of  the  laws  of
    29  1994,  and subdivision 2 as amended by section 7 of part G of chapter 57
    30  of the laws of 2013, is amended to read as follows:
    31    § 532-b. Powers and duties of [approved] runaway [program]  and  home-
    32  less  youth  crisis  services  programs.  1.   Notwithstanding any other
    33  provision of law, pursuant to regulations of the office of children  and
    34  family  services  [an  approved]  a  runaway  and  homeless youth crisis
    35  services program is authorized to and shall:
    36    (a) provide assistance to any runaway or homeless youth  or  youth  in
    37  need of crisis intervention or respite services as defined in this arti-
    38  cle;
    39    (b) attempt to determine the cause for the youth's runaway or homeless
    40  status;
    41    (c)  explain  to  the runaway [and] or homeless youth his or her legal
    42  rights and options of service  or  other  assistance  available  to  the
    43  youth;
    44    (d) work towards reuniting such youth with his or her parent or guard-
    45  ian as soon as practicable in accordance with section five hundred thir-
    46  ty-two-c of this article;
    47    (e) assist in arranging for necessary services for runaway or homeless
    48  youth,  and where appropriate, their families, including but not limited
    49  to food, shelter, clothing, medical care, education and  individual  and
    50  family  counseling.  Where  the  [approved]  runaway  and homeless youth
    51  crisis services program concludes that such runaway  or  homeless  youth
    52  would  be  eligible for assistance, care or services from a local social
    53  services district, it shall assist the youth in  securing  such  assist-
    54  ance, care or services as the youth is entitled to; [and]
    55    (f)  immediately report to the [local child protective service] state-
    56  wide central register of child  abuse  and  maltreatment  or  vulnerable

        S. 2006--C                         19                         A. 3006--C
 
     1  persons' central register, as appropriate, where it has reasonable cause
     2  to  suspect  that  the  runaway  or  homeless  youth  has been abused or
     3  neglected or when such youth maintains such to be the case[.];
     4    (g)  contact  the  appropriate local social services district if it is
     5  believed that the youth may be  a  destitute  child,  as  such  term  is
     6  defined in section one thousand ninety-two of the family court act.  The
     7  office  of  children and family services shall provide appropriate guid-
     8  ance to the runaway and homeless youth crisis services program on how to
     9  accurately identify a youth that may be a destitute child; and
    10    (h) provide information to  eligible  youth  about  their  ability  to
    11  re-enter  foster  care  in  accordance  with article ten-B of the family
    12  court act, and in appropriate cases, refer any such  youth  who  may  be
    13  interested  in  re-entering  foster  care to the applicable local social
    14  services district. The office of  children  and  family  services  shall
    15  provide  the runaway and homeless youth crisis services program with the
    16  appropriate educational materials to give to  eligible  youth  regarding
    17  their ability to re-enter foster care. The office of children and family
    18  services  shall  also  provide  appropriate  guidance to the runaway and
    19  homeless youth crisis services program on  how  to  accurately  identify
    20  youth that may be eligible to re-enter foster care and how to refer such
    21  youth to the applicable local social services district if appropriate.
    22    2.  [The] (a) A runaway youth may remain in [the] a certified residen-
    23  tial runaway and homeless youth crisis services program on  a  voluntary
    24  basis  for  a period not to exceed thirty days, or for a youth age four-
    25  teen or older for a period up to  sixty  days  when  authorized  in  the
    26  applicable  municipality's approved comprehensive plan, from the date of
    27  admission where the filing of a petition pursuant to article ten of  the
    28  family  court act is not contemplated, in order that arrangements can be
    29  made for the runaway youth's return home, alternative residential place-
    30  ment pursuant to  section  three  hundred  ninety-eight  of  the  social
    31  services law, or any other suitable plan.
    32    (b)  If  the  runaway  youth  and  the  parent,  guardian or custodian
    33  agree[,] in writing, the runaway youth may remain in [the runaway]  such
    34  program up to sixty days, or up to  one hundred twenty days when author-
    35  ized  in  the  applicable  municipality's  approved county comprehensive
    36  plan, without the filing of a petition pursuant to article  ten  of  the
    37  family  court  act,  provided  that  in any such case the facility shall
    38  first have obtained the approval of the applicable municipal runaway and
    39  homeless youth services coordinator, who shall notify the municipality's
    40  youth bureau of his or her approval together with a statement as to  the
    41  reason   why  such  additional  residential  stay  is  necessary  and  a
    42  description of the efforts  being  made  to  find  suitable  alternative
    43  living arrangements for such youth.
    44    (c)  A runaway youth may remain in a certified residential runaway and
    45  homeless youth crisis services  program  beyond  the  applicable  period
    46  authorized  by  paragraph (a) or (b) of this subdivision, if the munici-
    47  pality has notified the  office  of  children  and  family  services  in
    48  accordance  with  clause  (iv)  of  subparagraph three of paragraph a of
    49  subdivision two of section four hundred twenty of this chapter.
    50    § 4. Section 532-c of the executive law, as added by  chapter  722  of
    51  the laws of 1978, is amended to read as follows:
    52    § 532-c. Notice to parent; return of runaway youth to parent; alterna-
    53  tive  living arrangements.   1. The staff of [the] a residential runaway
    54  and homeless youth crisis services program shall, to the maximum  extent
    55  possible,  preferably  within  twenty-four hours but within no more than
    56  seventy-two hours following the  youth's  admission  into  the  program,

        S. 2006--C                         20                         A. 3006--C
 
     1  notify  such runaway youth's parent, guardian or custodian of his or her
     2  physical and emotional condition, and the circumstances surrounding  the
     3  runaway  youth's  presence  at  the program, unless there are compelling
     4  circumstances  why  the  parent,  guardian or custodian should not be so
     5  notified. Where such circumstances exist, the [runaway] program director
     6  or his or her designee shall either file an appropriate petition in  the
     7  family  court, refer the youth to the local social services district, or
     8  in instances where abuse or  neglect  is  suspected,  report  such  case
     9  pursuant to title six of article six of the social services law.
    10    2.  Where  custody of the youth upon leaving the [approved] program is
    11  assumed by a relative or other person, other than the parent or  guardi-
    12  an,  the  staff of the program shall so notify the parent or guardian as
    13  soon as practicable after the release of the youth. The officers, direc-
    14  tors or employees of [an approved runaway] the program shall  be  immune
    15  from  any  civil or criminal liability for or arising out of the release
    16  of a runaway or homeless youth to a relative or other responsible person
    17  other than a parent or guardian.
    18    § 5. Section 532-d of the executive law, as amended by chapter 182  of
    19  the  laws  of  2002, subdivisions (e) and (g) as amended and subdivision
    20  (f) as added by section 16 of part E of chapter 57 of the laws of  2005,
    21  is amended to read as follows:
    22    § 532-d. Residential [facilities operated as] transitional independent
    23  living  support  programs. Notwithstanding any inconsistent provision of
    24  law, pursuant to regulations  of  the  office  of  children  and  family
    25  services,  residential  facilities operating as transitional independent
    26  living support programs are authorized to and shall:
    27    [(a)] 1. (a) (i) provide shelter to homeless youth [between  the  ages
    28  of  sixteen  and twenty-one as defined in this article] who are at least
    29  age sixteen.
    30    (ii) Provided, however, that shelter may be  provided  to  a  homeless
    31  youth  under  the  age  of  sixteen if the municipality has notified the
    32  office of children and family services in accordance with clause (iv) of
    33  subparagraph three of paragraph a of subdivision  two  of  section  four
    34  hundred twenty of this chapter.
    35    (b)  Shelter  may  be  provided  to a homeless youth in a transitional
    36  independent living program for a period of up to eighteen months, or  up
    37  to  twenty-four  months when authorized in the applicable municipality's
    38  approved comprehensive plan;
    39    (c) A homeless youth who entered  a  transitional  independent  living
    40  program  under  the  age  of  twenty-one may continue to receive shelter
    41  services in such program beyond  the  applicable  period  authorized  by
    42  paragraph  (b) of this subdivision, if the municipality has notified the
    43  office of children and family services in accordance with clause (iv) of
    44  subparagraph three of paragraph a of subdivision  two  of  section  four
    45  hundred twenty of this chapter;
    46    [(b)]  2.  work  toward  reuniting such homeless youth with his or her
    47  parent, guardian or custodian, where possible;
    48    [(c)] 3. provide or assist in securing  necessary  services  for  such
    49  homeless  youth, and where appropriate, his or her family, including but
    50  not limited to housing, educational, medical care, legal, mental health,
    51  and substance and alcohol abuse services. Where such  program  concludes
    52  that  such  homeless  youth  would  be  eligible for assistance, care or
    53  services from a local social services district,  it  shall  assist  such
    54  youth in securing such assistance, care or services;
    55    [(d)]  4. for a homeless youth whose service plan involves independent
    56  living, provide practical assistance in achieving  independence,  either

        S. 2006--C                         21                         A. 3006--C
 
     1  through  direct provision of services or through written agreements with
     2  other community and public agencies for the provision of services in the
     3  following areas; high school education or high school equivalency educa-
     4  tion; higher education assessment; job training and job placement; coun-
     5  seling;  assistance in the development of socialization skills; guidance
     6  and assistance in securing housing appropriate to needs and income;  and
     7  training  in  the  development of skills necessary for responsible inde-
     8  pendent living, including but not limited to money and home  management,
     9  personal care, and health maintenance; and
    10    [(e)]  5.  provide  residential  services to a youth in need of crisis
    11  intervention or respite services, as defined in this article; [and]
    12    [(f)] 6. continue to provide services to a homeless youth who  is  not
    13  yet eighteen years of age but who has reached the [eighteen month] maxi-
    14  mum  time  period  provided by paragraph (b) of subdivision [six] one of
    15  this section [five hundred thirty-two-a of this article],  until  he  or
    16  she  is  eighteen  years of age or for an additional six months if he or
    17  she is still under the age of eighteen; and
    18    [(g)] 7.  contact the appropriate local social services district if it
    19  is believed that the youth may be a destitute child,  as  such  term  is
    20  defined in section one thousand ninety-two of the family court act.  The
    21  office  of  children and family services shall provide appropriate guid-
    22  ance to the residential transitional independent living support  program
    23  on how to accurately identify a youth that may be a destitute child;
    24    8. provide information to eligible youth about their ability to re-en-
    25  ter  foster  care  in  accordance with article ten-B of the family court
    26  act, and in appropriate cases, refer any such youth who  may  be  inter-
    27  ested in re-entering foster care to the applicable local social services
    28  district.   The office of children and family services shall provide the
    29  residential transitional independent living  support  program  with  the
    30  appropriate  educational  materials  to give to eligible youth regarding
    31  their ability to re-enter foster care. The office of children and family
    32  services shall also provide  appropriate  guidance  to  the  residential
    33  transitional  independent  living  support  program on how to accurately
    34  identify youth that may be eligible to re-enter foster care and  how  to
    35  refer  such  youth  to  the applicable local social services district if
    36  appropriate; and
    37    9. provide such reports and data as specified by the office  of  chil-
    38  dren and family services.
    39    §  6.  The  executive  law is amended by adding a new section 532-f to
    40  read as follows:
    41    § 532-f. Required certification for residential  programs.    Notwith-
    42  standing  any  other  provision  of law to the contrary, any residential
    43  program established for the purpose  of  serving  runaway  and  homeless
    44  youth  that  serves  any  youth  under  the  age  of eighteen or that is
    45  contained in a  municipality's  approved  comprehensive  plan,  must  be
    46  certified  by  the  office  of  children and family services and must be
    47  operated by an authorized agency as such term is defined in  subdivision
    48  ten of section three hundred seventy-one of the social services law.
    49    §  7.  Paragraph (iii) of subdivision (b) of section 724 of the family
    50  court act, as amended by section 4 of part E of chapter 57 of  the  laws
    51  of 2005, is amended to read as follows:
    52    (iii)  take a youth in need of crisis intervention or respite services
    53  to [an approved] a runaway and homeless youth crisis services program or
    54  other approved respite or crisis program; or
    55    § 8. Subdivision 2 of section 447-a of the  social  services  law,  as
    56  added by chapter 569 of the laws of 2008, is amended to read as follows:

        S. 2006--C                         22                         A. 3006--C
 
     1    2. The term "short-term safe house" means a residential facility oper-
     2  ated  by  an  authorized agency as defined in subdivision ten of section
     3  three hundred seventy-one of this article including a residential facil-
     4  ity operating as part of [an approved]  a  runaway  and  homeless  youth
     5  crisis  services  program as defined in subdivision four of section five
     6  hundred thirty-two-a of the executive law  or  a  not-for-profit  agency
     7  with  experience  in  providing services to sexually exploited youth and
     8  approved in accordance with the regulations of the  office  of  children
     9  and  family  services that provides emergency shelter, services and care
    10  to  sexually  exploited  children  including  food,  shelter,  clothing,
    11  medical care, counseling and appropriate crisis intervention services at
    12  the  time  they  are  taken  into custody by law enforcement and for the
    13  duration of any legal proceeding or proceedings in which they are either
    14  the complaining witness or the subject child. The short-term safe  house
    15  shall  also be available at the point in time that a child under the age
    16  of eighteen has first come into the custody of juvenile detention  offi-
    17  cials,  law enforcement, local jails or the local commissioner of social
    18  services or is residing  with  the  local  runaway  and  homeless  youth
    19  authority.
    20    §  9.  This  act  shall take effect January 1, 2018; provided however,
    21  that:
    22    (a) the office of  children  and  family  services  is  authorized  to
    23  promulgate regulations regarding any of the provisions of this act on or
    24  before  the  effective  date of such act; provided, however, such office
    25  shall promulgate regulations specifying that services  authorized  in  a
    26  municipality's  consolidated  services plan in accordance with items (A)
    27  and (B) of clause (iii) of subparagraph 3 of paragraph a of  subdivision
    28  2 of section 420 of the executive law, as amended by section one of this
    29  act, may be provided by a program but are not required;
    30    (b)  the  amendments  to  article  19-H  of  the executive law made by
    31  section six of this act that require that  certain  residential  runaway
    32  and  homeless youth programs be operated by authorized agencies shall be
    33  deemed to apply to such programs that are certified  by  the  office  of
    34  children and family services on or after the effective date of this act;
    35    (c) the amendments to:
    36    (i)  paragraph a of subdivision 2 of section 420 of the executive law,
    37  made by section one of this act, shall not  affect  the  expiration  and
    38  reversion of such subdivision pursuant to section 9 of part G of chapter
    39  57  of  the  laws of 2013 and shall expire and be deemed repealed there-
    40  with; and
    41    (ii) subdivisions 4 and 6 of section 532-a of the executive law,  made
    42  by  section  two of this act, shall not affect the expiration and rever-
    43  sion of such subdivisions pursuant to section 9 of part G of chapter  57
    44  of the laws of 2013 and shall expire and be deemed repealed therewith;
    45    (iii)  subdivision  2  of  section  532-b of the executive law made by
    46  section three of this act, shall not affect the expiration and reversion
    47  of such subdivision pursuant to section 9 of part G of chapter 57 of the
    48  laws of 2013 and shall expire and be deemed repealed therewith.
 
    49                                   PART N
 
    50    Section 1. The public health law is amended by adding  a  new  article
    51  29-I to read as follows:
 
    52                                ARTICLE 29-I
    53                    MEDICAL SERVICES FOR FOSTER CHILDREN

        S. 2006--C                         23                         A. 3006--C
 
     1  Section 2999-gg. Voluntary foster care agency health facilities.
     2    §  2999-gg.  Voluntary  foster  care agency health facilities. 1.   In
     3  order for an authorized agency that is approved by the office  of  chil-
     4  dren  and  family services to care for or board out children, to provide
     5  limited health-related services as defined in regulations of the depart-
     6  ment either directly or indirectly through a contract arrangement,  such
     7  agency  shall  obtain,  in  accordance  with a schedule developed by the
     8  department in  conjunction  with  the  office  of  children  and  family
     9  services,  a  license issued by the commissioner in conjunction with the
    10  office of children and family services to provide  such  services.  Such
    11  schedule  shall  require  that all such authorized agencies operating on
    12  January first, two thousand nineteen obtain the license required by this
    13  section no  later  than  January  first,  two  thousand  nineteen.  Such
    14  licenses  shall  be issued in accordance with the standards set forth in
    15  this article and the regulations of the department  which  shall,  at  a
    16  minimum, specify: mandated health services, which shall include, but not
    17  be  limited to, nursing and behavioral health services; general physical
    18  environment requirements; minimum health and safety  procedures;  record
    19  management requirements; quality management activities; and managed care
    20  liaison,  fiscal and billing activities. In determining the criteria for
    21  licensure, regulations shall take into account the size and type of each
    22  program, and shall be reasonably related to  the  provision  of  medical
    23  services.    Provided  however,  that a license pursuant to this section
    24  shall not be required if such authorized agency is otherwise  authorized
    25  to  provide the required limited-health-related services to foster chil-
    26  dren under a license issued pursuant to  article  twenty-eight  of  this
    27  chapter  or  article  thirty-one  of  the  mental  hygiene  law. For the
    28  purposes of this section, the term authorized agency shall be an author-
    29  ized agency as defined in paragraph (a) of subdivision  ten  of  section
    30  three hundred seventy-one of the social services law.
    31    2.  Such  license shall not be issued unless it is determined that the
    32  equipment, personnel, rules, standards of care and services are fit  and
    33  adequate,  and  that the health-related services will be provided in the
    34  manner required by this article and the  rules  and  regulations  there-
    35  under.
    36    3. The commissioner and the commissioner of the office of children and
    37  family  services  shall  enter  into  a  memorandum of agreement for the
    38  purposes of administering the requirements of this section.
    39    4. Proceedings involving the issuance of licenses  for  health-related
    40  services to authorized agencies:
    41    (a)  A  license  for health-related services under this article may be
    42  revoked, suspended, limited, annulled or denied by the commissioner,  in
    43  consultation  with  the  office  of  children and family services, if an
    44  authorized agency is determined  to  have  failed  to  comply  with  the
    45  provisions  of  this  article  or  the rules and regulations promulgated
    46  thereunder.  No action taken against a license  under  this  subdivision
    47  shall  affect  an authorized agency's license to care for or board chil-
    48  dren unless the commissioner  of  the  office  of  children  and  family
    49  services  determines,  pursuant  to the regulations of such office, that
    50  the existing circumstances make it necessary to limit, suspend or revoke
    51  the authority of the authorized agency to care for or board children.
    52    (b) No such license shall be revoked, suspended, limited, annulled  or
    53  denied  without  a  hearing.    However,  a  license  may be temporarily
    54  suspended or limited without a hearing for a period  not  in  excess  of
    55  thirty  days upon written notice that the continuation of health-related

        S. 2006--C                         24                         A. 3006--C
 
     1  services places the public health or safety of the recipients  in  immi-
     2  nent danger.
     3    (c)  The  commissioner  shall  fix a time and place for the hearing. A
     4  copy of the charges, together with the notice of the time and  place  of
     5  the hearing, shall be served in person or mailed by registered or certi-
     6  fied  mail  to the authorized agency at least twenty-one days before the
     7  date fixed for the hearing. The authorized agency shall  file  with  the
     8  department  not  less  than  eight  days prior to the hearing, a written
     9  answer to the charges.
    10    (d) All orders or determinations hereunder shall be subject to  review
    11  as  provided  in  article  seventy-eight  of  the civil practice law and
    12  rules. Application for such review must be made within sixty days  after
    13  service  in  person  or by registered or certified mail of a copy of the
    14  order or determination upon the applicant or agency.
    15    § 2. This act shall take effect immediately, provided,  however,  that
    16  the  department  of  health, in consultation with the office of children
    17  and family services, shall  issue  any  regulations  necessary  for  the
    18  implementation of this act.
 
    19                                   PART O
 
    20                            Intentionally Omitted

    21                                   PART P
 
    22    Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
    23  section 131-o of the social services law, as amended  by  section  1  of
    24  part  O  of  chapter  54  of  the  laws  of 2016, are amended to read as
    25  follows:
    26    (a) in the case of each individual receiving family  care,  an  amount
    27  equal  to  at least $141.00 for each month beginning on or after January
    28  first, two thousand [sixteen] seventeen.
    29    (b) in the case of each  individual  receiving  residential  care,  an
    30  amount  equal  to  at least $163.00 for each month beginning on or after
    31  January first, two thousand [sixteen] seventeen.
    32    (c) in the case of  each  individual  receiving  enhanced  residential
    33  care,  an  amount  equal  to  at  least [$193.00] $194.00 for each month
    34  beginning on or after January first, two thousand [sixteen] seventeen.
    35    (d) for the period commencing January first, two thousand  [seventeen]
    36  eighteen,  the monthly personal needs allowance shall be an amount equal
    37  to the sum of the amounts set forth in subparagraphs one and two of this
    38  paragraph:
    39    (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
    40  subdivision; and
    41    (2)  the  amount  in subparagraph one of this paragraph, multiplied by
    42  the percentage of any  federal  supplemental  security  income  cost  of
    43  living adjustment which becomes effective on or after January first, two
    44  thousand [seventeen] eighteen, but prior to June thirtieth, two thousand
    45  [seventeen] eighteen, rounded to the nearest whole dollar.
    46    §  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
    47  section 209 of the social services law, as amended by section 2 of  part
    48  O of chapter 54 of the laws of 2016, are amended to read as follows:
    49    (a)  On and after January first, two thousand [sixteen] seventeen, for
    50  an eligible individual living  alone,  [$820.00]  $822.00;  and  for  an
    51  eligible couple living alone, [$1204.00] $1,207.00.

        S. 2006--C                         25                         A. 3006--C
 
     1    (b)  On and after January first, two thousand [sixteen] seventeen, for
     2  an eligible individual  living  with  others  with  or  without  in-kind
     3  income, [$756.00] $758.00; and for an eligible couple living with others
     4  with or without in-kind income, [$1146.00] $1,149.00.
     5    (c)  On and after January first, two thousand [sixteen] seventeen, (i)
     6  for an eligible individual receiving family care, [$999.48] $1,001.48 if
     7  he or she is receiving such care in the city of New York or  the  county
     8  of  Nassau,  Suffolk,  Westchester or Rockland; and (ii) for an eligible
     9  couple receiving family care in the city of New York or  the  county  of
    10  Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
    11  in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
    12  ual  receiving  such  care  in  any other county in the state, [$961.48]
    13  $963.48; and (iv) for an eligible couple  receiving  such  care  in  any
    14  other  county  in  the state, two times the amount set forth in subpara-
    15  graph (iii) of this paragraph.
    16    (d) On and after January first, two thousand [sixteen] seventeen,  (i)
    17  for  an  eligible  individual  receiving  residential  care,  [$1168.00]
    18  $1,170.00 if he or she is receiving such care in the city of New York or
    19  the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
    20  eligible  couple  receiving  residential care in the city of New York or
    21  the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
    22  amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
    23  eligible individual receiving such care  in  any  other  county  in  the
    24  state,  [$1138.00]  $1,140.00; and (iv) for an eligible couple receiving
    25  such care in any other county in the state, two  times  the  amount  set
    26  forth in subparagraph (iii) of this paragraph.
    27    (e)  (i) On and after January first, two thousand [sixteen] seventeen,
    28  for  an  eligible  individual  receiving  enhanced   residential   care,
    29  [$1427.00] $1,429.00; and (ii) for an eligible couple receiving enhanced
    30  residential  care, two times the amount set forth in subparagraph (i) of
    31  this paragraph.
    32    (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
    33  vision shall be increased to reflect any increases  in  federal  supple-
    34  mental  security income benefits for individuals or couples which become
    35  effective on or after January first, two thousand  [seventeen]  eighteen
    36  but prior to June thirtieth, two thousand [seventeen] eighteen.
    37    § 3. This act shall take effect December 31, 2017.
 
    38                                   PART Q

    39    Section 1. Section 412 of the social services law is amended by adding
    40  a new subdivision 9 to read as follows:
    41    9.  A  "publicly-funded  emergency shelter for families with children"
    42  means any facility with overnight sleeping accommodations  and  that  is
    43  used to house recipients of temporary housing assistance and which hous-
    44  es or may house children and families with children.
    45    §  2.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    46  services law, as separately amended by chapters 126 and 205 of the  laws
    47  of 2014, is amended to read as follows:
    48    (a)  The  following  persons  and  officials are required to report or
    49  cause a report to be made in accordance with this title when  they  have
    50  reasonable  cause  to  suspect  that a child coming before them in their
    51  professional or official capacity is an abused or maltreated  child,  or
    52  when  they have reasonable cause to suspect that a child is an abused or
    53  maltreated child where the parent, guardian, custodian or  other  person
    54  legally  responsible  for  such child comes before them in their profes-

        S. 2006--C                         26                         A. 3006--C
 
     1  sional or official capacity and states from  personal  knowledge  facts,
     2  conditions or circumstances which, if correct, would render the child an
     3  abused  or maltreated child: any physician; registered physician assist-
     4  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
     5  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
     6  psychologist; registered nurse; social worker; emergency medical techni-
     7  cian;  licensed  creative  arts  therapist; licensed marriage and family
     8  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
     9  licensed  behavior analyst; certified behavior analyst assistant; hospi-
    10  tal personnel engaged in the admission, examination, care  or  treatment
    11  of  persons;  a  Christian  Science practitioner; school official, which
    12  includes but is not limited to school teacher, school  guidance  counse-
    13  lor,  school  psychologist,  school  social worker, school nurse, school
    14  administrator or other school personnel required to hold a  teaching  or
    15  administrative  license  or  certificate;  full or part-time compensated
    16  school employee required to hold a temporary coaching license or profes-
    17  sional coaching certificate; social services worker; employee of a publ-
    18  icly-funded emergency shelter for families with children; director of  a
    19  children's overnight camp, summer day camp or traveling summer day camp,
    20  as  such camps are defined in section thirteen hundred ninety-two of the
    21  public health law; day care center worker; school-age child care worker;
    22  provider of family or group family day care; employee or volunteer in  a
    23  residential  care  facility  for children that is licensed, certified or
    24  operated by the office of children and family  services;  or  any  other
    25  child  care or foster care worker; mental health professional; substance
    26  abuse counselor; alcoholism counselor; all persons credentialed  by  the
    27  office of alcoholism and substance abuse services; peace officer; police
    28  officer;  district attorney or assistant district attorney; investigator
    29  employed in the office of a district attorney; or other law  enforcement
    30  official.
    31    §  3.  Subdivision  3  of section 424-a of the social services law, as
    32  amended by section 8 of part D of chapter 501 of the laws  of  2012,  is
    33  amended to read as follows:
    34    3.  For  purposes  of  this  section, the term "provider" or "provider
    35  agency" shall mean: an authorized agency[,]; the office of children  and
    36  family services[,]; juvenile detention facilities subject to the certif-
    37  ication  of  [such]  the  office[,]  of  children  and  family services;
    38  programs established pursuant to article  nineteen-H  of  the  executive
    39  law[,];  non-residential  or residential programs or facilities licensed
    40  or operated by the office of mental health or the office for people with
    41  developmental disabilities except family care homes[,];  licensed  child
    42  day  care centers, including head start programs which are funded pursu-
    43  ant to title V of the  federal  economic  opportunity  act  of  nineteen
    44  hundred  sixty-four,  as  amended[,];  early intervention service estab-
    45  lished pursuant to section  twenty-five  hundred  forty  of  the  public
    46  health  law[,];  preschool  services  established  pursuant  to  section
    47  forty-four hundred ten of the education law[,];  school-age  child  care
    48  programs[,];  special act school districts as enumerated in chapter five
    49  hundred sixty-six of  the  laws  of  nineteen  hundred  sixty-seven,  as
    50  amended[,]; programs and facilities licensed by the office of alcoholism
    51  and substance abuse services[,]; residential schools which are operated,
    52  supervised  or  approved by the education department[,]; publicly-funded
    53  emergency shelters for families with children,  provided,  however,  for
    54  purposes  of  this  section,  when  the provider or provider agency is a
    55  publicly-funded emergency shelter for families with children,  then  all
    56  references in this section to the "potential for regular and substantial

        S. 2006--C                         27                         A. 3006--C
 
     1  contact with individuals who are cared for by the agency" shall mean the
     2  potential  for  regular  and  substantial  contact with children who are
     3  served by such shelter; and any other facility or  provider  agency,  as
     4  defined in subdivision four of section four hundred eighty-eight of this
     5  chapter,  in  regard  to the employment of staff, or use of providers of
     6  goods and services and staff of such providers, consultants, interns and
     7  volunteers.
     8    § 4. The social services law is amended by adding a new section  460-h
     9  to read as follows:
    10    § 460-h. Review of criminal history information concerning prospective
    11  employees,  consultants,  assistants  and  volunteers of publicly-funded
    12  emergency shelters for families with  children.  1.  Every  provider  of
    13  services  to  publicly-funded emergency shelters for families with chil-
    14  dren, as such phrase is defined in  subdivision  nine  of  section  four
    15  hundred twelve of this chapter, shall request from the division of crim-
    16  inal  justice  services  criminal history information, as such phrase is
    17  defined in paragraph (c) of subdivision one  of  section  eight  hundred
    18  forty-five-b of the executive law, concerning each prospective employee,
    19  consultant,  assistant  or  volunteer of such provider who will have the
    20  potential for regular and substantial  contact  with  children  who  are
    21  served  by the publicly-funded emergency shelter for families with chil-
    22  dren.
    23    (a) Prior to requesting criminal history  information  concerning  any
    24  prospective  employee,  consultant,  assistant  or volunteer, a provider
    25  shall:
    26    (1) inform the prospective employee, consultant, assistant  or  volun-
    27  teer  in  writing  that  the  provider is required to request his or her
    28  criminal history information  from  the  division  of  criminal  justice
    29  services and review such information pursuant to this section; and
    30    (2)  obtain  the  signed informed consent of the prospective employee,
    31  consultant, assistant or volunteer on a form supplied by the division of
    32  criminal justice services which indicates that such person has:
    33    (i) been informed of the right and  procedures  necessary  to  obtain,
    34  review and seek correction of his or her criminal history information;
    35    (ii) been informed of the reason for the request for his or her crimi-
    36  nal history information;
    37    (iii) consented to such request; and
    38    (iv) supplied on the form a current mailing or home address.
    39    (b)  Upon  receiving such written consent, the provider shall obtain a
    40  set of fingerprints of such prospective employee, consultant, assistant,
    41  or volunteer and provide such fingerprints to the division  of  criminal
    42  justice  services pursuant to regulations established by the division of
    43  criminal justice services.
    44    2. A provider shall designate one or two persons  in  its  employ  who
    45  shall  be authorized to request, receive and review the criminal history
    46  information,  and  only  such  persons  and  the  prospective  employee,
    47  consultant,  assistant or volunteer to which the criminal history infor-
    48  mation relates shall have access to such information; provided, however,
    49  the criminal history information may be  disclosed  to  other  personnel
    50  authorized  by the provider who are empowered to make decisions concern-
    51  ing prospective employees, consultants,  assistants  or  volunteers  and
    52  provided  further that such other personnel shall also be subject to the
    53  confidentiality requirements and all other provisions of this section. A
    54  provider shall notify each person authorized to have access to  criminal
    55  history information pursuant to this section.

        S. 2006--C                         28                         A. 3006--C
 
     1    3. A provider requesting criminal history information pursuant to this
     2  section  shall  also  complete  a form developed for such purpose by the
     3  division of criminal justice services. Such form shall include  a  sworn
     4  statement  of the person designated by such provider to request, receive
     5  and  review  criminal history information pursuant to subdivision two of
     6  this section certifying that:
     7    (a) such criminal history information will be  used  by  the  provider
     8  solely for purposes authorized by this section;
     9    (b)  the  provider  and  its  staff are aware of and will abide by the
    10  confidentiality requirements and all other provisions of  this  section;
    11  and
    12    (c) the persons designated by the provider to receive criminal history
    13  information  pursuant  to  subdivision  two  of  this section shall upon
    14  receipt immediately mark such criminal  history  information  "confiden-
    15  tial," and shall at all times maintain such criminal history information
    16  in a secure place.
    17    4.  Upon  receipt  of the fingerprints and sworn statement required by
    18  this section, the provider shall promptly submit the fingerprints to the
    19  division of criminal justice services.
    20    5. The division of criminal justice services  shall  promptly  provide
    21  the requested criminal history information, if any, to the provider that
    22  transmitted   the  fingerprints  to  it.  Criminal  history  information
    23  provided by the division of criminal justice services pursuant  to  this
    24  section  shall  be  furnished only by mail or other method of secure and
    25  confidential delivery, addressed to the requesting provider. Such infor-
    26  mation and the envelope in which it is  enclosed  shall  be  prominently
    27  marked  "confidential,"  and  shall  at  all  times be maintained by the
    28  provider in a secure place.
    29    6. Upon receipt of criminal history information from the  division  of
    30  criminal  justice services, the provider may request, and is entitled to
    31  receive, information pertaining to any crime identified on such criminal
    32  history information from any state  or  local  law  enforcement  agency,
    33  district  attorney,  parole  officer, probation officer or court for the
    34  purposes of determining whether any grounds relating to such crime exist
    35  for denying an application, renewal, or employment.
    36    7. After receiving criminal history information pursuant  to  subdivi-
    37  sions  five  and  six of this section and before making a determination,
    38  the provider shall provide the prospective employee, consultant, assist-
    39  ant or volunteer with a copy of such criminal history information and  a
    40  copy  of  article  twenty-three-A  of the correction law and inform such
    41  prospective employee, consultant, assistant and volunteer of his or  her
    42  right  to seek correction of any incorrect information contained in such
    43  criminal history  information  provided  by  the  division  of  criminal
    44  justice  services pursuant to the regulations and procedures established
    45  by the division of criminal  justice  services  and  the  right  of  the
    46  prospective  employee,  consultant,  assistant  or  volunteer to provide
    47  information relevant to such analysis.
    48    8. Criminal history information obtained pursuant to subdivisions five
    49  and six of this section shall be considered by the provider  in  accord-
    50  ance with the provisions of article twenty-three-A of the correction law
    51  and  subdivisions  fifteen and sixteen of section two hundred ninety-six
    52  of the executive law.
    53    9. A prospective employee,  consultant,  assistant  or  volunteer  may
    54  withdraw  from  the  application process, without prejudice, at any time
    55  regardless of whether he or she, or the provider, has  reviewed  his  or
    56  her criminal history information. Where a prospective employee, consult-

        S. 2006--C                         29                         A. 3006--C

     1  ant,  assistant or volunteer withdraws from the application process, any
     2  fingerprints and criminal history information concerning  such  prospec-
     3  tive  employee,  consultant,  assistant  or  volunteer  received  by the
     4  provider  shall,  within  ninety  days,  be returned to such prospective
     5  employee, consultant, assistant or volunteer by  the  person  designated
     6  for  receipt of criminal history information pursuant to subdivision two
     7  of this section.
     8    10. Any person who willfully permits the release of  any  confidential
     9  criminal  history  information  contained  in  the report to persons not
    10  permitted by this section to receive such information shall be guilty of
    11  a misdemeanor.
    12    11. The commissioner of the division of criminal justice services,  in
    13  consultation  with  the  office  of temporary and disability assistance,
    14  shall promulgate all rules and regulations necessary  to  implement  the
    15  provisions  of  this  section, which shall include convenient procedures
    16  for the provider to promptly verify the accuracy of the reviewed  crimi-
    17  nal  history  information  and, to the extent authorized by law, to have
    18  access to relevant documents related thereto.
    19    § 5. Severability. If any clause, sentence, paragraph, subdivision, or
    20  section contained in this act shall be adjudged by any court  of  compe-
    21  tent  jurisdiction  to  be  invalid,  such  judgement  shall not affect,
    22  impair, or invalidate the remainder thereof, but shall  be  confined  in
    23  its  operation  to  the  clause,  sentence,  paragraph,  subdivision, or
    24  section directly involved in the  controversy  in  which  such  judgment
    25  shall  have been rendered. It is hereby declared to be the intent of the
    26  legislature that this act would have been enacted even if  such  invalid
    27  provision had not been included herein.
    28    §  6.  This  act shall take effect on the ninetieth day after it shall
    29  have become a law; provided however that: the commissioner of the office
    30  of children and family services, in  consultation  with  the  office  of
    31  temporary  and  disability  assistance,  shall  promulgate all rules and
    32  regulations necessary to implement the provisions of section two of this
    33  act; the commissioner of the office of temporary and disability  assist-
    34  ance,  in  consultation with the office of children and family services,
    35  shall promulgate all rules and regulations necessary  to  implement  the
    36  provisions  of  sections one and three of this act; and the commissioner
    37  of the division of criminal justice services, in consultation  with  the
    38  office  of  temporary  and  disability  assistance, shall promulgate all
    39  rules and regulations necessary to implement the provisions  of  section
    40  four  of  this  act;  and  provided further, the aforementioned rules or
    41  regulations may be promulgated on an emergency basis.
 
    42                                   PART R
 
    43    Section 1. Notwithstanding any other provision  of  law,  the  housing
    44  trust  fund  corporation  may  provide, for purposes of the rural rental
    45  assistance program, a sum not to exceed twenty-two million nine  hundred
    46  sixty  thousand  dollars  for  the  fiscal  year  ending March 31, 2018.
    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 rural rental assistance program contracts  author-
    52  ized  by this section, a total sum not to exceed twenty-two million nine
    53  hundred sixty thousand dollars, such transfer to be made  from  (i)  the
    54  special  account  of  the  mortgage  insurance  fund created pursuant to

        S. 2006--C                         30                         A. 3006--C
 
     1  section 2429-b of the public authorities law, in an amount not to exceed
     2  the actual excess balance in the special account of the mortgage  insur-
     3  ance fund, as determined and certified by the state of New York mortgage
     4  agency  for  the fiscal year 2016-2017 in accordance with section 2429-b
     5  of the public authorities law, if any, and/or  (ii)  provided  that  the
     6  reserves in the project pool insurance account of the mortgage insurance
     7  fund  created  pursuant  to section 2429-b of the public authorities law
     8  are sufficient to attain and maintain the credit rating  (as  determined
     9  by  the  state  of  New York mortgage agency) required to accomplish the
    10  purposes of such account, the project  pool  insurance  account  of  the
    11  mortgage insurance fund, such transfer to be made as soon as practicable
    12  but no later than June 30, 2017.
    13    §  2.  Notwithstanding any other provision of law, the housing finance
    14  agency may provide, for costs  associated  with  the  rehabilitation  of
    15  Mitchell  Lama housing projects, a sum not to exceed thirty-nine million
    16  five hundred thousand dollars for the fiscal year ending March 31, 2018.
    17  Notwithstanding any other provision of law, and subject to the  approval
    18  of  the New York state director of the budget, the board of directors of
    19  the state of New York mortgage agency shall authorize  the  transfer  to
    20  the  housing  finance  agency, for the purposes of reimbursing any costs
    21  associated with  Mitchell  Lama  housing  projects  authorized  by  this
    22  section,  a  total  sum  not  to exceed thirty-nine million five hundred
    23  thousand dollars, such transfer to be made from (i) the special  account
    24  of the mortgage insurance fund created pursuant to section 2429-b of the
    25  public  authorities  law,  in  an amount not to exceed the actual excess
    26  balance in the special account of the mortgage insurance fund, as deter-
    27  mined and certified by the state of New York  mortgage  agency  for  the
    28  fiscal  year  2016-2017  in accordance with section 2429-b of the public
    29  authorities law, if any, and/or (ii) provided that the reserves  in  the
    30  project  pool  insurance  account of the mortgage insurance fund created
    31  pursuant to section 2429-b of the public authorities law are  sufficient
    32  to  attain and maintain the credit rating (as determined by the state of
    33  New York mortgage agency) required to accomplish the  purposes  of  such
    34  account,  the  project  pool insurance account of the mortgage insurance
    35  fund, such transfer to be made as soon as practicable but no later  than
    36  March 31, 2018.
    37    §  3.  Notwithstanding  any  other provision of law, the housing trust
    38  fund corporation may provide, for purposes of the neighborhood preserva-
    39  tion program, a sum not to exceed eight million  four  hundred  seventy-
    40  nine thousand dollars for the fiscal year ending March 31, 2018.  Within
    41  this  total amount, one hundred fifty thousand dollars shall be used for
    42  the purpose of entering into a contract with the neighborhood  preserva-
    43  tion coalition to provide technical assistance and services to companies
    44  funded  pursuant  to  article  XVI  of  the private housing finance law.
    45  Notwithstanding any other provision of law, and subject to the  approval
    46  of  the New York state director of the budget, the board of directors of
    47  the state of New York mortgage agency shall authorize  the  transfer  to
    48  the  housing trust fund corporation, for the purposes of reimbursing any
    49  costs  associated  with  neighborhood  preservation  program   contracts
    50  authorized by this section, a total sum not to exceed eight million four
    51  hundred seventy-nine thousand dollars, such transfer to be made from (i)
    52  the  special  account of the mortgage insurance fund created pursuant to
    53  section 2429-b of the public authorities law, in an amount not to exceed
    54  the actual excess balance in the special account of the mortgage  insur-
    55  ance fund, as determined and certified by the state of New York mortgage
    56  agency  for  the fiscal year 2016-2017 in accordance with section 2429-b

        S. 2006--C                         31                         A. 3006--C
 
     1  of the public authorities law, if any, and/or  (ii)  provided  that  the
     2  reserves in the project pool insurance account of the mortgage insurance
     3  fund  created  pursuant  to section 2429-b of the public authorities law
     4  are  sufficient  to attain and maintain the credit rating (as determined
     5  by the state of New York mortgage agency)  required  to  accomplish  the
     6  purposes  of  such  account,  the  project pool insurance account of the
     7  mortgage insurance fund, such transfer to be made as soon as practicable
     8  but no later than June 30, 2017.
     9    § 4. Notwithstanding any other provision of  law,  the  housing  trust
    10  fund  corporation  may  provide,  for purposes of the rural preservation
    11  program, a sum not to exceed  three  million  five  hundred  thirty-nine
    12  thousand dollars for the fiscal year ending March 31, 2018.  Within this
    13  total  amount,  one hundred fifty thousand dollars shall be used for the
    14  purpose of entering into a contract with the rural housing coalition  to
    15  provide  technical  assistance and services to companies funded pursuant
    16  to article XVII of the private housing finance law.  Notwithstanding any
    17  other provision of law, and subject to the  approval  of  the  New  York
    18  state director of the budget, the board of directors of the state of New
    19  York  mortgage  agency shall authorize the transfer to the housing trust
    20  fund corporation, for the purposes of reimbursing any  costs  associated
    21  with  rural preservation program contracts authorized by this section, a
    22  total sum not to exceed three million five hundred thirty-nine  thousand
    23  dollars,  such  transfer  to be made from (i) the special account of the
    24  mortgage insurance fund created pursuant to section 2429-b of the public
    25  authorities law, in an amount not to exceed the actual excess balance in
    26  the special account of the mortgage insurance fund,  as  determined  and
    27  certified  by  the state of New York mortgage agency for the fiscal year
    28  2016-2017 in accordance with section 2429-b of  the  public  authorities
    29  law,  if any, and/or (ii) provided that the reserves in the project pool
    30  insurance account of the mortgage insurance  fund  created  pursuant  to
    31  section  2429-b  of  the public authorities law are sufficient to attain
    32  and maintain the credit rating (as determined by the state of  New  York
    33  mortgage  agency)  required  to accomplish the purposes of such account,
    34  the project pool insurance account of the mortgage insurance fund,  such
    35  transfer  to  be  made as soon as practicable but no later than June 30,
    36  2017.
    37    § 5. Notwithstanding any other provision of  law,  the  housing  trust
    38  fund corporation may provide, for purposes of the rural and urban commu-
    39  nity  investment  fund  program created pursuant to article XXVII of the
    40  private housing finance law, a sum not  to  exceed  thirty-four  million
    41  five hundred thousand dollars for the fiscal year ending March 31, 2018.
    42  Notwithstanding  any other provision of law, and subject to the approval
    43  of the New York state director of the budget, the board of directors  of
    44  the  state  of  New York mortgage agency shall authorize the transfer to
    45  the housing trust fund corporation, for the purposes of reimbursing  any
    46  costs  associated with rural and urban community investment fund program
    47  contracts authorized by this section, a total sum not to exceed  thirty-
    48  four  million  five  hundred  thousand dollars, such transfer to be made
    49  from (i) the special account of  the  mortgage  insurance  fund  created
    50  pursuant  to  section 2429-b of the public authorities law, in an amount
    51  not to exceed the actual excess balance in the special  account  of  the
    52  mortgage insurance fund, as determined and certified by the state of New
    53  York  mortgage  agency  for the fiscal year 2016-2017 in accordance with
    54  section 2429-b of the  public  authorities  law,  if  any,  and/or  (ii)
    55  provided  that the reserves in the project pool insurance account of the
    56  mortgage insurance fund created pursuant to section 2429-b of the public

        S. 2006--C                         32                         A. 3006--C
 
     1  authorities law are sufficient to attain and maintain the credit  rating
     2  (as  determined  by  the  state of New York mortgage agency) required to
     3  accomplish the purposes of such  account,  the  project  pool  insurance
     4  account of the mortgage insurance fund, such transfer to be made as soon
     5  as practicable but no later than March 31, 2018.
     6    §  6.  Notwithstanding  any  other provision of law, the housing trust
     7  fund corporation may provide, for  the  purposes  of  carrying  out  the
     8  provisions of the low income housing trust fund program created pursuant
     9  to article XVIII of the private housing finance law, a sum not to exceed
    10  twenty-one  million  dollars  for the fiscal year ending March 31, 2018.
    11  Notwithstanding any other provision of law, and subject to the  approval
    12  of  the New York state director of the budget, the board of directors of
    13  the state of New York mortgage agency shall authorize  the  transfer  to
    14  the 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  twenty-one  million  dollars,  such
    18  transfer  to be made from (i) the special account of the mortgage insur-
    19  ance fund created pursuant to section 2429-b of the  public  authorities
    20  law, in an amount not to exceed the actual excess balance in the special
    21  account  of  the mortgage insurance fund, as determined and certified by
    22  the state of New York mortgage agency for the fiscal year  2016-2017  in
    23  accordance  with  section  2429-b of the public authorities law, if any,
    24  and/or (ii) provided that the reserves in  the  project  pool  insurance
    25  account  of  the  mortgage  insurance  fund  created pursuant to section
    26  2429-b of the public authorities law are sufficient to attain and  main-
    27  tain  the credit rating (as determined by the state of New York mortgage
    28  agency) required to accomplish the purposes of such account, the project
    29  pool insurance account of the mortgage insurance fund, such transfer  to
    30  be made as soon as practicable but no later than March 31, 2018.
    31    §  7.  Notwithstanding  any  other provision of law, the housing trust
    32  fund corporation may provide, for purposes  of  the  homes  for  working
    33  families  program for deposit in the housing trust fund created pursuant
    34  to section 59-a of the private housing finance law and  subject  to  the
    35  provisions  of  article  XVIII of the private housing finance law, a sum
    36  not to exceed two million dollars for the fiscal year ending  March  31,
    37  2018.  Notwithstanding  any  other  provision of law, and subject to the
    38  approval of the New York state director of  the  budget,  the  board  of
    39  directors  of  the state of New York mortgage agency shall authorize the
    40  transfer to the housing trust fund  corporation,  for  the  purposes  of
    41  reimbursing any costs associated with homes for working families program
    42  contracts  authorized  by  this  section,  a total sum not to exceed two
    43  million dollars, such transfer to be made from (i) the  special  account
    44  of the mortgage insurance fund created pursuant to section 2429-b of the
    45  public  authorities  law,  in  an amount not to exceed the actual excess
    46  balance in the special account of the mortgage insurance fund, as deter-
    47  mined and certified by the state of New York  mortgage  agency  for  the
    48  fiscal  year  2016-2017  in accordance with section 2429-b of the public
    49  authorities law, if any, and/or (ii) provided that the reserves  in  the
    50  project  pool  insurance  account of the mortgage insurance fund created
    51  pursuant to section 2429-b of the public authorities law are  sufficient
    52  to  attain and maintain the credit rating (as determined by the state of
    53  New York mortgage agency) required to accomplish the  purposes  of  such
    54  account,  the  project  pool insurance account of the mortgage insurance
    55  fund, such transfer to be made as soon as practicable but no later  than
    56  March 31, 2018.

        S. 2006--C                         33                         A. 3006--C

     1    §  8. Notwithstanding any other provision of law, the homeless housing
     2  and assistance corporation may provide, for purposes  of  the  New  York
     3  state  supportive  housing  program,  the  solutions to end homelessness
     4  program or the operational support for AIDS housing program, or to qual-
     5  ified grantees under those programs, in accordance with the requirements
     6  of  those programs, a sum not to exceed six million five hundred twenty-
     7  two thousand dollars for the fiscal year  ending  March  31,  2018.  The
     8  homeless  housing and assistance corporation may enter into an agreement
     9  with the office of temporary and  disability  assistance  to  administer
    10  such  sum  in accordance with the requirements of the programs. Notwith-
    11  standing any other provision of law, and subject to the approval of  the
    12  New  York  state  director  of the budget, the board of directors of the
    13  state of New York mortgage agency shall authorize the  transfer  to  the
    14  homeless  housing  and assistance corporation, a total sum not to exceed
    15  six million five hundred twenty-two thousand dollars, such  transfer  to
    16  be  made  from  (i)  the  special account of the mortgage insurance fund
    17  created pursuant to section 2429-b of the public authorities law, in  an
    18  amount not to exceed the actual excess balance in the special account of
    19  the mortgage insurance fund, as determined and certified by the state of
    20  New  York  mortgage  agency  for the fiscal year 2016-2017 in accordance
    21  with section 2429-b of the public authorities law, if any,  and/or  (ii)
    22  provided  that the reserves in the project pool insurance account of the
    23  mortgage insurance fund created pursuant to section 2429-b of the public
    24  authorities law are sufficient to attain and maintain the credit  rating
    25  (as  determined  by  the  state of New York mortgage agency) required to
    26  accomplish the purposes of such  account,  the  project  pool  insurance
    27  account of the mortgage insurance fund, such transfer to be made as soon
    28  as practicable but no later than March 31, 2018.
    29    §  9.  Notwithstanding  any other provision of law, and in addition to
    30  the powers currently authorized to be exercised by the state of New York
    31  municipal bond bank agency, the state of New York  municipal  bond  bank
    32  agency  may  provide,  for  purposes  of municipal relief to the city of
    33  Albany, a sum not to exceed twelve million five hundred thousand dollars
    34  for the city fiscal year ending December 31, 2017, to the city of  Alba-
    35  ny.    Notwithstanding  any  other  provision of law, and subject to the
    36  approval of the New York state director of the budget, the state of  New
    37  York  mortgage  agency shall transfer to the state of New York municipal
    38  bond bank agency for distribution as municipal relief  to  the  city  of
    39  Albany,  a  total sum not to exceed twelve million five hundred thousand
    40  dollars, such transfer to be made from (i) the special  account  of  the
    41  mortgage insurance fund created pursuant to section 2429-b of the public
    42  authorities law, in an amount not to exceed the actual excess balance in
    43  the  special  account  of the mortgage insurance fund, as determined and
    44  certified by the state of New York mortgage agency for the  fiscal  year
    45  2016-2017  in  accordance  with section 2429-b of the public authorities
    46  law, if any, and/or (ii) provided that the reserves in the project  pool
    47  insurance  account  of  the  mortgage insurance fund created pursuant to
    48  section 2429-b of the public authorities law are  sufficient  to  attain
    49  and maintain the credit rating (as determined by the agency) required to
    50  accomplish  the  purposes  of  such  account, the project pool insurance
    51  account of the mortgage  insurance  fund  created  pursuant  to  section
    52  2429-b  of  the public authorities law, such transfer to be made as soon
    53  as practicable after May 15, 2017 but no later than December  31,  2017,
    54  and  provided further that the New York state director of the budget may
    55  request additional information from the city  of  Albany  regarding  the

        S. 2006--C                         34                         A. 3006--C
 
     1  utilization  of these funds and the finances and operations of the city,
     2  as appropriate.
     3    §  10.  Notwithstanding  any other provision of law, the housing trust
     4  fund corporation shall provide, for the purposes of the mobile and manu-
     5  factured home replacement program, a  sum  not  to  exceed  one  million
     6  dollars for the fiscal year ending March 31, 2018.
     7    Eligible units of local government or not-for-profit corporations with
     8  substantial  experience  in  affordable housing, may apply to administer
     9  local programs to replace dilapidated mobile or manufactured homes  that
    10  are  sited on land owned by the homeowner with new manufactured, modular
    11  or site built homes. All replacement homes shall be  energy  star  rated
    12  for  energy  efficiency. The total contract pursuant to any one eligible
    13  applicant in a specified region may not  exceed  five  hundred  thousand
    14  dollars. The corporation shall authorize the eligible applicant to spend
    15  seven  and one-half percent of the contract amount for approved planning
    16  and costs associated with administering the program. The contract  shall
    17  provide  for  completion  of  the program within a reasonable period, as
    18  specified therein, which shall not exceed four years  from  commencement
    19  of the program. Upon request, the corporation may extend the term of the
    20  contract for up to an additional one year period for good cause shown by
    21  the eligible applicant.
    22    An  eligible  property  must be the primary residence of the homeowner
    23  with a total household income that does not  exceed  eighty  percent  of
    24  area  median  income  for  the  county  in which a project is located as
    25  calculated by the United States department of housing and urban develop-
    26  ment. Funds shall be made available for relocation assistance to  eligi-
    27  ble  property  owners  who are unable to voluntarily relocate during the
    28  demolition and construction phases of the project. The cost  of  demoli-
    29  tion  and removal shall be an eligible use within the program. The total
    30  payment to replace a mobile or manufactured home  pursuant  to  any  one
    31  eligible  property  shall  not  exceed  one hundred thousand dollars and
    32  provide for completion not to exceed four years.
    33    Financial assistance to property owners shall be one  hundred  percent
    34  grants in the form of deferred payment loans (DPL). A ten year declining
    35  balance lien in the form of a note and mortgage, duly filed at the coun-
    36  ty  clerk's office, will be utilized for replacement projects. No inter-
    37  est or payments will be required on the DPL unless the property is  sold
    38  or  transferred  before the regulatory term expires. In such cases funds
    39  will be recaptured from the proceeds of the  sale  of  the  home,  on  a
    40  declining  balance  basis,  unless  an  income-eligible immediate family
    41  member accepts ownership of, and resides in the home for  the  remainder
    42  of the regulatory term.
    43    Notwithstanding any other provision of law, and subject to approval of
    44  the New York state director of the budget, the board of directors of the
    45  state  of  New  York mortgage agency shall authorize the transfer to the
    46  housing trust fund corporation, for the purposes  of  carrying  out  the
    47  provisions  of  the  mobile and manufactured home replacement program, a
    48  total sum not to exceed one million dollars, such transfer  to  be  made
    49  from  (i)  the  special  account  of the mortgage insurance fund created
    50  pursuant to section 2429-b of the public authorities law, in  an  amount
    51  not  to  exceed  the actual excess balance in the special account of the
    52  mortgage insurance fund, as determined and certified by the state of New
    53  York mortgage agency for the fiscal year 2016--2017 in  accordance  with
    54  section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
    55  provided that the reserves in the project pool insurance account of  the
    56  mortgage insurance fund created pursuant to section 2429-b of the public

        S. 2006--C                         35                         A. 3006--C
 
     1  authorities  law are sufficient to attain and maintain the credit rating
     2  (as determined by the state of New York  mortgage  agency)  required  to
     3  accomplish  the  purposes  of  such  account, the project pool insurance
     4  account of the mortgage insurance fund, such transfer to be made as soon
     5  as practicable but no later than March 31, 2018.
     6    §  11. Notwithstanding any other provision of law to the contrary, the
     7  community restoration fund established pursuant to section 2405-f of the
     8  public authorities law, shall be authorized to spend a sum not to exceed
     9  one million dollars to facilitate the development of nonprofit community
    10  land trusts, including, but not  limited  to,  planning,  real  property
    11  acquisitions  and  transfers,  and  other  capital  expenditures for the
    12  fiscal year ending March 31, 2018. Notwithstanding any  other  provision
    13  of  law  to  the  contrary,  and subject to the approval of the New York
    14  state director of the budget, the board of directors of the state of New
    15  York mortgage agency shall  authorize  the  transfer  to  the  community
    16  restoration  fund,  for the purposes of reimbursing any costs associated
    17  with the  development  of  community  land  trusts  authorized  by  this
    18  section, a total sum not to exceed one million dollars, such transfer to
    19  be  made  from  (i)  the  special account of the mortgage insurance fund
    20  created pursuant to section 2429-b of the public authorities law, in  an
    21  amount not to exceed the actual excess balance in the special account of
    22  the mortgage insurance fund, as determined and certified by the state of
    23  New  York  mortgage  agency for the fiscal year 2016--2017 in accordance
    24  with section 2429-b of the public authorities law, if any,  and/or  (ii)
    25  provided  that the reserves in the project pool insurance account of the
    26  mortgage insurance fund created pursuant to section 2429-b of the public
    27  authorities law are sufficient to attain and maintain the credit  rating
    28  (as  determined  by  the  state of New York mortgage agency) required to
    29  accomplish the purposes of such  account,  the  project  pool  insurance
    30  account of the mortgage insurance fund, such transfer to be made as soon
    31  as practicable but no later than March 31, 2018.
    32    § 12.  Notwithstanding any other provision of law to the contrary, the
    33  state  office  for  the  aging  may  provide,  for costs associated with
    34  naturally occurring retirement communities, a  sum  not  to  exceed  one
    35  million  dollars  for  the  fiscal year ending March 31, 2018.  Notwith-
    36  standing any other provision of law to the contrary, and subject to  the
    37  approval  of  the  New  York  state director of the budget, the board of
    38  directors of the state of New York mortgage agency shall  authorize  the
    39  transfer  to  the  state office for the aging, for the purposes of reim-
    40  bursing any costs associated with naturally occurring retirement  commu-
    41  nities authorized by this section, a total sum not to exceed one million
    42  dollars,  such  transfer  to be made from (i) the special account of the
    43  mortgage insurance fund created pursuant to section 2429-b of the public
    44  authorities law, in an amount not to exceed the actual excess balance in
    45  the special account of the mortgage insurance fund,  as  determined  and
    46  certified  by  the state of New York mortgage agency for the fiscal year
    47  2016-2017 in accordance with section 2429-b of  the  public  authorities
    48  law,  if any, and/or (ii) provided that the reserves in the project pool
    49  insurance account of the mortgage insurance  fund  created  pursuant  to
    50  section  2429-b  of  the public authorities law are sufficient to attain
    51  and maintain the credit rating (as determined by the state of  New  York
    52  mortgage  agency)  required  to accomplish the purposes of such account,
    53  the project pool insurance account of the mortgage insurance fund,  such
    54  transfer  to  be  made as soon as practicable but no later than June 30,
    55  2018.

        S. 2006--C                         36                         A. 3006--C
 
     1    § 13. Notwithstanding any other provision of law to the contrary,  the
     2  state office for the aging may provide, for costs associated with neigh-
     3  borhood  naturally occurring retirement communities, a sum not to exceed
     4  one million dollars for the fiscal year ending March 31, 2018.  Notwith-
     5  standing  any other provision of law to the contrary, and subject to the
     6  approval of the New York state director of  the  budget,  the  board  of
     7  directors  of  the state of New York mortgage agency shall authorize the
     8  transfer to the state office for the aging, for the  purposes  of  reim-
     9  bursing  any  costs  associated  with  neighborhood  naturally occurring
    10  retirement communities authorized by this section, a total  sum  not  to
    11  exceed  one  million  dollars,  such  transfer  to  be made from (i) the
    12  special account of the  mortgage  insurance  fund  created  pursuant  to
    13  section 2429-b of the public authorities law, in an amount not to exceed
    14  the  actual excess balance in the special account of the mortgage insur-
    15  ance fund, as determined and certified by the state of New York mortgage
    16  agency for the fiscal year 2016-2017 in accordance with  section  2429-b
    17  of  the  public  authorities  law, if any, and/or (ii) provided that the
    18  reserves in the project pool insurance account of the mortgage insurance
    19  fund created pursuant to section 2429-b of the  public  authorities  law
    20  are  sufficient  to attain and maintain the credit rating (as determined
    21  by the state of New York mortgage agency)  required  to  accomplish  the
    22  purposes  of  such  account,  the  project pool insurance account of the
    23  mortgage insurance fund, such transfer to be made as soon as practicable
    24  but no later than June 30, 2018.
    25    § 14. This act shall take effect immediately.
 
    26                                   PART S
 
    27                            Intentionally Omitted
 
    28                                   PART T
 
    29                            Intentionally Omitted
 
    30                                   PART U
 
    31                            Intentionally Omitted
 
    32                                   PART V
 
    33    Section 1. Subdivision c of section 2 of part K of chapter 58  of  the
    34  laws  of  2010 amending the social services law relating to establishing
    35  the savings plan demonstration, as amended by section 1  of  part  S  of
    36  chapter 54 of the laws of 2016, is amended to read as follows:
    37    c. this act shall expire and be deemed repealed March 31, [2017] 2018;
    38  provided,  however  that  at  such time that the office of temporary and
    39  disability assistance approves a revised savings demonstration plan that
    40  has been submitted to the office by the City of New York, this act shall
    41  expire and be deemed repealed. Upon approval of the  revised  plan,  the
    42  office  shall  notify  the chair of the senate finance committee and the
    43  chair of the assembly ways and means committee; provided, further,  that
    44  the  office  of  temporary  and  disability  assistance shall notify the
    45  legislative bill drafting commission upon the approval  of  the  revised
    46  savings  demonstration plan in order that the commission may maintain an
    47  accurate and timely effective data base of the official text of the laws
    48  of the state of New York in furtherance of effectuating  the  provisions

        S. 2006--C                         37                         A. 3006--C
 
     1  of  section  44  of  the  legislative law and section 70-b of the public
     2  officers law.
     3    § 2. This act shall take effect immediately.
     4    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     5  sion,  section  or  part  of  this act shall be adjudged by any court of
     6  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     7  impair,  or  invalidate  the remainder thereof, but shall be confined in
     8  its operation to the clause, sentence, paragraph,  subdivision,  section
     9  or part thereof directly involved in the controversy in which such judg-
    10  ment shall have been rendered. It is hereby declared to be the intent of
    11  the  legislature  that  this  act  would  have been enacted even if such
    12  invalid provisions had not been included herein.
    13    § 3. This act shall take effect immediately  provided,  however,  that
    14  the  applicable effective date of Parts A through V of this act shall be
    15  as specifically set forth in the last section of such Parts.
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